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12/06/2005
City Council Agenda lloesl- Tuesday, December 6, 2005 6:30 p.m. — Regular Meeting ► Redevelopment Agency Meeting ► Public Financing Authority Meeting ► Closed Session The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Wen Chang Mayor ProTem Debby O'Connor Council Member Carol Herrera Council Member Jack Tanaka Council Member Bob Zirbes City Manager Linda C. Lowry City Attorney Michael Jenkins City Clerk Linda C. Lowry Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. in addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular poVing locations, on DBTV Channel 3, and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7000 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 1.A 3DAY AT 9:O1 CALL TO ORDER: THE AND 'EVERY TUESDAY AT 8:00 P.M. CITY OF DIAMOND BAR CITY COUNCIL AGENDA December 6, 2005 PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Next Resolution No. 2005-59 Next Ordinance No. 10(2005) 6:30 p.m. Mayor Ahmad H. Sakr, Ph.D., Islamic Education Center Council Members Herrera, Tanaka, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.A.1 Presentation of Certificate of Recognition to Orien Pagen for the Art Show and Sale. 1.A.2 Presentation of Certificate of Recognition to Mengmeng Zhao, Leo of the Year - Diamond Bar High School Leo Club 2004-05. 1.A.3. Presentation of Certificate of Recognition to Diamond Bar High School Leo Club for achieving the Leo Club Excellence Award. 1.A.4 Presentation of Certificate of Recognition to Diamond Bar Breakfast Lions Club for 30 Years of Community Service (1975-2005). BUSINESS OF THE MONTH: 1.A.5 Presentation of City Tile to Budget Car & Truck Rental, Business of the Month, December 2005 and display of Business of the Month slides. December 6, 2005 PAGE 2 POST ELECTION PROCEDURES 2.1 Adopt Resolution No. 2005 -XX: Reciting the Fact of the General Municipal Election held on November 8, 2005, Declaring the Result and Such other Matters as Provided by Law. Recommended Action: Adopt. Requested by: City Manager 2.2 Presentations to Outgoing Mayor Pro Tem O'Connor 2.3 Administration of Oath of Office to Council Member Elect Wen Chang, Steve Tye and Bob Zirbes. 3, CITY COUNCIL REORGANIZATION 3.1 Selection of Mayor 3.2 Selection of Mayor Pro Tem 3.3 Presentation to Outgoing Mayor Wen Chang Recess/Reception Reconvene APPROVAL OF AGENDA: Mayor 4. CITY MANAGER REPORTS AND RECOMMENDATIONS: 4.A PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4.13 RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. December 6, 2005 PAGE 3 5. SCHEDULE OF FUTURE EVENTS: 5.1 Holiday Diamond Ride — November 25, 2005 through January 2, 2006— Free transportation to/from any commercial or retail center in Diamond Bar. Call 800-578-6555 for service. 5.2 Winter Snow Fest — December 10, 2005 — 10:00 a.m. — 4:00 p.m., Pantera Park, 738 Pantera Dr. 5.3 Candy Cane Craft Fair — December 10, 2005 — 9:00 a.m. — 2:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 5.4 Planning Commission Meeting — December 13, 2005 —7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.5 Neighborhood Traffic Management Program Meeting— December 13, 2005 — 7:00 p.m., Bent Twig Ln. (between Barbi Ln. and Hawkwood Rd.) Sheriff's Community Resource RV located in front of 3322 Bent Twig Ln. 5.6 City Council Meeting — December 20, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.7 City Offices will be closed Friday, December 23 — Monday, December 26, 2005 in observance of the Christmas Holiday. City offices will reopen on Tuesday, December 27, 2005. 5.8 Holiday Tree Curbside Collection Program — December 26, 2005 through January 13, 2006. Trees free of decorations may be left at the curb for free pickup during this period. 5.9 State of the City Address — January 12, 2006 — 6:00 p.m., Diamond Bar Center, 1600 Grand Ave. 5.10 The following Commissions will be dark in December: Traffic and Transportation Commission, Planning Commission Meeting of December 27, 2005 and Parks and Recreation Commission. 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session of November 15, 2005 - Approve as submitted. 6.1.2 Regular Meeting of November 15, 2005 — Approve as submitted. December 6, 2005 PAGE 4 6.2 Planning Commission Minutes: 6.2.1 Regular Meeting of October 11, 2005 - Receive and file. 6.2.2 Study Session of October 25, 2005 — Receive and file. 6.2.3 Regular Meeting of October 25, 2005 —Receive and file. 6.3 Parks and Recreation Commission Minutes — Regular Meeting of October 27, 2005 - Receive and file. 6.4 Ratification of Check Register — Containing Checks Dated November 11, 2005 through December 1, 2005 Totaling $914,172.01. 6.5 Treasurer's Statement - month of October, 2005 Recommended Action: Review and Approve. Requested by: Finance Department 6.6 Adopt Resolution No. 2005 -XX: Authorizing, Appropriating, and Approving the Sale of $300,000 of Prop A Funds (Local Return Transit Funds) to the City of Commerce in exchange for $225,000 for General Fund Public Works Improvements. Recommended Action: Adopt and Authorize. Requested by: Public Works Department 6.7 Approval of Amendment No. 4 to Revise the Contract with Excel Landscape to Add Five (5) New Areas to the Landscape Maintenance Contract in the Amount of $8,513.48 for a Total Authorization of $37,884.56 for the 2005/06 FY; Plus a Contingency Amount of $5,000 for As -Needed Work; Plus Appropriation of $3,080 From LLAD #41 Reserves for Cost of Services in this District. Recommended Action: Approve. Requested by: Community Services Department 6.8 (a) Adopt Resolution No. 2005 -XX Amending the City's Community Development Block Grant (CDBG) Program for FY 2005-06 by Appropriating $157,993 of Prior Year CDBG Funds to Provide Additional Funding for the Home Improvement Program (HIP) for a Total of $276,785. December 6, 2005 PAGE 5 Recommended Action: Approve and Adopt. Requested by: Community Development Department (b) Approve Amendment No. 1 to the Professional Services Agreement with LDM Associates, Inc. for Home Improvement Program Administrative Support Services increasing the amount from $23,800 to $55,357. Recommended Action: Approve. Requested by: Community Development Department 6.9 Approval of Contract Amendment No. 7 to Extend City -Wide Landscape Maintenance Contract with TruGreen Landcare for Eighteen Months, January 1, 2006 through June 30, 2007 in the Amount of $497,013; Plus Appropriation of $1,593 from LLAD #38 Reserves, $3,094 from LLAD #39 Reserves, and $974 from LLAD #41 Reserves for Contract Costs for the 2005/06 FY Related to Each of the Lighting and Landscape Assessment Districts. Recommended Action: Approve. Requested by: Community Services Department 6.10 Approval of Applications For Tree City USA Recertification for 2005, and the Second Year Tree City USA Growth Award and Authorize the Mayor To Sign The Applications. Recommended Action: Approve and Authorize. Requested by: Community Services Division 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard 7.1 Continued Public Hearing — Consideration of Zone Change No. 2004-01, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02 for Country Hills Town Center: A Zone Change From Neighborhood Commercial (C-1) to Community Commercial (C-2) District Consistent with the General Plan Commercial Designation; A Conditional Use Permit and a Development Review for the Renovation of the Fagade of the Existing Shopping Center Totaling 221,083 sq. ft.; and a Variance to Increase the Building Height for the Tower From 35 ft., to 49 ft. the Two -Story Building From 35 ft. to 40 ft. and the Three -Story Building From 35 ft. to 54 ft. Continued from November 15, 2005. December 6, 2005 PAGE 6 Recommended Action: Reopen Public Hearing, receive testimony, close the Public Hearing and Approve Planning Commission Recommendation which would include the following: (1) Approve for first reading by title only, waive full reading and introduce Ordinance No. 0X(2005) Approving the Zone Change; (2) Adopt Resolution No. 2005 -XX: Approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-02; and, (3) Issue a Mitigated Negative Declaration and Mitigation Monitoring Program; or, Provide Additional Direction to Staff. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: 8.1 Consideration of Adjourning the December 20, 2005 Meeting to January 3, 2006. Recommended Action: Discuss and Direct Staff. Requested by: City Manager RECESS TO REDEVELOPMENT AGENCY: CALL TO ORDER: Chair Zirbes ROLL CALL: Agency Members Chang, Herrera, Tanaka, Tye, Zirbes 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Agency Members values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 Approve Minutes — Annual Meeting of April 19, 2005 — Approve as submitted. December 6, 2005 PAGE 7 4. REDEVELOPMENT AGENCY REORGANIZATION 4.1 Selection of Chair 4.2 Selection of Vice Chair 4.3 Presentation to Outgoing Chair Zirbes 5. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. ADJOURN REDEVELOPMENT AGENCY MEETING RECESS TO PUBLIC FINANCING AUTHORITY Next Resolution No. PFA2005-01 1. CALL TO ORDER: Chair Herrera ROLL CALL: Agency Members, Tanaka, Tye, Zirbes, VC/Chang, C/Herrera 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Authority on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Authority Members values your comments, pursuant to the Brown Act, the Authority generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Authority 3. CONSENT CALENDAR: 3.1 Approve Minutes — Annual Meeting of April 19, 2005 — Approve as submitted. 3.2 Treasurer's Statement — Approve Statement for April 1, 2004 through March 31, 2005. Recommended Action: Approve. Requested by: Finance Department December 6, 2005 PAGE 8 3.3 Adopt Resolution No. PFA 2005 -XX: Approving and Adopting a Budget for the Diamond Bar Public Financing Authority for the FY Commencing July 1, 2005 and ending June 30, 2006. Recommended Action: Adopt. Requested by: Executive Director 4. PUBLIC FINANCE AUTHORITY REORGANIZATION 4.1 Selection of Chair 4.2 Selection of Vice Chair 4.3 Presentation to Outgoing Chair Herrera 5. AUTHORITY MEMBER COMMENTS: Items raised by individual Authority Members are for Authority discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. ADJOURN PUBLIC FINANCING AUTHORITY MEETING RECONVENE CITY COUNCIL MEETING: 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: CLOSED SESSION: Public Comments on Closed Session Agenda 00. Initiation of Litigation - Government Code Section 54956.9(c) 7 Cases 10. ADJOURNMENT: Agenda # 2.1 Meeting Date: Dec. 6, 2005 CITY COUNCIL �4 R spa AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager 6 fuKl�r TITLE: Adoption of Resolution No. 2005 -XX Declaring the Results of the November 8, 2005 General Municipal Election RECOMMENDATION: Adopt Resolution. FINANCIAL SUMMARY: None BACKGROUND: On November 8, 2005 the City conducted its General Municipal Election for three City Council vacancies. With the exception of the nomination of candidates, all aspects of the election were administered by the Los Angeles County Registrar-Recorder/County Clerk on behalf of the City. The Registrar -Recorder's certified results of the election November 28, 2005 indicate that Wen Chang and Bob Zirbes were duly re-elected and that Steve Tye was duly elected for four-year terms. Adoption of the Resolution ratifies the results certified by the Los Angeles County Registrar-Recorder/County Clerk on the City's behalf. Further, it would complete the election process and allow for the newly -elected Council Members to receive the Oath of Office and begin their four-year terms of office. PREPARED BY: Linda C. Lowry, City Clerk Attachments: RESOLUTION NO. 2005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2005, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Diamond Bar, California, on Tuesday, November 8, 2005, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Election Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 2005-33 adopted June 21, 2005, the Los Angeles County Registrar-Recorder/County Clerk canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS, FOLLOWS: SECTION 1. That the whole number of ballots casrin the precincts except absent voter ballots and provisional ballots was 9,110. That the whole number of absent voter ballots cast in the City was 4,211, making a total of 13,321 ballots cast in the City. SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows: Wen Chang Steve Tye Bob Zirbes SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit A attached. SECTION 4. The City Council does declare and determine that: Wen Chang was elected as Member of the City Council for the full term of four years; Steve Tye was elected as Member of the City Council for the full term of four years; and Bob Zirbes was elected as Member of the City Council for the full term of four years. SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election, showing: (1) whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for: (4) The number of votes given at each precinct to each person; (5) The total number of votes given to each person. SECTION 6. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on 2005. Wen P. Chang, Mayor I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on December 6, 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Linda C. Lowry, City Clerk e 9.,� 4P oy o- f� I, CONNY B. McCORMACK, Registrar-Recorder/County Clerk of the County of Los Angeles, of the State of California, DO HEREBY CERTIFY that pursuant to the provisions of Section 15300 et seq. of the California Elections Code, I did canvass the returns of the votes cast for each elective office and/or measure(s) in DIAMONDd4 CITY at the Special Statewide and Consolidated Elections, held on the 8th day of November, 2005. I, FURTHER CERTIFY that the Statement of Votes Cast, to which this certificate is attached, shows the total number of ballots cast in said Jurisdiction, and the whole number of votes cast for each candidate and/or measure(s) in said Jurisdiction in each of the respective precincts therein, and the totals of the respective columns and the totals as shown for each candidate and/or measure(s) are full, true and correct. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 28th day of November, 2005. CONNY B. McCORMACK Registrar-Recorder/County Clerk County of Los Angeles Exhibit A E9 10* 0 ocom.. m v 0 .,Q. ME 03: 2 M.. m OHO 0 z z wo D 0 M- z z 0 C9 m2mwm NNW N 1- NEI NM moom 0 ww mw 3K6*:ww"io,! h ul EM wo m m W 0) m ............. o (9 z 3 z < Z .0 wx 0 OU 3:0 L) oRW :�m o tri�we: o N mom omw . . ... mom WR wo wo N 0 . . .............. < 0 0110. 0 0 0 1000 00 U V�Io 0 c o 0'�: . ..... .. .......... ES U0 Ci LL O W K . . . ........ . . .. . .. . .. .......... 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T mum Mum tll OM� DmU0 D m Z RION �v MEN rE Imm ism 0 0 L) (9 0 SZ z 0 Q7 z < 3 u UO 93QU MR X.. w ME 1n a CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION NOVEMBER 15, 2005 Agenda No. 6.1,1 STUDY SESSION: Mayor Chang called the Study Session to order at 6:20 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Herrera, Tanaka, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Also Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Ken DesForges, IS Director, Linda Magnuson, Finance Director; Marsha Roa, Public Information Manager; Sharon Gomez, Senior Management Analyst; Ryan McLean, Senior Management Analyst; Javier Peraza, Management Analyst and Tommye Cribbins, Assistant City Clerk. A. SOLID WASTE AUDIT REPORT PWD/Liu introduced Laith Esset, Senior Vice -President, Hilton, Farnkopf and Hobson LLC, the City's waste audit consultant, who gave a Power Point presentation on the audit findings. Findings revealed that both contractors were reasonably handling complaints that were recorded in their customer service systems and that both contractors were billing customers with reasonable accuracy. Some minor inaccuracies were identified that were not material and both contractors were correcting them; both contractors had minor inaccuracies in the payment of the AB 939 fee; reports could be enhanced by including additional information; although not required under the Agreement, Waste Management provides a reduced rate for multi -family curbside customers without green waste service; and, the AB 939 fee charged for temporary bins and roll -off boxes was assessed disproportionately to the level of service. Mr. Esset recommended the City take the following steps to correct negative findings. 1) The amount of the green waste discount provided to multi -family customers without green waste service should be included in the City approved rate schedule and procedures for implementing the discount should be contained in the agreement. MPT/O'Connor asked if the discount was given because the gardeners removed the green waste? Mr. Esset responded that it was generally the case. However, the City wants to ensure that the waste gets collected and that it also gets diverted because the City would not want to provide a discount unless the green waste was being recycled. NOVEMBER 15, 2005 PAGE 2 CC STUDY SESSION 2) The City should approve the rates for temporary services and include them in the published rate schedule. The City may want to survey other jurisdictions with published rates for these services to confirm reasonable charges. 3) Determine whether or not the AB 939 fee should be assessed on containers provided at no charge to City facilities and revise the agreement accordingly. Note that Valley Vista Svcs. stopped paying the AB 939 fee to the City on these containers in March 2004. 4) Consider changing the method for assessing the AB 939 fee on commercial services so that it is proportional to the level of service provided rather than a fixed fee per container regardless of size or frequency of collection. 5) Specify whether or not a surcharge for Saturday service may be charged and if appropriate, include it in the City approved rate schedule. 6) Revise the contract language to state that all fees and charges must be included in the City approved rate schedule. 7) Utilize the updated Recycling and disposal Report templates contained in the HF&H report for the contractors to submit their monthly information to the City. 8) Prior to updating the agreement to address the above issues, the City could probably benefit from a comprehensive review of its entire agreement to ensure that other terms are clear and consistent with those in a modern agreement. C/Zirbes thanked Mr. Esset for an excellent report and list of recommendations. M/Chang thanked Mr. Esset for his report and asked staff to bring the item back for further study. He said he was concerned about Valley Vista's14% inaccuracy and felt it should be brought to their attention and immediately corrected. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 6:37 p.m. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of WEN CHANG, Mayor 2005. Agenda No.6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 15 2005 CLOSED SESSION: 5:30 p.m., Room CC -8 DRAFT Public Comments on Closed Session Agenda Government Code Section 54956.9(c) — Initiation of Litigation STUDY SESSION: 6:20 p.m., Room CC -8 ► Solid Waste Audit Report M/Chang adjourned the Study Session at 6:37 p.m. CALL TO ORDER: Mayor Chang called the regular City Council meeting to order at 6:45 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. Mayor Chang reported that City Council began its evening with a Closed Session followed by a Study Session during which Council received a Solid Waste Audit Report and requested that staff place the matter on a future Study Session Agenda for further consideration. PLEDGE OF ALLEGIANCE: Mayor Pro Tem O'Connor led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church gave the Invocation. ROLL CALL: Council Members Herrera, Tanaka, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Ken DesForges, IS Director; Linda Magnuson, Finance Director; Nancy Fong, Interim Community Development Director; Ryan McLean, Senior Management Analyst and Tommye Cribbins, Executive Asst. APPROVAL OF AGENDA: CM/Lowry stated that due to the inability of McDonalds, (Business of the Month) to attend the meeting, staff would forward City Tiles to Mark Brownstein, Bryan Carmach and Peter Horner, owners of the McDonald's at 21095 Golden Springs Drive and 205 S. Diamond Bar Boulevard, Business of the Month for November 2005. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Pro Tem O'Connor proclaimed November 15, 2005 as "America Recycles Day" to Javier Peraza, Management Analyst, accepting on behalf of the Public Works Department and the City. NOVEMBER 15 2005 PAGE 2 CITY COUNCIL BUSINESS OF THE MONTH: 1.2 C/Tanaka presented a Certificate Plaque to Elizabeth Maxey, President of Dain Insurance Agency as Business of the Month. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Kevin Hinkle read a letter written by his mother Margie Hinkle, 1102 N. Greycloud Lane, expressing her concerns and disappointment with tactics used during the recent election. Comments contained in the letter were directed at C/Herrera and C/Zirbes. Orien Pagen invited everyone to "Sunday at the Center" art show and sale sponsored by the City, Pacific Crest Youth Arts and the D.B. Community Foundation on Sunday, November 20. Andrea O'Connor, 23725 Bower Cascade, said she felt it was disgraceful for C/Herrera to drag her into the vendetta to destroy her mother, Debby O'Connor. Her mother has always acted in the best interest of the City. Andrea said she was never selected as a Volunteen as C/Herrera stated. She applied for the position but was denied the position because her mother served as a Council Member. She wanted to know what she, a 16 -year old child had to do with City politics and she wanted to know what happened to C/Herrera's morals and integrity. She said her mother had nothing to be ashamed of and told her mother she loved her. Darryl May, AYSO Regional Commissioner thanked M/Chang, MPT/O'Connor and Council for supporting the 13th annual AYSO Tournament, "Cottontail Country Classic" scheduled for 2006 and presented CSD/Rose, M/Chang, MPT/O'Connor, Dave Grundy, RS/Wright and CM/Lowry a symbolic permanent marker to thank them for their efforts. Ron Everett spoke about the results of the recent election. Although some people he felt should be re-elected were not, the people have spoken and he believed those newly elected individuals would bring new strengths and perspectives to their positions. He thanked MPT/O'Connor for her many years of service to the City and wished her well. He congratulated the Council winners and said he was optimistic that the City would move forward with the work of the people. After the last meeting he was disappointed. However, after reading the minutes of the meeting he was encouraged by the differing views expressed because they made sense after the fact and after the election. He especially appreciated the challenge offered by Wanda Tanaka and Dan Nolan that residents read all of the literature and use their judgment to make the right decision. He also appreciated Roger Meyer's request to adjourn the meeting in honor of long-time community activist Shirley Shuler and he also appreciated Mr. Meyer's request that candidates pick up their signs immediately after the election. He said he was impressed that the signs were picked up in a timely fashion. He also appreciated comments by C/Tanaka that reflected on his NOVEMBER 15 2005 PAGE 3 CITY COUNCIL volunteerism. He hoped that Peter Drucker and Coach John Wooden would be models for teamwork on this City's Council. Mei Lien Chang congratulated her husband on being reelected to the City Council. She also congratulated MPT/O'Connor on her service to the community since 1997. In 1997 when M/Chang was elected he promised he would donate his salary and benefits back to the community and she displayed evidence that he had kept his promise and donated all of that and more to worthy causes. She congratulated C/Zirbes and Steve Tye on their elections and hoped that the residents would join with M/Chang, MPT/O'Connor and C/Tanaka to serve the community. D.B. deserves a better and cleaner government and she said she looked forward to a healthy and prosperous D.B. Therina Sun, 2708 Rocky Trail presented bouquets of flowers to MPT/O'Connor and M/Chang on behalf of "several residents" for running clean campaigns and for doing the right things for the City. She said she was disappointed that MPT/O'Connor was not re-elected but felt that Mrs. O'Connor would continue serving the community. She congratulated C/Zirbes on his re-election and Steve Tye on his election and hoped that the newly elected Council would discard personal egos and agendas and work as a team to make D.B. one of the most desirable cities in which to live. Clyde Hennessee said he too was dissatisfied by derogatory comments being made by speakers about how bad things have been. He said he has observed "hangman's court" during the past couple of meetings and the people who spoke were allowed a forum for taking cheap shots. People who spoke tonight have said the Council should work together and they speak about how certain people are to be excluded and that residents should only work with three specific people. There are five people on the Council and the majority has spoken. He reiterated his concerns about the amount of money being spent by the City and the proposal to implement a tax to pay for a new library. Marie Buckland congratulated M/Chang and apologized to MPT/O'Connor that she had to endure mudslinging during the campaign. She again directed negative comments to C/Herrera and wanted to know what C/Herrera stood for. Butch Lowe, Beaverhead Drive, said he had been a resident of D.B. since 1971 and that this was the first Council meeting he had attended. He has, however, watched almost every meeting since they were televised and has voted in almost every local, state and national election since he obtained the right to do so. He believed he was an informed and educated citizen and voter. What he has seen in this community during the last four years of elections has caused him to appear at tonight's meeting. He launched a diatribe toward and against C/Herrera and was requested to cease his personal attack by C/Zirbes and MPT/Herrera. Denise Amiri, Rowland Heights, said that D.B. had been her adopted City and she wanted to purchase a home in the community. While she did not always agree with what Council Members wanted to do she was very upset about the vicious attacks being launched by and against certain Council Members. The discussion should be NOVEMBER 15 2005 PAGE 4 CITY COUNCIL about what should be done to make the City better, not about what was done or supposedly done that people did not agree with. Mange] Gulshan congratulated new and retiring Council Members. He said that in his opinion, D.B. was a community that should be pulling together for the betterment of the City instead of tearing each other down. He asked Council to look into the Dial -A -Ride service because he felt they were not doing a good job. 4. RESPONSE TO PUBLIC COMMENTS: None offered. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS AND RECREATION COMMISSION MEETING — November 17, 2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.2 SUNDAY AT THE CENTER - ONE DAY ART SHOW AND SALE — November 20, 2005 —10:00 a.m. — 4:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 5.3 PLANNING COMMISSION MEETING — November 22, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.4 THANKSGIVING HOLIDAY— City Off ices will be closed Thursday, November 24 and Friday, November 25, 2005 in observance of the Thanksgiving Holiday. City offices will reopen, Monday, November 28, 2005. 5.5 Holiday Diamond Ride — November 25, 2005 through January 2, 2006 — Free transportation to/from any commercial or retail center in Diamond Bar. Call 800-578-6555 for service. 5.6 PUBLIC SAFETY COMMITTEE MEETING— December 5,2005— 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut. 5.7 CITY COUNCIL MEETING — December 6, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Herrera moved, C/Tanaka seconded to approve the Consent Calendar as presented with MPT/O'Connor abstaining on Item 6.1. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes, MPT/O'Connor M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NOVEMBER 15 2005 PAGE 5 6.1 CITY COUNCIL MINUTES: CITY COUNCIL 6.1.1 Study Session of November 1, 2005 — Approved as submitted. 6.1.2 Regular Meeting of November 1, 2005 — Approved as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of September 22, 2005. 6.3 RATIFIED CHECK REGISTER — containing checks dated October 28 through November 10, 2005 in the amount of $954,001.30. 6.4 DENIED CLAIM — filed by Ashwini Lai on August 19, 2005. 6.5 APPROVED AMENDMENT NO. 3 TO THE CONTRACT WITH HIRSCH AND ASSOCIATES FOR ARCHITECTURAL SERVICES FOR SYCAMORE CANYON PARK ADA RETROFIT IMPROVEMENT PROJECT IN THE AMOUNT OF $3,500 FOR A TOTAL AUTHORIZATION OF $164,450. 6.6 APPROVED EXTENSION OF AGREEMENT WITH TENNIS ANYONE FROM JULY 1, 2004 THROUGH JUNE 30, 2006 IN AN ANNUAL AMOUNT NOT TO EXCEED $50,000 FOR A TOTAL AUTHORIZATION OF $100,000. 7. PUBLIC HEARINGS: 7.1 CONSIDERATION OF ZONE CHANGE NO. 2004-01, CONDITIONAL USE PEERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-02 FOR COUNTRY HILLS TOWNE CENTER: A ZONE CHANGE FROM NEIGHBORHOOD COMMERCIAL (C-1) TO COMMUNITY COMMERCIAL (C-2) DISTRICT CONSISTENT WITH THE GENERAL PLAN COMMERCIAL DESIGNATION; A CONDITIONAL USE PERMIT AND A DEVELOPMENT REVIEW FOR THE RENOVATION OF THE FAQADE OF THE EXISTING SHOPPING CENTER TOTALING 221,083 SQUARE FEET; AND A VARIANCE TO INCREASE THE BUILDING HEIGHT FOR THE TOWER FROM 35 FEET TO 49 FEET THE TWO- STORY BUILDING FROM 35 FEETT040 FEET AND THE THREE-STORY BUILDING FROM 35 FEET TO 54 FEET. ICDD/Fong presented staff's report and recommended that the Council open the Public Hearing and continue the matter to December 6, 2005 in order to allow ICDD/Fong an opportunity to complete and forward an adequate report to recommend Council approval. M/Chang opened the Public Hearing. There was no one present who wished to speak on this matter. NOVEMBER 15 2005 PAGE 6 CITY COUNCIL C/Zirbes moved, M/Chang seconded to continue the matter to December 6, 2005. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 8. COUNCIL CONSIDERATION: Herrera, Tanaka, Zirbes, MPT/O'Connor, M/Chang None None 8.1 ADOPT RESOLUTION NO. 2005 -XX: DELEGATING TO THE CITY MANAGER OR HER DESIGNEE THE DUTIES OF MAKING A FINDING OF PUBLIC CONVENIENCE AND NECESSITY TO WARRANTTHE ISSUANCE OF A LIQUOR LICENSE. ICDD/Fong reported that the Department of Alcohol Beverage Control (ABC) requested that the City make a finding as to whether or not the public convenience and necessity would be served by issuing a liquor license to Gourmet Essentials, a business located in the Diamond Bar Village. The process for making such a finding was for the City to Council or the City Manager or her designee to review the request and make the appropriate finding. Staff recommended that this function be delegated to the City Manager or the City Manager's designee. There was no one present who wished to comment on this matter. C/Zirbes felt that it was most appropriate for the City Council to retain control over this aspect of the ABC review process because it was ultimately the City Council's responsibility acting as residents of the City and on behalf of the citizens of D.B. to make such a determination. C/Zirbes moved, C/Herrera seconded to direct staff to prepare a resolution setting forth the City Council's control over this aspect of the ABC review process. C/Tanaka felt that with the proper guidelines that CM/Lowry or her designee could make the decision because as stated by C/Zirbes there would most likely not be a deluge of these types of requests. If there was a concern the Council could step in at the appropriate time. M/Chang felt the Planning Commission should review the matter and make a recommendation to the City Council. C/Zirbes amended his motion to first clear the matter through the Planning Commission. C/Herrera said she would not second the amended motion. NOVEMBER 15 2005 PAGE 7 CITY COUNCIL M/Chang seconded the amended motion. MPT/O'Connor asked if it was appropriate to refer the item to the Planning Commission. CA/Jenkins said the decision was that of the City Council. CM/Lowry asked if the motion included an appeal process should the matter first go to the Planning Commission. MPT/O'Connor asked if all Planning Commissions were subject to appeal and ICDD/Fong responded affirmatively. MPT/O'Connor wondered if the language had to be included in this specific resolution. CA/Jenkins said it was an unusual situation because these types of matters were not usually referred to the Planning Commission. All that ABC was asking for was an opinion and not a decision, not something that was set out in the zoning ordinance and not something contemplated in the duties of the Planning Commission in the Municipal Code. The City should at least set out what the process is in this particular resolution because it is not otherwise provided for in the City's Municipal Code and Zoning Ordinance and therefore, CM/Lowry is correct to recommend that the process should be spelled out for this particular procedure. AYES: COUNCIL MEMBERS: Tanaka, Zirbes, M/Chang NOES: COUNCIL MEMBERS: Herrera, MPT/O'Connor ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Zirbes said that tonight's meeting was reminiscent of prior elections. Negative campaign material was nothing new to D.B. and to other cities and certainly did not take root this year. One of the great things about the City is that residents step forward and claim citizenship of many years and he is a relatively "new" citizen. West Covina just went through a very vicious campaign with $135,000 spent against one candidate who came in second. Bottom line is that people are smarter than the mudslingers - most people take election information with a grain of sand. Each candidate who ran in this election is a fine individual. PACS became involved and individuals were within their rights to donate to those PACS. It is the individual's right to disagree with the materials and it is the right of the PACS and individuals to distribute the material. It was his right to distribute material he felt compelled to put before the public and his material stated it was paid for by the committee to re-elect Bob Zirbes. He has always felt his role in the community was a positive role and that it was uplifting for him and for his family. He said he did not have the time, energy or patience to participate any other way. He is not a negative person and wished each of the candidates well in the election and was prepared to receive congratulations or condolences as soon as he announced his candidacy. One thing he is confident about is that even with the rancor spewed forth this evening and with people who NOVEMBER 15 2005 PAGE 8 CITY COUNCIL have read letters and made accusations and exercised their freedom of speech on December 6 the five elected City Council Members will work together for the betterment of D.B. The election is over and it is time to move on. The fact is that this Council has worked well together for four years. He remembered someone saying that when C/Zirbes was first elected to the City Council that he would be on the short end of a 4-1 vote and he reminded the individual that his prediction did not materialize. He outlined numerous agenda items including economic development that would move forward through the combined efforts of the new Council Members. He said that he believed that D.B. was a "family" destination and that people moved to D.B. for a life of quality. Elections are tough and sometimes they get bitter. However, it is time to put that aside and move on with the business of the City. C/Herrera stated that every two years D.B. has hotly contested elections. She recalled that in 1995 there were 11 candidates running for two seats and the campaign mailers were pretty vicious against then Mayor Phyllis Papen. The most amazing thing C/Herrera remembered was that someone who opposed Ms. Papen's re-election got copies of her bank statements and her checkbook and displayed them during Public Comments. Two years ago two Council Members openly campaigned against two incumbents. There were rallies in homes, people chanting "out with the H's, in with the T's." Thousands of dollars were spent to get individuals elected. There were Council Members going door-to-door telling people "don't vote for the H's, vote for the T's" and these actions were defended during subsequent Council meetings that everyone has a right to support whatever candidate they chose. She said she completely agreed with and supported everyone's right to support the candidate of his/her choice and believed that is what happened this year. Candidates won — congratulations to Steve Tye the #1 vote getter — she said she was very proud of him and she thanked everyone who supported his election. She congratulated C/Zirbes. Even though people were going door-to-door and saying "don't vote for him, he's a health risk", the greater public had the greater wisdom and re-elected him, a good decision. The election is over and she recommended that there be no more personal attacks at the speaker podium because it was a violation of standards and rules of conduct for City Council meetings. Personal attacks are not allowed against Council Members but the Mayor permitted it. She said she was honestly concerned for her physical safety and that she was happy to see members of the Sheriff's Department present to make sure that members of the audience would not get carried away and do her physical harm. C/Tanaka reported that he attended the League of Cities LA County Division meeting. Lee Baca, the featured speaker spoke about updates in his Department and his campaign to increase new deputies; he attended the San Gabriel Valley Economic Partnership Breakfast; had a great time attending the Sunshine Seniors Group Indian New Year and thanked Mr. Gulshin and Mr. Shah for their invitations; had a great time at the Veterans' Recognition Ceremony with over 60 individuals receiving recognition; had a fun time at the Diamond Bar Chamber of Commerce mixer; had an opportunity to attend the Grandparents Against Deadbeat Dads and Moms third American Angels Ensemble; attended a prayer service for Jack Newe; congratulated M/Chang, C/Zirbes and Steve Tye on their elections and reelections. He commented that some candidates for office interpreted the Business NOVEMBER 15 2005 PAGE 9 CITY COUNCIL Registration Fee as a "tax" and a new tax requires a two-thirds approval by the voters. The issue of a Business Registration Fee was initially discussed and supported over two and one-half years ago by the City Council because the City Council agreed that businesses needed to be in compliance with the City's zoning codes and that the City should be aware of what types of businesses are in the City and where they are located. Further, it was felt to be useful for the City to know how many individuals worked within each business and the program would also allow the City an opportunity to capture information that would be useful to economic development. From a safety standpoint it behooves the City and its service units to know whether there are businesses that deal with chemicals, explosives or other types of hazardous materials that could present a safety issue within the City's neighborhoods. The $10 fee is not a revenue -generating device and the nominal fee does not cover the cost to administer the program. He thanked MPT/O'Connor for her eight years of service to the residents of D.B. as a Council Members, Mayor Pro Tem and Mayor. He said he would miss working with her on the Council and that it had been an honor to work with her. He felt certain that they would be working together on other venues within the community. MPT/O'Connor has represented the City well at many City events and has always represented the community well. He and Wanda wished MPT/O'Connor and her family all of the best. MPT/O'Connor apologized for missing the last meeting. She was thankful that her husband had a successful surgery and was hale and hearty. She congratulated M/Chang, C/Zirbes and Steve Tye on their successful campaigns. She said she could not have lost to better men. She told Mr. Tye that she was pleased he was on board to represent the northern end of town and because his wife works for the Pomona Unified School District she felt certain that Mr. Tye would work to assure equal distribution of funds between the two school districts. Speaking to campaign issues, she received no more and no less City benefits than any of her fellow Council Members and no more and no less than the City offers. All Council Members receive medical benefits and are able to select from several available options made available by the City. Of course she would select the option that was most beneficial to her and to her family. She never asked for any special option, she took the options that were available. Every City Council Member has a City cell phone or identical reimbursement if the Council Member decides to use his/her personal cell phone. The City never washed her personal car, it is hand washed in her driveway. With respect to free golf, all of the non-profit organizations as for Council support by getting their contacts to play in their tournaments. C/Herrera did so for the Walnut Valley Educational Foundation as MPT/O'Connor did for the YMCA. C/Herrera's husband has played in many tournaments with MPT/O'Connor and she was proud to support the non-profit organizations as fundraising becomes necessary to meet the needs of the City's residents. It has been her pleasure to help with fundraising for local schools and organizations. She has also heard that she apparently pressured City staff to do many things and she said that would most likely depend on the definition of "pressure." She said she has been reminded over and over again by C/Herrera that one Council Member cannot act alone, it takes three Council Members. She said she was also amazed that Mrs. Roberto referred to her blood donation to C/Zirbes as a "political stunt." Did anyone know before the surgery that blood was or was not going to be needed? She said she made her NOVEMBER 15 2005 PAGE 10 CITY COUNCIL donation as a way of showing support and to contribute to the well being of a friend. She and C/Zirbes happen to share the same blood type A -Negative and if C/Zirbes had needed it, it would have been available to him. She also gives blood to the Red Cross every nine weeks to help save lives of people who need blood. Mrs. Roberto's hind -sight was spectacular because C/Zirbes did not need the blood. There are always two sides to every story and she thanked everyone who took the time to call her to find out the truth. City staff has also been maligned during this campaign and she thanked staff for their professionalism and dedication to D.B. and said that it had been a pleasure working with staff and learning from staff to improve D.B. She said she was proud of what the City had accomplished during the past eight years and was especially proud of the Parks Master Plan, Trails Master Plan, Youth Master Plan and the Diamond Bar Center that were done for all of the residents of D.B. She thanked the residents of D.B. for allowing her to serve them during the past eight years. M/Chang said that during the past eight years he and MPT/O'Connor had agreed more than they had disagreed and that MPT/O'Connor had served the community without personal agenda and greed for power. He thanked her for serving the community during the past eight years. He agreed that the democratic system allowed for individuals to support the candidate of their choice. In terms of supporting others, lying, defamation, hit pieces and betrayal of their votes shows a lack of integrity. A lot of money was spent on flyers that were filled with lies and defamation. It is okay to support a candidate but it is not okay to spread lies and distort facts. During the election the issue of a tax was distorted beyond reason. If anyone is interested to learn about the Business Registration Fee they should go to City Hall and ask for a business license comparison matrix. D.B. does not have a Business License tax. D.B. is a very business -friendly community. People have a right to know what is happening next door for reasons of safety, for property value reasons, for proper zoning and usage, for a City and the Chamber to promote businesses in the community and for business owners to be responsible for what they are doing. It is a $10 fee that became a big tax issue. The Council voted 4-1 to pass the $10 Business Registration Fee. Regarding a library tax, the Council agreed 5-0 to put the decision to the people. C/Zirbes was the chairman of the library task force, Mr. Tye served on the task force and M/Chang also served as a committee member. All were in agreement that if the library was to be built the people should make the decision. This issue is still in the discussion stages and has not been finalized. People campaigned by distorting the issue of residents being taxed and he felt it was not right. C/Zirbes said that the Council was working together and that building a library had been one of the priority goals of the City since 1997. He addressed comments to C/Herrera about issues regarding a possible increase in Council salaries. He said he supported other Council Members because they wanted a raise and now they are saying he wanted a $5,000 raise which he said was totally disgraceful. No one wants to take credit for more rumors and lies and defamation. Nick Anis is a political consultant for three candidates and people saw him pounding the "no tax sign" on the floor and no one associated with it. D.B. is a great City and people should not distort and spread lies. He hoped that from now and forever the residents would not again have to witness this kind of campaigning. When he lived in Taiwan the campaigning was even worse and he never expected NOVEMBER 15 2005 PAGE 11 CITY COUNCIL 10. that when he came to America it would be so bad. A small group has tried to maintain control at any cost and although it is very likely those individuals could be traced no one will admit that they are associated with the small group. During the past eight years he has tried to say that the people should run D.B. Each one of the candidates received a large percentage of the vote and the Council Members should be concentrating on what is in the best interest of the people instead of being in control. In his opinion, people should put their personal agenda aside, run on their merits and try not to be too controlling. Thanksgiving is coming up and everyone should appreciate all that they have — friends, family, community, etc. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the regular City Council meeting at 8:37 p.m. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this WEN CHANG, MAYOR day of 2005. Agenda No. 6.2.1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 11, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Joe McManus; Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee and Tony Torng. Commissioner Dan Nolan was excused. Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Acting City Attorney; Ann Lungu, Associate Planner; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 27, 2005. VC/Low moved, C/Torng seconded to approve the Regular Meeting Minutes for September 27, 2005, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 5. OLD BUSINESS: None 6. NEW BUSINESS: None VC/Low, Torng, Lee, Chair/McManus None Nolan OCTOBER 11, 2005 PUBLIC HEARING(S): PAGE 2 PLANNING COMMISSION 7.1 DEVELOPMENT REVIEW 2005-24 MINOR CONDITIONAL USE PERMIT NO. 2005-14 and TREE PERMIT NO. 2005-08 - In accordance with Development Code Sections 22.56, 22.68 and 22.38, this was a request to construct an addition of approximately 3,080 square feet of habitable space, deck/balcony and two car garage to an existing single-family residence of approximately 3,446 square feetwith an existing three -car garage. The Minor Conditional Use Permit was related to existing legal non -conforming front setback and residence height, and the Tree Permit was related to the preservation/protection of oak trees. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 2606 Blaze Trail (Lot 154, Tract 30578) Diamond Bar, CA 91765 Mr. And Mrs. Tulsi Savani 2606 Blaze Trail Diamond Bar, CA 91765 Simon Shum S&W Development 20272 Carrey Road Walnut, CA 91789 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2005-24, Minor Conditional Use Permit No. 2005-14 and Tree Permit No. 2005-08, Findings of Fact, and conditions of approval as listed within the resolution. Simon Shum, Architect, thanked AssocP/Lungu for her thorough and complete report. Mr. Shum indicated to VC/Low that the applicant agreed that the residence would remain a single-family dwelling. Mr. Shum responded to C/Lee that the difference between a grade and finished grade is that the grade is the natural landscape and the finished grade is the adjusted grade to include the height of the retaining wall. OCTOBER 11, 2005 PAGE 3 PLANNING COMMISSION In response to Chair/McManus, Mr. Shum stated that the lower level would be a game/rumpus room. To VC/Low, Mr. Shum indicated that the lower level is considered by the City to be a second unit. However, the owner does not intend to use the lower level dwelling as a single unit. ICDD/Fong believed the applicant converted the existing basement area to useable space and there was no additional expansion intended by the applicant. Mr. Shum reiterated to C/Lee that he was not changing the grade and that the structure would be extended out only about 25 feet for the patio. Chair/McManus opened the public hearing Cecil McMillan, 2626 Blaze Trail, property owner south of the applicant, said he bought his house 30 years ago because of the oak trees and was very sensitive to their protection. He said he was assured that the oak trees would be protected and that even though they were not situated on his property they were in full view from his property. He commended the Commission for protecting the trees and said he was most concerned about erosion between the two properties. Chair/McManus closed the public hearing. C/Torng wanted to know if Mr. McMillan's concerns about the view of a blank wall were properly addressed. ICDD/Fong explained that that portion of the wall would contain stucco and rich looking stone veneer as well as landscaping. VC/Low moved, C/Lee seconded to approve Development Review No. 2005-24, Minor Conditional Use Permit No. 2005-14 and Tree Permit No. 2005-08, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Low, Lee, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan OCTOBER 11, 2005 PAGE 4 PLANNING COMMISSION 8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee wished that the Commission had more items to consider for better use of time. He thanked staff for their comprehensive reports. C/Torng said he was looking forward to hearing the Country Hills Town Center proposal. Chair/McManus reported that Congressman Miller spoke at the Rotary Club meeting this morning and the discussion included mixed use and form -based codes. Congressman Miller felt that the form -based code would save energy and be a good idea for the City to consider. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: TCDD/Fong stated that staff scheduled a form -based code study session with the City Council for October 18. After the Council has digested the information staff may schedule a joint study session with the City Council and Planning Commission for further discussion. Also, on October 18 staff intends to discuss with the Council the use of Palm trees for shopping centers because both Target and the Country Hills Town Center have proposed the use of Palm trees. ICDD/Fong indicated to VC/Low that she was working on the "art in public places" concept. Staff is talking with JCC Development about their South Pointe project and about the deal points in the development agreement. VC/Low suggested that the ,.art in public places" and palm trees discussion could be bundled together. TCDD/Fong agreed it was a good opportunity because the City was talking about beautifying its major boulevards. 9.1 Public Hearing dates for future projects. 9.2 Status of approved projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. OCTOBER 11, 2005 PAGE 5 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 7:40 p.m. Respectfully S Nancy Fong Interim Corr Attest: Director Agenda No. 6.2.2 MINUTES OF THE CITY OF DIAMOND BAR STUDY SESSION OF THE PLANNING COMMISSION OCTOBER 25, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 5:38 p.m. Room CC -2 of the South Coast Air Quality Management District/Government Center Building, 21865 Copley Drive, Diamond Bar, California 91765. ROLL CALL: Present: Chairman Joe McManus; Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner; David Alvarez, Planning Intern; and Stella Marquez, Senior Administrative Assistant A. Information Regarding the Country Hills Towne Center project TCDD/Fong presented staffs report. She pointed out that the requested zone change is consistent with the City's General Plan and the design for the project requires a Conditional Use Permit and Development Review. In addition, the applicant requested a Variance to deviate on the building heights in order to obtain better visibility from the Diamond Bar Boulevard street grade. Chair/McManus and VC/Low pointed out that that the majority of the proposed businesses are food related (95,000 square feet) and the retail is 50,000 square feet. Without the market the food related businesses total more than 50 percent of the entire area. C/Nolan asked who would pay the difference between the actual cost of $1.4 million in improvements and the $79,000 fair -share contribution and ICCD/Fong responded that other area developments would pay for the difference to mitigate the several intersections named in the report. There are no out-of-pocket expenses for the City with respect to this project. In fact, the total amount covers ultimate development to the year 2016 for the six intersections. C/Nolan asked why there was so much fascination with having a grocery store in the center because two of the nation's largest retailers failed in that location and there had been no grocery store in that location for six plus years. He said he also noticed that residents were managing to find a way to purchase groceries and that according to the parking study that the grocery store would use about a third of the total parking spaces. He wondered if the development company had considered an alternate use for the space and asked if all of the retail spaces were filled with OCTOBER 25, 2005 PAGE 2 PLANNING COMMISSION STUDY SESSION (a tenants? ICCD/Fong explained that shopping centers need major anchors to attract shoppers and that the ancillary retail businesses supplement and compliment that major anchor. Chair/McManus asked the applicant to make a presentation and comment on the types of businesses and how the parking was contemplated. VC/Low felt it was important to know if the particular mix of food and retail was good for the City because the City needed retail and food was somewhat limited. C/Nolan said he interpreted mixed use to include living space. C/Nolan asked if the proposed anchor tenant was a certainty and wanted to know if that tenant had experience in the grocery business other than as distributor. TCDD/Fong responded that the applicant was working with a prospective tenant that had 15 or 16 stores and was currently in the business of owning and operating grocery stores. C/Lee asked for a more detailed explanation of the required and shared parking and the difference in numbers. ICDD/Fong responded that the center was required to have 1078 parking spaces and had only 1012 spaces so it appeared that the center was short the required number of parking spaces. However, the City's Development Code allows the center to conduct a shared parking study to meet the required number of parking spaces so the 1004 and 1012 numbers are correct. The 1004 number is the number of parking spaces needed at peak time for the highest use (1:00 p.m.) and the center meets the peak demand because it has 1012 parking spaces. it is common for a mixed-use shopping center to share parking spaces. C/Torng said he too was uncomfortable with the number of restaurants proposed for the center. Secondly, he was concerned about the proposed height and wanted to know what kind of signage would be placed on the tower. He felt that the median helped to mitigate the massiveness of the entry driveway. He also believed that the center should provide a left -turn signal out onto Cold Spring Lane at Diamond Bar Boulevard. He felt that the main entry was too large and had too many lanes. TCDD/Fong said staff agreed about the entry and the applicant modified the design with a wide landscaped area and waterfeature to narrowthe entry leaving two lanes for ingress and two lanes for egress. With respect to the tower for the fast food restaurant (Building #17), the height was anticipated to be within the 35 -foot height requirement. The 49 -foot towers are proposed forthe main buildings that sit 20 feet below grade. TCDD/Fong indicated to C/Nolan that the residences on the west side were more than 200 feet away from the main buildings. The residents would have a view of the OCTOBER 25, 2005 PAGE 3 PLANNING COMMISSION STUDY SESSION fencing adjacent to the channel and then the backside of the building. Generally, the residences are at the same elevation as the main buildings. The medical building is 54 feet high at the peak of the parapet and onlythe third story of that building would be viewed from Diamond Bar Boulevard. Chair/McManus was concerned about pedestrian traffic and the lack of pedestrian walkways from one area to other areas of the center. VC/Low agreed. C/Nolan asked if staff was aware of how much sales tax the center would generate if it were built out as proposed and ICDD/Fong responded "no." She agreed that in general grocery stores were low sales tax revenue generators and in general, retail was the best sales tax revenue generator. C/Lee pointed out that there was a discrepancy in the number of parking spaces in the report and ICDD/Fong responded that it was a typing error and that 1003 was correct. C/Lee also felt there were too many restaurants and fast food business proposed for the center and wanted to know how many food retailers were proposed. ICDD/Fong explained that the demarcation lines did not necessarily project that there would be five restaurants in one location for example. If the developer found one tenant to occupy the entire 5000 feet of designated restaurant space it could mean one restaurant instead of five. Or, it could be divided into four smaller restaurants such as Subway, donut shop, etc. VC/Low felt the traffic study neglected the Brea Canyon/Golden Springs and Brea Canyon/Fountain Springs intersections. She was also concerned about whetherthe high school peak hourtraffic was taken into consideration. ICDD/Fong said that the City was implementing traffic mitigation measures along the two streets mentioned that would most likely discourage short trips and cut through. Tom Smith, Environmental Consultant, referred the Commissioners to page 15. The Table indicates that the distribution of traffic on those two streets is quite minimal. Most of the vehicles going to the shopping center will come from Diamond Bar Boulevard. C/Torng said he was told there would be an Asian market at the Center. ICDD/Fong said that the developer was precluded from limiting what types of businesses could locate in the shopping center. Michael McCarthy, applicant, stated that he purchased the property two years ago. As an investor he looks for failed shopping centers where past development failed to capitalize on demographics and other factors that would control the destiny of a particular shopping center. He gave a brief history of the shopping center and said that it suffered as a result of the market closing, a lack of density in the immediate trade area and because it was situated below grade. He pointed out that it is a OCTOBER 25, 2005 PAGE 4 PLANNING COMMISSION STUDY SESSION mistake for developers to design a shopping center based on what they might like while ignoring what the community and the neighbors in the demographic profile will support. In this case he spent more than a year on the project attempting to match the center with big box users, destination locations, regional players and national tenants, all of which turned the site down. After about a year he began looking more closely at the demographic base as being 55-60 percent Asian population and at that point he began to get strong interest in the shopping center. As a result, he focused his attention on anchoring the shopping center with an Asian market. Although he has not yet signed a market there are two potential tenants looking at the space. In addition, once the focus was centered on an Asian anchor market he began receiving proposals for the balance of the space, many of which were for food use. This concept is about bringing the neighborhood back into the neighborhood center. He felt that the interest in an Asian market and a variety of food centers would not prevail unless business owners felt they could survive and create synergy within the center. In keeping with ICDD/Fong's vision of the center, he decided to match the architecture with the average household income of residents living in "The Country Estates" because the center would then draw the higher income households as well as the lower income households in the surrounding area. In addition, the center would pull from other areas such as Puente Hills and Rowland Heights. Chair/McManus said the proposal resembled the center at Calabasas and he liked the fact that Calabasas had a 12-15 foot wide sidewalk with trees and park benches and that the center allowed vendors to set up carts on the weekends. Calabasas has a lot more retail but the concept is the same and it is a very user-friendly center. Mr. McCarthy agreed that if an environment were inviting the shoppers would come. Mr. McCarthy responded to C/Nolan that the closest project was the Phillips Ranch shopping center that he purchased in 2001. The center was in worse shape than the Country Hills Towne Center due to deferred maintenance and 50 percent occupancy. Today the center is about 90 percent complete and the total lease area is 124,000 square feet. Some of the old tenants moved into new spaces. Others could not afford the rent and moved to other shopping centers. On average the shop spaces rent for between $1.75 and $2.25 per square foot. He spoke about other projects. C/Nolan asked what grade Mr. McCarthywould give the Country Hills Towne Center and. Mr. McCarthy responded that compared to Pomona Ranch the bones of the Country Hills Towne Center are stronger and that the general maintenance and structure are okay to a C+ or B- rating. The difficult part is that the center rests on a lower grade and the issue is how to get around that fact by increasing visibility. OCTOBER 25, 2005 PAGE 5 PLANNING COMMISSION STUDY SESSION Signage on Diamond Bar Boulevard is important and he said he would be coming back to the Planning Commission with a sign program. Studies indicate the community's need for a medical office building. The focus has been to obtain the City's entitlements and approval for the vision of the retail with the office building being secondary to the anchor tenant. The plan is for Phase I to include the market with the storefront colony extending across the center. Phase 11 would include the two-story walkup and dovetail into the medical building shortly thereafter. VC/Low asked Mr. McCarthy how much he expected the renovations to cost and how much of it is the developers own money and how much is capital he expects to obtain. Mr. McCarthy responded that the project is fully capitalized and expected it would take another $12 million to complete going forward from the present time. C/Torng asked if Mr. McCarthy expected to complete the project by December 2006 and Mr. McCarthy said he would like to break ground in January 2006. Mr. McCarthy responded to VC/Low that they were close to signing the anchor market and the focus had been on that aspect of the project. At that point the rest of the shopping center would come into line and the development of the anchor would proceed. VC/Low said she was concerned that so much of the space (two-thirds) was dedicated to food and wanted to know why that aspect would lend itself to making the center a community town center. What about the design makes it a community town center? Mr. McCarthy felt that the medical office and AAA would help balance the remainder of the center and stated that the entire centerwas about 225,000 square feet and food uses were about 54,000 square feet so the food portion was less than 25 percent of the overall space. VC/Low felt that that too many food spaces may result in a fall out. She asked if Mr. McCarthy had a plan for 25% food, 25% retail, etc., or was it a "free for all" concept according to the interest. Mr. McCarthy felt that his concept would work because he intended to pick from the highest quality restaurants according to types of food and that he had no intention of duplicating the types of foods - he intends to have one pizza parlor, one Chinese food restaurant, one Sushi bar, etc. TCDD/Fong said that staff was working with the applicant on several conditions of approval and since those items had not yet been completed staff would seek a continuance of tonight's public hearing to November 8. Chair/McManus said that the City could request certain things of the applicant but could not restrain trade to any great extent. Having a long history with small businesses, many fail. However, he was certain the applicant would do everything possible to make sure the center was successful. Agenda No. 6.2.3 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 25, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Low led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Joe McManus; Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner; David Alvarez, Planning Intern; and Stella Marquez, Senior Administrative Assistant 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Ian Stewart, 20755 Northampton Street, said that his house was built in 1963. He wanted to build a garage/shop in the backyard area and if he were to meet the City's requirements the building would be about 10 feet from the back of his house leaving 20 feet behind the building to the property line. Since in his opinion a building in that location would not be functional and a poor use of his land he wanted to know if he had any options for placing the building in another location. ICDD/Fong recommended that Mr. Stewart visit the Planning Department at City Hall to discuss the matter. If Mr. Stewart wanted to deviate from the code he would need to apply for a variance and the matter would then come before the Planning Commission. Mr. Stewart said he was told by the City's Planning Department that a variance would not necessarily apply to his situation because the statute does not limit him from building the addition - it merely causes him to place the building in what he considers an inappropriate location. AssocP/Lungu said she spoke with Mr. Stewart and was told he wanted to build a workshop in his backyard. The code requires that the workshop meet the same setbacks as the residence which means that the workshop needs to be 20 feet from OCTOBER 25, 2005 PAGE 2 PLANNING COMMISSION 3. C!A E.1 the rear yard line and maintain the five and 10 -foot setback in accordance with the residential structure and not exceed the 40 percent lot coverage. If Mr. Stewart wishes to place the shop in a different location he must apply for a variance through the Planning Department to be reviewed by the Planning Commission would have to make the findings that related to something unusual about his lot that would cause him to not be able to meet the code rather than claiming a self-imposed hardship. Mr. Stewart said he would bring a site plan back to the Planning Department to determine whether a variance would be possible. APPROVAL OF AGENDA: As Presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of October 11, 2005 C/Torng asked that his comments (third paragraph on page 3) be moved to afterthe close of the public hearing. C/Torng moved, V/C Low seconded to approve the Regular Meeting Minutes for October 11, 2005, as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: OLD BUSINESS: Torng, VC/Low, Lee, Chair/McManus None Nolan None 5.1 Planning Commission Policy and Procedures Manual VC/Low asked if staff could provide a copy of the manual with the old text stricken and the new text underlined. TCDD/Fong responded affirmatively. C/Torng believed that his proposed changes were completed. C/Nolan pointed out that pages 23 and 24 have bullet points that were underlined which would indicate to him thatthe changes were made. VC/Low said she did not want to assume that. Chair/McManus asked that page 16 be revised to rephrase the section regarding motions on amendments to make it clearer. He felt it would be a OCTOBER 25, 2005 PAGE 3 PLANNING COMMISSION good idea for new Commissioners to get together with staff to go over the items in the manual. C/Nolan moved, VC/Low seconded to continue review and discussion of the Planning Commission Policy and Procedures Manual to November 8, 2005. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: PUBLIC HEARING(S): None Nolan, VC/Low, Lee, Torng Chair/McManus None None 7.1 ZONE CHANGE NO 2004-1 CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 - In accordance with chapter 22 of the City of Diamond Bar Development Code, the applicant requested the following approval: A zone change from Neighborhood Commercial (C-1) to Community Commercial (C-2) District consistent with the General Plan Commercial designation; a Conditional Use Permit and a Development Review for the renovation of the fagade of the existing shopping center totaling 221,083 square feet; and a Variance to increase the building height for the proposed three story office/medical office building from 35. feet to 40 feet. The proposed renovations include the existing 45,031 square feet of existing in-line shop buildings or retail and restaurant uses with outdoor dining area, a new 49,100 square foot three story office/medical office building and a new 6,800 square foot two story office/retail building. PROJECT ADDRESS: Diamond Bar Boulevard between the northwest corner of Cold Springs Lane and the southwest corner of Fountain Springs Road (Country Hills Towne Center), Diamond Bar, CA 91765 PROPERTY OWNER/ MCC Realty Management APPLICANT: 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 OCTOBER 25, 2005 PAGE 4 PLANNING COMMISSION ICDD/Fong recommended that the Planning Commission open the public hearing, receive testimony and continue the matter to November 8, 2005. Chair/McManus opened the public hearing. Robert Troxel, 2732 Castle Rock Road, said he has lived in the area for 40 plus years and his home is situated directly behind Rite-Aid. On two previous occasions he attempted to have the previous property owner plant trees behind the center's parking lot. He also felt Rite-Aid should move their trash receptacles to the side of the building instead of over the fence from his property because the trash receptacles were rat infested. He said he had assurance from the previous ownerthat the air-conditioning units, vent pipes, etc., on top of the buildings would be covered with barriers. He asked the City to include the following in their approval: Plant trees of the same variety that exist behind the theater in the rear access area behind the existing buildings next to the existing fence adjacent to the flood control channel; provide barriers to conceal air-conditioning, vent pipes and other items on the roofs of the original existing buildings; request Rite-Aid to place their trash receptacles on the side of the building rather than against the fence. Rita Myer, 2634 Crooked Creek Drive (north of the theater) has lived in her home for 30 years. She noticed that the center had deteriorated over time especially after losing the grocery store. During the past two years the City has lost the one-hour photo, Subway, The Game Store, Hello Kitty store and the movie theater. Craig Cox, 2615 Rising Star said he was concerned about tonight's hearing because he agreed with the past two speakers. He wanted to know what the new owner intended to do and how he intended to fill the spaces and if the Planning Commission knew what businesses would be located in the center. Chair/McManus explained that the center has a new owner who is in the process of upgrading the center. The new owner presented plans to the Planning Commission tonight during the study session prior to this regular meeting. The owner is spending a lot of money to upgrade the center and has a vested interest in making sure the buildings are filled with tenants. Trushar Patel said his wife is an optometrist and has been at the center since it opened. If the Commission does not approve the plan for rehabilitation the OCTOBER 25, 2005 PAGE 5 PLANNING COMMISSION office will close and move to another location because the center is a ghost center. He said he would really like to see the City approve the plans the new owner has proposed. Lopez Espinosa said he has lived in Diamond Bar for 43 years and lives a block west of the shopping center. The last thing he wants to see when he exits his home is a three-story building. The center needs to be remodeled but a three-story level is not good for his front yard. Dr. Doshi wanted to locate at the center in order to have visibility from the street. When he first moved into the center there was a Ralph's Market and many other businesses including the theater. He said he was very concerned about the center because it affects his livelihood. In spite of many businesses leaving the center he has survived and thrived. He felt there were too many food courts proposed because in the past food businesses have failed in the center. A medical building sounds good but there are already too many empty medical offices in north Diamond Bar. Cecilia Camada said she had watched the center deteriorate to the point that it was no longer a center. As a resident she would like to see a grocery store, a Hallmark shop with a post office and a retail store where she can purchase a gift. She would not like to see a two -or three-story building in the center because she felt the area was too small to house that type of a building. She felt the owner should do something to fix the center but at the same time she believed he needed to survey the residents in the area to learn what types of businesses they would like to have at the center. Sonya Robinson has owned GNC for 12 years and has had her business at the center for that entire time. She was happy to move to the center but the day Ralph's left the center is the day the center began deteriorating and slowly it has "gone to the dogs." It is very difficult to continue paying rent and although she would like to hold on she may have to move to another area because she is not getting any answers about when the new owner is going to help the tenants. Tom Snyder, 2629 Rising Star, asked if there were plans available for public viewing. TCDD/Fong responded that plans were available for public viewing at City Hall and at the Diamond Bar Library. Mr. Snyder said he was concerned about where the three-story medical building would be built. ICDD/Fong pointed out the proposed location of the three-story building close to the childcare area using an overhead site plan. Mr. Snyderasked ifthe residents OCTOBER 25, 2005 PAGE 6 PLANNING COMMISSION would be notified about what businesses would be locating at the center. Chair/McManus explained that the City recommends what types of businesses go into a center but cannot restrict certain uses. The owner is putting more than $12 million dollars into rehabilitating this center and has a vested interest in making sure that it is successful. Roger Myer, 2634 Crooked Creek Drive asked how long it would take to complete the rehabilitation once the Planning Commission approved the plans. Chair/McManus responded that the owner of the center would like to get started as quickly as possible and possibly by January 2006 because the center was not currently generating any income. The reconstruction will be done first and future build -out will be done in phases a ler the rehab is completed. Mr. Myer wanted to know if the center ingress/egress would be impaired during construction and TCDD/Fong indicated that the current entry to the center would remain available. Richard Ortiz was also concerned about a three-story building and how it would affect the views of the neighboring residents on Cold Springs. He said he would rather have a three-story building on Diamond Bar Boulevard. Luna Chu, 2953 Rising Star Drive, said she did not believe a three story building was appropriate to back up to a pre-school and in the vicinity of the elementary school on Castle Rock near Evergreen because she feared there would be additional traffic on Cold Springs Lane that would create a safety hazard for the children. She was also concerned that there would not be enough people using the center even. after it was built out. She goes to Brea or Chino Hills to shop because there are no places to shop in Diamond Bar and Diamond Bar is like a dead city, a pass through city to go somewhere else. She would prefer to have tenants commit to leasing space before the center was refurbished and more buildings were built. Chair/McManus commented thatthe City and the new ownerwere certainly hopeful that there would be increased traffic once the center was refurbished and that traffic mitigation was the primary concern of City staff. Michael McCarthy, applicant, requested the matter be continued to November 8, 2005. Chair/McManus continued the public hearing to November 8, 2005 OCTOBER 25, 2005 PAGE 7 PLANNING COMMISSION 8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng said that as a resident and Commissioner he would seriously evaluate the proposed Country Hills Towne Center project. C/Nolan felt the Country Hills Towne Center project was a major concern for Diamond Bar and that the Commission would do its due diligence to put together a recommendation to the City Council that was easily understood and would move forward. This is an opportunity for the City to revitalize the area and he hoped that the new ownerwould listen to his constituents' needs and wants, and move forward in a good business sense. C/Lee felt that all of the Commissioners were grateful to Mr. McCarthy for his decision to rejuvenate the Country Hills Towne Center. He hoped that the questions and comments put forth by the residents would not discourage Mr. McCarthy from his mission. He said that Mr. McCarthy intends to spend a great deal of money to accomplish his goals and in his opinion, if the City could expedite the approval it would be good for Mr. McCarthy and for the community. Based on his subjective experience C/Lee felt that at least 3,000 people per day would visit the center and take advantage of the food businesses and that they would naturally take advantage of other businesses within the center. VC/Low agreed with C/Nolan that the concerns are voiced because everyone wants to see a good project for the benefit of the developer and the community. She hoped that staff, the Commission and the property owner could work together to move the project forward in a timely fashion. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: ICDD/Fong stated that prior to the meeting she handed out flyers dealing with the November 3 Emergency Response and Narrow Streets Workshop. Dan Burton will talk about how to improve the walkability of the community. She encouraged the Commissioners to attend the discussion because the information pertains to the form -based code currently under consideration. Staff will provide meeting handouts for those who are unable to attend. ICDD/Fong reported that on October 18 the City Council received a brief report on the form -based code during their study session and the Council would like to schedule a joint meeting to review and discuss the form -based code. ICDD/Fong stated that the City Council also discussed the use of palm trees in the Target and Country Hills Towne Center shopping centers and the City Council directed staff to OCTOBER 25, 2005 1 PAGE 8 PLANNING COMMISSION compose language that would allow for limited use of palm trees as long as they were grouped together with other types of shade trees. ICDD/Fong confirmed the Commission's intent to forward a recommendation to the City Council to create a program for art in pubic places. TCDD/Fong said she would acquire information from other cities on their programs and place the item on the January agenda for discussion and possible action. Chair/McManus believed that some developers would voluntarily place art in their centers if it were mentioned to them during the approval process. VC/Law congratulated ICDD/Fong on the new look of Von's. Shopping %enter. Chair/McManus reiterated his recommendation for new Commissioners to meetwith staff to discuss the Commissioner's Policy and Procedures Manual. 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 8:15 p.m. Respectfully Submitted, Interim CoMmunity Development Director Attest: CITY OF DIAMOND BAR Agenda No. 6.3 MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 Copley Drive OCTOBER 27, 2005 CALL TO ORDER: Acting Chairman Ling -Ling Chang called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the SCAQMD/Government Center Building Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Owens led the Pledge of Allegiance. ROLL CALL: Present: Acting Chairman Ling -Ling Chang and Commissioners Benny Liang and Ted Owens. Staff Present: Bob Rose, Director of Community Services; Nancy Fong, Interim Community Development Director; Bryan Petroff; Parks and Maintenance Supervisor—DB Center; Sara West, Recreation Superintendent; Alison Meyers, Recreation Specialist and Marisa Somenzi, Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As Listed in the Agenda and reported by CSD/Rose. CONSENT CALENDAR 1.1 Approval of Minutes of September 22, 2005 Regular Meeting. C/Owens moved, C/Liang seconded to approve the Minutes of the Regular Meeting of September 22, 2005. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: 2. INFORMATIONAL ITEMS 2.1 Recreation Program Report — RS/West Liang, Owens None Chang VC/Grundy, Chair/Lyons CSD/Rose responded to C/Owens that the basis for the City's fee-based system is that the City is 100 percent reimbursed for the direct costs of its programs. OCTOBER 27, 2005 PAGE 2 P&R COMMISSION 2.2 Diamond Bar Community Foundation Oral Report — C/Chang reported that the Foundation was looking forward to its fundraising dinner at the Diamond Bar Center and that the Foundation hired a part time staff person to take care of administrative matters. 2.3 Library Task Force Oral Report — no report. 2.4 Youth Master Plan Oral Report — RS/Meyers reported that the first Youth Master Plan collaborative meeting was held on October 17 with 19 people present. Many more are expected to attend the next meeting scheduled for November 14 at 4:00 p.m. that was scheduled to include high school students. The intent of the November 14 meeting is to determine what the collaborative model should like and what the youth development model should look like. The project is moving forward as planned. 2.5 Parks Report— PMS/Jordan reported that the majority of the punch list items for the October walk-thru for Heritage, Maple Hill, Ronald Reagan and Pantera parks were completed. 2.6 CIP Program Report — CSD/Rose a. Trail and Trail Head Development at Sycamore Canyon Park — Under Construction to be completed by the end of November 2005. b. Picnic Shelters at Pantera Park — to be completed by end of November. c. Sycamore Canyon Park ADA Retrofit — Phase III — Plans and Specifications due by November 21 and construction slated to begin early spring with completion in time for Concerts in the Park 2006 series. d. Lorbeer Ball Field — Artificial Turf/Restrooms — Staff spoke with Little League to determine their interest in working with the City to include ball field lighting. AC/Chang said she attended the school board election debates. When she asked if candidates would support artificial turf current members responded that it was not fair if one field looked different from other fields and she felt that based on the responses that the City should look into other alternatives. e. Larkstone Park Plan — Staff and C/Liang and C/Owens toured the project area. TCDD/Fong reported that the project was in the early planning stages. She provided the Commissioners with a conceptual plan showing the general area of the school and JCC's building site. Due to the hillside topography JCC will provide an EIR and propose to terrace the park. ICDD/Fong responded to AC/Chang that the project would most likely go before the Planning Commission for review in March/April 2006 for entitlement with construction commencing late 2006 or early 2007. f. Paul C. Grow Park ADA Retrofit— Contract for design awarded to Purkiss Rose -RSI. Staff met with the Quail Summit Elementary School principal who is very supportive of the project and asked that certain elements such as a shade structure and rubberized play surface be included in the project. The City intends to apply for a tire waste grant that would help with the resurfacing of the tot lot and could also be used for the ADA Retrofit at Sycamore Canyon Park. OCTOBER 27, 2005 PAGE 3 P&R COMMISSION g. Design of Restroom/Storage Building at Pantera Park — Staff is recommending award of contract to RJM Design Group on November 1. h. Design of Trail Access Points —Group Delta is doing the engineering for the two trail access points. OLD BUSINESS: None 4. NEW BUSINESS: 4.2 Review of Ordinance No. 08-2005 allowing the use of non -motorized scooters in the Peterson Park Skate Park. CSD/Rose presented staff's report and confirmed staff's recommendation that the Parks and Recreation Commission recommend that the City Council allow non -motorized scooter use in the skate park on a permanent basis. Eric Loree believed the program was working well because no one had made a derogatory remark and the razor users were not getting in the way of the skateboarders and visa versa. John Radke said that most of his friends were skateboarders and that they were happy and proud that he and his friends were able to use their razors at the skate park. C/Owens moved, C/Liang seconded, to recommend that the City Council allow use of non -motorized scooters in Peterson Park's skate park on a permanent basis. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Liang, Owens, AC/Chang NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Grundy, Chair/Lyons 4.1 Consideration of new fencing at Pantera Park to block illegal access of private vehicles onto athletic fields. CSD/Rose presented staff's report and indicated that staff was recommending that the Parks and Recreation Commission forward a recommendation for City Council's approval to install a two -rail white vinyl fence with maintenance gate at Pantera Park to prevent unauthorized vehicles from driving onto the park fields. CSD/Rose responded to C/Owens that the City would spend about $15,000 a year to mitigate the ruts. In this instance, staff is also concerned with aesthetics for this newer showcase park. C/Owens said he believed the vinyl fencing was much more aesthetically pleasing than chain link fencing and that it would enhance the park. C/Owens moved, C/Liang seconded, to recommend City Council approval of installation of 'two -rail white vinyl fencing at Pantera Park to keep OCTOBER 27, 2005 PAGE 4 P&R COMMISSION unauthorized vehicles off of the fi Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Motion carried by the following Roll Liang, Owens, AC/Chang None VC/Grundy, Chair/Lyons 4.3 Presentation of Recreation Trails Program — CSD/Rose gave a Power Point presentation. 5. ANNOUNCEMENTS: None Offered. ADJOURNMENT: Upon motion by C/Liang, seconded by C/Owens and with no further business before the Parks & Recreation Commission, AC/Chang adjourned the meeting at 8:18 p.m. Respectfully Submitted, Bob Rose, Secretary Attest: Ling -Ling Chang, Acting Chairman CITY COUNCIL Agenda # 6, 4 Meeting Date: December 6, 2005 AGENDA REPORT TO: Honorable Mayor and Members ofj�e City Council VIA: Linda C. Lowry, City Manager !tr 1 TITLE: Ratification of Check Register dated November 11, 2005 through December 1, 2005 •uu_►�' • Ratify Check Register containing checks dated November 11, 2005 through December 1, 2005 totaling $914,172.01. FINANCIAL IMPACT: Expenditure of $914,172.01 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated November 11, 2005 through December 1, 2005 for $914,172.01 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: r - r 12�246 I Finance irector Assistant Ci Manager Attachments: Affidavit and Check Register -11/11/05 through 12/01/05 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listing of demands, invoices, and claims in the form of a check register including checks dated November 11, 2005 through December 1, 2005 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Fund # Description Amount 001 General Fund $728,174.85 011 Community Organization Support Fund $500.00 112 Prop A - Transit Fund 34,090.73 115 Int. Waste Mgt Fund 22,579.21 118 AB2766 - AQMD Fund 2,314.76 125 CDBG Fund 6,691.59 126 Citizen's Option for Public Safety Fund 75.00 138 LLAD #38 Fund 25,020.86 139 LLAD #39 Fund 18,687.46 141 LLAD #41 Fund 12,171.07 250 Capital Improvement Project Fund 63,866.48 $914,172.01 Signed: s lJ e/YF�cllve✓ Lind G. 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H .4a H HO r r p ~�H y ry5n7 roH (] o HH wuoi x r 0'j H dH O H z OiR H ni � o NNH rn❑ H I N n rt H prt� p n 1 N n I � qOq N rt H H I (D H tr 4Zj I fD I rt E I (D I N p [2I to O O x O o p7 z � n I r x i r r r n H I o H H H o U3 o b10 i o ry] h] o i tj o H H HH d o t y�y CCNt � ? e a mm HN Ho O in z r M N r I O I O I O I O d [q O O 0 n z o H - ro H H O z ro m 0 0 �ro yHy 0 o DC cH H razzzz N r � � r r o -i r r N N O O O N r r N CITY COUNCIL 1`�coarcer{ev j389 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager 4" `�C� TITLE: Treasurer's Statement — October, 2005 RECOMMENDATION: Approve the October 2005, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # Meeting Date: 6.5 Dec. 6, 2005 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Linda G. Magnuson, Finance Director DepartrfieUt Head Deputy City Manager Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT October 31, 2005 SUMMARY OF CASH DEMAND DEPOSITS: GENERAL ACCOUNT BEGINNING PAYROLL ACCOUNT TRANSFERS : ENDMG 1. ,. _ BALANCE _,RECEIPTS < DISBURSEMENTS- IN(OUT)>BALANCE:�� ($833,075.65) GENERAL FUND $25,991,738.61 $1,092,507.55 $1,522,794.88 $25,561,451.28 LIBRARY SERVICES FUND 0.00 1,000,000.00 FED FARM CREDIT NOTE - 2.5 yr 0.00 COMMUNITY ORG SUPPORT FD (1,600.00) CASH WITH FISCAL AGENT: US TREASURY Money Market Account 1,239.68 (2,839.68) GAS TAX FUND 676,165.40 76,851.49 TOTAL INVESTMENTS 753,016.89 TRANSIT TX (PROP A) FD 1,165,737.91 32,422.86 222,278.52 975,882.25 TRANSIT TX (PROP C) FD 1,363,688.86 9,352.60 1,373,041.46 ISTEA Fund 0.00 0.00 INTEGRATED WASTE MGT FD 534,717.22 50,733.18 11,372.23 574,078.17 AB2928-TR CONGESTION RELIEF FD 0.00 74,336.99 74,336.99 AIR QUALITY IMPRVMNT FD 98,609.79 1,178.85 4,157.28 95,631.36 PROP A- SAFE PARKS ACT FUND (2,016.41) (2,016.41) PARK & FACILITIES DEVEL. FD 1,900,300.06 14,847.55 1,915,147.61 COM DEV BLOCK GRANT FD (6,999.45) 3,937.50 (10,936.95) CITIZENS OPT -PUBLIC SAFETY FD 201,232.55 101,492.25 302,724.80 NARCOTICS ASSET SEIZURE FD 319,845.31 2,499.04 322,344.35 CA LAW ENFORCEMENT EQUIP PRGt 72,387.56 565.58 72,953.14 LANDSCAPE DIST #38 FD 390,221.28 3,413.45 25,635.92 367,998.81 LANDSCAPE DIST #39 FD 184,489.63 1,770.21 19,347.34 166,912.50 LANDSCAPE DIST #41 FD 349,786.14 2,929.97 11,382.23 341,333.88 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (1,577,048.62) 1,054,872.18 (2,631,920.80) SELF INSURANCE FUND 1,349,525.43 10,746.66 1,360,272.09 EQUIPMENT REPLACEMENT FUND 230,527.72 1,801.17 32,035.18 200,293.71 COMPUTER REPLACEMENT FUND 31,438.45 245.64 31,684.09 PUBLIC FINANCING AUTHORITY FUNI 213,875.44 50 971.73 29,419.05 235,428.12 TOTALS $33,486,622.88 $1 528 666 77 $2,938,471.99 0.00 $32 076,817.66 SUMMARY OF CASH DEMAND DEPOSITS: GENERAL ACCOUNT ($844,809.26) PAYROLL ACCOUNT 10,983.61 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($833,075.65) INVESTMENTS: US TREASURY Money Market Acct. $1,085.22 LOCAL AGENCY INVESTMENT FD 28,673,379.97 FED HOME LOAN BANK NOTE - 2.0 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 1.0 yr 1,000,000.00 FED FARM CREDIT NOTE - 2.5 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 1.5 yr 1,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 82,179.62 LOCAL AGENCY INVESTMENT FD 153,248.50 (Bond Proceeds Account) TOTAL INVESTMENTS 32,909,893.31 ; TOTAL CASH $32,076,817.66 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimat expenditures. ..C-, Linda C. Lowry, Treasurer A W N li v CD (D D 0 C 0 O O 0 A V 0 C O M (D ((D 0 N (D m p CD O NCD c CD (D aCD _ (D N N N W 7 CL N 00 O 03O N 00 CDCD N (Q w r A A A A W Wzo N W 0 0 0 o W O W W 0 0 o a e o 0 0 A A A A w W N W 0 UOi (Nle N � O N N 0 0 0 W O W W 0 0 0 o a o 0 0 5 C_ O M D n 3o N c N D) C (D » J ;a 0 CD n N N O' N W D Q CD a Q 2 m O -1 0 S � m O --I0 � T 0-43 T 0 oz CT � ❑ 0 W 0O 'oA 0 A V A N O w w m o m o w r A A A A W Wzo N W 0 0 0 o W O W W 0 0 o a e o 0 0 A A A A w W N W 0 UOi (Nle N � O N N 0 0 0 W O W W 0 0 0 o a o 0 0 5 C_ O M D n 3o N c N D) C (D » J ;a 0 CD n N N O' N W D Q CD a Q 2 m O -1 0 S � m O --I0 � T 0-43 T 0 oz CT � ❑ 0 W 0O 'oA 0 CITY COUNCIL Agenda # 6.6 Meeting Date: December 6, 2005 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING, APPROPRIATING, AND APPROVING THE SALE OF $300,000 OF PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF COMMERCE FOR GENERAL FUNDS. RECOMMENDATION: Approve Resolution, appropriate Prop A funds, and authorize the City Manager to execute the Prop A Fund Trade Agreement in the amount of $300,000. FINANCIAL IMPACT: The following depicts the calculations for the unallocated Prop A Fund balance in the current Fiscal Year 2005-2006: $ 917,533 Unallocated fund balance as of 6/30/05 $1,438,300 Budgeted Revenue for FY 2005-06 (1,221,490) Budgeted Expenditures for FY 2005-06 $1,134,343 Estimated Unallocated Prop A Fund Balance In determining whether the sale of Prop A Funds would not impair the current fund balance, the following is a listing of the revenues received from MTA since FY 1999- 2000: FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 $1,223,510 $1,293,062 $1,176,671 $1,307,687 $1,355,897 $1,444,330 $1,438,300 The fund balance is sufficiently large to justify reducing the balance by a sale of funds. Each year the revenue is more than ample enough to replenish the unallocated balance. The sale of Prop A Funds will result in increased revenues of $225,000 in the General Fund for the current FY 2005-06, which will ultimately result in an increase to the General Fund Reserves. BACKGROUND/DISCUSSION: Proposition A, the half -cent sales tax for transit, was approved by the voters in 1980. The revenues generated through this half -cent sales tax are intended to be used towards the development of transit related programs, which are administered by the Los Angeles County Metropolitan Transportation Authority (MTA). In administering the program, MTA distributed Local Return Funds directly to cities. The City must use its Local Return Funds within three (3) years from the date of receipt or the funds must be returned. Local Return Funds are designed to be spent solely on public transit projects. The City currently has an unallocated balance of $917,533 Proposition A Funds and has the option to exchange these funds with another local agency to assist in providing transit related services. The City of Commerce wishes to purchase $300,000 in Prop A funds at the exchange rate of $0.75 per each $1.00. According to the MTA, the current selling rate is approximately $0.67 to $0.70 per each $1.00. At the rate of $0.75, the City of Diamond Bar would receive $225,000 for the General Fund. Upon approval by both Councils, a check in the amount of $225,000 will be forwarded to Diamond Bar. The sale will permit the funds to be used for non -transit related purposes. In the past these funds were allocated by Council for the use of traffic management programs such as speed humps, SR 57/60 Feasibility Study, Illuminated Street Name Signs, Neighborhood Traffic Management Program, etc. , PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEWE DVI. David GrLiu Director of Public Works Attachments: Resolution No. 2005 -XX Fund Trade Agreement 2 RESOLUTION 2005= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING, APPROPRIATING, AND APPROVING THE SALE OF $300,000 OF PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF COMMERCE FOR GENERAL FUNDS WHEREAS, the City of Diamond Bar wishes to transfer $300,000 of its uncommitted Proposition A Local Return Transit Funds to the City of Commerce to provide ongoing operating funding and to improve the level, quality, safety, and/or accessibility of transit services to the general public or to any group which requires special transportation assistance; and WHEREAS, the City of Commerce has offered to assign $225,000 in General Funds to the City of Diamond Bar; and WHEREAS, the City Council of the City of Diamond Bar has determined that the transit needs of the City can be adequately met if this fund exchange is approved; and WHEREAS, the City of Diamond Bar plans to expend these funds to augment the City's capabilities in meeting the general public's needs and other City expenses. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby resolve as follows: SECTION 1. The exchange of $300,000 of Proposition A Local Return Funds in exchange for the assignment of $225,000 in General Funds is authorized and approved. SECTION 2. The City Manager is authorized to execute, on behalf of the City, any required documents to effectuate this exchange of funds. 1 SECTION 3. The City Clerk shall certify to the adoption of this Resolution and send certified copies to the City of Commerce. PASSED, APPROVED AND ADOPTED this 6th day of December, 2005. Mayor ATTEST: Linda C. Lowry, City Clerk I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of December, 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LINDA C. LOWRY, City Clerk City of Diamond Bar VA FUND TRADE AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND THE CITY OF COMMERCE, CALIFORNIA This Assignment Agreement is made and entered into this _ day of 2005, by and between the City of Diamond Bar (hereinafter CITY), California and the City of Commerce (hereinafter COMMERCE), California with respect to the following facts: A. COMMERCE proposes to provide ongoing operating funding providing fixed route, medi-ride, and recreation services to the resident of Commerce as well as provide for certain capital projects. Adequate Proposition A Local Return funding for such service is not available given the limited amount of Commerce's Local Return allocation. B. THE CITY, has uncommitted funding authority for its Fiscal Year 2005-06 allocation of Proposition "A" Local Return funds which could be made available to COMMERCE to assist in providing the services discussed in Paragraph A of this Agreement. In exchange for the assignment by COMMERCE of the amount of its general funds indicated in Section I below, the CITY is willing to assign uncommitted Proposition "A" Local Return funding to COMMERCE for the purpose identified in Paragraph A. Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows: 1. Exchange. The CITY agrees to assign $300,000 of its Fiscal Year 2005-06 Proposition "A" Local Return funding authority to COMMERCE. In return, COMMERCE agrees to assign $225,000 of its general funds to the CITY. Consideration. The CITY shall assign the agreed upon Proposition "A" Local Return funds to COMMERCE in one lump sum payment and COMMERCE shall assign the agreed upon general funds to the CITY in one lump sum payment. The lump sum payment shall be due and payable upon approval by the Los Angeles Metropolitan Transportation Authority (LAMTA) of the CITY'S project description covering the services discussed in Paragraph A. Term. This Agreement is effective on the date above written and for such time as is necessary for both parties to complete their mutual obligations under this agreement. 4. Termination. Termination of this Agreement may be made by either party before the date of approval of the project description covering the fund in question by the LAMTA so long as written Notice of Intent to terminate is given to the other party at least five (5) days prior to the termination. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified or by written notice upon such party by certified mail deposited in the custody of the United States Postal Service addressed as follows: City of.Diamond Bar 21825 Copley Drive Diamond Bar, Calif. 91765 Attn: City Manager City of Commerce 2535 Commerce Way Commerce, Calif. 90040 Attn: City Administrator 6. Assurances. COMMERCE shall use the assigned Proposition "A" Local Return funds only for the purpose of providing the Services discussed in Paragraph A of this Agreement and within the time limits specified in LAMTA's Proposition "A" Local Return Program Guidelines. Concurrently with the execution of this Agreement COMMERCE shall provide LAMTA with the Standard Assurances and Understandings Regarding Receipt and Use of Proposition "A" funds specified in the Guidelines regarding the use of the assigned Proposition "A" Local Return Funds. IN WITNESS WHEREOF, the parties hereto have caused this Assignment Agreement to be executed by their respective officers, duly authorized, on the day and year above written. CITY OF DIAMOND BAR By Linda C. Lowry, City Manager ATTEST: Linda C. Lowry, City Clerk Approved as to Form: City Attorney 2 CITY OF COMMERCE By Tom Sykes, City Administrator Linda Olivieri, City Clerk Approved as to Form: City Attorney CITY COUNCIL Agenda # 6.7 Meeting Date: 12/6/05 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City ManagerCL1 tii TITLE: AMENDMENT #4 TO REVISE THE CONTRACT WITH EXCEL LANDSCAPE TO ADD FIVE (5) NEW AREAS TO LANDSCAPE MAINTENANCE CONTRACT IN THE AMOUNT OF $8,513.48 FOR A TOTAL AUTHORIZATION OF $37,884.56 FOR THE 2005/06 FISCAL YEAR; PLUS A CONTINGENCY AMOUNT OF $5,000 FOR AS - NEEDED WORK; PLUS APPROPRIATION OF $3,080 FROM LLAD #41 RESERVES FOR COST OF SERVICES IN THIS DISTRICT. Recommendation: Approve Amendment #4, contingency and appropriation. Financial Impact: Funds for LLAD #38 related services in this contract are already included in the 2005/06 FY budget. There are no LLAD #41 funds in the 2005/06 FY budget for this contract, however, there are LLAD #41 reserves totaling $88,607 available for appropriation. Background: The City Council first awarded a contract to Excel Landscape for the period of July 1, 2002 through June 30, 2003 to maintain nine (9) locations in Lighting and Landscape Assessment District (LLAD) #38. The contract has been amended three times to extend the contract for a combined additional three years. The most recent amendment was Amendment #3 to extend the contract for the period of July 1, 2005 through June 30, 2006, in the lump sum amount of $29,371.08. Discussion: There are five new areas that have been constructed in Diamond Bar that now require landscape maintenance services. Four of the areas are located in LLAD #38 and one is in LLAD #41: LLAD #38: Parkway on west side of Diamond Bar Blvd. between Mountain Laurel and Maple Hill. Current 05/06FY 05/06FY 05/06FY Service 05/06FY Contract Appropriation Funding Areas Budget Cost Request Total with Appropriation District #38: $34,804.56 $34,804.56 n/a $34,804.56 District #41: 0.00 $3,080.00 $3,080.00 $3,080.00 TOTALS: $34,804.56 $37,884.56 $3,080.00 $37,884.56 Background: The City Council first awarded a contract to Excel Landscape for the period of July 1, 2002 through June 30, 2003 to maintain nine (9) locations in Lighting and Landscape Assessment District (LLAD) #38. The contract has been amended three times to extend the contract for a combined additional three years. The most recent amendment was Amendment #3 to extend the contract for the period of July 1, 2005 through June 30, 2006, in the lump sum amount of $29,371.08. Discussion: There are five new areas that have been constructed in Diamond Bar that now require landscape maintenance services. Four of the areas are located in LLAD #38 and one is in LLAD #41: LLAD #38: Parkway on west side of Diamond Bar Blvd. between Mountain Laurel and Maple Hill. 2. Parkway on north side of Pathfinder at Evergreen Springs. 3. Parkway on east side of Brea Canyon Road at Gerndal. 4. Parkway on south side of Golden Springs at Adel. LLAD #41: 5. Parkway along Brea Canyon Cut-off between Fallowfield and west City Limits. The four (4) new areas in LLAD #38 have been maintained by Excel Landscape since October 24, 2005. The one new area in LLAD #41 has been maintained by Excel Landscape since December 1, 2005. The additional costs that need to be added to the Excel Landscape contract for the 2005/06 fiscal year, by LLAD, are: Additional Contract Costs for 2005/06 FY LLAD Monthly Cost Dates Contract Cost #38 $660 October 24, 2005 — June 30, 2006 $5,433.48 #41 $440 December 1, 2005 — June 30, 2006 $3,080.00 Total Additional Contract Costs for 2005/06 FY $8,513.48 When the additional contract cost of $8,513.48 is added to the current contract amount of $29,371.08, the revised contract amount totals $37,884.56. Attachment: Amendment #4 dated December 6, 2005 Community Services Director AMENDMENT #4 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 6th day of December, 2005 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and EXCEL LANDSCAPE, ("CONTRACTOR") Recitals: a. EXCEL LANDSCAPE originally entered into a 12 month AGREEMENT with CITY effective July 1, 2002 ("the AGREEMENT') for Landscape Maintenance at nine (9) locations listed in Exhibit A. b. The CITY has regularly extended its Landscape Maintenance Contract with CONTRACTOR, most recently for the period of July 1, 2005 through June 30, 2006 in the lump sum amount of $29,371.08. C. Parties desire to amend Exhibit A of the AGREEMENT to add five (5) additional locations and to increase the contract amount for the period of July 1, 2005 through June 30, 2006 by $8,513.48 for a total lump sum amount of $37,884.56. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Exhibit A of the AGREEMENT provided in Section 1 is revised to add the following five (5) locations: LLAD #38: Parkway on west side of Diamond Bar Blvd. between Mountain Laurel and Maple Hill. Parkway on north side of Pathfinder at Evergreen Springs. Parkway on east side of Brea Canyon Road at Gerndal. Parkway on south side of Golden Springs at Adel. LLAD #41: 5. Parkway along Brea Canyon Cut-off between Fallowfield and west City Limits. Section 2 — Contract amount of AGREEMENT provided in Section 11 for the period of July 1, 2005 through June 30, 2006 is revised by increasing it by $8,513.48 for a total lump sum amount of $37,884.56. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #4 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Title: Mayor APPROVED TO FORM City Attorney EXCELLANDSCAPE Contractor Signed Title Linda Lowry City Clerk Exhibit A LLAD #38 Landscape Maintenance Locations: 1. Median on Golden Prados south of Golden Springs. 2. Parkway on north side of Golden Springs between Platina and EI Encino. 3. Parkway on south side of Golden Springs across from Torito Lane. 4. Parkway on south side of Golden Springs west of Ballena. 5. Parkway on north side of Sunset Crossing between Chaparral and Big Falls. 6. Parkway on northwest corner of Gold Rush and Diamond Bar Blvd. 7. Parkway on southeast corner of Gold Rush and Diamond Bar Blvd. 8. Medians on Tin Drive west of Diamond Bar Blvd. 9. Parkways on both sides of Brea Canyon Road between Pathfinder and southern City Limits. 10. Parkway on west side of Diamond Bar Blvd. between Mountain Laurel and Maple Hill. 11. Parkway on north side of Pathfinder at Evergreen Springs. 12. Parkway on east side of Brea Canyon Road at Gerndal. 13. Parkway on south side of Golden Springs at Adel. LLAD #41 Landscape Maintenance Location: 14. Parkway along Brea Canyon Cut-off between Fallowfield and west City Limits. Bold = Five (5) New areas added 12/6/05 CITY COUNCIL tNookroanK�'9 1�gq TO: Honorable Mayor and Members of the City Council FROM: Linda C. Lowry, City Manage _ U Agenda # 6 . e (a) Meeting Date: December 6, 2005 AGENDA REPORT TITLE: APPROVE AN AMENDMENT TO FISCAL YEAR 2005-2006 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO REALLOCATE AND APPROPRIATE $157,993 OF PRIOR YEAR CDBG FUNDS FOR THE HOME IMPROVEMENT PROGRAM (HIP) TO A TOTAL OF $276,785 AND ADOPT RESOLUTION NO. 2005 -XX RECOMMENDATION: Approve the 2005/06 CDBG program allocation amendment, appropriate the funds into the 2005/06 City Budget, and adopt the Resolution. BUDGET IMPLICATION: The amendment will be incorporated into the City's Fiscal Year 2005-2006 CDBG Program Budget and will increase the total allocation for the Home Improvement Program to $276,785. An additional $157,793 will be allocated to the Home Improvement Program (HIP) from reallocated HIP funds carried over from the FY 2004-2005 CDBG program year, HIP loan repayments and unexpended project funds from the previous program year. The CDBG Program does not impact the City's General Fund budget. BACKGROUND: On January 4, 2005, the City Council approved Fiscal Year 2005-2006 Community Development Block Grant (CDBG) Program Funding in the amount of $418,450 which included an allocation of $118,992 for the Home Improvement Program (HIP). Financial close-out of the FY 2004-2005 CDBG Program for the period ending June 30, 2005 has been finalized by the Los Angeles County Community Development Commission (CDC). The City may utilize unexpended CDBG funds from the FY 2004-2005 project balances to implement new projects and/or supplement on-going projects that are not subject to funding caps. Public service projects and CDBG administration are not eligible for additional funding from the unexpended balance of funds. However, the HIP is eligible under the CDBG regulations to receive reallocated funds. DISCUSSION: On December 3, 2002 the City Council approved the establishment of a Home Improvement Program to provide housing rehabilitation assistance to qualified low and moderate -income households. CDBG funds are allocated to HIP on an annual basis. For FY 2005-2006, the HIP allocation of $118,992 has provided grants of up to $5,000 and deferred loans of up to $10,000 for improvements and repairs. Emergency grants up to a maximum of $2,000 were made available on an as needed basis. HIP funds are utilized for exterior property improvements and for repairs to alleviate health and safety issues and to correct code violations. In addition HIP funds may be used to improve home access to disabled persons and for the removal of lead based paint hazards. It is proposed that additional carryover funds be used to cover the construction costs for the waiting list, which has already been established for incoming applications. The total allocation of $276,785 will provide funding for an estimated 17 projects. It is recommended that the City Council approve the increased allocation of CDBG funds for HIP. City staff will execute the CDBG documents required for the implementation of the project. Prepared by: CP Interim Attachment: Resolution 2005 -XX Reviewed by: inda C. Lowry pment Director City Manager RESOLUTION 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2005-2006 TO PROVIDE ADDITIONAL FUNDING FOR THE HOME IMPROVEMENT PROGRAM (HIP) WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Diamond Bar receives an allocation of Federal Community Development Block Grant (CDBG) funds to further the attainment of these goals; and WHEREAS, the general exterior improvements to single-family owner -occupied dwelling units and home improvements to mitigate building, zoning, health, and safety code deficiencies and/or violations meet the CDBG eligibility criteria for project funding; and WHEREAS, the Home Improvement Program provides grants and deferred loans to low and moderate income homeowners for the necessary improvements and repairs; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The funding allocation for the 2005-2006 Program Year shall be amended to provide an additional $157,793 in CDBG funding for the Home Improvement Program increasing the total HIP budget to $276,785. Section 2. That the City Manager or her designee is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles Community Development Commission that are required for the implementation of the project set forth herein. Section 3. This Resolution shall take effect from and after the date of its passage and adoption. 3 PASSED, APPROVED, AND ADOPTED this 6th day of December, 2005 Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution No. 2005- was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the day of December , 2005, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Linda C. Lowry, City Clerk City of Diamond Bar, California Il p 0 v .p b R¢ a qq o S qq 55 > > � 0 > > 0 > 0 .-• 0 m S Q � w �S ax d3 0 S 5 1 0 o z o z 0 o z o z tititi�' -x z.`Cx X11 rVi�vVi .aJ : x00 M M x (3) N •-- � �-. ' �-. Q: op a! \\\ N N N U N N N U U N U U O E CO O O O O O O O OO O O O O O O O 66 0 C O O O O O O O O 0 C 0 0 C C 0 N {V.O O O C O 0 0 0 C 0 n 0 vi 0 vi 0 3O F... 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Lowry, City Manager!/an TITLE: Amendment Number 1 to Professional Services Agreement with LDM Associates, Inc., for Home Improvement Program Administrative Support Services increasing the amount from $23,800 to $55,357 RECOMMENDATION: It is recommended that the City Council approve Amendment Number 1 to the professional services agreement with LDM Associates, Inc. BUDGET IMPLICATION: Funding for Home Improvement Program (HIP) administration and implementation services are paid from CDBG program funds. The maximum amount for consultant costs is 20% of the Home Improvement Program budget. If the City Council approves the increase of the HIP program this evening by allocating and appropriating prior year carryover of $157,793, these funds will increase the HIP budget to $276,785. It is recommended that a maximum of $55,357 be allocated to LDM Associates, Inc., for HIP support services. BACKGROUND: As a part of the Community Development Block Grant (CDBG) Program, funds are allocated for the implementation of a Home Improvement Program (HIP) which provides housing rehabilitation assistance to low and moderate income homeowners. The Home Improvement Program offers grants of up to $5,000 and deferred loans of up to $10,000 for residential repairs to eligible owner - occupied homes. In addition, emergency grants up to a maximum of $2,000 are available on an as needed basis. The City of Diamond Bar has utilized consultant staff from LDM Associates, Inc., to administer the Home Improvement Program since December 2002. DISCUSSION: On July 1, 2005 the City Council approved the professional services agreement in the amount of $23,800 with LDM Associates, Inc., to continue providing administrative support services for the Home Improvement Program. The contract amount was based on 20% of the Home Improvement Program budget which is the maximum amount permitted by the U.S. Department of Housing and Urban Development (HUD) for housing rehabilitation administrative costs. LDM's scope of services include assisting the City in the administration of the program; review and process applications from eligible homeowners; inspect properties and prepare work write-ups and cost estimates; prepare bid specs; approve selection of contractors; monitor and inspect projects; and maintain all documentation required for compliance with HUD regulations and Community Development Commission (CDC) policies. Prepared by: Reviewed by: Nancy Fong, 4P Linda C. Lowry Interim Comm i y evelopment Director City Manager Attachment: Draft Amendment Number 1 for CDBG Home Improvement Program Consulting Services 2 AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT HOME IMPROVEMENT PROGRAM CONSULTING SERVICES AMENDMENT NUMBER 1 This Amendment to the Agreement is made and entered into this 20th day of December, 2005, by and between the City of Diamond Bar (hereinafter referred to as "CITY"), and LDM Associates, Inc., (hereinafter referred to as "CONSULTANT"). RECITALS A. CITY has entered into an Agreement with CONSULTANT to provide housing rehabilitation consultant services for CITY'S Home Improvement Program, which the Agreement was dated July 1, 2005. B. CITY desires to provide an additional $31,557 in Community Development Block Grant Funds to administer additional Home Improvement Program rehabilitation projects for total compensation not to exceed $55,357 in Community Development Block Grant Funds. C. CITY desires to utilize the services of CONSULTANT as an independent contractor to provide consulting services to CITY as set forth in Exhibit "A", the CONSULTANT'S response to the CITY'S request for proposals. D. CONSULTANT represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, it is agreed by and between CITY AND CONSULTANT: Section 1: Section 3 of the Agreement is hereby amended to read as follows: 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of $55,357 in Community Development Block Grant (CDBG) funds for the services performed. All invoices submitted must include a detailed accounting of services rendered and time spent on each task. In no event should CONSULTANT billing exceed the not -to -exceed amount without prior written authorization by the CITY. Section 2: All other Sections of the Agreement dated July 1, 2005 will remain the same. No changes will be made to any other contract provisions. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST: M CITY OF DIAMOND BAR Linda C. Lowry, City Clerk Linda C. Lowry, City Manager Approved as to form: By: City Attorney "CONSULTANT" M David D. Meyer, President LDM Associates, Inc. 2 Exhibit A L.LDM Associates -Inc. May 23, 2005 Mr. James DeStefano Deputy City Manager City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 SUBJECT, PROPOSAL FOR CDBG ADMINISTRATION AND IMPLEMENTATION OF THE HOUSING IMPROVEl1'LENT PROGRAM Dear Mr. De Stefano: We would like to thank you for the opportunity to submit a proposal to administer and implement your Housing Rehabilitation Program. Our consulting team is comprised of highly qualified professional staff with expertise in all aspects of CDBG funded housing rehabilitation. Our consulting team is familiar with and currently implements rehabilitation programs funded with Commun.ity Development Block Grant (CDBG) funds. We have included overview of the services. we can provide, a brief description of our experience and identification of the personnel we proposed to assign to this task. We believe that this proposal conveys ou:- firm's ability to provide the City of Diamond Bar with administration and implementation services that will make your Housing Improvement Program a success. If you have any questions regarding this matter, please do not hesitate to call me at your convenience. Respectfully Sybmitfed, d D-Mey6VAICP Enclosure: Proposal 10722 Arrow Route • Suite 822 • Rencho,Cucamonga -California 91730 (909) 476-6006 • Fax (909) 476.6086 City of Diamond Bar Proposal for Community Development Block Grant (CDBG) Housing Improvement Program Administration and Implementation Services FY 2005-06 DESCRIPTION OF FIRM LDMA,rsociates, Inc., (LDIul) along with its affiliate MDGAssociates, L1a, (MDG)has been providing professional consulting services to the publ is sector since 1987. Our team is comprised of professionals possessing a variety of expertise in various areas associated with urban planning, grants management and redevelopment activities. LDM Associates, Inc, is a California corporation. EXPERIENCE Since 1987, we have offered implementation and administrative services to cities seeking consultant services that can act an extension of their staff We take pride in administering special project in the best interest of our client cities. The types of services provided by our team of consultants include those requestedby your City. Last year, LDM processed and completed tLe rehabilitation of approkimately 440 residential dwellings for 9 different cities. We are currently under contract with the Cities of Agoura Hills, Calabasas, Carson, El Segundo, Lawndalc, Rancho Palos Verdes, La Canada Fiintridge, and Walnut in the administration of their Housing Rehabilitation Programs. Additionally, we are currently under contract with the Cities of Hawthorne, Carson,Lawndale, San Fernando and Rialto in the administration of their Commercial Rehabilitation Programs. We have provided housing ichabilitation services to the City of Diamond Bar in the recent past. We have acted in the capacity of project manager and construction manager in the rehabilitation and or remodeling of community centers, police stations, park projects such as skate parks, playground equipment retrofitting to meet ADA standards, and ADA improvements to public facilities. COMMUNICATION WITH CITY STAFF LDM proposes to provide service on-site at least once a week for approximately 5 -hours. Members of our consulting team can be reached in order to provide service based on unscheduled need. It is our intent to become an extension of City staff and as such we will provide flexible scheduling to meet your needs. CONSULTANT TEAM The members of our consulting group proposed to provide administrative services for the Housing Improvement Program includes Rudy E. Munoz. Senior Vice President and Esther Portillo, Senior, Associate. We will assign other team merr,bers to support the prgject manager as the City's needs dictate. The resumes of the team members are included as pan of this.proposal. PROPOSED SCOPE OF SERVICES In the performance of the administration ofthe CDBG funded Housing Rehabilitation Program, LDM will provide staffing and other resources roquired to perform the following; 1. Process grants to eligible homeowners utilizing Community Development Block Grant funds. 2. Review applications and conduct reviews to determine homeowner eligibility and condition of title. 3. ' Inspect property and prepare work write-up and estimates. 4. Complete documentation for historic; preservation review through the Community Development Commission, if required. 5. Prepare specifications, obtain competitive bids, and approve selection of contractors. G. Monitor and inspect progress ofprcjects. Conduct inspection of completed work items. 7. Review and process contractor payment requests. 8. Acquire lien releases from contractors and process Notices of Completion. 9. Maintain documentation required For compliance with all applicable U.S. Department of Housing and Urban Development regulations and Community Development Commission policies. 10. Such other duties as may be r ecessa.ry to ensure the programs are administered correctly. BUDGET PROPOSAL Based on the scope of work and additional information provided in the RFP, LDM proposes to invoice on a time and material basis based on the attached Rate Schedule (see Exhibit "A") with a not to exceed price equal to 20% of the program budget (i.e., maximum allowed by HUD). The hourly rates and* not to exceed price is inclusive of travel expenses and reproductions of typical program documents. Specialty prints or reproductions or supplies will be billed at cost phis l 0%. E�kHIBIT "A" SCHEDULE OF HOURLY BILLING RATES Rates effective as of January I, 2005 STAFF PERSON: . President/Vice President Senior Associate Associate CADD Operator Rehabilitation Clerk.,. Secretary REIMBURSABLE ITEMS: Project Supplies Prints/Reproductions HOURLY RATE: At Cost plus 10% At Cost plus 10% S85.00,'Hr 575.00/Hr $65.00/Hr $55.00/Hr $45.00/Hr $35.00/EIr Agenda # 6.9 Meeting Date: 1216105 CITY COUNCIL \ AGENDA REPORT r9g� TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manager h,�"6— TITLE: APPROVAL OF CONTRACT AMENDMENT #7 TO EXTEND CITY-WIDE LANDSCAPE MAINTENANCE CONTRACT WITH TRUGREEN LANDCARE FOR EIGHTEEN MONTHS, JANUARY 1, 2006 THROUGH JUNE 30, 2007 IN THE AMOUNT OF $497,013; PLUS APPROPRIATION OF $1,593 FROM LLAD #38 RESERVES, $3,094 FROM LLAD #39 RESERVES, AND $974 FROM LLAD #41 RESERVES FOR CONTRACT COSTS FOR THE 2005/06 FISCAL YEAR RELATED TO EACH OF THE LIGHTING AND LANDSCAPE ASSESSMENT DISTRICTS. RECOMMENDATION: Approve contract amendment #7 and appropriations. FINANCIAL IMPACT: This contract amendment is for 18 months and covers the last 6 months of the 2005/06 FY and the entire 12 months of the 2006/07 FY. Cost for the last 6 months of the 2005/06 FY is $165,671 and cost for the 12 months of the 2006/07 FY is $331,342, for a total contract amendment amount of $497,013 for the 18 months. There is $160,010 included in the 2005/06 FY Budget for the first 6 months of this contract amendment. An additional $5,661 is needed to fund the first 6 months of the amendment. An appropriation from each of the Lighting and Landscape Assessment Districts as listed below is needed to fund the January 1, 2006 through June 30, 2006 2005/06 FY portion. Funds for the 2006/07 FY portion will be requested during the regular budget process for the 2006/07 Fiscal Year. This Chart is for Final 6 months Current 05/06FY 05/06FY 05/06FY of 2005/06 05/06FY Contract Appropriation Funding Fiscal Year Budget Cost Request Total with Appropriation Parks: $46,784 $46,784 n/a $46,784 District#38: $31,866 $33,459 $1,593 $33,459 District#39: $61,878 $64,972 $3,094 $64,972 District #41: $19,482 $20,456 974 $20,456 6 MONTH TOTALS: $160,010 $165,671 $5,661 $165,671 This Chart is for Full 12 months 06/07FY of 2006/07 Contract Fiscal Year Cost Parks: $93,568 District #38: $66,918 District #39: $129,944 District #41: $40,912 TOTALS: $331,342 6 Months of 05/06 FY + 12 Months of 06/07 FY = Total Contract Amount $165,671 + $331,342 = $497,013 BACKGROUND: On December 14, 2004, the City Council extended the contract with TruGreen LandCare for City Wide Landscape maintenance for the period of January 1, 2005 through December 31, 2005. Section 11 of the contract allows the contract to be extended if an extension is deemed to be in the best interest of the City. Section 11 further states that the contractor may receive a CPI increase for the period of the extension. Statistics from the U.S. Department of Labor show that the CPI for all urban consumers in the Los Angeles -Riverside -Orange County area for the latest reported 12 month period (11/04 — 10/05) is 5%. TruGreen LandCare has requested a 5% increase in their contract amount for the 18 month contract extension term. DISCUSSION: TruGreen LandCare has done a fine job maintaining their areas of responsibility for the past year. Staff recommends that the City Council extend their contract for 18 months. Areas Maintained by TruGreen LandCare: Area Description LLAD #38 All medians located in the center of major blvds. Temple Ave Parkway Grand Ave Parkway (behind guardrail) LLAD #39 Entire District except Summit Ridge Mini -Park LLAD #41 Entire District except Brea Canyon Cut-off Parks Heritage, Maple Hill, Paul C. Grow, Ronald Reagan, Starshine, Sycamore Canyon ATTACHMENTS: Amendment #7 to Contract Agreement Consumer Price Index from U.S. Department of Labor through October, 2005 Director of Community Services AMENDMENT #7 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 6th day of. December, 2005 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and TRUGREEN LANDCARE, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for City-wide Landscape Maintenance on June 16, 1998. b. The CITY has regularly extended its City -Wide Landscape Maintenance Contract with CONTRACTOR, most recently for the period of January 1, 2005 through December 31, 2005 (12 months) in the lump sum amount of $315,564. C. Parties desire to amend the contract to extend the contract for an additional 18 month period, January 1, 2006 through June 30, 2007, in the lump sum amount of $497,013, which includes a 5% CPI increase. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Contract is amended to extend the contract for an additional 18 month period, January 1, 2006 through June 30, 2007, in the lump sum amount of $497,013., which includes a 5% CPI increase. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #7 TO CONTRACT AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California TRUGREENLANDCARE Contractor Signed Signed Mayor Title APPROVED TO FORM City Attorney Linda Lowry, City Clerk Bureau of Labor Statistics Data Page 1 of 1 U.S. Department >E �, of Labor4 M Bureau of Labor _a Statistics Bureau of Labor Statistics Data www.bis.gov _j Search A_2 Index BLS Home I Programs & Surveys I Get Detailed Statistics Giossary ( What's New I Find It! In DOL Change Output From: 1995 To:' 2005 Options: [I include graphs NEW! More Formatting optionsr-zh. Data extracted on: November 16, 2005 (2:47:43 PM) Consumer price Index - All urban Consumers Series Id: CUURA421SAO Not Seasonally Adjusted Area: Los Angeles -Riverside -Orange County, CA Item: All items Base Period: 1982-84=100 Year Jan Feb Mar Apr I May Jun Jul I Aug Sep Oct Nov Dec JAnnual HA 1995 154.3 154.5 154.6 154.7 155.1 154.8 154.5 154.4 154.6 155.2 154.4 154.6 154.6 15• 1996 155.7 156.2 157.3 157.7 157.5 156.7 157.6 157.3 158.2 158.8 158.4 158.3 157.5 151 1997 159.1 159.2 159.8 159.9 159.5 159.4 159.5 159.7 160.5 161.1 160.7 161.2 160.0 15' 1998 161.0 161.1 161.4 161.8 162.3 162.2 162.1 162.6 162.6 163.2 163.4 163.5 162.3 16 1999 164.2 164.6 165.0 166.6 166.2 165.4 165.8 166.3 167.2 167.2 167.1 167.3 166.1 16. 2000 167.9 169.3 170.7 170.6 171.1 171.0 171.7 172.2 173.3 173.8 173.5 173.5 171.6 171 2001 174.2 175.4 176.2 176.6 177.5 178.9 178.3 178.4 178.8 178.3 178.1 177.1 177.3 171 2002 178.9 180.1 181.1 182.2 182.6 181.9 182.2 183.0 183.4 183.7 184.0 183.7 182.2 18 2003 18 5.2 186.5 188 18 7.6 18 6.4 18 6.3 18 6.3 18 6.9 188.2 187.8 187.1 187.0 187.0 181 2004 188.5 190.1 191.5 191.9 193.3 193.7 193.4 193.1 194.5 196.3 196.9 195.2 193.2 19 2005 195.4 197.4 199.2 201.1 201.5 200.7 201.4 203.1 205.8 206.9 19' Frequently Asked Questions I Freedom of Information Act I Customer Survey Privacy & Security_ Statement I Linking to Our Site I Accessibility U.S. Bureau of Labor Statistics Phone: (202) 691-5200 Postal Square Building Fax -on -demand: (202) 691-6325 2 Massachusetts Ave., NE Data questions: bisdata-,gt-aff@bls.gov Washington, DC 20212-0001 Technical (web) questions: webmaster@bls.gov Other comments: feedback@bis.gov 11/16/2005 Agenda # 6,10 Meeting Date: 12/06/05 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage y1 TITLE: Approval of Applications for Tree City USA Recertification for 2005, and the second year Tree City USA Growth Award and Authorization for the Mayor to Sign the Applications. RECOMMENDATION: Approve the applications. FINANCIAL IMPACT: None BACKGROUND: Staff has prepared applications for two different designations related to its tree maintenance program. The first is designation as Tree City USA. The second is the Growth Award. The National Arbor Day Foundation, in cooperation with the United States Forest Service and the National Association of State Foresters, recognizes towns and cities across America that meet the four standards of the Tree City USA program. The four standards are: 1) establishing a department to oversee the tree maintenance program; 2) establishing a community tree ordinance; 3) establishing a forestry program with an annual budget of at least $2 per capita; and 4) proclaiming and celebrating Arbor Day in Diamond Bar. The City of Diamond Bar received its first distinction of being recognized as a Tree City USA in 2001 and has maintained its designation each year since by successfully meeting the standards of the recertification process. The Growth Award recognizes environmental improvement and encourages higher levels of tree care throughout America. Last year 523 Tree cities earned this award. The City of Diamond Bar was one of these cities. For the second year in a row, the City has completed activities which meet the eligibility requirements of the award. DISCUSSION: On November 20, 2001, the City Council adopted Ordinance No. 03 (2001) establishing the community forestry program and designating the Community Services Department as the department responsible for the tree maintenance program. The adoption of this ordinance meets standards one and two for Tree City USA. On June 21, 2005, the City Council adopted the 2005/06 FY budget, which includes $150,000 of funding related to tree maintenance. This meets the third standard, appropriation of at least $2 per capita (or about $120,000 minimum) for annual tree maintenance costs. The fourth standard was met when the City Council proclaimed April 29, 2005 Arbor Day in Diamond Bar and a celebration on that date was conducted at Pantera Elementary School In addition to meeting the recertification standards, the City of Diamond Bar has initiated and/or enhanced activities in the following categories of the Growth Award: 1. Continuing Education for Forestry Managers and Tree Board Members: City Staff, Bryan Petroff and Anthony Jordan attended twelve sessions of the Arborists and Tree Workers Certification Program. 2. Tree Inventory and Analysis: The tree inventory was completed in November of 2005. Analysis includes the number of trees, breakdown of species, and value of trees in the whole urban forest. 3. Computerized Tree Management: The Geographic Information System (GIS) is capable of identifying individual trees, showing virtually the exact location of the tree, when the tree was trimmed and/or the maintenance schedule. This system will allow staff to locate a tree in question by a resident while talking to them on the phone. 4. Wildlife Habitat: the Riparian Habitat in Sycamore Canyon Park completed the five year cycle of rejuvenation, opening the area to encourage indigenous wildlife to inhabit. The Recertification and Growth Award applications must be submitted to the California Department of Forestry by December 31, 2005 and require the Mayor's signature. PREPARED BY: Alison Meyers, Recreation Specialist REV 7 Y: Bob Rose Community Services Director Attachments: Application for Tree City USA for Recertification Application for Tree City USA Growth Award TREE CITY USA Application for Recertification Mail completed application with requested attachments to your state forester no later than December 31. The TREE CITY USA award is made in recognition of work completed by the city during the calendar year. Please provide information for the year ending. (Some states require information in addition to that requested on this application. Check with your state forester.) As Mayor of the city of Diamond Bar (Title — Mayor or other city official) I herewith make application for this community to be officially recertified as a Tree City USA for 2 0 0 5 , having achieved the standards set forth by The National Arbor Day Foundation as noted below. (year) Standard 1: A Tree Board or Department List board members, and meeting dates for the past year; or name of city department and manager. City Department: Community Services Manacled by: Bob Rose Director of Community Services Anthony Jordan Parks and Maintenance Superintendent Standard 2: A Community Tree Ordinance Check one: ❑ Our ordinance as last submitted is unchanged and still in effect. ❑ Our ordinance has been changed. The new version is attached. Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita Total community forestry expenditures............................................................................................... $ 210 .280 Community population ....... ............. ............. ..................... ...................... ................ .......... ..... ....... ......... � A Rte_ Attach annual work plan outlining the work carried out during the past year. Attach breakdown of community forestry expenditures. Standard 4: An Arbor Day Observance and Proclamation Date observance was held April 29 2005 Attach program of activities and/or news coverage. Attach Arbor Day proclamation. Signature Please type or print the following: Mayor or equivalent Title: Magor Address: 21825 Cooley Drive City, State, Zip: Mayor of Diamond Bar Title Diamond Bar, CA 91765 ' City Forestry Contact Name: Eric 01dar Date Title: Rertinn l Field Specialist 2524 Mulberry Street City,State,Zip: Riverside, CA 92501 Phone#: NOTE: Application will not be processed without Standard 3 and 4 attachments. Certification (To Be Completed By The State Forester) (Community) The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be recertified as a Tree City USA, for the calendar year, having in my opinion met the four standards of achievement in urban forestry. Signed Date State Forester Person in State Forester's Office who should receive recognition material: Name: UPSAddress: Title: City, State, Zip: Agency: Phone#: TREE CITY USA GROWTH AWARD Application Mail completed application with requested attachments to your state forester no later than December 31. As Mayor of the city of Diamond Bar Mile — Alayor or other dty official I herewith make application for this community to receive the Tree City USA Growth Award as we • certified as a Tree City USA last year and have submitted an Application for Recertification this year. • spent at least as much on our community forestry program this year ($ZLOI� as we did last year 29 (fill in amounts reported on Tree City Applications.) • earned 10 or more points according to Growth Award Eligible Activities (which were new or significantly improved yWgyear.) • attached documentation for each Eligible Activity for which we seek recognition as listed below. (Appropriate documentation includes narrative descriptions, copies of documents, copies of printed brochures and newspaper clippings.) SignsWe Mayor Title Email ACTIVITY ELIGIBLE ACTIVITY NUMBER NAME City Forestry Contact who can answer questions about the application: Eric Oldar. Regional Field Specialist Name Title 2524 Multi., rr- Street' AA Riverside, CA 92501 city, state, Zip # OF POINTS DESCRIBE BRIEFLY EARNED (attach documentation) (951) 320-6125 Phatte it A 10 Continuing Education 67 City Staff.., Brian Pet_rof.f and Anthony Forestry Managers & Jordan attended the 12th Arborists & Tre- Tree Board Members rtifie tier r'repa atin C 4 Tree Inventory and 7o Tree .inventor.. completed NOyP_mher 2005 Ana ysis Analysis ins u es; num_er o rens, rhan Forest as a whole. Public Access C 5 Computerized Tree q Ce�ranhic Information System (G S) management Pin point individual trees, set maint_ena C 10 Wildlife Habitat 3 -num er o rens, w en ramme Riparian Habitat in Sycamore Canyon Park TOTAL completed five year cycle this year. POINTS 25 CITY COUNCIL VIA: TITLE Agenda # Meeting Date: December 6, 2005 AGENDA REPORT Honorable Mayor and Members of the City Council Linda C. Lowry, City Manager 101 CONSIDERATION OF ZONE CHANGE NO.2004-01, CONDITIONAL USE PERMIT NO.2004-01, DEVELOPMENT REVIEW NO.2004-19 AND VARIANCE NO. 2004-02 FOR COUNTRY HILLS TOWNE CENTER: A ZONE CHANGE FROM NEIGHBORHOOD COMMERCIAL (C-1) TO COMMUNITY COMMERCIAL (C-2) DISTRICT CONSISTENT WITH THE GENERAL PLAN COMMERCIAL DESIGNATION; A CONDITIONAL USE PERMIT AND A DEVELOPMENT REVIEW FOR THE RENOVATION OF THE FACADE OF THE EXISTING SHOPPING CENTER TOTALING 221,083 SQUARE FEET; AND A VARIANCE TO INCREASE THE BUILDING HEIGHT FOR THE TOWER FROM 35 FEET TO 49 FEET, THE TWO-STORY BUILDING FROM 35 FEET TO 40 FEET AND THE THREE-STORY BUILDING FROM 35 FEET TO 54 FEET. (CONTINUED FROM NOVEMBER 15, 2005, MEETING) RECOMMENDATION: The Planning Commission recommended approval of Zone Change No. 2004-01, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02. Upon conclusion of the public hearing, the City Council may approve the proposed project as recommended by the Planning Commission, or add conditions or modify conditions of approval. If the Council concurs with the recommendation of the Planning Commission, then adopt the attached ordinance and resolution, and issue a mitigated negative declaration in the following sequence: Approve the first reading of Zone Change Ordinance No. XX (2005). 2. Adopt City Council Resolution No. 2005 -XX approving Conditional Use Permit No. 2004- 01, Development Review No. 2004-19, and Variance No. 2004-02. 3. Issue a Mitigated Negative Declaration and Mitigation Monitoring Program. GET IMPLICATION: i'he applicant projects that the renovation of the shopping center with a new supermarket and the increase in new retail stores and restaurants would have a sales tax of approximately $300,000 for the City. He stated that the projected sales tax is based on the total square j footage of retail, restaurants, and Rite Aid (101,382 square feet) multiplied by $300 per square feet multiplied by 1 percent. However at this time, staff cannot verify the projected sales tax since the applicant has not submitted any tenant information to the City. The applicant should submit the types of tenants and the projected sales per square feet for the individual type of tenants so staff can have the City's economic consultant, Kosmont Companies, review the figures and either confirm the applicant's projections or provide alternative sales tax projections. In addition to sales tax, there will also be some minimal increase in the amount of property tax the City receives as a result of this project. BACKGROUND: On November 1, 2005, the City Council held a study session on the proposed project in anticipation of the November 15, 2005 public hearing. On November 15, 2005, the City Council continued the public hearing to December 6 at staff's request and with the applicant's consent. The continuance is a result of the Planning Commission having to continue the review from October 25 to November 8, 2005, at the request of the applicant so he could work with staff in refining the conditions of approval. PLANNING COMMISSION DISCUSSION: A. October 25, 2005, Study Session and Public Hearing: The Planning Commission questioned the more than 24 percent of floor area designated for food users and restaurants. They also questioned whether there are sufficient traffic mitigations, what type of tenants that would go into the center, who is the supermarket tenant and the lack of pedestrian connections from the streets to the center and pedestrian connections from buildings to buildings. The applicant responded that he is working to get a supermarket for the major tenant space. He stated that he has strong interests from Asian markets and restaurants. Approximately more than a dozen residents or tenants attended the study session. Following the study session, the Commission held a public hearing and received public testimony. There were 11 speakers who are either surrounding residents or tenants of the center. Their concerns ranged from the deteriorated conditions of the center, the needed buffering for the residential areas and the height of the three story medical building. B. November 8, 2005, Public Hearing: The applicant presented the project to the Commission. The applicant stated that he is not at liberty to name the potential supermarket tenant. Several tenants spoke at the hearing stating that they were in favor of the project but concerned that they may not be able to stay in the center if the rent increases as a result of the renovations. After the close of the public heating, the 2 Commission deliberated on the merits of the proposed project. They felt that the south side of Diamond Bar desperately needs to have a thriving shopping center that provides services and goods for the residents. They felt the project site has a lot of potential where development could range from a mixed-use (residential, retail and office) center to a community shopping center. However, they felt that the existing center has deteriorated to a point that the proposed renovation is much needed. The Commission urged the applicant to work closely with, and provide assistance to, the existing tenants in retaining their occupancy. The Commission also requested that the applicant work with staff to provide additional landscaping, pedestrian connections and amenities to the shopping center. They felt that the percentage of square footage for restaurants may be too high for the center. Staff clarified to the Commission that the square footage for the restaurants is a way for the applicant to set the maximum leasing spaces for restaurant uses and still meet the parking requirement. Although there is a condition of approval requiring the occupancy of the market tenant before issuance of a building permit for the three story medical office, the Commission stated that they would feel more comfortable with the project if the applicant released the name of the supermarket tenant or the types of tenants that are being considered for the center. To date, the applicant has not provided any of these details to staff. At the close of the public hearing, the Commission concluded that the Center renovations are needed and therefore recommended approval of the project to the City Council. Attached is a copy of the November 8, 2005, Planning Commission staff report that provides the technical information of the project. Also attached are copies of the Minutes of October 25, and Draft Minutes of November 8, 2005, meetings. NOTICE OF PUBLIC HEARING: On October 25, 2005, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. In addition, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. Further, the project site was posted with a display board and the public hearing was posted in three public places. COUNCIL ACTIONS: The Council is being asked to perform the following actions: 1. Approve Zone Change No. 2004-01: The approval of zone change from Neighborhood (C-1) to Community Commercial (C-2) will allow a wider range of retail uses such as: fitness center, banquet halls, night clubs, furniture stores, home improvement & garden supply stores (for example OSH or Armstrong gardens), appliance stores, computer stores, auto sales and grocery stores. A Neighborhood Commercial (C-1) zone will not allow these types of uses. The current zoning of the Center does not permit the existing uses such as a grocery store or theater. This zone change will bring the Center into zoning compliance. 3 2. Approve Conditional Use Permit No. 2004-01 and Development Review No. 2004-19: The approval of the Conditional Use Permit and the Development Review will allow the applicant to renovate the existing building and build two new buildings — a three-story medical office building and a two story office/retail/restaurant building. However the approval of Conditional Use Permit and Development Review is contingent upon the approval of the Variance as described below. 3. Approve Variance No. 2004-02: The approval of the Variance will allow the increase of building height for the towers of the shopping center to 49 feet, the three story medical office building to 54 feet and the two story building to 40 feet. Without the approval of the Variance, the renovation design will have to be modified and the applicant will have to redesign the three story medial office and the two story office/retail/restaurant building to meet the maximum building height of 35 feet. 4. Issue a Mitigated Negative Declaration and Mitigation Monitoring Program: The issuance of the Mitigated Negative Declaration and the Mitigation Monitoring Program will satisfy the provisions of the California Environmental Quality Act (CEQA) Section 15070. Without the issuance of the Mitigated Negative Declaration, the project cannot be approved. ALTERNATIVE ACTIONS FOR COUNCIL: A. Approve the project as recommended by the Planning Commission. Council may add conditions or modify conditions of approval as necessary to assure compliance with zoning standards and General Plan policies such as: requiring additional landscaping in the parking lot; providing landscape buffering along the backside of the center; providing large enough plazas for pedestrian use, etc. To accomplish this alternative, the Council should, after conducting the public hearing, close the hearing and approve the project in the following sequence: 1. Approve the first reading of Zone Change Ordinance No. XX (2005). 2. Adopt City Council Resolution No. 2005 -XX approving Conditional Use Permit No. 2004-01 as modified to the Council's additional conditions, Development Review No. 2004-19, and Variance No. 2004-02 3. Issue a Mitigated Negative Declaration and Mitigation Monitoring Program. B. Approve the project in part. By way of example, Council could consider whether not to approve two new buildings — the three story medical office and the two-story retail/restaurant/office building — limiting its approval to renovation of the main building of the Center. Denial of any portion of the project will require the Council to make specific findings as to why the new buildings are inconsistent with the City's standards for this type of project. The Council should, after conducting the public hearing, close the hearing and approve the project, as modified, in the following sequence: In 1. Approve the first reading of Zone Change Ordinance No. XX (2005). 2. Adopt City Council Resolution No. 2005 -XX approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-02, as modified to reflect changes imposed by the Council. 3. Issue a Mitigated Negative Declaration and Mitigation Monitoring Program. The changes to the approval documents may be sufficiently extensive that Council should give direction to staff, and continue the matter to its next meeting in order to allow staff time to re -write the resolutions in accordance with Council's direction. C. Continue the public hearing to a future date. The Council should list the issues and concerns of the project and direct the applicant to address them. D. Deny the project. In order to deny the project, the Council must make the findings to support the denial. Findings should be made orally, after the public hearing closed, and direction given to staff to return at the next meeting with a resolution of denial. Examples of findings are: 1. The shopping does not exhibit an exemplary design. 2. It lacks a terminus or focal point as visitors enter off the Diamond Bar Boulevard entry 3. It lacks pedestrian space or large enough plazas (outdoor rooms) and amenities such as landscaping, furniture, etc. for pedestrian to enjoy and use. 4. The parking lot lacks landscaping and the back side of the center lacks landscape buffering. 5. The lack of safe vehicular and pedestrian access is inconsistent with the Design Guidelines of the Development Code. Prepared By Nancy Fong, AICP Interim Community Development Director Attachments: 1. 2. 3. 4. 5. 6. 7. 8. 020 Reviewed By W Dave Doyle Assistant City Manager Draft Ordinance for Zone Change No. 2004-01 Draft Resolution of approval for Conditional Use Permit No. Review No. 2004-19 and Variance No. 2004-02 November 8, 2005 Planning Commission Staff Report Minutes of October 25 and Draft Minutes of November 8, 2005, Planning Commission Resolution Nos. 2005-37 and 2005-38 Exhibit "A" — Development Plans Exhibit "B" — Proposed Mitigated Negative Declaration and Exhibit "C" — Applicant's response letter to Parking Analysis 5 2004-01, Development meetings Mitigation Program 9. Exhibit "D" — Summary of Traffic & Shared Parking Analysis C.1 Attachment 1 City Council Ordinance No. 2005 -XX CITY COUNCIL ORDINANCE NO. 2005 -XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE NO. 2004-01 - A REQUEST TO CHANGE THE ZONING FROM NEIGHBOHOOD COMMERICAL (C-1) TO COMMUNITY COMMERCIAL (C-2) FOR PROPERTIES LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA; APN: 8285-020-31 THROUGH 51. A. RECITALS 1. The applicant, Michael McCarthy of Country Hills DB, LLC, has filed an application for Zone Change No. 2004-01 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject zone change request shall be referred to as the "Application." 2. On September 23, 2005, Planning Commission public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25 and November 8 2005, the Planning Commission of the City of Diamond Bar conducted duly noticed public hearings on the Application, received public testimony and concluded said hearing on that November 8, 2005. 4. On October 25, 2005, the City Council public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On October 25, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 5. On November 15 and December 6, 2005, the City Council of the City of Diamond Bar conducted duly noticed public hearings on the Application, received public testimony and concluded said hearing on December 6, 2005. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to the City Council during the above referenced meetings on November 15 and December 6, 2005, including written and oral staff reports, this Council hereby specifically finds as follows: a. The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. b, Concurrent with the Zone Change request is the request to renovate the entire shopping center and to add two new office buildings. The renovation will revitalize the shopping center which implements the economic goals of the General Plan. C. The change from Neighborhood Commercial to Community Commercial will allow a wider range of use that implements the City's economic goals and policies. d. The City Council hereby finds that the Application identified above in this Ordinance, has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070 and guidelines promulgated thereunder. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. A Mitigated Negative Declaration will be issued. e. The City Council 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 Zone Change set forth in the application, there is no evidence before this City Council 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 Council hereby rebuts the presumption of adverse effects contained 2 in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby approves Zone Change No. 2004-01 attached hereto as delineated on the City's Zoning Map identified as Exhibit "A" and incorporated herein by reference: (1) That the existing commercial area located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Assessor Parcel Nos. 8285-020-31 through 8285-020-51 shall be zoned Community Commercial (C-2). (2) The City Clerk is directed to amend the Zoning Map to reflect the referenced property's new zone designation. PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF DECEMBER 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Wen Chang, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November 2005, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of December 2005 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST: Linda C. Lowry, City Clerk, City of Diamond Bar 3 Ordinance No.2005-xx ZC 2004-01 Exhibit "A" General Plan: Commercial Zoning: From C-1 to C-2 Attachment 2 City Council Resolution No. 2005 -XX 0 CITY COUNCIL RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO.2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01. THE REQUEST IS FOR THE RENOVATION OF THE EXISTING SHOPPING CENTER AND THE CONSTRUCTION OF A TWO-STORY OFFICE/RESTAURANT BUILDING AND A THREE STORY MEDICAL OFFICE BUILDING TOTALING 221,083 SQUARE FEET; THE VARIANCE IS TO INCREASE THE BUILDING HEIGHT FOR THE MAIN RETAIL BUILDING FROM 35 FEET 'TO 40 FEET, THE TWO STORY BUILDING FROM 35 FEET TO 40 FEET AND THE THREE STORY BUILDING FROM 35 FEET TO 54 FEET; AND MAKING FINDINGS IN SUPPORT THEREOF; THE SITE IS 18.36 ACRES, IN THE COMMERICAL DISTRICT, AND LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA;— APN: 8285-020-31 THROUGH 51. RECITALS The applicant, Michael McCarthy of Country Hills DB, LLC, has filed applications for Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and Variance requests shall be referred to as the "Application." 2. On September 23, 2005, Planning Commission public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25 and November 8 2005, the Planning Commission of the City of Diamond Bar conducted duly noticed public hearings on the Application, received public testimony and concluded said hearing on that November 8, 2005. 4. On October 25, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On October 25, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 5. On November 15, and December 6, 2005, the City Council of the City of Diamond Bar conducted duly noticed public hearings, received public testimony and concluded the public hearings on December 6, 2005. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Based upon the substantial evidence presented to the City Council during the above referenced meetings on November 15, and December 6, 2005, including written and oral staff reports, this City Council hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Neighborhood Commercial. Concurrent with the Application, a Zone Change No. 2004-01 from Neighborhood Commercial to Community Commercial is requested. (d) The Application with its site plans, building design, landscaping, and grading togetherwith the conditions of approval and the mitigation are in conformance with the General Plan, the Development Code and the Design Guidelines. 2 City Council Resolution No. 2005 -XX (e) The Application and the intended use together with all conditions of approval and the mitigation will not be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. The Mitigated Negative Declaration review period began September 23, 2005, and ended October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. 3. The City Council hereby specifically finds and determined 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 City Council that the proposed project 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 City Council hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: Conditional Use Permit (a) The proposed use is allowed within the subject zoning district with approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. Concurrently with the Application, the applicant requested for a Zone Change from Neighborhood Commercial (C-1) to Community Commercial (C-2). The development and renovation of the shopping center requires a Conditional Use Permit. The existing and proposed uses for the shopping center such as the future market, existing drug store, restaurants, retail uses, spa, medical office and office uses, are all allowed underthe Community Commercial (C-2) zone. The existing and proposed uses in the shopping center will comply with all applicable provisions of the Development Code and the Municipal Code. 3 City Council Resolution No. 2005 -XX (b) The proposed use is consistent with the General Plan and the Development Code. Economic Development is a goal of the General Plan. The proposed project will implement this goal. The proposed project is consistent with the Diamond Bar Development Code. (c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The shopping center was originally constructed in the 1970's and renovated in the late 1980's before the incorporation of the City. The existing businesses such as the drug store, the restaurants, retail shops, etc., will remain in place. The proposed new uses such as a market for the major tenant, medial offices, offices, more restaurants and retail uses will add to the diversity of shopping and services for the surrounding residents. The existing and proposed uses will be compatible with the existing and future land uses in the vicinity. The proposed project will promote the aesthetics of the physical environment and adds to the economic and social character of the City. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The subject site is an existing shopping center with access off Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. The site with its renovation of the shopping center and the development of the two new buildings continued to be physically suitable for existing uses and the types of uses being proposed. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, orwelfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. 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. Granting this conditional use permit will improve the property and add value to the City in general. 4 City Council Resolution No. 2005 -XX (f) The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQA) 15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The design and layout of the proposed project, the new design of the facade for the existing buildings are consistent with the General Plan, Development Code and Design Guidelines. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed project is to renovate an existing shopping center and the construction of two new office buildings. The design and layout of the existing buildings and the two new office buildings will not interfere with the use and enjoyment of existing surrounding uses. However, the two new office buildings will have an increase in traffic. Based on the mitigation program, the applicant is required to improve the southbound approach on Diamond Bar Boulevard at the intersection of Cold Springs Lane with a re -striping of a third through lane and a contribution of $79,593 for the project's share of the cost in funding future road improvements needed to alleviate cumulate impacts to traffic. The existing access for the shopping center will be improved further to provide for safe pedestrian walkway and address handicap accessibility. (i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. 5 City Council Resolution No. 2005 -XX The proposed renovation together with the new buildings will create an aesthetically pleasing environment. (j) The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed design of the building will provide a desirable environment for its occupants and visiting public. The design will encourage the public to visit often, shop and enjoy the aesthetically pleasing environment. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project will improve the value of the properties and provide positive impact to the City. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. Variance (m) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's 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 makes it obviously impractical to require compliance with the development standards. 6 City Council Resolution No. 2005 -XX The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which deters visibility of the center from the street. The existing car wash at the cornerof Cold Springs Lane and Diamond Bar Boulevard and the two story office building at the corner of Fountain Springs Road and Diamond Bar Boulevard also contribute to poor visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story medical office building behind the car wash site is 28 feet below Diamond Bar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. (n) 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 districts and denied to the property owner for which the Variance is sought. As referenced above in Item (m), granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts. (o) Granting the Variance is consistent with the General Plan and any applicable specific plan. Due to the constraints of the project site being more than 20 feet below Diamond Bar Boulevard street grade, approving this Variance will be consistent with the General Plan. The project area does not have a specific plan. (p) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Variance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. (q) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. 7 City Council Resolution No. 2005 -XX The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. 5. Based on the findings and conclusions set forth above, the City Council hereby approves the project subject to the following Special Conditions, Standards Conditions and Mitigation attached hereto and incorporated herein: A. General/Planning Division (1) The approval is for Country Hills Town Center totaling 221,083 square feet. The approval includes the renovations of the fagade for a 45,031 square feet supermarket building; a 21,400 square feet Ride Aide store; 65,154 square feet of existing in-line buildings for retail and restaurant users; a 4,000 square feet of outdoor dinning area; a drive-thru cafe; a new 49,100 square feet three story office/medical office building and a new 12,408 square feet two story building for office and restaurant; the demolition of the existing child care center and a retail building at the south side of the site. (2) Variance No. 2004-02 is approved to increase the building height for the towers of the main retail building from 35 feet to 49 feet; the new two story retail/office building from 35 feet to 40 feet and the new three story medical/office building from 35 feet to 54 feet. (3) The final design of the project entry off Diamond Bar Boulevard shall be subject to Community Development and Public Works Directors review and approval prior to issuance of building permits. The design shall include small flowery trees next to tall palm trees. The palm tree species shall be of canary island date, date palm or king palm. The size of the palm trees shall be a minimum of 10 feet brown trunk. (4) Provide sufficient number of trash enclosure areas subject to the Community Development Director's review and approval prior to issuance of building permit. (5) All shopping carts shall be collected at the end of the business hours and stored inside the building of the supermarket and/or Rite Aide or in an approved outdoor screened area. 8 City Council Resolution No. 2005 -XX (6) The maximum square footage for restaurants and outdoor dinning shall not exceed 53,397 square feet. The restaurants square footage does not include the two existing drive-thru fast foods and the drive-thru cafe, the 5,000 square feet designated for food court within the market building, and the in- line food users. In-line food users are defined as "express" fast food with limited seating of up to 14 seats and examples are ice cream shops, bagel shops, donut shops, delicatessens and similar type of fast foods. (7) The keeping of the existing non -conforming pylon sign shall require a new variance application. (8) A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be used and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. (9) Landscaping: The site shall provide as close to 15 percent of the site area for landscaping as possible. Provide tree wells within the parking lot and planted with a small slow growing tree. Provide landscape areas along store frontage for planting of trees. Provide vine pockets in front of building columns. Provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to a breezeway. Detailed design shall be submitted for Planning Division review and approval prior to issuance of building permits. (10) For the tier of parking spaces located north of the central median landscape area, it shall be modified to show landscape areas. Final design subject to Community Development Director review and approval. (11) Add a flat roof tower over the new drive-thru pick up window for the future cafe tenant. Final design subject to Community Development Director review and approval prior to issuance of building permits. (12) The entire length of the west elevation (rear) shall have cornice treatment at the top of the parapet consistent with the design at the east (front) elevation. 9 City Council Resolution No. 2005 -XX (13) The renovation of the existing building shall be in substantial construction prior to issuance of building permits for the two- story or the three-story building, whichever occurs first. The market tenant shall have occupancy prior to release of occupancy for the shell building of the two-story or three-story buildings, whichever occur first. (14) (a) The roof screen parapet wall for the two-story and three- story buildings shall be integrated in the design of the buildings. (b) New roof screen wall for screening existing and new roof equipment shall be provided. Design, materials and color of the new screen wall shall be submitted for Community Development Director review and approval prior to issuance of building permits. New screen wall shall be installed prior to occupancy. (15) Submit color and material samples for the project prior to issuance of building permits. (16) The applicant shall redesign and reconstruct the existing community bulletin board within the shopping center. Final design and placement of the community bulletin board shall be subject to Community Development Director review and approval. The community bulletin board shall be completed prior to release of occupancy. (17) Environmental mitigations: (a) The following measures shall be implemented to reduce equipment emissions and limit exposure to diesel particulate emissions: all diesel tucks should be fitted with particulate filters or traps; all construction workers should be advised to wear masks when working near diesel equipment or diesel trucks. (b) If during grading archaeological resources are encountered, construction activities in the area of the find smut be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. 10 City Council Resolution No. 2005 -XX (c) If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Las Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the coroner determines that the remains are not recent the coroner will notify the Native American Heritage Commission for consultation. (d) Prior to commencement if demolition, a complete asbestos and lead paint survey shall be conducted on structures to be demolished at Country Hills Towne Center if they have the potential to contain asbestos or lead paint. If asbestos or lead paint materials are present, they will be handled by a trained and licensed asbestos or lead paint abatement contractor and disposed of in compliance with all applicable regulations. (e) Demolition, grading and construction operations shall be in accordance with Development Code section 22.28.120 (1 a)— 7:00 am and 7:00 pm Monday through Saturday. If there are complaints regarding noise or other negative impact to the surrounding residents the demolition, grading and construction operation shall be restricted to within the hours of 7:30 am to 5:30 pm Monday through Friday. (f) Prior to the completion of construction activities, the southbound approach on Diamond Bar Boulevard at the intersection with Cold Springs Lane shall be re -striped to provide a third through lane. (g) Prior to the final certificate of occupancy, the project shall assist the funding of road improvement needed to alleviate cumulative impacts to traffic. A contribution of $79,593.79 represents the project's share of the costs based on it relative contribution to worsening traffic condition. (18) Provide pedestrian connection from the public sidewalk to on- site for Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. (19) Decorative textured pavement shall be provided at project entries (Diamond Bar Boulevard, Cold Springs Lane and 11 City Council Resolution No. 2005 -XX Fountain Springs Road) and across circulation aisles where there is a pedestrian pathway. Decorative textured pavement shall be provided at the terminus of the center landscape median island. Location, design materials and colors for the textured pavement are subject to Community Development Director review and approval. B. Engineering/Public Works (1) A Lot Line Adjustment shall be recorded prior to issuance of building permits for the three story medical office building and the supermarket building. (2) Upgrade the following driveways to current ADA standards: Cold Springs Lane, Diamond Bar Boulevard and Fountain Springs Road. (3) Remove concrete from parkway at Cold Springs Lane and replace with landscaping to match existing parkways to east and west of the project. (4) Eliminate all storm drain/irrigation water discharge through all retaining walls. All on site storm water shall be drained to underground drainage facilities. A drainage plan shall be submitted for Public Works Director review and approval prior to issuance of any permits. (5) Evaluate pavement conditions of the parking lot and implement improvements. Detailed plans shall be submitted for Public Works and Community Development Directors review and approval prior to issuance of any permits. (6) Provide protective fencing or barrier to the property frontage along Diamond Bar Boulevard at the top of the slope (7) Provide separate pedestrian access on Diamond Bar Boulevard and Sugar Pine to the shopping center. The entrance shall be posted to identify the location for ADA accessibility. The final design shall be subject to City Engineer and Community Development Director review and approval prior to issuance of building permit. (8) Show all utilities on the plans (i.e., Edison power poles along the westerly side of the property.) 12 City Council Resolution No. 2005 -XX (9) All parcels within the subdivision shall be annexed into the City Lighting and Landscaping Assessment District No. 38. (10) Submit on-site striping and signing plans for City Engineer review and approval prior to issuance of building permits. The striping for the parking spaces shall consider 90 degree parking angle subject to Community Development Director review and approval. (11) Post signs for No Truck Delivery at the project entry of Fountain Springs Road. C. Fire (1) All required fire hydrants shall be installed and tested and accepted prior to construction. (2) The required fire flow forthis development is 5,000 gallons per minute for 5 hours. The water mains in the street fronting this property must be capable of delivering this flow at 20 pounds per square inch residual pressure. (3) Provide the occupancy, type of construction, extent of fire lanes (indicated on the plans by shading or cross hatching), locations and sizes of all fire hydrants within 300 feet of all property lines. (4) Project subject to Fire Code Access Standards. (5) Fire Protection facilities including access must be provided prior to and during construction. (6) Submit architectural drawings, including site plan, floor plan, elevations, door and window schedules to Fire Prevention Engineering at 590 S. Park Avenue, Pomona, CA 91766. D. Building and Safety (1) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. (2) Fire Department approval is required. 13 City Council Resolution No. 2005 -XX (3) Submit code analysis and justification showing the following: • Each building square foot • Each building height • Type of construction • Sprinkler system • Each group occupancy • Property line location in relation to each building (side yard) • Exit analysis for each building (occupant load/corridor rating/exit width/exit signs) • Accessibility analysis for the entire site and for each building • Shaft rating/exterior walls construction/opening protection (4) The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature. (5) This project shall comply with the energy conservation requirements of the State of California Energy Commission. (6) This project shall comply with all Title 24 accessibility requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. (7) The project shall be protected by a construction fence and shall comply with the NPDES and BMP requirements. (8) Surface water shall drain away from building at a 2 percent minimum slope. (9) Specific location of tempered glass as required by code. (10) All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. (11) Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. The City Council shall: (a) Certify to the adoption of this Resolution; and 14 City Council Resolution No. 2005 -XX M (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. APPROVED AND ADOPTED THIS 6TH DAY OF DECEMBER, 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was introduced at regular meetings of the City Council of the City of Diamond Bar held on the 15th day of November 2005, and the 6th day of December, 2005, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of December 2005 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST: Linda C. Lowry, City Clerk, City of Diamond Bar 15 City Council Resolution No. 2005 -XX DIAi�ION COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) PROJECT #: CUP 2004-01, DR 2004-19 and VAR 2004-02 SUBJECT: Country Hills Towne Center APPLICANT: Country Hills DB, LLC/Michael McCarthy LOCATION: West of Diamond Bar Blvd., between Fountain Springs Rd. and Cold Springs Ln. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 brought within the time period provided by Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 16 City Council Resolution No. 2005 -XX (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. Signed copies of City Council Resolution No. 2005 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the City within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety, Public Works and Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. 17 City Council Resolution No. 2005 -XX School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permits, whichever come first. 2. All deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval shall expire if building permits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one year time extension subject to Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved bythe City Council including: site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein and Development Code regulations 2. The Mitigation Monitoring Program approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 3. A property management association (HOA) shall be formed. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, parking areas and landscaping shall be provided by CC&R's or deeds and shall be recorded, prior to issuance of building permit. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently prior to the issuance of building permits. 4. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or 18 City Council Resolution No. 2005 -XX masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. 2. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the landscaping and irrigation comply with the approved landscape and irrigation plans. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 19 City Council Resolution No. 2005 -XX 4. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE ENGINEERING/PUBLIC WORKS DIVISION, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL/SUBDIVISION 1: Prior to final map approval or issuance of building permit, whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Prior to final map approval or issuance of building permit, whichever comes first, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 3. Prior to final map approval or issuance of building permit, whichever comes first, if any public or private improvements required as part of this project have not been completed by applicant and accepted by the City, applicant shall enter into an agreement with the City and shall post the appropriate secu rity. 4. Cost Estimates for all bond or surety amounts shall be provided by the applicant and approved by the City Engineer. 5. Prior to final map approval or issuance of building permit, whichever comes first, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 7. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the detailed site plan and grading plan, as approved by the City Engineer. 8. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Division in addition to any other permits required. 20 City Council Resolution No. 2005 -XX 9. Applicant shall label and delineate on detailed site plan any private drives or fire lanes to the satisfaction of the City Engineer. 10. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 11. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 12. Applicant shall provide digitized information in an Auto CADD format defined by the City for all related plans, at no cost to the City. 13. All activities/improvements proposed forthis project shall be wholly contained within the boundaries of the project. Should any off-site activities/ improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING No grading or any staging or construction shall be performed prior to issuance of building permits. 2. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance and acceptable grading practices. 5. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. 21 City Council Resolution No. 2005 -XX Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 7. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 8. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 9. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. C. DRAINAGE All drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the County of Los Angeles and all fees required shall be paid by the applicant. D. UTILITIES Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 22 City Council Resolution No. 2005 -XX E. SEWERS Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. F. TRAFFIC MITIGATIONS All traffic signals plans and traffic mitigations shall be implemented in accordance with the Traffic Impact Analysis Report by Linscott, Law & Greenspan engineers dated July 25, 2005, prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time the application was approved. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. The buildings shall be inspected for compliance prior to occupancy. 3. The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. 4. Fire Department approval is required. 5. All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. 23 City Council Resolution No. 2005 -XX 6. Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 7. Retaining wall design and calculations shall be submitted to the Public Works/Engineering division for review and approval concurrently with the grading plan check. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 24 City Council Resolution No. 2005 -XX Attachment 3 November 8, 2005 Planning Commission Staff Report PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 71 1 MEETING DATE: November 8, 2005 (Continued Public Hearing from October 25, 2005 meeting) REPORT DATE: October 31, 2005 CASE/FILE NUMBER: Zone Change No. 2004-01, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02 PROJECT LOCATION: West side of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road APPLICATION REQUEST: 1. To change the zoning district from Neighborhood Commercial (C-1) to Community Commercial (C-2) consistent with the General Plan designation of Commercial. 2. To renovate the facade of the existing shopping center; to construct a new three story medical/office building and a two story retail/office building; and to include a drive-thru cafe. 3. To request an increase in the building height for the following: The towers of the main retail building from 35 feet to 49 feet; the new two story retail/office building from 35 feet to 40 feet and the new three story medical/office building from 35 feet to 54 feet. PROPERTY OWNER: Country Hills, DB LLC 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 APPLICANT: Michael McCarthy MCC Realty Management 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 STAFF RECOMMENDATION: Staff recommends the Planning Commission adopt for approval Zone Change No. 2004-01, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance 2004-02 to the City Council. BACKGROUND: A. October 25, 2005 Study Session and Public Hearing: At the study session, the Planning Commission questioned the more than 24 percent of floor area designated for food users and restaurants. The also questioned whether there are sufficient traffic mitigations, the type of tenants that would go into the center and who is the market tenant and pedestrian connections The applicant, Mike McCarthy, responded that he is working to get a grocery store for the major tenant space. He stated that he has strong interests from Asian markets and restaurants. Approximately more than a dozen residents or tenants attended the study session. Following the study session, the Commission held a public hearing and received public testimony. There were eleven speakers who are either surrounding residents or tenants of the center. Their concerns ranged from the deteriorated conditions of the center, the needed buffering for the residential areas and the height of the three story medical building. The Commission continued the public hearing to November 8th meeting, which was requested by the applicant to allow him time to work with staff in refining the conditions of approval. B. Proiect Background Information: Country Hills Towne Center was constructed under Los Angeles County standards under one or more conditional use permits prior to City's incorporation. In April 1988, a Conditional Use Permit (CUP No. 87-002) including development plans were issued by the County, which confirmed the existence of the center. However, with the vacation of the Alpha - Beta supermarket caused by the merging of two supermarkets, the center has been on a downward spiral in its vitality since early 1990's. In October 2003, applicant, Mike McCarthy of Country Hills DB, LLC, purchased Country Hills Towne Center with the intent of renovating and revitalizing the shopping center. He initially submitted the application for the renovation proposal in May of 2004 and staff found it to be incomplete for processing. While the applicant was revising the development proposal, he continued to actively market the site for a supermarket tenant and other tenants. In October 2004, the applicant responded in a letter assuring the City that he is working diligently to sign a supermarket tenant and obtain the necessary City approvals for the renovation and revitalization of the Country Hills Towne Center. In March 2005, the applicant submitted a revised proposal for review. Staff has been working with the applicant and his professional team to prepare the application and the development plans ready for Planning Commission and City Council review. To date, the applicant is not ready to announce the supermarket tenant or other new tenants for the center. 2 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 ANALYSIS: A. Existing Site Conditions: The project site is 18.36 acres in size and fully developed, with the exception of a small vacant graded lot on the northern side of the site. The existing gross floor area of the center is 169,777 square feet. The car wash at the corner of Fountain Springs Road and Diamond Bar Boulevard and the two story office at the corner of Cold Springs Lane and Diamond Bar Boulevard as well as the existing AAA office building are not part of the project site and have separate property owners. Vacancies in the center are high. Complaints have been received about the site's property conditions, which could use improvements and upgrades. Also, the site is constrained by a grade difference of more than 20 feet below the street grade, which negatively affects the visibility of the shopping center. B. Project Descriptions: The proposed project includes the renovations of the facade of a 45,031 square feet supermarket building; the existing 21,400 square feet Ride Aide store; and the 65,154 square feet of existing in-line buildings for retail and restaurant users with outdoor dinning area. The proposed project also includes the demolition of the existing child care center and a retail building at the south side of the site in order to allow for the construction of a new 49,100 square feet three story office/medical office building. The vacant graded pad at the north side of the site will allow the construction of a 12,408 square feet two story building for office and restaurant. Upon project completion, Country Hills Towne Center will have a total of 221,083 square feet of gross floor area. The following table compares the existing with the proposed square feet: USE EXISTING SQ. FT. PROPOSED SQ. FT. Market 25,000 45,031 Rite Aid 21,400 21,400 Retail/Restaurants 63,948 65,154 Child Care 7,365 NA Theater 23,574 NA Fast Foods 7,990 7,990 AAA Office 20,000 20,000 3 -story Office NA 4%100 2 -story Office/Restaurant 6,838 sq. ft. (Restaurant) 5,570 sq. ft. (Office) NA 12,408 TOTAL 169,777 221,083 C. Site and Surrounding Uses: The General Plan and Zoning for the site is Commercial and Neighborhood Commercial District (C-1), respectively. The north, south and west sides of the site are predominately single family homes. The shopping center is physically separated from the westerly residential area by the existing Brea Canyon Channel. The east side of the site is existing condominiums. 3 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 D. Application and Review Authority: The proposed project requires four applications, namely Zone Change, Conditional Use Permit, Development Review and Variance. A Zone Change requires City Council approval, and the Conditional Use Permit, Development Review and Variance require Planning Commission approval. According to Section 22.48.030 of the Development Code, all applications shall be processed simultaneously by the highest review authority. For this project, the Planning Commission is a recommending body and will forward a recommendation to the City Council. The City Council is the final highest review authority. E. Zone Change No. 2004-01: The current General Plan land use designation for the site is Commercial and the zoning is Neighborhood Commercial District (C- 1). The applicant requests to change the zoning from Neighborhood Commercial (C-1) to Community Commercial (C-2). Under the General Plan Land use designation of Commercial, it allows a range of commercial zoning from Neighborhood, Community to Regional. In this case, the change from Neighborhood to Community Commercial is acceptable and appropriate because of the location of the site, which fronts on to a major boulevard and the size (over 18 acres) of the shopping center. A Community Commercial zone will allow a wider range of use that may include computer stores, banquet facility, health club, indoor entertainment, auto parts sales, grocery stores, furniture and appliance stores, and garden supply stores. Typically, these stores and services would attract a broader range of population. F. Conditional Use Permit No. 2004-01: The renovation of and the addition to the shopping center requires a Conditional Use Permit per Section 22.10.30 of the Development Code. Further the conversion of a portion of the existing building to a new drive-thru cafe requires a Conditional Use Permit. G. Development Review No. 2004-19: The purpose of Development Review is to implement the objectives of the General Plan which states, "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design." 1. Site Design and Access: The main entry of the center is off Diamond Bar Boulevard and the proposal includes renovation with new entry monument signs, a wider landscape median and a water feature. At the recommendation of the City's traffic consultant, the entry will include two lanes for egress and ingress which provides a safer condition for pedestrian and vehicular traffic. The existing secondary access off Fountain Springs Road will remain with no changes. The secondary access off Cold Springs will be relocated further west and provide a smoother entrance to the shopping center and the medical office building. The loading/service driveway will remain toward the back of the shopping center. 4 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 In response to the Commission concerns regarding pedestrian connection, the applicant is willing to add pedestrian walkway from the public sidewalk to onsite. The applicant will be providing pedestrian connection from the three story medial office to the building that backs up to Diamond Bar Boulevard. 2. Landscaping: The main entry off Diamond Bar Boulevard with its wide landscape island and a water feature will provide an attractive aesthetic entry statement. No changes are proposed for the parking lot. The entire length of the frontage of the stores from the market building to the day spa/retail building does not include landscaping. The applicant fears that adding trees within the parking lot and along the store frontage will further negatively impact the visibility of the center because of the grade difference from the street. Staff believes that landscape treatment should be included to provide shade within the parking lot; improve the pedestrian environment; and enhance the aesthetic appearance of the center. Staff recommends the following changes, which can be conditioned. Staff is agreeable to work with the applicant to address the proposed conditions: a. Provide tree wells within the parking lot to include small and slow growing trees. b. Find locations along the storefronts for landscape areas where a cluster of trees could be planted. C. Provide vine pockets in front of building columns. d. Provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to the breezeway. 3. Building Design: The existing architectural style for the shopping center is contemporary with red tile roof, tower elements, a colonnade of square columns and stucco material. The applicant proposes to re -skin or renovate the existing buildings with the following elements: a. The main building from market to spa: Modify and add new towers for the east elevation (front). The towers are raised in height, and they vary from 40 feet to the highest at 49 feet. The towers are treated with decorative metal accents and stacked stone materials. Beside the traditional pitch roof towers, flat roof towers are added at various locations to provide a variety and interest. No upgrades or architectural treatment are proposed for the west (rear) elevation except for the addition of a pop -out element at the breezeway area. Staff believes architectural elements should be applied to all sides of the building to have a total design and that at a minimum the 5 ZC 2004-01/CUP 2005-01/DR 2004-191VAR 2004-01 October 25, 2005 entire length of the west elevation (rear) should have cornice treatment at the top of the parapet. A condition of approval is placed in the attached resolution. In response to the concern from the resident, the applicant is willing to add landscaping along the rear of the center and will provide new roof screen wall to screen existing roof equipment. b. The existing building that backs up to Diamond Bar Boulevard: The renovations include adding a drive—thru lane for a cafe, which necessitates a retaining wall. Again, traditional towers are added to the building. Staff recommends that a flat roof tower element be added over the pick up window. The added tower with fascia area will allow for the placement of a sign and provide more visibility from Diamond Bar Boulevard for a future cafe tenant. A condition of approval is placed in the attached resolution and staff is agreeable to work with the applicant in the final design. C. The two story office/retail/restaurant building and three story medical office building: The architectural style of the two new buildings is similar. They consist of flat roof treated with cornice elements, stucco walls with stacked stones as a wainscot. Staff believes that the design is compatible and adds aesthetic value to the entire center. 4. Parking Analysis: According to Section 22.30.050 of the Development Code, a Shared Parking analysis• is required if the total number of required parking spaces is more than the number of parking spaces provided. A Shared Parking Analysis was submitted to City's consultant for review and the results were summarized in the following table: USE SQ. FT. PARKING PARKING PARKING RATIO REQUIRED PROVIDED Supermarket, retail, 90,614 1/300 302 office, spa Restaurants 53,397 1/75 plus 1/300 519 (service areas) (16,014) for service areas (outdoor dinning) (4,000) plus 1/100 for out -door dinning Fast Food 7,990 1/100 80 AAA Office 20,000 1/400 50 Medical Office 49,100 1/250 196 TOTAL 221,083 1,219 1,012 6 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 According to the results of the shared parking analysis, the total number of parking spaces needed at peak time, which is defined as a weekday at 1:00 pm or weekend at 8 pm, is 1,003 spaces (Exhibit "E"). According to our consultant, the practice under Urban Land Institute for shared parking is to have a minimum of 5 percent above the peak demand with a total of 1,053 spaces. The site has 1,012 parking spaces. The applicant has submitted a letter (Exhibit "D") stating that the 1,012 parking spaces provided on site are more than adequate to support the center. The applicant stated that the traditional shopping experiences have evolved to be more of life style centers where shoppers patronize as opposed to one retailer per trip. Staff agrees that 1,012 parking spaces are adequate to support the center. To ensure that the center would not have a parking problem, the Planning Commission could place a cap on the total square footage for restaurant use. Also, a condition could be in place where the applicant would submit a plan to address the issue subject to staff review should there be a parking problem. 5. Signs: A condition of approval in the attached draft resolution requires a new Planned Sign Program for the shopping center. The Planned Sign Program will include monument signs, tenant signs and directory signs. There is an existing pylon sign at the entry off Diamond Bar Boulevard which is legal conforming. It is recommended that the existing pylon sign at the entry off Diamond Bar Boulevard be removed, or a variance application process is required to leave it in place, which can be addressed at a later date. 6. Lot Line Adjustment: The property consists of 20 parcels. The property lines for the market building and the three story office building must be adjusted so that they do not traverse the buildings. H. Variance No. 2004-02: The proposed towers for the main building range from 40 feet to 49 feet. The two story office and restaurant building adjacent to Fountain Springs Road is 36 feet high at the setback line and 40 feet at the parking lot. The three story medical building is 54 feet high at the top of the equipment screen wall. The maximum building height allowed is 35 feet, hence the variance application. The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which deters visibility of the center from the street. The existing car wash at the corner of Cold Springs Lane and Diamond Bar Boulevard and the two story office building at the corner of Fountain Springs Road and Diamond Bar Boulevard also contribute to poor 7 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story medical office building behind the car wash site is 28 feet below Diamond Bar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. Staff believes the site is unique because of the grade constraints that no other shopping centers in the city experiences. The strict application of the code would deny the property owner of the same privileges enjoyed by other property owners of shopping centers. Staff recommends the Planning Commission grant the building height variance. Environment Review and Proposed Mitigated Negative Declaration: The project has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15070. The Mitigated Negative Declaration's review period began September 23, 2005, and ends October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. Therefore, staff recommends the issuance of a Mitigated Negative Declaration. NOTICE OF PUBLIC HEARING: On September 23, 2005, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. In addition, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. Further, the project site was posted with a display board and the public hearing was posted in three public places. RECOMMENDATION: Staff recommends that the Planning Commission conduct a public hearing to review the project; upon conclusion of the public hearing, forward a recommendation of approval to the City Council through the adoption of the attached resolutions. Prepared by: Nancy Fong, AICP Interim Community Development Director 8 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 Attachments: 1. Draft Resolution Recommending Approval of Zone Change No. 2004-01 to City Council 2. Draft Resolution Recommending Approval of Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 to City Council 3. Exhibit "A" — Development Plans 4. Exhibit "B" — Proposed Mitigation Program 5. Exhibit "C" - Applicant's response letter to Parking Analysis 6. Exhibit "D" — Summary of Traffic Impact & Shared Parking Analysis 9 ZC 2004-01/CUP 2005-Ot/DR 2004-19/VAR 2004-01 October 25, 2005 NOVEMBER 8, 2005 PAGE 4 PLANNING COMMISSION STUDY SESSION Site 22 — North of SR60/South of Lycoming between Lemon Avenue and Glenwick Avenue (WVUSD — change R -A-8,000 to I.) The Planning Commission and ACA/Wohlenberg concurred that this was a single agenda item, that all of the changes were detailed in staff's report and have been discussed by the Commission through this public meeting. B. Information Regarding the Country Hills Towne Center project ICDD/Fong presented staff's report. In order to maximize the allowable "restaurant" use square footage, the applicant requested clarification that certain food court uses would not be considered as "restaurant." For example, quick service and take out with limited seating up to a maximum of 14 seats. It would include such uses as ice cream shops, bagel shops, donut shops, deli's and similar types of uses which should not be considered sit-down restaurants. Staff concurs with the applicant's request. VC/Low asked how much square footage and parking the property owner would gain if the City concurred with the use clarification. TCDD/Fong responded that the property owner has already maximized the number of parking spaces required for restaurant use. This proposal theoretically reduces the square footage for retail. VC/Low said she was still concerned about the amount of square footage devoted to restaurant use. C/Lee believed that the developer had a vision for use of the private property and if he complied with the City's requirements the uses would be permitted. At the same time the Commission needed to know what the developer was planning and strives to comply with his proposal. ICDD/Fong explained that the developer was proposing to maximize the square footage and the parking ratio by accommodating up to 53,397 square feet of restaurant use and it would be questionable whether the developer could actually achieve that maximization. C/Nolan said the request would merely change the nuance of what was considered to be retail and would improve the parking ratio. ICDD/Fong stated that the applicant would make his presentation during the regular meeting. NOVEMBER 8, 2005 PAGE 5 PLANNING COMMISSION STUDY SESSION ADJOURNMENT: With no further business before the Planning Commission, Vice Chair/Low adjourned the study session at 6:55 p.m. to the regular meeting. Respectfully Submitted, Nancy Fong Interim Community Development Director Attest: Ruth M. Low, Vice Chairman Attachment 4 Planning Commission Minutes of October 25, 2005, and Draft Minutes of November 8, 2005 =1L�a MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 8, 2005 STUDY SESSION: 5:30 p.m. - Room CC8, South Coast Air Quality Management District/Government Center, 21865 Copley, Diamond Bar, CA 91765 • Information Regarding Proposed Zone Changes • Information Regarding Country Hills Towne Center Project CALL TO ORDER: Vice Chairperson Low called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL: Present: Vice Chairperson Ruth Low and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng. Chairman Joe McManus was excused. Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner, Linda Smith, Development Services Associate; Kimberly Molina, Assistant Engineer and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Study Session of October 25, 2005. 4.2 Minutes of the Regular Meeting of October 25, 2005. C/Nolan moved, C/Torng seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: NOVEMBER 8, 2005 5. .3 PAGE 2 PLANNING COMMISSION AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: OLD BUSINESS: Nolan, Torng, Lee, VC/Low None Chair/McManus 5.1 Planning Commission Policy and Procedures Manual Review and Discussion. VC/Low felt that deleted Item 6 on page 5 — Commission Membership and Operations, should be reinstated because Commissioners serve at the pleasure of the Council Member who appointed them and without this provision the new Council Member would not have an opportunity to appoint a person of his own choosing. ACA/Wohlenberg explained that the requirement that the seat be vacated within 90 days was part of the City's Municipal Code that was the ultimate control over the Policy Manual. He agreed that it would serve to place the Commissioners on notice without requiring that they read the Municipal Code. VC/Low agreed that this manual helped Commissioners to better serve on the Commission. She asked if the Commissioners would concur that the section on pages 6 and 7 that spoke to the effectiveness of a Planning Commissioner and suggestions on how to be a Commissioner should be included in the draft. C/Torng said he found very similar language in the draft manual on pages 11 and 12. VC/Low agreed. C/Nolan moved, C/Torng seconded to recommend adoption of the Planning Commission Policy and Procedures Manual as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Torng, Lee, VC/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/McManus NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING(S): 7.1 ZONE CHANGE NO. 2004-1 CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 - In accordance with chapter 22 of the City of Diamond Bar Development Code, the applicant requested the following approval: A zone change from NOVEMBER 8, 2005 PAGE 3 PLANNING COMMISSION Neighborhood Commercial (C-1) to Community Commercial (C-2) District consistent with the General Plan Commercial designation; a Conditional Use Permit and a Development Review for the renovation of the fapade of the existing shopping center totaling 221,083 square feet; and a Variance to increase the building height for the proposed three story office/medical office building from 35 feet to 40 feet. The proposed renovations include the existing 45,031 square feet of existing in-line shop buildings or retail and restaurant uses with outdoor dining area, a new 49,100 square foot three story office/medical office building and a new 6,800 square foot two story office/retail building. (Continued from October 25, 2005) PROJECT ADDRESS: Diamond Bar Boulevard between the northwest corner of Cold Springs Lane and the southwest corner of Fountain Springs Road (Country Hills Towne Center), Diamond Bar, CA 91765 PROPERTY OWNER/ MCC Realty Management APPLICANT: 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 ICDD/Fong presented staffs report and recommended that the Planning Commission reopen the public hearing, receive testimony and forward a recommendation for approval to the City Council through the adoption of the resolutions. The applicant, Michael McCarthy, gave an overview presentation to indicate where certain uses were proposed to be placed within the center and how the current buildings would be upgraded to include a 40,000 square foot market area, new facades to update rooflines and new construction to current standards. In addition, a walkway was added between two parking bays to connect two buildings and a walkway was added off of Diamond Bar Boulevard down into the site from the AAA site down to in front of the food and coffee areas. The walkway was designed to intersect and meander across the parking lot into other retail uses on the opposite site of the center. Additionally, he plans to assign the center for ADA access from Fountain Springs. C/Lee asked Mr. McCarthy how he intended to accommodate the large restaurant spaces into the shopping center. Mr. McCarthy said he believed that food spaces were market-driven and at this juncture he was uncertain what tenants would rent space at the center, where the food uses would locate and what portion would actually come to fruition. The current demand NOVEMBER 8, 2005 PAGE 4 PLANNING COMMISSION was for multiple interests from different food categories including Sushi, Chinese, Italian, and American food/family style restaurants and his proposal was to have the option to sign leases if tenants became available and interested. He felt there was a very strong demand for restaurants in Diamond Bar that would include the ability to serve liquor and provide some type of entertainment. C/Lee asked if Mr. McCarthy had tangible candidates and he responded that he has letters of intent. At this point there are no leases signed. Once the anchor tenant market lease is signed the strategy will unfold for filling up the in-line spaces. C/Lee said he was concerned that without a tangible anchortenant how Mr. McCarthy could allocate 30 percent of the center (60,000 square feet) to food uses. Mr. McCarthy said that at this point the cycle of interest from prospective tenants prior to signing an anchor are mostly with food related tenants jockeying for position within the center. The anchor will define the course of the shopping center and he would begin to see more interest from soft retailers such as electronic retail, clothing, etc. Typically the life of a shopping center depends on the food vendors who are the most aggressive and prolific. Once the shopping center becomes anchored other tenants follow the anchor and food uses. VC/Low asked Mr. McCarthy to talk about the anchors. Mr. McCarthy responded that the current tenant Rite Aid is considered a co-anchor and that he has interest from two separate markets, one of which he prefers and with which he is negotiating a lease. The lease should be signed within the next 30 days. VC/Low asked how long Mr. McCarthy had been in negotiations with the anchor tenant and how certain he was that the anchor would sign within the next 30 days. Mr. McCarthy said there was no absolute in his business. However, he had been in discussion with this tenant since December 2004 and it was not untypical for markets to take a relatively long period of time to make a decision to sign a lease. Actually, a 12 -month period was probably on the quick side of the equation. Generally, market deals take two years to go through committee and obtain necessary approvals. In these instances the developer needs to stand still and let the process unfold. Mr. McCarthy indicated to VC/Low that he felt most of the obstacles had been overcome. The market essentially approved 40,000 square feet shown on the plan. The market required the tower element (part of the variance requested this evening), the addition of two loaders in the rear area and the fountain element in the center of the shopping center. In addition, the center was providing the market the frontage it needed. The market was in the process of completing a fixture plan for the space and because they have had their attorneys working on the agreement it seemed apparent to him that the market was sincere about moving forward. The quality of the proposed NOVEMBER 8, 2005 PAGE 5 PLANNING COMMISSION market is as close to an "A" quality market as he has seen with respect to fixtures, merchandising and products. The theme of the market is more of a world market theme with about 35 percent being U.S. products and the balance being a combination of Korean, Chinese and Japanese. And, the proposed anchor has the same types of prepared foods that one would find at a Bristol Farms or Henry's or Whole Foods and could easily compete with the Henry's of Chino Hills. C/Nolan asked if the anchor tenant currently operated stores in the United States and Mr. McCarthy responded "yes." C/Nolan stated that the Commission previously spoke about the lack of pedestrian walkways to connect the two buildings on Diamond Bar Boulevard as well as walkways to connect the two buildings down through the center to the main area just north of Rite Aid. C/Nolan asked Mr. McCarthy if there were any opportunities for additional pedestrian access or at the very least a softening of the parking lot mass with additional landscaping. Mr. McCarthy pointed out on the overhead what he felt would be active areas and indicated that he had connected those areas with the AAA building. The AAA building is a non -retail facility and there is a connection with the office building up and over. He asked for an opportunity to study the area further to see whether there could be additional connectivity. He also indicated that they had struggled with the landscaping issue and in their opinion it had failed in the past because of the view corridors. He does not want to create a situation where the project is finished and in five or 10 years from now the center has the same problem with landscaped areas blocking view corridors. It is critical to be able to see the storefront to have a sense of arrival. If the project blocks the storefronts it would create a problem for drivers traveling on Diamond Bar Boulevard to gain a sense of the center. C/Nolan asked what kind of sales tax revenue the center could potentially bring into the City. ICDD/Fong said she had not researched that subject. C/Nolan said he believed it was important forthe Commission and Council to know what the revenue stream would be. C/Torng told Mr. McCarthy he appreciated the commitment to refurbishing the Diamond Bar center. When he visited the Phillips Ranch center and found there were several good points to the center such as a variety of businesses. In his opinion however, there was not enough landscaping and the parking was limited. In the case of the Country Hills Towne Center he was pleased to see the superimposition of the three-story business and number of trees. He was concerned about the small amount of landscaping NOVEMBER 8, 2005 PAGE 6 PLANNING COMMISSION and hoped that Mr. McCarthy would commit to mitigating the mass of the three-story building with sufficient landscape materials. He agreed that the center portion should be free of large trees but felt the side streets and rear areas could be landscaped with trees. C/Torng cautioned Mr. McCarthy that his mall was not just for people who live in "The Country Estates" it was also for the residents at the south end of Brea Canyon Road and other adjacent areas. C/Torng reminded Mr. McCarthy that there were a lot of schools in the area of the center and he felt that the young people would like a good place to shop, eat and take advantage of a safe environment and he hoped that Mr. McCarthy could attract businesses that would serve the youth of Diamond Bar. He asked staff to comment on the percentage of landscaping required by ordinance because he wanted to be certain that the center met the requirement. Mr. McCarthy said that even though the Phillips Ranch center was about 95 percent leased the construction was only about 85 to 90 percent completed. For example, the restaurant building needed to be completed before the parking lot was resurfaced. In spite of the fact that the Phillips Ranch center sits in a very secluded area with a very low traffic count he was successful in attracting major solid retailers such as Blockbusters, Ace Hardware, It's a Grind Coffee, etc. Relative to the Country Hills Towne Center he recalled that a resident was concerned about how the shopping center looked from the rear and as part of the conditions of approval he had agreed to screen all of the HVAC systems on the old part of the center. The new portion was developed in 1987 and he was somewhat concerned about large trees because the lanes on the side area were fire lanes and those must be kept wide open for access. In addition, the existing buildings leave little room for landscaping. However, he has shown the cornices along the sides and along the top at the rear of the buildings. C/Torng's concern about landscaping is his concern as well and he plans to soften the area of the office building with heavy landscaping. The major portion of the landscaping is being concentrated at the entryway of the center to create an exciting sense of arrival. There is a large water element and waterfall going down the centerof the entryway that continues on down into the center. However, he is somewhat hampered by the pre-existing conditions on a going forward basis of the already constructed center. The center is currently at about 7.5 percent landscaped and if he was building a new center the code would require 15 percent landscape coverage. Mr. McCarthy said he had a difficult time attracting restaurants to Phillips Ranch because it was a neighborhood area and would not support a lot of food uses. He estimated that he had about 10 percent of the interest in food at Phillips Ranch that he has at the Country Hills Towne Center which says a lot about the trade area and NOVEMBER 8, 2005 PAGE 7 PLANNING COMMISSION demographic profile as well as the ability for a restaurant and food use to succeed in the Diamond Bar center. Regarding youth related areas, coffee shops, juice bars, bookstores, food uses, gift stores that would be attractive and safe for young people, those are included in the projected uses. C/Lee felt that in order to have 60,000 square feet of food uses succeed it would require that about 3,000 people a day visit the center. He asked if Mr. McCarthy had any plans for security at the center. Mr. McCarthy said that he would like to have an armed guard 24/7 on his properties. However, it was too expensive so an unarmed guard would be located onsite during nighttime hours as was currently the situation at the center. Security is very important and he is somewhat concerned because when he operated the theater for a very short period of time it was robbed twice in two weeks. He said he was also very concerned and would do as much as possible to secure the grounds. He is seeking high quality establishments and any type of loitering that would detract from that quality would not be allowed. VC/Low reiterated the importance of landscaping. Page 5 of the landscape report indicates that staff is willing to work with the applicant to address the proposed condition to provide tree wells within the parking lot, etc. VC/Low asked Mr. McCarthy if he was agreeable to working with staff to provide adequate landscaping in accordance with the conditions? Mr. McCarthy said it sounded like a strategic approach to landscaping and not just a shotgun blanket approach and that he, ICDD/Fong and the architect would be discussing how to proceed. He included a budget amount for benches and walkways including replacement of the benches outside of 31 flavors. VC/Low wondered about landscaping the entire front of the center to attract shoppers. Mr. McCarthy said he was concerned about the visibility and view corridors. Typically, people driving toward the market would see the pylon and monument signs first and anticipate the entryway. VC/Low felt that only the rooftops of the inside buildings would be visible and if the Diamond Bar Boulevard exterior was inviting it would draw in the public. Mr. McCarthy agreed that signage was very important. He planned to add low-lying plants along the hillside but he said he did not want plants growing too high and undoing what he was trying to fix. He felt it would be best to sit down with staff and come up with a strategy for placement of types of plants, growth patterns of the plants, placement of the plants and consideration of how they would look in five years. VC/Low said she was concerned about how the existing tenants would be treated during the rehabilitation process. She said that she had randomly called tenants and was surprised to hear that the shop owners had no idea NOVEMBER 8, 2005 PAGE 8 PLANNING COMMISSION about the renovation plans. Mr. McCarthy said that timing was somewhat tricky because he did not want to show the proposed plans to existing tenants until a plan was approved and in place. The emphasis had been on waiting for Planning Commission approval and anchoring the shopping center. Beyond that he would have a plan for where he would want to place existing tenants and would be able to sit down with them to see how they would play a role in the approved plan. He said he wanted to keep as many existing tenants as possible so it would behoove him to help them feel less vulnerable through the process. With respect to retention very often, new tenants are willing to pay much higher rents than existing tenants. Many of his existing tenants have stepped up to market or close to market rates and he has refurbished their spaces and their businesses have flourished as a result and they are very happy with their locations. Sometimes tenants have to be incubated for a period of three or four months in order for him to have the time to refinish their space. He cited examples of efforts to retain tenants. C/Torng wanted to know if Mr. McCarthy would advertise the center. He asked if Mr. McCarthy was confident he could rent the entire medical/office building spaces. Mr. McCarthy responded that the office vacancy in Diamond Bar was less than five percent which was unusual for a sub -market of Los Angeles. What the City was lacking was a medical facility. Ideally, he would like to have a full -floor anchor tenant on the ground level and then fill the upper floors with doctors and groups of doctors with varying specialties. VC/Low reopened the public hearing. Dr. Sanjay Doshi, 2839 Diamond Bar Boulevard, said he gathered from the discussion that if approved there would be a drive-through coffee use at his location. He wanted to know what "incubation" meant because dentistry is a heavily developed space and not conducive to temporary relocation. He anticipated major changes and felt that more tenants would produce a safer atmosphere at the center. He suggested that Mr. McCarthy move AAA to the proposed medical office building location and refurbish the AAA building to a medical office building for better visibility. He believed that once his signage was not available to Diamond Bar Boulevard he would lose business. He also suggested that the theater be refurbished to professional use instead of retail. If the center accommodates the amount of food usage proposed there would likely be a parking problem. He understood the reason for revealing the anchor tenant when the time was right but he believed it would help the existing tenants if they had an interim arrangement so that they would not be looking for a new location. He was looking for support from the City and from the shopping center owner to remain at the center. NOVEMBER 8, 2005 PAGE 9 PLANNING COMMISSION Ann Cheon, Manager, Y.I.C. Taekwando, 2815 S. Diamond Bar Boulevard explained that she and her father own the studio and are 100 percent behind Mr. McCarthy. Her primary concern was that a lot of the older tenants were apprehensive about what would happen when new tenants came in and they would like for Mr. McCarthy to give some special consideration to the old tenants who had struggled to stay in business at the center. She said she wanted her concerns on the record and planned to speak with Mr. McCarthy in person. VC/Low closed the public hearing. C/Nolan said he still saw a lot of question marks and small negative nuances to the project that were not specific to his comments. When he goes to conferences and looks at what has been done to build and refurbish centers those plans are certainly more elaborate than the plans proposed by the applicant. He said he was still concerned about the lack of pedestrian walkways and to him it was not that difficult to include features that would break up the mass of the parking area. He was also concerned with the redundant uses of food and food courts. He understood that the landlord wanted to fill vacancies with viable tenants and businesses. He was also concerned about the anchor tenant. Mr. McCarthy stated the anchor was someone who had been in business for some time but citing previous tenants who have occupied the center, they did not succeed so he was still concerned about whether a grocery store was a viable anchor. He was also concerned about traffic mitigation, an overriding concern throughout the City. On a positive note, the increased revenue to the City was essential based on the recent loss of two large tenants. Also very important was the morale of the people in the area. He felt the area was indeed blighted and needed refurbishing. The City talks about redevelopment but it is not the City that is redeveloping the area, it is Mr. McCarthy who is putting his dollars on the line. Some of the comments made by the business owners are part and parcel of negotiations between them and Mr. McCarthy. Because the Planning Commission is recommending a solution to the City Council his inclination would be to recommend approval based on the fact that the City Council would further review the proposed project and perhaps have the ability to secure inducements that would make it more palatable for the business owners and forthe residents in the area. He felt this was one of the most important decisions that had come before him in his four years on the Planning Commission and believed that the City Council should have the opportunity to review the project and decide whether to move forward. NOVEMBER 8, 2005 PAGE 10 PLANNING COMMISSION C/Torng felt that this was a very important project for the City and could see there were areas of the project that needed to be improved. As Mr. McCarthy said, in his business he needs to have some private strategy to help guarantee success. Based on the center he visited that was 95 percent occupied, if The Country Hills Towne Center were 95 percent occupied this City would owe Mr. McCarthy a lot because it would be very important to the "life" of Diamond Bar. He felt that if Mr. McCarthy improved the landscape it would help improve the attendance at the center. He reiterated the residents' concerns that if the project moved forward Mr. McCarthy will have good communication with the current tenants so they would be able to chart their future. C/Torng moved, C/Lee seconded to recommend City Council approval of Zone Change No. 2004-1, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02. VC/Low agreed with C/Nolan that the concerns about the landscaping, the redundant uses and the questions regarding the anchor tenants were big question marks and rendered this project somewhat difficult. However, one does not decide a project based on the question marks but instead on careful balance between give and take. The gain for the City is that there is a project in the works that offers a solution to a desperate condition. She too was very appreciative that Mr. McCarthy was stepping up to move this project forward. Perhaps some of the other matters such as traffic and the aesthetics of the ground level of the center could be mitigated by the time the project reached City Council. She was concerned that the Commission was just now seeing the plans after two years of preparation and felt it may be necessary to place a time limit on permits and entitlements. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee, Nolan, VC/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/McManus 8. PUBLIC HEARING(S): 8.1 Zone Change No. 2005-01. In accordance with Development Code Sections 22.44 and 22.70 this was a request to change the existing zoning of commercial and industrial properties for the purpose of General Plan compliance. MINUTES OF THE CITY OF DIAMOND BAR STUDY SESSION OF THE PLANNING COMMISSION OCTOBER 25, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 5:38 p.m. Room CC -2 of the South Coast Air Quality Management District/Government Center Building, 21865 Copley Drive, Diamond Bar, California 91765. 1. ROLL CALL: Present: Chairman Joe McManus; Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner; David Alvarez, Planning Intern; and Stella Marquez, Senior Administrative Assistant A. Information Regarding the Country Hills Towne Center project ICDD/Fong presented staffs report. She pointed out that the requested zone change is consistent with the City's General Plan and the design for the project requires a Conditional Use Permit and Development Review. In addition, the applicant requested a Variance to deviate on the building heights in order to obtain better visibility from the Diamond Bar Boulevard street grade. Chair/McManus and VC/Low pointed out that that the majority of the proposed businesses are food related (95,000 square feet) and the retail is 50,000 square feet. Without the market the food related businesses total more than 50 percent of the entire area. C/Nolan asked who would pay the difference between the actual cost of $1.4 million in improvements and the $79,000 fair -share contribution and ICCD/Fong responded that other area developments would pay for the difference to mitigate the several intersections named in the report. There are no out-of-pocket expenses for the City with respect to this project. In fact, the total amount covers ultimate development to the year 2016 for the six intersections. C/Nolan asked why there was so much fascination with having a grocery store in the center because two of the nation's largest retailers failed in that location and there had been no grocery store in that location for six plus years. He said he also noticed that residents were managing to find a way to purchase groceries and that according to the parking study that the grocery store would use about a third of the total parking spaces. He wondered if the development company had considered an alternate use for the space and asked if all of the retail spaces were filled with OCTOBER 25, 2005 PAGE 2 PLANNING COMMISSION STUDY SESSION tenants? ICCD/Fong explained that shopping centers need major anchors to attract shoppers and that the ancillary retail businesses supplement and compliment that major anchor. Chair/McManus asked the applicant to make a presentation and comment on the types of businesses and how the parking was contemplated. VC/Low felt it was important to know if the particular mix of food and retail was good for the City because the City needed retail and food was somewhat limited. C/Nolan said he interpreted mixed use to include living space. C/Nolan asked if the proposed anchor tenant was a certainty and wanted to know if that tenant had experience in the grocery business other than as distributor. TCDD/Fong responded that the applicant was working with a prospective tenantthat had 15 or 16 stores and was currently in the business of owning and operating grocery stores. C/Lee asked for a more detailed explanation of the required and shared parking and the difference in numbers. TCDD/Fong responded that the center was required to have 1078 parking spaces and had only 1012 spaces so it appeared that the center was short the required number of parking spaces. However, the City's Development Code allows the center to conduct a shared parking study to meet the required number of parking spaces so the 1004 and 1012 numbers are correct. The 1004 number is the number of parking spaces needed at peak time for the highest use (1:00 p.m.) and the center meets the peak demand because it has 1012 parking spaces. It is common for a mixed-use shopping center to share parking spaces. C/Torng said he too was uncomfortable with the number of restaurants proposed for the center. Secondly, he was concerned about the proposed height and wanted to know what kind of signage would be placed on the tower. He felt that the median helped to mitigate the massiveness of the entry driveway. He also believed that the center should provide a left -turn signal out onto Cold Spring Lane at Diamond Bar Boulevard. He felt that the main entry was too large and had too many lanes. TCDD/Fong said staff agreed about the entry and the applicant modified the design with a wide landscaped area and waterfeature to narrow the entry leaving two lanes for ingress and two lanes for egress. With respect to the tower for the fast food restaurant (Building #17), the height was anticipated to be within the 35 -foot height requirement. The 49 -foot towers are proposed forthe main buildings that sit 20 feet below grade. ICDD/Fong indicated to C/Nolan that the residences on the west side were more than 200 feet away from the main buildings. The residents would have a view of the OCTOBER 25, 2005 PAGE 3 PLANNING COMMISSION STUDY SESSION fencing adjacent to the channel and then the backside of the building. Generally, the residences are at the same elevation as the main buildings. The medical building is 54 feet high at the peak of the parapet and only the third story of that building would be viewed from Diamond Bar Boulevard. Chair/McManus was concerned about pedestrian traffic and the lack of pedestrian walkways from one area to other areas of the center. VC/Low agreed. C/Nolan asked if staff was aware of how much sales tax the center would generate if it were built out as proposed and ICDD/Fong responded "no." She agreed that in general grocery stores were low sales tax revenue generators and in general, retail was the best sales tax revenue generator. C/Lee pointed out that there was a discrepancy in the number of parking spaces in the report and TCDD/Fong responded that it was a typing error and that 1003 was correct. C/Lee also felt there were too many restaurants and fast food business proposed for the center and wanted to know how many food retailers were proposed. ICDD/Fong explained that the demarcation lines did not necessarily project that there would be five restaurants in one location for example. If the developer found one tenant to occupy the entire 5000 feet of designated restaurant space it could mean one restaurant instead of five. Or, it could be divided into four smaller restaurants such as Subway, donut shop, etc. VC/Low felt the traffic study neglected the Brea Canyon/Golden Springs and Brea Canyon/Fountain Springs intersections. Shewas also concerned aboutwhetherthe high school peak hour traffic was taken into consideration. ICDD/Fong said that the City was implementing traffic mitigation measures along the two streets mentioned that would most likely discourage short trips and cut through. Tom Smith, Environmental Consultant, referred the Commissioners to page 15. The Table indicates that the distribution of traffic on those two streets is quite minimal. Most of the vehicles going to the shopping center will come from Diamond Bar Boulevard. C/Torng said he was told there would be an Asian market at the Center. TCDD/Fong said that the developer was precluded from limiting what types of businesses could locate in the shopping center. Michael McCarthy, applicant, stated that he purchased the property two years ago. As an investor he looks for failed shopping centers where past development failed to capitalize on demographics and other factors that would control the destiny of a particular shopping center. He gave a brief history of the shopping center and said that it suffered as a result of the market closing, a lack of density in the immediate trade area and because it was situated below grade. He pointed out that it is a OCTOBER 25, 2005 PAGE 4 PLANNING COMMISSION STUDY SESSION mistake for developers to design a shopping center based on what they might like while ignoring what the community and the neighbors in the demographic profile will support. In this case he spent more than a year on the project attempting to match the center with big box users, destination locations, regional players and national tenants, all of which turned the site down. After about a year he began looking more closely at the demographic base as being 55-60 percent Asian population and at that point he began to get strong interest in the shopping center. As a result, he focused his attention on anchoring the shopping center with an Asian market. Although he has not yet signed a market there are two potential tenants looking at the space. In addition, once the focus was centered on an Asian anchor market he began receiving proposals for the balance of the space, many of which were for food use. This concept is about bringing the neighborhood back into the neighborhood center. He felt that the interest in an Asian market and a variety of food centers would not prevail unless business owners felt they could survive and create synergy within the center. In keeping with ICDD/Fong's vision of the center, he decided to match the architecture with the average household income of residents living in "The Country Estates" because the center would then draw the higher income households as well as the lower income households in the surrounding area. In addition, the center would pull from other areas such as Puente Hills and Rowland Heights. Chair/McManus said the proposal resembled the center at Calabasas and he liked the fact that Calabasas had a 12-15 foot wide sidewalk with trees and park benches and that the center allowed vendors to set up carts on the weekends. Calabasas has a lot more retail but the concept is the same and it is a very user-friendly center. Mr. McCarthy agreed that if an environment were inviting the shoppers would come. Mr. McCarthy responded to C/Nolan that the closest project was the Phillips Ranch shopping center that he purchased in 2001. The center was in worse shape than the Country Hills Towne Center due to deferred maintenance and 50 percent occupancy. Today the center is about 90 percent complete and the total lease area is 124,000 square feet. Some of the old tenants moved into new spaces. Others could not afford the rent and moved to other shopping centers. On average the shop spaces rent for between $1.75 and $2.25 per square foot. He spoke about other projects. C/Nolan asked what grade Mr. McCarthy would give the Country Hills Towne Center and Mr. McCarthy responded that compared to Pomona Ranch the bones of the Country Hills Towne Center are stronger and that the general maintenance and structure are okay to a C+ or B- rating. The difficult part is that the center rests on a lower grade and the issue is how to get around that fact by increasing visibility. OCTOBER 25, 2005 PAGE 5 PLANNING COMMISSION STUDY SESSION Signage on Diamond Bar Boulevard is important and he said he would be coming back to the Planning Commission with a sign program. Studies indicate the community's need for a medical office building. The focus has been to obtain the City's entitlements and approval for the vision of the retail with the office building being secondary to the anchor tenant. The plan is for Phase I to include the market with the storefront colony extending across the center. Phase II would include the two-story walkup and dovetail into the medical building shortly thereafter. VC/Low asked Mr. McCarthy how much he expected the renovations to cost and how much of it is the developers own money and how much is capital he expects to obtain. Mr. McCarthy responded that the project is fully capitalized and expected it would take another $12 million to complete going forward from the present time. C/Torng asked if Mr. McCarthy expected to complete the project by December 2006 and Mr. McCarthy said he would like to break ground in January 2006. Mr. McCarthy responded to VC/Low that they were close to signing the anchor market and the focus had been on that aspect of the project. At that point the rest of the shopping center would come into line and the development of the anchor would proceed. VC/Low said she was concerned that so much of the space (two-thirds) was dedicated to food and wanted to know why that aspect would lend itself to making the center a community town center. What about the design makes it a community town center? Mr. McCarthy felt that the medical office and AAA would help balance the remainder of the center and stated that the entire center was about 225,000 square feet and food uses were about 54,000 square feet so the food portion was less than 25 percent of the overall space. VC/Low felt that that too many food spaces may result in a fall out. She asked if Mr. McCarthy had a plan for 25% food, 25% retail, etc., or was it a "free for all" concept according to the interest. Mr. McCarthy felt that his concept would work because he intended to pick from the highest quality restaurants according to types of food and that he had no intention of duplicating the types of foods - he intends to have one pizza parlor, one Chinese food restaurant, one Sushi bar, etc. ICDD/Fong said that staff was working with the applicant on several conditions of approval and since those items had not yet been completed staff would seek a continuance of tonight's public hearing to November 8. Chair/McManus said that the City could request certain things of the applicant but could not restrain trade to any great extent. Having a long history with small businesses, many fail. However, he was certain the applicant would do everything possible to make sure the center was successful. OCTOBER 25, 2005 PAGE 6 PLANNING COMMISSION STUDY SESSION C/Nolan recommended the Planning Commission schedule a field trip to visit the sites that the developer had successfully rehabilitated. His colleagues concurred. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the study session at 6:50 p.m. to the regular meeting. Respectfully Submitted, Nancy Fong Interim Comp unity Attest: Director MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 25, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Low led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Joe McManus; Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner; David Alvarez, Planning Intern; and Stella Marquez, Senior Administrative Assistant MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Ian Stewart, 20755 Northampton Street, said that his house was built in 1963. He wanted to build a garage/shop in the backyard area and if he were to meet the City's requirements the building would be about 10 feet from the back of his house leaving 20 feet behind the building to the property line. Since in his opinion a building in that location would not be functional and a poor use of his land he wanted to know if he had any options for placing the building in another location. ICDD/Fong recommended that Mr. Stewart visit the Planning Department at City Hall to discuss the matter. If Mr. Stewart wanted to deviate from the code he would need to apply for a variance and the matter would then come before the Planning Commission. Mr. Stewart said he was told by the City's Planning Department that a variance would not necessarily apply to his situation because the statute does not limit him from building the addition - it merely causes him to place the building in what he considers an inappropriate location. AssocP/Lungu said she spoke with Mr. Stewart and was told he wanted to build a workshop in his backyard. The code requires that the workshop meet the same setbacks as the residence which means that the workshop needs to be 20 feet from OCTOBER 25, 2005 PAGE 2 PLANNING COMMISSION the rear yard line and maintain the five and 10 -foot setback in accordance with the residential structure and not exceed the 40 percent lot coverage. If Mr. Stewart wishes to place the shop in a different location he must apply for a variance through the Planning Department to be reviewed by the Planning Commission would have to make the findings that related to something unusual about his lot that would cause him to not be able to meet the code rather than claiming a self-imposed hardship. Mr. Stewart said he would bring a site plan back to the Planning Department to determine whether a variance would be possible. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of October 11, 2005 C/Torng asked that his comments (third paragraph on page 3) be moved to after the close of the public hearing. C/Torng moved, V/C Low seconded to approve the Regular Meeting Minutes for October 11, 2005, as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: OLD BUSINESS: Torng, VC/Low, Lee, Chair/McManus None Nolan None 5.1 Planning Commission Policy and Procedures Manual VC/Low asked if staff could provide a copy of the manual with the old text stricken and the new text underlined. TCDD/Fong responded affirmatively. C/Torng believed that his proposed changes were completed. C/Nolan pointed out that pages 23 and 24 have bullet points that were underlined which would indicate to him that the changes were made. VC/Low said she did not want to assume that. Chair/McManus asked that page 16 be revised to rephrase the section regarding motions on amendments to make it clearer. He felt it would be a OCTOBER 25, 2005 PAGE 3 PLANNING COMMISSION good idea for new Commissioners to get together with staff to go over the items in the manual. C/Nolan moved, VC/Low seconded to continue review and discussion of the Planning Commission Policy and Procedures Manual to November 8, 2005. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 7. PUBLIC HEARING(S): None Nolan, VC/Low, Lee, Torng Chair/McManus None None 7.1 ZONE CHANGE NO 2004-1 CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 - In accordance with chapter 22 of the City of Diamond Bar Development Code, the applicant requested the following approval: A zone change from Neighborhood Commercial (C-1) to Community Commercial (C-2) District consistent with the General Plan Commercial designation; a Conditional Use Permit and a Development Review for the renovation of the fagade of the existing shopping center totaling 221,083 square feet; and a Variance to increase the building height for the proposed three story office/medical office building from 35 feet to 40 feet. The proposed renovations include the existing 45,031 square feet of existing in-line shop buildings or retail and restaurant uses with outdoor dining area, a new 49,100 square foot three story office/medical office building and a new 6,800 square foot two story office/retail building. PROJECT ADDRESS: Diamond Bar Boulevard between the northwest corner of Cold Springs Lane and the southwest corner of Fountain Springs Road (Country Hills Towne Center), Diamond Bar, CA 91765 PROPERTY OWNER/ MCC Realty Management APPLICANT: 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 OCTOBER 25, 2005 PAGE 4 PLANNING COMMISSION ICDD/Fong recommended that the Planning Commission open the public hearing, receive testimony and continue the matter to November 8, 2005. Chair/McManus opened the public hearing. Robert Troxel, 2732 Castle Rock Road, said he has lived in the area for 40 plus years and his home is situated directly behind Rite-Aid. On two previous occasions he attempted to have the previous property owner plant trees behind the center's parking lot. He also felt Rite-Aid should move their trash receptacles to the side of the building instead of over the fence from his property because the trash receptacles were rat infested. He said he had assurance from the previous owner that the air-conditioning units, vent pipes, etc., on top of the buildings would be covered with barriers. He asked the City to include the following in their approval: Plant trees of the same variety that exist behind the theater in the rear access area behind the existing buildings next to the existing fence adjacent to the flood control channel; provide barriers to conceal air-conditioning, vent pipes and other items on the roofs of the original existing buildings; request Rite-Aid to place their trash receptacles on the side of the building rather than against the fence. Rita Myer, 2634 Crooked Creek Drive (north of the theater) has lived in her home for 30 years. She noticed that the center had deteriorated over time especially after losing the grocery store. During the past two years the City has lost the one-hour photo, Subway, The Game Store, Hello Kitty store and the movie theater. Craig Cox, 2615 Rising Star said he was concerned about tonight's hearing because he agreed with the past two speakers. He wanted to know what the new owner intended to do and how he intended to fill the spaces and if the Planning Commission knew what businesses would be located in the center. Chair/McManus explained that the center has a new owner who is in the process of upgrading the center. The new owner presented plans to the Planning Commission tonight during the study session prior to this regular meeting. The owner is spending a lot of money to upgrade the center and has a vested interest in making sure the buildings are filled with tenants. Trushar Patel said his wife is an optometrist and has been at the center since it opened. If the Commission does not approve the plan for rehabilitation the OCTOBER 25, 2005 PAGE 5 PLANNING COMMISSION office will close and move to another location because the center is a ghost center. He said he would really like to see the City approve the plans the new owner has proposed. Lopez Espinosa said he has lived in Diamond Bar for 43 years and lives a block west of the shopping center. The last thing he wants to see when he exits his home is a three-story building. The center needs to be remodeled but a three-story level is not good for his front yard. Dr. Doshi wanted to locate at the center in order to have visibility from the street. When he first moved into the center there was a Ralph's Market and many other businesses including the theater. He said he was very concerned about the center because it affects his livelihood. In spite of many businesses leaving the center he has survived and thrived. He felt there were too many food courts proposed because in the past food businesses have failed in the center. A medical building sounds good but there are already too many empty medical offices in north Diamond Bar. Cecilia Camada said she had watched the center deteriorate to the point that it was no longer a center. As a resident she would like to see a grocery store, a Hallmark shop with a post office and a retail store where she can purchase a gift. She would not like to see a two -or three-story building in the center because she felt the area was too small to house that type of a building. She felt the owner should do something to fix the center but at the same time she believed he needed to survey the residents in the area to learn what types of businesses they would like to have at the center. Sonya Robinson has owned GNC for 12 years and has had her business at the center for that entire time. She was happy to move to the center but the day Ralph's left the center is the day the center began deteriorating and slowly it has "gone to the dogs." It is very difficult to continue paying rent and although she would like to hold on she may have to move to another area because she is not getting any answers about when the new owner is going to help the tenants. Tom Snyder, 2629 Rising Star, asked if there were plans available for public viewing. ICDD/Fong responded that plans were available for public viewing at City Hall and at the Diamond Bar Library. Mr. Snyder said he was concerned about where the three-story medical building would be built. ICDD/Fong pointed out the proposed location of the three-story building close to the childcare area using an overhead site plan. Mr. Snyder asked if the residents OCTOBER 25, 2005 PAGE 6 PLANNING COMMISSION would be notified about what businesses would be locating at the center. Chair/McManus explained that the City recommends what types of businesses go into a center but cannot restrict certain uses. The owner is putting more than $12 million dollars into rehabilitating this center and has a vested interest in making sure that it is successful. Roger Myer, 2634 Crooked Creek Drive asked how long it would take to complete the rehabilitation once the Planning Commission approved the plans. Chair/McManus responded that the owner of the center would like to get started as quickly as possible and possibly by January 2006 because the center was not currently generating any income. The reconstruction will be done first and future build -out will be done in phases after the rehab is completed. Mr. Myer wanted to know if the center ingress/egress would be impaired during construction and ICDD/Fong indicated that the current entry to the center would remain available. Richard Ortiz was also concerned about a three-story building and how it would affect the views of the neighboring residents on Cold Springs. He said he would rather have a three-story building on Diamond Bar Boulevard. Luna Chu, 2953 Rising Star Drive, said she did not believe a three story building was appropriate to back up to a pre-school and in the vicinity of the elementary school on Castle Rock near Evergreen because she feared there would be additional traffic on Cold Springs Lane that would create a safety hazard for the children. She was also concerned that there would not be enough people using the center even after it was built out. She goes to Brea or Chino Hills to shop because there are no places to shop in Diamond Bar and Diamond Bar is like a dead city, a pass through city to go somewhere else. She would prefer to have tenants commit to leasing space before the center was refurbished and more buildings were built. Chair/McManus commented that the City and the new owner were certainly hopeful that there would be increased traffic once the center was refurbished and that traffic mitigation was the primary concern of City staff. Michael McCarthy, applicant, requested the matter be continued to November 8, 2005. Chair/McManus continued the public hearing to November 8, 2005 OCTOBER 25, 2005 PAGE 7 PLANNING COMMISSION 8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng said that as a resident and Commissioner he would seriously evaluate the proposed Country Hills Towne Center project. C/Nolan felt the Country Hills Towne Center project was a major concern for Diamond Bar and that the Commission would do its due diligence to put together a recommendation to the City Council that was easily understood and would move forward. This is an opportunity for the City to revitalize the area and he hoped that the new ownerwould listen to his constituents' needs and wants, and move forward in a good business sense. C/Lee felt that all of the Commissioners were grateful to Mr. McCarthy for his decision to rejuvenate the Country Hills Towne Center. He hoped that the questions and comments put forth by the residents would not discourage Mr. McCarthy from his mission. He said that Mr. McCarthy intends to spend a great deal of money to accomplish his goals and in his opinion, if the City could expedite the approval it would be good for Mr. McCarthy and for the community. Based on his subjective experience C/Lee felt that at least 3,000 people per day would visit the center and take advantage of the food businesses and that they would naturally take advantage of other businesses within the center. VC/Low agreed with C/Nolan that the concerns are voiced because everyone wants to see a good project for the benefit of the developer and the community. She hoped that staff, the Commission and the property owner could work together to move the project forward in a timely fashion. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: ICDD/Fong stated that prior to the meeting she handed out flyers dealing with the November 3 Emergency Response and Narrow Streets Workshop. Dan Burton will talk about how to improve the walkability of the community. She encouraged the Commissioners to attend the discussion because the information pertains to the form -based code currently under consideration. Staff will provide meeting handouts for those who are unable to attend. TCDD/Fong reported that on October 18 the City Council received a brief report on the form -based code during their study session and the Council would like to schedule a joint meeting to review and discuss the form -based code. TCDD/Fong stated that the City Council also discussed the use of palm trees in the Target and Country Hills Towne Center shopping centers and the City Council directed staff to OCTOBER 25, 2005 PAGE 8 PLANNING COMMISSION compose language that would allow for limited use of palm trees as long as they were grouped together with other types of shade trees. ICDD/Fong confirmed the Commission's intent to forward a recommendation to the City Council to create a program for art in pubic places. ICDD/Fong said she would acquire information from other cities on their programs and place the item on the January agenda for discussion and possible action. Chair/McManus believed that some developers would voluntarily place art in their centers if it were mentioned to them during the approval process. VC/Low congratulated TCDD/Fong on the new look of Von's. Shopping Center. Chair/McManus reiterated his recommendation for new Commissioners to meetwith staff to discuss the Commissioner's Policy and Procedures Manual. 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 8:15 p.m. Respectfully Submitted, Interim Co4munity pevelopment Director Attest: �lr( () I ff (X' McManus, Chairman Attachment 5 Planning Commission Resolution Nos. 2005-37 and 2005-38 PLANNING COMMISSION RESOLUTION NO. 2005-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 TO THE CITY COUNCIL. THE REQUEST IS FOR THE RENOVATION OF THE EXISTING SHOPPING CENTER AND THE CONSTRUCTION OF A TWO-STORY OFFICE/RESTAURANT BUILDING AND A THREE STORY MEDICAL OFFICE BUILDING TOTALING 221,083 SQUARE FEET; THE VARIANCE IS TO INCREASE THE BUILDING HEIGHT FOR THE MAIN RETAIL BUILDING FROM 35 FEET TO 40 FEET, THE TWO STORY BUILDING FROM 35 FEET TO 40 FEET AND THE THREE STORY BUILDING FROM 35 FEET TO 54 FEET; AND MAKING FINDINGS IN SUPPORT THEREOF; THE SITE IS 18.36 ACRES, IN THE COMMERICAL DISTRICT, AND LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA;— APN: 8285-020-31 THROUGH 51. A. RECITALS 1. The applicant, Michael McCarthy of Country Hills DB, LLC, has filed applications for Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and Variance requests shall be referred to as the "Application." 2. On September 23, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, received public testimony and continued the public hearing to November 8, 2005 regular meeting. 4. At the continued public hearing of November 8, 2005, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above referenced meeting on October 25, 2005, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Neighborhood Commercial. Concurrent with the Application, a Zone Change No. 2004-01 from Neighborhood Commercial to Community Commercial is requested. (d) The Application with its site plans, building design, landscaping, and grading together with the conditions of approval and the mitigation are in conformance with the General Plan, the Development Code and the Design Guidelines. (e) The Application and the intended use together with all conditions of approval and the mitigation will not be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. The 2 Planning Commission Resolution No. 2005-37 Mitigated Negative Declaration review period began September 23, 2005, and ended October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. 3. The Planning Commission hereby specifically finds and determined 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 proposed project herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Conditional Use Permit (a) The proposed use is allowed within the subject zoning district with approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. Concurrently with the Application, the applicant requested fora Zone Change from Neighborhood Commercial (C-1) to Community Commercial (C-2). The development and renovation of the shopping centerrequires a Conditional Use Permit. The existing and proposed uses for the shopping center such as the future market, existing drug store, restaurants, retail uses, spa, medical office and office uses, are all allowed underthe Community Commercial (C-2) zone. The existing and proposed uses in the shopping center will comply with all applicable provisions of the Development Code and the Municipal Code. (b) The proposed use is consistent with the General Plan and the Development Code. Economic Development is a goal of the General Plan. The proposed project will implement this goal. The proposed project is consistent with the Diamond Bar Development Code. Planning Commission Resolution No. 2005-37 (c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The shopping center was originally constructed in the 1970's and renovated in the late 1980's before the incorporation of the City. The existing businesses such as the drug store, the restaurants, retail shops, etc., will remain in place. The proposed new uses such as a market for the major tenant, medial offices, offices, more restaurants and retail uses will add to the diversity of shopping and services for the surrounding residents. The existing and proposed uses will be compatible with the existing and future land uses in the vicinity. The proposed project will promote the aesthetics of the physical environment and adds to the economic and social character of the City. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The subject site is an existing shopping center with access off Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. The site with its renovation of the shopping center and the development of the two new buildings continued to be physically suitable for existing uses and the types of uses being proposed. (e) 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. 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. Granting this conditional use permit will improve the property and add value to the City in general. (f) The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQA) 15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and 4 Planning Commission Resolution No. 2005-37 traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The design and layout of the proposed project, the new design of the facade for the existing buildings are consistent with the General Plan, Development Code and Design Guidelines. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed project is to renovate an existing shopping center and the construction of two new office buildings. The design and layout of the existing buildings and the two new office buildings will not interfere with the use and enjoyment of existing surrounding uses. However, the two new office buildings will have an increase in traffic. Based on the mitigation program, the applicant is required to improve the southbound approach on Diamond Bar Boulevard at the intersection of Cold Springs Lane with a re -striping of a third through lane and a contribution of $79,593 for the project's share of the cost in funding future road improvements needed to alleviate cumulate impacts to traffic. The existing access for the shopping center will be improved further to provide for safe pedestrian walkway and address handicap accessibility. (i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed renovation together with the new buildings will create an aesthetically pleasing environment. Q} The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its Planning Commission Resolution No. 2005-37 neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed design of the building will provide a desirable environment for its occupants and visiting public. The design will encourage the public to visit often, shop and enjoy the aesthetically pleasing environment. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project will improve the value of the properties and provide positive impact to the City. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. Variance (m) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's 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 makes it obviously impractical to require compliance with the development standards. The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which defers visibility of the center from the street. The existing car wash at the corner of Cold Springs Lane and Diamond Bar Boulevard and the two story office building at the corner of Fountain Springs Planning Commission Resolution No. 2005-37 Road and Diamond Bar Boulevard also contribute to poor visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story medical office building behind the car wash site is 28 feet below Diamond Bar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. (n) 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 districts and denied to the property owner for which the Variance is sought. As referenced above in Item (m), granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning - districts. (o) Granting the Variance is consistent with the General Plan and any applicable specific plan. Due to the constraints of the project site being more than 20 feet below Diamond Bar Boulevard street grade, approving this Variance will be consistent with the General Plan. The project area does not have a specific plan. (p) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Variance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. (q) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation 7 Planning Commission Resolution No. 2005-37 Program, all potential impacts will be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommend approval subject to the following Special Conditions, Standards Conditions and Mitigation attached hereto and incorporate herein: A. General/Planning Division (1) The approval is for Country Hills Town Center totaling 221,083 square feet. The approval includes the renovations of the fagade for a 45,031 square feet supermarket building; a 21,400 square feet Ride Aide store; 65,154 square feet of existing in-line buildings for retail and restaurant users; a 4,000 square feet of outdoor dinning area; a drive-thru cafe; a neer 49,100 square feet three story office/medical office building and a new 12,408 square feet two story building for office and restaurant; the demolition of the existing child care center and a retail building at the south side of the site. (2) Variance No. 2004-02 is approved to increase the building height for the towers of the main retail building from 35 feet to 49 feet; the new two story retail/office building from 35 feet to 40 feet and the new three story medical/office building from 35 feet to 54 feet. (3) The final design of the project entry off Diamond Bar Boulevard shall be subject to Community Development and Public Works Directors review and approval prior to issuance of building permits. The design shall include small flowery trees next to tall palm trees. The palm tree species shall be of canary island date, date palm or king palm. The size of the palm trees shall be a minimum of 10 feet brown trunk. (4) Provide sufficient number of trash enclosure areas subject to the Community Development Director's review and approval prior to issuance of building permit. (5) All shopping carts shall be collected at the end of the business hours and stored inside the building of the supermarket and/or Rite Aide or in an approved outdoor screened area. 8 Planning Commission Resolution No. 2005-37 (6) The maximum square footage for restaurants and outdoor dinning shall not exceed 53,397 square feet. The restaurants square footage does not include the two existing drive-thru fast foods and the drive-thru cafe, the 5,000 square feet designated forfood court within the market building, and the in- line food users. In-line food users are defined as "express" fast food with limited seating of up to 14 seats and examples are'ice cream shops, bagel shops, donut shops, delicatessens and similar type of fast foods. (7) The keeping of the existing non -conforming pylon sign shall require a new variance application. (8) A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be used and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval priorto the issuance of building permits. (9) Landscaping: The site shall provide as close to 15 percent of the site area for landscaping as possible. Provide tree wells within the parking lot and planted with a small slow growing tree. Provide landscape areas along store frontage for planting of trees. Provide vine pockets in front of building columns. Provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to a breezeway. Detailed design shall be submitted for Planning Division review and approval prior to issuance of building permits. (10) For the tier of parking spaces located north of the central median landscape area, it shall be modified to show landscape areas. Final design subject to Community Development Director review and approval. (11) Add a flat roof tower overthe new drive-thru pick up windowfor the future cafe tenant. Final design subject to Community Development Director review and approval priorto issuance of building permits. (12) The entire length of the west elevation (rear) shall have cornice treatment at the top of the parapet consistent with the design at the east (front) elevation. 9 Planning Commission Resolution No. 2005-37 (13) The renovation of the existing building shall be in substantial construction prior to issuance of building permits for the two- story or the three-story building, whichever occurs first. The market tenant shall have occupancy prior to release of occupancy for the shell building of the two-story or three-story buildings, whichever occur first. (14) (a) The roof screen parapet wall for the two-story and three- story buildings shall be integrated in the design of the buildings. (b) New roof screen wall for screening existing and new roof equipment shall be provided. Design, materials and color of the new screen wall shall be submitted for Community Development Director review and approval prior to issuance of building permits. New screen wall shall be installed prior to occupancy. (15) Submit color and material samples for the project prior to issuance of building permits. (16) The applicant shall redesign and reconstruct the existing community bulletin board within the shopping center. Final design and placement of the community bulletin board shall be subject to Community Development Director review and approval. The community bulletin board shall be completed prior to release of occupancy. (17) Environmental mitigations: (a) The following measures shall be implemented to reduce equipment emissions and limit exposure to diesel particulate emissions: all diesel tucks should be fitted with particulate filters or traps; all construction workers should be advised to wear masks when working near diesel equipment or diesel trucks. (b) If during grading archaeological resources are encountered, construction. activities in the area of the find smut be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. 10 Planning Commission Resolution No. 2005-37 (c) If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Las Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the coroner determines that the remains are not recent the coroner will notify the Native American Heritage Commission for consultation. (d) Prior to commencement if demolition, a complete asbestos and lead paint survey shall be conducted on structures to be demolished at Country Hills Towne Center if they have the potential to contain asbestos or lead paint. If asbestos or lead paint materials are present, they will be handled by a trained and licensed asbestos or lead paint abatement contractor and disposed of in compliance with all applicable regulations. (e) Demolition, grading and construction operations shall be in accordance with Development Code section 22.28.120 (1 a) —7:00 am and 7:00 pm Monday through Saturday. If there are complaints regarding noise or other negative impact to the surrounding residents the demolition, grading and construction operation shall be restricted to within the hours of 7:30 am to 5:30 pm Monday through Friday. (f) Prior to the completion of construction activities, the southbound approach on Diamond Bar Boulevard atthe intersection with Cold Springs Lane shall be re -striped to provide a third through lane. (g) Prior to the final certificate of occupancy, the project shall assist the funding of road improvement needed to alleviate cumulative impacts to traffic. A contribution of $79,593.79 represents the project's share of the costs based on it relative contribution to worsening traffic condition. (18) Provide pedestrian connection from the public sidewalk to on- site for Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. 11 Planning Commission Resolution No. 2005-37 (19) Decorative textured pavement shall be provided at project entries (Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road) and across circulation aisles where there is a pedestrian pathway. Decorative textured pavement shall be provided at the terminus of the center landscape median island. Location, design materials and colors for the textured pavement are subject to Community Development Director review and approval. B. Engineering/Public Works (1) A Lot Line Adjustment shall be recorded prior to issuance of building permits for the three story medical office building and the supermarket building. (2) Upgrade the following driveways to current ADA standards: Cold Springs Lane, Diamond Bar Boulevard and Fountain Springs Road. (3) Remove concrete from parkway at Cold Springs Lane and replace with landscaping to match existing parkways to east and west of the project. (4) Eliminate all storm drain/irrigation water discharge through all retaining walls. All on site storm water shall be drained to underground drainage facilities. A drainage plan shall be submitted for Public Works Director review and approval prior to issuance of any permits. (5) Evaluate pavement conditions of the parking lot and implement improvements. Detailed plans shall be submitted for Public Works and Community Development Directors review and approval prior to issuance of any permits. (6) Provide protective fencing or barrier to the property frontage along Diamond Bar Boulevard at the top of the slope (7) Provide separate pedestrian access on Diamond Bar Boulevard and Sugar Pine to the shopping center. The entrance shall be posted to identify the location for ADA accessibility. The final design shall be subject to City Engineer and Community Development Director review and approval prior to issuance of building permit. (8) Show all utilities on the plans (i.e., Edison power poles along the westerly side of the property.) 12 Planning Commission Resolution No. 2005-37 (9) All parcels within the subdivision shall be annexed into the City Lighting and Landscaping Assessment District No. 38. (10) Submit on-site striping and signing plans for City Engineer review and approval prior to issuance of building permits. The striping for the parking spaces shall consider 90 degree parking angle subject to Community Development Director review and approval. (11) Post signs for No Truck Delivery at the project entry of Fountain Springs Road. C. Fire (1) All required fire hydrants shall be installed and tested and accepted prior to construction. (2) The required fire flowforthis development is 5,000 gallons per minute for 5 hours. The water mains in the street fronting this property must be capable of delivering this flow at 20 pounds per square inch residual pressure. (3) Provide the occupancy, type of construction, extent of fire lanes (indicated on the plans by shading or cross hatching), locations and sizes of all fire hydrants within 300 feet of all property lines. (4) Project subject to Fire Code Access Standards. (5) Fire Protection facilities including access must be provided prior to and during construction. (6) Submit architectural drawings, including site plan, floor plan, elevations, door and window schedules to Fire Prevention Engineering at 590 S. Park Avenue, Pomona, CA 91766. D. Building and Safety (1) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. (2) Fire Department approval is required. 13 Planning Commission Resolution No. 2005-37 (3) Submit code analysis and justification showing the following: • Each building square foot • Each building height • Type of construction • Sprinkler system • Each group occupancy • Property line location in relation to each building (side yard) • Exit analysis for each building (occupant load/corridor rating/exit width/exit signs) • Accessibility analysis for the entire site and for each building • Shaft rating/exterior walls construction/opening protection (4) The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature. (5) This project shall comply with the energy conservation requirements of the State of California Energy Commission. (6) This project shall comply with all Title 24 accessibility requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. (7) The project shall be protected by a construction fence and shall comply with the NPDES and BMP requirements. (8) Surface water shall drain away from building at a 2 percent minimum slope. (9) Specific location of tempered glass as required by code. (10) All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. (11) Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 14 Planning Commission Resolution No. 2005-37 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: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. APPROVED AND ADOPTED THIS 8th DAY OF NOVEMBER, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M. Low, Vice Chairperson I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of November, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioner: Torng, Lee, Nolan, V/C Low Commissioner: None Commissioner: Chair/McManus 15 Planning Commission Resolution No. 2005-37 p7,63 BAI:C� _ 3 COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) PROJECT #: CUP 2004-01, DR 2004-19 and VAR 2004-02 SUBJECT: Country Hills Towne Center APPLICANT: Country Hills DB, LLC/Michael McCarthy LOCATION: West of Diamond Bar Blvd., between Fountain Springs Rd. and Cold Springs Ln. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 brought within the time period provided by Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 16 Planning Commission Resolution No. 2005-37 (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. Signed copies of Planning Commission Resolution No. 2005 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the City within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety, Public Works and Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. 17 Planning Commission Resolution No. 2005-37 School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permits, whichever come first. All deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval shall expire if building per � � pits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one year time extension subject to Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved bythe City Council including: site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein and Development Code regulations 2. The Mitigation Monitoring Program approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. A property management association (HOA) shall be formed. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, parking areas and landscaping shall be provided by CC&R's or deeds and shall be recorded, prior to issuance of building permit. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently prior to the issuance of building permits. 4. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or 18 Planning Commission Resolution No. 2005-37 masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 5. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 6. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. 2. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the landscaping and irrigation comply with the approved landscape and irrigation plans. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 19 Planning Commission Resolution No. 2005-37 4. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE ENGINEERING/PUBLIC WORKS DIVISION, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL/SUBDIVISION Prior to final map approval or issuance of building permit, whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. 2. Prior to final map approval or issuance of building permit, whichever comes first, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. Prior to final map approval or issuance of building permit, whichever comes first, if any public or private improvements required as part of this project have not been completed by applicant and accepted by the City, applicant shall enter into an agreement with the City and shall post the appropriate security. 4. Cost Estimates for all bond or surety amounts shall be provided by the applicant and approved by the City Engineer. 5. Prior to final map approval or issuance of building permit, whichever comes first, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 6. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 7. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the detailed site plan and grading plan, as approved by the City Engineer. 8. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Division in addition to any other permits required. 20 Planning Commission Resolution No. 2005-37 9. Applicant shall label and delineate on detailed site plan any private drives or fire lanes to the satisfaction of the City Engineer. 10. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 11. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 12. Applicant shall provide digitized information in an Auto CADD format defined by the City for all related plans, at no cost to the City. 13. All activities/improvements proposed for this project shall be wholly contained within the boundaries of the project. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1. No grading or any staging or construction shall be performed prior to issuance of building permits. 2. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance and acceptable grading practices. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. 21 Planning Commission Resolution No. 2005-37 6. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 8. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 9. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. C. DRAINAGE All drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the County of Los Angeles and all fees required shall be paid by the applicant. D. UTILITIES Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 22 Planning Commission Resolution No. 2005-37 E. SEWERS Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. F. TRAFFIC MITIGATIONS All traffic signals plans and traffic mitigations shall be implemented in accordance with the Traffic Impact Analysis Report by Linscott, Law & Greenspan engineers dated July 25, 2005, priorto issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time the application was approved. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. The buildings shall be inspected for compliance prior to occupancy. 3. The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. 4. Fire Department approval is required. All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. 23 Planning Commission Resolution No. 2005-37 6. Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 7. Retaining wall design and calculations shall be submitted to the Public Works/Engineering division for review and approval concurrently with the grading plan check. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 24 Planning Commission Resolution No. 2005-37 PLANNING COMMISSION RESOLUTION NO. 2005-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE NO. 2004-01 FOR PROPERTIES LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA; APN: 8285-020-31 THROUGH 51. A. RECITALS 1. The applicant, Michael McCarthy of Country Hills DB, LLC, has filed an application for Zone Change No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject zone change request shall be referred to as the "Application." 2. On September 23, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application, received public testimony and continued the public hearing to November 8, 2005. 4. At the continued public hearing of November 8, 2005, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to the Planning Commission during the meetings on October 25 and November 8, 2005. including written and oral staff reports, this Commission hereby specifically finds as follows: a. The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. b, Concurrent with the Zone Change request is the request to renovate the entire shopping center and to add two new office buildings. The renovation will revitalize the shopping center which implements the economic goals of the General Plan. C. The change from Neighborhood Commercial to Community Commercial will allow a wider range of use that implements the City's economic goals and policies. d. The Planning Commission hereby finds that the Application identified above in this Resolution, has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070 and guidelines promulgated thereunder. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. A Mitigated Negative Declaration will be issued. e. 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 Zone Change set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds and recommends as follows: 2 Planning Commission Resolution No. 2005-38 (a) The City Council adopt Zone Change No. 2004-01 as delineated on the City's Zoning Map identified as Exhibit "A" and incorporated herein by reference: (1) That the existing commercial area located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Assessor Parcel Nos. 8285-020-31 through 8285-020-51 shall be zoned Community Commercial (C-2). The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 8TH OF NOVEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: uth M. Low, Vice Chairperson I, Nancy Fong, Acting 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 25th day of October 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ATTEST: Torng, Lee, Nolan, V/C Low None Chair/McManus 3 Planning Commission Resolution No. 2005-38 EXHIBIT "A" - DEVELOPMENT PLANS COUNTRY HILLS TOWNE CENTER CUP 2004-01 DR 2004-19 VAR 2004-02 California Environmental Quality Act Negative Declaration or Mitigated Negative Declaration City of Diamond Bar Community & Development Services Department Planning Divison - 21825 Copley Drive Diamond Bar, California 91765 Ph: (909) 839-7030 Fx: (909) 861-3117 www.CitvofDlamondBar.com TO: ® County Clerk, County of Los Angeles ❑ Office of Planning and Research Environmental Filing 1400 Tenth Street, Room 121 12400 E. Imperial Hwy., Room 2001 Sacramento, CA 95814 Norwalk, CA 90650 Project Title and File No.: Zone Change 2004-1, Conditional Use Permit 2004-01, Development Review 2004-19 and Variance 2004-02 Project Location: Diamond Bar Blvd., between northwest corner of Cold Springs Lane and southwest corner of Fountain Springs Road (Country Hills Town Center) Project Description: In accordance to Chapter 22 of the City of Diamond Bar Development Code, the applicant has requested the following approval: a zone change from Neighborhood Commercial (C-1) to Community Commercial (C-2) district consistent with the General Plan Commercial designation; a Conditional Use Permit and a Development Review for the renovation of the facade of the existing shopping center totally 221,083 square feet; and a Variance to increase the building height for the tower from 35 feet to 49 feet, the two-story building from 35 feet to 40 feet and the three-story building from 35 feet to 54 feet. The proposed renovations includes the existing 45,031 square feet market building, the existing 21,400 square feet Rite Aid store, the 70,724 square feet of existing in- line shop buildings for retail and restaurant uses with outdoor dinning area, a new 49,100 square feet three story office/medial office building and a new 12,408 square feet two story office/retail building. Project Sponsor: City of Diamond Bar 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 bythe applicant before this proposed Mitigated Negative Declaration was released for public reviewwould 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/City Council hereby finds that the Negative Declaration or Mitigated Negative Declaration reflects its independent judgment. 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 Community & Development Services Department/Planning Division 21825 Copley Drive Diamond Bar, CA 91765 (909)839-7030 The public was invited to comment on the proposed Negative Declaration or Mitigated Negative Declaration during the review period, which began September 26, 2005, and which ended October 25, 2005. Date received for filing and posting ❑ Los Angeles County Clerk's Office ❑ OPR W J a F - Z O IQIn V F Exhibit "B" — Proposed Mitigation Program CUP 2004-01/DR 2004-19NAR 2004-02 W0 O V 0 wO U p 0 U Q Z OC j U G O C j U C .@ J U m m m m 3 a.m m 3 a.y a 3 a.m m W �-y o 3 3 cm E ��._ c cm E c cm E o _ WZ a a a E=moo.% o md._ E"=caps E'=3a�0 JC7 Q Q Q a>ENO.. dEmO.- ,ENO.- Q (n O d N' N d O O z O z E£ E� 2 E EwE�o E Elm z z yZ, T F M J > c 7 c 3 E a E E E E wz m o.. m m'� m 0 0- � m o,- � m o•- m aU -om -oU oQ w to C w o o E C w 0 0 C w 0 o E C w o o E 0 o o o E 0 w o 0 E C o N E c a E c Eco E c o ma+m Eco tom E c o mom E ro Z mom mo mom oE> oE>oE� oO D. o 0 a og @p o�0 a� a� ompo,po 0 fn Lu N N N C UO maiUp m 5 ❑ ro0 Up ro0 Up ro0 Up roU U U c c ,�o -gym o m N N orom NNNU.:� N C N 3�L D E aNi�3o 0.0N o u m 00 w. o E o a c E E =.. y o m n m 3 c E m E� m me v0iwnro Ecc-..cv�E 0 ro w oL„crcEc o ycE `o �$ ->>E oma rro �8:2 Fml6- cNaEJ X O �O' ' CO -O p 0 ro c 0 E0 mU o s N O troUF-o2 3 E U ro E s v u c m Z v Lo E° o V OmaEco' 0 Z Q O E N V Y C E N O C N Q N N Q C OO w E C 'O N N= �' Ua�i o �N rn�Em '9 'ooc aci vi r �.��E.>_ m n ow Eai m .o in > o�._ m 3'- N 2 o f ,.- roN m m mro o,.,ym c o Y T O U '= �- N o o o o '� 3 c 0 c L C C% N y U C> N✓ m M -0N om a o Y ` C rmii, o �2v'- 2moc,Z` a L' F E 3 O O O O N UC C m N d •N N 0 U C d 0 ] O 3@ G d' U C N O E � d S N cm N N N m N— m N mU o c 'o Q m o o_ E 0 0 E_Z` �o.c `-�� �.. 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OR C U 'y N N O U Y L ON F - " o o. E Ea�m > oo E @ o a 0wo"QEEi �mJ-�oa"i�' o �E N N N O C 3 d 0 YJ 12 d C B N N @ O O C 7 0=. @ p O N Y U @ 01 O (/I p N N IL N U 3 o E N G,N E N. O NO U N CL p @'O� mm C yj C N C N N C O O .- E d N Y p U i N U U O .O C o a`m�mrna oo>- . U m C'1 C m 'p N O ❑ U@ M (n S 14 October 2005 Nancy Fong City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA, 91765-4178 RE: Country Hills Town Center, Diamond Bar Dear Nancy: Kindly accept this letter as MCC's formal response to an outstanding issue related to the parking and traffic study completed by Linscott Law & Greenspan and independently reviewed by Sasaki Transportation Services. MCC is excited about the prospects of commencing construction in the near future and revitalizing Diamond Bar's largest neighborhood shopping center. Linscott Law & Greenspan has concluded that the proposed uses and total rentable areas are balanced with the available parking. Sasaki Transportation Services has suggested that an additional 5.0% to 10.0% buffer over peak demand periods should be provided. MCC would like to suggest that the city planners approve Linscott Law & Greenspan's conclusion without any modification. MCC's suggestion is based on the following 1. Linscott Law & Greenspan's conclusion is that the site is `balanced'; and should not be subject to a subjected parking penalty as it should not be subject to a subjective parking bonus. 2. Even if during peak periods, portions of the parking field are full and customers must park and walk to their final shopping destination, this is a preferred shopping experience that both developers and city planners have created in `life style' centers. The Country Hills Town Center's tenant mix, above standard design elements and layout exemplifies an Asian themed `life style' center, and would ideally realize a park and walk shopping experience. 3. Traditional shopping experiences have evolved into urban shopping experiences that encourage shoppers to patronize more than one retailer per trip. For instance, shoppers will pick-up a cappuccino prior to heading to the market, bakery and drugstore. Or, by way of another example, a doctor within ttie medical office building might invite its staff for lunch at a restaurant within the shopping center. These shopping patterns maximize the efficiency of the existing parking and provides for a parking surplus not accounted for in Linscott Law and Greenspan study. 4. Generally, the Country Hills Town Center is a market/drug anchored neighborhood shopping center with over 1,000 car parking situated on over 18 acres of land. A neighborhood shopping center with over 1,000 car parking is considered to have an abundance of parking (its one of Country Hills Town Center's most attractive features). Most neighborhood shopping centers are situated on 8 to 12 acres of land with parking counts ranging between 450 to 600 cars. Exhibit "C" — Applicant's response letter CUP 2004-01/DR 2004-19NAR 2004-02 Nancy Fong City of Diamond Bar 14 October 2005 page 2 Kindly let me know if the above reasons to accept and support Linscott Laws & Greenspan's parking conclusion are satisfactory with the planners of the City of Diamond Bar. Respectfully yours, Michael D. McCarthy MCC Realty Investments Copy: Glenn Pierce (both via email) Richard Barretto Exhibit "D" — Summary of Traffic Impact & Shared Parking Analysis CUP 2004-01/DR 2004-19NAR 2004-02 14.0 SUMMARY OF FINDINGS AND CONCLUSIONS • Project Description —Country Hills Towne Center is an existing mixed-use center with approximately 169,777 square -feet (SF) of retail/commercial/entertainment floor area. The existing retail center is located west of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road in the City of Diamond Bar, California. As of January 2004, the occupied development at Country Hills Towne Center consists of approximately 114,795 SF of GLA (68% occupied), consisting of 83,856 SF of retail/commercial space, a 23,574 SF theatre and 7,365 SF day care center. The vacant floor area totaled 54,982 SF of GLA (32% vacant). The proposed expansion project includes the construction of a four-story, 49,100 SF medical office building, a new two-story 12,408 SF restaurant/office building, and demolition of a 7,365 SF day care center and 10,034 SF retail building. At completion of the proposed project, the Country Hills Towne Center will have an overall floor area of 221,083 SF and 1,003 parking spaces, with approximately 4,000 SF of outdoor dining area. • Study Scope — The following intersections were selected for detailed peak hour level of service analyses under Existing (Year 2003) Traffic Conditions, Year 2006 Cumulative Traffic Conditions without and with Project Traffic, and Year 2016 Cumulative Traffic Conditions without and with Project Traffic: 1. Brea Canyon Road (West) at Pathfinder Road 2. SR -57 SB Ramps at Pathfinder Road (CMP intersection) 3. SR -57 NB Ramps at Pathfinder Road (CMP intersection) 4. Brea Canyon Road (East) -Fern Hollow Drive at Pathfinder Road 5. Diamond Bar Boulevard at Pathfinder Road 6. Diamond Bar Boulevard at Shadow Canyon Drive 7. Diamond Bar Boulevard at Fountain Springs Road 8. Diamond Bar Boulevard at Sugarpine Place 9. Diamond Bar Boulevard at Cold Springs Lane 10. Brea Canyon Road at Diamond Bar Boulevard The analysis is focused on assessing potential traffic impacts during the morning and evening commute peak hours (between 7:00-9:00 AM, and 4:00-6:00 PM) on a typical weekday. • Level of Service (LOS) Standards and Significant Impact Criteria - Impacts to local and regional transportation systems are considered significant if: ➢ An undesirable peak hour Level of Service (LOS) (i.e. LOS E or F) at any of the key intersections is projected. The City of Diamond Bar considers LOS D (ICU = 0.801 - 0.900) to be the minimum desirable LOS for all intersections; and ➢ The project increases traffic demand at the key signalized study intersection by 2% of capacity (ICU increase >_ 0.020), causing or worsening LOS E or F (ICU > 0.901). LINSCOTr, LAW & GREENSPAN, engineers 42 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar ,Sidi. `OA'_516 Rgn,n _i5fr Fiinl Couuvy Hill: Tno nc C.nwr TL\ :__..,pi> Ziac • Existing Traffic Conditions — Three of the 10 key study intersections currently operate at an adverse service level during the AM and/or PM peak hour based on the City's LOS standards. This intersection is are reported below: Key Intersection AM Peak Hour PM Peak Hour 1. Brea Canyon Road (W)/Pathfinder Rd LOS E Brea Canyon (E)-Fem Hollow/ 4' LOS E Pathfinder Rd 10. Brea Canyon Rd/Diamond Bar Blvd LOS E The remaining seven key study intersections currently operate at LOS D or better during the AM and PM commuter peak hours. • Project Trip Generation - The Country Hills Towne Center Expansion project, when compared to the trip generation potential of exiting occupied floor area at the center, is expected to generate an additional 3,275 daily trips, with 99 more trips produced in the AM peak hour and 262 more trips produced in the PM peak hour on a "typical" weekday. • Year 2006 Cumulative Traffic Conditions — An analysis of future (Year 2006) background traffic conditions indicates that cumulative traffic will impact the following four intersections. Key Intersection AM Peak Hour PM Peak Hour 1. Brea Canyon Road (W)/Pathfinder Rd LOS E 4. Brea Canyon (E) -Fern Hollow/Pathfinder LOS E 5. Diamond Bar Blvd/Pathfinder Rd LOS E 10. Brea Canyon Rd/Diamond Bar Blvd LOS E LOS E The remaining six key study intersections are expected to continue to operate at adequate set -vice levels (LOS D or better) during the weekday AM and PM peak commute hours.' • Year 2006 Cumulative Traffic Conditions Plus Project — The results of the traffic analysis indicates that the project traffic will not significantly impact any of the 10 study intersections when compared to the City's LOS standards and significant impact criteria defined in this report. • Year 2016 Cumulative Traffic Conditions — Five of the 10 study intersections are projected to operate poorly under Year 2016 cumulative traffic conditions. These intersections, reported below, are forecast to operate at a poor LOS during the peak hour indicated. Key Intersection 1. Brea Canyon Rd (W)/Pathfinder Rd Brea Canyon Rd (E)/Fem Hollow - 4' Pathfinder Rd 5. Diamond Bar Blvd/Pathfinder Rd 9. Diamond Bar Blvd/Cold Spring Lane 10. Brea Canyon Rd/Diamond Bar Blvd AM Peak Hour PM Peak Hour LOS F LOS E LOS F LOS F LOS E LOS F LOS F Lmscm, LAw& GREENSPAN, engineers 43 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar IN 05116±p42536,R1,11,12i?6 find C rumn HiIH To..uct nu,, TIA\ 25-'09S d" The remaining five key study intersections are forecast to operate at LOS D or better during the commuter peak hours. • Year 2016 Cumulative Traffic Conditions Plus Project — The results of the traffic analysis indicates that project traffic will contribute to the degradation of the following five intersections forecast to operate at a poor LOS in the Year 2016, but only significantly impact one, Diamond Bar Boulevard at Cold Springs Lane. Key Intersection 1. Brea Canyon Rd (W)/Pathfinder Rd Brea Canyon Rd (E)/Fern Hollow - 4. Pathfinder Rd 5. Diamond Bar Blvd/Pathfinder Rd 9. Diamond Bar Blvd/Cold Spring Lane 10. Brea Canyon Rd/Diamond Bar Blvd AM Peak Hour PM Peak Hour LOS F LOS E LOS F LOS F LOS E LOS F LOS F However, the implementation of recommended cumulative improvements at the five impacted intersections will ensure acceptable service levels are achieved. • Project Fair -Share Contribution: Per the City of Diamond Bar requirements, the Country Hills Towne Center Expansion project can be expected to pay a proportional "fair -share" of the improvement costs of these intersections to offset its long-term cumulative traffic impacts. The project's "fair -share" contribution towards the costs to construction of improvements recommended at the five intersections listed below totals $79,593.79. Totals $1,476,313.00 $79,593.79 • CMP Compliance Assessment. No significant transportation impacts are expected to occur on the Los Angeles County Congestion Management Program roadway network due to the development and full occupancy of the proposed expansion project. LINSCOTT, LAW $ GREENSPAN, on(Jineers 44 LLG Ref. 2-04-2536 Country Hills Tome Center Expansion, Diamond Bar u niv0"QA^_>i6Rgnnf^i!6 Fiml (ani 1, Hills T,,•ac CanaTI \ 7-1 _.-i do. Project Fair - Cost of Share Key Intersection Improvement Contribution 1. Brea Canyon Rd (W)/Pathfinder Rd $258,875.00 $6,471.88 Brea Canyon Rd (E)/Fem Hollow- 4 $37,500.00 $3,225.00 Pathfinder Rd 5. Diamond Bar Blvd/Pathfinder Rd $520,813.00 $33,332.03 9. Diamond Bar Blvd/Cold Spring Lane $18,750.00 $2,625.00 10. Brea Canyon R/Diamond Bar Blvd $640,375.00 $33,939.88 Totals $1,476,313.00 $79,593.79 • CMP Compliance Assessment. No significant transportation impacts are expected to occur on the Los Angeles County Congestion Management Program roadway network due to the development and full occupancy of the proposed expansion project. LINSCOTT, LAW $ GREENSPAN, on(Jineers 44 LLG Ref. 2-04-2536 Country Hills Tome Center Expansion, Diamond Bar u niv0"QA^_>i6Rgnnf^i!6 Fiml (ani 1, Hills T,,•ac CanaTI \ 7-1 _.-i do. • City Code Parking Requirements — The required number of parking spaces for the Country Hills Towne Center after completion of the proposed expansion plan, based on City parking code, total 1,219 spaces. With a proposed parking supply of 1,003 parking spaces, the Country Hills Towne Center project does not meet the parking code requirement of 1,219 spaces resulting in a total theoretical parking deficiency of 216 spaces. • Shared Parking Analysis Results — The results of the shared parking analysis, which is based on the ULI Shared Parking methodology, validate that the proposed parking supply will provide adequate parking at the Country Hills Towne Center during the peak hours of a "typical" weekday and weekend day. During the weekday peak hour, a peak -parking requirement of 1,002 parking spaces is projected; the peak -parking requirement during the weekend peak hour totals 844 parking spaces. With a planned parking supply of 1,002 parking spaces, a surplus of 1 parking space and 159 parking spaces is projected at the project site during the weekday and weekend peak hour, respectively. LINSCOTr, LAW & GREENSPAN. engineers 45 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar N''500]04536Rdwrt'3i36Final (amnr; Hills TowmC:nmr Ti.\' 9.0 AREA -WIDE TRAFFIC IMPROVEMENTS For those intersections where future traffic volumes are expected to result in poor operating conditions, this report identifies planned/recommended roadway improvements that change the intersection geometry to increase capacity. These capacity improvements involve roadway re - striping to reconfigure (add lanes) to specific approaches of a key intersection. The identified improvements are expected to: mitigate the impact of area -wide deficiencies, and/or improve Levels of Service to an acceptable range. 9.1 Recommended Cumulative Improvements The improvements summarized in Table 9-1 are recommended to mitigate the cumulative traffic impact of existing traffic, future non -project (ambient growth and cumulative projects) traffic and project traffic (discussed in detail in Section 8.2.2). The Country Hills Towne Center Expansion project can be expected to pay a fair -share of the construction costs to implement these mitigation measures. Review of Table 9-1 shows that the improvements necessary for the long-term (Year 2016) at the intersections of Brea Canyon Road (West) at Pathfinder Road, Brea Canyon Road (East) -Fern Hollow at Pathfinder Road, Diamond Bar Boulevard at Pathfinder Road, Diamond Bar Boulevard at Cold Springs Lane, and Brea Canyon Road at Diamond Bar Boulevard will cost roughly $1,476,313.00 to construct/implement. Appendix D includes the cost estimate calculation worksheets prepared for each of the recommended cumulative improvements. LiNscom LAW & GREENSPAN, engineers 28 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar .N:;pp_`nJ]5WRawu 25A Fiml (bump MI; Taonc Cann TI.\ I-_S-`Pit9 J,, TABLE 9-1 SUMMARY OF RECOMMENDED IMPROVEMENTS AND COST ESTIMATES Key Intersection Improvement Description Cost Estimate 1. Brea Canyon Road (West) at Widen and/or restripe Pathfinder Road to provide a second $258,875.00 Pathfinder Road eastbound left -tum lane and a second westbound right -turn lane. The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re-cut/install new vehicle loop detectors, modification to traffic signal controller). 4. Brea Canyon Road (East) Fern Restripe westbound approach and departure on Pathfinder $37,500.00 Hollow at Pathfinder Road Road to provide a third through lane. Restripe southbound approach on Fem Hollow to provide an option left -through - right -turn lane and a separate right -tum lane. The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re- cut/install new vehicle loop detectors, modification to traffic signal controller), as well as the restriction of on - street parking. 5. Diamond Bar Boulevard at Restripe northbound approach and departure on Diamond $520,813.00 Pathfinder Road Bar Boulevard to provide a third through lane, and restripe existing bike lane as necessary. Widen and restripe southbound approach and departure on Diamond Bar Boulevard to provide a second right -turn lane and a third through lane. The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re-cudinstall new vehicle loop detectors, modification to traffic signal controller), as well as the termination of the existing bike lane. 9. Diamond Bar Boulevard at Restripe northbound approach and departure on Diamond $18,750.00 Cold Spring Lane Bar Boulevard to provide a third through lane. The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re- cut/install new vehicle loop detectors, modification to traffic signal controller), as well as the termination of the existing bike lane. 10. Brea Canyon Road at Diamond Widen and/or restripe northbound approach on Brea $640,375.00 Bar Boulevard Canyon Road to provide a second right -tum lane. Widen and/or street eastbound approach and departure on Diamond Bar Boulevard to a third through lane. Restripe westbound approach on Diamond Bar Boulevard to provide a second left -tum lane. The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re-cut/install new vehicle loop detectors, modification to traffic signal controller), as well as the termination of the existing bike lane. Total Costs of Recommended Improvements $1,476,313.00 LINsco-H, LAW & GREENSPAN, engine 29 LLG Ref. 2-04-2536 Country Hills Tome Center Expansion, Diamond Bar 21)0 't�+_iaS Rqum"iS Finn1 ('ruavy HiM To,.nc Conor Tld 7-25-100J., 10.0 PROJECT FAIR -SHARE CONTRIBUTION The transportation impacts associated with the Country Hills Towne Center Expansion project were determined based on both a near-term (Year 2006) and long-term (Year 2016) traffic analysis. As summarized in Tables 8-1 and 8-2, the proposed expansion project will significantly impact only one intersection, but contribute, on a cumulative basis, to the forecast poor service levels at four additional intersections. As such, the Country Hills Towne Center Expansion project can be expected to pay a proportional "fair -share" of the improvement costs of the impacted intersections where improvements are recommended to mitigate area -wide deficiencies. Table 10-1 presents the project's fair -share contribution of the cost to construct the recommended improvements at the five study intersections projected to operate at LOS E or F in the Year 2016. These fair share calculations are based on the recommended methodology contained in the City of Diamond Guidelines for the Preparation of Traffic Impact Analysis Report. As presented in this table, the first column (1) presents the project -related peak hour traffic. The second column (2) presents total related project's traffic. The third column (3) represents what percentage of total new peak hour (project plus related projects) traffic is project -related traffic. Columns (4) and (5) present the cost of the recommended improvements, and the project's fair -share contribution. Review of Table 10-1 shows that the Country Hills Towne Center Expansion project's fair share contribution towards recommended intersections improvements totals $79,593.79. LINscon, LAW & GREENSPAN, engineers 30 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar 15n0 204'516 R,,W2116 Wsl (oump Hills Toone (lum HA ;-I _. _yip: &I Z 0 t- m t - z o w T J = m N cc a LL U w O CL CL o 0 0 C w 'L C v o 'o U L a 0 0 0 0 0 0 Iri .Mr W Foo O 00 l� M M d o0 r z U L 69 69 69 8 M L y � F V] d b� oo a U L d d •o a c; U F d L a u o L vaF w w w w b O •d o `� N O b u4 b N Q WKi N O d 4 O P4 N O ioi O in N O p g b Ca pp/, o m Pte. W w q T 94 x ww mx Aa, AV) wm .. d vi Orn o 13.0 PARKING SUPPLY -DEMAND ANALYSIS Analyzing the supply -demand relationship of Country Hills Towne Center involves determining the parking needs in relation to the existing and/or future parking supply. hr general, there are two methods that can be used to determine the parking demand. These are: 1) application of City code parking requirements (which typically treats each use as a "stand alone" use at maximum demand); and 2) analysis of shared parking usage patterns over time (which recognizes that the parking demand for each use varies by time of day, day of week, and month of year). The shared parking methodology is certainly applicable to a development such as the Country Hills Towne Center, as the individual land uses (i.e., retail, restaurant, office, etc.) experience peak demands at different times of the day. 13.1 City Code Parking Analysis As a benchmark, the number of parking spaces required to support the Country Hills Towne Center, after completion of the propose expansion plan, was first conducted by using the parking codes per Chapter 22.30 Off -Street Parking and Loading Standards of the City of Diamond Bar Municipal Code and comparing it to the proposed parking supply provided by the project as indicated in the site plan. 13.1.1 Proposed Parking Supply Based on information provided in the proposed project site plan, a total of 1,003 parking spaces would be provided on surface lots located throughout the site. 13.1.2 Proposed Project Parking Requirements The City's parking code (Section 23.30.040) for existing and proposed land uses of the Country Hills Towne Center is as follows: Shopping centers (shall use unsegregated parking area): I space for each 200 SF of gross floor area for centers of less than 20,000 SF and 1 space for each 250 SF of gross floor area for centers of 20,000 to 50,000 SF, and 1 space for each 300 SF of gross floor area for centers over 50,000 SF, plus 1 space for each 1,000 SF of outdoor display area. • Restaurants (except fast-food): 1 space for each 75 SF of gross floor area for patrons, plus 1 space for each 300 SF of service area, plus 1 space for each 100 SF of outdoor dining area. • Restaurants, fast-food: 1 space for each 100 SF of gross floor area, plus 1 space for each 100 SF of outdoor dining area. • Offices, administrative, corporate: 1 space for each 400 SF of gross floor area. • Clinics, medical/dental offices: 1 space for each 250 SF of gross floor area LINsoorr, Lnw & GREENSPAN, engineers 35 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar N'i(10y,A2i!e Rqun._`5D6 FhW( —nu; HiM Tuv tie Center TI k --- J. The City parking codes were applied to the proposed project development tabulation and Table 13-1 summarizes the parking requirements for the Country Hills Towne Center after completion of the proposed expansion plan. As shown, direct application of the City's code to the proposed development results in a code -parking requirement of 1,219 spaces. With a proposed parking supply of 1,003 spaces, the Country Hills Towne Center project exceeds the parking code requirement of 1,219 spaces resulting in a total potential deficiency of 216 spaces. These parking requirements reflect the total parking demand of the center assuming each use is a "freestanding" development at maximum demand and does not consider the "sharing" of parking spaces or time of day parking demand needs. LINSCOTT, LAW & GREENSPAN, engineers 36 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar N ]506120425}6 Rqn+a 2>s0 PinA Caai, Hill; T,) -n (unci TI.--\ TABLE 13-1 CITY CODE PARKING REQUIREMENTS" Source: City of Diamond Bar Municipal Code, Section 22.30.040. —Number of Parking Spaces required. 14 Restaurant floor area consists of approximately 37,365 SF of gross floor area dedicated to patrons, and 16,014 SF of service area. Approximately 4,000 SF of outdoor dining area is provided/proposed. LINSCorr, LAw& GREENSPAN, engIneers 37 LLG Ref. 2-04-2536 Country Hills Tovme Center Expansion, Diamond Bar Sr_5@i,N)42i G Rvpun `555 Final (aunq. Hllle Towne ( cn,o TL\ 7-13-'00 do Square -feet of Gross Floor City of Diamond Bar Spaces Project Description Area (SF — GFA Code Parking Ratio Required Major Tenants, Retail Shops, Office/ I space per 300 SF — GFA for centers Medical Suites, Bank, etc. 90,614 SF over 50,000 SF, plus 1 space for each 302 1,000 SF of outdoor display area 1 space per 75 SF — GFA for patrons, Restaurants with 4,000 SF of outdoor 53,379 SF 14 plus 1 space per 300 SF of service area, 591 dining area plus 1 space per 100 SF of outdoor dining area Fast -Food 7,990 SF 1 space per 100 SF — GFA, plus 1 space 80 for each 100 SF of outdoor dining area AAA DB District Office 20,000 SF I space per 400 SF - GFA 50 Proposed Medical Office Building 49,100 SF 1 space per 250 SF - GFA 196 Total Floor Area: 221,083 SF Total Code Parking Requirement: 1,219 Proposed Parking Supply: 1,003 Parking Surplus/Deficiency (+/-): -216 Source: City of Diamond Bar Municipal Code, Section 22.30.040. —Number of Parking Spaces required. 14 Restaurant floor area consists of approximately 37,365 SF of gross floor area dedicated to patrons, and 16,014 SF of service area. Approximately 4,000 SF of outdoor dining area is provided/proposed. LINSCorr, LAw& GREENSPAN, engIneers 37 LLG Ref. 2-04-2536 Country Hills Tovme Center Expansion, Diamond Bar Sr_5@i,N)42i G Rvpun `555 Final (aunq. Hllle Towne ( cn,o TL\ 7-13-'00 do 13.2 Shared Parking Analysis 13.2.1 Shared Parking Rationale and Basis Accumulated experience in parking demand characteristics indicates that a mixing of land uses results in an overall parking need that is less than the sum of the individual peak requirements for each land use. Due to the proposed mixed-use characteristics of the Country Hills Towne Center, opportunities to share parking can be expected. The objective of this shared parking analysis is to project the peak parking requirements for the project based on the combined demand patterns of different land uses at the site. Shared Parking calculations recognize that different uses often experience individual peak parking demands at different times of day, or days of the week, or even months of the year. When uses share a common parking footprint, the total number of spaces needed to support the collective whole is determined by adding parking profiles (by time of day, week, and year), rather than individual peak ratios as represented in Chapter 22.30 Off -Street Parking and Loading Standards of the City of Diamond Bar Municipal Code. There is an important common element between the traditional "code" and the Shared Parking calculation methodologies; the peak parking ratios, or "highpoint" for each land use's parking profile, typically equals the "code" parking ratio for that use. The analytical procedures for Shared Parking Analyses are well documented in the Shared Parking publication by the Urban Land ,Institute (ULI). Shared parking calculations for the Country Hills Towne Center utilize peak parking ratios and hourly parking accumulations developed from field studies of single developments in free-standing settings, where travel by private auto is maximized. These characteristics permit the means for calculating peak parking needs when land use types are combined. Further, the shared parking approach will result, at other than peak parking demand times, in an excess amount of spaces that will service the overall needs of the Country Hills Towne Center. 13.2.2 Shared Parking Analysis Procedure The proposed Shared Parking calculation procedure for the Country Hills Towne Center is as follows: L Identify the land uses and quantities (floor area, theater seats, restaurant square -footage etc.), within the Country Hills Towne Center to be utilized in the Shared Parking model. 2. Determine the peak -parking requirement for each land use component based on factors from the City's Parking Code. 3. If necessary, adjust parking demand component for seasonal variation (i.e. different use peak at during different months of the year). LINSCOTT, LAW & GREENSPAN, engineers 38 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar N 15 (10 r(14]g16 R<pnn^_53o Final Counu:. Hill <Tou is (' unto -TIA 7-2> 2UO) ,,1nc 4. Adjust for any parking supply component that will be unavailable for sharing. Examples are spaces that will be exclusively dedicated and/or accessible by only one use type. 5. Determine the total demand for the site, by time of day, based on the summation of the demand profiles developed by the Urban Land Institute (ULI) and published in Shared Parking. Isolate the maximum demand level between 6:00 AM and Midnight. This maximum demand level is the minimum standard for sizing (in terms of spaces) the parking supply for that study area. 13.2.3 Shared Parking Analysis Results Tables 13-2 and 13-3 present the weekday and weekend parking demand for the Country Hills Towne Center, respectively. Columns (1) through (5) of these tables present the parking accumulation characteristics and parking demand of the Country Hills Towne Center project for the hours of 6:00 AM to midnight. Column (6) presents the expected joint -use parking demand for the entire site on an hourly basis, while Column (7) summarizes the hourly parking surplus/deficiency for the proposed project compared to a parking supply of 1,003 spaces. Note that the sizing (floor area or number of seats) of each component, and recommended parking ratios are included in the tabular headings of each type. Based on our experience, the shared parking approach summarized in Tables 13-2 and 13-3 are believed to be the most appropriate in evaluating the parking supply -demand relationships for the Country Hills Towne Center. The results in these tables are the focus of this parking investigation and recommendations. As shown in Table 13-2, the peak midday use parking requirement for the proposed project during a weekday totals 1,002 spaces and occurs at 1:00 PM. The peak evening parking demand during a weekday, which occurs at 7:00 PM, totals 945 spaces. Based on the proposed parking supply of 1,003 spaces, a surplus of 1 space would result during the peak hour of a "typical' weekday. Table 13-3 presents the hourly shared parking demand forecast on a weekend day at completion of the project. As shown, the peak weekend midday use parking demand for the project is expected to occur at 2:00 PM, when a parking demand of 673 spaces is forecast. The peak weekend night use parking demand, which occurs at 8:00 PM, is 844 spaces. With a proposed parking supply of 1,003 spaces, a surplus of 159 spaces is forecast during the peak hour of a "typical' weekend. LINscou, LAW & GREENSPAN, engineers 39 LLG Ref- 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar \:QzG02(4-'iM�Rgnnr'i16 Final C.mwv Hill, Tnnnu C<nior TI:\ U) } J Z a 0 z w t:3 Z M Q T Q ll1 d J ri l0 W cc a S w a X_ Q Y LU W Q c+ W u ti u O 7 q d i �O �O M �O �O vi m 7� r• r� d. O r o0 •a a 3 � a M M M M M M M o 0 0 0 0 0 0 M 0 M m M M M M M M M M M 0 0 0 0 0 0 0 0 0 0 0 O a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Pr � V g N p �O N O L L a R O� r• m h l� 7 r 01 [� O T d' �O �� h Oi M N �O vl O r• a\ V M vl O O M O N N > O VI p A Ey b0 zap �•�w� v / N 0~ O 7 u G M O M M p O N i0 Oi o\ O a\ r m r• h M r M M O O Q� O� r• d' N A4 Wa G a d W C q d O W 00 7 Vl 00 00 00 b �� 1.. 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N � �p h vl � M � T � M � •C � �' N z �� M� •-• •� N .••1 R M M N V h h�� h 7 N RaMv����oov000000000000aoa Q a W o q i cn N C d �El Q O N y w M ON b a\ D\ D\ a r• V N l� r M M O O V= G� O Q o .qy a O N N N N N N N N N-M N � w � w CG Ny 0 L. a �. a O�� O vi M N d' �O o0 O� V1 N O M h o0 vl M m O N O D\ m r• m W vt M -+ a0 Q y y N m y a V a a w w w w w a w w w (1) q CO `O A O o O O O O O O O O O O O O O O O O z aN_ •p .�J E•' O �O l� oo O� � •" 'Z �--� N M d' �n �O 1� 00 O� � ti Q V] QI W G c+ W u ti u O 7 v a° T N N J z a 0 Z w 0 M Z C7 � T J a. m Q w ' Q 2 w G X_ n In Z Y w w E - u tl y 7 C COLA R r yy4 C', C` PM y C .moi M M M M M M M M M M M M M M f7 M M M M O 4 0 0 0 O O O O O O O O O O O O O O O O a cn ue" nqn m �.aw� zap V y (/j N 0cn p W rA o q IM wed 'O CO OO m W W M M� r r 00 0o r �O vl C O O i. 4 b C boa w��..�gdRC000000a0000000�000 r L Pt G O N M �O oo O O 0 0 0 0 vl C O ma e d v��ornrn�,_.,rnoor q C C Im,d• V O m M V vel M h h N %O. "' N N N N vMi vii kn V M g CU2 0a OngY`o °' Mvvvv�ornrn„y ,.,rn oor q y w O C V W C yOj p a Zara �pwo NV" m ? d O P64 ���❑ Q O O M� .M. .M -i .r -i .r. .M+ � r r M M M M 0 0 0 0 C$)P4 oq b0 p Zi y O t (y 0 y M r4 LL v P61 ao M aV �"' O~� L P+ E O M O O vi M vi vi A D O vt vt O H O Gn Py oq y gw���eeyyQ�' u w��dpwwaaawaaP�.a.wCx7 O O O O 0 0 0 0 0 0 0 O z AGENDA NO. 8.1 NO DOCUMENTATION AVAILABLE Agenda No. RDA 3.1 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS APRIL 19, 2005 E1 1. CALL TO ORDER: Chairman Zirbes called the Redevelopment Agency meeting to order at 7:45 p.m. in the SCAQMD/Government Center Auditorium, 21825 Copley Dr., D.B. ROLL CALL: Agency Members Chang, Herrera, VC/O'Connor and Chair/Zirbes Also Present Were: Linda Lowry, Executive Director; Mike Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager and Acting City Clerk; David Liu, Public Works Director and Linda Magnuson, Finance Director. 2. PUBLIC COMMENTS: Clyde Hennessee asked if this was an annual meeting or did the Redevelopment Agency meet every City Council meeting? Chair/Zirbes indicated to Mr. Hennessee that this was the annual meeting. 3. CONSENT CALENDAR: AM/Herrera moved, AM/Chang seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS: Herrera, Chang, VC/O'Connor, Chair/Zirbes NOES: AGENCY MEMBERS: None ABSE NT: AGENCY MEMBERS: None 3.1 APPROVED MINUTES — Regular Meeting of December 7, 2004 3.2 APPROVED TREASURER'S STATEMENT FOR APRIL 1, 2004 THROUGH MARCH 31, 2005. 4. AGENCY MEMBER CONSIDERATION: None 5. AGENCY MEMBER COMMENTS: None Offered. APRIL 19, 2005 PAGE 2 REDEVELOPMENT AGENCY 6. ADJOURNMENT: With no further business to conduct, Chair/Zirbes adjourned the Redevelopment Agency meeting to the Diamond Bar Public Financing Authority Meeting at 7:47 p.m. LINDA LOWRY, Agency Clerk The foregoing minutes are hereby approved this day of 2005. ATTEST: BOB ZIRBES, Chairman Agenda No. PFA 3.1 DIAMOND BAR PUBLIC FINANCING AUTHORITY ANNUAL MEETING APRIL 19, 2005 DRAFT 1. CALL TO ORDER: Chairperson Herrera called the meeting to order at 7:47 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21825 Copley Dr., D.B. ROLL CALL: Authority Members O'Connor, Zirbes, VC/Chang and Chair/Herrera. Staff present: Linda Lowry, Executive Director; Michael Jenkins, Authority Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager and Acting Agency Clerk; David Liu, Public Works Director and Linda Magnuson, Finance Director. 2. PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: AM/O'Connor moved, AM/Zirbes seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS: O'Connor, Zirbes, VC/Chang, Chair/Herrera NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None 3.1 APPROVED MINUTES — Annual Meeting of December 7, 2004 3.2 APPROVED TREASURER'S STATEMENT FOR APRIL 1, 2004 THROUGH MARCH 31, 2005. 4. AUTHORITY MEMBER CONSIDERATION: None 5. AUTHORITY MEMBER COMMENTS: None Offered. 6. ADJOURN PUBLIC FINANCING AUTHORITY MEETING: With no further business to conduct, Chair/Herrera adjourned the Public Financing Authority meeting at 7:49 p.m. back to the Regular City Council meeting. LINDA C. LOWRY, Agency Clerk APRIL 19, 2005 PAGE 2 PUBLIC FINANCE AUTHORITY The foregoing Minutes are hereby approved this day of 2005. ATTEST: CAROL HERRERA, Chairperson AUTHORITY Agenda # PPA -i _ 2 Meeting Date: Nov. 06, 2005 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managedz' zl TITLE: Public Financing Authority Treasurer's Statement for April 1, 2004 through March 31, 2005 RECOMMENDATION: Approve the April 1, 2005 through October 31, 2005, Treasurer's Statement. FINANCIAL IMPACT: None BACKGROUND: Although the Public Financing Authority's funds have been incorporated into the City's monthly Treasurer's Statement, a separate Treasurer's Statement has been prepared for review and approval. This statement shows the cash balances for the various funds, with a breakdown of investment account balances and the effective yield earned from investments. It should be noted that all the funds in the Construction Fund with the exception of the interest earnings have been used for the construction of the Diamond Bar Center. The funds in the Lease Prepay fund and the Lease Payment Fund are being used to pay the bond principal and interest as the payments become due. PREPARED BY: Linda G. Magnuson Finance Director REVIEVED BY: - D• Attachments: Treasurer's Statement —April 1, 2005 through October 31, 2005 Assistah-rCity M4fiager Diamond Bar Public Financing Authority Treasurer's Cash Statement 10/31/05 PFA- Construction Fund $1bU,US4.4b S3,'I00.UI YU.nu V PFA - Cost of Issuance Fund 0.00 0.00 0.00 0.00 PFA - Lease Prepay Fund 0.00 80,179.40 0.00 80,179.40 PFA - Lease Payment Fund 338,634.00 110,257.28 446,891.06 2,000.22 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $2,000.22 US TREASURY Money Market Account $80,179.40 LOCAL AGENCY INVESTMENT FD 153,248.50 $235,428.12 Note: The Diamond Bar Public Facility Authority is invested in the State Treasurer's Local Agency Investment Fund. The LAIF Bond Proceeds investment account's withdrawals are limited to one draw down per month. As a secondary investment option, the Authority maintains a US Treasury Sweep Account with the City's Fiscal Agent Union Bank of California. Any excess funds are "swept" on a daily basis from the Authority's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the Authority's bank accounts on a monthly basis. L.A.I.F - Effective Yield - October, 2005 Union Bank Money Mkt - Effective Yield - October, 2005 3.458% 3.800% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. rincra C. Lowry, Treasurer AUTHORITY Agenda # PFA :3-1 Meeting Date: December 6, 2005 AGENDA REPORT TO: Honorable Chairman and Members of the City Council VIA: Linda C. Lowry, City Manager, vv TITLE: A Resolution of the Agency Members of the Diamond Bar Public Financing Authority approving and adopting a budget for the Diamond Bar Public Financing Agency for the fiscal year commencing July 1, 2005 and ending June 30, 2006. RECOMMENDATION: Adopt Resolution 05 -XX of the Diamond Bar Public Financing Authority adopting the FY05-06 Diamond Bar Public Financing Authority Budget. FINANCIAL IMPACT: The document submitted reflects resources in the PFA — Construction Fund of $158,030 and the transfer of those funds to the City's General Fund. The Budget also reflects resources in the PFA — Debt Service Fund of $987,626 and appropriations of $987,626 including a $278,126 transfer to the City's General Fund. BACKGROUND: In 2002 the City of Diamond Bar formed the Diamond Bar Public Facilities Authority for the purpose of issuing revenue lease bonds to assist with the construction of the Diamond Bar Center. Since the Authority meets regularly twice a year, once to select its officers and once in April, it is appropriate to adopt the annual budget this evening. In June 2005, the City Council adopted the City's FY05-06 Municipal Budget. That budget included transfers to the City's General Fund from the Public Financing Authority to reimburse the General Fund for expenditures related to the construction of the Diamond Bar Center and some of the interest expense that was or will be covered by the General Fund. This transfer out will eliminate the remaining balances in the PFA Funds. Revenues in the PFA Debt Service Fund should include the lease payments received from the City per the Bond Covenant, and offsetting expenditures to pay the principal payment, interest expense, and bank charges. Linda G. Magnuson, Finance Director �i David Doyle, Assi ° ant City Manager Attachment: FY 2005-2006 Diamond Bar Public Financing Authority Budget RESOLUTION NO. PFA 2005- A RESOLUTION OF THE AGENCY MEMBERS OF THE CITY OF DIAMOND BAR PUBLIC FINANCING AUTHORITY APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND BAR PUBLIC FINANCING AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 2005 AND ENDING JUNE 30, 2006. A. Recitals (i) The Executive Director has heretofore prepared and presented to the Agency Members a proposed budget for the Authority's fiscal year 2005-2006, including revenue estimates and appropriations for the Construction Fund and Debt Service Fund (referred to as the "Budget" hereinafter). (ii) "Said Budget hereby is made a part of this Resolution. B. RESOLUTION. NOW THEREFORE, the Agency Members of the Diamond Bar Public Financing Authority does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. The Budget, including the changes enumerated and directed to be made by the Agency Members during the course of the public meeting conducted by the Diamond Bar Public Financing Authority, hereby is adopted as the Budget of the Diamond Bar Public Financing Authority for the fiscal year commencing July 1, 2005 and ending June 30, 2006 and consisting of the estimated and anticipated expenditures and revenues for that fiscal year. 3. There are hereby appropriated for obligations and expenditures by the Executive Director the amounts shown for the accounts set forth in the Budget. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and Authority ordinances and resolutions applicable to purchasing and contracting. 4. No check shall be issued nor shall any indebtedness be incurred which exceeds the unexpended balance of the fund and department appropriations herein above authorized unless such appropriations shall have been amended by a supplemental appropriation duly enacted by the Authority Members, or by individual appropriations within any fund, except insofar as the Executive Director may authorized transfers pursuant to this Resolution. 5. The Authority Secretary shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of 2005. Chairman I, Linda C. Lowry, Secretary of the Diamond Bar Public Financing Authority, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Authority Members of the Diamond Bar Public Financing Authority held on the day of , 2005, by the following vote: AYES: AUTHORITY MEMBERS: NOES: AUTHORITY MEMBERS: ABSENT: AUTHORITY MEMBERS: Linda C. Lowry, Agency Secretary Public Financing Authority Budget FY 2005-2006 Fund 270 - PFA - Construction Fund ESTIMATED RESOURCES 270-25500 Fund Balance Reserves 270-36100 Interest Revenue TOTAL APPROPRIATIONS Operating Expenditures 4090-42128 Banking Charges Transfer - Out 9915-49001 Transfer out - DB Gen Fd FUND BALANCE RESERVES 25500 Reserve TOTAL FY 2004-05 FY 2005.06 Actual Adopted $148,706 $152,030 3,326 6,000 $152,032 $158,030 2 158,030 158,030 $152,032 $158,030 Fund 370 - PFA - Debt Service Fund ESTIMATED RESOURCES 370-25500 Fund Balance Reserves 370-36100 Interest Revenue 370-36610 Rents & Concessions TOTAL APPROPRIATIONS Operating Expenditures 4090-42128 Bank Charges 4090-47050 Bond Principal 4090-47100 Interest Expense Transfer - Out 9915-49001 Transfer out - DB Gen Fund FUND BALANCE RESERVES 25500 Reserve FY 2004-05 FY 2005-06 Actual Adopted $505,915 $274,426 7,061 5,000 708,200 $512,976 $987,626 $1,065 $1,500 235,000 237,485 473,000 238,550 709,500 278, 274,426 274,426 126 $512,976 $987,626 Exhibit "A" CUP 2004-01 DR COUNTRY HILLS TOWNE CENTER V200AR 2004-04- 02 DIAMOND BAR, CALIFORNIA Pierce/ COUNTRY HILLS D.B., L.L.C. Cooley 9595 WILSHIRE BLVD. SUITE 214 Architects. Inc. BEVERLY HILLS, CA 90212 3,0.247.220 "''' : MARCHREM E w...11m r t pzla 4 - PROFESSIONAL AIIP4 saOFFIC _ BUILDNG �%<3 9.1W T, SG VSFABLE raµSF RTOAAE �y mANI r� NOT A PART wrFmnxxucx� ; (RENOVATED) MARKET/FOOD COURT a9.dai sv mAnvEns o0o sG G.O. c..nrl I 3e35P �rv.aM adv.. � nFca nur svxv amc. OAA 5F sxrsnrvc rO nFnwry SCREEN WALL -OIPI'OPAOOF (E) RITE AID 21, Si t9 V6AF aLVV occ.nr raea�rsT�rf 0 PAT. BREA CANYON CHANNEL DAYSPA acc. n 1 SUMMARY NI NEW LEGAL DESCRIPTION (EEXCEPTARAEAOFFCE UILDMMA BUILDING 16) ZONING INFORMATION (E) EXISTING ' PARCEL LINE PARCELS 2 THROUGH 151NCLUSIVE OF PARCEL MAP NO. 18722, fl'/RTa Iq ADJUSTMENTS ARE t G REWIRED BASED ON THE COUNTY RECORDER OF SAID COUNTY. MEDICAL/ PROFESSIONAL OFFICE BUILDING 12 12 3 3 FRONT =20 •— \'fKl �^ W'Wot[� OWNER READ= UNDETERMINED 291 p R1'GTW � x. e'.a �t 80(@ 11100) �Iwuuvrare�` BLDG 17 xaFwaNr rosF i DIAMOND BAR BOULEVARD P�Eif-0i�° wcr.Tvxv.0 ncsvormr I .«x.uuaas P�II COUNTRY HILLS TOWNE CENTER ORT NORTH DAYSPA acc. n sz53sG SUMMARY NI NEW LEGAL DESCRIPTION (EEXCEPTARAEAOFFCE UILDMMA BUILDING 16) ZONING INFORMATION (E) EXISTING ' PARCEL LINE PARCELS 2 THROUGH 151NCLUSIVE OF PARCEL MAP NO. 18722, WATER CLOSETS LAVATORIES ZONE 'C-1' (RESTRICTED BUSINESS ZONE) ADJUSTMENTS ARE IN THE CITY OF DIAMOND BAR, AS PER MAP FILED IN BOOK 247. PAGES 26 TO 31 INCLUSIVE OF PARCEL MAPS, 114 THE OFFICE OF IN - LINE RETAIL/RESTAURANTS 31 35 SETBACKS: REWIRED BASED ON THE COUNTY RECORDER OF SAID COUNTY. MEDICAL/ PROFESSIONAL OFFICE BUILDING 12 12 3 3 FRONT =20 THIS NEW SITE DESIGN BUILDING 17 OFFICE/RESTAURANT 4 4 SIDE � OWNER READ= UNDETERMINED 291 p MCC Healy lmresimml Co., Inc TOTAL FIXTURE UNITS 56 54 HEIGHT: 2STORY FAST-FOOD - 7.9WSF 80(@ 11100) 9595 WrUh,, CASUALDINING 53,379 So i 414 3102 6,C W212 Swe 214 BULK: NIA TRUE P�II COUNTRY HILLS TOWNE CENTER ORT NORTH TOTAL 221HB3SF SCALE V- 50 SITE PLAN DIAMOND BAR, CALIFORNIA ° 25' '°00 SCHEME G COUNTRY HILLS D.B., L.L.C. P/CA PROJECT NUMBER 03116.2° : DATE: 12 OCTOBER 2005 9595 WILSHIRE BLVD. SUITE 214 - - _ - - BEVERLY HILLS, CA 90212 310.247,2720 DAYSPA acc. n sz53sG mEacaysr v -r. PARKING PROVIDED F�Vri°1WxtE0.0 RETAIL I FOODILI RETAIL: mF Z P Y Np � £PLCE55 m m� NOT A PART rf r �.vwun r�rsv� oNxu�wc xwrm MAX. PEAK PARKING ANALYSIS BUILDING USE SIZE (BE) REQUIREDPARKING MAX. PEAK SHARED PARKING PROVIDED PARKING REQUIRED RETAIL: OFFICE: 90,6145E 302(@1/300) 287 / 291 p • p m" i FAST-FOOD - 7.9WSF 80(@ 11100) 60 CASUALDINING 53,379 So i 414 RESTAURANT MEDICALOFFICE 49,1005E 196(@1/250) T77 Z P Y Np � £PLCE55 m m� NOT A PART rf r �.vwun r�rsv� oNxu�wc xwrm MAX. PEAK PARKING ANALYSIS BUILDING USE SIZE (BE) REQUIREDPARKING MAX. PEAK SHARED PARKING PROVIDED PARKING REQUIRED RETAIL: OFFICE: 90,6145E 302(@1/300) 287 DAY SPA". AAA OFFICE 20,009 SF 50(@1/499) 45 FAST-FOOD - 7.9WSF 80(@ 11100) 60 CASUALDINING 53,379 So 591' 414 RESTAURANT MEDICALOFFICE 49,1005E 196(@1/250) T77 TOTAL 221HB3SF 1219 1.002 1.012 ' PROJECT RESTAURANT PATRO14 AREA TOTALING 37,365 SF PARKED AT 1 SPACE / 75 SF, WRH 16,014 SF OF SERVICE AREA PARKED AT 1 SPACE 1300 BE OUTDOOR DINING AREA TOTALING 4000 SF PARKED AT 1 SPACE1100 BE ALL NEW PARKING STALLS SHALL CONFIRM TO CRY STANDARD 9X19 Pierce/ Cooley Architects, Inc. 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BEVERLY HILLS, CA 99212 ^°`"""°'°nocbnavixe 310.247.2720 v.a. `° lMrm .,oe®...e.,.,.m I I RNSFD RIMER KU A M ft TINS AT VRNE MMY .. �.: I �5TONE VEIEfR-FIDORAD05TOI.E'e YNLINTAIN LEDSESTOI£ G Tmr mOAST mnN COLOR CONLPETE HALL CM ON AINYWL-TTPICAL /r\ T 1 I V I<� m I NORTH ELEVATION STONE -¢DORADO STOW EY IKxN4AIN LED6E5TgE DRr5nA Ilm PRECAST CONCRETE CM -TYPICAL NORTH ELEVATION ENLARGEMENT PLAN & ELEVATION CDPC PROJECT NUMBER: 04021 PICA PROJECT NUMBER: 0311620 DATE: 30 Nov, 2005 m'w`eme`�un�erte�c�e ro� ffa ww�'.o,R10: mui mnmenA�ae®,ro�s.e mi V 4' 3' 16' 24' ENLARMENT PLAN (WATER FEATURE) SCALE: VA' -1'-0' COUNTRY HILLS TOWNE CENTER DIAMOND BAR, CALIFORNIA COUNTRY HILLS D.B., L.L.C. 9595 WILSHIRE BLVD. SUITE 214 BEVERLY HILLS, CA 90212 310.247.2720 ACCENT P Kvw —MOW RAISES PLNNER PoM 17 a 4 I r Nvw 0' 4' B' 60%mmmm'19 16' 24' V 4' 3' 16' 24' ENLARMENT PLAN (WATER FEATURE) SCALE: VA' -1'-0' COUNTRY HILLS TOWNE CENTER DIAMOND BAR, CALIFORNIA COUNTRY HILLS D.B., L.L.C. 9595 WILSHIRE BLVD. SUITE 214 BEVERLY HILLS, CA 90212 310.247.2720 ACCENT P Kvw —MOW RAISES PLNNER PoM 17 a 4 r Nvw PRECAST COlWFER CMON FIXNTNN WA11- MWN. i / VIA P AN PFPPPFPRS N9 / LEAD- TO TE POOL 9.P£Nr ACOS4 PLMTNS 4 POSSIBLE NON114Nf SIGN LOCATWN R Of PA TO CREATE NOW 5TAT PYLON 516N TO R N 0' 10' 220' 40' 660' I I SCALE: 20'-O' CdpqPier e eo/oiey ArchHecle, Inc. EDiwvmxmeo4..a Z ME COUNTRY HILLS TOWNE CENTER MUE PLAN NORM NORTH SCALE 1' GRADING PLAN DIAMOND BAR, CALIFORNIA - 'c 0 A OJ '°U COUNTRY HILLS D.B. L.L.C. Pierce/ PSA PROJECT NUMBER: 03.116.40 1 COOiey DATE: 12 OCTOBER 2005 9595 WILSHIRE BLVD. SUITE 214 Architects. Inc. BEVERLY HILLS, CA 90212 »n.are.,.... ah�a,.osrzmo,..s,re.we�.o..rz�<� °w.•�'•` 310.24].2720 •..:�m�� ae� MRRCHITECTURE. I SECTION A s. wn,-, NORTH SCALE: 1/32'= P-0' 0 IS 37 64' PICA PROJECT NUMBER: 03.116.40 a..DATE l.�OCTOBER 2N005 COUNTRY HILLS TOWNE CENTER IN-LINE RETAIL/ RESTAURANTS DIAMOND BAR, CALIFORNIA FLOOR PLANS COUNTRY HILLS D.B., L.L.C. P1e`Coole 9595 WILSHIRE BLVD. SUITE 214 Architects, In.. BEVERLY HILLS, CA 90212 .ova....... 310.247.27203: •' �m:e aa� EARCHITECTURE. EAST ELEVATION EXISTING SCALE: V32'= 1'-0' WEST ELEVATION SCALE: 1/32'=1'-o' EAST ELEVATION SCALE: 1/32'= l' -O' 100 PARTIAL EAST ELEVATION A NORTH ELEVATION SCALE: 1/16' = 1'-0' (U.N.0) 0 8' 16' 32' P/CA PROJECT NUMBER: 03.116.40 DATE Os.ffNOVEMBER 2005 .IST. SAR FACE K.. TO REANIN IN-LINE RETAIL/ RESTAURANTS ELEVATIONS .T+e F. 31..9. nn Lf, SOUTH ELEVATION REAR ENTRY AT WEST SIDE COUNTRY HILLS TOWNE CENTER DIAMOND BAR, CALIFORNIA COUNTRY HILLS D.B., L.L.C. 9595 WILSHIRE BLVD. 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WEST ELEVATION w.,...� A �..... ..,. x B EAST ELEVATION 9 X WSttb BIRM'OIRIM1PERBINJtWf1BlW19.PH.KCEL FMNE X IX61H]BJrL0.Ci.IWYJI].FMILf B PARTIAL EAST ELEVATION B NORTH ELEVATION IN—LINE RETAIL/ RESTAURANTS ELEVATIONS SOUTH ELEVATION COUNTRY HILLS TOWNE CENTER DIAMOND BAR, CALIFORNIA COUNTRY HILLS D.B., L.L.C. 9595 WILSHIRE BLVD. SUITE 214 BEVERLY HILLS, CA 90212 310.247.2720 REAR ENTRY AT WEST SIDE Pierce/C Cooley AArchitects,rs, Inc. aG MI MARCHITECTUREa F PN =Ql TO MATCHICA 4n WWW1233WGMOTIF Sl1A%YJPFlMSH. PNNL CIXOH MTO i0 MATGI K Y 422 NM 3&123 $Mro AtOi& $iIXJE DOST '$MGK: EMWNNLEGGESiONE L$iAM MPtVLEF,OCFW EAGLE HO'..`FNG.AMEAICPN HEMAGE flOPNO(E BLEW, 51F87I5 PN.3TLP.I. FlMSH CCLpiTO M4TCHIL16i333VY Bp WBBAPNSiEHlN11IE LICJRfLM1RE SNNAOE. PEFEATo SICW R 3NCWPIA3IEAFIMFH: PNNL WL. TO MATCH .54820YY O,"P BEACFCMI NEW STOREFRMT3 LG MATCH EASING COLOR slWW ECE55'. PAW OOLM TO TCHIL14n WYY M12354NOAgTF METALA WCETA PA ODLOi TO TW 01M 9 Ml13 W3£llS WT16F➢ FLOOR PLAN SOUTH ELEVATION EXISTING SOUTH ELEVATION NORTH ELEVATION EXISTING EAST ELEVATION EXISTING EAST ELEVATION WEST ELEVATION EXISTING NORTH ELEVATION WEST ELEVATION MMUEPLAN ORT„ NORTH COUNTRY HILLS TOWNE CENTER SCALE: O 10' ELEVATIONS/FLOOR PLAN DIAMOND BAR, CALIFORNIA ° t 2" BUILDING 17 COUNTRY HILLS D.B. L.L.C. Pierce PROJECT NUMBER03 / PICA PROJECT .116.01 f COOIB)/ DATE: 12 OCTOBER 2005 9595 WILSHIRE BLVD. SUITE 214 Architects, Inc. - BEVERLY HILLS, CA 90212 310.247.2720 „ ....r EARCHIIECTUREe L NORTH ELEVATION SOUTH ELEVATION BUILDING 17 ELEVATIONS EAST ELEVATION WEST ELEVATION COUNTRY HILLS TOWNE CENTER DIAMOND BAR, CALIFORNIA COUNTRY HILLS D.B., L.L.C. 9585 WILSHIRE BLVD. SUITE 214 BEVERLY HILLS, CA 80212 310.247.2720 Pierce/rs, Cooley Archhitecr Inc. ..m®` ' ■ARCHITECTURE„ F - SECOND FLOOR PLAN SECTION A TRUE PLAN NORM NORTH SCALE Imm%mmum ELEVATIONS/FLOOR PLANS ° 2a RESTAURANT/OFFICE PICA PROJECT NUMBER- 03.116.01 DP�TE1OCTOBER �20„05 SOUTH ELEVATION III Lei It JI; IQ4M71-1111 [a.` EL .P WEST ELEVATION EAS I ELEVA I JUN COUNTRY HILLS TOWNE CENTER DIAMOND BAR, CALIFORNIA COUNTRY HILLS D.B., L.L.C. 9595 WILSHIRE BLVD. SUITE 214 BEVERLY HILLS, CA 90212 310. 47.2720 b vuo iTus PLAN OF TRASH ENCLOSURE aE�, - R.slmww owu NORTH ELEVATION OF TRASH ENCLOSURE F t wslFn wcn GfV EAST AND WEST ELEVATION OF TRASH ENCLOSURE SOUTH ELEVATION OF TRASH ENCLOSURE � EDunmwacEemuvmr�swDMconrsnKcovuslwEw�w: vMccc gIiol'cHIG <n WYY.ifl�113SV-0NATF 2 sn11..As]FAFWSR vAwT=rcam]o ].u]abnn rom 3annswDlp]s o $lDNEVENEEII ELIX 5]IXJE.'$IAN£Y M91XiINV tFOGES]M£CNY3iAt%' n CR]EnEIIOCfP.G. FACIEGLEP.00F W G. PMEMAN F6P]fPCE iNPNCY.E &AO. 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SECOND & THIRD FLOOR PLANS TRUE PLAN NGBTH NORTH SCALE: P=10 PROFESSIONAL/ MEDICAL OFFICE BLDG. ° S 2 FLOOR PLANS P10A PROJECT NUMBER: 03116.20 D�.sTEs.rears m>�4 �SEPTEMBER 2005 xCfA>r635 PLAN OF TRASH ENCLOSURE FRONT ELEVATION OF TRASH ENCLOSURE RIGHT SIDE ELEVATION OF TRASH ENCLOSURE IN REAR ELEVATION OF LEFT SIDE ELEVATION TRASH ENCLOSURE OF TRASH ENCLOSURE PROJECT SUMMARY GROSS BUILDING AREA FIHST FLOOR (USABLH 14,163 SF SECOND FLOOR (USABLE) 14,806 Sf THIRD FLOOR (USABLE) 14,606 SF TOTAL USABLE FLOCRAHEA 43,775 SF TOTAL RENTABLE AREA 49,100SF GROSS BUILDING AREA 53,340 SF CODE ANALYSIS APPLICABLE CODE: MI CALIFORNIA BUILDING CODE BUILDING USE: MEDICAL OFFICE OCCUPANCY GROUP (SEC. 304.1): B GROSS BUILDING AREA 53,340 SF STORIES: 3 TYPE OF CONSiRUC110N: VONE-HOUR IXINi WPNEOIMXPHip4F➢fWE $gRN1Efl $YseP, PIF, SPC Us BASIC ALLOWABLE BUILDING HEIGHT (TABLE"" 3STORIES BASIC ALLOWABLE FLOOR AREA (TABLE 5-B): 14.000 SF BKPFASE. &NIMBes 0§£A I VeryISEC Ai.T X2 WCXEASE POR SFP04,0N Or. 9CE5- YA%1S G9EATEP UV,N Fp ISEC-`A<.YS10 X2 ALLOWABLE FLOOR AREA: 56,000 SF OCCUPANT LOAD FACTOR(TABLE 10 -AL 100SF/0CCUPANT OCCUPANT LOAD PER FLOOR (15,000 SF / FLOOR): I NO OCCUPANTS/ FLOOR MINIMUM NUMBER OF EXITS REWIRED (TABLE 10-A): 2 CCWPAM L TXW SMOCCWPM$ FLbJR 11BI>DMFPNs CF EXIT N3( 11F W PEO ISEC.1 Jl 1 J.II CI pW 2 TOTAL HORIZONTAL ENT WIDTH REQUIRED REQUIRED TABLE I0-81' WINCHES TOTAL STAIR EXT WIDTH REWIRED REWIRED (FABLE 10-6): 45 INCHES FIRE RESISTIVE OF BUILLYNG COMPONENTS (TABLE 6 A: 6FNWG WNLs ITMEFKKIF I HOUR REAHW WPlls(IMXI 1 WNW IJOH1IXIEflgIH'. I KNIP S1flUCMULfPMf: Ngll RJUfl WANED) Y15 PF}WAfPNI) NI(11YJUfi WPIVFD) sRNT $H4T ENG.QSUES: 1 W.NM 6RGCNLEiNCS: NRP WN ROCFSEflCCIFCERNS: tccr,s Nfl IIWNMWONID) w.) IOFIpM RiWX1NINE lYC. KV.]361A(AE SA): Nq STAsWAC0r4RNJ TI0NIMJi SipPN/AY CPVsi1pKTKKJ ISEC. W1.<4 STFEI COUNTRY HILLS TOWNE CENTER DIAMOND BAR, CALIFORNIA COUNTRY HILLS D.B., L.L.C. 9595 WILSHIRE BLVD. SUITE 214 BEVERLY HILLS, CA 90212 310.247.2720 Pierce/C Cooley Architectw,Aln�. wa�.� EARCHITECTURE. �, .�* _: ��uu r, <; WEST ELEVATION EAST ELEVATION SCALE :r=1a r -..- PROFESSIONAL MEDICAL OFFICE BLDG 20 ° 5 ,° 20 ELEVATIONS PICA PROJECT NUMBER: 03116.20 14 D�TEB.wmcmo-ros,ffE.nua�RE�R 2005 NORTH ELEVATION SOUTH ELEVATION COUNTRY HILLS TOWNE CENTER DIAMOND BAR, CALIFORNIA COUNTRY HILLS D.B., L.L.C. 9595 WILSHIRE BLVD. SUITE 214 BEVERLY HILLS, CA 90212 310,247.2720 STGY.O RA RFNS11 ❑j SigiE VEiIEFR fIOJfNWSiP`F.'$IA'XEY M}MIMItF9f£6RYIEIXiY$TAGC 0 COWAETE TIE NKfRG: FA[{EIWCFPG. 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"m ■ARCHIIECURE IVOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK DATE: ATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. TO: FROM: ADDRESS: ORGANIZATION: USigna` ure VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL--.,. CITY DATE: dzelp C�Gumsk%"e AGENDA #/SUBJECT: 6_00J 0; Leos , PHONE: q6q°T,4 P �- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 4 Signature TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: • • • j..• •EM CITY CLERK DATE: PHON I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: ilii W-rq4&&5 dw - H • f - I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signaturedwmw�, Nal�r