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Home My WebLink About07/23/2019PLANNING COMMISSION AGENDA July 23, 2019 6:30 PM The Windmill Room at Diamond Bar City Hall First Floor 21810 Copley Drive Diamond Bar, CA 91765 Chairperson Naila Barlas Vice Chairperson Frank Farago Commissioner Jennifer "Fred" Mahike Commissioner Kenneth Mok Commissioner William Rawlings Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21810 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Windmill Community Room and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing to the Secretary. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. When speaking, please direct your questions and comments to the Commission, not to staff or other members of the public. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the contact information below. Every meeting of the Planning Commission is recorded and duplicate recordings are available for a nominal charge. A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Commission, CDs of Meetings (909) 839-7030 Email: info(@diamondbarca.gov Website: www.diamondbarca_nov CITY OF DIAMOND BAR PLANNING COMMISSION July 23, 2019 AGENDA Next Resolution No. 2019-08 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: ROLL CALL: COMMISSIONERS: Jennifer "Fred" Mahlke, Kenneth Mok, William Rawlings, Frank Farago, Vice Chairperson, Naila Barlas, Chairperson 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within its jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please 3. APPROVAL OF Chairperson AGENDA: 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1. Minutes - July 9, 2019 5. OLD BUSINESS: 6. NEW BUSINESS: 7. PUBLIC HEARINGS: 7.1 Conditional Use Permit No. PL2019-62 - Under the authority of DBMC Section 22.58, the property owner and applicant are requesting a Conditional Use Permit for a proposed Adult Day Health Care Center in a 15,324 square -foot tenant space within a 60,706 square -foot multi -tenant JULY 23, 2019 PAGE 2 PLANNING COMMISSION commercial center. The subject property is zoned Professional Office (OP) with an underlying General Plan land use designation of Commercial Office (CO). PROJECT ADDRESS: PROPERTY OWNER: 820 N. Diamond Bar Blvd. Diamond Bar, CA 91765 Foremost Diamond Ranch 4590 MacArthur Blvd., Suite 600 Newport Beach, CA 92660 APPLICANT: Angeles Del Sol ADHC, LLC 820 N. Diamond Bar Blvd. Diamond Bar, CA 91765 ENVIRONMENTAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301(a) (interior alterations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. PL2019-62, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1. Project Status Report - July 23, 2019 10. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK - MOVIES UNDER THE STARS PARKS AND RECREATION COMMISSION MEETING: Wednesdays, beginning June 12, 2019, through July 31, 2019 Sycamore Canyon Park Concerts begin at 6:30 pm Movies begin at dusk following concerts Thursday, July 25, 2019, 6:30 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive JULY 23, 2019 PAGE 3 PLANNING COMMISSION CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: CITY COUNCIL MEETING: 11. ADJOURNMENT: Tuesday, August 6, 2019 — 6:30 pm South Coast Air Quality Management District Auditorium 21825 Copley Drive Thursday, August 8, 2019, 6:30 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Tuesday, August 13, 2019, 6:30 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Tuesday, August 20, 2019 — 6:30 pm South Coast Air Quality Management District Auditorium 21825 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION JULY 9, 2019 CALL TO ORDER: Chair/Barlas called the meeting to order at 6:30 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: VC/Farago led the Pledge of Allegiance. 1. ROLL CALL: COMMISSIONERS: William Rawlings, Vice-Chair Frank Farago and Chair Naila Barlas Absent: Commissioners Jennifer “Fred” Mahlke and Kenneth Mok were excused. Also present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Natalie T. Espinoza, Associate Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes – June 11, 2019: C/Rawlings moved, VC/Farago seconded, to approve Consent Calendar Item 4.1 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Rawlings, VC/Farago, Chair/Barlas NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mahlke, Mok 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Development Review and Comprehensive Sign Program No. PL2018 -51 – Under the authority of Diamond Bar Municipal Code Section 22.48 and 22.36.060, the applicant, John Taylor and property owner, Diamond bar 3721 LLC, requested Development Review approval to p artition an existing 15,519 square-foot building into six tenant spaces and renovate the façade and landscaping of the existing building. A Comprehensive Sign Program was also 4.1 Packet Pg. 6 ________________________________________________________________________ JULY 9, 2019 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ requested to establish design criteria for signage associated with the renovated building. The subject property consists of approximately 56,490 square feet (1.30 gross acres) and is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 1139 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Diamond Bar 3721 LLC 24 Prairie Grass Irvine, CA 92603 APPLICANT: John Taylor South Pointe Construction 41146 Elm Street, Suite H Murrieta, CA 92562 AP/Espinoza presented staff’s report and recommended Planning Commission approval of Development Review and Comprehensive Sign Program No. PL2018-51, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Barlas opened the public hearing. John Taylor, Project Manager, spoke about converting the former Big Lots building into six leasable spaces, with four potentially rented out as follows: Unit A, physical therapy; B & C, Berkshire Hathaway Realty and Unit D, Royal Bank. Robin Smith said she was concerned about the 18 trees that were anticipated to be planted in the area because the tree of choice is the Chilean Mesquite tree, which is showing signs as being invasive to Southern California and feels the project would benefit from planting Southern California or Arizona trees. She offered to provide the Commission with a list of possible choices and resources. Chair/Barlas closed the public hearing. VC/Farago asked staff if the applicant was provided a City approved list of trees for this development. CDD/Gubman said the City does not have a recommended plant list but does have the Water-Efficient Landscape Ordinance in which there is language that encourages California appropriate plant material in new landscapes for success within this region and for their low water consumption so that they do not dominate or impede other plants with which they might be interacting. 4.1 Packet Pg. 7 ________________________________________________________________________ JULY 9, 2019 PAGE 3 PLANNING COMMISSION ________________________________________________________________________ C/Rawlings asked if guidelines would be subject to change through updating the General Plan to ensure the use of California native plants and drought tolerant plants. CDD/Gubman responded to C/Rawlings that the City has taken an initial step with its comprehensive General Plan update which include policies that speak exactly to those concerns. To implement those types of policies, the City would be looking to do so through policy rather than by regulation of appropriate plant material and inappropriate plant materials to ensure that there is conservation of the existing native landscape and to he lp revitalize the urban forest and landscape to be more appropriate to the indigenous character. Chair/Barlas reopened the public hearing. John Taylor responded to Chair/Barlas’ question about why this particular species for the landscape and stated that he would have to consult with the landscape architect to know why. VC/Fargo said he was curious why that species had been chosen and if there might be other selections that would be more appropriate in light of the information brought forth by the speaker. Mr. Taylor responded that the applicant would certainly be open to other species. VC/Farago asked if staff would work with the applicant to look at other alternatives and Mr. Taylor said there would be no issue and that he would work with staff on other possible alternatives. CDD/Gubman stated that because the City’s current Landscape Ordinance is very complex and contains very stringent provisions mandated by the State of California, staff has had to enter into a consulting services agreement with a landscape architecture firm which is reviewing landscape plans and technical issues that might pertain, including what maximum water budgets are appropriate for new landscape projects and for the plant materials and soils conditions that would meet the requirement of the ordinance. The City’s consultants are knowledgeable in both aspects of landscape design and horticultural best practices. and staff would be happy to work with the applicant to come up with possible substitutes if that is the Commission’s direction. VC/Farago said that with the cost of maintenance and life cycle cost involved with having this species of tree, it might be worthwhile for the applicant to look at that issue anyway. Robin Smith cautioned the Commission that very few landscape architects have knowledge of ecology and working with California native plants. There is new scientific information that is not readily disseminated throughout the landscape 4.1 Packet Pg. 8 ________________________________________________________________________ JULY 9, 2019 PAGE 4 PLANNING COMMISSION ________________________________________________________________________ industry. The question of this particular tree is information she is still uncovering and spending money to plant 18 of these trees is a big expense. Chair/Barlas closed the public hearing. VC/Farago moved, Chair/Barlas seconded, to approve Development Review and Comprehensive Sign Program No. PL2018 -51, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution with the condition that the applicant revisit the tree species proposed with respect to ongoing maintenance and life cycle costs. ACA/Eggart asked for clarification of the condition to VC/Farago’s motion. Is the condition that the species of the parking lot landscape trees be subject to approval of the Community Development Department or that the applic ant will work with the Community Development Department to determine the proper species for the parking lot trees and VC/Farago said the intent was for the applicant to work with the Community Development Department. ACA/Eggart recommended that a sentence be added to Condition No. 2 to that effect on page 4 and 5 of the Resolution which already addresses the landscape plans subject to approval. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Rawlings, VC/Farago, Chair/Barlas NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mahlke, Mok 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: C/Rawlings shared how much he appreciates the process the Commission uses. The City has exceptional staff and having members of the public and those involved in the project speak from their perspectives to provide input and how it serves the public benefit is fantastic which is, in his opinion, exactly how the process should work. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Project Status Report. CDD/Gubman stated that for the upcoming Planning Commission meeting scheduled for July 23rd there is one public hearing item for an adult daycare center at 820 North Diamond Bar Boulevard in the shopping center just south of the bowling alley where D’Antonios Ristorante and Acapulco once existed and there was actually an adult daycare center in the exact same space in the b ack of the property for which a new tenant will propose to re -establish that use. 4.1 Packet Pg. 9 ________________________________________________________________________ JULY 9, 2019 PAGE 5 PLANNING COMMISSION ________________________________________________________________________ 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Barlas adjourned the regular meeting at 7:01 p.m. The foregoing minutes are hereby approved this 23rd day of July, 2019. Attest: Respectfully Submitted, __________________________________ Greg Gubman Community Development Director _______________________________ Naila Barlas, Chairperson 4.1 Packet Pg. 10 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: July 23, 2019 CASE/FILE NUMBER: Conditional Use Permit No. PL2019-62 PROJECT LOCATION: 820 N. Diamond Bar Boulevard Diamond Bar, CA 91765 (APN: 8706-002-056) GENERAL PLAN DESIGNATION: Commercial Office (CO) ZONING DISTRICT: Professional Office (OP) PROPERTY OWNER: Foremost Diamond Ranch 4590 MacArthur Boulevard, Suite 600 Newport Beach, CA 92660 APPLICANT: Angeles Del Sol ADHC, LLC 820 N. Diamond Bar Boulevard Diamond Bar, CA 91765 SUMMARY: The applicant is requesting approval of a Conditional Use Permit (CUP) for an adult day health care (ADHC) center in a 15,324 square-foot tenant space within a 60,706 square-foot multi-tenant commercial center. RECOMMENDATION: Adopt the attached Resolution (Attachment 1) approving Conditional Use Permit No. PL2019-62, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.58, subject to conditions. BACKGROUND: Angeles Del Sol ADHC, LLC, is proposing to locate inside the Ranch Center, a shopping center at the east side of Diamond Bar Boulevard, approximately 560 feet CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 11 Conditional Use Permit No. PL2019-62 Page 2 of 8 south of Highland Valley Road. The center has 60,706 square feet of leasable floor area and includes tenants consisting of a dance studio, restaurant, offices, and other retail and service uses. The vacant tenant space is at the south corner of the shopping center. This space was previously occupied by an ADHC center (dba Well and Fit Adult Day Healthcare Inc.) which vacated the space in approximately April of 2018. There are 238 parking spaces available on-site. ADHC centers are State-licensed facilities that treats the medical and supportive care needs of frail elders or disabled adults in a safe group setting during the day. The State authorizes admission into the program after the center documents compliance with strict eligibility requirements that include the presence of chronic conditions identified by the physician as needing treatment, intervention or monitoring to prevent deterioration an d to avoid institutional care. Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning District Land Use Site Commercial Office OP Commercial Shopping Center Consisting of Retail, Service and Restaurant Uses North Commercial Office OP Commercial Shopping Center Consisting of a Bowling Alley, Retail, Service and Restaurant Uses South Commercial Office OP Automobile Repair Station East Low Density Residential RL Single-Family Homes West N/A N/A 57 Freeway This commercial center was constructed in 1982, prior to the City’s incorporation. Although the site is zoned Professional Office (OP), the existing land uses and layou t of the center is more indicative of commercial zoning, such as in the Neighborhood Commercial (C-1) and Community Commercial (C-2) districts. The Development Code (Title 22 of the DBMC) does not expressly list adult daycare as a permissible use in the City’s commercial districts, but is permissible in the residential zones with a CUP. Child day care centers are permitted in both commercial and residential zones with a CUP. Because the general land use characteristics of an ADHC center are similar to a child day care facility, the Community Development Director has determined that an ADHC center is a conditionally permitted use in the location proposed in accordance with rules of interpretation under Development Code Section 22.04.020. 7.1 Packet Pg. 12 Conditional Use Permit No. PL2019-62 Page 3 of 8 Proposed Project Site (Main Entrance Located in the Rear) Site Aerial 7.1 Packet Pg. 13 Conditional Use Permit No. PL2019-62 Page 4 of 8 Project Description Angeles Del Sol ADHC, LLC intends to provide day health-care programs that support elderly individuals with physical, mental or developmental disabilities. The center will offer a medical model of care through an out-patient day program for older persons and adults with chronic medical, cognitive or mental health conditions and/or disabilities that are at risk of needing institutional care. ADHC centers provide specialized health care to individuals who may have any of the following medical conditions: • Alzheimer's disease or related dementia • Epilepsy and other seizure disorders • Post-stroke complications • Disabling depression • Cardiovascular disease • Head or spinal cord injury • Diabetes with complications • Developmental disabilities • Parkinson’s or Huntington’s disease • Chronic mental illness The team of licensed professionals include: nurses, social workers, physical therapists, occupational therapists, and speech therapists. They focus on medical, preventive, social and mental care that may include: • Nursing services and monitoring of health conditions • Medication management • Physical, occupational and/or speech therapy • Social work • Assistance with daily tasks such as eating, walking and personal care • Group activities • Hot meals and nutritional counseling • Transportation to and from individual residences and the ADHC center • Other services such as caregiver support groups, community education, and health professionals training may also be provided Angeles Del Sol ADHC, LLC will have a maximum of 10 emplo yees and 160 clients at the location at any given time. Days of operation are Monday through Friday, from 9:00 a.m. to 3:00 p.m. Pick-up time starts at 8:00 a.m. and drop-off time starts at 1:30 p.m. The applicant proposes to occupy a two -story 15,324 square-foot vacant space. The proposed first floor plan consists of a lobby, main hall with stage, dining area, three activity areas, kitchen, two classrooms, two exam rooms, quiet room, nursing room, occupational therapy room, physical therapy room, and off ices. The second floor is for staff only and consists of administrative offices. 7.1 Packet Pg. 14 Conditional Use Permit No. PL2019-62 Page 5 of 8 ANALYSIS: Review Authority (DBMC Section 22.58) A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In other words, if the owner of the proposed Proposed First Floor Plan 7.1 Packet Pg. 15 Conditional Use Permit No. PL2019-62 Page 6 of 8 ADHC center were to close the business, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the ADHC center without full review and approval by the Planning Commission. Required Parking As stated, ADHC centers are not listed as a land use type in the Development Code, but, staff also determined that the parking requirement for child day care facility is the appropriate standard to apply in that clients are dropped off and picked up in a similar manner, and thus parking space use is similarly ephemeral in nature. The parking requirement for the proposed use is thus one space for each 10 clients, one space per employee, one space for each vehicle used in conjunction with the use, as well as a designated drop-off/pick-up area. Commercial centers between 20,000 and 50,000 square feet are required to pro vide one parking space for each 250 square feet of gross floor area for general commercial uses. The parking requirements for uses approved under a CUP (e.g., day care centers, tutoring facilities, etc.,) are calculated separately. The number of vehicles associated with the proposed use are 10 cars and four vans. Ranch Center provides 238 off -street parking spaces. The parking required for the shopping center minus the proposed ADHC center is 182 spaces. The proposed ADHC center requires 40 spaces based on Development Code requirements. The total off - street parking requirement for the center would thus be 222 spaces, leaving a technical surplus of 16 spaces Parking Demand When reviewing parking impacts on commercial centers, the various uses and peak business hours for those uses are taken into consideration. Ranch Center has uses ranging from a dance studio, restaurant, offices, and other retail and service uses. The peak parking demand typically occur on weekdays from 9:00 a.m. to 6:00 p.m. City’s Development Code Parking Requirement Use Sq. Ft. Parking Ratio Parking Required Parking Provided Shopping Center 45,382 1/250 sq. ft. 182 Proposed ADHC Center 15,324 1 per 10 adults, 1 for each employee, and 1 for each vehicle used in conjunction with the use 40 Total 60,706 222 238 7.1 Packet Pg. 16 Conditional Use Permit No. PL2019-62 Page 7 of 8 Approximately half of the businesses in the center are uses that are open during peak hours. The proposed ADHC center will be open Monday through Friday, from 9:00 a.m. to 3:00 p.m. Based on their business proposal, 40 parking spaces are required to accommodate the parking for 160 attendees, 10 employees and 14 for the vehicles associated with the use. Under a parking demand scenario, the proposed use could conceivably generate less demand. 10 vehicles for the employees, 10 vehicles and four vans for the ADHC center totals to 24 required parking spaces. Since ADHC centers are required to provide participant transportation to and from individual residences and the center , there will not be additional vehicles associated with attendees, even at full capacity. Since 238 parking spaces are available, there would still be a surplus of 32 spaces under this scenario. Parking Demand Use Sq. Ft. Parking Demand Parking Required Parking Provided Shopping Center 45,382 Per Development Code Requirements 182 Proposed ADHC Center 15,324 160 adults, 10 employees, 10 cars and 4 vans 24 Total 60,706 206 238 Staff does not foresee any parking issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed ADHC center. Additionally, drop-off and pick-up of the attendees are concentrated towards the rear of the shopping center, away from the main parking lot, which will provide for efficient circulation within the center. Compatibility with Neighborhood The Ranch Center has a diversity of uses, including a dance studio, restaurant, offices, and other retail and service uses. Given the proposed hours of operation, the availability of parking, and types of adjoining uses, it is reasonable to conclude that the ADHC center will be compatible with the other uses in the center. Additional Review The Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: 7.1 Packet Pg. 17 Conditional Use Permit No. PL2019-62 Page 8 of 8 On July 8, 2019, public hearing notices were mailed to property owners within a 700-foot radius of the project site and a copy of the public notice was posted at the City’s three designated community posting sites. On July 12, 2019, the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers; and the project site was posted with a notice display board. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2019-XX and Standard Conditions of Approval B. Site Plan and Floor Plan 7.1 Packet Pg. 18 PLANNING COMMISSION RESOLUTION NO. 2019-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2019-62, TO OPERATE AN ADULT DAY HEALTH CARE CENTER AND ESTABLISH THE USE WITHIN A 15,324 SQUARE-FOOT SPACE THAT IS PART OF AN EXISTING 60,706 SQUARE-FOOT MULTI-TENANT COMMERCIAL CENTER LOCATED AT 820 N. DIAMOND BAR BOULEVARD, DIAMOND BAR, CA (APN 8706-002-056). A. RECITALS 1. Property owner, Foremost Diamond Ranch, and applicant, Angeles Del Sol ADHC, LLC, have filed an application for Conditional Use Permit No. PL2019-62 to open an adult day health care (ADHC) center in a 15,324 square-foot tenant space within a 60,706 square-foot multi-tenant commercial center. The project site is more specifically described as 820 N. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Conditional Use Permit shall be referred to as the “Proposed Use.” 2. The Project Site is made up of one parcel totaling 5.4 acres. It is located in the Professional Office (OP) zone and has a land use designation of the General Plan as Commercial Office. 3. The legal description of the subject property is Lots 14 through 17 of Tract Map 34803. The Assessor’s Parcel Number is 8706-002-056. 4. On July 8, 2019, public hearing notices were mailed to property owners within a 700-foot radius of the Project site and posted at the City’s designated community posting sites. On July 12, 2019, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. 5. On July 23, 2019, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 7.1.a Packet Pg. 19 2 PC Resolution No. 2019-XX 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findings (DBMC Section 22.58) 1. The Proposed Use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The Ranch Center was constructed in 1982, prior to the City’s incorporation. Although the site is zoned Professional Office (OP), the existing land uses and layout of the center is more indicative of commercial zoning, such as in the Neighborhood Commercial (C-1) and Community Commercial (C-2) districts. An adult day care center is not listed in the City’s commercial land use table, but is permitted in the residential zones with a CUP. A child day care facility is permitted in both commercial and residential zones with a CUP. An ADHC center is a similar type of use as a child day care facility in terms of operation and potential land use impacts. Therefore, staff has determined that an ADHC center at this location would be considered with the approval of a CUP. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with neighboring uses in the commercial center and surrounding neighborhood. 2. The Proposed Use is consistent with the general plan and any applicable specific plan. The Proposed Use is consistent with General Plan Strategy 1.3.3: (“Encourage neighborhood serving retail and service commercial uses”) in that the proposed ADHC center meets Strategy 1.3.3 because the proposed center will provide services to Diamond Bar residents. 7.1.a Packet Pg. 20 3 PC Resolution No. 2019-XX The Project site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity. The Proposed Use is located within an existing commercial center that has a diversity of uses, including a dance studio, restaurant, offices, and other retail and service uses. The Proposed Use is compatible with the other uses within the commercial center. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with the other uses within the commercial center. 4. The subject site is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The Project site is located within an existing commercial center that currently has a diversity of uses, including a dance studio, restaurant, offices, and other retail and service uses. There are 238 parking spaces at the existing shopping center. The number of parking spaces required for the shopping center minus the ADHC center is 182 parking spaces. The proposed ADHC center requires 40 spaces based on Development Code requirements, for a total parking requirement of 222 off-street parking spaces. Under a parking demand scenario, the proposed use could conceivably generate less demand. 10 vehicles for the employees, 10 vehicles and four vans for the ADHC center totals to 24 required parking spaces. Since ADHC centers are required to provide participant transportation to and from individual residences and the center, there will not be additional vehicles associated with attendees, even at full capacity. Since 238 parking spaces are available, there would still be a surplus of 32 spaces under this scenario. Additionally, drop-off and pick-up of the attendees are concentrated towards the rear of the shopping center, away from the main parking lot, which will provide for efficient circulation within the center. Based on these observations, there is likely a sufficient amount of parking for current and future uses to accommodate peak -period demands. Given the proposed hours of operation, the overall parking demands, and the types of adjoining uses, it is reasonable to conclude that the ADHC center will be compatible with the other uses in the commercial center. The Proposed Use is physically suitable with the subject site because it will be located in an existing building. In addition, the proposed use is intended to operate within an existing commercial center and will be using existing access and parking in the center. 7.1.a Packet Pg. 21 4 PC Resolution No. 2019-XX 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in wh ich the property is located. The Proposed Use is located within a commercial center. Attendees will be supervised at all times by a team of licensed professionals. Attendees will not be able to leave the premises until the ADHC center provides for transportation to their homes. Prior to the issuance of any city permits, the Project is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The proposed Project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2019-62 subject to the following conditions: 1. The establishment is approved as an adult day health care (ADHC) center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2019-62 dated July 23, 2019, and the Planning Commission minutes pertaining thereto, hereafter referred to as the “Use”. The Use shall be limited to an adult day health care (ADHC) center. The maximum number of clients is 160. 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This Conditional Use Permit shall be valid only for 820 N. Diamond Bar Blvd., as depicted on the approved plans on file with the Planning Division. If the proposed use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases 7.1.a Packet Pg. 22 5 PC Resolution No. 2019-XX to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission and/or City Council. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Foremost Diamond Ranch, 4590 MacArthur Boulevard, Suite 600, Newport Beach, CA 92660, and applicant, Angeles Del Sol ADHC, LLC, 820 N. Diamond Bar Boulevard Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23RD DAY OF JULY 2019, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ Naila Barlas, Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 23rd day of July, 2019, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ___________________________ Greg Gubman, Secretary 7.1.a Packet Pg. 23 6 PC Resolution No. 2019-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2019-62 SUBJECT: To operate an adult day health care (ADHC) center in a 15,324 square-foot tenant space within a 60,706 square-foot multi-tenant commercial center PROPERTY Foremost Diamond Ranch OWNER(S): 4590 MacArthur Boulevard, Suite 600 Newport Beach, CA 92660 APPLICANTS: Angeles Del Sol ADHC, LLC 820 N. Diamond Bar Boulevard Diamond Bar, CA 91765 LOCATION: 820 N. Diamond Bar Boulevard Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void, or annul the approval of Conditional Use Permit No. PL2019-62 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 : 7.1.a Packet Pg. 24 7 PC Resolution No. 2019-XX (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. PL2019-62 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 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. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7.1.a Packet Pg. 25 8 PC Resolution No. 2019-XX B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. P L2019-62 shall expire within one (1) year from the date of approval if the use has not been exercised as defined per DBMC Section 22.66.050 (b)(1). The applicant may request in writing a one-year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The following are required to be finaled and inspected through the Building and Safety Division prior to business licensing: a. Exit signs shall be installed and/or adjusted to direct occupants to required exits. b. Emergency back-up lighting is required to maintain minimum exit illumination when power is off. c. The kitchen work is limited to equipment and no plumbing or mechanical work. All cooking equipment shall be contained completely within the hood canopy. d. ADA access improvements shall be made where “readily achievable” such as for the entry ramp bottom landing and railing and the ADA parking (location, signage, detectable warnings, slope, etc). e. Electrical systems shall be evaluated for safety primarily in the kitchen area panels and outlets. All panels shall be protected with appropriate covers . Breakers and outlets shall have cover plates. 2. The use will be for ambulatory care only. Non -ambulatory use is not allowed without modification to the facility. 7.1.a Packet Pg. 26 9 PC Resolution No. 2019-XX 3. No tenant improvements are part of this application. The only construction as part of this application are those in item #1 and minor plumbing work in the bathrooms. 4. Fire Department approval will be handled separately by the applicant for their State licensing. END 7.1.a Packet Pg. 27 W "2 3 '3 4 °0 6 N '0 0 .5 2 4 W "2 3 '3 4 °0 6 N ' 4 5 . 1 9 E " 8 1 ' 1 5 ° 1 4 N ' 2 3 . 6 2 2 E " 9 0 ' 0 1 ° 6 5 N W "2 3 '3 4 °0 6 N N 2 9 ° 1 6 ' 2 8 " E 4 0 0 . 0 0 ' N D I A M O N D B A R B L V D 0 8 8 G D L B Y R O T S 1 T F Q S 4 2 4 ,8 '3 .8 2 T H G I E H G D L B 2 7 8 0 7 8 8 6 8 6 6 8 4 6 8 2 6 8 8 5 8 658 4 58 0 58 248 4 4 8 8 3 8 238 0 3 8 428 0 2 8 2 28 8 1 8 4 1 8 2 1 8 8 0 8 0 0 8 T N A C A V T N A C A V T N A C A V T N A C A V T N A C A V T N A C A V T N A C A V T N A C A V T N A C A V T N A C A V T N A C A V T N A C A V T N A C A V T N A C A V T N A C A V N A L P E T I S 0 .1 AHCNAR E H T R E T N E C G N I P P O H S D V L B R A B D N O M A I D H T R O N 0 8 8 -0 0 8 5 6 7 1 9 A C ,R A B D N O M A I D :R E N W O S E I N A P M O C T S O M E R O F 0 0 6 E T I U S ,D V L B R U H T R A C A M 0 9 5 4 0 6 6 2 9 A C ,H C A E B T R O P W E N 4 1 7 6 .8 4 7 .9 4 9 '9 2 .2 9 2 '4 8 .1 9 4 21 o f t h e 6 0 c o n t r a c t u a l l y p r o v i d e d P a r k i n g S t a l l s Designate d P ickup & D r op Off A r e a 7.1.b Packet Pg. 28 Ac t i v i t i e s Ac t i v i t i e s Lo b b y Ki t c h e n La u n d r y Re s t r o o m s M W St a g e S t o r a g e R e s t r o o m s Cl a s s r o o m # 1 Cl a s s r o o m # 2 Oc c u p a t i o n a l Th e r a p y Ph y s i c a l Th e r a p y Ad m i n Pr o g r a m Di r e c t o r So c i a l Wo r k Ma i n Ha l l Di n i n g A r e a Nu r s i n g Qu i e t Ro o m Ex a m Ro o m # 1 Ex a m Ro o m # 2 Ac t i v i t i e s Ma i n E n t r a n c e A n g e l e s D e l S o l A D H C 8 2 0 N . D i a m o n d B a r B l v d . , D i a m o n d B a r , C A 9 1 7 6 5 Fl o o r P l a n NOR T H Fi r s t F l o o r : 1 2 , 0 9 1 s q . f t . Fr o n t De s k Fi l e Ro o m S t o r a g e 7.1.b Packet Pg. 29 A n g e l e s D e l S o l A D H C 8 2 0 N . D i a m o n d B a r B l v d . , D i a m o n d B a r , C A 9 1 7 6 5 2n d F l o o r : 3 , 2 3 3 s q . f t . - F l o o r P l a n Ge n e r a l / A d m i n O f f i c e U s e ** A l l 2 n d F l o o r o f f i c e s : G e n e r a l / A d m i n O f f i c e U s e 7.1.b Packet Pg. 30 82 0 82 2 1 8 A NT VA C A N T VA C A N T VA C A N T A n g e l e s D e l S o l A D H C 8 2 0 N . D i a m o n d B a r B l v d . , D i a m o n d B a r , C A 9 1 7 6 5 Fi r s t F l o o r M e a s u r e m e n t s 11 2 ' - 9 " 9 6 ' - 5 " 1 0 3 ' - 0 " 7.1.b Packet Pg. 31 82 0 82 2 1 8 A NT VA C A N T VA C A N T VA C A N T 2n d F l o o r M e a s u r e m e n t s A n g e l e s D e l S o l A D H C 8 2 0 N . D i a m o n d B a r B l v d . , D i a m o n d B a r , C A 9 1 7 6 5 9 6 ' - 5 " 7.1.b Packet Pg. 32 Project Status Report CITY OF DIAMOND BAR July 23, 2019 COMMUNITY DEVELOPMENT DEPARTMENT LEGEND PH = PUBLIC HEARING X = NON PUBLIC HEARING AP = ASSIGNED PLANNER PC = PLANNING COMMISSION AR = ADMINISTRATIVE REVIEW CC = CITY COUNCIL PROPERTY LOCATION PLANNING COMMISSION REVIEW File # AP Applicant PC 7/23/19 CC 8/6/19 PC 8/13/19 CC 8/20/19 PC 8/27/19 CC 9/3/19 820 N. Diamond Bar Blvd. (Adult day health care center) CUP PL2019-62 MN Angeles del sol ADHC, LLC PH ADMINISTRATIVE REVIEW Property Location AP Applicant None PENDING ITEMS Property Location File # AP Applicant Status 1619 Bears Den Rd. (Addition to single family residence) ADR PL2019-17 MN Nathan Gallardo Incomplete letter sent 2/20/19 850 Brea Canyon Rd. (109 Room, 61.5K Sq.Ft. Hotel; 8,900 Sq.Ft. 1 Story Office; 47,642 Sq. Ft. 3 Story Office) GPA/ZC/DR PL2017-169 GL Phyllis Shih Environmental review being prepared 22307 Broken Twig (New single family residence) DR PL2017-213 MN Pete Volbeda Third incomplete letter sent 6/4/19 – waiting for additional information 1607 Derringer (Addition and remodel to single family residence) DR PL2018-157 NTE Shiv Talwar Third incomplete letter sent 7/16/19 – waiting for additional information 750 N. Diamond Bar Blvd. (Convert to medical office) CUP PL2017-139 MN Howard Zelefsky Third incomplete letter sent 11/14/18 - waiting for additional information 1111 N. Diamond Bar Blvd. (New Single family residence) GPA/ZC/DR PL2015-253 GL JWL Associates Third incomplete letter sent 5/29/19 – waiting for additional information 1155 S. Diamond Bar Blvd. (relocate chess studio) CUP PL2019-59 NTE Shijie Chen Incomplete letter sent 5/3/19 – waiting for additional information 2825 S. Diamond Bar Blvd. (New gym) CUP PL2019-103 NTE Chase Villafana Incomplete letter sent 7/12/19 – waiting for additional information 233 Gentle Springs (Alcohol sales and outdoor dining) MCUP PL2018-222 MN Nels Long Incomplete letter sent 3/13/19 – waiting for additional information 21050 Golden Springs, #C107 & C108 MCUP PL2019-108 MN S&J Gran Café Incomplete letter sent 7/8/19 – waiting for additional information 9.1 Packet Pg. 33 Project Status Report CITY OF DIAMOND BAR Page 2 July 23, 2019 COMMUNITY DEVELOPMENT DEPARTMENT PENDING ITEMS (continued) Property Location File # AP Applicant Status 21130 Golden Springs MCUP PL2019-122 NTE Marwan Almannini Under review 2244 Indian Creek (New single family residence) DR PL2019-42 MN Pete Volbeda Second incomplete letter sent 6/5/19 – waiting for additional information 2432 Indian Creek (New single family residence) DR PL2018-226 MN Jeffrey Sun Second incomplete letter sent 4/2/19 – waiting for additional information 332 N. Platina (Addition to single family residence) DR PL2019-55 NTE Liu Chang Pei Second incomplete letter sent 7/9/19 – waiting for additional information 23135 Ridge Line Rd. (New single family residence) DR PL2018-233 MN Faiz Ennabe Incomplete letter sent 1/8/19 - waiting for additional information 24030 Shotgun (New single family residence) DR PL2016-195 NTE Pete Volbeda Fifth incomplete letter sent 2/25/19 - waiting for additional information Various locations in public right-of-way (wireless facilities) CUP PL2017-69 MN Anthony Serpa Second incomplete letter sent 2/28/18 - waiting for additional information 9.1 Packet Pg. 34