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HomeMy WebLinkAbout10/22/1990 _ �7 . � .� �iL:.u...��..� ... \_ .:-! . . �. AGENDA CITY OF DIAMOND BAR PLANNING COMMISSION WALNUT VALLEY UNIFIED SCHOOL DISTRICT BOARD MEETING ROOM 880 SOU�H LEMON STREET ' � , WALNUT , CA October 22 , 1990 7 : 00 P . M . CALL TO ORDER : 7 : 00 P . M . PLEDGE OF ALLEGIANCE : ROLL CALL : COMMISSIONERS : Grothe , Lin , MacBride , Vice Chairman Harmony , Chairman Schey I . MATTERS FROM THE AUDIENCE / PUBLIC COMMENTS : This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction . Generally , items to be discussed are those which do not appear on this agenda . II . 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 tYie Commission only : . 1 . Minutes of the October 8 , 1990 Meeting III . OLD BUSINESS : l . Consideration of Resolution of Denial for Tenta - tive Tract 47722 & CUP / OT 89 - 338 : A request for approval of a Tract Map and Condi - tional Use Permit for Hillside Management Review ' to allow a subdivision of an existing 19 acre parcel into 16 residential lots , and an oak Tree PLANNING COMMISSION AGENDA Page Two Permit to remove l0 Oak trees . The property is zoned R- 1 - 10 , 000 and is located northwest of the intersection =of Derringer Lane / Ridgeline Road . Applican�: : Piermarini Enterprises , Inc . ( Public Hearing was closed on October 8 , 1990 ) . IV . NEW BU3INESS : 1 . Request for Extension o£ Tentative Tract Map No . 45678 and Conditional Use Permit / Oak Tree Permit No . 87 - 373 . Applicant : Dr . Akbar Omar , for A . R . Leasing Investment , Inc . 2 . Review and comment on Draft Capital Improvement Program V . PUBLIC HEARING ITEMS : 1 . Variance 90 - 101 : A request for approval of a three story single family residence in excess oP 35 feet above average finished grade and environmental determination , Lot 5 is locat - ed at 1741 Derringer Lane . Applicant : Pete Volbeda I VI . ANNOUNCEMENTS : 1 . Planning Commissioners 2 . Staff VII . ADJOURNMENT : Adjourn to November 13 , 1990 , at 6 : 00 pm for a Special Joint Study Session with the City Council on Capital Improvement Programming . AGENDA NO . , -------------------------------------------------------------- CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA REPORT ------------------------- ----------------------------------------------------- -------------------------- DATE : October 19 , 1990 MEETING DATE : October 22 , 1990 ' TO : Honorable Chairman and Planning Commissioners FROM : James DeStefano , Director of Plann � 7 �� , �t SUBJECT : Request for Extension of Tentative Tract Map No . 45678 and Conditional Use Permit / Oak Tree Permit No . 87 - 373 BACRGROUND : The applicant , Dr . Akbar Omar for A . R . Leasing Investment , Inc . has requested an extension of time in order to comply with the conditions of #TM 45678 and CUP / OT 87 - 373 . Dr . Omar ' s letter requesting an extension is dated February 26 , 1990 , ( Exhibit " A " ) . The property is located along the north side of Clear Creek Canyon Drive gener - ally between Cleghorn Drive and Monument Canyon Drive . The project consists of approximately two ( 2 ) acres which is proposed to be sub- divided into ten ( 10 ) lots . Nine ( 9 ) lots are proposed for single family resi - dential development . The remaining lot # 10 is proposed as open space . Lot Nos . 1 - 9 range in size from 5 , 815 square feet to 9 , 050 square feet . The project received a conditional approval from Los Angeles County on March 22 , ' 1988 . The tentative tract map , conditional use permit and oak tree permits ex- pired on March 22 , 1990 . The applicant responded to a variety of project conditions and presented the " Final " tract map for approval by the City Council on February 20 , 1990 . The Council denied final acceptance of the map due to the failure to meet all the conditions of approval . i ' Again , the applicant ' s letter request for an extension of time is dated February 26 , 1990 . DISCUSSION : Section 66452 . 6 ( e ) of the California Government Code grants an automatic sixty ( 60 ) day extension of time on tract maps upon request . Therefore , the new expi - ration date became May 21 , 1990 . The City Engineer has prepared a memorandum , ( Exhibit " B " ) , dated August 22 , 1990 , which outlines the city involvement with the project . The memorandum in- dicates that there has been limited activity by the applicant to resolve the outstanding issues since June , 1990 . As of this date , the applicant has yet to comply with all conditions of the ori - ginal approval . Planning Commission Agenda Item October 22 , 1990 The City Attorney has recommended that this matter be scheduled before the Plan- ning Commission . The developer will be available to discuss the matter and pre- sent his reasons for the extension request . The Commission has the following options : 1 . Approve the one ( 1 ) year extension request ; or 2 . Approve a six ( 6 ) month extension ; or 3 . Deny the request . The applicant has the right to appeal a denial to the City Council . It is staff ' s opinion that the extension request should not be granted . The applicant has had sufficient time to meet the conditions of approval and has not done so . The applicant ' s final map was denied for failure to meet conditions . The appli - cant then filed for an extension . A proceeding on the extension request did not take place . The map is now over 2 1 / 2 years old , and the applicant has not provided evidence to staff to support an extension . RECOMMENDATION • Staff recommends that the Planning Commission deny the request for an extension of TTM 45678 and CUP / OT No . 87 - 373 . \ pjs i Attachments CITY OF DIAMOND BAR MINUTES OF THE PLANNZNG COMMISSION ' OCTOBER 8 � 1990 CALL TO ORDER : Chairman Schey called the meeting to order at 7 : 00 p . m . in the Walnut Valley School District Board Meeting Room , 880 South Lemon Street , Walnut , California . PLEDGE OF The audience was led in the Pledge o £ Allegiance by ALLEGIANCE : Vice Chairman Harmony . ' ROLL CALL : Commissioner Lin , Commissioner MacBride , Vice Chairman Harmony , and Chairman Schey . Commissioner Grothe absent . Also present were Planning Director James DeStefano , Associate Planning Director Robert Searcy , Contract Planner Larry Weissman , Planning Technician Ann Lungu , City Attorney Bill Curley , City Engineer Ron Kranzer and Secretary ( contract ) Liz Myers . CONSENT CALENDAR : Chairman Schey presented the Consent Calendar and requested the minutes of August 27 , 1990 , September 10 , 1990 , and September 24 , 1990 be pulled for discussion . No other items appeared . MINUTES : VC / Harmony asked the minutes of August 27 , 1990 page 7 , paragraph 9 , second line be deleted , and page 8 , second paragraph be deleted . Motion was made by C / MacBride , seconded by VC / Harmony and CARRIED UNANIMOUSLY to approve the minutes of August 27 , 1990 . C / MacBride asked the minutes of September 24 , 1990 page 9 , last paragraph be deleted following the first sentence . Motion made by VC / Harmony , seconded by C / Lin and CARRIED UNANIMOUSLY , with Chair / Schey abstaining , to approve the ' minutes of September 10 , 1990 . Chair / Schey asked the minutes of September 24 , 1990 be corrected tm show he called the meeting to order . C / Lin noted a correction on page 3 , paragraph 5 to state C / Grothe intended to refer to the Diamond Bar Boulevard entrance , not the Grand entrance . VC / Harmony wants page 3 , paragraph 1 amended to read . . . and is concerned with the concept of permeability . He asked the word " readable " be amended to " contour " . He further asked page 4 , paragraph 3 be deleted and page 5 , paragraph 1 be amended to show VC / Harmony made the motion . Motion made by VC / Harmony , seconded by C / MacBride and CARRIED UNANIMOUSLY to approve the minutes of September 24 , 1990 . MATTERS FROM TAE Chair / Schey asked if anyone in the audience would like AUDIENCE : to address the Commission on any item not appearing on the agenda . October 8 , 1990 Page 2 Dan Buffington , 2605 Indian Creek , asked if the item under New Business ( Interim Development Control Ozdinance Draft ) included the Hillside Development . The Commission informed him it was included . PBBLIC AEARING ITEMS : Tentative Tract Chair / Schey asked for the staff report . 47722 and CUP / OT 89 - 338 : James DeStefano stated the project before the Commission is an application by Piermarini Enterprises , Inc . to subdivide a 19 acre site into 16 residential lots . He e� lained a Conditional Use Permit is required for the Hillside Management Review because the bulk of the site exceeds a 25 % slope ratio , and an Oak Tree Permit is required , because of the removal of approximately ten Oak trees . He included the Environmental Impact Report £ or the Commissions review . He stated , at the request of the Planning Commission , new notices of the public hearing ' was mailed , to approximately 130 property owners of record surrounding the proposed development site , on October 4 , 1990 . James DeStefano summarized the staff report to the Commission : 1 . Lot 5ize - The zoning for the project is R- 1 - 10 , 000 and the Community Plan desiqnation is for non -urban residential ( one unit or less per acre ) . There are 16 lots on 19 acres which translates to 1 . 18 acres per lot , and the lots range in actual size from . 42 acres to 2 . 51 acres . All lots comply with the Community Plan when lot averages are calculated but , in the opinion of the staff , this practice is not a favorable methocl of achieving the intent of the non -urban designation . 2 . Density / Grading - The density of the hillside development has a direct impact on the quantity of grading required . This particular project has a remedi� l gradinq of 80 , 000 cubic yards necessary regardless of the number of units proposed on the site . The project is proposing 16 units , which will require a grading of 204 , 000 cubic yards of dirt . The current ordinance requires a low density threshold calculation £ or the development in non urban hillside management areas and the Community Plan establishes the maximum permitted density . When using the low density threshold calculation , the low density threshold equates to 2 . 35 units on 19 acres . 3 . Roadways - There is a cul -de - sac proposed , extending 1620 feet fram the intersection with Derringer Lane to the terminus of Lane " B " ( excluding the primary access service road serving lots 5 and 6 ) . The site plan indicates slopes of Octo�er 8 , 1990 Page 3 up to 15 % . Driveways have pavement widths which ' varies from 16 feet to 20 feet . The parcels with driveway access have the required frontage on the main road , but not the driveway access needed because of grade differences between the road and the building pad . 4 . Oak Trees - The existing ordinance requires 2 oak trees be replaced for every one oak tree removed . ', The Planning Commission has established an oak tree replacement policy that exceeds the minimum requirements . The 10 oak trees identified for removal would be replaced with 30 oak trees with 24 " minimum box size . 5 . EIR - DG King Associates has been retained by the applicant as its environmental consultant and the DEIR was prepared by them . The EIR assesses the potential physical environmental impacts associated with the proposed project . To initiate the environmental review process , the City staff prepared an initial study , which is a checklist establishing the technical focus of the DEIR . A notice of preparation was prepared to inform selected agencies of the project and to solicit their comments or concerns . Those comments have been incorporated and responded to within the EIR . A draft EIR has been prepared and submitted to the City for review and then a Notice of Completion , to indicate the availability of the DEIR , will be given to all the organizations and individuals who had previously requested it . The effect upon the environment must be taken into account when considering a specific development project . The California Environmental Quality Act , CEQA , states public agencies should not approve projects proposed if there are feasible alternatives or feasible mitigation measures that would lessen the significant effects upon the environment . If the City finds changes or alterations in the project are not feasible , or that the unavoidable significant environmental effects are acceptable , there must be adequate evidence on the record to support such a finding . The Government Code Section 66474 requires the denial of a tentative map by the Planning Commission when the design of the sub-division or its improvements are likely to cause substantial environmental damage . 6 . Video - Helicopter ride around the City to view the development in the immediate area as heading toward the site . The helicopter flew over the site , then swung around and returned in another direction , enabling a front on view , matching the model . 7 . Background - The site consists of hilly terrain . A slope analysis indicates 6 . 17 acres are located on slopes of 0 - 25 % , 10 . 54 acres are found on October 8 , 1990 Page 4 slopes of 25 - 50 % , and 2 . 38 acres exceed a 50 % slope . A 30 " Southern California Gas Company high pressure gas line traverses the southern portion of the site . The applicant is proposing a subdivision of 16 lots which will range in size from 18 , 400 sq . ft . to 109 , 400 sq . ft . of lot area . Pad areas range in size from 8 , 300 to 20 , 900 sq . ft . The dwelling units planned for the pads would range from 5 , 000 to 10 , 000 sq . ft . in size . 8 . Discussion - Grading plans indicate a balanced cut and fill of the site . No import of material will be required . Export of some material is expected to grub the site of natural grasses and various trees . It is expected that grading utilizing earthmovers will require 11 to 45 days to conclude grading activities and the noise and dust associated with such activity may be affected by conditions such as weather and hours of operation . Grading plans indicate the maximum height for cut slopes is 80 feet and the maximum depth of the fill is 95 feet . Slopes throughout the project site will have a variable slope ratios of from 1 to 4 for crib walls proposed to 2 to 1 ( 2 feet of horizontal space is required for each 1 foot in vertical height ) . Adjacent to these slopes will be the flat building pads which will be developed for the construction of the residents . Access to this site will be via Derringer Lane and construction workers will commute daily . The applicant has not identified where the construction vehicles will park and remain during non -working hours . The staff has reviewed the developer ' s DEIR , including several dozen revised pages of maps , charts , and the latest text received October 2 , 1990 . As a result of the review , staPf maintained a high level oP concern regarding the adequacy of the DEIR . Staff felt the DEIR does not appropriately address the inconsistency between the proposed project and the Community Plan . Summation of the variety of goals within the Community Plan : 1 . Maintain the rural setting of the community . 2 . Minimizing the alteration of the natural terrain . 3 . Minimizing the alteration of the natural hillside . 4 . Preserving the major ridgeline . 5 . Minimizing the adverse visual impacts . 6 . Minimizing grading . � . Protecting the visual quality of highly scenic areas . Staffs review of the DEIR : Octobex 8 , 1990 Page 5 l . A complete review , of a " reasonable " alternative to the project , is lacking . It was requested , from the consultant , to have an analysis of alternative densities on the site to protect the ridgeline , reduce grading and come up with a development . The applicant was asked three different alternatives be examined : a 6 unit alternative ; an 8 unit alternative ; and two unit alternative . 2 . The DEIR identifies several significant impacts and ' indicates the environmental effects can be reduced to a level of insignificance , but alternative project designs have not adequately been explored in terms of further reducing impacts associated with the project . 3 . The grading techniques , and the extent of the earth movement proposed , if approved , would establish a new precedent and policy for hillside development within the City . An examination , of such a policy and its impacts , should be explored in a cumulative environmental setting . The DEIR does not adequately explore the cumulative impacts of the proposed project . 4 . The DEIR indicates the project will be a visual boon both to the occupants and the viewers from afar , with the proposed landscaping . The staff has found no evidence in the DEIR which supports this conclusion . 5 . The determination of whether or not impacts �re significant and adverse is an issue for Commission consideration . If the Commission determines there will be significant adverse impacts , then it must determine the benefits of the projects to the Community , outweigh the adverse impacts , and recommend to Council a Statement of Overriding Considerations be made by the City Council before approving the plan . James DeSte£ ano concluded , since the application is for several disqretionary permits , the Commission has several options : 1 . Approve the project and impose conditions . , 2 . Deny the project . 3 . Continue the matter until further information is provided . Staff emphasized policy , and not feasibility , is needed to dictate the form which development should take , and declared the proposed project : 1 . Does not conform with the Community Plan . 2 . Is fundamentally too intense for the site . 3 . Inadequately mitigates the impacts of ' development . October 8 , 1990 Page 6 4 . Is inappropriate for its surroundings . 5 . Results in an inferior site plan . James DeStefano recommended the Planning Commission direct the staff to prepare a resolution of Denial , without prejudice , and bring it back for the Commissions final consideration . Chair / Schey asked for clarification as to how the density , in averaging lot size , is determined within the Plan . Robert Searcy , Associate Planning Director , stated the Plan does not dictate an amount of specificity toward application , but the staff uses a lot by lot determination . C / MacBride asked if the County proceeded on an average concept , and was told , by Robert Searcy , that it did . Chair / Schey opened the hearing to the public and asked the applicant to make the presentation . Frank Piermarini , developer in Diamond Bar for 17 years , and resident for 16 years , stated the goal , for the 19 acre parcel , is to build the finest luxury homes that average 1 . 18 acres , ranging from 5 , 000 to 10 , 000 sq . ft , all individually designed , completely irrigated , and landscaped . Mr . Piermarini perceived the property as a liability with a potential fire hazard , slide area , and noise and erosion problems that is to be solved on the completion of the development . He stated the designs will fit within the guidelines of the Country and has tried to present to staff and the neighbors a good project . Don King , office located at 10722 Arrow Route Ste . 616 , Rancho Cucamanga , addressed the topics of concern of the EIR : i 1 . Grading a . Remedial grading of 80 , 000 cubic yards a safety reason to mitigate existing geological problems . b . Grading is to be done at once . c . The final grading plan is adjustable to any new City standards using CUP condition . 2 . Road Grades a . Concerning the 15 % grading , the County had granted a negative declaration in the original development and was also approved by the County Fire Department . 3 . Gas Line a . The gas line is to be relocated . b . The Gas Company will approve the final Octo�er 8 , 1990 Page 7 layout , design , and construction of the new line . c . The Gas Company will do the hookup and the ' disconnecting . d . The safety requirements are stingingly , en£ orced by the Gas Company and they assume all liability . ' 4 . Question of the Intermittent Blue Line Stream a . The original review showed there was a possibility the development encroached on a Blue Line Stream . b . The actual scale and the topographic analysis later showed the two Intermittent Blue Line Stream were not on the subject site . c . The applicant is waiting for a response from the California Fish and Game , and assume no response is a silent agreement . 5 . Crib walls retaining the creation of new slopes a . The tallest section of crib wall is 28 feet and would move horizontally 4 feet , therefore fitting comfortably in the 50 feet of the highest section of the crib wall . b . The walls are not solid and will be covered with landscaping . 6 . Proposed Landscaping a . Replacement trees will be provided by City standards . b . The site is now barren , and is a fire hazard , without visual amenity . c . The new landscaping is proposed to cover the entire site and the applicant will assume responsibility in maintaining the landscaping . d . There will be a variety of trees and tree sizes proposed in a conceptual landscape plan . e . The landscaping must meet the Country standards . 7 . Buffering and Privacy a . The applicant met with the adjacent neighbors at� a neighborhood meeting and offered to plant ' trees where buffering is needed - on neighbors property if necessary . b . There will be trees and bushes planted to screen and assure privacy of neighbors . 8 . Viewshed and Visibility : Aesthetics a . The applicant has provided a srale model to fully show what the proposal will look like . b . There is a complete photographic survey showing the existing site from both near and far . 9 . Ridgelines , a . The photographic survey shows the current ridgeline as barren of trees . b . A new ridgeline would be created by the October 8 , 1990 Page 8 crowns of new trees , included in the development . The grading and new slopes would blend into the background because it would be green rather than light tan as now exists in the summer . 10 . Environmental Review a . Originally the project had been reviewed by the County and they £ ound no significant impacts and granted a negative declaration . The City is not sure of the analysis done by the County and a Focused EIR was requested . The Focused EIR ( one of 8 units and one of 6 units ) was prepared following the requirements of the CEQA . No significant impacts on the environment were found to occur should the project be built as proposed . b . The FEIR is by law only an informational document which identifies what would likely occur if the project were built as proposed . By law , an FEIR cannot assume an advocacy position . c . The suggestion that the Commission cannot certify the FEIR , or approve the proposed project without making findings or overriding concern , is leading since the Commission has not yet determined whether a significant impact would occur . Significant impact is properly defined by the CEQA . d . Certification of the EIR , merely acknowledges the City followed the rules of CEQA in preparation of the FEIR . It does not acknowledge anything else . The proposed project may still be approved or denied whether there are environmental impacts or not . Don King , finished with his prepared response , continued with answers to some of the questions raised by the staff report . � 1 . Density and Grading a . There is an exception on the site because the remedial grading is not a safe set of ground , and should be done regardless . b . The relocation of the gas line involves grading . c . The statement , " With a density approving the low-density threshold , the quantity of required grading can be projected to decrease accordingly . " , is not supported by the data in the EIR . 2 . Roadways a . The roads and the gradient proposed are consistent with the County codes . Octo�er S , 1990 Paqe 9 3 . Oak Trees a . The applicant has proposed to meet the City standards and , as stated , there would be additional landscaping . b . Long term maintenance is negotiable with the City and the applicant or as authorized by the City . 4 . Landscaping ' a . The landscaping plan was submitted and had been changed to meet the Country standards . Don King discussed the report of the EIR : 1 . In regards to the statement , " Disagreement among experts does not make an EIR adequate . " , he added , " nor inadequate " . The question of adequacy deals with the amount of information available to make an ', adequate decision . 2 . The applicant had replaced supplemental and revised pages of the EIR , instead of placing them in the ' appendix of the EIR , in hopes of creating less confusement . 3 . The lots are larger then the minimum required in the Community Plan . 4 . The General Plan Policy to maintain the original landscaping is inconsistent to the proposal because the applicant will put in landscaping where there is none now . 5 . The remedial grading requires extensive cuts altering the terrain and the ridgeline . The question to be determined is : is it consistent to the General Plan to put the soil back to its original state , or put the soil back in a manner allowing development . 6 . The site is not a visual amenity . 7 . As an alternative , 2 units are not reasonable to ' build because of the amount of grading required . Remedial grading is necessary regardless of what is develo�ed . 8 . The DEIR would set precedent on this site and any site that has the problems to the extent of this site . The land is without much use other than housing . 9 . The consultant does not have the technology to do computer graphics on houses not designed and add them to the site for identification . Frank Piermarini summarized his development will stop the hazards existing on the land and will develop the land into a beautiful site . He asked the Commission to approve the project . Chair / Schey adjourned the meeting for a recess at 8 : 45 p . m . and called the meeting to order at 8 : 53 p . m . October 8 , 1990 Page 10 Chair / Schey declared the Public Hearing open to the audience in favor of the project . John Pringle , attorney for the Diamond Bar Country Estates Association , stated the board of directors basically supported the development and has reached a tentative agreement , with Mr . Piermarini , concerning the access issues through the Country . Dan Buffington , 2605 Indian Creek , stated as a point of clarification referring to the General Plan , density is to be an average . Alan Kinder , 1800 Derringer , commended Mr . Piermarini and approves of the development of 16 homes . Al LaPeter , 23955 Ridgeline , felt the property is a tremendous fire hazard and very unsightly . Lorraine Repucci , resident of Diamond Bar , commended Mr . Piermarini on his developments and attentiveness to his projects . Those in opposition to the project . Pat Brashere , 13 year resident at 23497 Coyote Springs Drive , felt the project will obstruct view of homes , and will be an eyesore from the freeway . He believed the Country was to be open and rolling , not condensed . Tom Kraver , 1678 Bronsnell Rd . , is totally opposed to the development of the 16 units in the area and would like to preserve the land for the existing wildlife . Steve Campbell , 23485 E . Coyote Springs Dr . , commended Mr . Piermarinis developments but is concerned with the nature of setting a precedent . He questioned if future builders would do similar quality work . I Suzanne Paine , 23494 Coyote Springs , was against the crib wall and was concerned with the environment and the wildlife . Claudia Huff , 1640 Fire Hallow , noted the applicant never mentioned the alternative of leaving the land as it is . She felt the 16 unit development is obscene and would like the area left alone for the wildlife . Debbie 0 ' Donnell , 23550 Coyote Springs , stated her home will get the run off during the rainy season and is concerned about the safety of relocating the gas line . Bob Hu£ f , 1640 Fire Hallow , felt Mr . Piermarini would do a good job of development but felt the City should Oct �ber S , 1990 Page 11 avoid overdevelopment . Toni Lewis , 1504 Hallow Bluff , stated if prior decisions could be overturned within the General Plan , then it would make guidelines difficult . Chair / Schey asked for the Commissioners comments . VC / Harmony was concerned with the safety of the 15 % grade . Ron Kranzer , City Engineer , stated 15 % is an acceptable standard on hillside developments but would try to keep it less if achievable . VC / Harmony was concerned with the 3 Iots serviced by a driveway with substandard roads , includinq the road traversing down the hill . Ae doubted the ability of the ' Fire Department to have sufficient access to the properties . Don King responded the drive below the hill was intended to reduce the grading . He stated the engineer couid eliminate the drive because those lots do have access on the cul -de - sacs that meet the City standards . A1 Dayton , representative of Piermarini Ent . , stated the drive is necessary for access to the gas line , regardless of the accessibility of the homes . VC / Harmony was uncomfortable with the mass of development occurring on very steep roads , small lots and the safety regarding fire protection . A1 Dayton stated the plan was approved by the Fire Department and a negative declaration was obtained from the County . He explained the cul - de - sac street is acceptable for accessibility because it has a turn around for the Fire Trucks . ' VC / Harmony �nquired as to how tall the crib wall , on the west edge , will be above the existing grade . A1 Dayton stated the wall is 18 feet high , however 22 feet of the crib wall will be below the grade adjacent to the existing houses , and will not be visible . ' VC / Harmony ascertained the development will create a negative visual impact to the hillside and may not meet SEQA requirements . VC / Harmony asked the applicant if a plan was submitted during the grading phase , that would mitigate any storm runoff . A1 Dayton stated an erosion control plan would be October 8 , 1990 Page 12 developed at the same time as the final grading plan . Ron Kranzer explained the City has strict guidelines on erosion maintenance and the developer is responsible to maintain any erosion control devices . C / MacBride asked the location of the reconstitution of the major line of unstable land . Don King responded it would be exactly where it is now in horizontal alignment and it would merely be a change in vertical alignment consistent with the grading . C / MacBride requested James DeStefanos viewpoint of the video . James DeStefano noted the hills are steeper than visualized on the map , and he saw much more trees on the site that may be affected by the grading . Chair / Schey is concerned about the excessive grading necessary to develop the proposed site , and felt the overall density is too great , given the restraints on it . He is not convinced the grading required would not be lessen , if less homes are built on the site . He stated the impacts , of this development , are almost entirely going to be felt by residents outside the Country , therefore what they allow is irrelevant to the case . He concluded , there is too much development , in this site in this particular circumstance . VC / Aarmony summarized the project is out of character with the Community plan . C / MacBride perceived Diamond Bar to want to limit development to reflect the feeling o£ country living . Chair / Schey declared the Public Hearing closed . C / Lin suggested developing guidelines for a compromise between thei applicant and the neighbors . She had no objections to developing the land but had reservations to the number of lots planned . Motion made by VC / Harmony , seconded by C / MacBride and CARRIED UNANIMOUSLY to direct staff to prepare , for the next available meeting , resolutions denying , without prejudice , the Oak Tree , CUP , the Tentative Tract , and making an appropriate finding of the EIR . Draft Sign Chair / Schey asked for the staff report . Ordinance : Larry Weissman , Contract Planner , stated the purpose of the discussion is to describe the qoals , the structure and the rationale of the draft sign program . October 8 , 1990 Page 13 , 1 . The Goals of the Ordinance : ' a . To encourage use of modest signs with due , regards for the needs of the business ' community . b . To ensure sign permit applications receive an ' appropriate level of review . ' c . To bring existing signs , as much as is practical , into compliance with any regulations which is ultimately adopted . , He stated the draft ordinance seeks to achieve these goals through the application of design and locational standards , in the system sign categories , which determines the level of review required for various signs . The draft ordinance includes : 1 . Provisions for the maximum size area and heights , which re£ lect the minimum height necessary , for effective communication of inessages , including provisions for special circumstances , which may justify exceeding the proposed maximum . 2 . Locational standards to minimize impacts in commercial and residential areas . 3 . The creation of four ( 4 ) sign groups : a . Planned Signs - for Planning Commission Review b . Basic Signs - for staff review c . Exempt Signs - no permit required d . Prohibited Signs - not permitted in any zone 4 . The prohibited signs will probably be given high priority in any sign abatement program . ' Examples of changes if the draft is adopted : 1 . The 12 foot pole , and pylon sign located on Colima and Brea Canyon , and on Diamond Bar Blvd . by the ' freeway , would be prohibited . 2 . Wall signs would be limited to a maximum area of 100 sq . ft . for business use . 3 . Temporary signs , such as Commercial Real Estate signs , and Subdivision sale signs , would be reduced in size . The staff has reviewed the comments made by the Commission , on the hearing of September 24 , 1990 , and the comments on the survey . Some additions have been made to the ordinance reflecting those comments . The draft , in its current form , has also been mailed to approximately 60 groups for their statement . It is recommended , the Commission direct staff to make revisions , and prepare the draft sign ordinance for clarification , by the City Attorney , for future recommendations to City Council . October 8 , 1990 Page 14 Chair / Schey asked the Commission for any questions to the staff . VC / Harmony indicated the 4 feet restriction on the monument signs to be small and would like a compromise to increase it . He realized the pole signs have been prohibited but would like to know if there is a mechanism , through the CUP , to allow for special circumstances . James DeStefano informed the Commission there are two ways to permit special circumstances : 1 . Put in a revision stating any sign above " x " feet requires a Conditional Use Permit . 2 . Leave the Ordinance as drafted , and a sign above " x " feet , needs approval of a variance . He stated either case would have to be substantiated . Bill Curley , City Attorney , elaborated the CUP gives more flexibility in the applicants rationale for a special circumstance , whereas , a variance gives the applicant a higher standard to overcome and must have certain discreet characteristics justifying the change . He explained the State General Planning Law provides four ( 4 ) discreet criteria for a variance , without exceptions , and are reflected in the County Code . VC / Harmony stated if the Commission does not mention the CUP , then the variance automatically becomes adopted . Chair / Schey summarized , if the Commission left pole signs as a prohibited sign , then by statute , the applicant would have the ability to ask for a variance . VC / Harmony would like staff to elaborate on the Commercial and Real Estate signs . Larry Weissman explained the Construction and Commercial Real Estate sign have been increased to an area of 24 sq . ft . £ eet and the height to 6 feet , a change from 16 sq . ft . and 4 feet in height . i C / MacBride asked if the Commercial and Real Estate signs were one of the concerns of the Chamber of Commerce . Staff felt the Chamber of Commerce would find the present requirements adequate . C / MacBride inquired as to their concerns on banners , flags , and pennants . Larry Weissman stated the present code prohibits banners , flags , and pennants , including portable signs October 8 , 1990 Page 15 and balloons , whereas the survey from the Chambers ' indicated the respondents would like to use them on a temporary basis for special events . Chair / Schey open the Public Hearing to the audience . Jeff Nickle , with the Trammell Crow Company , at 18500 E . Gale , City of Industry , which acquired the building at 1370 Valley Vista , in Gateway Corporate Center , from the ' original developer . Ae would like to bring to the Commissions attention some of the elements of the signage program he felt can be architecturally compatible with the Community and also serve a legitimate commercial purpose . He urged the Commission to allow nonconforming signs to exist at a minimum until the current tenant leaves the City . In regards to Real Estate sign , he felt the signs should vary in size in accordance to the size of the project . In his opinion , a permanently mounted sign , with lanscaping at its base , is very attractive . ' In conclusion , he urged the Commission to retain the flexibility , in the consideration of the ordinance , in allowing non- conforming signs with special circumstances . Don Nardella , 22344 Coyote Springs , representing the Chamber of Commerce , questioned if it is appropriate for the Planning Commission to review window signs . He questioned what a special flag is . He stated there is a lot of desire among the business Community to see the draft , and pointed out merchants are very concerned with , the phasing in of the plan . He would like to see provisions for temporary lighting for holidays and other special events . He noted , for Commercial space , the Commission should make some consideration for the size of the development in relationship to the size of the sign . James DeStefano concluded the purpose of the hearing is to acquire the various ideas and develop them into a real ordinance . ' Chair / Scheyideclared the Public xearing closed and asked for the Commissioners comments . VC / Harmony , in response to Mr . Nardella comments , indicated there needs to be some provision directing window signs . However , he believed the 25 % allowed presently does not give adequate consideration for special events , or well executed window signs . He asked staff for the definition of special flags . Larry Weissman stated special flags indicate the difference between the permits obtained by the Planned Sign program and those obtained through the Exempt Signs . Flags up to 6 feet in height , within the given October 8 , 1990 Page 16 size area , are Exempt Signs , and those above that go to the Planned Sign category . The ordinance does allow for any governmental flags , national flags and governmental agency type flags within the height restrictions of the zone area . Chair / Schey asked staff if they need to put the draft in a more conventional ordinance form before taking it to a formalized Public Hearing . James DeStefano recommended staf £ send a £ollow up letter stating the Planning Commission has given direction to develop the ordinance and staff is available for any discussion about tonights meeting . Staff will then redistribute the draft ordinance , leading up to a Public Hearing , to further discuss its merits . He stated staff could put the draft in a more conventional form by the first meeting in November . VC / Harmony preferred the Commission state the changes to the ordinance , before staff is directed to put the ordinance in a formal format . The Commission directed staff to amend : 1 . Monument Signs - allowed to go to a maximum height of 6 feet , with no more than 4 feet being a sign copy . 2 . Window Signs - an additional o put on top of the present 25o for holidays . Chair / Schey directed staff to place the structure in an ordinance format and bring it back to the Commission for hearing the second meeting in November . He requested staff , in the mean time , send the follow up letter and subsequently distributing the draft ordinance . NEW BUSINESS : Interim Staff stated the Council , during the Study Workshop Development Session , ha� agreed the Commission go forth and develop Control Ordinance an ordinance . Staff has put together a variety o£ Draft : excerpts from 9 different ordinances . The draft , before the Commission , has many flaws , but it represents the direction to declare policy , establish the specifics to be given developers , and the direction as to the occurrence of development on the hillside , at least for the interim . Once the document is polished , it will represent greatly , the direction of hillside development . The draft has not been reviewed by Mr . Kranzer , nor by other departments or operations that may be effected by it . It is staffs intent to get this to City Council by next Tuesdays meeting . �etober 8 , 1990 Page 17 ', Bill Curley informed the Commission the Interim ' Ordinance is a two ( 2 ) step process : 1 . It takes effect immediately after adoption , and will run for 45 days . During that period , staff commences or finishes the final product and thirty , five days into it , a report must be prepared publicly discussing where they are at in the process . Generally the report is short . If the final product is completed , it is adopted through the normal process , if not , the second step is adopted . ' 2 . It takes it on for another 10 1 / 2 months . At the ' end of that time , another analysis is given and is extended it for another year . Bill Curley stated , if in the first 45 days , the report finds what was adopted in the Interim is unmanageable , it can be dropped and the process begins again . Motion made by C / MacBride and seconded by VC / Harmony and CARRIED UNANIMOUSLY for support from the City Council to adopt the Emergency Interim Ordinance , in its polished state , and the Commissions expression for the need of such an ordinance . Ron Kranzer wondered how the draft applied , to the ridgetop development , in the Country . For those asking for a permit or a site plan now prohibited , but not contrary to the way the Country has already been developed , would have a Catch 22 situation . James Destefano stated there is a provision allowing for ' existing single unit lots to proceed . ANNOUNCEMENTS : James DeStefano stated November 12 , 1990 is a holiday and November 13 , 1990 is a special meeting , thereby restricting � the Planninq Commissions meeting for the Public Hearing . C / MacBride suggested meeting November 9 , 1990 at City Hall . James DeStefano suggested having the scheduled meeting of November 26 , 1990 , and sta £ f will have the Commissioners packets ready by November 16 , 1990 in order to concentrate the efforts in one meeting . Chair / Schey stated the only issue that would carry over from the missed meetinq is the cellular phone sell and the development code will be a discussion item . October 8 , 1990 Page 18 James DeStefano concurred and included the development code should be subdivided into discussions , whereas , one evening would be of residential zones , and another evening about commercial zones . Chair / Schey stated to forgo the meeting of November 12 , 1990 and meet November 26 , 1990 and staff will have the packets available by November 16 , 1990 . VC / Harmony commends the Planning Director on the well written , inPormative , and intelligent memorandum of the Hillside Development . 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D ,J � I.iRf� Mk= 1�iT � tvp � > r� tla1 un � `. , �� � ' . , �. � CITY OF DIAMOND BAR MINUTES OF CITY PLANNING COMMISSION JULY 23 , 1990 ' The Planning Commission of the City of Diamond Bar convened in a regular session at 7 : 10 p . m . in the Walnut Valley School District Board Meeting Room , 8d0 South Lemon Street , Walnut , California . PRESENT : 4 COMMISSIONERS : Grothe , Lin , MacBrid2 , and Chairman Schey ABSENT : 1 COMMISSIONERS : Chairman Harmony ALSO PRESENT : Traffic and Transportation Committee : Todd Chavers , Committee Member Don Gravdahl , Committee Member Ray Rebeiro , Vice Chairman Tom Ortiz , Chairman Bili Curley , � ity Attorney Jack Istik , Assistant City Engineer Irwin Kaplan , � lanning Uirector Robert Searcy , Assistant Planning Director Dawn Anderson , Pianning Technician Steve Koffroth , Planning Intern Kriss Reed , City Intern Vice Chairman Harmony ' s absence has been noted by a memo wnicn has been placed on file as record . MINUTES : The minutes , due to a tachnical error , were not prepared and will be presented at the next m� eting . � 1 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 - MATTERS FROM THE PUBLIC : Donald Lemly , 1387 Rolling Knoll , Diamond Bar , discussed the report which was submiited to the Commission from the traffic consultant they used and . also the Traffiic and Transportation Commission regarding the traffic which cuts through Rolling Kno71 and 4uail Summit . He participated in a neighborhood meeting held in November at the time the final approval was given on the opening of Grarid Avenue from Chino Hills into Diamond ear . The neighborhood is concerned that when Grand Avenue opens , the trar' fic cutting through their neighborhood will increase tremendously . The streets that will primariiy be atfected are Rolling Knoll , the eastern section of Quail Summit , Nlinterwood Drive and the 2 cul - de - sacs that are located ofr of Winterwood Urive . H2 nas 75 signaiures or neighbors who are supporting some type or closure of Winterwood and Rolling Knoll in order to prevent cars from cutting througP� the neighborh <�od . The traffic study was done in December and indicaied that on Rolling Knoli alone there was 555 cars in a 3 hour period that made a left hand Lurn from Rolling . Kno11 onto Grand . There were aiso 10 � to 200 cars that made right hand turns . CONSENT CALE �� D,4R : 1 . City Council P�iinutes Metion was made by Commissioner Grothe and seconded by Commissioner Lir7 io approve ihe Consent Calendar . MOTION CAP, RIED unanimouslv . DISCUSSION ITEMS : � JOI1V_T MEETING OF THE PLANNI �IG CO�IMISSION AN � THE _ TRAFFIC A�1D TRANSPORTATION Ct�Mt+iITTEE The Traffic and Transportation Committee of the City of Diarnond Bar convened in a special joint meeting with the Planning Commission at 7 : 20 p . m , in the Walnut Valley School District Board Meeting Room , 880 South Lemon Street , Walnut , California . PRESENT : 4 COMMISSIONERS : Chavers , Gravdahl , Vice Chairman Reb � iro , Chairman Ortiz ABSENT : 0 COMMISSIONERS : 2 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 - 1 . Santa Fe Industrial Park project located in the City of Industry on a 83 acre parcel on the northeast corner of erea Canyon . Road and Spanish Lane . Staff is concerned with the impacts that the development along ' Brea Canyon Road in the City of Industry might have on the City of Diamond 8ar ' s maintenance of Brea Canyon and Colima . They are proposing that some means of mitigation measures be discussed with the City of Industry . Secretary Kaplan stated that he has met with representatives of the Santa Fe Industrial Park oecause they want the City or' Uiamond Bar ' s concerns to be reflected in the Environmental Assessment . He asked that tne representatives of tnis project be aliowed the opportunity to present this preject to the Commission . Philip Swortz , Planning Consultant for Santa Fe Land Company , stated that the Commission has been given a copy of the Initial Study which discusses the environmental issues that will be addressed in the EIR . There was also a traffic study submitted to the Commission . The first phase of the project will be the construction or a Circuit City warehouse and distribution center lecated along Lot 18 of the business park . The rest of the pro ,jecr will be nermal industrial faci 'lities through a master� plan methodology . Mr . Swortz estimated that the project will take 10 years before it is fully developed . The proposed Circuit City units will be an addition to the existing Circuit City facility . The new bui �lding will be 447 , 500 square feet . The Environmental Impact Report will take the worst case of development when reviewing the traffic impacts , etc of the development of the site . One of the major issues that will be addressed is the peak hour traffic . 3 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 - Committee Member Chavers stated that although the applicants are expecting a lower trip generation rate , the Traffic and Transportation Committee anticipates a heavier truck traffic than what an office park would generate . Une of the Committee ' s concerns is what the impacts upon the interchange will be . The BDI report indicates that roughly 55 percent of the traffic will be utilizing the State Route 60 Brea Canyon Interchange , which is already substandard . Most of tnis traffic will be large trucks . They are concerned wiLh botn maintaining the streets within Diamond Bar and what the effects will � e on that intersection . Mr . Swortz stated that they will add the maintenance issue to the EIR . He feels that the traf' fic has cnanged substantially in botn direciion and houriy rate from the traffic repor- t that was submitted a c, ouoie of years ago . Committee Memoer Chavers stated that many peopie think that the opening of Grand Avenue witl solve many of the traffic problems . He wanted to encourage the applicant ' s consultant not to expect another arterial to resolve the trafric problem , it needs to be considered in an overail concept . Cornmittee Me �mber Rebeiro stated that due to the other deveiopments that are expected to ocr. ur , he wo'uld iike to see the backgrounq traffic addressed when the EIR is preoared . In addition i. o this , he would like to see a deiailed justification for the distribution pattern that has been used in the past . I Mr . Swqrtz stated that they are going to suggest to the City of Industry that they coordinate with the consultants that are working with the City of Diamond Bar to prepare the City Plan in order to insure cohesiveness . He stated that the EIR will be started next month . It will take approximately 22 weeks before the EIR will be presented at a public hearing . The Planning Center is the consultant that will be preparing the EIR . Commissioner Grothe asked if the City of Industry had any pians for alternate routes between Brea Canyon and Grand Avenue . Mr . Swortz was not able to answer this question . 4 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 � Commissioner MacBride stated that Vice Chairman Harmony prepared a memorandum for the Commission regarding the traffic issues . He had four ( 4 } points which are as fol ' ows : 1 ) short term traffic generation , 2 } long term trafiic generation , 3 ) suggested that they require this projecb and future surrounding projects � o be developed for Light Industrial , Offices , Commercial uses and Residential ; 4 ) Special Restrictions on the storage and / or usage of dangerous and hazardous chemicals should be implemented due to the close proximity to neighboring cities . Committee Member Chavers asked Mr . Swoi� tz if he knew of how the project fits into the City of Industry ' s Ger� erai Plnn and how they are treating the congestion element in term = of . regional impacts . Mr . Swortz stated tnat he kneui they were trying to respond to all the raquirements placed upon them by Staie Law , AOMD and the various other issues that have been raised . Commissioner Grothe was concerned with the traffic turning left from Brea Canyon onto Coiima and the traffic backing up at the off - ramp of the freeway . Committee Member Chavers stated that the Commitiee is going to look further into truck traffic . The reauest that they have fior the City of Industry and Santa Fe is that they consider approving a regulation not allo �iing truck deliveries during the peak traffic hours . Commissioner Grothe st� ated that the ingress and egress of the site needs to be looked at carefully . 2 . Soquel Canyon / Tonner Canyon Feasibility Study . This study is proposed for the County of San eernardino and the County of Orange although it will affect Diamond Bar , specifically the Sphere of Influence . Soquel Canyon and Tonner Canyon are two roads that have been proposed to relieve the traffic congestion of cars trave 'ling north on the 57 Freeway and easterly on the 60 Freeway . This will relieve the cut - through traffic on Diamond Bar Boulevard . 5 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 " Committee Member Chavers stated that the study is net a financial feasibility . It strictly looks at the demand , the road way configuration and what the alternatives in concept would be . This report has determined tnat the construction of only one of these roadways will not relieve the congestion on Diamond Bar Boulevard and Grand Avenue . The report requires all three facilities to be built , Soquel Canyon , Tonner Canyon and Carbon Canyon . Ne also stated that these are poLential toll corridors and as such they are oeing consider2d under SLate Legislature AB680 which encourages onfy a handful of toll corridors throughout the state . � or these to be one or the four named by thg Legislature , ihe ccurt will take political consensus as well as some of the standarq engirieering and financial f � asibilities . Secretary Isti4< stated that there are meetings once a month aY, the City ofi Brea City Hall and all interested parties are invited . Secretary Kaplan stated that some of the Public Nearing Items were of interest to the Traffiic and Transportation Ccmmittee and so they wer � placed on the agenda in both sections , He suggested that they comoine the two by hearing each item first as a Giscussion Item and then have the Traffic Committee recess and open the Public Hearing . The Commission was in concurrence . 3 . Cond_iti. onal__ Use Permit ._ 8�_- 551_ , this project pertains to a 54 unit apartment compleM located on a 4 . 5 acre parcel at 800 South Grand Avenue . Secretary Istik stated that some of the Commission concerns were the horizontal and vertical design speeds of Grand Avenue to see whether or not a safe left turn could be made into the complex from the . 60 Freeway and to look into the need for a traffic signal . There was also concern about the internal circulation of the project . The Traffic and Transportation Committee has discussed some of these items . 6 DIAMOND BAR PLANNING COMMISSION ' MINUTES OF JULY 23 , 1990 Committee Member Chavers stated that the significant concern was the single access point onto Grand Avenue and how that access point would operate . It is the Committee ' s understanding that this access might be coordinated with the access of the project across the street and they wanted to know more about this possibility . He felt that if they do cut the median to provide left turns in and out of both sites and ' provide a signal at this point , they will be signalizing almost every curb cut along Urand Avenue which will not have a positive effect . Secretary Istik stated that the Commiztea feeis that when the hospital site is developed there will be a need for a traffic signal at this location to provide a lert turn out of tn2 site to enable cars to gain access onto the 60 Fi- eeway . The applicant has proposed to orovide a left turn into the complex . with no provisions for a. left turn out . The ver- tical curb ' along Grand Avenue will support a 50 MPH soeed limit . The horizontal curb on Grand Avenue when going north towards the , proposed entrance to the complex is about 45 MPH . If the trees are kept trim this might be increased io 50 MPH . Chairman Schey stated that he did not see hou� tnis site ' s entrance will line up with the hospital ` s entrarice �� nlass they ' tear away the bottom part of the slope on the south end ofi the aparLment complex site . Secretary Istik stated that the Commi 'ttee has asked th :� applicant to move the drive so that it wili line up with the hospital site . This cPuld be a condition of approv � '1 ir tnis site is approved . Commissioner MacBride asked if potential parking on Grand Avenue was a concern . Secretary Istik stated Chat any parking on Grand Avenue would not be permitted . The applicant has provided 2 parking spaces per unit and 11 guest parking spaces . The units are 2 and 3 bedroom apartments . Commissioner MacBride did not feel that this will be sufficient . There is roughly 2 parking spaces per unit . Traffic and Transportation Committee recessed . The Public Hearing was opsned . 7 DIAMOND BAR PLANNIN6 COMMISSION MINUTES OF JULY 23 , 1990 _ This project was continued from the last Planning Commission meeting . The applicant has provided colored renderings to give the Commission a better understanding of the architectural concept for the site . The renderings reflect the appropriate ingress and egress locations ofi the site , parking structures , landscaping and some of the recreation facilities which will be located in the northwestern corner ofi the property . Additionaily , staff has provided the conditions to reflect the concerns of the Planning Commission and have added some supplemental conditions . Staff feels that the application has met the minimum requirements of the Zoning Code . Staff feels tha 't the project is consistent with the character of the neighborhood and is one of the least traffic generating projects that could be developed on this site . Staff recommends approval of the project . The supplemenT, al cond : tion.s are as follows : 1 . Landseaping will be a year- round nature . Irrigation on the project should be approved as part of the landscape plan . 2 . Per the landscape plan , there should be 24 inch 6ox trees pianted along Grand Avenue . 3 . The applicant will supply wai; er conser� ving toi lets iri the complex . 4 . No construction shall appear in the Edison Easement . 5 . Construction of t�ne site shall be in conformance with the approved site plan and landscape plan . 6 . The City Engineer has requested that the project contribute $ 10 , 000 in mitigation fees toward controlling the mitigation of Grand and Golden Springs intersection . 7 . The Traffic and Transportation Commi 'ttee suggests requiring a fee of $ 50 , 000 for the installation of a signal at the entrance of their project . 8 . Appiicant must provide for sidewalks along Grand Avenue : 9 . All air conditioning units will be roaf mounted and concealed from street level view , 8 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 - 10 . Recreation areas adjacent to Grand Avenue shall be landscaped to provide a visual buffer rrom off - property access . 11 . The lighting plan wi11 b � required to be apart of the landscaping and irrigation plan and to be approved by the Planning Commission . 12 . Parking garages will have to be shown as approved . 13 . Each dwelling unit shall pr � vide at least one garage par � ing spaces to be used only by that use . Commissioner Grothe stated that he felt that 2 parking soaces per unit plus gues 't par4cing is not adequaze . In cailing different. cities , one city suggested 1 parking space per bedroom plus adequate guest parking . The Public Nearing was opened to comments from the apolicant . Reoert Fumo , Architect rrom Wayne Sue Architects , stated Lhat when they designed this project two ( 2 ) years ago , they designed the parking in conformance with the current code . He a. lso stated that the air conditioning units that they have designed are the fan coil uni 'ts tnat are set on the patios and screened from the Grand Avenue line ef site . Installing them on the roof will be very expensive . Scott Jenkins , Attorney , suggesLed that instead of changinc� the grading of the ent� ire project to add 20 to 30 additionai parking spaces , they could condition that the lease elearly states that tenants are limited to 2 cars which must be parked in the appropriate spaces and that the guest spaces are to be used by guests only . Those in favor of the project . There were none . Those in opposition of 'the proj,ect . 9 DIAMOND BAR FLANNIN6 COMMISSION MINUTES pF JULY 23 , 1990 Dan Buffington , 22605 Ind �ian Creek , Diamond 8ar , stated his biggesL concern was the parking issue . He felt that they should cut dowri the number of uriits for the comqlex in order to provide sufr' icient parking . The reason that garages instead of parking stalls have been indicated is . fior a safety reason . Tne Sheriff ' s Department has recommended this in the past . He was concerned with the stability of the land above this site . 7he possibility of putting off the installation of a signal until the apartment building is finished concerned him . Ken Lay , 2390 Colorado Avenue , Santa rionica , represen � s int � r - Community Medical Center and the purchases of land acress Trom this site for the medical center . He stat. ed tt� at. he is not in favor nor opposition of the project . His ccmpary is in sup � ort oF the traffiic signal at the site . There is a significant grade difference between what appears to be Lhe site of the signai and the buildable parcei that t 'rie hosoi � al has purchased . The hospital has expressed a desire to ootain ingress and egress from Urand Avenue . The preperty line is beiow the siope that the Planning Commission h � s referred to . He estimates that it is approximately a 20 foot dra � ofif to the property line . The proposed iocation of the shared rnedian cut and traffic light location appears LO be at the lower edge of that propc, rty line . This would demand some significant grading which would require patients and employees to enter the site at a point below tne gr� ade of the Uuildin � s and then travel up a ramp to the site . This might be confusing for elderly patients . � Mr . Searcy asked Mr . Lay if it would be possible for them to grade down the level of the existing pad while building up the level of the property line to give them less of a steep incline . Mr . Lay inpicated tnat they will study this r" urther when the survey is done for their site . This is not the preferred soiution due to the fact that they have to service the site with mater 'ials and supp1ies . This incline might be dangerous to trucKs servicing the site with supplies . 10 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 Mr . Jenkins stated that he does not feel that they need to redesign the entire project to provide 20 to 30 additional parking spaces . There are less obtrusive ways of handling this, probiem . He stated that the stabiiity or the slope behind this project was a point that was raised with the County . TVie applicant conducted several geologic studies and remediation measure were taken and installed . Engineers that ' have inspected the site nave been satisfied with the stability of the slope . They support siaff ' s comments on waiting to see what traffic impacts result and if they relate to the project the applicant is agreeable to paying their portion of the costs of mitigating any prooiems . He feels that if there is a hospital site across tne street , that tne majority of th � traffic wiii be for that site . If this is tne case , they do not feel that the costs shou1d be shared 5U / 50 but rather prorated on expecied usage between the two sites . Jenm.� Gaw , applicant , 805 West Duarte Road , Arcadia , stated that they have thought about ways to solve the parking situation instead of changing the project . One of her suggestions is to incorporate into the lease a statement informing tenants of the number of guest parking spaces available and to specify that if they pian a party they need to contact the manager to make arrangements . 1" he Public Hearing was alosed . Mr , Kaplan stated that he has not received a copy of the geological report and if the commission approves this project , staff suggests that th�e approval be sub ,ject to th � geoiogical report . Commissioner Grothe proposed that instead of leaving it up to the manager to enforce the lease , the parking issue be made one of the mitigating measures . He was also concerned with the proposed access from the play area onLo Grand Avenue . He proposed that they add a condition that a fee be paid to the Parks and Recreation Department . He felt that they needed io address � andscape and Lighting Maintenance District throughout the entire city for the hillside landscap9ng . Chairman Schey asKed the City Attorney , Mr . Curley , if they approve a parking standard other than what is stipulated in the Code , would this create a problem . 11 _ _ _ : _ _ _ _ _ DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 - Mr . Curley stated that normally the parking standard is a minimum requir� ment that they have to meet . [ This project has the requirements of the Conditional Use Permit to' meet this allows the Commission to tailor circumstances to provide for a project that meets what the Commission perceives the needs of the community to be . ] this ability to condition a project is the inherent reason for a Conditionai Use Permit . The minimum standards are sub,ject to the peculiarities or particularities of the site . Chairman Schey asked Mr . Curley about Commissioner G ; othe ' s suggestion of a Parl< s � nd Recreation fee . Mr . Curley szated that he was not famiiiar with the fiee structure , Mr . Searcy stated that there was a formula adopted by tne � it �� Co �u� cil that conrerned tt� e c;! uinby Act and wouici investigate any similar formula that. may be in plac � for deveiopment projects other than subdivisions . Mr . Curiey stated tha �. if there is not one in place , he would be reluctarit to maKe it a mandatory requirement . Commissioner Lin stated that she did not feel that, this project has met the parking requirements . She � elt that instead of requiring garage > ; that they should require the � pplicant to � rovide carports and a security ga � e . Commissioner MacBride questioned the aopropriateness of public access from Grand Avenue to the play area . Genny Gaw stated that this access was provided in order to conform with the Fire � � epartment ' s requiremenis . Chairman Schey stated that he did not see anything in the conditions of approval nor the supplemental conditions of approval that addressed the issues that the City Engineer raised at the last meeting re9arding the entrance of the site . Jack Istik stated that without making it a specific condition , when the applicant submits for a scr� eet construction permit , they would require the radius to be constructed so that it will be consistent with a future signa7ized intersection in the conditions of approval . Chairman Schey as4< ed if the City had a reimbursement program that is currently in effect . 12 DIAMOND BAR PLANNIN6 COMMISSION MINUTES OF JULY 23 , 1990 Mr . Istik felt that the City would have to enter into a Reimbursement Agreement with the applicant at the time the development is commenced on the west side of Grand Avenue . He said that they could add as a condition of approval that the center line of the driveway shall be realigned , as required by the City Engineer , to line up with the property line extension on the west side of Grand Avenue . Chairman Schey expressed his concern witn tne parking for this site given the site ' s location . He was in favor of requiring one parking space per bedroom pius appropriate guest parking . He asked what would determine appropriate guest parking and whether' the existing code was adequate . Mr . Curley stated that the Commission could refer this to the ' appr� ova1 of the City Planner to ana 'lyze all the dynamirs of the site conditions given the constraints of the si 'te and the isolation of design to work witn the applicant to deveiop the least obtrusive parking mitigation measures . Chairman Schey indicated that he was not in favor of requirin9 parking garages . The Commission has indicated the desire to include a provision that would make any approvals sub .ject to an acceptable geological study , provision of adequate fer� ciny to insure that children are secure , enforcement of any appropriate Parks and Recreation fees , a parking standard of one space per bedroom plus appropriate guest par� k. ing t � be determined by staff , the entrance be qesigned to be signalized and in a iocation suitable to service the site and the entrance to be locat d on the east side of Grand Avenue . Chairman Schey sugges �ed that they utilize a condition that would require the first owner of the adjacent properties to start development be requir� ed to install the appropriate signalization with reimbursement of a proration by the adjacent property owners at such time that they commence development . He commented on the condition requiring the air conditioning uniLs to be r• oor maunted . He was in favor of having them gro �md mounted and screen from street _ level view . Motion was made by Commissioner Grothe and seconded by Commissioner MacBride to ap � rove Conditional Use Permit 89 - 551 and mitigating riegative declaration with the conditions and the return of a resolution at the next meeting . 13 DIAMOND BAR � LANNING COMMISSION MINUTES OF JULY 23 , 1990 Mr . Curley stated that the Commission should take action on each item separateiy . Commissioner MacBride withdre �� his second of the motion . Commissionpr Grothe withdrew his motion . Motion was made by Commissioner Urothe and seconded by Commissioner MacBride to approve the mitigated negative declaration . MOTION CARRIED unanimously . Motion was mace by Commissioner i; rotne and seconded oy Commissioner M � cFiride to approve the arcnitectural dcsign based upon the renderings triat have been supmit 'ted . MOTTuN CARRI � D unanimo �_isly . Motion was made by Commissioner Grothe � nd seconded by Commissioner MacHride to approve Ccnditional Use Perm 'it 39 - 551 subject to tne conditions of approval as supplemenfied and amended and tnat a resolu 'cion be brought before the Commission at the next meeting . MOTION CARRIEU unanimously . The Traffic and 'fransportation Committee re - � d ,� ourneci . Vice Chairman Rebeiro would not be in attendance for r, F� e rest of the meeting . It, ems 4 and h were comoined during the duration of tne jaint meeting of' the l" rafitic and Transportation Committee and tha Planning Commission . 4 . Parcel Ma � o_, 221_02�( Fil, e_ No . _.._ 90- 0041_)_ , the application pertains to allowing a mihor subdivtision to create two parcels on an existing 4 . 39 acre parcel . The existing zone is CM - BE - UC ( Commercial Manufacturing Billboard Exclusion ) fhe project location is at ' 1575 South Valley Vista , generally known as Gateway Corporate Center . Originally a unilateral contract was approved for the Gateway Corporate Center . 14 DIAMOND BAR PLANNING COMMISSION MINUTEB OF JULY 23 , 1990 5 . Parcel Map _ No . [2178 _�Fi _l _e No ,_90_=005'� ), , this application pertains to allow a subdivision of an existing 13 . 35 acre parcel into 12 lots ranging from . 5 acres to 1 . 76 acres . The existing zoning in CM - BE - UC ( Commercial Manufacturing ' Billboard Exclusion ) . The project is located at 21600 East Gateway Center Drive , generally known as the Gateway Corporate Center . Originally a unilateral contract was approved for the Gateway Corporate Center . Mr . Searcy stated that JO - 0052 is pr000sed with interior roadways , Street A and Street B . There has not been any deve � ooment pro � osals submitted for either site . Chairman Schey asF< ed the Assistant . City EnS � neer how these projects would affect the traffic patterns on the City and Coroorate Center streeis . Mr . Istik stated that this issue was discussed at the Trarfic, and Transportation Committee meeting . He stated that any time , a commercial or industrial zoned property is further subdivided and the land uses are not inciicated , the Committee cannot tell the Commission what the traffic impact will be . Committee Member Chavers asked the Pianning Commission to consider that , as the land is subdivided into smaller parcels , smaller parcels tend to have a hic, her generation rate and hence more traffic . He asked how the pro ,ject , if at all , would be tied together . He stated that there mighi be a problem with the horizontal and vertica } curvature of the street such as cars t� rying to exit firom that newly plotted street would have difficulty making a left turn . He felt zhat the geometry of the street where Valley Vista and Copley Drive connect should be reconsidered . Committee Member Gravdahl asked what was th � number of trips estimated for this site when it is completely developed , how many of those have baen used and by dividing them into smaller parcels how many more trips are estimated . 15 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 Committee Membsr Chavers suggested a condition requiring a trip management of all users within the park . He stated that Golden Springs and Colima are in a deteriorated condition . He did not know what position the City had in maintaining or upgrading these roads such as the paving surface is adequate . Any new development in this area will only further deterioraTe these streets and suggested that the Commission consider this . The Traffic and Transportation Committee r� ecessed . The Public Hearing was opened f � r Parc21 Man z2102 . Mr . Searcy stated thaL currently this site is devela �aed witli an office buildin �a . One access serves this site . The site is approved for u � to a 5 story development . �� urrently , tne apolication seel< s to split the lot intp a 5 . 62 siLe Nihich would be the site of the existing structure anq also tne 3 ! 4 acre site which will be graded to a flat grade . ihis is not developed or served by an access at tnis point . There is no development project proposed . ihe Hearing was opened to the applicanL . The applicant was not present . ihose in favor ot the pro .ject . 1" here w2re none . Those in opposition of the project . I There were nane . Secretary Kaplan suggested that they defer action on this project until afLer the hearing on the second parcel map , Motion was made by Commissioner Grothe and seconded by Chairman Schey to continue PM 22107_ ( PP 90 - 0041 ) to a point beyond the closure of the next agenda item . MOTION CARRIED unanimously . Public Hearing was opened for PM 22178 ( PP 90 - 0052 ) . i6 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 Mr . Searcy stated that this application is for a 12 unit subdivision currently the site is 13 . 35 acres in size . The project proposes to install two streets to serve the new parcels . Public Hearing opened to the applicant . Ben Reiling , President of Zelman Development Company , 515 S . Figuroa Street , South Los Angeles , stated that there was a . traffic report and mitigating measures showing that no impacts would be made bY this project, . Ihe City Gouncil allowed tn � m to develop the property as they had e m� isioned it provided that they stay within the guidelines ofi the C �' & R ' s an �� dih not change the uses . The CC & R ' s c � niain a 1_ ist or � ppr� oved uses , restaurant , ser� vice re + ail , ofFice , etc . and tI1P. t" 2 is a list of uses that are approved under the Conditional Use P ? !- ft� 1L proces � , hotels , light assembly , etc , The applicant has spent a lot of money meetirig the requirements of the County of Los Angeles pertaining to trafFic . They have been involved in setting up a TMA ( Traffic Management Organizaticn ) : This business park has a TMA organization . Tenants that occupy these orfice snaces wiii have the opportunity to participate in this program . They pay employees for not drivinq and they charge them ror parking if they do drive . They will have it0u employees but will only provide qG0 oarking soaces and they fieel that t. he / will nave surplus pari; ing . Tnis is being done under an agreement with tne City and witi� Zelman Deveiopment Company wher� e the City has filed a iean against their prooerty which states that at anytime in the futura that they do not have adequate parkin � on - site , the City has the right to require them to provide more parking . The site has been approved for 5 - stories with an overlay for 9 - scories under a Conditional Use Permit . ihe uses they envision for this site are the same uses that they have thr� ougnout the iot . � 17 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 Mr . Kaplan stated that staff ' s recommendation is that the Commission consider a supplemental EIR . Tne reason for this is because this project is a large and very important project . Being new to the City of Diamond Bar , Nir . Kapian found it difficult to determine how significant and important this project is when reading tnrougn the provided material . He feels that it is important tnat the Commission understand the pro .ject completely and the implications of it . He is concsrned witn tne offi - site imolications that were not. conceived aT at the time the project was initiaiiy submitieo to the County . Mr . Reiling has stated to Mr . h, apian that he would be wiliing to meet wiLh the Commissior� to explain tne projecr. thoroughly . The applicant s �: ated that zhere wili b � abvut; 125 ar, res wnich wili remain perpetually open . Tney nqt or � ly wiil have oroughi resistent lands �; a ;� ing , bu 't they will also be using recycled water . They wili instali two compiete water� systems , one coming from ' a treatment plan which covers all of tne irrigation thr' ouyhout the project with tne exception oT the small on - site irrigation . Chairman � chey � sked what the iJnilaterai Contract was . Mr . Reiiing stater th � t the contract was siqned between the previous owner or tVie � roperty and the County and was ratified by the County Planninq Commission . It allower.,' th � m to de �� elop the property within the auidelines of tnat park witnou � going bacK to the County for a Conditional Use P � rmit unless tn � y did something outsic� e ofi those guideiines . They had envisioned a . business park , but what they actually had was warehousing ana trucks coming and going . Zelman Developmer� t Company felt that this was not appropriate and got involved with the County in redesigning the CC � R ' s permitteq uses and came up with the traffic mitigation fees . Mr . Kaplan stated that the City is not bound by the County ' s action , this is not a development agreement . 7he City could rezone this prop � rty if they chose to . What the City chose to do in October , 1989 was to approve , by resol �ition , the action of the County . and the subsequeni CC � R ' s . 18 DZAMOND BAR PLANNING COMMISSION _ MINUTES OF JULY 23 , 1990 Mr . Reiling stated that they have conducted several studies on traffic . If the Commission was to delay the pro ,ject until a supplemental tIR is completed , they will have to discuss whether they want to proceed with the parcel map . ' Mr . Kaplan stated that Mr . Reiling has stated that he would offer a continuance 4n order to give him the opportunity to discuss this mattsr informally with the Commission to exptain everytning that wouid show up in an EIR without having to go through an FIR process . Comrnissioner Lin asked if the = e two parcels are iden � icai , what is it Lhat allows one Lo have a 5 - story builaing and one to have a 9 - story building . Secretary Kaplan stated that this is stated in the � C & R ' s . CM ( Commerciai � anufiacturing ) zone , according to the County , has 13 to 1 FAR with no neight limiL and a wide range of uses . The CC & R ' s thai have been developed t � ilor it mor- e to the site and they have determined that certain areas are approved for 9 - stories and certain are � s are approved for 5 stories . Commissioner MacBride stated . that he was in favor � f a continuance rollowing wi 'ch as many discussions with the applicant as are necessary . Secretary Ka � lan sug � ested to the applicant that they close the hearing for now , the appiicant requests a continuance , the Commission will have s 'tudy sessions and then they will re - open tne hearing at alfuture date . Chairman Scfiey stated that he was not concerned with the parcel map but he did not iike the access at the apex of the turn . Ne stated that he would feel more comfortaole with approving the pro ,ject if they had a document in place that gave the City the privilege to correct the developers if they did not comply with the conditions . Motion was made by Chairman Schey and seconded hy Commissioner MacBride to continue Parcel Map 2217 � ( File No . 90 - 0052 ) to the next regular meeting and to schedule a study session on the parce 'I map and the Gateway Corporate Center ,in general at 5 : 00 p . m . on August 13th . They invited the Traffic and Transportation Committee to attend the special study session . MOTION CARRIED unanimously . 19 DTAMOND BAR PLANNING COMMISSION MTNUTES OF JULY 23 , 1990 The public hearing was re - o �� ened to P � rcel Map 22102 ( File No . 90 - 0041 ) . Those in favor o 'r the project . There were none . Those in opposition of the project . 7here were none . The, public hearing was cicsed . Plotion was made by Commissioner Grothe and secorn� ed by Commis > inner MacBride to cc.� ntinue Parcel Map 22102 fF � le No . � 90 - 0041 ) to tne naxt r � � ular m � eting . � � The Commission urished to discuss the issue raised regardinc� the drive - throuc� n trafif' ic on Quail Summit Urive . Committee Member Chavers staCed they hav � reviewed this request and are exhausting traffic engineering soiuLions to this prob7em . T � e npighhorhood seems to be unanimous on ciosing several sLreets . Th � Traffic and Transportation Committee could re �iiew this at their nexr meeting , ma ;� e a recommenda 'tion and forward ii Co the Planning Commission and City Council for a puolic heariny to discuss the possibility of closing se �� er' al streets � n that r � eighborhood . The str � ets that they are proposing to be closed are Quail Summit leadin � up to Rol ( ing Knoii alnd Ro77ing Kno17 across to Grand Avenue ( southe � st quadrant ) . The neighbors have loo4: ed at closing the street at Winterwood as well as �uail Summit . Commissioner Grothe stated that one of the recommendations was median construction which would not entirely c7ose the road , but fo � ce turns in other directions . It seems to him that the problem is caused by the traffic backed - up on Grand Avenue . If there is not any traffic , the cars will not cut through the housing tracts . They have recent.ly re - striped Grand Avenue to provide a third lane which has to turn right at the signal . He suggested that instead of forcing the cars to turn right onto the streets which � re in question , to continue the third lane across Grand Avenue and end it after� another couple hundred yards . 29 DIAMOND BAR PLANNSNG COMMISSION _ � INUTES OF JULY 23 , 1990 Secretary Istik stated that the City Council tried to correct the problem by the street improvements that currently exist and providing a large sign with states that the right lane must turn right . One of the solutions proposed is the reconstruction of the signal at Grand Avenue and Diamond Bar eoulevard to allow for double Ieft turn lanes . Chairman Schey asl< ed what was the reason for placing the right turn only signs on that third lane on Mountain Laurel and 4uai1 Summit . Mr . Istik stated that it was felt that tney needed to place a sign there so that people will know that it is for local access and is not for throunh traffic . Chairman Sci� ey asked if it would rr' eate a trafi 'ric hazard to remove the right turn only so that through traffic has zhe use of three lanes through the intersection at Grand . Mr . Ist ? I< statec that they would then have a situaticn with Lhe speed limit on Diamond Bar Boulevard being 45 MPH where they would have cars in the numkier 3 lane which will slowing down to m � ke a right turn on the side streets . Committee Member Chavers stated rhat ii they opened the stree � to 3 'lanes this would probably solve the current traffic problem . The homeowners are more concerned wiih the traffic increase and the prohl � ms 'that will exist aft � r� Grand Avenue is opened . One oi the possibilities is what West Hollywood is daing and that is to place consrete planters in the middle of the street where they want tio close the str2 � t . Secretary Istik stated that their position now is to wait until the signal is �'pgraded and then see what the traffic condition is . The improvements for tnis area will be done in phases and this is the first phase . Motion was made by Commissioner Grothe and seconded by Chairman Schey to place this item on the agenda for the next meeting . MOTION CARRIED unanimousiy . The Traffic and Transportation Gommittee meeting re - adjourned . Secretary Kaplan stated that Screencheck EIR ' s are normally submitted prior to public hearing to make sure that they are ready to go to hearing . This is a curtesy extended from the consultant . If the Commission would like to receive the Screencheck prior to draft copies the consultant will make these available . 21 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 Commissioner Grothe stated that he felt that they should s � e the first one under a study session for the reason that tney . have not yet had the opportunity to review an EIR . Chairman Schey stated that a d � aft EIR wouid be appropriate for the Commission to review in a study session but that the Commission only be made aware that the Screencheck EIR is being reviewed by staff . Tf one of the Commissioners wishes to review it , they can obtain a copy from stafr" . Secre, tary Y. aplan requested that staff review tne Screenchec � as time permits within their normai worhioa � . Chairm � n Schey directed staff to supply tne Commission with drafit policy memorandum for tneir review and . approval desigr� ating the envii- onmental procedures that they need to follow as Tar as the selection of and 'initiation of Draft tiR ' s . 6 . V_ a,ri ,ance_ _ 9 �1- 0 �5 � , a request to allow a three ( 3i story residential structure to be constructed whicn will exceed the maximum of 2 1 / 2 stories , and the maximum building hPight of 35 feet . The pro ,ject is located at 2108 Rusty Spur Road , between Flint Rock anq Rocl< y View Road . (hr . Searcy stat; c: d t1-, at thi5 iterr was continu � d at th � 'i ,� st Rlanning Commi � sion m2eting . The ap � lication is fer a Variance and an Oa4< Tree Permit for a house in excess of forty feet . The concerns trat the Planning Commission had mainly conc � rned the oak Tree Permit . 1�lhen the application was originally s.ubmitted , the ini 'tial study excluded any menrion of oak trees on this site . A site inspection proved that there were approximately 17 oak trees on the site . As a result the appiicant submitted an oak tree applicaLion requesting the removal of' 5 oak trees . The appiicant also stated that he wauld be willing to r� epiace tnose oak trees at a 2 : 1 ratio . 22 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 The major concerns with this application , as identified by staff , are the three stories and the 40 fioot height of the structure . Due to the topography of the site , staff feels that the three story limitation as stated in the current ordinance is somewhat of a burden on the applicant and staff does not object to exceeding that requirement although staff feels that to approve the 41 foot height at staff level would be a grant of a exceptional . privilege . Staff does not feel that the proJ � ct is in cor� formance with the ordinance . Staff is recommending deniai of tne variance and if this is approved then there is not a r2asan � o apprcve T. he Qak Tree Permit . The Public Hearing was opened to the applic � nt ' s presenta � ion . Don Holt , Architect , 9b4 N1 . Foot. hill Boulevard , Upland ; stater_ that tne height of ihe proposed nome was determired by tne Architectural design . The applicanti has chosen a English Tutor design due io the . fact that this design tends to oe a popular house . This design demands higher roofi lines anq higher ceilings . Skip Burton , ,4pplicant , stated that the building permits have been ready and waiting ror Pianniny Department ' s npprovai for some time . He stated that tne design of the house was cnosen to maximize the ior . If the iot was a levei 'iot , then they could construct the nouse with only two stories . Due to the extreme drop ofif in the rear of the property , he needs tne third story in order to gain ihe square footage needaa to make it sellable in 'the Country area . He asked if the Gommi. ssion did not approve the V � riance , that they approve the Oak Tree Permit so that he could work with the City in redesigning the house and start construction on this site . Chairman Schey asked the applicant if this application is not approved , if he would still go with the same footprint . The applicant indicated that he would use the same footprint . He stated that he would not have time to change the house and what would have to happen , in his . opinion , is that he would have to lessen the standard of the house by lowering tne ceiling height and roof lines which he feels will be a less marketable house . This style of home sells the best in the Country . The buying markei is slow and he feels that constructing a house of this design will give him the best chance of selling this house . 23 DIAMOND BAR PLANNING COMMISSION _ MINUTES OF JULY 23 , 1990 Commissioner Grothe was not objectionable to approving this house due to its architectura "I design ir the architectural design was the reason it exceeded the height limit . Commissioner Lin also felt that the architectural design was in conformance with other homes in the Country and was not objectionable ta this application . Chairman Schey stated that he understood the aoolicant ' s circumstance , but that he u� as concerned witn the anilicy to make a finding or special circumstance based simplv on � archi �tecturai design . He was nat opposeq to apnr� ovina C. he Oak Tree Permii, predicat, ecl upon there beiny nc change to tnn build � r� � fiootprint so r, hat the Commissicn aoes not an � rove � he removal of tree � i. hat might nat, need to oe r � mnv .� d i = �;, er . He also stated thaL he was concernea wit �� approving th � s pro .jec : even thou � h it has a nice des � gn , because ih � n � xt person su .hmitting a similar aqplication may nez h � ve a desigr as nice as this one . Th � - Pubiic Hearing was closed . Motion was made by Chairman Schey and secorded nv Commissioner M � cBride to deny the Variance baseq on staft ' s fiindings . Chairman Schey called for a vote on the moiion �nade . P, Yt� S : Chairman Schey and Commissaoner P4acBride NAYES : Commissioners Groi: he and Lin aBSTAINED : None � MOTION FAILED . Commissioner Crothe. stated that he was having �; ifficulty finding this application to be out of the ordir, ary . Secretary Y. aplan stated that a possible finding of a soecial circumstance could be tha'� on a flat pad the applicant could build within 35 feec and en ,ioy the same privilpges as ederyone else . Given the topography of this lot , t � e applicant is unable to enjoy the same privileges as everyone else and build the house that he has chosen . Therefiore , this constitutes a special circumstance . The front elevation does not exceed 35 feet so the intent of the code is intact . 24 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 Motion was made by Commissioner Grothe and Seconded by Commissioner Lin to approve the v � riance baseo upon the finding that due to the special topography of the lot , strict interpreiation of ihe code would create an undue hardship on the applicant and deprive him of such privileges as shared by other property owners in similar zoning classification . Chairman Schey called for� a vote on the motion made . AYES : Chairman Schey , Commissioner Lin and Commissiener Grothe NAYES : Commissioner M ? cBride . ABSTAINED : None. MOTION CARf� IFD . Motion was made ov Commissioner Gr- othe and seconded by Commission.er MacBride to approve it with mitigating measures requiring the applicant to replace the oak trees at a 3 : 1 ratio 4eith 3S inch box trees and the preservation of the 18 inch diamater oak tree . Chairman Schey called for a vote on the motion made . AYES : Chairman Schey , Commissioners � in , Grothe and MacBride M ,4YES : None ABST.AINtD : None Chairman Schey statec� that he would be against a similar circumstance and direct staffi to enfiorce the 35 foot height limitation . ANNOUNCEMENTS _ There were none . 25 DIAMOND BAR PLANNING COMMISSION MINUTES OF JULY 23 , 1990 . � ADJOURNMENT _ There being no further business to come before the Comrnission , Motion was made by Chairman Schey and seconded by Commissioner MacBride and carried unanimously to � djourn the meeting at 12 : 35 a . m . to tne special study session scheduled on August 13 , 1990 to be held at the Nfalnut Valley Unified School Districi Board Room , 880 N . Lemon Avenue , Nlalnut , California at 5 : 00 p . m . David Schev Chairmar, ATTEST : Erwin Kaplan S2cretary , Pianning Commission I 26 ,�. (ii--�. l`' I ;: p, ?,I(�1 . _..______..__. f � � � � iAI t ( � � ' lI l . i 7. ilA( . . . ... � , t ;'.i�l 2 � . 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Fr < � itse oi �� er� � � 1 ci ; �: urris � ri �i < � es o rzce ,; ti < � naii �� haz� z � r �. ri < fics �. ti �, �� licable. ip ihc• F� rc �� � rtp , t ( � e stt ; ci apl , iictiti <; n o ` il � e c: �> < < <; cle� 1> r � v <= r su ��. il pro ( , � ; itg c� ' �� Y"I � � I �_ � � c r' n7op � d by ot }� e �- i� i � _ �; riy i. Ei ttic �, iciniiV a. n � l irnd �` t idenf i � . s1 z � � ninq � i . , � i - � 2i: ione nnc2 . � _ T1� �iS th � � ajt, :. i ,i� ,^ nl- antllori < < - ra rvi11 r� oP < � raa4: iti � i � a gzanf � > L spe � - 1 � 7. �. pr � l � gc� ineon , i ; t � nt wifh ii� � I �inii � a ; ioi ; 'i� y� on oihex� pi � � PY- i , � � = in ihe ci . z �'izi. Y ,� [� d zone in ✓hic ,:� fh � p :r � , � c �- tV is situ , � e �tg „ rd ., . 7' ii :ti: s [ i i. .:_ t appl :ic. atic> n oi' � u � i �i. r: � 1 s� ul . . ipns a. s th , d. ,� �; 1 �� io st� cl� � ;» r� i� eii: y wi1. 1 tctiuli i �7 Iriar- t �� al d � l (. ;� culfies � > > � [Zne < „ sa ; } I � � � dsltips in . onrisi , nt �viPl� i. n2 � ^ neral i > u � a� o � a-• oi sn � � ll �� e � ulaiioiis ai.� d 5 { r, rida -�- d- > ��. . ttr, d V 4 , Th1P � urh ad � u ; ment ��ri ? 1 n < it 6 �- wnl �^ e� iailY deiriniental to tL �. pub7ic i� c� ali: l�� ; � afcttV � , �• ncr , l �=.; ;= 1 ,' � i � o � to tlt ; �is <= . n :io }, me ;11 0 � � ilii. .�Gi: i. e �t c% 7 � �:: 01; �a t i 1` o � � i ;' p :^,- � o it ;; t c � , i r Q i ri t L c , i. c. i i t i. i y . l (h ° ECcIVED DIAh90hlD BAR ' CI ?Y CLERK !���? ;ci I 6 P's�i I � 28 July 11 , 1990 City of Diamond Bar Councilmembers : We would like to address our councilmembers and ask if our has established standards for local business signs . ' At the Diamond Bar Village Shopping Center , there are [wo businesses with store signs in a foreign langauage , as well as in English . Our concerns are that Diamond Bar will resemble the sensitive communities j such as San Marino � Monterey Park and Alhambra , as pu6lished in the L . A . Times in recent months . ( English Only vs . Foreign Language signs ) We would like to see our community grow in the country feeling of its history . If you have not addressed this issue yet , we encourage you to do so I promptly . Diamond Bar does and should welcome everyone . However � store signs in English Only , would invite all to shop locally , rather than focusing business Ito one ethnic group . I Sincerely Yours , , � �L�.ecw r�+�� ��-' ��� i � Brian and Cindee Quan i 2406 S . Clear Creek Lane Diamond Bar , Ca . � - � � I i I � i i I � S� , �t INTEROFFICE MEMORANDi7M TO : Planning Commission FROM : Robert L . Van Nort , City Manager • , SIIBJECT : Sign. Ordinance ' DATE : July 17 , 1990 Attached for your review is a letter from Brian and Cindee Quan , expressing their thoughts on the City ' s proposed sign ordinance . It is requested that you keep these thoughts in mind during your deliberations . i ���,����;� ��y��� � Robert L . Van Nort ! City Manager RLVN : pjs i � cc : Council Suspense - July 30 ' �: - . . _ _ _ � � t . 1 ! i � Fite No . 99 - ID052 ry�i ggi� NOT I C8 OF PUBI I C HEAR i NG j9 The City Piartning Commission will canduct a pubtic hearing ort : A subdivision to craate 12 lots - � �- an 13 . 35 acres in the CM - BE - UC _ �, , ( Commercial Manufiacturirtg y' — T — — ` — — '' B i i 1 board Exc ! us i on - Un i I atera I � � $�7'� �`' -:'��'';! : Contract ) zone located at 21600 ���z ¢,�1 ' ,��:-':�_�-` ' E . Gateway Center Drlve . _ " Porro�l�.,;� i � g S i� ' � t q� . 1 ��` '�" -�y �Y�� � � � /� Y�o... `�.�� ENVIRONMENTAL DETEAMINATION : � ' �, � Mltigated Negative Declaration "f�° a `��� I ���/! , c< ' � . n,ur.. ..; �. VICINITY MAP OF PflOJECT : - -- ' ���_��� This case does not atPect the zoning ot surrounding property . Ifi you ara unabie to attend the pubiic hearing , bat wish to send written comments , ptease write to the City Pianning Department at the address given behow , Attention : Robert Searcv You may also obtain addttional in•formation concarning this case by phonieg the Planning Department at ( 7i4 ) _. 860 - 3i45 . Materials for this case are aiso avaitabte at : Oiamond Bar County Library 1061 South Grand Avenue D 'tamond 8ar , CR 91765 DATE OF HEAAING : Ju' IV 23 , 199g TIME OF HEARING : 7 : �9 P . M . LOCATION OF HEAAIN � : Wainut Vallev Unified School District 880 South Leman Street Walnut CA 91789 CAS � MATERIALS ANO ENVIAQNMENTAL STUDY = Are availabie Por review during regular business fiours at : Ci # y o � Diamond Bar Planning 6epartment 21660 East Copiey Drive � Diamond Bar , CA 91765 Pubiished in : San Gai� rieF Vallev Tribune on Julv 2 . 1999 Pro9ress Bulletin . REISSUED FOR AUGUST 27 , 1990 AGENDA NO . ay � � sPLANNING COMMISSION 9Ss = 3a = = � as � aa = aa � � a = = = ' aa� � � ADDENDUIIi TO AGENDA REPQRT DATE : August 7 , 1990 • MEETING DATE : August 13 , 1990 TO : Honorable Chairman and Planning Commission - FROM : Irwin ICaplan , Planning Commission Secretary SUB7ECT : Environmental Assessment and subdivis .ion 90 - 0052 ( Vesting parcel Map 22178 ) DESCRIPTION : An application to subdivide a 13 . 35 acres parcel info IZ lots ranging from . 50 to 1 . 76 acres in size , bounded by Copley Drive and Gateway Center Drive . At the 7uly 23 meeting , the Commission deferred consideration of this project pending a review of the master ptan for Ga � eway Corporate Center and its anticipated impacts , in order to determine if additional on - site or off - site mitigation measures are needed . To assist the Commission in its deliberations , representatives of Zelman • Development Company , Hill Pinckert Architects , and Linseoit , Law and Greenspan , Transportation and Traffic Engineers , and C . P . Lange , Engineers wili make a presentation to the Planning Commission and the Traffic and Transportation Committee on Monday , August 13 aY 5 : 00 P . M . at the Walnut Valley Unified School District Board Room The attaclied letter was sent to the Zelman Development Company to help focus their presentation . Among the uses the Commission may wish to consider are : 1 . The total amount of development which can occur in the center . 2 . The types of uses permitted and the design guidelines and development standards which apply to the project . 3 . The traffic chazacteristics generated by the project , 1 4 . Identification of known projects which are likely to contribute to the cumulative traffic impact in the affected area . 5 . The cumulative impact of traffic on adjacent streets and freeway ramps resulting from anticipated pro � ects in the area . 6 . The types of mitigation measures , both on - site and off - site needed to minimize adverse traffic impacts . 7 . Gateway ' s pro - rata share of the cost of mitigation . - 8 . The eztent to which such costs have already been underwritten .by Gateway Corporate Center . If the Commission concludes that the information available provides an adequate basis for the project to proceed , then it may wish to consider action on the parcel map request . If more information is needed , then the Commission should request ihe necessary information and continue the hearing . If the Commission chooses to approve the request ; then it may �} sh to considet the foliowing : ' 1 . Currenily , parcel sizes in the Center vary from apgroximately 2 to 4 . 5 acres . Unless there is a specific development proposal , the Commission may not wish to approve paxcels ai less then 2 acres . This would mean that smaller pazcels would be app.roved only if . an acceptable developmen L p2an were presented for the parcel , . 2 . The Commission may also wish to consider a pedesirian pathway p2an for - the center , since the mix of uses may invite pedestrian traffic if it connected such destinat. ions as the hotei , proposed restauzant and offices in an efficient and attractive manner , so that one does not have to drive around the ioop to get to a destination which can be reached by foot in the course of several hundred feet . ( A Resolution and Conditions o £ Approval would be prepared for a subsequent meeting . ) : ; 1vp5i1rtffp1an198B8S2 , aGd , I � � I f � � � i � REISSUED FOR .AUGUST 27 ; t990' AGENDA N0 . � aas � � � � ' � " � � = = = = = s � = � � � � - � - - ' - - - - ' - - - � � � - - - - PLANNING COMMISSION AGENDA REPOR7 DATEa July 19 , 1999 � � a s MEETING DATE :a July 23 , 199D - T0 : Honorable Chairman and Pianning Commission ' VIA : Dennis A . Tarango , Pianning Commission Secretary FROM : Irwin Kaplan , Interim Planning Director BY : Rob Searcy , Assistant Director ofi Planning SUBJECT : Environmental Assessment and subdivision 9fb - 0052 ( Vesting parcel Map 22178 ) : An appfication to subdivide a 13 . 35 acres parcei into 12 lots ranging firom , 50 to ' 1 . 76 acres in size . ' ' APPLICANT : Zelman Development Campany 1 , PROJECT AND SITE DESCRIPTION A . Action requested : Issuance of a Negative Declaration and approvai of a Parcel Map . B . Surrounding Land Use and Zoning . North - Days Hotel . Zoned fior commercial manufacturing uses . South - Vacant . Zoned for commercial - manufiacturing uses : East - South Coast Air � uaJity Management District . Zoned for commerciai - manufiacturing uses . West - Offiice park . Zoned for commercial - manufacturing uses . C . Community Plan Designation - Project Slte : Commercial North : Commercial South : Open Space East : Commercial West : Commerciai iD . Site Characteristics : The 13 . 35 acre site is zoned for commerciai - I manufactur ( ng uses , and is part ofi the Gateway Carporate Pl. aza . � The site is vacant , and has peen rough graded . The site contaJns , a 20 � landscaped slope from the south , east and west , comprisfng ' _ about 5 acres ot the site . The remainder of the site is relatively level . Sewer and water - iine structures have been instailed on site . The site has direct access to Copiey Drive firom the south , Gateway Center Drive - Trom the north . and . Vailey Vista Driva from the west . BAC%GROUND ' Gateway Corporate Center was approved by the County of Los Angeles Board of Supervisors under a " Unilateral Contract " procedure in 2985 . Under this procedure , ihe zone changed to Commercial - Manufacturing tCM ) ( which allows for unlimited height , a floor area. ratio of 13 times the net buildab2e sife area and a wide range of commercial and industrial uses ) which were further restricted through CC & R ' s which were recorded with the zoae change . The CC & R ' s incorporate design guidelines by reference , which establish height limits ( from 9 stories7 and narrow the range of uses . ( There have been subsequent changes in the CC & R ' s and the design guidelines ) . Additionally built into the unilateral contract , is the provision that any revision of the CC&R ' s is to be approved by the governing authority , now the City Council of the City of Diamond Har . The City Council assumed this role from the Hoard of Supervisors upon incorporation and in October 1989 , . the City Council adopted Resolution No . 89 - 104 ratifying and ' reconfirming design guide2ines for Gateway Center . The guidelines are more restrictive than the , Commercial - Manufacturing Zone standards , therefore these guidelines regulate development within the center . In addition , all development in [ he center must be in accordance with all applicable state and local laws such as CEQA , and local codes . The subdivision of this parcel is not accompanied by any development project . This procedure of subdividing without the ab'ility to review futuze development strategies has in the past created concern bqfstaff . Planning Commission , and the City Council . In the case of this appiication , the single parcei wiil become 12 independent sites which may or may not be developed in Sandem with adiacent .lots so that it may 6e dif £ icult to coordinate design , land use and site access . If the cuzrent developmeni throughout Gateway can be vzewed as an indication of the future development , the ezterior architectural features may not be consistenf . The controls currently in place require the Gateway Architectural Reviem Committee to perform the review . of all development projects . For this suhdivision appl .ication , the design review committee approved the parce2 map as submiiLed . Presumably , by virtue of resolution 89 - 104 , development progosals would be reviewed by both the City and Gateway ' s design review committee in accordance with the Gateway ' Corporate Center design guidelin.es . The guidelines also state ihat any building which ezceeds 5 stories • or 75 feet in . height is subject to a Conditional Use Permit . It would also _ appear that the design guidelines would provide the basis for project evaluations unless the City were to adopt more ' restrictive regulations . CONCLUSION AND RECOMMENDATION Although the design guidelines regulate developmeni within the Gateway Corporate Center , cizcumstances have changed in the overall area since project impacts were origi. nally evaluated in the December 1982 E . I . R . I Aside from changes in project impacts which may occur wit $ in the site as a result of approvai of the parcel map the cumulative impacts of changes in surrounding areas ( e . g . types and intensity of development , traffic , changes in the circulaTion system ) may also alter the anticipated _ environmental impacts . If the Commission feels that circumstances warrant updated information on the project as a whole , then iY is suggested that a supplemental E . I . R . be prepared which would address these issue before action is taken on the parcel map . i If a supplemental E . I . R . is to be prepared , i [ is also � suggested that the Commission identify those issues it feels need to be addressed as par [ of the supplemental E . I . R . If the Commission determines that the information is adequate for a decision and wishes to approve the Parcel Map , then it should direct siaff to prepare conditions to be presented at the next Commission meeting . f VESTING PARCEL MAP 22178 . , N� � f . - ��. / i —= \ �� \A� . . � � ��—_��<��� . � �\ fRAr7 N0. 33o'�9 '�J�W /�j/ �'--�_ �� �-i:/� •=� • I OT ' " . / �//. � � •�`� \ � �l� / ��i '��'° / } � � � -�__��=`_��._ _ L _ - __ _ _ _ 3 � �� i/�//;���/ i ��/ ��` - — . -� .. -�� „�� ;�' ° / �� % ��/ _ . • - \ �' _-- ' r L k:�' "� � - �-=- - _ yn ,j /� �. . ; I I . 3 � _ T _ � :� \ �. I .f �� I , a...� � ` ' ..'`..� � . ' � � _/ :s�� 6 \f'� — Z — --�_ .� _ __ �J�.__'_I:. ,V�X�— ie.��:�., j/ '� / 1� a � . . `r / +�^�...__ . ,.,.—T� p � `� ` Y_ � `. .' �\ c c^' _ !o7z 9 � ���' . . �� -c �0 g ^��/ �w. , '�ii . '. . .e . ... g ' � `�� C `�\ - . � "� '_ __�_ / • e� \ � ' � \� �\\ /�� '��� I . � � /m � �� \ \ • ° . . � �/ �!� � � r�r_ ' -_-_,�'. . �`\ -. \` ���/ T/�� � �\� �' ' / i J� �- ' 3 ^ - �'� -� _ � �;^. �� / t� `�� _______ . / . 3 ��_ � _-•� -�o- _�� - - \ " �.. _ \ _\\ c_ -��_ � � �j���' —__�� _� ` ' \4 �\�= � , i��j'' _-----��='. - , . _ .";` `° . � - _. , � \+ � --^�� �'' ��-,-,�c- � o;a � � \�'_ _._- ?z �� `�:��...— , ��; '-'� :o ' � r�a.�-� - 9�i- �, ��_ _..�.% � - ,�,� _ .� � ` Ol��'J \ __._ __�� LJi" c/ ..�q7q . /J ��5 ` ___ �-f:3:1CT P, NO9 /� YflAG]T �3979 � '�E�T�•(I�E•� i u — _ �� fr� us�� � � �-��'i-�.��� - � �;:: � n . � � � : ::''.;.:..;::(.•Yib ��' + - - - - - - z` ���v-w�M;`t�..=-�'s � `_�� � � SITE ;��i �( i �i�' _ _ �- 1:'�`^F_ � i � � '�.a.. Pornoul � � � '•�i � \ ,� �1 . � _ 1' . . . � � .y� ,��`c ;� r _ .. � g� va'�'`� � � a . . . � ' ✓ ' -"y � . S� �� �i'f.' � . ` '' ��}� ' ` ' - i � i ` � ` ..F .' ' �t ( ? - - . . . � x V � s ��'��ra�",�Y+ '�� �' �W . � � �.a.. �% . . i. � .^ ..:°���C� .tti'"= � �'• VlC/NITY MAP � . . � � s"-' %Ix� 21660 EAST COPLEY DRIVE � SUITE 100 . � � � ' � � � DIAMOND BAR, CA 91765-4177 714-860-2489 • FAX 714861-3117 ' .' �� �` - C,,�, .� _ r�g9 , August 2 , 1990 Mr . Van Reener C . P . Lange Engineers 840 K WesL Ninth Street Upland , California 91786 I Dear Mr . Keener , i - The following may be helpful as you prepare material for the in - formal discussion with the Planning Commission at 5 : 00 pm on Au- gust 13 , 1990 . Based upon the July 23 , 1990 , Planning Commission conments , the August 13 discussion should provicle the Conmission with the infornation they need to fully understand the Gate:aay Corporate Cen� er Project as it might develop under the existing Council resolution , as well as , the implications of such develop - � ment to the City . This is particularly true since the Center , as originally conceived and the impacts as evaluate3 in 1981 , annear to be substantially different from the project as currently con - te*aplated . , Although there is no prescribed format for how this might be ac - complished , you may wish to address the following issues which are of concern : 1 . Describe the types of uses and quantity of. development which could occur if Gateway Corporate Center were built to its ultimate capacity . 2 . How is the current � lan for the Center different from the project which was described and evaluated in the final EIR which was certified in 1981? 3 . How will the project imnacts differ from those contemplated in the final EIR? 4 . Taking into consideration some of the major changes which may not have been anticipated in the original EIR ( e . g . opening of Grand Avenue , proposed Chino Hills Development , proposed Santa Fe Industrial Park , etc . . . . ) , what wi11 the overall ( i . e , cumulative ) impact be on those Diamond Bar streets and Freeway ramps in the area likely to be af £ ected by Gateway . Corporate Center Development . GARY H. WERNER JOAN A. FORBiPTG PHYLLIS E. PAPEN YAUL V. HORCAER JAY C. KIM ROBERT L. VAIQ NORT ' Mayvr Mayvr pm Tcm Councilmcmbcr Councilmember Councilmcmbet � Ciry Managcr , ' � � '. CITY OF D[AMOND BAR USES RECYCLF.D PAPER � . � � � � j `ey _ \ . „� , Mr . Van Keener � � , 1�ugust 2 , 1990 Page Two 5 . There were comments made at the July 23 meeting to the ef £ ect that the anticipated development would be substantially less intense than is pernitted under the CG &R ' s . Since the eity ' s Resolution add=esses only the CC&R ' s , the assumption is that the deveZopment rights for the Center extend to the limits of the CC&� ' s . Accordingly , the evaluation of nroiect imnacts should assume the fu11 intensitv of develoDment tie*-mitted under the CC &R � s . If this is not to be the case , alternate development assumntions should be clearly identiiied . ; I would like to reiterate that Gatewau Corporate Center is ex - tremely imnortant to the future of Diamond .Bar , not only sn te �s . of i�s contribution to the economic well -being oz the Community , ' but ior its contribution to the Qualitg oi Community design and the image the City wi11 project . . Ecrually imporant , however , is the City ' s ability to anticipate and accommodate the imnac�s of develonment of this nagnitude , par - ticularly a� 'this crucial point in Diamond Bar ' s history , as �he City tries to gain control over its des�iny . Than:c you again for offering to provide the Planning Co:nnission the in � or;�ation they need to nake reasoned and resnonsible deci - I � sior. s , oarticularly since this is a project of such nagni 'tude and � imnor�ance . At . your reauest , I have set 3 : 00 pm aside on �ugusc 9 � to review your presentation . Ple�se call ii you have any cruestions . Si '� erely , �I _— I � II \ � � I ' i . Kaplan ��� terim City Planner I: p7s . , cc - Ben ' Reiling � ° 21660 EAST COPLEY DRIVE • SUITE 100 . � � � � � DIAMOND BAR, CA 91765-4177 , - 714-860-2489 • FAX 714-861 -311� �",ctiRPl at� . . 1989 MEMORANDOM DATE : July 18 , 1990 TO : Irwin Kaplan , Acting Planning Director FROM : Jack Istik , Deputy City Engineer SU$JECT : TENTATIVE PARCEL. MAP N0 . 22178 - ( GATEWAY CORPORATE CENTERi The Traffic and Transportation Committee at their meeting of 7 - 12 - 90 reviewed the subject project . The Committee and staff recommend the following conditions be included if the Planning Commission approves the proposed subcYivision : 1 . To provide a traffic report prepared by a registered traffic engineer which examines the new impacts relative to the original densities and projected capacities to demonstrate that the new subdivision is in conformance with the potential impacts of the entire development . 2 . To increase the street widths to 36 feet curb to aurb which would then mean a 46 feet right of way dedication is required . In addition , a 5 foot public utility easement on each side of the street is required . ' 3 . The street which intersects Gateway Center Drive poses a probelem with the sight distance and curvalinear orientation . Staff ' s recommendation is ' to cul-de- sac the street and provide an emergency access road of 2o feet in width for the fire and sheriff ' s departments with restricted access to the public by means of some barricade moveable by emergency agencies . 4 . A pedestrian plan may be required to provide for pedestrian access to the south . Also , a meanderinq sidewalk should be considered to create an enhanced pazkway along the proposed streets . 5 . A bus turn out Paczlity is also required . GARY H. WERNER JOHN A. FORBING PHYLLIS $. PAPEN PAUL V. HORCHER JAY C. KTM RO$ERT L. VAN NORT Mayor Mayor Pro Tem Councilmember � CounciLnember Councilmember City Manager CITY OF DIAMOND BAR USES RECYCLF.D PAPER - RESOLUTION NO . 89 - 104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RATIFYING AND RECONFIRMING THE' DESIGN GUIDELINES APPLICABLE TO THE GATEWAY CORPORATE CENTER . A . Recitals . ( i ) On December 16 , 1981 , ARCIERO & SONS , INC . , a California Corporation ( "Arciero " hereinafter ) and the DIAMOND BAR DEVELOPMENT CORPORATION , a Cali £ornia Corporation ( " Development Corporation " hereinafter ) entered into that certain Agreement of Protective Covenants , Conditions and Restrictions ( " Agreement " hereinafter ) pertaining to that certain real property in the City o £ Diamond Bar commonly referred to as the Gateway Corporate Center - Diamond Bar ( " Gateway " hereinafter ) and legally described as Lots 1 through 24 , inclusive , of Tract Map No . 39679 , as recorded in Book 1083 , pages 14 through 21 , inclusive , of Tract Maps in the Office of the County Recorder of Los Angeles County . ( ii ) On June 21 , 1985 , Development Corporation and Arciero executed that certain First Amendment to the agreement , thereby modifying the provisions of the agreement pertaining to an architectural committee . ( iii ) on or about June 28 , 1985 , the Los Angeles County Board o £ Supervisors adopted and approved a Unilateral 1 Contract Imposing Land Use Restrictions pertaining to the Gateway property and caused to be recorded said Unilateral Contract and Development Standards and Landscape Criteria appended thereto concerning Gateway in furtherance oP Los Angeles County Zoning ' Ordinance No . 85 - 00992 Adopted June 6 , 1985 . ' ( iv ) On April 9 , 1987 , TRANSAMERICA DEVELOPMENT COMPANY , successor in interest to Development Corporation ( ° Transamerica " hereinafter ) and DIAMOND BAR BUSINESS ASSOCIATES successor to Arciero ( " Business Associates " hereinafter ) executed a Second Amendment to the Agreement thereby amending certain parking standards contained in the Agreement . Transamerica and Business Associates , on May 16 , 1988 , amended the Agreement pertaining to certain specified permitted uses within Gateway . ( v ) on April 13 , 1987 , Business Associates recorded a Master Declaration of Covenants , Conditions and Restrictions ( " Master Declaration " hereinafter ) pertaining to Gateway , thereby supplementing and amending the Agreement . Said Master Declaration specifically adopted and approved , in Section 5 . 3 ( a ) thereof , certain architectural design criteria and specifications for Gateway described as '� Gateway Corporate Center - Diamond Bar Design Guidelines " prepared by Hill Pinkert Architects , Inc . , and dated October , 1986 ( �� Design Guidelines " hereinafter ) . Said Master Declaration was approved and recorded in accordance with the procedures and requirements of the Agreement . Recordation of the Master Declaration thereby substituted the Design Guidelines referred to therein for the Development Standards and Landscape 2 Criteria identified in paragraph A ( iii ) , above . ( vi ) Pursuant to Section 5 . 3 of the Master Declarations , the Design Guidelines were amended in July , 1988 . ( vii ) It is the purpose o £ this Resolution to reconfirm and ratify the Design Guidelines , as heretofore amended , in order to insure that the same are utilized and implemented with respect to property developed in Gateway . ( viii ) All legal prerequisites to the adoption of this Resolution have occurred . ' B . Resolution . NOW , THEREFORE , the City Council of the City of Diamond Bar does hereby find , determine and resolve as follows : 1 . In all respects in set forth in the Recitals , Part A , of this Resolution . ' 2 . The City Council hereby rati £ ies and reaffirms the Design Guidelines for Gateway Corporate Center , Diamond Bar , dated October , 1986 , and amended July , 1988 . The City Council hereby speci £ ically finds and determines that the Design Guidelines , dated October , 1986 and amended July , 1988 , are the Design Guidelines for the � Gateway Corporate Center and were duly and valid7y approved pursuant to the provisions of the Master Declaration of Covenants , Conditions and Restrictions and the Agreement . 3 . The City Council hereby specifically finds and determines that the Design Guidelines , including , but not limited to , parking requirements and design criteria contained therein 3 shall be , and the same hereby are declared to be , applicable to all projects in Gateway and City staff , consultants and developers of projects within Gateway hereby are directed to implement the same . 4 . The City Clerk shall keep and maintain a full , true and correct copy of the Design Guidelines available for ' public use . 5 . Business Associates shall provide to the City o £ Diamond any proposed amendments , modifications or changes to the Design Guidelines and/ or the Master Declaration . 6 . The City Clerk shall certify to the adoption of this Resolution . PASSED , ADOPTED AND APPROVED this 17th day of October , 1989 . ����� �' �� Mayor ' 4 I , LYNDA BURGESS , City Clerk of the City of Diamond Bar , do hereby certify that the foregoing Resolution was passed , adopted and approved at a xegular meeting of the City Council of the City of Diamond Bar held on the 17th day of October � 1989 , by the following vote : AYES : COUNCIL MEMBERS : Forbing ,. Miller , Werner Mayor Pro Tem Horcher and NOES : COUNCIL MEMBERS : None Mayor Papen ABSENT : COUNCIL MEMBERS : None ABSTAINED : COUNCIL MEMBERS : None ATTEST : �\ _%C_f�l��' �� G.s .�k��:/. �.✓ 'Citp Clerk of t:i�e ' City of Diamoi7u Bar � 1 N\ 1012 \RGATEWAY�DS 6 . 11A S � ,� _ � 71499�623H ,�OCT 16 . 1989 12 � 17PM � � --P . 02 , FROM � 6x25 7539mirezz9G DE _ . . Tn ° ` " � " TONIkq CASE N0. EO-u54•17) . . � - OPO+xaNGE N0. 61Wce z � M apnanCe A�rre.mlrN Sembn 232 W OiGnarFa No, i49a. Mmpinp repolaPwns tar ihe axtcu- , . Ilon Oi th¢ GGner01 f'Im, �e18Gnp Ia Ine San bs¢ 2vned �Ig(rim N0� 21. ' - - TAa 8oard of SU(kMsarb OINe Co�qiy o1Los pnpoles oo Udalq is idipW4; fleCtion 5. Scnbn S32 0� Offinance Na. 5dea, entlt�eq "She Ionlnp Ai01n1n�e:' �Oopted ��. Setl�emqer 14, 1g17. Is �maMed 4y amennx+q ihe map al ine San Josa Taned qs1Am as sMwn on '. Ihe map inecntl0 hnrelu. . 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GOU�LD CNAIRMAN NORMAN MURROCH PLANNING OIRECTOR $BClbll Z. }�g BOifd 4� SUpBM54�: �11146 Nd� �h1$ OfdI11011C011 SY116�5�811� W�[�I IIIB �6�0101 FI;11 � ' 0� ihe CWrty 01 l05 Mpx1i4. . ' &eeGon 3. Tnly ordinance eneN pe Wbllsneu In METHQPUU7AN NEW°�, e newaVaper panlM md � � vublishea ut 1he Cuunty o� Lw Anpeies. �. SfA4 EOMUNO D. EOELMAN, Chaltmen. - A17ESi: L1wRY .i. 4AOxTE1tH, Execu4+x Otfi�m�E�en of ifia 8oera 91 SupeM:ors al 51re Cwnly n1 tos Nlpele5. " -' ' � '"' ' I hafeUy tortllY U�a11I 115 m0e1Mp 01 June 6, iBBS, lha fofepdnp ad�nenc0 W�i adopleu Oy ihe . poEN nt $Up9rrisare Ot s,1id C9un�y 4t L05 Mpelee 6y �lp tolloWltp vole, 10 M'��� �� Ayea: SupaMswe Peitl� F. &cheheNm, RenireU Henn, Deuie beni #nd IAkhaIN 0. AmoiqvNA�. � ' Noes: Nons. � � . SEqI, i �qppy ,l, MONTEILH, � . 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N � �n o Y� o d ` y �, \ � d : 1 a � 6 u, o '�'` ` U` °. ` , y . m . a U � � O V �- 2 YN U , � � W O � y �- � � c� W Z �i o. � O Z� y � w p, p` � Z `'a4 U d O ¢1 �i �� , 24 O V 7 2 Z ` ` J �` \ U,` � 7 � � m w � iD E ZQ 7ec Q U ; j � U � z'� N J U i Z � � � J " m T O � � J u'� ZELMAN DEVELOPMENT CO. ' , A C A L I F O R N i A L I M I T E D P A R T N E R S H I P . 515 SOUTN FIGt1EROA SiflEET • LOS ANGE�ES, CALIFORNIA 900]1 � TE�ECOPIER 1213) 628-1208 • TELEPHONE (?I31 628-0624 � Diamond Bar Qusiness Associates , a California General Partnership ' By : Diamond Bar Partners , a California General Partnership , Partner By : Zelman Development Co . , a Califoroia Ltd . Partnership , Partner , By : Zelman h4anagement Co . -> a California corporation , General Partner Qy : J_ .,-� . j'� / L=� Ben R ling Presiden� �" . • � . . . ta�a:wrr Wc ! . . . PROJECI NOhIDER ( S ) ItiIT711L STODY QOE9TIONNliIRE -- =-�:< -4-��'�'_ �`-- ��' OOSZ A . GIIIERAL INPORM)iTIaN Pzoject Applieant ( Owner ) : Project Representative :�, Diamond Bar Business Associates C P LanEe En�ineers � Name NamE 515 South Fi ueroa Stree u' 9 0 � ress � ress Los Angeles CA . 90072 Upland . CA 91786 ' � ( 223) 628- 0624 (7� 4) 946- 9919 • Phone Plmnbec p one Numbez 1 . Action requested and project description : A 12 parcel/parcel map . 2 . Stzeet 2ocation of pro�ect : 21600 Gatewav Center Drive 3a . Ptesent use of site : VacanY 3b . Previous use of site or atzuctuzes : Vacant 4 . Please list all previous eases � ' ' ( if anyf related to ehis project : Tract No . 39679 5 . Othez related permit/approvals requized . Specify type nnd qrantinq a9ency . 6 . 11re you planning future � phases of ehis projeci ? 4/'YJ �' If yes explain : 7 . Pxoject area : 8 . N�miDer af floorr. Covezed by atruetures , paving : 1 . 26 Acres (street paving) 9 . Present zoning : CMBE - UC Iandscaping , open apace : 5 . 25 Acres Qandscaped slnpes & parkaaay) ' Tbtal area : 13 . 35 Acres � I0 . water and sewer serviee : Danestic publie iiater Sewers Doea service exist at site ? � /�/ � / .{�/ If yes , do purveyors have capacity to meet dw.mand �f �t] /� �jj of project and all othes approved projects2 If dcmestic uater or pnblic sewers aze not available , how Will thezQ services 2x pcovided? - 1 - _ . ... _ . _ _ . - - - _ . . .. PM 22t78 B . EN'V�20t�NTaL 2NPORtlA'iION ' 1 . � Enviror�ental Setting — Project Stte _ a . Ekisting use/structures Vacant b . 7bpogzaphy/s2opes exist#n� roue�h �raded �ad » t 2 °� ivi h ain�� ar�� md a�rtarinr *c . Vegetation N/A *d . ]1t�imals N/A 'e . ilaterccurses N/A f . QilturaZ/historical resouzces N/A g . Other 2 . �viro�ental Settinq — Surramding A,rea a . Etisting uses/structures ( types , densit3es ) : several Cbmmercial/Industrial buildin�s b . Tbpography/slopes The entire Tract No. 49679 ha � a�risting pads and all the infrasYructure and streets • c . Vegetation N/A •d . Animals N/ A �e . Hat �rcourses N/A � i . CUltnral/historical zeso�rces N/A g. Other ` _ 3 . Are thete any major trees on the site , including oak trees ? � � If yes , typa and nuaber : 4 . Tiill any natural watetcoutses , surfaee tla+ patterns . , ete , ' ba changed thrauqh pro�ect development? : `Y'/ �i If yes , explain : �I�nssrers are not required if the area dces not crontain natural , undeveioped lard . _ 3 _ P�122. 17 $ , _ � H . ENVZROtugHT?.L II�POAtStTION (cont . ) 5 . Are there any parks lRegional , Coimty, local ) or trails located within a one mile radius of pcoject ? � /i07 If yes , please identify ; D4aple Hill Park 6 . _ Gzading : , Will the pcoject If yes , hocr many Wf21 it be cequire grading?.; � /�iJ cubic yazds? 4 , � oo balanced on site ? �J � If not balanced , wheie vill ditt be obtained or deposited7 � . Are there any identif3able landslides or other major geologic hazazds on the property ( inclnding uncanpacted fill ) ? /f'J �J If yes , explain : 8 . Is the propert located vithin a high fire hazard area (hillsides vith moderate2y dense vegetation7 � � Distance to nearest fite station : 9 . Noise : EScisting noise sources at site : None Noise to be generated by project : None 10 . Fumes : � Odots generated by project : None Coa2d toxic fwnes be generated? None - 11 . What energy-conserving desfgns oz matezial will be used7 unknown at present CERTIPICATION : I hereby certily that the statmient� furniahed above and in the attncf�ed exhibita present the data and infotmation requized foc thia initial evaluatioa tc the be�t of my ability , as�d tbat the facts , statements , and information presented are tzue and cctreet to the beat of my Imovledge and be2let . ' aace : 4/iz/9d TT t�ae� lor : C P Lange Engineers � . _ 4 _ 8/SS . . .. . - - - - P�Vt 22. � `7 � zesidential projeets : 11 . Number and type of units : 12 . Schools : {4hat achool distsici ( s ) serves the pcoperty? Are existing school facilities adequate to a�eet project needs? Q �ti If not , what provisions will be made fo[ additional elasszooms? . 13 . Distance to : Neighbochoad Ccnunesical t7ajor F]nployment Public Patk Non-ReaidentiaY pzojecis : 14 . Distance to naarest residentia2 use or ' sensitive use ( school , hospit�l. , etc . 1 1500 ' ' 15 . Number and floor area of buildings : N/A , i 16 . Humber of employees and shifts : N/A 17 . l�nximmn employees per shift : N/A Operating 6� s�o /� N/A 18 . Zdentify any : End preducts N/A 8aste products N/A Heans of disposa2 N/A 19 . Do project operations use , store oc produca hazadous substances such as oil , pesticides , ' . chemicals , paints , asbestos or radioactive materials? Q � Zf yes , explain : 2b . Do your oQerations require any prassurfzed tanks? QY � Zt yes , explain : 21 . Identify any flamnable , reactive oi explosive materials to be loeated on-site . None 22 . Will delivery or ahi�nt trucics travei through sesidenctal areas to reach the nearest highvay.� (J! � St yes , expinin : _ � _ • . - -- _ ; - - . . _ . . . . . . . ..� ._.. . . _ . _ .. - PM-2'Z1'fB . .�� � � . . . � ' CltyofOfnmond8arbdb+lStnrqrpyry � . . � 216Sa EAST CQPI.E7t DRIYE • Si7I'TE 100 . � S � , � -�- Du�� s.�x. ca si��s-air� . - . y, 714S60-Z489 • FAX 714-860-311'7 ' . , i . . . . - . t. Bacicgrourtd: , _ i . Name of.Appficant: �F'i /t4A�/ ���l.�Ld,�/"�1��!`T� (�£J. _ _ � _ 2. Addcess and Phort�umbero�ro nern: � �= L.4�lC-�E .�.<lflr✓.���'S, �� � -. f3 - 7�ii 550 - 99/ 9 ' 3. Name. Adtlress an done of mject c�t: . �� B ` 4_ �ate� of Erivironmerrtat (rttartn o Submfttat: � Ta! i -nsl-L r�� � f��-, �tL 2�"a � I�K10 - '�'R�GGIG "f=�Wf� , � �a�_�0.0 Z��RP• � ,�LT2 12 _TuAIE �� , l44� - ��. - , � . 5. Date af Ernimamer�tai Checkiist Subm�tai: _ � " " 6. L ad Age Agency R iring Checisksi): • ' 1� � a��� Ba�..-�Pr � � �� -n.� `�,..a�.w�rt.�: _:_.. _ : -, 7. Name of Propos if appi"ica6�� le { Sract �!o_ � SuticGvfsionj: _ , _ - . ; - --- - - - - . ,- . - . " . • �Lm � �MM�' � A-� �.lF3t> tJlSaon� . . - -- _-- - -- -- '"f�¢-� ��i (0 9 PN1 2-I �S _ 8. Relaied AppGcations (under fhe authoriiy of this environmentat determina�ion}: Yes No Variancs: • _�� ' • - Caadfttonat Usa Pesmii: _G�_ : 2one Change: �� . �_ - Gzrterai Pian Amendmernt: ►'��� h��;P, �'"" (Attaeh Camplet� �vlronrrreatat lreiormatt�7ri Fflrm) P.YYLLtS E PAPEN�'PAUL V Ei0&� GAAY H. R'ERNE-3 GARY G- hIIt.LF1t IQHN A. FOR3lNG ROSERT L VAN NO&T . - - - . _ .- .- Mat� Psc Tem . Cou¢aimem6es '. Caaeq7mffibc• . Caaac3mmtoa C34' 1Nans'i�_.;,,�,. '- � - - - - - .. ..� ezr-.,r- �`�7 r.Ape� � . . . . , . _ _��-:�� _ - ,� ` ,,.� . .. . � - - � . . . Gry ot Dlrmond BartrJtfil SmdyP�Z � . . I6 Emlronmeniat impactsc (Expfarratto2s and addlt/onal lnfomratlon to snpplement aIl "�es" and 'passl6ly" answers a2 rs�ulred to be srrbmltied on ailachesl sheeis) . • Yes No Possmiy y. Earth. Wtll ihe proposai resuit in: a Unstable earth cond'rtions or chang+es in geolagic snbstruciures? � • b. Disniptions, dsptacemerrts, compaciton or vvercavering of the sol? ' � a Change in topography or graand surface relief features? _!� d. Ti�e desi�uctton, cavering or mod�cation of arry unique geobgic or physicat feature? � e. Ar+y iriCrease in wind or water erosion of soiis, e�her on or off the site? � f. Changes in deposiiton, erosion of stream bantcs oriand adjacer:t to siandir�g water, clianges �n s7tat�an, deposition or other processes whfch may modiiy the channe! of cnnstant or trrterm�terrtly flowing water as weli as the areas surroundmg permanent � or 'urtermitierrt stan�ng wate(? g. F_xposnra of peopte or pmperty ta geoiagic hazards such s earthquakes, landsiides, � mudsfides, ground faiure, or sim7ar hazards? 2 Atr. Wilt the propasal resuli ln: � a Substaritial air emissions or deterioraiion ot ambieirt air quatity? - - b. 'Fhe creation of o6jectiona6te odocs? � . a Afteration of air movemerrt, moisiure, or temperature, or any changes in �mate, either braliy or regiooaII� � 3. Water Wtlf the proposat resuft tn: _ _ __ __ __ . . . _ _ . --_ _. . . _ _ _ _ - _ - - -. :- - - -��" - - -.. . _ - -- - - - - _ � _ _ _ _ . . _ . _ __ . . a Ghanges in currerrts or the coursa or �racfton of water movemer�ts? b. Changes in a6so�ptiort 2tes, drainage pattems, orthe rate and amount of surface run-off? � c. Atteratforts of the caursa or ilow of flaod waters? _-IL—' d. Changes +r+ the amount of surface water in any body of water� ._JG� e. DFscharge irrto surfaca waters, or in arry site.raGon of sudac� water guatfij including but / noi GmBed to dissolved oxygen and hirbiddy? �G- f. Alteration of the direciion or rate of ilow of gmund waters? � g. Change in the quantiiy of ground waters, either through direct add�ions or withdrawals, or through intescapUon of an aquifier 6y cuts or excavat�ons? h. Substarttiai reduC,ion in the amourit of water othenvise availabie fer pubtic water suppGes? i. Fxposure of peopte or praperty to water related hazards such as flood'�ng? - ry . -� .••��� . . . � . . . � . . GtyofOlamandBarinitlafSnurfyFami �. . . . . _ - p� 3 Yes No PossD��y 4. P1ant Llfe. Wllt the praposat resutt In: . . - a Change In the drrers�t}I ot species, or number of any species of ptants {inciuding trees, � � / shcubs, grass, crops, and aquatic ptants)? �!� b. Reduction in ihe numbers of arry anique rare or endangered species af planLs? ' � c. Reductkn in the s¢e of sensitive habifaf areas or ptant cammun�ies which are recognized as sensfive? � � ` d. iatroduction of new species of ptartis irto an area, or in a 6arrier to the normat � replenishmerd of extsKing spectes? _� e. Reducfiort in acreage oi arry agriaitural crop? . 5. Animai Llfe. WIR the proposai resuR tn: a Change in the divers'�ty ot species, or number o( an}� spenies of animals (birds, land - animais irtdudng reptites, fish and shetifish, trenthic orgarusms and insecxs)? � b. Reduction in the numbers of arry dnique rare or endangered species of animais? ✓ c. lntroduciion ot new species af animaLs into an area, ar in a barrier io the nortttat rtugratian / or movemem of residertt species? -- V d. Reduction tn size or deteriora5oa in quat'�}I of existing fish ervuddt'de hat�iiat? � 6. Noise. W!!! ihe proposat rnsuit tn: � / a Significant Increases in existing noise tevets? _JG_ b. ExQosure of peopie to severe noise tevets �SL._ _ . _. _ - - _. __. . _ . . . - --- —_ . . .. _____ _. . __-_ - 7. LlgM and G1are. 1MIt the proposai result !n: a Sign�carti new light and gtare v� wrrtnbute sign��tfy to exis�ting levels of Gght and gtare? � 8. 1_and Use. Wtit the propasal resuli In: a. A subs�antiat aitera#ion af ihe presarrt or pfanrted land ase in an area? �lG� 9. Naturai Resoarc2s. Will the pmposat resui! tn: a An increase irs the rate of usa of any natural resources? _JG_ 1a. Rlsk ot Ups2i. lAlttt the propasal fnvolve: a A risk of an expiosio� orthe retease of hazardous subsiancas (incfudng but not limites! / to, ad, pesttcides, ct�emicats or radiaiionj in the event of ar� ac�ident or upsei condi�ion? _L_. b. Pro6abie urterferessr,� wEth an emergenc� respo�e pian or an emergenc� evacziatia� pian? _.JG � ».. . - � . . . - � - �. �. GryofO/amondBarWtl�lSotdyForm - �. Paga 4 Yes No Passlbty yt. poputat(on. NrtU the proposal: ' ' / a Atter the tocatiort, �stnbutian, density, oc growth rate of the human population of an area? ,,j„ _�_ ��� �2 Housing. 4Viii Hte propasat aSect: � a. F,cisting heusing, ar creafe a�demand for add�tiaaat housing? - - � - - - 13. TranspoctattonlClrc,vlatian. iMU the proposat resutt In: / a Generation af Subsfantiai add�iona[ vehicuiar movemer+t? _ _..(�_ ��. ' b. Effects on eadsting pariting taoitfies or demand for new parking?. _j� c. Subffiarrtia( impact on existing transportation systems? -�� d. Alterations to preseat pattems of dreulation or movemec�t ot peogle and goods. e. Atterafinns to waterbome, ral or air Vaftic? J� � f. Increase in iraffic hazards to motor vehicles, bicycfists or pedestrians? 14. PubRc Servicss. WIU the proposat: ' a Have an effed upon, or resuft i� the rteed for new or altered govemmentat servicas in any oi the foitowing areas: 1 . Fire protectfon? � • 2. Poiice protection? —+�— 3. Schcois? � ,_. . _ _ _ _ _ _ __. ._ _ ._ _ - _ _ _ ._. _. __ __ _ . _ _.. . _ --. ._ ._ � ._ 4 Pazks or other recreahonat facsTitiss? - - - - - - - --- - 5. Maintenanca of pubfic facliiies, incfuding roads? � 6. Other govemmental sarvi�s? � t5. Ettergy. WiU ihe proposa[ resutt In: � a. Use of subsfaniiai amaurds af iue{ or energy? �Y'� b. Substantiat increase in demand uport exisiing energy sourc�s or require the de�etopmern oi new sources ot energy? � 76. Utitfttes. Wlit the propasai resati In: a A need tor new sysiems, or Subsianliai atterations to Qu61ic utilities? � � . _, . , � asyotan�,o,�ae.«:rvrvrsmayrrom, � . � � � ' � � p� 5 Yes No Possmty y7. Human Heatth• W[R the proposal rasalt In: : ' � - a. Creation oi arry healU� hazard or poteniial hea(th hazatd (excladng meritai health)? b. Exposure of people io potentiai heatth hazards? � 18: Aesthettcs. YV11! the proposal resuft fn: _ _ . _ _ a The obsiruciion of any scanic vista or view open io the p3blic, orwit the pmposat resuR k� � the aeatiort of art aesYhetically offensive s�e open to the puBlic view? 19. Recreation. Witt the praposa! resuit In: . / a. An impact upon the quafity or qua�"i7r of existirtg recreational opportun�3ies? �1�. . 20. Caltura! Resaurces. Wttt the proposal resuit in: a The aiteration of or the destruciion of a prehistoric or historic archaeotogical site? � b. Adverse physicat ar aesihetic eSects to a prehis:oric ar historic bvilding, siruciure or object? � c. a physical change which wouid aifect unique ethrtic cuRurai values? � � d. Resiricfions on exisiing religiaus or sacred uses within ihe poterrtiat impaci area. .. � . . . - . � CLyoJDfamond $arlrttBelStrrdyF� ��. � � � .. " Pag� B Yes No Possibty 2i . Mandatory Findtngs of SigNfteanca? . • - a Does the proposed project have thepo teMiat to degcade the quaCdy of ihe environmeM, substantiaity reduca the habiYai of a fish or w�dtffe speaes, cause a fLsh or unTd�de poputaHon ta drop below seff sustairticu�7 Ievels, threaten m eUminate or . significantly reduce a piant or animai community, reduce the numberor resVict the ra�ge of a rare or endangered ptaM or animat or eliminate important � examples of the major periods oi Califomia history orprehfstory? - - - -. _ : ./. , � ��� b. Does the proposed pro�ecY have the potential to achieve short-term, to the disadvarrtage of iong-2ertn, env�ronmentai goais? � � c. Does the propased projeci pose impacts whict� are incGvidua!!y limited but cvmuiativefy considecabie? . / l� d. i?oes the project posa environmert2al eHeCts whiCh wil cause subsiantia! adverse � - eHeds on human beings, either directiy or i�direcity? !i! Discussion of Enviranmesrtai Evaivation: - - - - - __ � -- _ (AffaCfi NarratWe�. - � IV. Deterr[�tnation; _. _ _ __::. _ -- - - _ - - -- - _ , __ - - -- --- --- -- -- , _ — _ _�-- On the hasis ofi fhts iniiial eva�uatton: — i find that the proposed pro'ect COULD NOT have a s�gn�cant effeci on the environment, � and a NEGP,TtVE DEC�RATION wili be prepared. 1 find that aithough the proposed projeci couid have a signiFicarrt eifecf an the environmer�t, there w0t rtot be a sign�cant eifect in this case becausa ttie miiigatiort measures desc�besJ� on the attached shesi have been incorporated into the proposed projecL A MI'FIGATED NEGATNE DECLARATION W1LL BE PREPARED. 1 find that ihe proposed projeci MAY have a sign�cant effecf on the environmeni, and an ENVIAONMENTAL IMFACT REPORT is requ�red. - Date: �n - 2. S - 9 O Sigrtature: 6/.� T+tle: � /l1 . o� � A.rZnr�� Forthe Cityy ofi Diamond , Califomia OAK . TREE STATEMEIQT � � [ X ] The svbject property contains no oak trees . ( j The subject property contains one or more oak trees , however ' the applicant anticipates that no activity { gradino and / or ' ' constructionJ will take place within five ( 5 ) feet of the outer dripline of any oak tree . [ ] The subject property contains one or more oak trees and the apalicant states that activity ( grading and / or construction } wi12 take place withzn five ( 5 ) feet of the outer dripline of anv oak tree . An Oak Tree Permit has been or will he applied for prior to any activity taking place on the property : Q. �,��� 2- 9 d Appli ant ' s Signature Date � OTS89MG - � Prv� a Z �-rg . � ` . � r ° -- _ :.� � ` ,. ' � � =� � 4 , � w>> � m � m$ov . , �% �. o'�'d e 2 ' b v � i 4 � � 0 . O N . �J � 7 � C O�E N J N' C Sofi � ,� Oa., �M�° . . . • u .� . `: r"�.dJ ` �i f� V ryn R ` . �r � Q tld o 'l n.,Y W � � 1e'+� � . . � � � sa�ser iir?^y s° `��1+; ��. � . 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( �iL. 1 �' �� � „y� \ ` ` . _` l ' � r (` N /�3 a � � ��;j .�i\ y`�(� . 1 Q � � � '� � � �y W �r r7 �'��, �'� � -��., ; ,� ,� - _ �-��, �; N 4� 9 F? o / :'- ��'� '°-�, ,�r��`c `` �.- - `� x �f'�'i-� S `�'i� ; L�=�C,,✓�` �`� ��3 � ,� _ �� ,�o � ? `"-''`� "' ' ��'.J �s�4 o� �O J%%?? „ ��"F �%i �8'7 � _ �� �, � .� �-> � � . 686 C� sIGF.o i. , ,,i!_1,�� _ 6'��1,,/,;,=� , „� � � U iS��f� � � � �, , f �. � ��� � � � ��, "q��� �i� x�"`t�nY�, �'< t,� �`==. `� � � i �, � � t �`- `�� �so T 4 � '�'"���� �� ,�, :� ,�: �. �=�`� � �a �� (l � . '� r" � `_,- .� � � �- �< r '<�;!'`=�`;`' � �o� _ p � ,�; f��-�.,��� c� �) �.. ���,Y `���� , 1P, n N � � � \oo `�" ,;` �\��-, •'-� -� ,_ 'r+.'<� Lt��, �J \ � +� J �� � . J /n p r / �'' 2 n N \l��� r k� \\� ''�1/�=�;�'��r 1 , 4 �, � �.`L?�J� � �:��l � Z � s � ��' ���r�_ �� titi� 1� ! ��������>�� �?�'c s-sa=� � : t ; c� §,,�� � , � c�-r$ � � d o ' 1�;', r llw �.-k� �„ ��a���, { �� ;� � ���� � �� � � c�� �1s��,s i o ��iL. _•�If}�, �� �% \% �h��G_ =�-,� � t���lll �),.,i�-- '��► � ��-`�� �..�''1�� � � r' "� : , 0 �� -C� " '� �� d U,\'�� 1� �-•�` 1 ( � ` = L.,� �� /� � � � (�� , -• 8 1�� �r , 1 u ,� .; 1 J a �+ ,� • �= , `;�iL,F��;° C s �n.� �,,. � y� ^ 3 y . ..1 ` � ( . ( ( � i Fiie No . 90 - 0� 47 j Pow�i> NOTICE OF PUBLIC HEARiNG The 9 Planning Commission wfli conduct a public hearing ort ; ' A . minor subdivision to create - _ __ . _ _. _ _ _ 2 parce i s on 4 , 39 acres i n the g'�, ( ,;'i CM - BE - UC ( Commercial Manutacturing ,y. — T - - - - - _ o•° � =� Billboard Exctusion - Unilatera ! '' =:: Contract ) zone Iocated at 15 ?5 4$�T� `��� '� �: � `�: • �'��2. ,i3-�' • _ S . VaI Iey vista . � �. ,�,<c�=�- \Porto�l4�_� �`��'' . ! - � � g ,L ` �� . '� ( ` - e�' �"e..�'` „ .. _ y w��i ��` . ENVIAONMENTAL DETERMINATION : ; � Mitigated Negative Dec1aratioR ��� � 'd a '� 1 }a���q6� ' . V ( CINtTY MAP OF PROJECT : - ----3{��_.����\ This case does not affect the zoning oi` surrounding property . ! f you are unable to attend the public hearing , but wish to send written comme � ts , please write to the City Planning Department at the address given below , Attention : Rober. t Searcv You may also obtain addPtfonal information concerning this case by phoning the Plann3ng Department at t714 ) 86H - 3195 . Materials tor this case are aiso available at : Diamond Bar County Library iQEi South Grand Avenue Diamond Bar , CA 9t765 DATE OF kEARlNG : Julv 23 , 1995 TIME OF HEARING : 7 : 00 P : M . LOCATION OF HEARING : Watnut Vallev Unifiiad Schoot District 889 South Lemon Street Walnut CA ai789 CAS 'c MRTERIALS AND ENVIFONME � TAL STUDY : Are available fior review during regular business hours at : City ofi Diamortd Bar Ptanning Oepartment 21664J East Copiey Drive Oiamond 8ar , CA 9i765 Pablished in : San Gabriei Vallev 7ribune On ' Julv 2 . 14 ° 9 Progress Bulletin ' REISSUED FOR AUGUST . � 7 , jggp � � _ _ _ _ � _ _ � _ _ _ _ _ � _ _ _ _ _ � _ ' _ _ _ _ _ � _ _ � _ _ - _ _ � _ _ � _ _ _ � _ _ _ � _ _ = = = � = AGENDA _ NO_ = ��= _ � _ _ - PLANNlNG COMMISSION AGENDA REPORT � - - � � - � - - � � - - - - - - - - - _ - - � � � � - - - - - � s - � - - - - - - - DATE : July 19 , 1990 MEETING DATE : July 23 , 1990 T0 : Honorable Chairman and Planning Commission VlA : Dennis A . Tarango , Planning Commission Secretary FROM : Irw 'rn Kaplan , lnterim Pianning Director BY : Rob Searcy . Assistant � irector of Planning SUBJECT : Environmentai Assessment and subdivision 90 - 0 � 41 ( Vesting parcei Map 221ID2 ) : An application to dfvide the existing parcel into two lots ofi 3 . 62 and . 77 acres in size . APPLICANT : Specialty Equipment Marketing Assoc . 7 . PROJECT AND SITE DESCqIP710N A . Action requesteds Issuance of a Negative Declaration and approval ot a Vesting Parcel Map . B . Surrounding Land Use and Zoning . North - ( Valley Vista Dr . ) Vacant , zoned for commercial - manufacturing use . No projects on fiile . South - Vacant , zoned fior commercial - manufacturing use . No projects on f I I e , East - Vacant , zoned for commercial - manufacturing use . No proJects on f i l e . West - Vacant , zoned for commercial - manufacturing use . No projects on fiile . C . Community Plan Designation Project Site : Commercial North : Commerciai South : Open Space Easte Commercial West ; Commercial D . S3te Characteristics : The 4 . 39 acre sfte is zoned fior commercial - manufiacturing uses , and is part ofi the Gateway Corporate Center . The site currently contains a 2 - story offiice building . The site has been Iandscaped with some street trees but contains no other significant flora or fiauna . The site has had extensive grading and notable surface and subsurfiace construction ( sidewalks , parkways and sewer structures ) . The site has direct access to Vailey Vista Drive . . ANALYSIS Gatewaq Corporate Center was approved by the County of Los Angeles ' Board of Supervisors under a " Unilateral Contract " procedure in 1985 . Under this procedure , the zone changed to Commercial - Manufacturing ( CM ) ( which allows for unlimited height , a floor area ratio of 13 times the net buildable site area and a wide range of commercial and industrial uses ) which were further restricted through CC & Rs which were recorded with the zone change . The CC & Rs incorporate design guidelines by reference , which establish height limits ( from 9 stories ) and narrow the range of uses . ( There have been subsequent changes in the CC & Rs and the design guidelines ) . Additionally built into the unilateral contract , is the provision that any revision of the CC & Rs is to be approved by the governing authority , now the City Council of the City of Diamond Bar . The City Council assumed this role from the Board of Supervisors upon incorporafion and in October 1989 , the City Council adopted Resolution No . 89 - 104 -ratifying and reconfirming design guidelines for Gateway Center , The guidelines are more restrictive than the Commercial - Manufacturing Zone standards , therefore these guidelines regulate development within the center . In addition , all development in the center musi be in accordance wiYh all applicable state and local laws such as CEQA , and local codes . The subdivision of this project is not accompanied by a development project . The lot split will create two lots . Lot No . 1 will be 3 . 77 acres and lot No . 2 will be , 77 acres . Currently lot No . 1 is developed with an office building and is served by one driveway , Lot No . 2 wi12 also likely be served by one driveway . Due to the location at the western portion of Gateway Center and the current development and traffic generated by these sites , and additional driveway at this location may not negatively impact traffic flow . This loi splii is xelatively insignificant individua22y but in light of current applications for Gateway Center , any project must be considered for cumulative impacts . Development densities have been based on a ten year old EIR and therefore the exTernal conditions of Gateway should be reassessed to determine the current developmeni capaciYies . } 8. � O � _ O (Y� y Z U ' .. � � v � � 6 ` uG' o- p � �I1 c q o S' `�% ' :� a- d . �- 0. 0 ' 7` ` \ o � v � d j , � � ',-.�' � � . i1N ,P j o. i � � ;�' ?� g � � � � �'- � N \ � � - � - (� m 1 �` -- Z `�'�' �j "" ?j o- - � �p J ; v 31 g . ` W V � ~ "� ' o . j 4 � �, 5 d C M �` � N °i _ .�. - � � � . \ �"" �-' � r � ' C �o � � . � � c�.� � d " �' � � , E. � " , � . � . ` '` � � d � Z 4 U N c -� N P y � , _ - � - � �, g . - �. �, � - o , -= 6 � ��.5p�., A 4 ° U /� a ` ` +� ' � � '� � � ' ,o � j J YQ �¢ '' a � � � � Y � �� ' ' y ' � ' ,` � O � 4 � o � � 6 �- � U ' 'l �N ' '� �o ! _ �� �� � �v ` ' r � %�¢ i �� �-� ` " - ��'' Q 7 N � % . g q t,. � o M t.� a u � <C . ^ c�o � ' J > : J �"� i yo y J� 3 it� 4 7 N `..°. '�' . � Z N � a 2 *c Q � ic a - `� � �? � ,v't^ . " 4 ` y 6" '' 4 4 "] ` j �g N o G :✓ ` i o d' , '9 > ^- " . � � m m '"p1 m m � x ~� " �� Q s �- � '� U `° U 7 � 2' V � ` ^ °� ✓ � v N : m O )' > G � L ..9 � � .0 � � .,N a y ly ' N '� ,. ,- « L �' y � d � - ? � � � i � Y a m t° m o'- a -c � '��' �. b `� � o Z u' ` o o. °' _ v y .'✓ ti' �� G y N .oV g Q. �y m `e .- � � C 'L � U J' � `S � Q' �j a °� � u t4.� rn 3 N s � g � u s � o — _ q N �y u � d , o'� W �J � 9 � o w � s o N > l .. y "� y �:; Q � " P � : d o y"'n c � . o y Q � ,4 U N Q ` V � � Y °' � � � N � W U � 4 � @ ` , Y , Z � , ` � � � � � Z o ' , W ` � � � , rQ 4 � = r _ � � " N z � , �c _ ` O ` ay �W-- fl ` \`�+ � ` � 'm � � 7 �� a � 2 �' -\\ O �- _ ` tt ` 2 n � o- y� , � a ` Z � !^ '' ' r Y W � � , 7 , ` , � - r o •- t� " ' N 4 � ,�,� \ � Z- j 1 � U U � ` ,7 W Q w , i Z Y '� .1 "j U U U U Z � o`. � � �i � r, N O % U U U Z � � � .. � � �� N Q Y Y `L � � N Z Z Z' � �. j '� C ` O � O, N U O � � . 2 ` � ° � y ` ` ��' ° - � � 3 .'.^�, "' > ° ? ' � y �- W �s � . i o Y _ w � CL � p � R �' N CL `..../ ' � 7 Y g � W O Z 2 " % M � �i � ' � Y F' �- O " `G '� � � a a y � m p O �n °" � 3 ' � o � . � . ' p p '^ O Y � o, O � r o 7 g" o , C y� :S '_6 Y N '� 'J 6 2 0 4 y z . ti ' '� - (SPAFF USE) PRO.TDCT NUMBIIt (s) : INZTZAL �TUDY 4�TIOLaiPsIRE COUNTY OF LOS AN�=�.FS � �j ("� - (''X'� �.(.� Z� Sta►sDju- �Mwae A . ��Ar• IL�'ORMATION Project Appiicant (Owaer ) : Pioject Repzesentative : 5"Pc-r�acry �) iPME3.�T M ►��KEr ASsccw-r+ cv�1 �1zln� .fT� ke�-c- � Pr.L�oC • :lar.te --� Name �575 s. vau�y v �srA �t�}��,�no.� c�� 9 , �Es 1 � qq r-a�c.waN c� , su �� � oo . Address Fdd�ess _ U1!}WUT' � C.A � IZB `� 714 - 39� - 0289 � 14 - 5�4- 5� 8 Phone P7uaioer Phone Ntm�e= �� 1 . Action r�uested arx3 project descri �tion : � � NOR_ l.Pn7D T7�V1SI,s� Z2 �OZ = pNlSl,c� 6� GWE Lrst' `Ta �o P�tc.E�_C i u G1i�A`I CoR.Wea-cE C�� z . s���t location of Pro� �t : 1575 S . �P.�'F VISiA �-�vC , piAn�._��_� 917�'` 3a . Ptesent use of site : 2 - STO2y GFFiCF �ul �Lvn�G 3b . Przvious use of site or structures : �IACt�N 'T� 4 . Please list a11 previous cases ( if any) zelated to tnis o=oject : tJ°� 5 . Otzer related oeunit�aporovals requi �ed . Soecify ty�z arr3 granting agency . N���= o . �re you planning future ohases oE t� is project ? /Y/ /N/ If yes explaiZ : 7 . ptoject acza : 8 . Niswer of floors : Z Covered 'uy scructures , ga��ing : J, rj � �G 9 . Preseat zoning : � M -S3� 'UC Landscaping , open s�ce : 2 ,__c3�� �, To � � .� �� : �f. 3 � 10 . itiat=c �nd sewer se�vice : Danestic Puulic ac2r ewers �?oes s2r '✓ ice exist .st site ? �Y /N/ � /N/ If yes , : o pur �✓eyors have capacity to �neec �emanci � /N/ /Y/ /N/ oE projecc anc all ot�er approved ��rojr�ts ? I � da�estic watec or puotic sewers sru not - sysilabl� , 'noc! :ai11 thesa services ae gcovideci? — ------- - - - - --- L _ - - / Residentzal projects : Ii . Kur.ss�e: sa3 tycr= o: units : • 12 . Schools : t�'nat scaool 3istrict ( s ) serves the property? Are existing scnool facilities adequate to meet �roject needs? /Y/ /N/ I £ not , what �rovisions will be r.�ade Por additional classroms ? Non-Residential ptojects : 13 . Distance to ne3�est residential use or sensitive use ( scnool , hospital , etc . ) d . 2 �J Mil.� 14 . Vur.�er anci £loot ar=_a of buildings : i5 . Ntnwer of eaployees and shifts : 16 . Kaximiun enployees per sniEt : 17 . Opecatina nours. 18 . Identify any : End products Waste products 21�ns of disposal 19 . Do oroject operations use , store oz otoduce iiazardo�ubs � nces suc`� as oi1 , �esticides , — ch�icals , [J311t5 � or radioactive aeat�rials ? /Y/ /N If yes , explain : Z0 . Do your operaCions raauira any pr=_ssUrized tanks7 /Y/ � If yes , ��cplain : 21 . IdentiEy any fle.nmable , * _active or expLosive mat�rials to oe locat� on- site _ �; 22 . '�,i11 delivery or s;�i �.-n., ent trucks travel tnrouqn rzsideatial ar2as to reac� the nearzst nignway? /Y/ / /N If yes , ex �lain : _ � _ " ' B . ENVIROCA�27TAL INFORMI�ITION � i , Envirorsnental Setting -- Project Site j a _ Existix t152;' S�IllCCL' Y ?S �� .�-ST��`� a�FtCrc 6U�L� CAJ Wc1'1' ��Z O� - �-- --- - ------- �'i4�di� ��T � -------- - b _ To�x;graa�,y,;slooes �-�- ��p� �{.��_ZpT _ 5U?� Q�r'A`{ !kT 2��-- - * : . Veger3tion -- - --_ --- - -- _ *3 . �ni,nals * c . :v2L_LC011ta25 E . :� l : sr�l ,/historicai caso�r �=s � 0�.1�' g . Otner 2 . Envirormental Setting -- Surroeu�ding Area � . Exis �ing usas :'structures ( tyges , densities ) : 5���7p �i„l.,r 1�RS4� U!� rs B�s ��ss _ �7Ft(UC , 1 Uti tT AUt� P�" r� 'two A�-ZFS . _ i7 . TOOOCJZ3q}�Vi sloces LEV�.L Rt.) 1�.�� �1G W}d.� f�NO SI,D'PC �C�AS - �. r *c . `I_wetation � c . ?,ni �ais * e . tVat=_rcourses i .. . Cultural �� istorical rasour�es IJONI_ _ g . Ot�er 3 . .?re t:ie *e anv �ajor trees on tze sit" i �clucii �g oak tr2�s� /Y/ /N/ IF :es , tj� and nu�wer : ! . :6i 't1 .sn� nat �z � l �aatarcourszs , sur �ace . low x - ` ns _ , etc , ;.z c:�angec .i� cuSn aroject 3ev�loFnent ? : /Y/ �N/ Y I � yes , exptain : � ;r.s;.e � s sra not : �uired : - �ie 3L ?3 •�C25 not �on �a: n nat•sr � ? , ;;ndev�.l ,�pe^ 1�nd . B . ENVIRODII�SENTAL INFORMATION (cont . ) 5 . Grading : Will the projec _ IE y=_s , how :�any tdiil it be require grading? /Y'/ � cuui ._ yar�s ? __ ^_ __� balancc�:3 on site? /Y� /N/ If oot ;�alanced , �aher= wi11 dirr be obtsilc-� or 3e�osited? 6 . Are there any identifiabie Landslide or otnez :�ajoz geologic hazar6s on ene pzoperty { inciuding unca;tpact�d fi11 ) ? /Y/ N/ If yes , explain : ___ 7 . Is tne ?rooeryv i�t2d wi ;ini� a hign �ire iazar:: area ( hiilsicies �.�i ��� noderat�Iy dens � vegetation ? /Y/ N Distance to nea [est L' ir� s �: cion : 'L M � (,� 8 . Nois2 - Existing noise sources � t sit� : F�,,�(�� voise to be aeneratEd 'ay project : rJpN� 9 . Ftuaes : cXiors generatrl by oroject : NnN� Cou1d toxic fc3nes be genezatz37 J�1 �% Z0 . W1zat energy-consarving designs or �aterisl :�i11 be used ? ��.��,.s� �trj �- '1L�� "('� hj�' _ CERTZEICATION : I hereby ceztify that the statenents furnished aLrove and in the attached exhibits pzesent the data and 'znfoIInation required foi this initia2 evaluation to the best of my ability , and that the facts , statenents , and infoxmation presented are true and cotrect to the best of my knowledge and belief . Date : � _ � �' - y'O ( ' g'naturej FOZ : eS 6Y'ri14,n/ �/ /J/N lr�J'�/%1 /� �L,�E'!'���5'"v ... - '� - SNITIAL STUDY 90 - 0041 3 . b . ) When the subject property is deveioped , there is substantial probability that the absorption rates will decrease and surface run - of2 will increase . 7 . a . l When the subject property is developed , there is su65tantial probabiiity that an ,y sight improvements will : include introduction of a structure ( s1 with reflective � lass . There will also be the introauction of ad� iiional lig' hting for parking facilities . 9 . a . l The potential const. ruction oY a structure which wiil house in excess oS five emplo .yees or shifts oY' emplo � ees will increase consumption of electricity and water resources as . well as natural �' as . 12 . a . ) The creation of joos on this si �' ht ma�� ircre :� se the demand on existins housin� in the communit ,y it' the emplo ,yees are relocating to this arsa . 13 . a . ) Depen� ir, g on the size aad nature of the deveiopment , a nro ,ject ma� prodi,tce a si3nificar_ t increase lin escess o 'r' 500 trips ) i � traffic neneration but this � s �znlikel ,v . b . f Development of this site will produce , a de �and for parkin�' facilities but this demand wi11 be provided on site . 1 � . a . ) R.efer to question .4 . a . b . ) The development oz any project will incr � ase the deman� on e � isting ener �' y sources and will not re ��uire .*. he develonment oY' new sources of e �er � y or pu 'olic i' acilities . - � - � Clty of Dfamond Bar fnitfaf Study Form � . 2I650 E.45T COPLEY DRIVE • SUIT'E 100 . Paga y � s i � �' � DIAMOND BAR. CA 919b5-4177 . : ,, 714860-2489 • FAX 714-860-3I17 , ` � j9� - :;:s:;-: � d����.s ;.t:i:` „;;�;<:� ,:�°k� �:�_ , � ���7'1 �'Q��l��i���.�'.rl����i�€S'E�=����`�.3''.�'--,-�.z�.'";�,,$`-"� .�.., � F a ., , ';�; : W-, s,�� ��>„�.,:, .�,. ..� ,5:'r� . i. Background: 1 . Nameof .ApPiicara: ST'EGrkL"'R/ � QGLif� Pn��,Li �t�-i2X„Ei" tY'.:t�.�z� p�c-� n�� 2. Address and Phone Numberof Proponent: � S`� � � , �/Aia,�� �1i57t} l� Q , � � A-r�at�li� t��v4� � GF4 9f�to _ '744 ?Q tn - �2S3Cj, 3. �la�my,�Adiir�s an Phone of Project ontact: t5 'i'� R2s�T & (kS�G��P�T�,S 1tG �k �A-iF� P:V � Sc.� � rc ic�a � a� wtu � �� i � ��7i41 Sq �, - Soo R � � � � 4. DaTe� of Envirortmental lnformation Submittai: }4� e� � lb � lqqo : A�� rriu�a.i_ i�:�� , i�. t . r �qn „ b..C�.. � Pr,� �, ecn- � re , 5. Date of Environmentai Checklist Submittal: 1k4K.tL 20 } i �140 6. Lsad Agency (Agency RequirinQ ChecSclistJ : Ct 'n! o� t� 1 �tMon10 F�R, � (.R NIA1 D PT 7 Natne ot Pro� posa! if appticabie { Tract No. ff 5ubdivision};- � � , ,�z.e.�� MA� 22Ioz -t�C�' . 3G(a"19 8, Related Appiications (under the authority of this emfronmental determination) : Yes No Vartanca: i,/ Condfclonat tlse Permit: �i�' ZDne Chenge : �,r Ganerai Pfan Amendment: _� (Aftach Campieted Environmenia! tnformaftori Farm) PHYLLIS E. PAP&'V • � - PAt1L V. HORCHE3 GARY H. WE8NE8 G.4RY G. MILLE?i IOHN A, FORBING ROBERT L. VAN NORT . ,_.._. . . . .. . . Mayor Pro Teat Counalmanber �. Coundlmemba � Cauncimem6a pty MauaBQ' � : � . . � - - "-_ ••,•....rt cn A4PE�' � � "- . - . e . . � CityofAiamandBarlaitla/ StudyForm � Paga 2 il. Environmentai impacis (Explanatfons and add7t1onal Informatton fo supplemeni alI 'yes" and 'possfbly" answers are requlred to be submlifed on attached sheefs) Yes No Possibiy � , Earth. Wili the proposat resuii In : a. Unstab(e earth conditions or changes in geologic subsiruciures? -�;� b. Disruptions, displacements, compaction or overcovering of the soii? �— c. Chartge in topography or ground surtace relief features? ' d. The destruction, covering o� modification of any unique geologic or physicaf feature? � e. Any increase in wind or water erosion of soiis, either on or off the site? � f. Changes in deposition, erosion of stream banks or land adjacent to startding water, changes in siltation, deposition or other processes which may modify the channe! of � constant or intermittenffy f(owmg water as weif as the areas surround+ng pertnanent or intermittent standing watef? g.: Exposure of peopte or property Yo geologic hazards such s earthquakes, landsiides, . / mudsUdes, ground faiiure, or similar hazards? V 2. Afr, Wttt the proposal resuli In: a. Substantiai air emissions or deterioration of ambient air quality? � b. The creation ot o6jectiona6le odors? _ /� c. Alterafion of air movement, moisture, or temperature, or any changes in ciimate, � either Iocally or regionally? 3. Water. Wili the proposa( resuif in: a. Changes in cuaents or the course or direction of water movements? �L�. � 6. Changes in absorption rates , drainage pattems, or ihe rate and amount of surtaCe run-off? c. Alterations of the course or flow of ftood waters? V d. Changes in the amount ot sudace water in any body of wafer? � e. Oischarge into surface waters, or in any alteration of surfaca water quality including but / not iimited to dissotved oxygen and turbidity? _L f, A(teration of the direcfion or rate of flow of ground waters? �_!G_ g. Change in the quaniity of ground walers, either through direct additions or withdrawais, � or through interception ot an aquifer by cuts or excavations? h. Su6stantia! reduCion in ihe amount of water othervvis2 avaiiabie for public water suppfies? t� i, Exposure of peopie or property to water related hazards such as fioodino? � � . � C!ry of Dlamand Har InINa! Study Form � Page 3 . Yes No Possibty 4. Pfani Life. Witi tFte proposal resuii in: a. Change in the diversity of species, or number of any species of ptants (including trees, shrubs> grass, crops, and aquat�c plartts)? � b. Reduction in the numbers of any unique rare or endangered species of ptants? � c. Reducfion in the size of sensifive habitat areas or pta�t communities which are recognized as sansitive? � d. Irttroduoiion oi new species of piants into an area, or in a harrier to the normai reptenishmertt of exisYing spec�es? . f J�G/_ e. Reductibn in aoreage of arty agriculiura! crop? _IL 5. Antma! Llte. Wlti the proposat resutt in: a. Change in the diversity of species, or number of any species of animals (btrds, lartd _ � / animals mcluding reptiles , fish and shei(fish, benthic organisms and insects)? _S,� b. Reduction in the num6ers of any unique rare or endangered species of animals? � c. introduciion of new species ot animais into an area, or in a barrier to the normat migration � or movemenY ot resident spec�es? d. Reduciion in size or deterioration in quatity ot existing fish or wildiife habitat? � ' 6. Hotse. Wtll the proposa! result In: a. Significant increasas in exisiing noise ievels ? �JL b. Exposure of people to severe noise (evels � 7. Light and GSare. VVtli the proposal resutt tn: � a. Sign'rficattt new light and glare or contrioufe significantly To existing levels of light and gfare? 8. Land Use. Witt the proposai res�it (n: � a. A su6stantiai alteration of the presani or planned tand use in an area? 9. Natural Resources. Wiit the proposal resutt in: � a. An increas2 in tfie rate of use of any natural resourcas? ] Q. Rlsk of Upset. Witl the proposal Involve: a. A risk of an explosiort or the rele3s2 of hazardous substances {inciuding 6ut not limited , � / to, oii, pesticides, chemicals or radiationj in the e�rent ot an acc�dent or upseY condition? _� b. Probable interference with an emergency response plan or an emergency evacuacion pian? � City of 0lamond Bar lnitla! Study Farm � � . - � Page 4 . 71 . Poputafton. Witt the proposal : Yes No posstbiy a. Aiter the iocation, distribution, densify, or growth rate of the human population ot an area? � i2. Housing. N/itl the proposai affeci: a. Existing housing, or create a demand for addftionai housing? � Y3. TrartsportaticNClrculatton. Wttl the proposal resuli tn: a. Generaiion of Substantiai additional vehicular movemeni? � b. Effects on existing parking facilities or demand for new paricinq? � c. Su6stantiai imgact on axisiing transporfation systems? � d. Atterations to presern pattems of circulation or movement of peopfe and goods. � e. Alteratio�s to wafertwme, raii or air trattic? j/� (. Increase in traffic hazards to motor vehicles, bieyciists or pedestrians? V 74. Pubiic Servtces. Wili ihe proposat: a. Have an eftacl apon, or resutt in the need for new or aliered govemmenfai services in any of the foUowing areas: 1 . Fire protection? � 2. Po (ice proteccion? � 3. Schools? �� 4. Parks or other recreationai faciiities? � 5. Mainienance of pubiic faciifties, including roads? 6. Other govemmentat s2rvicas? _� � 15. Energy. WUI the proposai resalt tn: a. Use of substaniiai amourt(s of !ue! or energy? � b. Substantiai increase in demand upon existing energy sources or require the development � of new sources of energy? 16. Utilities. WIII the proposai result in : a. A need for new systems, or Substantial alterations to public ufitities? � f � - Cliy of Qlamond Bar :n78a1 Stady Fwm � . , . Page 5 �. Yes No Possi6ty 17; Humao Health. Wtii the proposa! resuit in: a. Creafion of any health hazard or potential heaith hazard (exctuding mentai health)? _� b. Exposure of people to potential heaith hazards? V 18. AesiheYJcs. W11i the propasat result in: a. The ohstcvction of any scenic vista or view open to ihe pubJic, or wiil the proposai resulf in � fhe creatioa of an aestheticalty offensive sRe open to the public view? t9. Recreatlon. Wiii the proposai result tn: a. An impact upon the quality or quantity of existing recreaiiona( opportunities? � 20. Cutturat Resourc2s. Wttt the propasal result in: a. The alteration of or the destruction ot a prehisforic or historic archaeological site? _� b. Adversa physicat or aesthetic effecis to a prehistoric o� historic buiiding, stn�cture or object? _� c. Ik physicai change which wou(d affecf unique ethnic cuftural vafues? � - d. Restrictions on existing retigious or sacred uses within the potential impact area. � � � Cf.y of Ofamand Barin/tla! Study Form � Page 6 2y . Mandatory Findings ot Stgrtiffcanca? Yes No Possibly a. Does the �roposed projec3 have the potential to degrade the quaiiry of the environmenf, substantialiy reduce the hahitat of a f�sh or wild!'rfe speGes, cause a hsh or wildtife population to drop below seff sustaining levels, threaten to eliminate or significancry reduce. a piant or animai community, reduce the number or restrict the range of a rare or endangered plant or anima! or el3minate important examples of the major periods of CaLfornia history or prehistory? � b. Does fhe proposed project have the potential to achieve short-term, to the disadvantage of long-term, enviro�mentat goais? � c. Does the pro�osed project pose impacts which are individualiy lim8ed but cumulatively conside2bte . � d. Does ihe project pose environrrtentai effects which wiil cause substarrtial adverse effects on human beings, eifher �rectty or indirectiy? � Itl Qiscuss3on of Environmental Evaluation : (Attach Narrative) I Z L � tV. Determina2Eon: On the basts ot this Initfai evatuation: I find ihat the proposed project COU�D NOT have a signiticani effect on the environment, � and a NEGATNE OECLARATION wili be prepared. I find that aithough the proposed project couid have a significant effect on the environment, there witl not be a signrf�cartt effect in this case because ihe mitigatioa measures described � on the attached sheei have been incorporated into the proposed projeci. A MIT(GATED NEGATIVE DECLARATlON W1LL BE PREPARED. i find fhat the proposed project MAY have a significant effect on the environment, and an EyVlRONMENTAL IMPACT REPORT is required. —`� -� /,r/�� �' / (�c�j `�i�� � i Date : �` ! /�21� ��v ; � 1 l �� Signature: `-'`� in '� a %`� � =} , �..t'C l/:z-• � � /�, • ,1 i�,; � Title: /t55'iS'�"f��7',l /�-'�'iZ'.r. c�" 1�i�,�¢`i�lG' Forthe City of Diamond Sar, Galifomia �� ' '= First Amerrcan Title Cornpany of Los Ang�les ��T�a� GLENDALE, CALIFOR A 91 `�3 (928 ) 2=42-5800 • March 23 , ].990 - BRYAN A . STIRRAT & ASSOCIATES Our No . 9009814-51 . 1199 Fairway Drive , {�100 . Walnut , CA 9ll89 Your No . P • M • 22102 � . .� --. ��� : : c :�. : Robert Johnson � Enclosed is a copy of our Preliminary Parcel Map Report together with copies of supporting documents, five year tax history and Sarge scale assessor ' s map in connection with the above num6ered tentativp map . Sincerely > �� ' l '\ j .�- 1:�� , / � ! (Cy_ '.��,-�,�- '�-_� Mike Einstein Subdivision Title Officer ' �{ RS encls . cc : LA COUNTY ENGINEER SPECIALTY EQUIPMENT MARKET ASSOCS�ITES �� ��� � ��-�O`� F'rr.stAmerican �tle CompanyofLosAngeles 520 .North Central Avenue 6lendale , California 91203 ' t818 ? 242-5800 PR£LIMINARY PRRCEL MAi' REPQRT For the benefit of tbe Subdivide7• . the SubdiviGer ' s Engir. eer cr Surveyor , the County of Los Angeles , and any City within which the su6division is located . Order Na . : 9009814-51 Parcel Map No . : 22102 Date : March 6, 1990 at 7 : 30 a . m. A preliminary examination of those putriic records which , under the recording laws . i-mpart constructive notice of matters afFetting the � title to tfie land cavered by the tentative parcel map of Parcel Map No . 22242 prapared by BRYAN A. 5TIRRAT & ASSOCIATES and received by First American Title Company of Los Angeles on March 7 , 199U discloses that the parties whose signatures will be necessary , under the provisions af the Su6division Map Act , an the final parcel map af said land , are as set fortfi below. This report is furnished as an accommodation for the sale purpose of ! pre2iminary planning and PaciIitating comQ2iance �uith requirements necessary for the issuance of a Parcel Map 6uarantee . It is understood that our IiabiIity is soleIy that axpressed in such 6uarantee , and that no liability aeparate fram or other than v �r liability � nder said Guarantee is assumed by tfiis report . except that if no Guarantee is issued under this order , tAe amount paid for this report shall be the maximum liability of the Company . �i aM.��we 4g,�,H�y i �,��,Qr.m � � � =a�_ � Ma� cA .22 1990 �--, � � . r'���:.�'. "_ � ��.CO`� F'1rstAmerican �tle CompanyofLosAng�les ,. The map referred to her � in is a subdivision of : Lot 13. of Tract 39679, as per map recarded in Book 1083 Pages I4 through . 23 inc2usive af Maps , in the office vf the county recorder . of said county . 1 . The signature af the party named hereinafter wi21 be required as awner of the interest shuwn , pursuant to the provisions of 5ecticn 66436 of the Subdivision Map Act . Nature of Ztttereet : a fee. Owner : SPECSALTY EQVIPMENT MARU(ET ASSOCIATION , a Califorrti � corporatio :� . By document recarded : October 2S, 1988 as Instrument No , 88- 1739376. � 2. The sigttature of the party named hereinafter , owner of the interest set forth trelow may be omitted under tfie provisions af Section 66436 Subsectfan ( a > 3C of the Suhdivision Map Act . Nature of interest : aI2 ,�oil , gas � and other hydracarbons and minerals now or at any time hereafter situated tfierein and thereunder , to9ether with the exclusive right ta dri12 for , produce , extract , take and mine therefrom, such oil , gas and other hydracarbans and minerais , and to store the same upon the surface of said land , vr below the surface of said land , , together_ with the right to store upon the surface of said land , oil , gas and other hydrocarbons and minerals whicfi may be prad � ced from other land , with the right of entry thereon for said purpose5 . artd with the right ta construct � use , maintain , erect , repair , replace and remove thereon and therefrom a11 pipe lines , telephone and telegraph lines , tanks , machinery , 6uildings and other structures . which may be necessary and r ¢ quisite to carry on operation on said land , witfi the further riqht to erect , maintain , operate and remove a p2ant with. all necessary appurten � nces for the extractian of gasoline from gas . including all ri9ht necessary or canvenient thereto . Owner : TRANSAMERICA DEVEt_QPMEIJT 285. By documents recorded : March 29 , 1968 as Instrument Mo . 177b and , re —recorded June 19, 1969 in Boak D4407 Page 591 , Official - Records . . - ' �Q.[<nN< y�pQ{1 �IAH� i 'G < #I�'� f - ^ �Q yti �f�sso ��M �arcn dCi lYTV �.. _ . - _. �IFf"� ,.,. J�� . �` . . . . . � ' � . , ��-�'a.� Frrst Aineriean �tle Company ofLos Angeles r �" 3. The signature qf the party " named hereinafter, owner of tfle � irtterest set fortA. belom may be omitted under the provisions of � Section 6b436 Subsection Ca ) 3C of the3Subdivision Map Act . � Nature of interest : the surFace right to said land fior a � distance of not more tfian 500 feet in 1 depth , and nothing therein conlained shall in any way be canstrued to prevent , hindar or delay the free and unlimited � right to mine , drill , bore , aperate and ; remove frqm beneath the svrface of said 2and or 2ands . at any levei or 3evels 540 feet or mare 6elow the surPace of said land > for tfi =_ pvrpose of develepment er � removal of all oil , gas , minerals and other hydrocarbons situated therein ar thereunder , or producible ttterefrom. together with a22 ruatar necessary in connectian producible tfierefrom togeth.er with ail water necessary in connection witfl „ its dri2ling or mining operation % thereunder . i � Owner : T}�!E DIAMOlVll BAR DEVELOPNEIVT CORPQRATIOlY. a corporation , By documents recorded : �ctober 9, 1951 as Instr• ument No . 81 — 2 QQ45:,3. � 4 . The signature of the party named hereirtafter , � owner of tfie interest set forth belam may tre omitted undar the provisions of Section 66436 5ubsection ( a > 3C of tbe Suhdivision Map Act , Nature of interest : an aggregate of one —fourth of a21 oii . gas and casirtghead gas and other hydrocarbon substances and minerals in an , or under the surface of sai' d � premises , it being the intentian that eact� grantar thereby reserves in � severaity , a fractional part of said one — fourth corresponding exactly with the respective interests of the gr� ntars set fprth fol3ouring their names in the deed . Qwner : UPIIVERSITY OF REDLANDS , ET AL . By documents recorded : December 28 , 1950 in Bouk 35179, page 74, Official Ftecords . 5 . The signature af the party . named hereinafter , owner of the interest set forth belnw may be omitted under the prvvisions of 5ection 66436 Suhsection ta ) 3C of the SuDdivisior+ Map Act . Nature of interest : � II ci2 , gas and other hgdrocarbons and minerals now or at any time hereafter situated in said land or thereunder or producibie therefram, together wi � h the � - i � <O� `�yo � Q1cnry< 2 � �r� � A�:a <e,ssa '�� ` �e,h,�,��22t� � i990� <ik��� a � �: > . � ` ',tr "�` � , , � � - F'srstArnerican �tle CompanyofLosAng�les : ����.� • i freQ and unlimited right to mine , store , dri21 and bore beneath the surface of said . land at any lever or levels five hundred ( 50Q ) �feet or more belaw the surFace of said land , far the purpose of developing or removal of such substances . provided that the surface opening of such mell and all . other surface facilities sha12 be located on land other than that • destnitred herein and shall not penetrate any part ar portian of the above described real pro ¢ erty within five hundred ( 500 ) feet af the surface thereof . and all of the rights so to remove such substances are hereby specifically reserved , including the rigAt to drill far , produce and use water firom said rea2 property in connection with such operations . Owner : 7RANSAMERICA DEVELQPMEN? CQMPAf+IY. a corppretion , farmerly CAPITAL COMPANY. a corporation . By documents recorded : June 30. 1965 in Book D2959 Page 114 � Insturment No . 1027. 6 . 7he signature of the party named hereirtafter as owner of tfie interest set forth , may 6e amitted under the provisians of Sectian 66436, Subsection ta ) 3A ( I -VII ) of tfie Subdivision Map Act . Ctieir interest is sucfi that it cannot ripen into a fee title and said signature is not reqvired by the local agency . NatuTe of Interest : an easement for public utilities . Owner : THE COUNTY QF LOS AN6ELES. By document recorded : May 2i , 1976 as Instrument No . 3543, in Hook D7090 Page 227 , �ff3cisl Records . 7 . The signature af the party named hereinafter as owner oF the inEerest set forth , may tre omitted under the provisians of Section 66436 , Su6sectian Ca ) 3ALF -VIi ) of the Su6division Map Act , their interest is such that it cannot ripen into a � ee title and said signature is not required 6y the 2oca2 agency . Nature of interest : an easement for storm drain , and storm • drain ingress and egress . Owner : THE LOS AN6ELES COUNTY FLODD CONi'RQL DFSTRICT. By document recorded : as Tract 39679, in Book 1083 Pages 14 to 23 inclusive oF Maps , in the office of the county recorder of said county . 8 , The signature of one of the parties named below will be required as trustee or beneficiary under deed of trust . Recorded : July 7 , 1989 as Instrument tVo . 84- 1079038. �e,�„H� �°"�`""° : a � �a19 � � a�o �. , __�.* ,r� �, March ,22� 1940 M -� ' `� . �`r% . :� ��.r.CO�� F"rrstAmerican �tle Compalryofl;os .Ang�les Trustee : CHICA00 7I7LE INSURANCE COMPANY , a California corporation . Beneficiary : City Nationa2 Hank , a national banking associa� ioo . 9 . The signature of the party named hereinafter as omner of the intarest set farth , may be amitted under the provisions of Section bb43b, Subsection ( a ) 3A ( I -VII ) of the Svbdivision Map Act : their interest is 5UCF1 that it cannot ripen into a fee title and said signafiure is not required by the local agency . Nature of Interest : an easement far electrical and cammunication sqstems . ' Owner : 50UTHERN CALIFORNZA EDSSON COMPAI+fY, a carporation . By document recarded : November 22 , 1489 as Instrument No . 89- 1888924. 10 . It will be a req� irement af the Local Agency , in order to file the map �amed herein , that arrangements be made for bonding / payment of : a12 taxes , honds and assessments . 11 . The requirement that the Ccsmpany be provided with two ( 23 prints of the Final Map named herein approved by the Local Agency , in order that the Company may issue its 6aurantee for said Tract when called for by the Gity andlor County . Map Na . : 22102 . . ' F RST , AMERICAiV TITLE COP'iPANY Q� LQS AN6ELE5 V �/ V` � ��5�� "_ fMIKE EIM5TEIN, Title Officer ? q�tCwN < PN�; �'O 6 O ' � < .�.�3r�� T�o �� . _ _�. ���� � 22ioZ + DIAMOND BAR BUSINESS ASSOCIATES ��5 SJUTH FIGUEaOA STfiEET � LOS A�IGeLES. CnLIFOANIA 9M11 • �c�ECOPIEa :2' _� 628��208 � TELEPHONE i2131 628�062� �� Marcn 9 , 1990 f4r . Robert D . Johnson BRYAN A . STIRRAT & ASSOCIATES 1199 Fairway Drive Walnut , CA 9178 � Re : SEi9A Lot 13 - Tract No . 39n79 , Gater�ay Corporate Center Diamond Bar , CA Dear i�9r . Rouerts : We received your letter of i4arch 6 , 1990 , requesting approval of a tentative parcel map submission to the City of Diamond Bar , as well as a copy of Sneet 7 , tentative minor 7and division 22102 , dated February 28 , 1990 . Gateway Corporate Center approves the division of Lot 13 into two parcels . Very truiy yours , T�iE AR�IiTTECTURAL � OP4I+IITjEE /=`' f � � �js � / . � ''i ,.%� , / e �� ;/� % �;� � /� / B 3 ra . op ow , mber /;:' j ' SL . hra !, cc : 8yron Pinckert Ben Reiling Joan Smigel 77156 MAR 9 2 9i9 � BRYAN A. STIRF7AT 6 AS�OCIATE8 � � CONSULTING CIVIL AND ENVIRONMENTAL ENGINEERS � April 10, 1990 City of Diamond Bar Planning Department 21660 East Copley Drive Suite 190 Diamond Bar, California 91765 SUBJECT: OAK TREES Deaz Sir: This shall serve to notify you that no oak trees have been observed within the ' boundaries of the proposed Minor Land Division No. 22102. Sincerely, : �/ ob D. Johnson Chief Engineer , 1999 Fairway Orive • Wainut, CA 91783 • (714] 594-SOOB • FAX (794) 595-6222 �� �q� ��� L � l� °� �� L � � '� ��!/AT � f$ � ISTF$ fCT �' �i�� eoaqo oF oiRec'roRs: 271 South Brea Canyon Road a P . O . Box 508 �` Keith K. Gunn Walnut , California 91789-3002 � ( 71a) 595-7554 • (818) 964-6551 �,..p��(4�1�� � President PAX (714) 594-9532 . Election Oivision V � Etlwartl N . Layton Vice President � � Election oivision in Md �/ 29 � 1. 990 '�.. Willlam G. Wentworth . Vice President �� Election Division I John E. Fisher � Assistant Treasurer eie�ro� o���s�o� iv Mr . Robert Searcy RlchartlC. Engtlahl Assistant Director of Planning D1eo1or Cit of Diamond Bar Election Division II � Y 21660 E . Copley Dr . , Suite 190 sTAFF: Diamond Bar , CA 91765 Edmund M. Blederman - General Manager , . SeCfe1ary Re : Tentative Minor Land Division 22102 Norman R. Miyake �.. Tfeas��e� Dear Mr , Searcy : LEGAL COUNSEL: � H. JessSenecal A review of the referenced project presents no unusual � problem with serving water to the proposed subdivision . Water service has already been provided for the overall lot and separate service will have to be applied for when development occurs . Water service from one lot to another is specifically forbidden in our Rules and Regulations . Available water pressure at this lot is relatively low ( compared to District average pressures ) at 56 P . S . I . If you or the developer have any guestions regardinq this project please call the undersigned . Very truly yours , WALNUT VALLEY WATER DISTRICT �j,�� ��„� - BRYA�LEWIS Projects Administrator BL : an `7�''�w;� ' � ECElVED BO110 WADTE M1N�OEMEN �'I'!Y �I (1'' { ��� �1 LJ )`i l `� � T J'�1 3 � O 1 Y ✓ ! S � R � C T � ��... Il ' :;; 23 Fs1 I � 10 " `� ` '� � 'aNGcLEu COUNTY ' 1955 Workman Mill Roati , `Nhittier , C;1 9C5G1 - � 999 '� Mailing Address : P . O. 3ox 4998 , Whittier, C;a ?060 '- � 99P, CHARIES �N . CARRY Telephone : ( 213 ) 699- 74 i 7 , ; : 73 ) 085 - 5277 _i� iei cngineer and General Manoger �.. May 21, 1990 FIle No: 21-00.04-00 City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 Gentlemen: Variance No. 90•0054: Subdivision No. 90-0041 17te County Sanitation Di�tricts received Notices of Preparation of an Znizfal Study Repon for the subject projects on May 2 and May 11, 1990. The Sanitation Districts have no objection to the projects as proposed. The proposed developmenu are located within the jurisdictional boundaries of District No. 21. However, we offer the following comments: 1. All facilities in question either have adequate capacity to handte the eapected flow, or will be espanded in the future to meet the community's needs. 2. The Sanitation Districts are empowered by the Califomia Health and Safety Code to charge a fee for ' the privilege of connecting to the Sanitation Districts' Sewerage System. These connection fees are required to construct incremental eacpansions of the Sewetage System to accommodate the proposed projects which will mitigate the impact of these projeczs on the present Sewerage System. Payment of connection fees wi11 be required before permits to connect to the sewer are issued. If you have any further questions, piease contact the undetsigned at (213) 699-7411, eartension 2709. Very truly yours, Charies W. Carry � �� �� Kim M. Visser ' EngiLr . Technician Finane!.: ., , ,annsng & KMV7� Pzoperty Management Section L�EN VASSF5IEN VASS21N090 W54 LTR I _ ;� I � ► �+ -�c �—��� <vcoRrowz� NOT I CE OF PUBL I C HEAR I NG 79g9 The Cit Planning Commission wili conduct a public hearing on : AR Investments , Inc . - - Family Dining Restaurant designed with � r" ' maximum occupanay ofi 285 persons G on a 1ID4 , 700 square foot Iot located =° in Gateway Corporate Center at 21671 � .�r,; �� East Gateway , Center Drive , Diamond Bar ��` '� PM 90 - 0070 ��Y ~'�', �r p� uo-" e �F . � . � � �6tIENNY CENTFR GKIVE (C`l' ENViRONMENTAI DETERMlNATlON : PROJECT � Mitigated Negative Decfaration � LOCATION z VICINITY MAP OF PROJECT : o This case does not affect the zoning of surrounding property . Ifi you are unaBle to attend the public hearing , but wish to send written comments , please write to the City Planning Department at the address given below , Attention : Robert Searcv You may also obtain additional infiormation concerning this case by phoning the Planning Department at ( 714 ) 860 - 3195 . Materials for this case are also available at : Diamond Sar County Library 1061 South Grand Avenue � iamond Bar , CA 9t765 DATE OF HEARING : Auaust 13 1990 TIME OF HEARING : 7 • 00 p m LOCATION OF HEARING : Wainut Vailev School District 880 S . Lemon Ave . Wainut CA 91789 CASE MATERIALS AND ENVIRONMENTAL STUDY : Are available fior review during regular business hours at : City of Diamond B.ar Planning Department 21660 East Copiey Orive Diamond Bar , CA 9f7 & 5 Published in : San Gabrlel Tribune on Jufv 23 , 1990 ! nland Vallev Dailv Bulletin on Julv 23 , 1990 REISSUED FOR AUGUST 27 , 1990 AG�NDA NO . = _ = = = = = � v � � � � = = _ � py � = = = = - = = = = - - - - - = = = - - - = = = = = = - - - - - - - - - - o _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PLANNING COMMISSION AGENDA AEPORT - - - - - - - - - - - - - - - g - - - - - - - - - - - - - - - - - - _ _ _ _ _ P0 _ _ _ _ DATE : Au ust 7 , 1990 MEBTING DATE : August 13 , 1990 TO : Honorable Chairman and Planning Commission FROM : Iz- win Kaplan , Planning Commission Secretary SY' : Robext Searcy , Assistant Director of Planning SUBIECT : Environmental Assessment Conditional Use Permit , and Development Review 90 - 0070 : This application is a request for approval to construct a restaurant approximately 9000 sq . ft . with a capacity not to exceed 285 persons in Gateway Corporate Center . APPLICANT : A.R Investments 1135 S . Sunset St . West Covina . CA 91790 RECOhtA4EI3DAT I ON : Staff recommends thaY the Planning Commission consider all the data , input , and elements of the � nvironmental Assessment , Conditional Use Permit and Development Review 90 - Q� 070 and issue a Mitigated Negaiive Declaration and grant the C. onditional Use Permit ( CUP ) and Development Review as submitted revised . I . PROIECT AAID SITE DESCRIPTION : A . Reauested Action This application has been designed to conform with the design guidelines and criteria established within the Gateway Corporate Center Design Guidelines . The project has received the approval of the Gateway Corporate Center ' s ArchitecTural Review Board and participated in the First - STop Review prior to finat design and submission to the Planning Department . IS . ANALYSIS : A . Generai The restaurant is to be located on a parcel approximately 2 . 5 acres in size . The restaurant is to be located on the eastern portion of the site with landscaping and open space primarily integrated on the western elevation . The lot coverage with pavement and sYructures , comprises 44 percent of the total site while landscapirig and open space consume the remaining 55 percent of tlie site . With this configuration , the site cannot be subdivided into two lots under the current landscaping and l. ot coverage ( 50 per unif maximum ) standards imposed by the Gateway Design Guidelines . The restaurant would conYain 9065 sq . ft . of interior space and a maximum occupancy of 2m5 persons . The single story structure will offer a bar and lounge area of 1425 sq . ft . and a dining area ( 2340 sq . ft . ) large enough to accommodate 156 guests . A mezzanine level ( 437 sq . ft . ) is provided for guests to utilize in addition to the dining and lounge facilities . Access to this area is from the eastern portion of the restaurant by an exterior stair case . This mezzanine area is not proposed to provide seating and would be covered by a flame retardant tarp . B . Surrounding Land Use and Zoni. np. . Site - Zone C - � - BE - U / C ; Commercial Manufacturing Zone , Billboard Exclusion , Unilateral Contract : Vacant . graded 2 . 5 acre lot . Community Plan Designation Commercial . NORTHc Golden Springs Avenue and Pomona Freeway / Orange Freeway Interchange . EAST : Zone C - � - BE - U / C ; Developed with the Days Inn Hotel . SOUTH : Zone C - M - BE - U / C ; VacanY 13 acre parcel currently applying for 12 lots subdivision under application NO . 90 - 0052 . WEST : Zone C - M - BE - U / C ; Vacant parcel Community Plan Designation - Commercial Area . C . Site Characteristic : The site is approximately 2 . 5 acres in size . The pad has been graded to a size suitable for the construction of the restaurant on tYie southeasterly portion of the parcel . The northern portion of the parcel drops at a 2 : 1 ratio to Golden Springs Ave . and will be landscaped . The only trees currently on the site are pine trees that line the sidewalk along Yhe Gateway Drive boundary . The project site contains one 10 ' wide sanitary sewer easement that dissects the parcel along its northeast to southwest course . Additionally , there is an Edison easement on the southern property line and there are existing drainage aqueducts on the western portion of the parcel . D . Concerns Staff has reviewed the application via the First Stop review and subsequent revised design as currently presented . Issues and concerns identified are as follows : Compliance with development standards : Under the Gateway Design Guidelines , this project complies witl� the setback , lot coverage , height ( approximately 8m ' from bottom of retaining wall to ridgeline ) , parking , landscaping . si. gnage , and architectural deaign , features , and materials . 2 Traffic and internal circulation : A traffic report was not required as part of the appiication as this use i. s allowed as a matter of righY per the Gateway Design Guidelines . Internal circulation was reviewed by the City Engineer and the sheriff and fire departments . The concerns identified addressed the 26 ft . wide unobstructed driveway access from Gateway Center Drive and the ability to have access to the structure at a distance no further than 28 ft . away . These concerns have been adequately met . Liehtin : Lighting will be provided in the parking area as shown on the site plan . Additional lighting is [ o be provided along the access to the hotel and also ax� ound the perimeter of the rnezzanine acress . Si � na � e : Staff is not in accord with the project ' s use of banners and flags ( refer to sheet A - 2 ) as proposed by t: he applicant . The flags and banners would be located aUove the roof line and in the rear of the restaurant on the Wa11 facing Golden Springs Avenue . Parkin ¢ : The parking provided exceeds the required numUer of spaces by one . If needed by the applicant in the future , spaces can be added on the western portion of the parcel which is currently landscaped and open space . Comuatibilitv : The final EIR for Gateway Corporate Center i. denYified one restaurant as a planned use within the development . With the exception of the dining facilities at Days Hotel . no other restaurants are located within the complex nor are any projects of this type currently under review by the Planning Department . TII . FINDINGS OF FACT : In approving or conditionally approving a Development Review Application or Administrative Development Review Application , the City Council , the Planning Commission or Planning Director , as the case may be , shall make the following findings : A . The design and layout of the proposed development is consistent with the applicable elements of the City ' s general plan , design guidelines of the appropriate district . and any adopted architectural criteria for specialized area , such as designated hi. storic districtss theme areas , specific plans , community plans , boulevards , or planned developments ; B . The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments , and wi11 not create traffic or pedesfrian hazards ; 3 C . The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious , orderly and ati: ractive development conYempiated by this Chapter and the general plan of the City ; D . The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use o £ materials , texture and color that will remain aesthetical. ly appealing and will retain a reasonably adequate level of ' maintenance . E . The proposed developmenY will not be detrimental to the public health , safety or welfare or maYerially injurious to the properties or improvements in the vicinity . COAICLU� I ON : l . The application assumes that the mezzaninetpatio area will not be used by the public for dining or bar service . Although , it is physically separated from other public areas , it is reasonable to expect that this area would be available for public use at some time in the future . Accordingly . the Commission may wish either to require the provision of additional parking tapproximately II spaces ) at the present time or specify that the mezzanine area shall not be open to the public unless the additional parking is provided . 2 . The proposed improvements are located on the parcel i �i a manner which could allow a lot split at some iime in the future , although the Gateway Corporate Center guidelines currently in effecY would severely restrict additional development . Recognizing the possibility , however , the Commission may wish to condition approval of tkie restaurant on no further division of the parcel for the life of the restaurant . c : \ wpSO \ stffplan \ 900078 A ____ . �fi' � �� � '`�Q `� �-- 145 -- 90 � � I(� os. aa CI ?Y OE DSa`40VD F� ��2 �� ' DEP �RT�� E :IT Oe PL �Jt:fl :tG G �P i APPLICATION �� � • � � � ' DEPART+�.27T OF PLANNZNG ( 7Z4 ) 860 - 3195 � n,� iouow+�9 �.+rormu�o� �: �«e::�ry ro. m� rev�ew o( ACL aoo��eanons_ Faitu�e �a r����:e r�m.rt„da� H,:u e«av ,c,;o�. accau, exaa shee[: � ! neeessary. Ptease rcad �nstrue+on: care�u��y. e7ECOR0 OWNEa (51 1PP� IC.>NT APP�IC:+N7'S AGcN7 . (fnginee�, GcmxMSurvryor, Orhe� . and p/eas¢ �ndieatp i! mgineer ir a/zo an � agenU N,m� 7'�K IYIYCStVPI6Nt5 . IrdC, ,,,m� Cs�,e � v,m� -Cds Ard, �t-ect � As�. .am«�. U35 S, SuNs t t. aam�:: aaa,�:: � �31 w. C. ilk�t $� �- '.J1p c.�� WAS't �iovi�la c �v c. �� �N�Mto z;o ! 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Gracir.c � . w: ll tie proja= � I ` y2s , �cvr �� nv ;dii1 it be • - . zecu: re graci �c ? � ,�N% c��ui = yar �s ? _�'O t- - - - - �a1 � nc�� en sit= ? �/ /^7/ IF noc �a13nc�: � '.;�er = �ill e '_ zr La o:�t3 : �e�' ci d=ncs ' c__� . 6 - ��re tiete anv i �enti �iab2 �� lancslides oc ociier ;ajor geologic hazars on t=�e ?cocerti , ' ( ; �cludina unc�-;mcca: fi1L ) ? /Y/ �( Ic Ses . �srlazn : - - - - -- ---- - ----- - - 7 _ is t,z orocer •.r ; ocsre.: wi _� i � a 'ni �n : : _ a . ,a � _ _ . ._ ra� � � i ? isi}es � i� ;nocera � =_ ? .� c� �� ,: , ve� ec= ticr. ? /Y/ � Jistance _.. na, casc ^ � ir _ scstion = _ � 9 , Noise : cx : s � irr.� r.cix =_ cc- �_ s _ _ si � _ . _�����t/ayS -- -- - - . _ � � . _7 �IC1 �2 � '� :JP CZ ::� L3L� OV = CJ1ZC_ : � `+ �V�4 ^_ ` _ _ " .. n. . C'.�'�ES : • �xors �er.e�� �r� �y �CC � 2C� : ^_ _� ' _ � '� - - c �� _a c :, X : � . _.� s :,� ; z:,� - � � � - Na -- - - ' ,�,� " — ? 0 . N7�.a � ene. , •�-ccr.sc ;•: �. �c �� s : ar.s cr - - t _ c : � ; " �e �v� ' �� Wli1A�OWS DY! 50vw�SjL� �i�ade s�rvc�' vre ov� �ovtl� st'cle � o� boildi� a � yadi� pcv� be ov�. v,00f � a�c1 boufoie glazed wti�ows . C�'.�71' ;FSCATICAt : I hez �y c�ztify Ehat t�e stat�ents fuznisnz' above ar� in tt�.e attac:ied exnioits present t'�e dat� ar� informaticr, requirc�.' for this initial evalu� tion to the 'oest af my abi ! ity , ar� t_� t the facts , sat�nents , ar.d infozmztion DZ252tit�' are true ar� corzect to tne best of my knc«•Ze-ge and 1�' ieP . �zt� : r� M � � c��.. �'�--_��.__ __- - ( Sagnature ) Fa � : � �k��- P� — 9 . 95 � �� � � GlyofDlamondBarlrt7tlaf5trr Ponn 21660 EAS'T CQPLEY DRIVE • SUPTE I00 . Psps X ' . . ' '�- ` ' DIAMOND BAR, CA 91765-4!?7 �a, 9�4-86Q-?a89 • FAX 714-860.3117 � ' . . � • . . . , . . . . „ � . L Background: 1 . Name of.ApAParant: �k ���`(�M �'[� Ir - , 2. Address an Ph ne Numb r of P poner�t: "P-El-4 5 .� .� - - � -rH - - - o . 3. Na e Ad ress and haae of ro�ect Maci: �afkML= 4. Dateof Emironmentat Infartnation Sa6mittal: —�� G � 5. Date qf Er�v ronmenta! Chectclist Su6mittalc _ � t� �,I�! g O - - 6. Lea Agency (Agert�y R� equir�'aq Ch ): � isku�ntiin 1`.�AQ. � .:t-rt( 11�� �'f- - - - _ 7: Name of Pro sal if a pGcabte ( Tract o. if Suhdivision): . . ._ _ , --- _ _. � _ �. �mt�°s ��s-s-�t .1�-r` �i o - oo �o _ - . - — 8. flelated Apptications (under the authority of this ernironmental determfnationj: Yes i�o VaHanca: • � Cartd(tfortal Us2 Aermtt: � / � Zane Ct►ange: i'` Generai Plan Amendmerrt: � • � - . - _ (Attach Complefed Emlrorrmental �nformatton Farm) . aiiYLLLi E PAPEN.•�'PAUL Y �FiORCF$'�8 C,ARY H. R'ERNEB GARY Ci. MILLER JOHN A. FORBING RQBER? L VAN N�RT � . .::.. . unwr Pto Tcm . � Couaalmem6a '. Crn�no7manbq� Cauaaimember CS19 Maas� ;::.. � . - .' , . . ., . . - - , - _..,. . - _ ,tk:�.: :� - . _ -...:-...=� ;, .� � � � . � C/ry cfD/amoad BarlNNd Smdy Fosm . ��. . . _ . . . . � , . . � - . � . � Pape 3 '. il. Environmentai impactse (Explanailons and addttlonai lnformatlon to sopplement ali 'yres" and posslbly" answers are requlred to be sabmltfed on attached sheets) . , y�q No Posstbty Y. Earth. VYfli fhe proposal result In: a_ Unsiabie earth conditions or changes in geologic substructures? _� b. Disruptions, dispiacemerds, compaction or overcovedng of the soit? � _� a Change in topography or ground sudace relPef features? � d. The dest�uCion, covering or mod�cation of any enique gealogic or physical feature? � e. Arry increase in wind or water erosion of soils, either on or off the site? � - t. Changes lrt deposition, erosion. of siream banks orland adjacent to standing water, changes in siita2ron, deposition or other procasses which may modffy the channel of cor�s2artt or inTermiitently flowing water as weli as the areas surrounding permanern � or intermiifertt standing water? g.: Ezposnfa of peopie or property to geologic hazards such s eaethquakes, landsiides, � muds6des, ground faiture, or similar hazards? 2 A(r. Wtll ihe proposal resutt In: a Substarrtiaf air emissions or deterioratiort of am6ieM air qualiry? - = � b. The crea8on of objectionabte odors? � c. Alteratiort af air mavemeM, moisiure, or temperature, or any changes in climate, either bca�(y or regionaily? /" v 3. Water. Nlil! the proposai resuft tn: • - _ _ - - -_. _ _ _ - _ _ _ ' _ _ _ -. _ _ . _ - - -=— - _ _ __ _ __ _ _— a Changes in carrents or the course or direciion of water movemerrts? b_ Changes in ahsorption rates, drainage pattems, or the rate and amount of sudace rurt-ofi? � c. Alteraticns of the course or fiow of f(ood wa#ers? V d. Changes in the amouM of surface water in any 6ody of wate�? ✓ e. Discharge into surface wafers, or in any alteration of surfaca water quailiy including bui not �mited tn �sso(ved oxygen and turbidity? � f. AtteraGon of the direcfion or rate of fiow of ground waters? _.JG_ g. Ghange (n the quarrtity of grourtd waters, either through direcY additions or withdrawais, � or througi� irrterespt�on of an aquiter by cufs or excavaiwns? h. Substanttal reducfiort in the amourrt of water ofhenvise avaiiabie for puhlic water suppiies? _� i. Exposure of people or properiy io water related hazards such as flooding? ✓ � _- r...� r . . . . . _ . . � . . . . . . . � . - GryofDlamond8arinitla/ StudyFamr . : Paga 3 Yes NO Ppssibly 4. PIaM Llfe. WItI tfie propasai result In: , . a. Change in the diversiry ei species, or num6er of any species of piarrts (tncluding trees. shrubs, grass, crops, and aquafic pfantsj? _� b. Reduction in the numbers of arry unlque rare or endangered species of ptants? � _� c. ReduCion in the size of sensitfve ha6itat areas orpiant communitfes which are recagnlzed as sensitive? a / d. Irttroduction of naw species of ptarrts irrto an area, or in a barr3er to the normal reple�ishment of existing species? � e. Reduciion in acreage of ar�y agriafhirat crop? '� 5. Aetmai Llfe. W((1 the proposai resuR !n: a Change in fhe diversitv of species, or number of any� species of animats (birds, land � animats inciudng reptites, fish and shelifish, benthic organisms and insecis)? b. Reductiort in the num6ers of any unique rare or eadangered species of animals? �l c. introducUon of new species of animafs irto an area, or in a baaier to fhe normat migratiort � or movement of residerrt species? d. ReducKion in s¢e ordeterioraUon in quaiity of existing fish orwitdtife haGitat? �� 6. Notse. Wttt the proposal resati In: a Sign�cant increases in ezisting noise tevels? ,�� 6. Euposure ot peopie fo severe noise tevels _� _ _ _ _ _ _. _ _ _ - - - - . — °_. -__ _ _ _ . . __ _--- -- -- _= _ _:—=_ - . Z LIgM and Gfare. Witt the praposa! result fn: a Sign�cant new tight and glare or carrtnbute signiticantly to existing levels of light and glare? _J�, 8. Land Use. Wlil the propasa! resutt tn: a. A substarttial al[eration of the preser�t or piartrted land ase i� an area? � 9. Natarai ResourceS. Wttt the proposal resuit (n; � a. An increase In ihe rate of use of any natural resources? 1D. Rtsk o! Upsei. Wfit the praposa! (nvodve: a A risk oi an exptosiort orthe release of fiazardous su6stances (inciuding but nof limited � fo, oit, pesiicides, chemicals or radiationj in the everrt of an accident ar upset condition? b. ProbabJe irtterferenca with an emergency respanse plan or an emergency evaa�ation pian? _j,G - '��- � � . � . . - ClryofDfamqodBsrWtla/ 3ludyposm �� . � . Page 4 �. Yes No Passmly 1y . Poputattan. Wtli the proposal: : ' / // a Aiter Ute location, �stn'bution, dens�ty, or growth rate of the human population of an area? �. ,;Y,� " 12. Housing. N►IN the proposal affeci: a. Existing housing, or czeafe a demand for additional housing? - v - - - - t3. TranspoctatioNCtrculatlon. WiU the proposat resuit !n: aGerteration of Subsiarrtiai additionat vehicuiar movement? � �/ b. Etfects on ex;sting parking taciiiiies or demand for new parking? i ' c. Substantial impact on existinq transportation systems? � d. Atteratiorts to preseru pattems of circulation or movement of peogie and gaods. � e. Rtteratiorts io watecbome, raii or air Uaffic? �1�. f. tncrease in traffic hazazds to motor vefiictes, bicyclists or pedesfians? � I � 14. Fubitc Servtces. Wiil the proposah . : a. Have an e#ett upon, or resuft in the need for new or aitered govemmen3ai servicas in any of the foitowing areas: 1 . Fire protecfion? � 2. Poiice protecifon? �IL 3. Sctwots? � _ _ — -- - - - . . _. _ ___ _ _._ � ___ _ _ _ - - _ . -- -- 4. Parks or other recreatiorial fac7Ges? ' _ - - -" 5. MaiMenanca of public faaT[ties, inciudirtg roads? : ✓ 6. Other govemmentaf sarvices? �L 15. Energy. Wiil the proposai resuti in: � � a. Use ot sutstaptFai amounLs of fue! or energy? b. Substarttial increas2 in demand upon existing energy saurcas or require the developmeM � of new sources oi anergy? i&. Ut!lftles. Wlli ihe proposat resutt tn: a A need ior new systems, or Substantia� alterations to pubiic utitities? _ . / —�-- . . ' _ , � . � � ClryofD/amorld8ar:nitlslSwdyForm' : . . � � Page 5 : Yes No Poss�ty t7. Human kteaiih. Vtlill !he proposai resatt tn: , • • a Creation of any heaith hazard or potemial heaith hazard (excluding merdal healthj? �, b. Exposure of peopte to poterttiai heaith hazards? � 18: Aesthettcs. WIt1 the proposai resuft In: _ a. The o6siniCion of any scenic vista or view open io the pnbiiq or wit( the proposai resuR in � the creafion of an aestheticafty oHensive site opert to the pu6lic view? 19. RecreaUoR. Wil! the proposa( resutt fn: a An impaci upon the quaGty or quaMity of existirtg recreatiooa! opporiuniites? �/ 20. Culturat Resourc�s. Nlttl the proposal resalt ln: • a The afteraiton of or the destrucfion of a prehistoric or histodc arcfiseotogical site? L� b. Adverse physical ar aesihetic ettects to a prehistoric or histadc buiiding, structure or object? _� c. /t physicai change which wo�S►d affect unique eihnic cutturai values? � ud. Restricitons on existing religious or sacred uses wiihia ihe poternial impaci area. ' � - � � � CJ.y nf D/amand Barin(tlal Sardy Fcrm . Pago g 21 . Mandatory Findtngs of Stgntttcancs? . Y� No poss�6fy a. Does the proposed project have thepo teMiai to degrade the qua7�ty of the ernironment, su6stantiafty reduca tfie habitat of a fish or wildlife speaes, cause a ftsh or v�nidtife�popula�ion to drop betow self sustainir� levefs, Uueaten to eliminate or significaoUy reduce a ptant or animai commumty, reduce the number or restrict the range of a rare or endangered piarrt or animal or eliminate impodarrt � exampies oithe major periods of Caiifomia history ar prehistory? - b. Does the proposed projecf have the potentia! to achieve short-term, to the disadvaMage y . of Iang-term, environmentat goais? - / _.j,� c. Qoes the pro�osed project pose impacfs which are irxl'+viduaily limited buf cumutativety � considerabie . d. Does t#�e projeci pose environmerttal ettects which wiU cause substar�tial adverse � effects on human beings, eiihe� direcUy or indirectty? ii! Discussion of Environmenfa! Evaluation: _ - - - - - - (Attach Narrattve} - . N. Detertninattort: _ _. _ _ _ _ _ — - _ _ _— __- - - - --.,- - _ _ Qn the basis af this 1nittai evatuatia�: _ . - - ._, __- _--___. _ t find ihat ihe proposed pro'ect COULp NOT have a si4nificani effeci on the environment, ' and a NEGATtVE DEC�RA710N wiii be prepared. I find that atfhough the praposed projec! could fiave a signi�carrt ei�ec3 on the environment, there wilt not be a signh�car�! eifed in this case because the miitgation measures descdbed� on the attached shest have besn incorporated irtto ihe proposed projecf. A MITiGA7ED NEGATIVE DECLARATiON WItL 8E PREPARED. ! find thai the proposed projecf MAY have a sigttittcant effecf on ihe ernironmenf, a�d an - _ Ei�lVtRONMF.NTAL lMPACT REFORT is required. � Date: �J / � � Signature• 7� Title• S�s ,�-� r � Por the Ciry of Diamond Sar, C ' mia CONDITIONAL USE PERMIT CASEBUHDEN OF PHOOF SEC. 22.56.040 � In addittbn to the Information requi�ed io the applicatfon, the applican't shall su6stantiate to the � � satlsfact(on of the Zoniag Board end/or Commissloq the lollowing lactr. �. A. Thet the requestad use at the locatfon proposed will not: 1 . Adversely af�ect the health, peace, comtort or welfare ol perwns resid)ng or working in ihe wrrounding area, at �. 2. 8e materially detrimental m the use, enjoymenl or valuation o( propeny of � . other persons located in tha viciniry ol tha site, or '� - 3. Jeopardlze, endanger or otherwise constiW�e a menace m the puh0c health, '� safety or gernral welfare. '� ihe vr�vosal of a IZesta�vaht oa ��+is s�t� ' �ee�s .,i .� tl�P �videlivtea set ua by tlne Cc � 's o t Co Nc � a lo d S�1 a j - g {U �. of ex�stina avtd �f;�rP Cow+vtte�-� ia ( 6uild�ria,r U . . _ _ . - - _. �- 8 . Thet tfie proposed si(e is adequate in size and shepe ta accammodate the yards, , walls, tencas, parking and Ioading facillties, landscaping and other developmenl features prescribed In ttiis Tltfe 22, or as iz otherwise requ'rred irf order to 'rntegrate said use with tha uses in the surroundfng area. `(�te pvaPose:l �2s�'a�vaa,� a�nd �'ark�Ka area av�- se_E�baak fv'owi a!1 brocev�hy �1�as t�ami^ed 4te CG— S a—� Cov s � ° � e sr�e C. That the proposed sl�e is adaquately �rved: 1 . By bigbways or meets ol suFficient wid(h and Improved as necessary to carry the kind and quantity of lra(fic such use woufd generate, and 2. By other pu6lic or priva�e service lacitities as are requfred. (>o(_ d�r�ryA.f �rive a�d 6v'a�d f}✓�tave trovic� ac�css o cl o e i'Caua � �+�im 6a�aU Cec�� �r�vs er��' dCeecs o '�se �'� . � a B<A wt �� c�l/ry . . �C'G W16Y� '�aN �EAVa� U o�GtN I�'dfl"/O u h t�t 6 �Izs�aov � , � ;' � ' ' � l' 1 ;a � �� � � LEGAL DESCRIPTION � � � A PO1cI'ION OF L,CYP 4 AS PER TRACP MAP NUMBER 39679 IN THE ' � CITY OF DIAMOND BAR, COiJN2'Y OF LOS ANGELES , STATE OF � CALIEbRNIA, AS PER RE�RDED IN BOOFC 1083 PAGES 14 - 21 OF TRACP MAPS IN Tf� OE'FICE OF THE COUNTY RECORDER OF SAID COiINTY. ASSEMBIY OCCUPANT LOAD PROPOSEO MINIMUM' DETERMINED• ' AREA USE OCCUPANT OCCUPANT OCCUPANT IOAD LOAp COAD A LOUNGE 95 R ' �IS B RECEPTION , IS 13 - 15� TIOLETS AND OFFICES C KITCHEN 11 C � ! l D DINING 56 p - S�i E STORAGE 5 �. � � F DINING / 100 BANQUET F _ /a O MECHANICAL 3 ` f't'te >4o� oca — 3 �RO►OSED � �� OCCUMNT LOAD Z S S '� MINIMUM OCCUPANT LOA4 � � FOR DEtIGN ►UR►OtES� . tOTAL ATSEMBLY OCCU ►AN7 LOAD � � � � DE7ERMINED BY CDUM7Y ENGlNEEp • 'To be compieted by Department of Pubtic Works-Building & Satety. 7he submitted plans have been reviewed and� ihe assembly occupant load determined as indicated above. This determination is for proposed parking requiremenu anly and does nat exempt the Applicant from Compliance with � any ptancheck, permit or inspecfion requirements under County Ordinance, DETERMtNATiON OF ASSEMBlY OCCUPANT LOAD - PARKING — TYPE OF OCCUPANCY " 3 IS - 2. DISTRICT OFFICE STAMP � tT'"!'1 � �= L� l ;� P�;4 .n.� t' .liJ � ?� i•i ASSEMBLY OCCllPANT LOAD g � T�ty�" ���3�� •ai�!_ �`'s'i �SiL�'i n3P.:= �� ;:�+ y,d' � �a7 � �j e � _ + s u .t:�•�+ BYIPRINTNAME) � � � rve' �SE' t '[NE ;���;iG`v;� t, f�F i=it;5c ^LJ�, PJS . 9HFf�l, P! OT � < C�tvS:ErE3�t� T3 HE ;'� SIGIUATURE l3JLv F�€3�1�'F Fvt� .kt�F'4' V9J'+_tt' TtC3(ti G'F P1IV'r CO.U� � : Kti� t 'lNC�. ��- THIS CiT`! . DATE � �Y _ _�j 6ate S "� // -� �U R�tum on� wpy of this apxd form �nd one Exhibit A to RepEoIyGpE.I�K�e gy,-� ;_L �� C�.� 7F; _ fpU �g.5 G � • I 'F��\ JL fiEQl1�S i G ,' :i;� 'r7"C7 '�i�i :: . ��T V�` �V� �, 1� � �' '�� � L � `Y '�61��' � � � s ��' � 1 ��' �Q'' ,�°� �..`�� eoaao o� ott�EcroRs: 271 Souih Srea Canyon Road � P . O. Box 508 ~ ' '�A U Keith K. Gunn Wainut, Caiifornia 91789-3002 • (714) 595-7554 � (818) 964-6551 � CR `p,s�(@e Presitlent FAX 714 594-9532 Eleolion Division V � � EdwardN. Layron April 1 � � 1990 Vice President � EIBCtian Division III William G. Wentworth � v�oePresident Mr . Robert Searcy Election o���sm� i Assistant Director of Planning John E. Fisher City Of Diamond Bat Assisiant Treasurer . �� Eae�ua� o;��s�o„ iv 21660 E . Copley Drive , Suite 100 Rtchard Q Engdah! Diamond Bax' � CA 91765 - 4177 � Director Electian Division II �� Re : Dr . Omar Restaurant & sTnFF: Marriott ( Fairfield Znn ) Etlmund M , Bietlerman G�ecaralManager Dear LVIY , SedTCy : S retary Norman R. Mtyake � r�eas��e, Our office has reviewed the plans for the two above LEGALCOUNSEL: CdjJt10122C2 projects , Your attention should be drawn to �� H. Jess se�ec�i a previous letter we sent regarc3zng the Marriott Hotel : Project . The plans for the restaurant in the Gateway Corporate Project show no unusual problem in serving both domestic and fire flow requirements , The developers in both cases will need only to contact the District at the time of their need for water ' service in order to begin any design .or invoicing according to our fee schedules , Walnut Valley Water District requires the installation or reduced pressute principle backflow prevention devices downstream of any domestic water service , and the installation of above ground , epoxy lined , double detector check valve downstream of a fire line stub- out to a propetty . Under the check list for the Marriott Hotel we would contend that item # 9A should iae checked " yes " due to the large increase of water and power usage compared to the previous use . Tf you should have any questions please give me a call . Very truly yours , WALNUT VALLEY WATER DISTRICT ��'� G�� ;��GU�-- BRYAN LEWIS Projects Administrator HL ; an cc : Ted James Stelzner , AIA Ken Spear , Cahan / Crisell Properties �.�U7 v`�< ��ll.a� �. � � �' '�� L � � �' '���' � � � � ��' � 1 ��' �P •.�.°�: .�.4R`,� BOARD OF DIRECTORS: 271 SOtltft BlEB C8�yOt1 ROad � P . O . BOX 508 V � Keiih K. Gunn Walnut , Caiifornia 91789-3002 � (714) 595-7554 w (818) 964-6551 � �� w -(�, President FAX 714 594-9532 � p15 EVection Oivision V � � �� Edwartl 'N. Layton Vice Presideni May 30 , � I990 Election Division ill � William G. Wentworth �� Vice President Electlon Divisian I John E, Fisher � Assistant Treasurer � e�e�uo� o���s�o„ iv Mr . Robert Searcy RichardC. Engdahl Assistant Planning Director .. o1fe0'°` City of Diamond Bar Election Division II : 21660 E . Copley Dr . , Suite 19Q sTaFF: Diamond Bar , CA 91765 EAmund M. Biederman �� GeneralManager Re ; Dr . Omar ' s Restaurant Com lex ' Secretary P Norman R. Miyake _ r,eas��e� Dear Mr . Searcy : LEGA� COUNSE�: � H. Jesssenecal A review of the site plan for the above referenced �. project has revealed no unusual problems in providing the project with water for either domestic or fire protection purposes , However , the developer should be made aware of the possible need to relocate a fire hydrant and metered service due to the proposed location of the driveway . Field measurements and a survey of the driveway location will .be necessary to determine the actual costs involved in relocating these facilities , The developer should also contact the District to get information on the backflow prevention devices � required for the site . If you have any questions please give me a call . Very truly yours , WALNUT VALLEY WATER DISTRICT �� �i/JpvYLirZ��iU �3_" BRYAN LEWIS Projects Administrator BL : an cc : Ted James Stelzner , AIA i i is � � `°t"9'"`� NOT I CE OF PUBL 1 C HEAR I NG 89 - 440 The City Planning Commission will conduct a pubiic hearing on : A request for a Zone Change firom M - 1 ( Light Manufacturing ) to C - 1 LY� t �Gt' ( Restricted Commercial ) and a tD Oevelopment Agreement to ailow a 135 Dt room hotel with a confierence room , a 5 , 000 square foot restaurant , three � retail structures totalling L approximately 25 , 0041 square teet , and f 'rve ( 5 ) fireestanding signs with a � height in excess of six ( 6 ) feet . S� � • ENVIRONMENTAL DETERM � NATION : _ � � F� Mitigated Negative Declaration VtCiNITY MAP OF PROJECT : This case does not afifiect the zoning of surrounding property . IP you are unable to attend the public hearing , but wish to send written comments , please write to the City- Planning Department at the address given below , Attention : Rober't Searcy You may also obtain additional information concerning this case by phoning the Planning Department at ( 714 > 860 - 3195 . Materials for this case are also available at : Diamond Bar County Library 1ID61 South Grand Avenue Diamond Bar , CA 91765 DATE OF HEARING : Auaust 13 i990 TIME OF HEARING : 7 • 00 p . m . LOCATION OF HEARING : Walnut Vallev School Dlstrict 880 S . Lemon Ave . Walnut CA 91789 CASE MATERIALS AND ENVIRONMENTAL S7UDY : Are available for review during regular business hours at : City of Diamond 8ar Planning Department 21660 East Copiey Drive Diamond Bar , CA 91765 Published in : San Gabriei Tribuhe on Auaust 3 , 199ID Inland Vallev Daily Bulletin on Auaust 3 , 1990 Recorded At the Request Of And When Recorded Mail To : Lynda Burgess City Clerk ; City of Diamond Bar 21660 East Copley Drive , Suite 100 Diamond Bar , California 91765 DEVELOPMENT AGREEMENT NO . 1 ( 1990 ) CONCERNING PROPERTY LOCATED AT TAE NORTHEAST CORNER OF BREA CANYON ROAD AND THE ROUTE 60 ( POMONA ) FREEWAY � DSAMOND BAR � CALIEORNIA THIS AGREEMENT is made and entered into as of the " Effective Date " set forth herein by and between LOUIS MARCELLIN ( " Developer " ) and the CITY OF DIAMOND BAR , a municipal corporation organized and existing under the laws of the State of California ( " City " ) . W I T N E S 8 E T H • A . Recitals . ( ij California Government Code Sections 65864 , et seq . authorize cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property . ( ii ) Developer owns all interest in and to that real property located entirely within City , the common and legal description of which is set forth in Exhibit " A , " attached hereto and incorporated herein by this reference and hereinafter is referred to as " the Site . " ( iii ) The Site is now zoned C- 1 ( Restricted Commercial ) pursuant to the provisions of City ' s Zoning Ordinance and Zoning Map , as amended to date hereof . Developer and City desire to provide through this Development Agreement more specific development controls on the Site which will provide for maximum efficient utilization of the Site in accordance with sound planning principles . ( iv ) On , 1990 , City adopted its Ordinance No . ( 1990 ) , thereby approving this Development Agreement with Developer and said Ordinance was effective on , 1990 . 1 B . Aareement . NOW , THEREFORE , the parties hereto agree as follows : l . Definitions . In this Agreement , unless the context otherwise requires , the followinq terms shall have the following meaninq : a . " City " is the City of Diamond Bar . b . " Developer " is LOUIS MARCELLIN . c . " Development Plan " are those plans and specifications attached hereto , marked as Exhibit " B " and incorporated herein by this reference , and comprised of the documents including , but not limited to , a final site plan ( including design elevations ) , sign plan and site utilization map , stamped " Received , August 6 , 1990 . " The Development Plan attached hereto includes various conditions of approval set forth in Exhibit " C " hereto which are not changed , altered or modified by this Development Agreement unless specifically set forth herein . The project also includes the records of applications by Developer , the proceedings before the Planning Commission and City Council , and all such records and files in these matters are incorporated herein by this reference as though set forth in full . d . " Project " is that development approved for the Site as provided in this Development Agreement comprised of a three ( 3 ) story hotel , restaurant and retail uses , all as reflected in the Development Plan attached hereto as Exhibit " B " and the conditions set forth in Exhibit nC , n e . " Effective Date " shall mean the 31st calendar day following adoption of the ordinance approving this Agreement by City ' s City Council . 2 . Recitals . The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Aqreement . 3 . Interest of Propertv Owner . Developer warrants and represents that it has full legal title to the Site , that it has full legal riqht to enter into this Agreement and that the persons executing this Agreement on behalf of Developer have been duly authorized to do so . 2 4 . Bindina Effect of Aareement . Developer hereby subjects the Project and the land described in Exhibit "A" hereto to the covenants , reservations and restrictions as set forth in this Agreement . The City and the Developer hereby declare their specific intent that the covenants , reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Developer ' s successors and assigns in title or interest to the Project . Each and every contract , deed or other instrument hereinafter executed , covering or conveying the Project or any portion thereof shall conclusively be held to have been executed , delivered and ' accepted subject to the covenants , reservations and restrictions expressed in this Agreement , regardless of whether such covenants , reservations and restrictions are set forth in such contract , deed or other instrument . City and Developer hereby declare their understanding and intent that the burden of the covenants , reservations and restrictions set forth herein touch and concern the land in that the Developer ' s legal interest in the Project is rendered less valuable thereby . The City and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Development by Developer and the future occupants of the Project , the intended beneficiaries of such covenants , reservations and restrictions , and by furthering the public purposes for which this Agreement is adopted . Further , the parties hereto agree that such covenants , reservations and restrictions benefit all other real property located in the City of Diamond Bar . 5 . Relationshin of Parties . It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever . 6 . Term of Aareement . The term of the Agreement shall commence on the effective date and shall expire on December 31 , 2016 , so long as Developer remains in material compliance with this Agreement , as from time to time amended . 7 . Construction . Developer shall complete construction work for the Project on the Site , and all phases thereof , including , but not limited to , landscaping and all off -site improvements , pursuant to a building permit or permits issued by City within two ( 2 ) years following the effective date . Notwithstanding any other term or provision of this Agreement , Developer shall complete rough grading of the Site , in accordance with approved grading plans , within forty- five ( 45 ) days of the effective date . 3 8 . Assianment . Developer shall have the right to sell , mortgage , hypothecate , assign or transfer all or any portion of this Site ( as may be subsequently subdivided ) , to any person or entity at any time during the term of this Development Agreement . Any such transfer shall be deemed to include an assignment of all rights , duties and obligations created by this Development Agreement with respect to all or any portion of the Site . The assumption of any or all of the obligations of Developer under ' this Agreement pursuant to any such transfer shall relieve Developer , without any act or concurrence by the City , of its legal duty to perform those obligations except to the extent that Developer is in default with respect to any and all obligations at the time of the proposed transfer . 9 . �eneral Standards and Restrictions Pertainina to Development ; of the Site . The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement : a . Developer shall have the right to develop the Project on the Site in accordance with the terms and conditions of this Agreement and City shall have the right to control development of the Site in accordance with the provisions of this Agreement . b . The density and intensity of use , the uses allowed , the size of proposed buildings , provisions for the reservation or dedication of land for public purposes , the maximum heiqht of proposed buildings and location of public improvements , together with other terms and conditions of development applicable to the Site , shall be as set forth in this Development Agreement and the attached Development Plan . 10 . Effect of Citv Regulations on Development of Proiect . Except as expressly provided in this Development Agreement , all substantive and procedural requirements and provisions contained in City ' s ordinances , specific plans , rules and regulations , including , but not limited to , the Zoning Ordinance , in effect as of the effective date of this Development Agreement , shall apply to the construction and development of the Site . a . The provisions of this paragraph 10 shall not preclude the application to the development of the Site those changes in City ordinances , regulations , plans or specifications which are specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65869 . 5 or any successor provision or provisions . b . The payment of fees associated with the construction of the Project , including land use approvals , 4 development fees , building permits , etc . , shall be pursuant to those fees in effect at the time application is made for such approvals or permits . c . City may apply any and all new ordinances , rules , regulations , plans and specifications to the ' development of the Site after the effective date provided such new rules and regulations do not conflict with the terms of this Development Agreement as of the effective date . d . Nothing herein shall prevent the application of health and safety requlations ( i . e . , fire , building , seismic , plumbing and electric codes ) that become applicable to the City as a whole . il . Permitted Uses . Those uses allowed on the Site shall be as follows : a . Permitted Uses . 5 b . Uses Requirinq Conditional Use Permit . 12 . Annual Review . During the term of this Development Agreement , City shall annually review the extent of good faith compliance by Developer with the terms of this Development Agreement . Developer shall file an annual report with the City indicating information regarding compliance with the terms of this Development Aqreement no later than March 15 of each calendar year . 13 . Indemnification . Developer agrees to , and shall , hold City and its elected officials , officers , agents and employees harmless from liability for damage or claims for damage for personal injuries , including death , and claims for property damage which may arise from the direct or indirect operations oP Developer or those of his contractor , subcontractor , agent , employee or other person acting on his behalf which relate to the construction and operation of the Project . Developer agrees to , and shall , defend City and its elected officials , officers , agents and employees with respect to actions for damages caused or alleqed to have been caused by reason of Developer ' s aotivities in connection with the Project . This hold harmless provision applies to all damages and claims for damage suffered 6 or alleged to have been suffered by reason of the operations referred to in this Development Agreement regardless of whether or not the City prepared , supplied or approved the plans , specifications or other documents for the Project . 14 . Amendments . This Agreement may be amended or canceled , in ' whole or in part , only by mutual written consent of the parties and then in the manner provided for in California Government Code Sections 65868 , et seq . , or their successor provisions . ' 15 . Minor Amendments to Development Plan . Upon the written application of Developer , minor modifications and changes to the Development Plan may be approved by the Director of Development Services pursuant to the terms of City ' s Zoning Ordinance . 16 . Enforcement . In the event of a default under the provisions of this Agreement by Developer , City shall give written notice to Developer ( or its successor ) by registered or certified mail addressed at the address stated in this Agreement , and if such violation is not corrected to the reasonable satisfaction of City within thirty ( 30 ) days after such notice is given , or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty ( 30 ) days ( provided that acts to cure the breach or default must be commenced within said thirty ( 30 ) days and must thereafter be diligently pursued by Developer ) , then City may , without further notice , declare a default under this Agreement and , upon any such declaration of default , City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement , apply to any court , state or federal , for injunctive relief against any violation by Developer of any provision of this Agreement , or apply for such other relief as may be appropriate . 17 . Event of Default . Developer is in default under this Agreement upon the happening of one or more of the following events or conditions : a . If a material warranty , representation or statement is made or furnished by Developer to City and is £alse or proved to have been false in any material respect when it was made ; b . If a finding and determination is made by City following an annual review pursuant to paragraph 12 hereinabove , upon the basis of substantial evidence , that Developer has not complied in good faith with any material terms and conditions of this Agreement , after notice and opportunity to cure as described in paragraph 16 hereinabove ; or 7 c . A breach by Developer of any of the provisions or terms of this Agreement , after notice and opportunity to cure as provided in paragraph 16 hereinabove . 18 . No Waiver of Remedies . City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce this Agreement . Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable , difficult or expensive or because of a failure of any third party or entity , other than City . All other remedies at law or in equity which are not otherwise provided for in this Agreement are available to the parties to pursue in the event that there is a breach of this Development Agreement . No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder . . 19 . Riahts of Lenders Under this Agreement . Should Developer place or cause to be placed any encumbrance or lien on the Project , or any part thereof , the beneficiary ( " Lender " ) of said encumbrance or lien shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to : a . Do any act or thing required of Developer under this Agreement , and any such act or thing done or performed by Lender shall be as effective as if done by Developer ; b . Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien ( hereinafter referred to as " a trust deed " ) ; c . Transfer , convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale , whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed ; and d . Acquire and succeed to the interest of Developer by virtue o £ any foreclosure sale , whether the fore - closure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed . 20 . Notice to Lender . City shall give written notice of any default or breach under this Agreement by Developer to Lender ( if known by City ) and afford Lender the opportunity after service of the notice to : 8 a . Cure the breach or default within thirty ( 30 ) days after service of said notice , where the default can be cured by the payment of money ; ' b . Cure the breach or default within thirty ( 30 ) days after service of said notice where the breach or ' default can be cured by something other than the payment of money and can be cured within that time ; or c . Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within thirty ( 30 ) days after said notice , provided that acts to cure the breach or default are commenced within ' a thirty ( 30 ) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender . 21 . Action � Lender . Notwithstanding any other provision of this Agreement , a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project . The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien . The proceedings shall not , however , forestall any such action by the City for the default or breach by Developer unless : a . They are commenced within thirty ( 30 ) days after service on Developer of the notice described herein- above ; b . They are , after having been commenced , diligently pursued in the manner required by law to completion ; and c . Lender keeps and performs all oP the terms , covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption , satisfaction or payment . 22 . Notice . Any notice required to be given by the terms of this Agreement shall be provided by certified mail , return receipt requested , at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto . 9 To Developer : LOUIS MARCELLIN 20326 Fuerte Drive Walnut , California 91789 To City : City of Diamond Bar 21660 East Copley Drive , Suite 100 Diamond Bar , California 91765 Attention : City Manager 23 . Attornevs ' Fees . In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder , the prevailing party shall be entitled to recover its costs and reasonable attorneys ' fees incurred during the proceeding as may be fixed within the discretion of the court . 24 . Bindina Effeot . This Agreement shall bind , and the benefits and burdens hereof shall inure to , the respective parties hereto and their legal representatives , executors , administrators , successors and assigns , wherever the context requires or admits . 25 . Ao� lic �ble Law . This Agreement shall be construed in accordance with and governed by the laws of the State of California . 26 . Partial Invaliditv . If any provisions of this Agreement shall be deemed to be invalid , illegal or unenforceable , the validity , legality or enforceability of the remaining provisions hereof shall not in any way be affeoted or impaired thereby . 27 . Recordation . This Agreement shall , at the expense of Developer , be recorded in the Official Records of the County Recorder of the County of Los Angeles within ten ( 10 ) business days following the Effective Date . IN WITNESS WHEREOF , this Agreement has been executed by the parties and shall be effective on the effective date set forth hereinabove . CITY OF DIAMOND BAR , a municipal corporation Dated • By Gary L . Werner , Mayor 10 ATTEST : Lynda Burgess , City Clerk City of Diamond Bar ' LOUIS MARCELLIN STATE OF CALIFORNIA ) ) ss . COUNTY OF LOS ANGELES ) On , 1990 , before me , the undersigned , a Notary Public in and for said County and State , personally appeared Gary L . Werner and Lynda Burgess proved to me on the basis of satisfactory evidence to be the persons who executed this instrument as Mayor and City Clerk of the City of Diamond Bar , a municipal corporation existing and organized under the laws of the State of California , and acknowledged to me that the I City of Diamond Bar executed it . Notary Public in and for said State STATE OF ) ) ss . COUNTY OF ) On , 1990 , before me , the undersigned , a Notary Public in and for said County and State , personally appeared LOUIS MARCELLIN , proved to me on the basis of satisfactory evidence to be the person who executed this instrument . Notary Public in and for said State S \ 1412 \DA190DB \DB 6 . 12 1 1 ORDINANCE NO . ( 1990 ) AN ORDINANCE OF TSE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TIiAT DOCUMENT ENTITLED �� DEVELOPMENT AGREEMENT NO . 1 ( 1990 ) CONCERNING PROPERTY LOCATED AT THE NORTHEAST CORNER OF BREA CANYON ROAD AND THE ROUTE 60 ( POMONA ) FREEWAY � DIAMOND BAR � CALIFORNIA�� AND AUTHORIZING THE MAYOR TO EXECUTE TAE SAME ON BEHALF OF THE CITY OF DIAMOND BAR . A . Recitals . ( i ) California Government Code Section 65864 provides , in pertinent part , as follows : " The Legislature finds and declares that : " ( a ) The lack of certainty in the approval of development projects can result in a waste of resources , escalate the cost of housing and other developments to the consumer , and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public . " ( b ) Assurance to the applicant for a development project that upon approval of the project , the applicant may proceed with the project in accordance with existing policies , rules and regulations , and subject to conditions of approval , will strengthen the public planning process , encourage private participation in comprehensive planning , and reduce the economic costs of development . . . . " ( ii ) California Government Code Section 65865 provides , in pertinent part , as follows : "Any city . . . , may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article . . . . " ( iii ) California Government Code Section 65865 . 2 provides as follows : " A development agreement shall specify the duration of the agreement , the permitted uses of the property , the density or intensity of use , the maximum height and size of proposed buildings , and provision for reservation or dedication of land for public purposes . 1 The development agreement may include conditions , terms , restrictions and requirements for subsequent discretionary actions , provided that such conditions , terms , restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement . . . . " ( iv ) Attached to this Ordinance , marked Exhibit " A" and incorporated herein by reference , is a proposed Development Agreement No . 1 ( 1990 ) , concerning that approximately 7 . 5 acre parcel located on the northeast corner of Brea Canyon Road and the Route 60 ( Pomona ) Freeway , in the City of Diamond Bar , and as legally described within the attached Exhibit " A . " Hereinafter in this Ordinance , that aqreement attached hereto as Exhibit " A" is referred to as " the Development Agreement . " ( v ) This City Council has heretofore adopted an ordinance amendinq the zone designation for the subject property from Light Industrial designation to Restricted Commercial . The proposed developer of the property and the City desire to provide through the attached Development Agreement specific development options and controls on the site which will provide for maximum efficient utilization of the site in accordance with sound planning principles , all in accordance with the above- referenced provisions of law . ( vi ) On , 1990 , the Planning Commission of the City of Diamond Bar held a duly noticed public hearing concerning the proposed Development Aqreement and has recommended to this Council the adoption of the Development Aqreement . ( vii ) This Council has heretofore conducted a duly notioed public hearing concerning the potential adoption of the Development Agreement and said public hearing was concluded prior to the adoption of this Ordinance . ( viii ) All legal prerequisites to the adoption of this Ordinance have occurred . B . Ordinance . NOW , THEREFORE , the City Council of the City of Diamond Bar does ordain as follows : 1 . In all respects as set forth in the Recitals , Part A , of this Ordinance . 2 . ( a ) The City Council of the City of Diamond Bar hereby finds that Negative Declaration No . 90 - 02 , adopted with respeot to the project on , 1990 , was prepared in compliance with the California Environmental Quality Act of 1970 , 2 as amended , and the Guidelines promulgated thereunder and that this Council has reviewed and oonsidered the information contained in said Negative Declaration with respect to the project identified in this Ordinance . ( b ) The City Council hereby specifically finds and determines that , based upon the findings set forth below , and changes and alterations which have been incorporated into and conditioned upon the proposed project , no significant adverse environmental effects will occur . ( c ) The City Council finds that facts supporting the above- specified findings are contained in the Negative Declaration , the staff report and exhibits , and the information provided to this City Council during the public hearing conducted with respect to the project and the Negative Declaration . Mitigation measures will be made a condition of approval of said project and are intended to mitigate and/ or avoid environmental ef £ects identified in the Negative Declaration . 3 . This Council specifically finds that : ( a ) The location , design and proposed uses set forth in the Development Agreement are compatible with the character of existing development in the vicinity ; ( b ) The Development Agreement will produce within the project an environment of stable and desirable character , and will not tend to cause traffic congestion on surrounding streets ; ( c ) The proposed development will be well integrated into its setting ; ( d ) Provision has been designed in the proposed development for both private and public open spaces at least equivalent to that required by the Zone ; and ( e ) ( 1 ) There is a reasonable probability that the land use proposed for approval hereby will be consistent with the general plan proposal being considered ; ( 2 ) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use is ultimately inconsistent with the proposed general plan ; and ( 3 ) The proposed use complies with all other applicable requirements of state law and local ordinances . 4 . It is expressly found that the public necessity , general welfare and good zoning practice require the approval of the Development Agreement . 3 5 . This Counoil hereby approves the Development Agreement attached hereto as Exhibit " A . " 6 . This Council hereby authorizes and directs the Mayor and City Clerk to execute the Development Agreement on behalf of the City of Diamond Bar forthwith upon adoption of this Ordinance . 7 . The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three ( 3 ) public places as specified by Resolution No . 89 - 6 . ADOPTED AND APPROVED this day of , 1990 . Mayor I , LYNDA BURGESS , 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 day of , 1990 , and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1990 , by the following vote : AYES : COUNCIL MEMBERS : NOES : COUNCIL MEMBERS : ABSENT : COUNCIL MEMBERS : ABSTAINED : COUNCIL MEMBERS : ATTEST • City Clerk of the City of Diamond Bar S\ 1012 \DAIDBORD\DB 6 . 12 4 LEGAL DHSCRIPTION Lot 79 of Tract Noa 33069 , in the City of Diamond Barg County of ' Los Angeles , State of California , as shown on map recorded in book 924 page 1 through 7 inclusive of maps , in the office of the County Recorder of said county . c ; \ vpS � \ � isc . docllgldescr , rs � rCl � l� �e � il CONDITIONS OF AFPROVAL # 40 - 0036 1 . This grant will expire unless used �vithin one ( 1 ) year fx� om the date of approval . A time extension of up to one yeai- may be requested before the expiration date . 2 . Phis grant allows for the development of a commercial project of approximately 79 , 95a square feet on a 7 . 53 acre site . The approved uses composing this development are as follows : a . Fairfield Inn . A three story 42 ft . high 135 room hotel with assembly room and with parking in excess of 135 spaces plus parking as required by code for assembly area . Restaurants , dining facilities of any Yype , nightclt2bs or live entertainment are not allowed as parY of this permit . Total square footage of 49 , 915 square feet . b . 5it - down Restaurant . A S , m00 square foot , 20m seat restaurant offering outdoor dining . All iasY iooci restaurant uses are prohibited . No live entertainment is appxoved as part of the permit . Parking provided is in excess of the 73 required ( based on occupant load detennination ) . c . Retail Uses . Three retail structures not to exceed 32 feet in ileight with square footage totalling approximately 25 , 0Q1@ square feet . d . There are 308 required parking spaces for this project and 314 are provided . 3 . Standard size parking stalls shall Ue no less than 601 percent of total and handicapped parking will be provided aY one per 40 spaces ( total of 8 ) . 5 . The hours of operation will Ue from 6 : � � a . m . to 1 : 0 �0 a . m . for all uses with the exception of the hotel which wi11 operate on a 24 hour period . 6 . All wall and monument signs shall conform to C - 1 zone requiremeirts and shall be suUmitted as a part of a coordinated sign program for all facilities approved under the CUP . Monument signs ( height 6 ft . , 63 sq . ft . total fascia each ) for pads identified as pad A , B and pad C are approved and the directional sign for the hotel is ap � roved for a height not to exceed 42 " ( 14 sq . fco total fascia ) . The freeway oriented pole sign for the center is approved but cannot exceed 39 feef above grade . No other signs are approved as part of this approval . Al1 si � ns shal7 Ue internally illuminated . 7 . The project must be developed at the applicant ' s expense to the satisfaction of the City Engineer including traffic mitigation conditions stipulated in the revised traffic report as follows : a . The traffic signal for State Route 60 off - ran2p must be modified to provide a left turn phase for traffic turning onto Yhe freeway and a right turn phase for traffic turning off the freeway . U . A third lane should be striped southbound on Brea Canyon Road from the project entrance to the SR 60 ramp intersection . This land would turn righE onto the freeway westbound . c . The traffic signal existing at Brea Canyon and Lycoming St . must be modified to provide left turn signals for northbound and southbound . d . A traff. ic signal at the main access to the project site , to allow left turns onto Srea Canyon St . must be installed at the applicant ' s expense . II . A 3 'h ft . berm to coxiceal the parking area from view shal. l Ue located along the Brea Canyon Rd . Prontage and shall be landscaped with year round ivy . 9 . The property line along the flood ct� annel shall be landscaped with 24 inch box pine trees at least 15 feet in height at time of planting from building east . lm . The parl: ing lot shall be landscaped with 15 inch box trees in the planters located at the perimeters of drive way aisles . ll . The extreme eastern portion of the site shall be landscaped and maintained in good condition . 12 . An eight ( 8 ) feet high block wall shall be constructed along the northern Uorder of the site along tYie flood channel and shall be landscaped with ivy to reduce exposed surfaces . The landscapirtg shall be mai. ntained in good condition . 13 . Lighting on site shall conform to the locations displayed on the approved landscape plan . Lighting shall be configured so as to restrict light spill. age off - site . 14 . All trash enclosures shal. l be shielded trom view and located iu areas with low pedestrian access and with adequate light sources . 15 . All �vindo �v air conditioning units shall be mounted so as to not project beyond the exterior surface of the window from which it is mounted . If central air units are used , these units shall be roof motilnt� ed and shielded from view from street and freeway Uy material accepYable to the Director of Planning . 16 . A. 11 materials utilized in the exterior fiiiish of all bui. ldings ' on - site shall be off - white stucco with bli.ie trim as exhibited on the approved materials Uoard . 17 . The project will enter into a shared access easement in accordance with the approval on the parcel directly Yo the north and zoned C - 1 - DP - BE . The easement shall hold both parties xesponsiUle for maintenance of said access in good repair . Addikionally , all off - site traffic mitigation improvements shall be borne on pro - rata basis per City Engineero 1 £3 . The Fairfield Inn shall provide a diagram and room nurnbers at . each entrance with independent internal lighting . � ach exit shall be maintained with adequate lighYing . 19 . Three ( 3 ) copies of the site plan , sign plan , and landscape i� lan as approved Uy i: he Planning Commission at the puUlir. hearing and conforming to such conditions that can be shown on a plan , shali be submitted for appi- oval of the 17irector of Planning . c : \ mpSO \ cndilion14000 ] 6 , COA '�-Xl-{ 1 P� � T- � � � � � a . Permitted Uses . - Air pollution sampling stations . - Access to property lawfixlly used for a purpose not permitted in zone C - 1 . - Antiques shops . genuine antiques only . � - Appliance stores , household . - Art galleries . - Art supply stores . - Automobile supply stores , including incidental installation of parts , suUject to the provisions of Subsection B of Section 22 . 28 . 090 - Bakery shops , including baking only when incidental to retail sales from the premises . - Banks , savings and loans , credit unions and finance companies . - Barber shops . - Beauty shops . - Bicycle rentals . - Sicycle shops . - Boat and other marine sales . - Bookstores . - Ceramic ships . excluding a kiln or manufacture . - Christmas trees and wreaths > the sale of . - Clothing stoxes . - Comfort stations . - Communication equipment buildings . - Confectionery or candy stores , including making only when incidental to retail sales from the premises . - Department stores . - Dress shops . - Drugstores . - Drycleaning establishments , excluding wholesale dry cleaning plants , provided that the building is so constructed and the equipment is so installed and maintained and the activity is so conducted that all noise , vibration , dust , odor and all other objectionable factors will be confined or reduced to the extent that no annoyance or injury wili result to persons or property in the vicinity . - Employment agencies . - Fire stations . - Florist shops . - Furniture stores . - Furrier shops . - Gas metering and control stations > public utility . - Gift shops . - G1ass and mirror sales , including automobile glass installation only when conducted within an enclosed huilding . - Greenhouses . - Hardware stores . - Healtli food stores . - Hobby supply stores . - Ice cream shops . - Interior decorating studios . , - 7ewelry stores . - Laund �� ies , self service . - Laundry agencies . - Leather goods stores . - Libraries . - Liquor stores . - Locksmith shops . - Lodge halls . - Mail order houses . - � eat markets , excluding slaughtering . - Millinery shops . - Museums . - Music stores . - Notion or novelty stores . - Nurseries , including the growing of nursery stock . - Observatories . - Office machines and equipment sales . - Offices . business or professional - Paint and wallpaper stores . - Parking lots and parking buildings . - Pet supply stores . excluding the sale of pets other than tropical fish or goldfish . - Photographic equipment and supply stores . - Photography studios . - Police stations . - Post offices . - Public utility service centers . - Radio and television stores . - Real estate offices . - Rental , leasing and repair of articies sold on the premises , incidental to retail sales . - Retail stores . - Shoe stores . - Shoe repair shops . - Shoeshine stands . - Signs as provide in Sign Ordinance . - Silver shops . - Sporting goods stores . - Stamp redemption centers . - Stationery stores . - Telephone repeater stations . - Tobacco shops . - Tourist information centers . - Toy stores . - Watch repair shops . - Yarn and yardage stores . b . Uses Reauirin � Conditional Use Permit . - Bars and cocktaii lounges , but excluding cabarets . - Child care centers . - Colleges and universities , including appurienant facilities giving advanced academic instruction approved by the State $ oard of Education or other recognized accrediting agency but excluding Yrade schools . - Electric transmission substations and generafing , plants , including microwave Sacilities used in conjunction with any one thereof . - Hotels . - Ice sales , excltading ice plants . - Live entertainment , accessory , in a legally establislted bar , cocktail lounge or restaurant having an occupant load of less than 200 people where the conditions of SecYion 22 . 56 . 1754 have not or cannot be met . This provision sha ] 7 not be construed to authorize the modification of development standards required for establishment of such bar , cocktail lounge or restaurant , except as otherwise provided by Part 2 of Chapter 22 . 56 - Motels . - Outdoor dining , where the conditions of Subsection G of Section 22 . 28 . m7 � liave not or cannot be met . - Pet grooming , excluding boarding . - Pet stores , within an enclosed building only . - Publicly owned uses necessary Yo the maintenance o £ the public health , convenience or general welfare in addition to those specifically lfsted in this section . - Radio and television sfations and to�vers , but excluding studios , - Recording studios . - Recreation club , commercial , including tennis , polo , swimming and similar outdoor recreational activities , together with appurtenant clubhouse . - Restaurants and other eating establishments including food take - out . - Schools , business and professional , including art barbere beauty , dance , drama and music , but noY including any school specializ2ng in maxival training . shop work , or the repair and maintenance of machinery or mechanical equipment . - Signs as provided in 5ign Ordinance . - Steam or sauna baths . - Temporary uses . - Tennis , volleyball , badminton . croquet , lawn bowling and similar courts . - Theaters and other auditoriu �ns . - VeYerinary clinics , small animal . c : \ apSO \ eisc . doc \ uses Depa� tmen� of ftegional Pianning . ZONING AND SllBDIViSION APPLlCATION � dr required by Chapters 22. 16 22.56 & 21.40 0/ the Los An9eles Counry Code � The following information is necessary for the review of All. app�icaiions. Failure to furnish intormation will delay action. Anach extta sheets if necessary . Please read ins[ructionscarefWly. PECORDOWNER�S) APPLICANT APPLICANT'SAGENT �. (Enginex, Gicensed Surveyor, Othe� . and p/ease indicare if engineer is also an Aiin: Ken Spear aBentl ' Name �ouis Harcellln Name Cahan/Cs (sell Properties Name � Address 2�326 Fuerte Or, Address 362 X. Mlssion Ave. , f105 Address / �. City ��nut, CA � C�iy Escondldo. CA City ��. � ZiP 91789 Phone1714� 595-8154 ZiP 92025 PhOne �619 �741 -9801 ZiP Phonei 1 � ���, (Attach separo[e eet if necessary, including nam , addresses, and signatures of inem6ers of parMerships, joint ventures, and � � d�recmraoicor tions.) � �� CONSENT' s t the submi55ion o! the application a co panying Ihis request � - - �� oa�e ��/� Signed ' � . -� (All record o ers� CER71FlCATION: ! he�ebVi certify under pena/ry aI pe�jury that the iniormation herein provided is correct m [he 6esr o/ my � knawletlge. `/\ � Si9ned ',U ^� � l� Date q �/g < . P.QAP�icant or Applica�Ys Agentl location erea Canyon Road lEast side of streetl � i5[reet address or distance trom neaiesi cross street) � 6etween �nterstate 60 and � � , � � . (Street) fStreetl in Zone H��E , Zoned Disttict San ,lose � ( Lantl Uee, noi postal zone� � HNM/FS Ill N333 C5f 7BG 97 �Z Assessor 8�19 �7 4033. 12 � PlanningArea East San Gahriel USGS <�� �{�< ��. . COntlaM City Diamond esr Supervisoriai District 1 GenerelPlan Ca2egory industrial � Local Plan Caregory (it applica6le) None . Local Plan N�A , � Prolect Size �gross acres) �-54 Projec[ Density Previous Cases ZC 5775 ; ZC 6131 ; CUP 909; CUP 86334; CUP 88087 � � Preient Use of Si[e ft. Y. sales iot , Use applied for �Ixed us rcial , Including hotel . �. fast faad, retail coomercial �� LEGAL DESCRIPTION (All o ership comprising the proposed b[slproject� I7 pe�itioning For zone change, at[ach � lepal Aescription o� earerior boundaries of area sublect to [he change. Lot 79 ot Tq 33069 as recorded In ma Book 924 Los Mgeles, SFdte ot CaII{q�� � a. APPftOPflIATE BURDENS Of PROOF MUST ACCOMPANY EACH TYPE OF flE4UE5T — Check each req�est � applied for and compiele appropria�e seclions. ��. � PLAN AMENOMENT RE�UEST � Countywide/local Plan or Area Plan Land Use Map Change : . From Ta Acres Fiom To Acres ' �� Othe� Countywide IGen, Dev., Housing & Spec. Mgmt.) Map Change: �� Fram 7o Acres From To Acres �� Identi'fy Text Change(sl to Countywide!Low� or Area Plan Desired : . � . . f Total Projec[ Uni[s Currently Allowed By : �al CW Pian Ib) Local Plan � Total Project Units Permitted li : fal CW P�an Amended � 161 Loca! Plan Amended � Total Acres I�volved : lal Ibl , SEpVIGES: Existingand Pr000sed : Gas & Electtic Education , . Fire Ac<e Sheriff � � . �X ZONE CHANGE REQUEST Zone: From Acres To Acres ' 7.5Y 9-59 M i (OPI teEl B.5R r t rm1 rac) �'� � ❑% CONDITIONA � USE PEpMIT, VAPIANCE, NONCONFOflMING REVIEW, AND OTHEF PERMITS � Permit Type �nJltional Use Permft Ord . No . �-56`B+9—� o�' � - yd � a 3� %•$'/ Ptoject Si[e : � 5 Atea devo[ed to: structuies ope� sAace —�--�— GrossArea No , ofLoxs Ssh� �, � Sh! . , ResideniiaiProjecc and Proposeddensiry Gross A�ea No . of floon Uniis/Acres . - N�mber and rypes of Units flesidential Parking: TVPe Required Provided Total flequired . Totai Pro�itled (continued on next pagel Assembly and Dining Uses: � (Occupant laad for buildings per 8uilding & Safety) �� NonResidentialParking: Type _ Required — Provided _TotelRequired: � � � Total Provided: 3 ! Z- � Additional I nformacion: , The following must be completed tor HOUS�NG PEpMITS: ' Unitt allowed without honus: Units �� �ensity Bunus flequired: % Units �. Total UniR including baws: Units . . X� SUBDIVISIONREQUEST TOTALGROSSACRES TENTATIVEMAPNUM9Eft � �. . LOTS: Existing Pmposed � - , 1. STAGE : T X RV _ AM _ RN _ RA _ FN _ WR _ . MAP: T X flfl(FO� _ RRfLO1 � RV � AO _ LL _ � VESTING !Vi__ IN) __ LOT TYPE OWN'SHIP (Cirele�;NO. LOTS;NO. UNITS;AC . LOT TYPE OWN'SHIP �Cirela) NO. LOTS NO. UNITS ACpES � SF MH I NC CC L . DUP I NC CC L � MF 1 NC CC L �� OS 1 NC CC L R PF 1 NC CC L CO �NC CC L 5 6.54 I INCCCt LS SCM Date �� Cities: LA _ BH _ LC _PM _ Other_ Counties: LA _VT_ SB _OR_ K _ Other �� Agencies/Compenies: MWP_ DWP_ CWP_ SCE _ SCG _ PT_ GT_ ATS _ SPT_ UPfl _ MSHC_ SCRC� - -�' ANG _PNF_ Other _ - CALTflANS: Y_ N _ Name�s): PCH _ TCR _ DCR_ Other_ Routelsl : HIGHWAYS MISC.: -� PflOJECT NO.: . CASES: _ PLANAMEN�MENT HOUSINGPEflMIT OTHEfl FILED - _ 20NEC�HANGE PARKINGPERMIT PARCELMAP FEE � No. Brown Line . _ CUP �� OAK TREE No, Blue Line RECEIPT NO. '� _ VAfl1ANCE TflACT � No: Brawn Line — NON CONFOHMiNG FEVIEW No. Blue Line . . In addition to the information required in the application, the applicant shall su6stantiate to . ' the satisfaction of the Commission the following facts. Answers must be made complete and full: �. A. Modified conditions warrant a revision in the zoning plan as it pertains to the area or district under • � consideration 6ecause: � Th bJe t p op ty I lo t d co tl9uous to a freeway off ramp and sin9le famfly residentlel � (separatad by a tiood control channai ) . AII other prapartias at tha Intersection ot the � . . Brea Canyon oft ramp and tha free�ay ar' . aomercially artented� i .e. , gas statlans, restauraM's. . d i t f d Th I ir t i I oth ti + f ff �e A ..�g +n., - ��. treevay corrldor �Ithin 7 niles of ihe subJect property. This is retlective ot the service � 1' f f tl tl i f y ff ihrounh r.wllfn.. l ._ � other �and. Iadustrlelly zoned prapertles typ (cally ar not lacated adJacent to residential�and � aAJoining f�ee�ay ott ramps due to incompatability �Ith residentlai u and the ac s orablems for irutking associa4ed vlth hlgh traffic areas. �� 6 . A need for the proposed zone classitication exists within such area or district because: ��� � The ideal butfer to resldantlal u s is retail c000iarclal davelopment Aue to the "clean• � nature ot the typical usa , I .e. , sthe absence ot offensiva aspects a xlated �lth lndushlal . Such negative a ps t i I E Isslon ot foul odors nsighily stw'aae, and loud ���. nolses at all hours ofi the day and nlght. 600d planning dictates a re transitional - . b tt t f y d tr to esidantlal ar rhfch �Ith the presant zo - classlflcatlon is not gueranteed. Therefa'e. tfia eed fa' a camnercial zona classlSfcatlon is greatly needad � ithin thls disirlct at this sita. C. The particular property under consideration is a proper location for said zone classitication within � such area of district because : � A t t d I 8 b thi p ti 1 p p ty i Iq IY P Iti d t tAe comannence of a � . retalling sector and a esidantlal sector. Although there tloes exist some Iight manufacturing �� I th g I i I ityr thI p p ty 7 1 I ted b the frea�ay and flood channel and _ on busy resldential feeder sireat. Theretore, the sensitivity to both the rasldents Ilvtng in �. th II i I 9 t i t ff th f Y h Id 6 1 In considerina a � ��. proper classlflcation. Clearly a retail c rcial m classlfication addresses this . ItlZlty Iih f th tI pecFs f th f d iri I i � D. Placement of the proposed zone at such location will be in the interest of public health, safety and �. general walfare, and in conformity with good zoning prectice because : : Fi t f II th p p d i I I b t tI fi th { {t ith d 1 . p cti 6 lt ( 11 II f es that � III s rvice and beneflt ezisting irattic already passing the site �ithout creating a lot of nev ira{{ �c, (2) offers the uwst harmonlaus butfer �� t th tljol I g esldentlai sector l3) canforms � Ith typlcal zoning tound along this frae�aV id t i il off mp lacatlocs and f4> allo�s for tha most viabie and htghest and best � . � e of the property. (NOTE : Use additional sheets as necessary) � � n additioo to the information required in the application, the appllcant shall substantiate to the '�. satisfaction of the Zoning Board and/o� Commission, the foflowing factr. � A. That the requested use at the location proposed will not: �� 1 . Ativersely atfect the health, peace, comfort or welfare of perwns residing or � working in the surrounding area, or � 2. Be materialiy detrimental to the use, enjoyment or valuation of propetty ot . ' other persons located in the vicinity of the site, or � 3. Jeopardize, endanger or otherwise constitute a menace to the public healtfi, � ' safety or genera! welfare. � t ) Tha rop s tl uses �I11 definital be e 6en fit to th ns r ldin and rarking !rt the area as thaly dnily needs }� tood, lodging, and 9e�ere , � tha development � 111 actually he able io ralk to tha project because of ' 2) The oroposed us nsidered to sarvlca 'basic needs" and �711 nqt any unusualcircumstances a' demaods that rou1E negativaly impact � nel8hbortn t or �a ' 1 , 37 As a ualit dav 1 me t s vin th d II ntl b sie needs of Th - � . unity, there Is no danger to the health, safety, or generai �elfare�of � ... B. That the proposed site is adequate in size and shape to accommodate the yards, � �, ' - walis, fences, parking and loading faciiities, fandscaping and other deveiopment � features prescribed in this Title 22, or as is otherwise required in order to integrate - �' said use with the uses in the surrounding area ' The develo ment Is self c tain d in the s e of s tist in II -slt . a qu ilty deval pment and sth tI il I asln i I vir nt � 0. That the proposed site is adequately served: . � � 7 . By highways or 'streets ot sufficient width and improved as necessary m � carry the kind and quaniity of traffic such use would generate, and � � 2. By other puhlic or private service facilities as are required. . - . 7 ) The property Aas Ilmlted frontage on &'ea Canyon Road �hich is tully ImproVed and dedicated. There Is a sl9nai at the southrast corner of the . site coafrollln both Brea Can on iraf{ �� and iratffc cam7n aff th , . ceray o rasp. The slte turther benetlts from a iraffic slgnal to the , r th t LY 7 n d 8r C V R d i Aditi th pii t 111 � � - dedf<ate properiy to accoonodate a right twn lane Into tha matn entranc to the project. . . 2) Ail utilltlas antl p�bllc improvements ere In place and available in the sita In the required capactties. __ (sra� osE� PRQTF7CT NUPIDER (s) : INITIAL STUDY QUESTIONNAIR� COUAFPSC OF IAS ANGELES �-G. � � GL�1� c� �� yy�s A . GEt�RAL It�ORMATION �-7 GG c`+ �j � ;' Project Applicant (Owner ) : Project Representative : Cahan/Crisell Properties Kenneth 5. Spear �'�. �' Nar,ie Name 362 N. MissPoa Avenue, Suite 705 �. � � Ac3dress Pddress Escondido, CA 92025 � (679) 747 -9801 �� � � Phone 17umber � �^ Pnone Ninnber 1 . ActiOn L�UeSt2d atYj pT0] eCt c�eSCTl �t10 [1 : Rezone d C. U .P. for proposed mixed use commercial project ?.5'� . __ __�—_ __ . on $�'4 acres including hotel , fast food and retail shop space. �. 2 . StL?et lOCdt10R of project : erea Canyon Rd. , north at I -60, � soath ot Lycoming- � 3a . Present use of site : R. V. sates storage 3b . Previous use of site or structures : unknorn 4 . Please list a11 previous cases ( if any ) related to tnis project : ____� _ __`_ _ 5 . Otner rel� ted ne7snit�approvals required . Soecify type ard granting agency . 6 . Are you pianning futare phaszs of this project ? /Y/ /N/ If yes explain : _�i _ ___ _ ^ � 3 stories - fiotet � 7 . Project area : 8 . Nim,ioer of floors : � story - fiast food, Cover �3 uy structures , ?aving : %��� v reten snoPs 9 . Present zoning : M�toP�<eE� -- - - - ^ Landscaping , open sp3ce : /r`), Totial acea : � 3:Z� 12 � 1G . 14� t �r 3r� sewer service : Domestic PuUlic ter Sewnrs noes service r:xist � t site ? /Y` /N/ /Y/ /N/ If yes , do pur ��yors iiave capacity to �neet dei�atu3 � /N7 /Y/ /N� of peoj ��c and all other approved ��roj �-ti^ts ? If d;x�estic watec or public sewars 3re not 3v3ilabie , hnw caill tnese services 'oe orovided ? , Residential projects : 11 . Nuni�e� and ty�a of units : 12 . Schools : i�'nat school district ( s ) svrves the property? Are existing school facilities ad2quate to me� t , pr. oject ne�] s ? /Y� /N/ If not , what provisions will be riade for additional classrocns? Non-Residential p�ojects : 13 . Distance to nearest r2sidential use or sensitive use ( scitooi , hospita2 , etc . ) 65 ' acrass t � ood contro � channe � - 14 . Nur.ibe� and flOOr area Of bUildingS : 5 bufldings intaiing 77, �00 sq, ff. � 15 . N�aer of enployees and shi fts : _ � � �,,,,�' � , , Z - '3 5 d� ��� _ _ _� � � r l� 16 . Maximum enpioyees per shift : �� 17 . Operating hours : %��� k 'c�:��-N : `Jrt,,, - � �,.�, 18 . Identify any : End products t� � � ���V�— Waste pr a9ucts Pleans of dis�sal 19 . Do project operations use , store or pro3uce nazardo bstances - such as oil , pesticides , che� icals , pai7ts , or radioactive mater. ials ? /Y/ /N/ If yes , explain : _` 20 . Do your ocerations r �quirz any pressurized tanks ? %Y-] /N/ If yes , explain : 21 . Identify any flarunable , reactive or explosive materials to be located on-site . 22 . Will delivery or shipnent trucks travel throagh residential areas to reac:� the nearest highway? � /� If yes , explain : , - 2 - . . - B . ENVIROt�Y�tENTAL II�'ORMATI �- - '�. 1 . EnvirocIInental Setting -- Project Site a . EXisting u5e,istTuctUYeS R. V . sales and stora�e._ _Existio� mobil _hame_and metal building_of _ _ �' approximately 2, 000 sq. ft . �'. b . Topuyrap:iy,% slupes �evei- - -- - - - - - - - -- -- - - - - - - - - - -- -- --.- ' * c . Vegetation _ m�5�• -- - �JS �i ��? �_-�N_��- - -�"-��� - - - -- - - - � — - - - - ----- - - - - - - - * d . Aniinals ���- -- -- -- -- --- ------ ----- - - - - -- - - * e . Watercourses _ �� c , f . Cultural ,/historical resources ` None __ ___ __,__._ _ _____ ______ _ _ _ _ _ _ _ _—_ _ _ g . Other _ c� � ---- - -- - ---- - --- - - 2 . Envirormental Setting -- Surronnding Area d . EY. iStiCxJ uses/stluCtuLes ( tyPes � denslties ) : �rth� Singie family_ residential dweliingG _ _ '. South : i -60 offi ramp ; East : Flood control channel ; Mest: �. b . TOpOgTaphY/SlOpeS General � level . Slope from freeway ofif ramo arade dorn to sub_iect �ropertygrade_ �'�. * c . Vegetation __ _� __ _____ _ _ __ _._ _ *d . Aninals Nc ;� � -- ----- -- -- --- -- - - * e . Watercourses 't �/�ocf' C' dlP<rJN'e-Y ��1� 'N!Y ��i, t� `Y� - - -- --- - - - - - ---- - - - - f . Cultural/historical resources pb�e __ _�_ _ __ __ ____ �_ _ _ __ _ g . Other �� -- ------- 3 . Are theri any majoz trees on the site , including oak trees? /Y/ /N/ If �es , type and nu�er : � oak -trees ._ __ Four sycamore trees ofi 28" - 48^ trunks. `----- —,—,- - ----- ---- -- 4 . will any natural watezcourses , surface flow , etc , be ci�anged through project development ? : /Yj � If yes , exp7ain : _ __ _ _ __ _ __,__ ._ * Answers are not required if the area does not contain natural , undeveloped 1and . - 3 - B . ENVIROPASENTAL It�ORMATION (cont , ) 5 . Grading : Will the project If yes , how msny Ldi11 it be require grading ? Y/ %N% cubi : yarus ? approx_75> o0o cY balancc�d on site ? /� /N/ If not balanced , wher2 will dirt be obtained or deposited '? ___ __ __ _ _ __ _ _ ` _ _ 6 . Are there any identifiable lan des or othei rajor geologic h� zards on the property ( including uncan�xeted fill ) ? Y/ /N/ zf yes , explain ; A_�prtio� ot tne 5 �te na5 uncqnpacted _ fill and will be excavated and recompacated < see attached soils re�ort) . _,_ __ __ � __ _ _ __ _ __ ___ 7 . Is the property I� within a high fire hazard area (hillsides with moderately dense vegetation ? /� N/ Distance to near2st fire station : 1§ Miles County Station S . Noise : Existinc] noise sources at sit� : on site autooabiie a R�v ._trafifiic noise _ _ _ � Noise to be generat� by project : ooe site automobi � e tratfic notse ___ � __ 9 . F�unes : Odors geneYated by prOject : Food preparetion ___� � _ _ Could toxic finnes be generatEd ? No __4� 10 . What energy-conserving designs or naterial will be. used? gu7ldlnys to comuiv wttn ritie �___, - regulations CERTIFICATION : I hezeby ceztify that the statanents furnished above atx3 in the attached exhibits present the data and infounation required foz this initial evaluation to the best of my ability , and that the facts , statanents , aiid infozmation piesented are true a� cozrect to the best of my - " knowledge and belief . � - �/� aate : i� `�.� -- E�natuLe) FOr : Cahan/Criseli Properties _ - 4 - 8/B5 - � � � CltyofOtamandBa� lnitla/ StudyForm ` 22660 EAST CQPLEY DRIYE • SUITE 100 . Paqa t + � ( r � AIAMOND Bt1R, CA 91�65-4177 • 714$60-2489 • FAX 7l4860-3I17 �� �� �� . - "� ' � .»<s:«:�,c�,;;.-�;�...- . ':Fs�?' * M � ��. �yy�y.. � �* , �.. . - ;"a � ��� IS � ���. ���I. ���iLu�A�����kC�JI �Ls���^"-,'Mr,,�'.-y°'��� . �.:2� a:;y, •.:v':� .b ... . 3b .. .. x D v. �v.: • !. Background: t . Name of .Appiicant: l..>/t f+� ��� 1 �LL r '2� {�(PTj � 2. Address and Phorte Num!�erof P oponent: � (c� Z �/, M ( S5f0 � {�.VE . # t05 � � C:GY.I � Ib � , G '�i . � Z! —��_L�i.L'7 4 f — q o t 3. Nai<me,�A�ddress�� hone of Project Contact: SAnn� S �c�l� 4. Date� ot E v'rnnmental lnformation Submittal: �, — � � — �1co 5. Date of Environmertta! Checkiist Submittal: 4 - 3 - �T � 6. L d�A en A en Re uiring C�iecklisi : P 7, Name of Proposal 'rf a ticabte ( Tract No. 'rf Subdivision) : - � M �(� C_� �L _�Lr�cr' 8. R��e�t�sd Appil�ca��(under the authority of this environmental determinationJ : �3 Yes No vartancQ: �� Coadifiona! Use Permit: � Zone Change : Li Generat Plan Amendmeni: ^�'- (Attach Campleted Envlronmenfa! lnformaiton Fomrj PHYLLIS E. PAPEN ��� PAtTL Y, HORCHER GARY H. WE?iNE¢ GAtiY G. MILLER JOHN A. FOHBfNG ROBERT L. YAN NORT , . Mayor � � Mayor Pro Tem Councitacember . Caunc7mcmbc� Councilmcnbcr Ciry Mam6c : � . . � : : :.;r-::;..�=. �,. � : ; . . � . . , ci'I'Y OF DL4hIOND BAR SISES RECYCLED PAPEA � . . . '=� : `.�:-'-��-3.` > - � _ � ' _ CltyofDiamondBar /nitialStudyForm � Page 2 11. Envlroamental lmpacts: (Explanatlons and additlonal (nformaiion to suppiemenf al! 'yes" and 'posslbly" answers are requlred to be submltted on aifached sheets) Yes No Possibty 1 . Earth. Wiil the proposai resuit fn : a. Unstable earth conditions or changes in geoiogic substructures? � b. Disruptions, disp(acements, compaction or overcovering of the soii? � c. Change in topography or ground surface relief features? � d. The destruction, covering or modificafion of any unique geologic or physicai feature? � e. Any increase in wind or water erosion of soils, either on or off the site? � t. Changes in deposBion, erosion of stream banks or land adjacent to standing water, changes m siitation, deposition or other processes which may motlify the channel of constan2 or intermittently flowing water as weii as the areas surrounding permaneM or intermittent standing water? � g.; Exposure of people or propeRy to geologic hazards such s earthquakes, tandsfides, � mudslides, ground failure, or similar hazards? 2. Air. Will the proposaf resutt In: a. Substantiaf air emissions or deterioration of am6ient air quality? 1/ b. The creation of objectionable odors? _J�. c. Atteration of air movement, moisture, or iemperature, or any changes in cfimate, either Iocally or regionally? � 3. Water. W(II the proposal resuR In: a. Changes in currents or the course or direction of water movements? � b. Changes in absorption rates , drainage patterns, orthe rate and amount of surface run-off? _� c. Aiterations of the course or fiow of fiood waters? � d. Changes in the ainount of surface water in any body of water? ✓ e. Discharge into surface waters, or in any alteration of surface water quatity inctuding but not limited to dissoived oxygen and turbidity? . _� f. Alteration of the direction or rate of fiow of ground waters? �/ g. Change in the quantity of ground waters, either through direct additions or withdrawals , � or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otheruise available for public water supplies? � i. Exposure of peopfe or property to water reiated hazards such as fiooding? 1� � , Clty ol Dlamond Barinlilal S(udy Form �, Page 3 Yes No Poss(biy 4. Plant Life. W1U the proposal result In : a. Change in the diversity of species, or number of any species of plants (including trees, shrobs, grass, crops, and aquatic piants)? � b. Reduction in the numbers of any unique rare or endangered species of piants? � c. Reduction in the size of sensitive habitat areas or ptanf communities which are recognized as sensitive? L,/ d. introduction of new species of. pfants into an area, or in a barrier to the norma! replenishmeM of existing species? , / ' v e. Reduction in acreage of any agricafturai crop? ✓ 6. Antmai Ltfe. Wlt! 2he proposal resuii in: a. Change irt the diversity of species, or number of any species of animals (birds , land animals ir+Guding reptiles, fish and shelifish, benthic organisms and insecfs) ? � b. Redection in fhe numbers of any unique rare or endangeFed species of animals? � c. lniroducfion of new species of animais into an area, or in a 6arrier to the normal migration � or movement of resident species? d. Aeduction in size or deterioration in quality of existing tish orwiidlife habitat? � 6. Noise. Wiii the proposal resutt In: a. Sign'rficant increases in existing noise leve(s ? � b. Exposure of peopte to severe noise levels � 7. L[gfit and Giare. N/ill the proposal resuit in : a. Sign'rficant new iight and glare or contribute significantfy to existing leveis of light and giare? �� 8. Land Use. Wit� the proposa! result )n: a. A substantiai alteration of the pres2nt or pianned land use in an area? � 9. Naturat Resaurcas. Will She proposal resuit in: a. An increase in the rate of use of any natural resources? �L 90. Rtsk of llpset. Wiil the proposal Invoive: a. A risk of an explosion orthe release of hazardous substances (incfuding but not limited ��� to, oil, pesiicides, chemicals or radiation) in the event of an accident or upset condition? b. Probabie intederenca wiih an emergency response p(an or an emergency evacuation plao? � CIry of Olamoad Brrlrritlal Study Fo�m � Page 4 y7 . Populaffon. Wiit the proposal : Yes Mo Possibiy a. Alter the location, distribution , density, or growth rate of the human population of an area? � 12. Housing. W(i( the proposai af(eci: a. Existing housing, or create a demand !or addiiionai housing? �� � 3. Transpartation/Cfrculatton. Will the proposal resuit tn: / a. Generation of Substaniial additionat vehicular movement? iJ b. Effects on exisiing parking facilities or demand for new parking? _� c. Subsiantial impact on existing transportation systems? � d. Alterations to preserrt pattems of circulation or movement of peopte and goods. .� e. Aiterations to waterbome, rait or air traffic? /� f. Increase in traffic hazards to motor vehicies, bicyc(ists or pedestrians? �/ 14. Pubtic Servtces. Wiil the proposaL• ' a. Have an effect uport, or result in the need for new or a)tered govemmental services in any of the following areas: 1 . Fire protection? _� 2. Police proteciion? � 3. Schools? � 4. Parks or other recreational facilities? � 5. Maintenance of public faciifties, including roads? �— 6. Other govemmentai services? 1/ 15. Energy: Will the proposai resutt (n: a. Use of substantial amounfs of fuel or energy? i� b. Substantial increase in demand upon existing energy sources or require the development of new sources of energy? / V 16. Utilittes. W(it the proposat resuft tn : a. A need for new sysiems, or Substaniiat alterations to public utiliiies ? / V � C/ty ot Dlamand 8ar :nlUa/ Study Form Pege 5 97. Human Healih. Will the proposai resuft In : Yes No Posstbiy a. Creation of any heaith fiazard or potentiat heatth hazard (excluding mental healih)? �� b. Exposure of peopfe to potential health hazards? � 18. Aesthe8cs. Wtil the proposai resutt tn: a. The obstruclion of any scenic vista or view open to the public, or wi11 the proposal resuit in � tt�e creation of an aestheiically oHensive site open to the pubiic view? 19. Recreation. Wfil the proposal result in : a. An impacf upon the quaiify or quantity of existing recreationat opportunfties? � 20. Cuitura! Resources. Wlil the proposaf resutt In : a. The alteration of or the desfrucfion oi a prehistoric or historic archaeological site? V b. Adverse physiea( or aesthetic effects to a prehistoric or hisforic building, structure or o6ject? � c. A physical change which wouid affecf unique ethniC cultura! values? � ct. Restrictions on existing religious or sacred uses within the potential impact area. /� � Ci.y oJ Dlamond Bar lnit/a! Study Farm � Page 6 Yes No Possibty 21 . Mandatory Ftndtngs of Signiftcance? a. Does the proposed project have the potential to degrade the quality of the environment, substantiaify reduce the habitat of a i�sh or wildlite species, oause a fish or witdl'rfe population to drop below self susiaining Ievels, threaten !o eliminaie or significarttly reduce a piant or animal communiiy, reduca the number or resirict the rartge of a rare or endangered planT or animal or eliminafe important examples of ihe major periods ot Califomia history or prehistory? � b. Does the proposed project have the potential to achieve short-term, to the disadvantage ot iong-ierm, environmentai goals? � c. Does the pro�osed project pose impacts which are individua((y (imited but cumulativety conside rable . � d. Does the project pose environmental effects which wiil cause substantiai adverse effects on human beings, eBher direct(y or indirectly? � Itt Discussion of Environmet�tal Evaluation : (Attach Narrative) I !V. Determination : On the basis of this i�itial evaluation: I find that the proposed pro eci COULD NOT have a significant effect on the environment, ' and a NEGATIVE DEC�RATION wiil be prepared. I find that aithough the proPosed project coufd have a significant effecf on the environment, there will nQt be a signrficant effect-in this case 6ecause the mitigation measures described on the-attached sheet have been i�corporeted into the praposed project. � A MITIGATED NEGATNE DECLARAT(ON WILL 8E PREPARED, i iind that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL fMPACT REPORT is required. oate : ' 4 — '3 — �-1 O ' / Signature : � � IL� G' Title: �J'Sisri�x/T �i�rf�2 a,� �r,sr�„�i,JL For the City of Diamond 8ar, Caiifomia � �� ,` � �,, x BA$ IVIACIYA [� - DARNEI� �., iNC . ,� ENGINEFRINO AND PLAlJN1NQ . Transportat/on, Trefflq Munlcipal, 7Y&nsit 777pt Mitpheit North, SWte 101 Irvine, Callfom�a 92774 (7t4) 4741131 April 13 , 1990 ?��r . Ken Bp�:ar Cahan/Crisell Properties 3 �, 2 W . Mission Avenue �DT Ral . Na . : 896720 �ui�e ltl5 Escondidp , CA 92Q25 SUB7ECT : `Tra £ fic Study Addendum fs�Y the D�. amand Bar Hospitality G�snter C�ear Mr . Spear : Hasmaciyan-Aarx�ell , Inc . ( BDS ) has prepar�d th�.s addendum to our traffie study for your deVelopmel�t �,n the City of Diamotxc� Bar , �.21 accarddnoe with your revised sit� plan . This adc3enr3um will servs to analyze the trz� E ;� a� a eR £ eats of a change in the pra � ect de - scriptian . Fzgure 1 presents a raductiqn af youx� ouxrent site prnpo � al . Txble 1 summari � es the ahanges izz land usa fdr ycaur aur � ent prbposal dr�d � or your previous proposal descr�-bed in our report . '�he major chanqes involve fl� nax area for restaurar��. and retail uses . Traff + c C��nera� ion Table 2 summarizes , � ha tri�a .gez�eration ra� es u� ilized �or the projept and alsa sammarizes �he ari'� ia �,pat �d daily'; 7�M , and pM psak haur �raftic ta be g �nerated by tha projea� . Acaording tc the old site plan the projeGt wo�tld �aave generat �d 5 � 218 trip ends , ir�oludi. ng , 606 AM peak hour � rip � and 5 � 1 PM p� ak houx tri�as . With the new site p7. an„ �he p�oject is expeGted ta gener- ate 3 , � 23 daily trip ends , ( 3 � 6 AM peak hour tx' a.ps ) and 429 PM peak hour �rips . A decrease of 1 , 599 total d� il� �.rip erids aY � expeated for the revised pxoj �ct . Traffic T7istribution Tlae arientation of traffic ( percen� Jshare o � txaPfic i.r� Qaah di � eataon ) � or the cuxxent7. y proposed pro � ac� will . not change frara th� previous propAsal . R � III:. ��Y� ;,:. .� i'il� i`, 1 li� 1�.'7�O .. . _"_ _ �-� �- . ., r, r� � r� r � 3- n Mr . Ken Spear cahan/Crise � � Properties � April 13 , 1990 Page Two InterseCtion ImoaCt The project has been analyzed £or its impaC�s Gn existznq condi- tions , on conditions Eorea�st � ox the pr6vious pYppasal , and Eor proppsed-project �onditions For �� � aurroundinq stre�t system . ICU calculatians were reevaluated an� the resu �ts for the three ( 3 ) key intarsea� tons are summarized in Table 3 . A review o £ Table 3 shows slight improveme�t in ICu rates Eor both AM and PM , but no change in ths Levelffi o � service Por both AM and PM , from the Previausly Proposed Pro � eat tq the Currsntly Proposed �roja�t . �or the �x� s���g Plus Pxokosed Project , the key intar� sactions ara � xpected � o ope� a� e at L03 �� C �� or b6tter in the moxning peak hours . Tn ths evsn2ng peak haur , conditions are expected �o be at LQS ° A �� o� �yeominq Btreet , wi�h 6R 6 � Ramps . and Colima Road operating at LOB " E" . The i�tersectio� of Brea Canyon �oad and 6R 60 westbaund would be m�ti�ated to 0 . 89 ( Leve1 D ) by provid��g the improvemants listed below for the proposed pro � ect . Mitiqation ����� You requ� st �d a statement of �he in�ersection img� avem�nts dis - cussed in our �rafFic study . The improvements are aa follow� : o The traffic signal for 8ta� e RAute � 0 off - ramp must be mpd� � ied to provifle a isft turn phase for tra £ Pic turning anta �he �reew�y snd a right turn pha� e for txa� tic tur�ing otE the � reeway . This improvement will provide tor � �gnal sp��em operation and also will improve tha Leval of 88rviCe to �evel D . o A thixd laae , should be striped so��hbound dn � � ea Ganyon Rcad frqm : th�. pzoj �c� �n�ranc� to the Rout� � 0 r�m� inter - section . This lane would turn riqh� onto the f��eway west - b�und . o The traEfic siqnal existing at BYed Canyon and Lycom �aq 6treet mus � bs modiPied to pxovide lePt turn signals far northbound and southbpund . o The 1eve1 oE traf � � c for � qasted for the site would Btill , require a traf £ ic signal a� the main aqcess to allow lePt - turns onto Brea Canyon RoBd . �� � a TABLE 3 • BUMMARSC Ok' EXTBTI2JG A2tD EXISTII7G PLUB PY'.�VIOUB PR,OSECT AND EXISTING PLUS CCJRRENT PROJECT INTER�EC`!'ION CAPACITY UTILIZATZON Ak1 1'�ak Hour _ _ .... - -- -_ _ .. �.._ _ _ .. _ __ _ _ __ _ _ .. _ - - - - --- -- _- � - - .. -- - �xisting 81us Existing Plus Exis�3ng Previously Currently Conda.tions Proposed Project Propos�d Projeat Intersection TCU� ^�L4B ^ TICU� � � T LOB Y ^ ICUy R ^ LOB Brea Canyon Rd a� : ~ Colima Road 0 . 37 A 0 . 40 A 0 . 39 A BR 6Q WB Qn/Aff Ramp 0 . 67 B Q . 74 C 0 . 71 C LyCOming Ave . 0 . 50 A 0 . 62 B 0 . 61 B PM Psak Fiaur - - - - _ - _ - ^ _ - - - - � - -_ .. _ - - - -"- - ^ ^ -- - -- � _ _ _ _ � _ - -- - E�isting Plus Existing Plus Existirsg Previously Curxently Conditions Pxoposed P� ojact Pxoposed Project -- _ _ .._ _ _ ,. __ .. _ _ _ � .,_ -y - - - - -- ..- - - .. �. � _ _ W Int�rsection ICU �.oS IGU LOS ICiJ LOS Brea Can�onTRd , at : ' T _ .. _ T .. _ Colima Road 0 . 43 E 0 . 94 E 0 . 94 E SR60 W� .....�_ -- ... .. _. ,_.. ...,...,. . .. . . .,. . : _ „ . On/ off Ramp 0 . 93 E 1 . 00 ' " E 0 . 98 E T�ycomirtg A.ve , 0 . $ 7. 1] 0 . 84 A 0 , $ 3 D ICu = Intersection, ca�aci�.y LTtzliza� ion Lo8 � L� ve1. of 9erviae � ! Mr . Ken Spear � Cahan/Crisell Properties ._ ApriY 7, 3 , 199A Pa,ge Three , zP you have any question� or requi,re addi,tional information , Peel i - free ta Call me a't our offiCe . � � Bincerely , + $ASMACIYFsN-DARNELL , INC . r�� � '���--- _- j Rocx E . . Mi11er , P � E . � o7zoDBar . Add/ # 89 - 7 ( b ) � � i � �� mAaz,� s ,. PR6J�CT DE3CRIP'�ION Previously Currently Land tJse Proposed Projgct propased Proje�t Hote1W � � r135 Rooms � y 135 Rooms T ^ General Ratai �. 15 , 000 S . F . 21 , Q00 S . F . P'ast- Food with ArivB Throuqh 10 , � 5o B . F , 2 , 800 S . k' . High TuYnover ( Sit-T�owz� ) •'Rest�urant tl S , OOQ S . F . �rasz.� a TRIF 4EN�RATTdN SUMMAI2Y TRIP GENERATIOIS RATTS �.-�..��.�_=�-��.�o__�mm� AM Peak PM Peak ^ _ - - -- - - �^ - -- -- - , _ _-- � - - - - �and Use D�ily In Out In Out I3o�e]. T ( Tripsipex Raom ) � ^ 8 . 36 0 . 46 Q . 24 � 0 . � 6 0 . 47 Genera�, Retail 29 0 A 2 . 4 2 . 4 ( Trips per 1 , 000 S . F . ) Fast- Fqod with Dr �.ve-Thro�ig2� 393 . k6 2q , 25 24 . 2 � 1 � . 44 15 . 80 ( Tr1ps per 1 , 440 S . F . ) High Turnaver ( Si�-Down ) Restaurant ( Trips p�r 1 , 004 S . F . ) 200 10 . 70 8 . 40 11 . � 5 8 . 7 � TOTAL TRxP ��iD6 �.a��..�,=-�T_�m- AM P�ak PM Pesk _ _ -- w- - � ., .. _ _ � _ _ __ - � _----- �and Use 17ailg In Out Tn Out Hotel ( 135 Itms ) 1 , 129 62 � 2 76 63 Gerieral Rgtail (. 2T , OOQ S . F , j 504 0 0 50 50 FastTFood with . . . _.._ . _. 1�rive-Tharough { 2 , 800 B . F . ) 990 b8 68 46 44 Ii3.gh Turnover ( Sit-Down ) Restaurant ( 5 , 000 6 . F , ) 1 , 000 59 42 S6 44 T02'AL : 3 , 623 �, 84 242 228 2Q1 Pr�vipue Propqsal 5 , 218 31B 288 285 26 � �,eductiqn 31 � 42 � 51 � 20� 24 � SAurc� : TTTu Txip Genera� ion Manual , Fourth �dition . _ . __ . . _ _ , .�::�. _...�:� � -- _ _ - T - - -. __ _ . _ ,. - � -- � �— Continentai Land Title Company ' Subsidiaryof LawyersTitteinsuranceCrporatton ISSUING OFFlCE: UNIVERSAL CITY • CONTINENTAL J�AND TITLE • 1015 N . MAIN STREET • SANTA ANA , CA Attention: DIANE SfIERIDAN Your No. 1137�+DS our No. 8848143 Dated as of N�UFMRF:R A , 19�$— at 7:30 A.M. WE HEREBY SUPPLIIKENT OUR REPORT DATID 9-1�t-$8 AS FOLLOWS : ADD ITEM #11 : AN EASII�NT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOY7N OR AS OFFERID FOR DIDICATION ON THE RECORDED MAP SHOWN BELOW . MAP OF : TRACT N0 . 33069 RECORDID : BOOK 924 , PAGES 1 THROUGH 7 OF PdAPS PURPOSE : I.IGP,EES AND EGREUS PURPOSES AFFECTS : THE NORTHERLY 15 ' OF SAID LAND 4 � .L i ` — .U�, ) ^ �.. ;� ritle Ofiicer G�S3tTH HACKETT / �7 � n� ic� a� ,-nr, i CONTINENTAL LAND TIT � E COMPANY A WHOLLY OWNED SUBSIDIARY OF LAWYERS TITLE INSURANCE CORPORATION 6O UNIVERSAL CITY PLAZA � NIVERSAL � ITY , � ALIFORNIA 91608 ( 818 ) 760 - 2700 ' CONTINENTAL LAND TITLE - ESCROW 1015 N MAIN STREET SANTA ANA , CA ' ATTENTION : DIANE SHERIDAN YOUR N0 . 113 �4DS ' OuR No . 8848143 DATED AS OF SEPTEMBER 14 , 1988 AT 7 : 30 A • M • IN RESPONSE TO THE ABOVE REFERENCED APP � ICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND TITLE COMPANY HEREBY REPOHTS THAT IT IS PREPARED TO ISSUE , OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF , A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST' THEREIN HEREINAFTER SET FORTH , INSURING AGAINST LOSS WNICH MAY BE SUSTAINED BY REASON OF ANY DEFECT , LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES , CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS • THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERA6E OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST • COPIES OF THE POLICY FORMS SHOULD BE READ • TNEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT • THIS REPORT � AND ANY SUPPLEMENTS OR AMENDMENTS HERETO ) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY • IF IT IS DESIRED THAT LIABI � ITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE , A BINDER OR COMMITMENT SHOULD BE REQUESTED . THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS : 1 • CALIFORNIA LAND TITLE ASSOCSATION STANDARD COVERAGE POLICY IXI Z • AMERICAN LAND TITLE ASSOCIATION LOAN POLICY � � 3 • AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY I � 4 • AMERICAN LAND TITLE ASSOCIATION OWNER � S POLICY FORM B I � � �"v/� TITLE OFFICER GARTH HACKETT � � SCHEDULE A ORDER No . 8848143 THE ESTATE OR INTEREST IN THE tAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS : A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN : LOUIS J . MARCELIIN AND LINDA L - MARCELU N , TRUSTEES U / D / T DATED MAY Z , ' 1984 , F / B / 0 TNE MARCEILIN FAMILY TNE tAND REFERRED TO IN THIS REPORT IS S17UATED IM THE STATE QF CALIFORNIA , COUNTY OF LOS AN � ELES AND IS DESCRIBED AS FOLLOWS : LOT 79 OF TRACT No . 33069 , IN THE COUNTY OF LOS ANGELES , STATE OF CALIFORNIA , AS SHOWN ON MAP RECORDED IN BOOK 9Z4 PAGES 1 THROUGH � INCLUSIVE OF MAPS , IN THE OFFICE OF TNE COUNTY RECORDER OF SAID COUNTY - 1 / SCHEDULE B ORDER uo . 8848143 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRTNTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOU � D BE AS FOLLOWS : A • PROPER7Y TAXES , INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES , TO BE IEVIED FOR THE FISCAL YEAR 1988 - 1989 WHICH ARE A tIEN NOT YET PAYABLE • ' B • PROPER7Y TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID . FOR PRORATION PURPOSES THE AMOUNTS ARE : FISCAI YEAR 1987 - 1988 IST INSTALLMENT : $ 1 , 154 . 12 2ND INSTALLMENT : $ 1 , 154 . 11 HOMEOWNERS EXEMPTION : NONE LAND : $ 103 , 347 . 00 IMPROVEMENTS : $ 23 , 854 - 00 PERSONAL PROPERTY : NONE CODE AREA : 9403 ASSESSMEN7 No : 8719 - 13 - 7 C . THE LIEN OF SUPPLEMENTAL TAXES , IF ANY , ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3 • 5 � COMMENCIN6 WITH SECTION �5 ) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA • Z . THE RIGHT TO TAKE WATER TO THE AMOUNT OF 5O INCHES , MINERS MEASUREMENT UNDER 4 INCH PRESSURE FROM S WELLS , LOCATED IN THE SOUTHERLY PORTION OF TNE RANCHO LOS NOGALES AND CONDUCT 7HE SAID WATER THROUGH THE CHANNEL OF SAN JOSE CREEK AND THE OTHER NATURAL AND ARTIFICIAI DTTCHES TO THE HEAD OR NORTHERN TERMINUS OF A VITRIFIED PIPE LINE AND EX7ENDING FROM SAID POINT IN A SOUTHERLY DIREC7ION TO A POINT NEAR THE SOUTHWEST CORNER OF THE NORTHWEST � UARTER OF SECTION 17 FOR THE PURPOSE OF CONDUCTING THE WATER FROM SAID WEL � S AND OTHER SOURCES TO AND . FOR USE ON THE LANDS OF GRANTORS IN THE RANCHO LOS NOGALES AND LA PUENTE AND IN SEC7ION 4 , 5 , B , 9 , 16 AND l � , 70WNSHIP Z SOUTH , RANGE 9 WEST , SAN BERNARDINO MERIDIAN , TO � ETHER WITH THE RIGHT OF WAY FOR THE CONSTRUCTION AND MAINTENANCE OF PIPE OR PIPE � IMES FOR SAiD PIPE LIMES TO SUCH OF THE LAND OF GRANTORS AS MAY BE HEREAFTER SOLD WITH WATER STOCK OF GRANTEE , WITH RIGHT OF EN7RY ON THE LANDS OF GRANTORS FOR THE PURPOSE OF MAINTAfNIN6 THE FLOW OF WATER FROM SAID 5 WELLS AND TO MAINTAIN AND REPAIR THE DITCHES , PIPE LINES , AND AOUEbUCTS IN WHICH THE GRANTEE HEREBY ACQUIRED AN INTEREST , AS GRANTED 70 A • 7 • CURRIER WATER COMPANY , BY DEED RECORDED IN BOOK 3649 PAGE 22 � OF DEEDS • - CONTINUED - SCHEDULE B PAGE N0 . 2 ORDER N0 . 8848143 Z • AN EASEMENT FOR THE PURPOSE SNOWN BELOW AND RIGHTS INCIDENTAL THERETO ' AS SET FORTH IN A DOCUMENT GRANTED T0 : SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA PURPOSE : GAS PIPES AND MAINS RECORDED : IN BOOK 6303 PA6E 256 OF DEEDS ' AFFECTS : A PORTION 0 � THE EAST HALF OF SECTION 17 THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD - ' 3 . ANY EASEMENT FOR WATER PIPE LINES ACROSS THE HEREIN DESCRIBED LAND THAT MAY BE DISCLOSED BY THE DEEDS AND AGREEMENTS BY UNIVERSITY OF REDLANDS , ET AL . , RECORDED IN BOOK 1ZH60 PAGE 3ZZ , OFFICIA � RECORDS AND IN BOOK 12HO3 PA6E 3 � 0 , OFFICIAL RECORDS . THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD • 4 . COVENANTS , CONDTTIONS AND RESTRICTIONS � DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE , COLOR OR CREED ) AS SET FORTH IN THE DOCUMENT RECORDED : IN BOOK IIUIZ PAGE B3 , OFFICIAL RECORDS 5 • EASEMENTS FOR PIPE LINES FOR THE DTSTRIBUTION OF WATER AS GRANTED IN A DEED TO A • T . CURRIER WATER COMPANY , A CQRPORATION , RECORDED IN BOQK 3649 PA � E ZZO OF DEEDS , AND AS RESERVED IN THE DEED FROM UNIVERSITY ' OF REDLANDS , ET AL . , RECORDED FEBRUARY 5 , 1945 IN BOOK 22651 PA � E ZOU , OFFICIAL RECORDS . THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISC � OSED OF RECORD • 6 • AN AGREEMENT BETWEEN UNIVERSITY OF REDLANDS , A CORPORATION AND OTHERS THEN OWNERS OF THE HEREIN DESCRIBED LAND , AS FIRST PARTIES AND JOHN EMGER , ET AL . , AS SECOND PARTIES , REGARDIN � THE USE OF CERTAIN WATER PIPE LINES TO AND CROSSING THEIR RESPECTIV � LANDS , RECORDED IN BOOK 12803 PAGE 370 , OFFICIAL RECORDS . REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS . � • THE FACT THAT TNE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF ACCESS , SAID RIGHTS NAVING BEEN RELINQUISHED , CONUEMNED QR RESERVED IN A DOCUMENT RECORDED : FEBRUARY 28 , 1956 AS INSTRUMENT No . 2296 IN BOOK 50940 PAGE 444 , �OFFICIAL RECORDS ; - CONTINUED - SCHEDULE B PAGE N0 . 3 ORDER No . 8848143 JUNE 26 , 1956 AS INSTRUMENT No • 2043 IN BOOK ' 51563 PAGE 326 , OFFICIAL RECORDS ; OCTOBER 15 , 1956 AS INSTRUMENT NO • 1988 IN BOOK 52547 PAG � 5 � , OFFICIAL RECORDS AND IN BOOK D 3660 PAGE 33 , OFFICIAL RECORDS AND IN BOOK n 6677 PAGE H � , OFFICIAL RECORDS FROM : POMONA FREEWAY E • A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW , ' AND ANY OTHER OBLIGATIONS SECURED THEREBY : aMouNr : $ 44 , 800 . 00 DATED : FEBRUARY ZS , 1975 TRUSTOR : LOUIS J . MARCEILIN AND LINDA MARCEL � IN , HUSBAND AND WIFE TRUSTEE : TITLE INSURANCE AND TRUST COMPANY , A CALIFORNIA CORPORATION BENEFICIARY : THE STATE OF CALIFORNIA , DEPARTMENT OF TRANSPORTATION RECORDED : JUNE 4 , 1975 AS INSTRUMENT No . 3525 . AFFECTS : THE HEREIN DESCRIBED LAND AND OTHER LAND . NOTE : TO AVOID DELAYS AT THE TIME OF CLOSING , PLEASE SUBMIT THE ORIGINAL NOTE , DEED OF TRUST AND THE � PROPERLY EXECUTED ) REQUEST FOR RECONVEYANCE , TO THIS OFFICE , AT LEAST ONE WEEK PRIOR TO THE CLOSE OF ESCROW • TF A SUBSTITUTION OF TRUSTEE AND DEED OF RECONVEYANCE IS TO BE EXECUTED BY THE BENEFICIARIES OF SAID DEED OF TRUS7 , WE WILL REQUIRE THE ORIGINAL NOTE OR AN AFFIDAVIT FROM THE BENEFICIARIES STATING THAT SAID NOTE HAS BEEN LOST , AND HAS NOT $ EEN � URTHER ASSIGNED • 9 • ANY INVALIDITY OR DEFECT IN THE TITLE OF 7HE VESTEES IN THE EVENT THAT THE TRUST REFERRED TO IN THE VESTING PORTION OF SCHEDULE A IS INVALID OR FAILS TO GRANT SUFFICIENT POWERS TO THE TRUSTEE � S ) OR IN THE EVENT TMERE IS A LACK OF COMPLIANCE WITM THE TERMS AND PROVISIONS OF TNE TRUST INSTRUMENT • IO . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FOR7H IN A DOCUMENT GRANTED T0 : SOUTHERN CALIFORNIA EDISON COMPANY , A CORPORATION PURPOSE ; PUBLIC UTILITIES RECORDED : SEPTEMBER 5 , 1985 AS INSTRUMENT N0 . 85 - 1028879 , OFFICIAL RECORDS - CONTINUED - SCHEDULE $ PAGE N0 . 4 ORDER No . 8848143 AFFECTS ; A STRIP OF LAND , IO FEET WIDE , THE CENTERLINE OF SAID STRIP OF � AND BEING DESCRIBED AS FOLLOWS : BEGINNING AT A POINT THAT IS DISTANT SOUTHERLY ZO3 FEET FROM THE NORTHWESTERLY CORNER OF SATD LOT � 9 ; THENCE EASTERLY , PARALLEL WITH THE NORTHERLY LINE OF SAID LOT � 9 , A DISTANCE OF ZJ5 FEET • END OF SCHEDULE B s9 - 22 - 88 ' IMPORTANT INFORMATION PLEpSE REFER TO THE FOLLOWING " NOTE SECTION " FOR ANY INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION . NOTE N0 . l : WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT , BASED ON 7HE EFFECT OF DOCUMENTS , PROCEEDINGS , LIENS , DECREES , OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND , $ UT WHICH , IF ANY DO EXIST , MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON • PAR7IES : ALL SELLERS � NOTE : THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER • ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY , AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS . THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FAC7 AFFECT ANOTHER PARTY WI7H 7HE SAME OR SIMILAR NAME • BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAI TO THIS FILE • ) NOTE N0 . 2 : BEFORE ISSUING ITS POLICY OF TITLE INSURANCE , THIS COMPANY WILL REQUIRE EVIDENCE , SATISFACTORY TO TNE COMPANY THA7 CAHAN / CRISELL PROPERTIES � A ) IS VALIDLY FORMED ON THE DATE WHEN DOCUMENTS IN THIS TRANSACTION ARE TO BE SIGNED ; AND � $ ) IS IN GOOD STANDING AND AUTHORIZED TO DO BUSINESS IN THE STATE OR COUNTRY WHERE 7HE CORPORATION WAS FORMED . - CONTINUED - PAGE 5 ORDER No . 8848143 NOTE � o . 3 : CAUTION THIS PRELIMINARY TITLE REPORT NAS BEEN WRITTEN IN ANTICIPATION OF A C � TA POLICY TO BE ISSUED . IF YOUR TRANSACTION IS SOMETHING OTHER THAN WHAT HAS BEEN STATED , WE WILL REQUIRE ADDITIONAL INFORMATION • � PON RECEIVING SAID ADDITIONAL INFORMATION , WE WILL MAKE ADBITIONAL REQUIREMENTS IN ORDER TO CLOSE THIS TRANSACTION AND ISSUE THE POLICY � S ) OF TITLE INSURANCE • TO AVOID DELAYS AT THE TIME OF CLOSING , PLEASE ADVISE THE TITLE ' OFFICER HEREIN NAMED OF ANY ADDI7IONAL INFORMATION AND ALLOW AT LEAST ONE WEEK PRIOR 70 THE CLOSE OF ESCROW , TO PROCESS THE INFORMATION AND RECEIVE RPPROVAI • NOTE N0 . 4 : IF TITLE IS TO BE INSURED IN THE TRUSTEE � S ) OF A TRUST , � OR IF THEIR AC7 IS TO BE INSURED ) , THIS COMPANY WILL REDUIRE A COPY OF THE TRUST INSTRUMENT CREATING SUCH TRUST , AND ALL AMENDMENTS THERETO , TOGETHER WITH A WRITTEN VERIFICATION BY ALL PRESENT TRU57EES THAT THE COPY IS A TRUE AND CORRECT COPY OF THE TRUST , AS IT MAY HAVE BEEN AMENDED , THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED - SPECIAL NOTICE NOTE : oN OR AFTER JULY I , I985 , THE COUNTY RECORDER � S OFFICE WILL CHARGE , IN ADDITION TO THE REGULAR RECORDING CHARGES , AN EXTRA $ ZO . 00 RECORDING FEE , UNLESS THE DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A �� PRELIMINARY CHANGE OF OWNERSHIP REPORT �� SIGNED BY THE TRANSFEREE OR IS ACCOMPANIED BY AN AFFIDAVIT SIGNED BY THE TRANSFEREE THAT THE TRANSFEREE IS IN FACT NOT A RESIDENT OF CALIFORNIA . OUR TITLE BILLING WILL BE ADJUSTED TO INCLUDE SUCH ADDITIONAL FEES WHEN APPLICASLE • TAX ADVANCE NOTE : IN ORDER TO PROPERLY APPLY ANY PAYMENTS FOR REAL PROPERTY TAXES IN AN EFFICIENT AND TIMELY MANNER , THIS OFFICE SHOULD BE SENT THE TAX BILLS WHICH ARE IN THE POSSESSION QF THE OWNER � S ) , PRIOR TO TNE CLOSE OF THIS TRANSACTION . THIS OFFICE WILL THEN $ E ABLE TO FORWARD SAID BILLS ALONG WITH THE NECESSARY PAYMENT • IT HAS BEEN DETERMINED THAT DELAYS IN CONFIRMING TAX PAYMENTS ARE GREATLY MINIMIZED WHEN THE TAX BILLS ARE FORWARDED TO THE L • A • COUNTY TAX COLLECTOR ALONG WITH THE REQUISITE PAYMENTS • • . � . � . . ' ' � � \ .. � ` ` \` i SCPLE I " . �00' � � � � � ��0 � � � / � SNEET � Of � SNr:EiS in� �ir G .,,,� ,<r .» • �� 'flice flla�ioc�ep�e�ted '�e�eit�ey �f fl.ms Aareles ��unt7 �"T "��" • �t � te of �alifosni� �` � � ' � � ��;;�:..��,`. :k":;,� .. �� _ - - �.�:; p ..,�/�... ,. .`v.,, i`` A°\ . � ,''rt�L_ < �^� j 1 �� 1�\ Jk�d � a I . F / i ti � _. l y'u .. : ' � -( � ., ' , st }+y . t � ,: . a � y o�, � � � / � `� 6� � � � ' yaE +J � �, � � � + bµ � +f P" tr� ."7 n�'� '�'° ,�'��?•a�, p��' ' o�� ` ���;+�"� l�t 3� r ; F' � , � � ,� ,� � ., �' l ,�, /a ,1, Va r �� ` ��'� �o f � p� < ' ,°��, ` M y / Qh o �d ��. ,� ,�+ �y / t '� � �'� b Y/ 1� r�P� � Pb �P T ; � � �� '` �' � ,� ,N ,p ��' .,� �+�+:�1 h �,� �b� ��� F�A / ° ��V Q� � �Ta j r % �'� � 1 a af ,' �+,� � '� i� �` "'°� � ,� e e � � • �+; �� C � � �� � �J , /j � ��.. `� ,� ,, ,+ i � i ' � / !� �`tC � i '�: r. �° i j'� : 'W � F ,,. N�, p, ���r /- '� f � � � � 4� ' +tX ' ��,..:� ` �� � e ..., 1 - I � � �� �{ � � �� � ���� t . . �ts� � .� ���'� . � � '`s�,�� M�, .�' r` `� � �\ �" '�r,�`,�,;. \ /" !�, p r° \ l: S ��t'� x �.,/ .�,,,,,.n,,, o• -S.>�' � ���„ -y •o,. � � t _ . r � �� ¢p �4 �� "y 'YC ^""' �wH i � ' y s �i'��' �� ( �� � 'A.� '� � � � I�... ` '{`���1 .� �j0 • � �� t � o � � , I ' �N� + � � � r , �� ` ? � �f ,•�r ��e { J�� �t +t�'�; '' PM�,� ��j• ��� - � l� � . C a.� �t�"� ���.: - �� . _ �: �. South Coast AIR QUALITY MANAGEMENT DISTR [CT 9150 FLAIR DRIVE, EL MONTE, CA 91731 (878) 572-6200 July 20, 1990 i I To the Maxors and Council Members of All Cities � in the South Coast Air Basin On June 28, 1990, the South Coast Air Quality Nlanagement District held its second meeting of the month in A.A. McCandless Auditorium at District Headquarters, 9150 F1air Drive, El Monte, California. Additionally, this Board Summary outlines the July 6, 1990 meeting that was also heid at District Headquarters. The following report highiights the most relevant actions of both meetings. June 28, 1990 Meeting , Board Hears Renort on the Eftects of Malathion Soravine At the April 6 Board meeting, Supervisor Harriett Wieder had requested staff to examine the air quality issues pertaming to the medfly eradication program and prepare a report to the Board. "I'his report included a status aeport on the activities of the Department of Health Services' Malattuon Task Force, as well as information on the interaction of malathion and criteria pollutanu. The recommendations and conciusion from this report were that although the pesticide is mixed with an insect bait and applied in large droplets, monitoring data mdicate that portions of the material are detected in ambient air after the spray episodes as a result of volatilizauon. The amount of pesticide in the air ap ars to increase with increasing ambient temperatures. As the malathion is oxidize�the proportion of the pesticide mix that is detectable as malaoxon (considered more toxic than malathion) increases. Preliminary results indicated that ozone levels may increase tre ar.:�s:: ^: pesiicd� ^ ,�::��? te *^=.���z��. er?�;�ena1 d2ta, m�t �ae *eeiewPd to determine the dose of this pesticide (includ'ug malaoxon) that could be received via inhalatioa However, the levbls at which malathion would be acutely toxic appear to be several orders of magnitude higher than doses that would be received from spray applications. District staff will continue to work with the Public Health Effects Advisory Committee to address exposure assessment and other unresolved issues regarding the potential heaith impacts of aerial malatkuon application. A compleie copy of this report is available by contacting the District's Public Inforination Center at 818/572-6283. Board Appmves Amea�ded Reaulation XIII - New Source Review: and.Rule 212 - Standards for Approving,permits The Boazd voted in favor of District staffs recommendation for amendments to Regulation XIII to comply with current State law, the Disuict's Air Quality Management Plan and the Califomia Clean Air AcK. The key provisions of the amended regulation are the establishment of specific air quality goals in Rule 1301 ; RECEIVED AUG 0 2 1990 ��� . -z- ��� � . �. the establishment of a tracking system to determine compliance with the Rule 1301 � � � .go�,ls; and the inclusion of an automatic mechanism in Proposed Amended • � ', > Rule 1310 which makes the regulation more stringent if the emission reduction � goals aze not met. Extensive public testimony centered on requests for ciarification „� of technical language and on the impact of the proposed amendmenu. �� ,� `'�Consequently, compromise language pertaining to the automatic mechanism opuons i�;was presented by staff and approved by the Board. t ""� Additionally, amendments to Rule 212 - Standazds for Approving Permits were � approved to maintain the current pubiic nodce procedures and to remove the conditional pernut to construct provisions for resource recovery projects, which had � �:�; only been used rivice in the past three years. Therefore, it was further approved that `"k,�� . ' Rule 213 - Standards for Permits to Construct: Air Quality Im�acts be rescmded. . �' This rule, and the other rules associated with ii, apply to pernut applications submitted prior to July 1, 1979. They were, therefore, no longer applicable. Board Rescinds Rules 203 1 - Spscial Permit Provisions• Rule 203.2 - Eli '�i ili o[ Comnensatory Emissions Reductions• Rule 204 1 - Soecial Permit Conditions• Rule 273 . 4tandard� for Permits to Operate• Rule 213.2 - De£nitions for Rules 213 and 213. 1: and Rule 213.3 - Additionai Standards for Permits to Construci and Operate , The above rules sei forth preconstruction review requirements for new, modified or relocated facilities to ensure that the operation of such facilities did not interfere with progress in attainment of national ambient air quality standards, and that future well planned ewnomic growth within the District is not unnecessariiy I restricted. They were rescinded because the new Regulation XIII superceded them. Board Apymves Amendments to Rule 1136(bl(31 (cl - Wood Products Coating and ' Rule 1151 (c) f3) - Motor Vehicle and Mobile EQuioment Non-Assembl�Line I Coatin�Operatians The approved amendments authorize the Executive Officer to allow the use of additional types of equipment to clean paint spray guns, if that equipment is equally effective in uunimizing Volatile Organic Compound (VOC) emissions as those rypes explicitly allowed in the rule. Additionally, the approved amendments will encourage the development and use of alternauve devices wluch are equally or more effective than those aiready allowed: ; July 6, 1990 Meeting _ � Board Approves Legislative Recommendations The Boazd approved support for the following legislation: SB 907 (Vuich) would, comm�ncing with the 1992 model year, provide for 10 percent reduction in the � . vehicie license fee for low-emission motor vehicles. It would require every auto dealer and lessor-reLailer to certify to the Department of Motor Vehicles whether a new motor vehicle is a low-emission motor velucle. Violations of these requirements would be a code infraction and subject to mone penalty. SB 2330 (Killea) would enact a two-stage Air Resources Boazd�ARB) program to control diesel emissions in existing heavy-duty velucle fleets of 10 or more vehicles. � By July 15, 1992, the ARB would be required to adopt regulations that require fleet operators to perform regulaz inspections for excessive smoke emissions and implement specific remedies for vehicles exceeding smoke emission standazds. -3- Reflort on the Clean Air Act • •- � ' Leon Biliings, the District'S federal legislative consultant, annpunced. thaL the prospecu for a pood Clean Air Act are dimmer because of the numberof Hotise conferees appotnted to negotiate with the Senate on a compromise bill. Additionaliy, the differences between House and Senate bills azc so numerous that like "ships in the rughc" they may well not be able to resolve them Mr, Bi11ings' pointed out that there is limited time for the Districi to influence the political process because the Fail elections are coming up and only six working weeks remain before the Congress recesses for the campaigns. Chairman Dingell wac identified as being the key player in passing a Clean Air Act. Billings noted that politicai pressure should be focused on Dingeil to neutralize his considerable clout over the legisiative process. The Boazd directed District staff to draft correspondence to the Califomia ' C4^�'essiona.! sielegafiens ex�ressing ?he L�is±rie:'s su��r; for lea�e:ship an� �'��.. compromise in order to pass an acceptable Clean Air Act this yeaz. Auamvai of Amended Rule 304 - Eauioment. Materials and Ambient Air Analy� �nd Rule 306 - Plan Fees The approved amendmenu consisted of the deletions of references to Rule 301. 1 - Permit Fee Rates which staff has proposed be rescinded, and the incarporation of the $75 houriy fee review rate currently listed in Rule 301 . 1 . There was no public testimony on these proposed amendmenu. Future Public Hearings and Events The Board's regular monthly meeting on August 3, 1990, will inciude public hearings on possible amendments to the following: ' Rule 1110 2 - Emi� io from eeou and �quid Fueled Internal Combu tion En�ines. The proposed amendments will consider requiring replacement of i uncontroiled engines with electric motors, requiri�g uncontrolled engine-generators to meet stringent NOx limitations, and requinng all diesel engines to meet similaziy stringent NOx limitauons. ' ( Rula 1102 - Petroleum Solvent Dry Clr.aners. The ropc�sed amendmgnts will impiemeni Control Measure A-1'� of the 1989 Air �ality"Management Plan and incorporate State Implementarion Plan revisions submitted by the Environmental Protection Agenry. It will reduce volatile organic compound emissions by requiring small users, currendy exempt fiom the requirements of the rule, to install solvent recovery dryers. It also includes provisions to reduce fugitive emissions and to facilitate enforcement of the rule. Reeulation XV - Trip Reducrion/Indirect Sou*cP• R » 1P 1504 - Fxemptio�: The pro�osed amendment to Rule 1504 - Exemptions will allow ciues and counties flexibility to write their own trip reduction ordinances without abrogating the District's Reguladon XV implementation responsibility. Rule 1162 - Poly�crPr Resin Oneratio�. The proposed amendments will extend the exemption of corrosion-resistant materials to July 1, 1992, and include clarifying language. i i � . i �_ �Aa . � � A PubHc Hearing also has been set for August 3, 1990, to receive commcnts vn a = proposal to Adopt Joint Resolution of the Kem County Air Pollution Control � � Disinct and the SCAQMI� in the matter of adoption of the PMlp State Y � Implementation Pian for the Antelope Valley PMio Planning Area I At this time two public workshops are scheduled for the monttis of July: and August. One will be on July 25 to discuss Fine Particulate (PM1p) Committal State � Implementation Plan for the Antelope Valley. The other is August 10 on Rule 1410 - Hazardous Fluoride Storage and Use. i ' i The dates for the Board's monthly committee meetings aze listed below. Please i note that all meeting dates aze sub�ect to change. Adminisuative Resources Committee ' Thursday, July 26, 1990 3 : 00 p.m, Room A100 Contact Dana Wilson (818 572fi340) Agenda Committee Friday, August 24, 1990 9:30 a.m., Room A100 . Contact Dana Wilson (818 572-6340) Intergovernmental Affairs Committee Tuesday, July 24, 1990 8 :45 a.m., Conference Call Contact Drue Ramirez (818 572-6281) ' Planning Committee ' Tuesday, August 14, 1990 ', 1 :00 p.m., Room A100 Contact Shazon Hendricks (818 572-2101) ; Interagenry AQMP Implementation Committee ' Monday, July 23, 1990 ' 3:00 p.m., Room 325 Contact Drue Ramirez (818 572-6281) i - J M E M O R A N D U M TO : Honorable Mayor and City Council FROM : David Schey , Planning Commission Chairman DATE : August 23 , 1990 SUBJECT : Televising the Planning Commission Meetings On behalf of the Planning Commission I am writing to inform you that the Commission is interested in lcoking further into the potential of allowing teievision coverage of cur meetings . Wtiiie the Commission would , of course , b � concerned with the p ,rocedures of such coverage , the concept of providing greater puol. � c access to the dacision making process utilized by the Commissien is seen as a ppsitive one . it is our unaerstanding tnat tne G � ty Cou � cil is presently reviewing the proce � ures by �r� hich Jvnes Intercabie would teievise Citv ��ouncil meetings . Since the same procedures woulo , undou6tealy , appiy to Piannin � Commission meetings , we :aill be i' nterested in the results of the CoGncils review . At tne appropriate point in time , we Eeould appreciate your directing stafT to report to us as to the particulars of such television coverage and the . City Councils views on th � appropriateneas af SUCPi coverage of Planning Commission meetings . DS : dp I � � � AGENDA NO . ------------------------------------------------------------------------------- CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA REPORT ' ------------------------------------------------------------------------------- ' ------------------------------------------------------------------------------- DATE : October 18 , 1990 MEETING DATE : October 22 , 1990 T0 : Honorable Chairman and Planning Commissioners ' FROM : James DeStefano , Director of Planni�Yi�� , ' �/ SUBJECT : Capital Improvement Program ( CIP ) BACBGROUND • The City Council has scheduled a joint study session for Tuesday , November 13 , 1990 , at approximately 6 : 00 pm . The purpose of the meeting is to review the initial draft of the Capital Improvement Program ( CIP ) and explain the roles and responsibilities of each Commission . In addition to the Planning Commission , the Parks & Recreation Commission and Traffic & Transportation Commission have been invited to participate . The City Council has asked that the draft CIP be presented to each commission for review and comment prior to the meeting of the 13th . ' Attached to this cover memorandum is an excerpt copied from the League of Cali - fornia Cities : Planning Commission Handbook which discusss capital improvement programming . Also attached is the Draft CIP ( in its present " rough " form ) , for your review . RECOMMENDATION • Staff recommends that the Planning Commission review the draft CIP and offer comments to the staff for City Council consideration . � \P75 Attachments � CITY OF DIAMOND BAR STRATEGIC PLANNING WORRSHOP September 27 , 1990 , OBJECTIVE : Capital Improvement Program ( Five Year ) • 1 . How is the objective de £ ined? ', The City Council determined that the development of a five year capital improvement program is an effective ' method for planning the allocation the City ' s financial and land resources . The capital improvenent program is intended to set forth the plan for constructing , repairing and maintaining the City ' s infrastructure , parks , buildings and other assets . 2 . What is the current status ? The staff has developed a format draft of a five year capital improvement program . 3 . Who is involved ? All City departments Commissions/ Committees City Council . 4 . When is the projected timeline for completion? March , 1991 is the anticipated completion date . This ori11 allow the first year of the CIP to be included in the FY ' 92 budget . II I� I 5 . What are the roadblocks ? The development of the financial resources ( future ) that provides consistent and predictable income . This is the foundation oP an effective capital improvement program . ' CITY OF DIAMOND BAR MINUTES OF CITY PLANNING COMMISSION MAY 14 . 1990 The Planning Commission of the City of Diamond Bar convened in a regular session at 7 : 00 p . m . in the Walnut Va17ey School District Board Meeting Room , 880 South �emon Street , Walnut , California . PRESEN7 : 4 COMMISSIONERS : Grothe , Lin , Vice Chairman Harmony , and Chairman Schey ABSENT : 1 COMMISSIONER : Kane ALSO PRESENT : 8i11 Curley , City Attorney Ron Kranzer , City Engineer Jack Istik , Assistant City Engineer Dennis Tarango , Acting Planning Director Robert Searcy , Assistant P7anning Director Dawn Anderson , Planning Technician Larry Weissman , Associats Planner Steve Koffroth , City Intern The Commission reviewed Commissioner Kane ' s Letter of Resignation . Mr . Curiey stated that it is not official until the Council acceots it . MINUTES - Chairman Schey asked the Commission to consider the Minutes of April 23 , 1990 . • Vice Chairman Harmony requested some changes . On Page 7 , the end of the first paragraph , sfiould read reinstate " instead " of " reinstated " . Next sentence , eliminate " states dedicate the right to " . Page 14 , third paragraph , mid- way reads Vice Chairman Schey but should read Vice Chairman Harmony . Page 15 , the word approvement should read approval . Motion was made by Vice Chairman Harmony and seconded by Commissioner Grothe to approve Lhe minutes with these amendments . MOTZON CARRIED unanimously . t DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY ' 14 , 1990 MATTERS FROM THE PUBLIC : Skip Burton , Contractor for homes in The Country Estates area. , Steve Faulk , Architect , stated that he has submitted plans to the building department , wnich have been approved but are now waiting for P7anning Department ' s approval . He has a cons � ruction loan and is ready to pull permits . He , stated that he was told that the PTanning Department could not accept the construction because now the City of Diamond Bar is using different criteria than the County of Los Angeles . The home he wishes to construct is similar to other homes in The Country . To further delay th. is will be putting a financial strain on himself because the construction period has already startad and there are limitations on the length of time a developer has . Sacretary Tarango stated that there have been 3 - story homes in the Country aporoved by the County but the current code does not appcove such a development , Mr . 8urton stated that the code identifies the Director of Planning to have the authority to waive this requirement . Mr . Curley stated that as a policy procedure , Mr . Tarango has made a decision and now the proper procedure is for the applicant to file an appeal to the Planning Directors decision . The Planning Director has made the finding that the proposed development does not conform to the currant code , and thereby can not be approved by the Planning Department and the zpplicant is directed to file a variance in order to appea7 this decision . The Commission instructed the applicant that ihey could not make a decision tonight due to the fact that it was not the scheduled time for the variance to be heard and as a result they have not yet received information pertaining to this Aroject . CONSENT CALENDAR : 1 . City Council Minutes - meetings of April 3rd and 17th , i990 . Motion was made by Vice Chairman Harmony and seconded by Commissioner Lin to approve the consent ca7endar . MOTION CARRIED unanimously . 2 DIAMOND BAR PLANNING COMMISSION ' MINUTES OF MAY 14 , 1990 DISCUSSION ITEMS : 1 . Economic and Feasibiiitv / Fiscai Impact Checkiist . The Planning Department has been asked to provide an Economic Feasib � 7ity / Fiscal Impact Checklist to be used during the review of development proposals . Because no economic development po7ic � es have yet besn devised for the City ' s General Plan , only a generic set of guidelines based on the principTe of economic analysis can be provided at this time . Secretary Tarango stated that at the previous Planning Commission meeting . there were some concerns regarding some hotels and big projects in the City . The Commission directed staff to create a checklist tnat will give the Commission guideiines to go by . Chairman Schey asked Larry Weissman , Associate P7anner , if he had knowledge of at what point a economic feasibility anaiysis should be required . Mr . Weissman stated that this is treated as a matter or dtscussion , basica77y this is set by the Planning Commission . There are some cases where tne Director of the Department might reGuire a feasibility study if a use of a particu7ar piece of property isn ' t justified in the extent that it is not probable that the project will be used for what the appiicant is proposing . He does not know of any set or rules pertaining to this issue of when and when not to require one . - . Chairman Schey asked if it would be helpful for staff to have - - - something Tike � his ? Mr . Weissman stated that it would be a function of staff to do feasibility analysis for each project as part of the initial study . He feels that the checklist might be something that provides the Commtssion with some basic direction in terms of organizing thoughts . Mr . Curley stated that his orfice has some concerns about Section A which looks more towards the consormance of ihe deve7opment . He handed out Section 15131 , part of the Environmental CEQA Guidelines . The analysis is clearly appTicabie from the Gity side , the effect on infrastructure ; what burden will it put on the City , etc . 3 DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14 , 1990 However , looking at it from the. likelihood of the success of ' the facility , is rea7ly outside the scope of both CEQA and the landuse approval . The Commission will be looking at how the project fits in with the environment not foreteiling whether it is going to be an economic success . Commissi. oner Grothe . stated that he did not find anything very concrete or definitive as �o both when it is triggered or what the resu7ts are . Mr . Weissman stated that determining the break even point , determihing how much money does the _project have to generate in order to be feasible , usually is a matter between the developer and the agency providing the financing for the project . When there is a project that comes in where the app7icant is not ab7e to indicate who the project is going io serve or where will they be coming from , then one might ask for some kind of indication from the agency financing the project that this particular project will attract a sufficient number of people . From the Planning standpoint , the Planners - wi17 focus in on whether or not the basics are there for the proposed business . They are more interested in the demographics rather than the fina� ces . The P7anning Department would be interested in knowing how many people are needed to patronize this project in order for it to be successful , and then Planning would identify whether or not the population is capabie of providing this number of patrons and whether the project is accessible by this population , how many other projects are there in the area , will there be enough demand to support the project in addition to the other developments that might be existing . There also might be cases when projects and the financing notwithstanding , the Commission might have questions as to whether anyone will actually use the project and this would be a time when a feasibility analysis would be re4uired . He was not aware of any ordinances covering how the feasibility study should be conducted or how to determine fisca7 impacts . There ara C �QA guidelines that deal with how the land will be impacted by the growth . Vice Chairman Harmony stated that this issue was brought up by the residents during the review of the hotel . He contacted the county to find out what their stance was Rertaining to this issue . The City ' s responses varied from not requiring them to requiring them on every hotel project . He felt that this issue should be given attention . 4 DIAMOND BAR PIANNING COMMISSION MINUTES OF MAY 14 , 1990 Commissioner Grothe felt that they should be able to give staff some direction or guidelines as to when they - would require it and when they would not . This would help the aAPlicants so that they don ' t get involved in the project and then find out one is required . Chairman Schey asked Vice Chairman Harmony when he contacted the different cities did Lhey indicate whether there was an actual ordinance or policy that directed their decision . Vice Chairman stated that the County did for any hotel with ? eSs than 100 units . Mr . Weissman suggested that through the deve7opment of ihe General Plan , this might offer some direction as to when a feasibitity study wouid be required . Chairman Schey suggested that staffi keep this issue tn mind when reviewing projects so as to when a project is submitted where the feasibility is questionable , they might request a feasibility study . Z . Heiaht Standards and Limitations . Staff feels that guidelines from the Commission will make determining height standards easier . Mr . Searcy stated that the current standards is an adoption of the unrevised version of the Los Ang7es County standards . Some of the areas in Diamond Bar have a topography that make conforming to the existing code difficult . ror exampie a developer wants to develop a house a certain size to make it profitabla based on the cost of the land . If they cannot conform io the code , the _ _ Diractor does not , because of that situation , have the power to use his discretion in making a decision . There is also the problem of usage of basements and cellars , The code states that a residence may be constructed of 2 floors and a cellar . A cellar is the bottom livable area with more than 50% undar grade . A basement is defined as the oottom floor with more than 50 % over grade . The county has revised their standards to de7ete any re �Ference to stories . Staff feels that maintaining the 35 foot height limit is within reason , without using reference to the f7oors wi17 a17ow for greater flexibility in architectural styling . The new County Code deletes any reference to Director ' s approval for c2rtain types of hardships . It states that if the applicant wants to supersede the ordinance , the applicant must come before the Commission and Council with a variance application . Staff recommends that the City of Diamond Bar amend the existing ordinanc so that it rerlects both components of the existing and revised County of Los Angeles Ordinance . 5 DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY ' 14 , 1990 3 . Flood Control Mana9ement Practices . Jack Istick stated that this item is brought before the Commission as an informational item . The City is in the process of obtaining its own F7ood Insurance Rate Map . A resolution and a first reading of the Ordinance before the City Council : The second reading of the Ordinance wiii occur after the Ordinance has received approval by the Federal Emergency Management Agency . At that time the City can address the on7y area which is currently mapped to be subject to flooding during a 100 year storm , this is generaly the northeast and northwest corners of the intersection of erea Canyon Road and Lycoming Street . 4 , Preparation for Sian Ordinance . Secretary Tarango statEd that this is an discussion item and that staff plans to provide additional information at the June 25th Planning Commission meettng . Commissioner Schey stated that he prefers to prepare a draft ordinance prior to holding a public hearing on this item . The Planning Commissien directed staff to schedule this item o � - tne June 25th Planning Commission meeting . PUBIIC HEARING : 1 . Zone Chan9e / Conditional Use Permit 88 - 555 , A Zone Change f rom A- 7 - 15 , Oa0 ( Light Agricultural - 15 , 000 square foot min . lot size ) to C - 3 - DP- BE ( Unlimited Commercial - Development Program - Billboard Exclusion ) and Conditional Use Permit to ailow a 100 room hotel on 2 . 3 acres . The sita is located at 1035 1 / 2 Banning Way , Diamond Bar , Ca . Staff recommends continuance of the item to June 11th meeting due to a lac � of information on the applicant ' s part . Those in Favor : Tnere were nqne Those in Ooposition : There were none 6 DIAMOMD BAR PLANNING COMMISSION MINUTES OF MqY 14 , 1990 Public Hearinq Ciosed : Motion was made by Chairman Schey and seconded by Vice Chairman Harmony to continue 89 - 555 to June 11 , 1990 , if the applicant is not prepared on June 11th , the Commission will have the option of denying the project . MOTION CARRIED unanimous7y . , Chairman Schey asked to move Item No . 3 Lo Item No . 2 due to the fiact that he has to Teave at 9 : 00 p . m , and Commissioner Grothe has a conflict of interest with Fiie Nos . 89 - 440 and 90 - 0036 and has been directed by the City Attorney to step down from the podium . If Chairman Schey is not here , there will not leave a quorum . 2 . Zone Chanae 90 - 0036 and Conditiona7 Use Permit 89 - 440 , A Zone Change from M- i - DP- BE ( Light Manufiacturing - �evelopment Program - Billboard Exclusion } to C1 - DP- SE ( Restricted , Business - Devel' opment Program- 6illboard Exciusion ) , and a Conditiona7 Use Permit to allow a 3 story hotel 135 . room hotel , a 200 seat res � aurant , a 70 seat fast food restaurant with drive through , two retail shop buildings tota7ing 21 , 000 square feet , and three signs in excess of six feet above grade . The site is iocated on the east side of 8rea Canyon Road between Interstate 60 and Lycoming St . Diamond Bar , Ca . Mr . Tarango stated tnat he met with the applicant ' s traffic engineer , the City Engineer and Vice Chairman Harmony to discuss the mitTgation measures . PUBLIC HEARING : Ken Spear stated . that they have submitted those items requested by the Commission at the previous meeting . The applicants are also requesting that the easterly sign be increased from 75 square feet to 95 square feet . Staff has recommended deletion of the eastern sign replacing it �Nith a wall sign . The applicants want to keep this sign due to its view from the 57 Freeway . The two po12 signs are about 1060 feet apart . Mr . Kranzer recommended that the subject property provide for a possible future reciprocai ingress and egress . A system that includes the existing traffic signaTs at the on and off ramRs of the 60 Freeway and Brea Canyon Road , lycoming St . and Colima can be modifisd if deemed necessary as part of the systam . 7 DIAMONp 8AR PLANNING COMMISSION MINUTES OF MAY 14 , 1990 Rock Miller , the applicant ' s eng.ineer stated that it wou7d nat be difficult to tie all the signals together in that vicinity . Those in Favor . Joe Han , 826 f / 2 Silver Fir , stated that he is p ] eased with the changes in the .project . Chairman Schey indicated that the Commission has received ' letters from Lynn and Donald 8riggs , 2350 Oakleaf Canyon , Walnut , and John Delripple , 21135 Lycoming St , Diamond Bar , stating that they are in favor of the project . They also received a petition firom C7a�dia Yeager addressing the concern of privacy and requesting an eight foot high wall be approved to be constructed along Fiood Gontroi Channei . Those in Opposition . Don Schad , 1824 Shadedwood Road , Walnut , requested that the Commission keep the intensity of signs to a minimum in order to keep the light pollution to a minimum . Joanne Rogan , 1144 S . Crofter , Walnut , � "stated that she opposes the project because she ' does not reel that the City needs another hote7 . She wou7d like to see assurance that there is a need for this additional hotel . She was concerned with the traffic issue . She was also concerned with the homeowners view oF the proposed sign . Claudia Yeager is not in opposition of the project , but asked if a decision � as been made as to the wall and if undec / ground _ __. . wiring is proposed . Chairman Schey stated that this is standard . Public Hearina Closed . Harmony stated that he met with the engineers . Marriott provided the Commission w � th feasihi7ity marketing study . Monday they met with 2 members of the traffiic Commission . , staff and the applicant ' s traffic engineer and went over the pr000sed changes to the int2rsection . The mitigating mea5ures will keep the traffic from 9etting worse and wiTT improve oarts of the traffic coming off of � ycoming . City Traffic Engineer indicated that inclusion of a signal on Colima will make 3 lights linked together . + he TraY' fic Engineer has added a left hand turn north bound on Brea Canyon . e DIAMOND BAR pLANNING COMMISSION MINUTES OF MAY ' 14 , 1990 The parking under the bridge will be e7iminated and expanded ' in order to gain a left turn pocket at this location and doing the same on the other side in order to turn left onto Colima going south . This will result in linking all three intersections together . Chairman Schey asked Mr . • Kranzer if it would be feasible , given the left turn pocket , to create a raised median . Mr . Kranzer stated that this would be feasible but wou7d create a physical barrier restricting cars to turn into the sites along the street . He did ttot feel that this would be a problem . Requiring double iines migh "t be implemented if there is a problem with cars entering into the pre- school parking lot . Mr . Kranzer watched the traffic at this intersection this morning and only 1 car turned into this location . Mr . Tarango stated that an eight ( 8 ' J foot wa77 might invite graffiti and suggested considering the possibility of integrating iandscaping into this wali . Motion was made by Chairman Schey and seconded by Vice Chairman Harmony to approve Zone Change 90 - 0036 and Conditional Use Permit 89 - 440 subject to conditions listed by staff , the conditions of approval by the City Engineer including the Colima and Srea Canyon intersection signalization coordination , with consideration to a iie- in to the Co } ima and 60 east bound off - ramp signaiization , extension of the turn pockets under the bridge , installation of an eight _ _ __ _ ( 8 ' ) foot wa77 and appropriate 7andscaping on the north boundary and limiting the applicant to one freeway sign , ieaving this to the appiicant ' s discretion to choose which sign they wish to delete . Mr . Curley stated that the resolution snould reflect that the Conditional Use Permit approval is conditional and subject to the City Council approving the Change of Zone . Sec � ion 3C of the resolution needs to have added " provided tnat the City Council approve and aaopt the recommended change of zone " . At the end of the resolution , Section 6 would become 7 and add a section 6 " Conditional Use Permit approval is subject to and cor, L � ngent uAon fina7 adoption of the Change of Zone " , Mccion was made by Chairman Schey and seconded by Vtce Chairman Harmony to include this amendment and to include subject to issuance of Cal - trans permits . This approval did not to include the wall sign . MOTION CARRIED unanimously . 9 DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY ' f4 , 1990 3 . Conditional Use Permit 89 - 528 and Environmental Assessment , ', this reauest is to develop a multi - tenant commerciai project tota77ing 99 , 325 of gross floor area on 4 . 8 acres of land in Zone C3 - DP ( Uniimited Commercial with a Development Program Overiay ) located at the southwest corner of Grand Avenue and Brea Canyon Road . Mr . Searcy listed some of Lhe items that needed to be addressed . McDonalds submitted their sign program in addition to the tota7 project sign program . Page 2 of staff report contains both the parking calculations in Section E and the freestanding sign information in Section F . Their provided parking exceeds the required parking by 20 spaces . Within this calculation , does not include any of the parking which may be provided in the 2 1 / 2 story parking structu.re . This the existing parking on - site now reflective of transferring some ofi Lhe storage and display of cars to the parking structure and the addition of the parking within the additional 4 parcels . Based upon �ne frontage that is allowed for this type of a center , the applicants are allowed a maximum signage of i , 620 square feet possible . At tnis time they are proposing a total of 898 square feet , There has been an addendum to the traffic report submitted to the Traffic Engineer for his comments which are included in the agenda package . There has been 2n addendum to the line of sight which refiects the distance from which one can see every major structure on the site and also the signage which is also included in the agenda package . Addit9onal7y , there was a concern voiced at the last meeting about noise produced and how it would impact the structures on - site . _ The noise _ , _ _ . produced by the car wash is less than the current noise produced by the Freeway during various time periods throughout the day . One oT the conditions was tMe � nclusion of certain sound barriers built into the structures that are proposed on - site . The car was will not in any way increase the production of sound existing at that site . Chairman Schey stated that some of the concerns raised at the last meeting were the parking calculations and the aesthetic anpearanca of the facility . Pub7ic Hearina Open : Russ Hand , Owner of Diamond Bar Honda and the prooerty at that iocation , 525 S . Grand , asked that this project be brought to a vote tonight to enable him to go onto the City Council . 70 DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14 , t990 Those in Favor : There were none . Those in Ooaosition : Fred Jans , 2683 Shadey Ridge , Diamond Bar , one of the owners of the carwash that was proposed for Brea Canyon which was denied . He asked if the applicant of this project was required to present a sound and traffic studies . He wanted to make sure they were reviewed by the same criteria . Chairman Schey stated that the applicant of the expansion of the Honda Dealership was required to submit a traffic study . Information from Cal - trans and readings taken at the site pertaining to noise were included in the staff report . The applicant was not required to conduct a sound study due to the fact that th .is project is not adjacent to any residential . Vice Chairman Harmony wanted to state for the record that he asked for a sound study for this project . Joe LaRitta , 2546 Sunbright Dr „ Diamond Bar , wanted to address the signs along the Freeway . He is concerned that there was an ordinance pass2d many years ago that stated t � at biliboard signs were not a7lowed . He asked the Commission to consider the signage as it can be seen by residents and people traveling along the Freeway . Public Hearina Closed , Chairman Schey stated that he is satisfied that the traffic issues have been addressed , the parking calculations seem to be approoriate . His major concern is with the 50 foot oylon sign . The applicant has deleted the reader board from the pylon sign . Grothe proposed that they accept the oroject as recommended by staff with the limitation that the pylon sign is no higher than 25 feet above top of the curb . it DIAMOND 8AR PLANNING COMMISSION MINUTES OF MAY 14 , i990 - Vice Chairman Harmony stated that accordina to the sign regulations they are allowed a large amount of signage . He is satisfied with the sign as proposed especially without the r � ader board . . The applicant indicated that this sign will be internaily iit . Vice Chairman Harmony stated that he did object to the tower built onto the McDonalds Restaurant . He would like to proposed that in the motion it be deTeted . He asked the applicants where they olanned to have the . employees and the customers park their cars . The applicant indicated that they do plan for tne curbs along ' Brea Canyon to marked red in the future . The par � ing structure is proposed to be used for service vehicles , new vehicles and their employees . Vice Chairman asked ir it would be aqpropriate to allow for code striA � n9 on the first floor only . The apolicant indicated that their intent for the first fioor was to prepare for delivery new vehicles and washina of any used cars or customers ' cars being serviced . empToyee vehicles and cars larger than compact size will probably be on the very top floor . If they were going to call for re - striping to a71ow for larger cars , then it would probab7y be more appropriate on the top floor . �Iice Chairman Harmony stated that his concern was that there be adeauate parking for customers on - sita . The applicant stated that the addition of the parts d � partment ._ _ w971 not cai7 for additional parking , They currently have off- site storage facilities and the parts department will only bring this inventory on - site . Tnis wili not generate a need for additional traffic . The parking structure will allow them to house some of the extra display Hondas which will allow more room on - site for customers to park . There are a limited number of models and colors for Hondas which enable them to on ? y disp7ay a small array of cars . Commissioner Grothe as � ea the applicant ir" the parking structure will not allow for 2ny public parking . The applicant indicated that it will not . Commissioner Lin asked the applicant to restate the location of the freestanding signs . The applicant brought forth a model of the proposed site , Secretary Tarango stated that more than one wall sign wouid be permitted if the signs are oriented to two different frontages . 72 DIAMOND 8AR PLANNING COMMISSION MINUTES OF MAY 14 , 1990 Mr . Curley stated that in the body of the ordinance there is reference to a proposed future office site . He recommended deletion of the statement . This pad will have to come back before the Commission for review , to designate it as a future office site will only confuse issues in the future . Motion was made by Commissioner Grotne and seconded by Commissioner Lin to adopt the project as recommended by staff including the deletion or any reference to Parcel No . 4 and the regulation that the monument sign be no higher than 25 feet above the closet adjacent curb on Grand Avenue and that Parcel 4 be landscaped and main 'tained on Parcel No . 4 , and the recommendations by the Traffic Engineer . An amendment was made by Vice Chairman Harmony and seconded by Chairman Schey to eliminate the tower structure attached to the proposed McDonalds Restaurant . Commissioner Grothe stated that this will put the top of the McDonalds Restaurant at about 10 feet above street level and thus the sign at street level . He felt that this building gave the project an architectural step down into the buildings as a whole . - Chairman Schey stated that his concern was that the tower did not look proportional io the building . The applicant brought forth the model of the project again so that the Commission could look at the tower proposed fior the McDonalds restaurant . The applicant stated thaL they felt the tower was necessary due to thz fact that patrons traveling on Grand can not see the pylon signs . The McDonalds pad elevation is below the street levei . Chairman Schey stated that the tower visually looked fine when reviewing the model . Chairman Schey called for a vote : AYE : Vice Chairman Harmony NAYES : Chairman Schey , Commissioner Grothe , Commissioner Lin MOTION FAILtG . Chairman Schey called for a vote : AYES : Chairman Scney , Commissiorer Grothe , Commisisoner Lin NAYES : Vice Chairman Harmony MOTION CARRIED . 13 � � ; DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14 , 1990 ANNOUNCfiMENTS : Commissioner Grothe discussed the issue of prioritizing a list of issues that the Commission needs to review . Staff stated that they were currentiy working on this . Chairman Schey asked that this list be given to the Commission sometime between this meeting and the next meeting . Secretary Tarango stated that one of the priorities is s7gns and parking . SCaff has contacted Trans America regarding the CC & Rs regarding their requirements and this information wiii be forNarded to the Commission . ADJOURNMENT : Sacretary Tarango asked , prior to adjournment or" r2gu7ar meeLing , to talk to the Commission about adjournmer, t to a specia � meeting on Thursday , May 24th . Mr . Curley stated that the City is lookjng at its upcoming budget for the uA - coming 1990 - 91 year and has " "a capital improvement program . Government ��ode requires that the Planning Commission make recommendation or inform the Counci7 whether the Caoital Improvement Program is in conformity to the proposed G2nerai Plan . It was determined that this meeting will be a speciai meeting instead of a r = gular meeting . There being no further business to come before the Commission , Motion was made by Chairman Schey and seconded 'oy Comrriissioner Grothe and carried unanimousiy tq adJourn the meeting at 9 : 4q p , m , to the special meeting scheduled on May 24 , 1990 to be held at City Hall , 21660 East Copley Drive , Suit2 190 , Diamond 9ar , Califor � ia at 7 : 09 p . m . David Schey Chairman ATTEST : Dennis A . Taranao Secretary , Planning Commissian 14 STAFF REPORT DATE : JUNE 25 , 1990 TO : Chairman and Members of_ the Plannina' Commission FROM : Dennis A . Taran� o , Actin � PlanninQ Director BY : Robert Searcy ' Assistant Plannin � Director SUBJECT : ENVIRONMENTAL ASSESSMENT AND VARIANCE 90 0054 : An application for the construction of an approximately 4 , 500 square foot , three story , �. sin�' le family residence ( SFR } in excess of 35 ' above averahe finished grade ( AFG ) , on a . 98 acre lot located at 2108 Rusty Spur � oad in Zone R- 1 - 40 . 000 of The Country Estates . I . PROJECT AND SITE DESCRIPTION : A . REpUESTED ACTIc) N : Issuance of a Ve � ative Declaration and approval of a V" ariance to allow the construction of a SFR in escess of 35 ' above AFG with three floors . Related to this application and filed subsequent to scheduling' this hearin � , an Oak Tree Permit to remove � oaks on the site is also requested . Seventeen oaks � re sited to remain undisturbed . B . StiRROlitiDING L�ND L' SE aND 'LOVING_ �ORTH - Zone R - 1 - 40 , 000 Vactint land , steep slope in eicess of a 2 : 1 incline . SOliTH - Zone R - 1 - � 0 , 000 Sin� le Yamily residences separated from project by Rusty Spur Rd . EAST - Zone R- 1 - i0 , 000 Sing' le family residence . WEST - Zone R - 1 - 40 , 000 Single family residence . C . COPI�IL'NITY PLAN DESIG�QTION : Project Site : Urban 2 North - Urban 2 Soi,tth - Urban 2 Bast - lirban 2 (^iest - lirban _ D . SITE CHak.� GTERISTICS : The rectan ;' ula. r site is appro �. imately one ( 1 ) acre in size . The net buildable area is ver � limited due to the topography of the lot . The lot drops from the street at a 2 : 1 ratio for . approximately 10 to � 15 feet then taper � somewhat more gently for a short distance . At appro :iimately 20 to 25 feet from the front property � ine the lot be � ins to slope dramatically into a ravine of oak trees and scrub brush . The lot possesses approsimately 185 ' of frontage on Rusty Spur Rd and the SFR is designed to conform to esistin � setback requirements of the City and also to relevant CC &R ' s . II . ANALYSIS : A . General : The application is to construct a � , 500 square foot SFR on a lot that requires considerable grading in order to create a pad for a residence of this size . Use of a retainin� wall will be necessary at each elevation except the front , in order for the pad to be created . In the grading phase , to achieve this pad , 5 e � isting oak trees will have to be removed . Diaring the initial plot plan review stage , the � PPlicant was notified tna 't the submitted design exceeded the City ' s hezgh � and floor reqccirements . The applicant redesigned the residence but the redesi � n is three full floors and is also � 1 ' above average finished � rade . The applicant requested the Director to administratively approve the application based on topography , other existing SFR residences in The Country of similar desi � n , and the � eveloper ' s need to masimize profit on the pro ,j ect . The Director declined to approve the request based on the standards set forth in the ordinance . The applicant then exercised the variznce procedure in order to appeal the denial . In processin �' the applicant ' s initia. l study� , the applicant stated no oa4 trees were located on the site . St .� ff , based on the inf' ormation provided by the zpplicant , issueci a Notice of Intent to f' ile a Ne � ative Declaration . Durin � an additional site review , staff identified oak trees on tne site locate �l in areas that were likely to be impacted by subsequent decelopment of tne site . The trees were cerified as oak trees py the Director oY Part; s and �laintenance , i: narles Janie � . T :�e applic �a.nt was notified that an oak tree DermiY wo �il. ci be reciuir � d for t. he project , at which time an Oak Tree Fermit application was submitted to the Plannin �' Dept . ihat applia� tion , submitted Jttne 1 -� , 19a0 , is currently being processed . B . Concerns : Compliance caith development standards and goals of the proposed General Plan , esthetics and compatibiiity with surroundinb land uses , and coexistin � with natural habitat with minimal ' environmental impacts . Compliance to development standards / General Plan : The current code does not allow for the ' construction of a residence in Zone R - 1 to exceed . two ( 2 } floors and a cellar or one floor above a basement . Currently the hei � ht determination is under reviecv b � the Pl �znning Commission . The standards which are beinn created would provide for a three floor residence but the hei5' ht limit of 35 ' above avera � e finished grade will remain consistent � The residence , caith the current desi � n , would e � ceed the 35 ' hei � ht limit . Com� atibility : The proposed residence is similar to other residences in The Countr ,y . In the past , man ,� projects were approved throush Los An �' eles County Regional P � annin � that would not be approved under current interpretations of the zoning ordinance . In the immediate vicinity of the Proposed project , there are no residences that exceed the requirements of the zonin� ordinance . Al1 the residences in the vicinity , including the residence current2y tender construction , are two floors and a cellar . The pro ,ject is a low intensity use that will generate heavy equipment trafi' ic durin� the construction phase of the pro ,ject . The eonstrtiction equipment is limit � d to hours of operati � n between hours of '7 : (l0 am to 6 : 00 pm . The proposed pro .ject will create sound esceedin� the current levels , 6ut only durin ;' the construction phase of the pro .ject . Limiti_ na� ue � ative im� acts to the exi5tin � habitat_ There are numerous protected oak trees on the pro .ject site and are to be protected under the Cit �r ' s Oak Tree ordinance , any construction th :nt affects ,an oak tree , ihrou � h encroachment into the dripline , root system , or actual removal of the tree , must receive prior revie �v and approval . The miti � .� Lion me .� sures ir. clLide replacer.ient r1t a ratia of at least 2 : 1 or relocation of' affEct � d trees on site . Additionally , the area extendin7 five ( h ) feet besond the dripline must be fenced during anT �' radind in order to maintain the integrity of the root system . ��. ITI . FACTS OF FINDINGS : l . That because of special circumsta,nces or eYceptional ' characteristics applicable to the property , the strict applicatzon of the code deprives such property of the privileges enjoyed by other propert ,y in the vicinity and under identical zonin � classification ; and 2 . That the adjustment authorized will not constitute a grant of special privile ' e inconsistent with the limitations placed upon other properties ir_ the vicinity and zone in whzch the property is situated ; and 3 . That strict application of zonin� reg' ulations as they apply to such pro �perty will result in practical � difficulties or unnecessar ,y hardships inconsistent with the general purpose of such re � ulations and stand � rds ; and � . That such ad ,justment will not be materially detrimental to the public health , safety or �' ener � I welTare , or to the use , en ,joyment or vaivation of property of other persons locatec3 in the vicinity . IV . CORRESPONDENCE : - This item has been advertised in the San Gabriel Tribtine and ProQress Bulletin newspapers as a public hearing . Votices have been sent to property owners within a 700 foot radius of pro .ject site � V . RECOMMENDATION : Staff recommends that the Plannin �' � ommission Consider all the data , input and elements of Variance 90 - 005 � and delay final action until such time that the Oak Tree Permit has been adequately processed . Additi. onail ,y , issuance of a Neaative Declaration should oceur fol :Lotair.�' determination of com� liance with the Qak Tree Permit .