HomeMy WebLinkAbout12/10/19
PLANNING
COMMISSION
AGENDA
December 10, 2019
6:30 PM
The Windmill Room at Diamond Bar City Hall
First Floor
21810 Copley Drive
Diamond Bar, CA 91765
Copies of staff reports or other written documentation relating to agenda items are on
file in the Planning Division of the Community Development Department, located at
21810 Copley Drive, and are available for public inspection. If you have questions regarding
an agenda item, please call (909) 839-7030 during regular business hours.
Written materials distributed to the Planning Commission within 72 hours of the Planning Commission
meeting are available for public inspection immediately upon distribution in the City Clerk's office at
21810 Copley Drive, Diamond Bar, California, during normal business hours.
Chairperson Naila Barlas
Vice Chairperson Frank Farago
Commissioner Jennifer "Fred" Mahlke
Commissioner Kenneth Mok
Commissioner William Rawlings
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City of Diamond Bar
Planning Commission
MEETING RULES
PUBLIC INPUT
The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public
may address the Commission on the subject of one or more agenda items and/or other items of which
are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to
address the Commission should be submitted in writing to the Secretary.
As a general rule, the opportunity for public comments will take place at the discretion of the Chair.
However, in order to facilitate the meeting, persons who are interested parties for an item may be
requested to give their presentation at the time the item is called on the calendar. The Chair may limit
individual public input to five minutes on any item; or the Chair may limit the total amount of time
allocated for public testimony based on the number of people requesting to speak and the business of
the Commission.
Individuals are requested to conduct themselves in a professional and businesslike manner.
Comments and questions are welcome so that all points of view are considered prior to the
Commission making recommendations to the staff and City Council. When speaking, please direct your
questions and comments to the Commission, not to staff or other members of the public.
In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be
posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject
matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission
may act on item that is not on the posted agenda.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the
Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall
and the public library, and may be accessed by personal computer at the contact information below.
Every meeting of the Planning Commission is recorded and duplicate recordings are available for a
nominal charge.
ADA REQUIREMENTS
A cordless microphone is available for those persons with mobility impairments who cannot access the
public speaking area. The service of the cordless microphone and sign language interpreter services
are available by giving notice at least three business days in advance of the meeting. Please telephone
(909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and
4:30 p.m., Friday.
HELPFUL CONTACT INFORMATION
Copies of Agenda, Rules of the Commission, CDs of Meetings (909) 839-7030
Email: info@diamondbarca.gov
Website: www.diamondbarca.gov
CITY OF DIAMOND BAR
PLANNING COMMISSION
December 10, 2019
AGENDA
Next Resolution No. 2019-17
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Jennifer "Fred" Mahlke,
Kenneth Mok, William Rawlings, Frank Farago,
Vice Chairperson, Naila Barlas, Chairperson
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the
Planning Commission on any item that is within its jurisdiction, allowing the public
an opportunity to speak on non-public hearing and non-agenda items. Please
complete a Speaker’s Card for the recording Secretary (completion of this
form is voluntary). There is a five-minute maximum time limit when
addressing the Planning Commission..
3. APPROVAL OF
AGENDA:
Chairperson
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and
are approved by a single motion. Consent calendar items may be removed from
the agenda by request of the Commission only:
NONE.
5. OLD BUSINESS:
6. NEW BUSINESS:
7. CONTINUED PUBLIC HEARINGS:
7.1 Conditional Use Permit No. PL2017-139 - Under the authority of DBMC
Section 22.58, the property owner and applicant are requesting a
Conditional Use Permit to increase medical office uses from 11,634
square feet to 16,850 square feet located within a 35,687 square-foot
DECEMBER 10, 2019 PAGE 2 PLANNING COMMISSION
professional office building; and construct three tiered, 6 -foot high
retaining walls and add 19 new parking spaces. The subject property is
zoned Professional Office (OP) with an underlying General Plan land use
designation of Commercial Office (CO). (Continued from October 30,
2019)
PROJECT ADDRESS: 750 N. Diamond Bar Blvd.
Diamond Bar, CA 91765
PROPERTY OWNER: Johnney Y. Zhang
Zhang Group
750 N. Diamond Bar Blvd., Suite 188
Diamond Bar, CA 91765
APPLICANT: Howard Zelefsky
9735 La Capilla Ave.
Fountain Valley, CA 92708
ENVIRONMENTAL DETERMINATION: The project has been reviewed
for compliance with the California Environmental Quality Act (CEQA).
Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to Article 19
under Section 15301 (Existing Facilities) and Section 15311 (Accessory
Structures) of the CEQA Guidelines. No further environmental review is
required.
RECOMMENDATION: Staff recommends that the Planning Commission
approve Conditional Use Permit No. PL2017-139, based on the Findings
of Fact, and subject to the conditions of approval as listed within the draft
resolution.
8. PUBLIC HEARINGS:
8.1 Variance and Minor Conditional Use Permit No. PL2019-122 - Under
the authority of DBMC Sections 22.54 and 22.56, the property owner and
applicant are proposing to construct a 1,600 square-foot patio at the north
(front) and west sides of an existing 3,871 square-foot restaurant (Jasmine
Grill). A Variance is requested to allow a reduction in the required distance
separation between the outdoor dining area and residential uses to 85 feet
(where 200 feet is required) and a Minor Conditional Use Permit is
requested to allow outdoor dining within the proposed patio. The subject
property is zoned Community Commercial (C-2) with an underlying
General Plan land use designation of Commercial (C).
PROJECT ADDRESS: 21130 Golden Springs Dr.
Diamond Bar, CA 91765
PROPERTY OWNER: Gary K. and Anna M. Malkhasian Trust &
Shaunt Trust
DECEMBER 10, 2019 PAGE 3 PLANNING COMMISSION
11534 Dellmont Dr.
Tujunga, CA 91042
APPLICANT: MHD Marwan Almannini
6 Monitor
Irvine, CA 92620
ENVIRONMENTAL DETERMINATION: The project has been reviewed
for compliance with the California Environmental Quality Ac t (CEQA).
Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to Article 19
under Section 15301 (Existing Facility) of the CEQA Guidelines. No
further environmental review is required.
RECOMMENDATION: Staff recommends that the Planning Commission
approve Variance and Minor Conditional Use Permit No. PL2019 -122,
based on the Findings of Fact, and subject to the conditions of approval as
listed within the draft resolution.
8.2 Development Review and Tree Permit No. PL2019-42 - Under the
authority of Diamond Bar Municipal Code Sections 22.48 and 22.38, the
applicant and property owner are requesting Development Review
approval to construct a new 31,458 square -foot, single-family residence
with a 2,100 square-foot garage, an 800 square-foot porte cochere and
8,675 square feet of balcony area on a 8.51 gross acre (370,696 gross
square-foot) undeveloped site. A Tree Permit is also requested to remove
three protected California black walnut trees that are in fair and poor
health and replace with nine coast live oak trees on site. The subject
property is zoned Rural Residential (RR) with an underlying General Plan
land use designation of Rural Residential.
PROJECT ADDRESS: 2244 Indian Creek Road
Diamond Bar, CA 91765
PROPERTY OWNER: Henry Hua
19811 Colima Rd #201
Walnut, CA 91789
APPLICANT: Pete Volbeda
164 N 2nd Ave, Suite 100
Upland, CA 91786
ENVIRONMENTAL DETERMINATION: The project has been reviewed
for compliance with the California Environmental Quality Act (CEQA).
Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to Article 19
under Section 15303 (a) (new construction of a single-family residence) of
the CEQA Guidelines. No further environmental review is required.
DECEMBER 10, 2019 PAGE 4 PLANNING COMMISSION
RECOMMENDATION: Staff recommends that the Planning Commission
approve Development Review and Tree Permit No. PL2019-42, based on
the Findings of Fact, and subject to the conditions of approva l as listed
within the draft resolution.
9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
10. STAFF COMMENTS / INFORMATIONAL ITEMS:
10.1. Project Status Report
11. SCHEDULE OF FUTURE EVENTS:
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
Thursday, December 12, 2019, 6:30 pm
CANCELLED - Adjourned to Thursday,
January 9, 2019
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
CITY COUNCIL MEETING: Tuesday, December 17, 2019 – 6:30 pm
South Coast Air Quality Management
District Auditorium
21825 Copley Drive
PLANNING COMMISSION MEETING: Tuesday, December 24, 2019
CANCELLED
In observance of the holiday, city offices
will be closed. City offices will re-open on
Thursday, December 26, 2019.
CHRISTMAS HOLIDAY: Tuesday, December 24 and Wednesday
December 25, 2019
In observance of the holiday, city offices
will be closed. City offices will re-open on
Thursday, December 26, 2019.
PARKS AND RECREATION
COMMISSION MEETING:
Thursday, December 26, 2019, 6:30 pm
CANCELLED - Adjourned to Thursday,
January 23, 2020
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
NEW YEARS DAY HOLIDAY: Wednesday, January 1, 2020
In observance of the holiday, city offices
will be closed. City offices will re-open on
Thursday, January 2, 2020.
DECEMBER 10, 2019 PAGE 5 PLANNING COMMISSION
12. ADJOURNMENT:
CITY COUNCIL MEETING: Tuesday, January 7, 2020 – 6:30 pm
South Coast Air Quality Management
District Auditorium
21825 Copley Drive
WINTER SNOW FEST: Saturday, January 11, 2019
8 am – 2 pm
Pantera Park
738 Pantera Drive
PLANNING COMMISSION
MEETING:
Tuesday, January 14, 2020, 6:30 pm
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 7.1
MEETING DATE: December 10, 2019
CASE/FILE NUMBER: Conditional Use Permit Planning Case No.
PL2017-139
PROJECT LOCATION:
750 N. Diamond Bar Boulevard
Diamond Bar, CA 91765 (APN: 8706-002-055)
GENERAL PLAN DESIGNATION: Commercial Office (CO)
ZONING DISTRICT: Professional Office (OP)
PROPERTY OWNER:
Johnney Y. Zhang
Zhang Group
750 N. Diamond Bar Blvd., Suite 188
Diamond Bar, CA 91765
APPLICANT:
Howard Zelefsky
9735 La Capilla Ave
Fountain Valley, CA 92708
SUMMARY:
The applicant is requesting approval of a Conditional Use Permit (CUP) to increase the
percentage of floor area allocated to medical office uses at an existing 35,687 square -
foot professional office building. Because medical uses require a higher parking-per-
square-foot parking ratio than general office uses, the applicant is concurrently
proposing to create 19 new on-site parking spaces by cutting into slope at the rear of
the subject property, and supporting the cut with three tiers of six-foot tall retaining
walls.
RECOMMENDATION:
Adopt the attached Resolution (Attachment 1) approving Conditional Use Permit
No. PL2017-139, based on the findings of Diamond Bar Municipal Code (DBMC)
Section 22.58, subject to conditions.
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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BACKGROUND:
On September 24, 2019, the Planning Commission conducted a duly noticed public
hearing and solicited testimony from all interested individuals. On September 18th and
24th, staff received written comments expressing opposition to the request from the
following persons:
• The neighboring commercial property owner to the north (Stonewood Properties);
• The neighboring property owner to the south (Law Offices of Bradley Taylor,
representing 732 N. Diamond Bar Boulevard); and
• The property owner of the commercial centers at the corner of Diamond Bar
Boulevard and Highland Valley Road (Foremost Companies).
Among several issues raised, the neighbors contended that the subject property
currently lacks sufficient on-site parking to meet demand, resulting in patrons parking
off-site and impacting neighboring businesses. They expressed concerns that the
proposed intensification of use will worsen the situation. In light of the new information
received during the September 24, 2019, hearing, the Planning Commission continued
the hearing to October 30, 2019, to allow the applicant and staff to investigate the
issues raised. At the October 30, 2019, meeting, the Planning Commission again
continued the matter to December 10, 2019, in order for the applicant to complete a
supplemental parking demand analysis. On November 7, 2019, the applicant submitted
a parking study which is discussed under the analysis section below.
The subject property is located at the east side of Diamond Bar Boulevard, between
Highland Valley Road and Sunset Crossing Road. The office building that currently
occupies the site was developed in 1981, prior to the City’s incorporation.
The property is legally described as Lots 10 and 11 of Tract No. 34803. The Assessor’s
Parcel Number (APN) is 8706-002-055.
The building has 35,687 square feet of leasable floor area. The current tenant mix
includes general office, medical office, medical lab and bank uses. It should be noted
that the previous plan showed 100 existing parking spaces on site. An “existing site
plan and parking supply summary” was included with the parking study (Figure 2),
which shows that there are actually 102 existing parking spaces on site.
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Existing Site Plan & Parking Supply
Site and Surrounding General Plan, Zoning and Land Uses
The following table describes the surrounding land uses and zoning located adjacent to
the subject property:
General Plan Designation Zoning District Land Use
Site Commercial Office OP Professional Office Building
North Commercial Office OP Multi-Tenant Automobile
Service Center
South Commercial Office OP Professional Office Building
East Low Density Residential RL Single-Family Homes
West N/A N/A SR 57 Freeway
N
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Project Site
Site Aerial
Project Site
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Intensification of Use
The applicant is requesting approval to increase medical office uses from 11,634 square
feet to 16,850 square feet. In addition, the applicant intends to lease 1,190 square feet
to a retail pharmacy tenant. To facilitate these uses, general office would concurrently
be reduced from 19,243 square feet to 12,837 square feet. The table on the following
page summarizes the proposed redistribution of floor area and associated parking
requirements.
Use
Parking
Requirement
(DBMC §22.30.040)
Existing Proposed
Sq. ft. Parking
required Sq. ft. Parking
required
General Office 1/400 19,243 48 12,837 32
Medical Office 1/250 11,634 47 16,850 67
Pharmacy 1/250 0 0 1,190 5
Medical Lab 1/300 1,343 5 1,343 5
Bank 1/300 2,755 9 2,755 9
Storage N/A 712 0 712 0
Totals 35,687 109 35,687 118
Parking Provided 102 118 +
1 motorcycle
Parking Surplus/Shortage -7 0
Adjacent Property to the South Adjacent Property to the North
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Proposed Site Plan
As the table shows, there is currently a deficit of seven parking spaces based on the
present tenant mix. As mentioned previously, it should be noted that the previous plan
showed 100 existing parking spaces on site, whereas new information in the parking
study confirms that there are actually 102 existing parking spaces on site. With the
proposed project, two spaces are being removed and one space is being narrowed and
converted to a motorcycle parking space to accommodate for ADA access (motorcycle
spaces do not count toward meeting parking requirements). The table illustrates that
the proposed addition of 19 new parking spaces and the removal of three existing
spaces would bring the total to 118 parking spaces on site. With the intensification of
medical uses and the addition of a pharmacy, the proposed project would meet the
City’s parking regulations.
Parking Lot Expansion
As shown below, the applicant proposes to cut approximately 25 feet horizontally into
the slope at the rear of the property, and supporting the cut with three tiers of six -foot
tall retaining walls to create the additional surface area to accommodate the parking lot
expansion. A decorative finish, such as split-faced block, is proposed on the exposed
sides of these retaining walls. The estimated volume of soil export associated with the
proposed retaining wall construction is 2,454 cubic yards. The cross sections (labeled
A, B and C) are referenced with the associated slope/wall profiles on the following page.
Also shown are two new storage sheds proposed at the opposite ends of the expanded
parking.
N
B
C
A
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Conditional Use Permit Planning Case No. PL2017-139
Page 7 of 13
Planning Commission Meeting on September 24, 2019
The following are comments/questions posed by the Commission and members of the
public with responses and explanations regarding how the Applicant has addressed the
concerns:
➢ Comment #1: The subject property currently lacks sufficient on-site parking to meet
demand, resulting in patrons parking off-site and impacting neighboring businesses.
Additionally, the proposed intensification of use will worsen the situation.
➢ Comment #2: The proposed modifications to the parking lot require written consent
from all property owners subject to the private reciprocal easement agreement dated
October 31, 1985.
➢ Comment #3: Due to the history of landslides and hydrology, modification to the
rear slope should require further review prior to the decision of the CUP.
➢ Comment #4: Proposed retaining walls and modification to the slope will create an
eyesore.
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Conditional Use Permit Planning Case No. PL2017-139
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• Comment #1: The subject property currently lacks sufficient on-site parking to meet
demand, resulting in patrons parking off-site and impacting neighboring businesses.
Additionally, the proposed intensification of use will worsen the situation.
Staff requested that the applicant submit a parking study to address the parking
issues raised. A study was conducted by Linscott, Law & Greenspan, Engineers
(LLG), a licensed traffic engineering firm. The goal of the study was to establish the
following:
➢ What is the current parking demand and parking patterns?
➢ Are patrons parking off-site due to the demand?
➢ Based on the results of the survey, what are the implications of the proposed
increase of medical office and pharmacy uses?
➢ What are parking management strategies to help alleviate the issue, if any?
LLG established existing parking demand at the subject property by collecting hourly
parking demand data from 6 a.m. to 6 p.m., on a typical weekday (Monday,
Tuesday, Wednesday). This included a pedestrian survey to determine if patrons
were parking off-site and visiting the subject property. Utilizing data from the survey,
future demand was estimated using the proposed tenant mix and application of the
current shared parking methodology outlined in the Urban Land Institute’s (ULI)
Shared Parking, 2nd Edition. The following findings were made:
Current Parking Demand – The peak demand of 83 spaces (81% utilization)
occurred on a Wednesday at 11:00 a.m. The survey showed that a few patrons
were parking off-site at the adjacent properties to the north and south, which ranged
from one to seven vehicles observed at a given time. The peak demand includes
the vehicles that parked off site.
Estimated Future Parking Demand – To estimate the future peak parking demand
for the existing tenant mix and the proposed increase of medical office and
pharmacy uses, LLG used the survey data for the existing land uses combined with
ULI shared parking techniques applied to the proposed medical office and pharmacy
floor areas. This resulted in the overall peak parking requirement for the subject
building during a weekday—assuming full occupancy and completion of the
proposed Project—also occurs on a Wednesday at 11:00 a.m. with a parking
requirement of 102 spaces. The peak parking demand for Monday and Tuesday is
less with a total of 89 spaces and 87 spaces, respectively.
Based on the parking study, the proposed parking supply of 118 spaces will
adequately accommodate weekday hourly demand based on the survey plus shared
parking demand analysis.
Parking Management Plan (PMP) – As stated above, even when sufficient on-site
parking is available, patrons were still observed parking on the neighboring parcels.
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To help manage parking demands of the existing and proposed tenants, the parking
study recommended that the owner and/or property management company consider
implementation of a PMP, which includes the following:
1. Implement an employee parking program where the closest and most desirable
parking spaces are reserved for visitors. The location of designated employee
parking spaces shall be developed in collaboration between the owner and/or
property management and the tenants. The employee parking spaces shall be
clearly identified and be open for visitor use as well.
2. Identify the need for “short term/time restricted spaces,” dependent on the needs
of the proposed medical office and pharmacy uses. The short-term spaces are
to be used for “Patients/Visitors only.” The number and location of spaces shall
be determined by the owner and/or property management and tenants.
3. Inform tenants to ensure all parking demand associated with the building occurs
on-site and eliminate parking intrusion on the adjacent properties.
Based on the findings of the parking study, and if the recommended PMP measures
are properly implemented and enforced, the parking needs of the project would be
adequately served by the proposed parking supply. If at any time, the City finds that
the proposed uses are causing a parking deficiency or other land use impact, the
Community Development Director may refer the matter back to the Planning
Commission to consider amending the CUP to address such impacts. This
condition, as well as the recommended PMP measures, have been included as
conditions of approval in the draft resolution. If parking impacts are still observed in
the future, one option would be to revisit the idea that compact stalls are creating the
issue, and to require the entire project site to be re-striped to current standards; this
would reduce the number of available spaces, but would still exceed the demand
estimated in the parking study.
• Comment #2: The proposed modifications to the parking lot require written consent
from all property owners subject to the private reciprocal easement agreement dated
October 31, 1985.
The agreement is a private contract and is a civil matter. The City must exercise its
independent judgment and base its decision solely on whether the required findings
to approve the CUP can be made. Actions by the City do not relieve the property
owners of obligations to which the City is not a party, such as CC&R’s or other
privately-executed agreements.
• Comment #3: Due to the history of landslides and hydrology, modif ication to the
rear slope should require further review prior to the decision of the CUP.
For any hillside development that requires a grading permit, a geotechnical report,
drainage and grading plans prepared by a licensed civil engineer are required dur ing
the grading plan check process for review and approval by the Public Works
Department. These plans shall be in accordance with the California Building Code,
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Bougainvillea
City Grading Ordinance, Hillside Management Ordinance and acceptable grading
practices. Construction details and structural calculations for the retaining wall
prepared by a licensed civil engineer are required during the building plan check
process for review and approval by the Building and Safety Division. These plans
shall be in accordance with the current State and Local Building Code (California
Building Codes) requirements and all other applicable construction codes,
ordinances and regulations. With these standard mechanisms in place, the project
shall be treated no different than other hillside development projects.
• Comment #4: Proposed retaining walls and modification to the slope will create an
eyesore.
The City’s hillside development standards and guidelines include design and
landscaping criteria for retaining walls. Landscaping is required between the
terraced retaining walls to mitigate visual impacts to the hillside. The submitted
plans propose one-gallon creeping myoporum groundcover between the walls. Due
to the limited space, trees are not recommended in this area as their ro ots would be
restricted by the footings of the walls. In addition to the landscaping between the
walls, staff is recommending a mix of vine and cascading plants on the wall surfaces
for maximum coverage, such as bougainvillea and ficus to mimic the landscaping
that currently exists on the slope. Below are images of examples of how this may be
utilized.
The landscape plans will be submitted for review and approval by the City’s
consulting landscape architect during building plan check. To further mitigate visual
impacts of the proposed retaining walls, a decorative finish, such as split -faced block
is required on the exposed sides of the retaining walls.
Landscaping
Ficus
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Pursuant to DBMC Section 22.24.040 Table 3 -6, properties zoned Office Professional
(OP) shall provide for a minimum of 20 percent of the site area for landscaping. The
Code also requires office uses to provide landscaping within the parking area at a ratio
of five percent of the gross area of the parking lot, as well as one tree for every eight
parking spaces [DBMC Section 22.30.070 (8)(g)(1)]. The proposed areas allocated for
landscaping (including the rear slope) is 27,314 square feet, which complies with both
requirements noted above. Three 24-inch box blue palo verde trees are proposed in
planter areas for every eight parking spaces within the new parking area and 1 -gallon
creeping myoporum shrubs are proposed between the retaining walls. The project is
required to comply with the City’s Water Efficient Landscaping O rdinance, and
compliance will be verified during building plan check and final inspections.
As part of the 2017 façade remodel and landscaping improvements, six California
Sycamores were planted on the slope at the rear of the property. The closest tree is
approximately eight to ten feet from the highest proposed retaining wall. The applicant
intends to retain those trees in place.
Conditional Use Permit (DBMC Section 22.58)
A CUP is required for uses whose effect on the surrounding area cannot be dete rmined
before being analyzed for suitability at a particular location.
When reviewing a CUP, consideration is given to the location, design, configuration,
operational characteristics and potential impacts to determine whether or not the
proposed use will pose a detriment to the public health, safety and welfare. If it can be
found that the proposed use is likely to be compatible with its surroundings, the
Commission may approve the proposed use subject to conditions stipulating the
manner in which the use must be conducted. If the Commission finds that the proposed
use is likely to be detrimental to the general peace, health and general welfare, then it
must deny the request.
When a CUP is approved, it runs with the land and all conditions placed on th e CUP are
binding on all successors in interest. In other words, if the owner was to sell the
building, the new owner could place approved uses in the same spaces allocated and
operate the same type of use. The new tenant(s) would be required to comply wit h the
same conditions as the previous tenant and would not be permitted to expand the use
without full review and approval by the Planning Commission.
Neighborhood Compatibility
The building has various uses, including general office, medical office, a m edical lab,
bank, and storage. The adjacent property to the north is a legal nonconforming auto
repair shop and the adjacent property to the south is also a professional office building.
Given the similar nature of the proposed uses with the uses already existing within the
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building, it is reasonable to conclude that the medical office and pharmacy will be
compatible within the building and with the neighborhood.
NOTICE OF PUBLIC HEARING:
On September 12, 2019, public hearing notices were mailed to prope rty owners within a
500-foot radius of the project site. On September 13, 2019, the notice was published in
the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers; the project
site was posted with a notice display board; and a copy of t he public notice was posted
at the City’s four designated community posting sites. The Planning Commission
continued the item from the September 24, 2019, meeting to October 30, 2019.
Another continuance was requested from the October 30, 2019 meeting to
December 10, 2019. Since the hearing was continued to a date certain, the project was
not required to be re-noticed.
PUBLIC COMMENTS RECEIVED:
At the previous Planning Commission hearing, neighboring property owners voiced their
concerns about the parking shortage, among other issues. However, no comments
have been received as of the publication date of this report.
ENVIRONMENTAL ASSESSMENT:
The project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to Article 19 under
Section 15301 (Existing Facilities) and Section 15311 (Accessory Structures) of the
CEQA Guidelines. No further environmental review is required.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Resolution No. 2019-XX and Standard Conditions of Approval
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Conditional Use Permit Planning Case No. PL2017-139
Page 13 of 13
B. Parking Study Dated November 7, 2019
C. Site Plan, Conceptual Grading Plans and Landscape Plans
D. Planning Commission Meeting Minutes September 24, 2019
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PLANNING COMMISSION
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. PL2017-139, TO INCREASE THE MEDICAL OFFICE USES FROM
11,634 SQUARE FEET TO 16,850 SQUARE FEET LOCATED WITHIN A
35,687 SQUARE-FOOT PROFESSIONAL OFFICE BUILDING; AND
CONSTRUCT THREE TIERED, 6-FOOT HIGH RETAINING WALLS AND ADD
19 NEW PARKING SPACES LOCATED AT 750 N. DIAMOND BAR
BOULEVARD, DIAMOND BAR, CA (APN 8706-002-055).
A. RECITALS
1. Property owner, Johnney Y. Zhang for Zhang Group, and applicant, Howard
Zelefsky, have filed an application for Conditional Use Permit No. PL2017-
139 to increase the medical office uses from 11,634 square feet to 16,850
square feet located within a 35,687 square-foot professional office building;
and construct three tiered, 6-foot high retaining walls and add 19 new
parking spaces. The project site is more specifically described as 750 N.
Diamond Bar Blvd., Diamond Bar, Los Angeles County, California.
Hereinafter in this resolution, the subject Conditional Use Permit shall be
referred to as the “Proposed Use.”
2. The Project Site is made up of one parcel totaling 2.1 acres. It is located in
the Professional Office (OP) zone and has a land use designation of the
General Plan as Commercial Office.
3. The legal description of the subject property is Lots 10 and 11 of Tract
No. 34803. The Assessor’s Parcel Number (APN) is 8706-002-055.
4. On September 12, 2019, public hearing notices were mailed to property
owners within a 500-foot radius of the project site. On September 13, the
notice was published in the Inland Valley Daily Tribune and San Gabriel
Valley Tribune newspapers; the project site was posted with a notice display
board; and a copy of the public notice was posted at the City’s four
designated community posting sites. The Planning Commission continued
the item from the September 24, 2019 , meeting to October 30, 2019. On
October 30, 2019, the Planning Commission again continued the matter to
December 10, 2019. Since the hearing was continued to a date certain, the
project was not required to be re-noticed.
5. On December 10, 2019, the Planning Commission of the City of Diamond
Bar conducted a duly noticed public hearing, solicited testimony from all
interested individuals, and concluded said hearing on that date.
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PC Resolution No. 2019-XX
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of CEQA pursuant to Article 19
under Section 15301 (Existing Facilities) and Section 15311 (Accessory
Structures) of the CEQA Guidelines. Therefore, no further environmental
review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission
hereby finds and approves as follows:
Conditional Use Permit Review Findings (DBMC Section 22.58)
1. The Proposed Use is allowed within the subject zoning district with the
approval of a conditional use permit and complies with all other applicable
provisions of this Development Code and the Municipal Code.
Pursuant to DBMC Section 22.10.030, Table 2-5, medical offices are
permitted in the OP zoning district with approval of a conditional use permit.
Through compliance with the conditions of approval stipulating the manner
in which the use must be conducted, the Proposed Use will be compatible
with neighboring uses within the building and with the neighborhood.
2. The Proposed Use is consistent with the general plan and any applicable
specific plan.
The Proposed Use is consistent with General Plan Strategy 1.3.3:
(“Encourage neighborhood serving retail and service commercial uses”) in
that the proposed medical offices complies with Strategy 1.3.3 because the
Proposed Use provide services to Diamond Bar residents.
The Project site is not subject to the provisions of any specific plan.
3. The design, location, size and operating characteristics of the Proposed
Use are compatible with the existing and future land uses in the vicinity.
The Proposed Use is located within an existing office building that has
various uses, including general office, medical office, a medical lab, bank,
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PC Resolution No. 2019-XX
and storage. The Proposed Use is compatible with the other uses within
the existing building and with the neighborhood.
Through compliance with the conditions of approval stipulating the manner
in which the uses must be conducted, the Proposed Use will be compatible
with the other uses within the building.
4. The subject site is physically suitable for the type and density/intensity of
use being proposed, including access, provision of utilities, compatibility
with adjoining land uses, and the absence of physical constraints.
The site currently provides 102 off-street parking spaces. To increase
medical office use from 11,634 square feet to 16,850 square feet and add
1,190 square feet of pharmacy use, 118 parking spaces are required.
General office use will decrease from 19,243 square feet to 12,837 square
feet. Medical lab, bank and storage areas will remain as is. With the
addition of 19 new parking spaces, the total number of off -street parking
spaces will be 118, which will comply with the parking requirement.
The applicant submitted a parking study that established current parking
demand, shared parking demand and a recommended parking
management plan. Based on the parking study, the proposed parking
supply of 118 spaces will adequately accommodate weekday hourly
demand based on the survey plus estimated future parking demand
analysis. Additionally, the parking management plan is required to be
implemented to manage the existing and proposed tenants.
Based on these observations, there is sufficient amount of parking for
current and future uses. Given the types of adjoining uses, and data
provided in the parking study, it is reasonable to conclude that the increase
in medical office will be compatible with the other uses in the office building
and with the neighborhood.
The Proposed Use is physically suitable with the subject site because it will
be located within an existing building. In addition, the Proposed Use will be
using existing access and parking, as well as new parking stalls created at
the site.
5. Granting the conditional use permit will not be detrimental to the public
interest, health, safety, convenience, or welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district in which the
property is located.
The building has various uses, including general office, medical office, a
medical lab, bank, and storage. The adjacent property to the north is a legal
nonconforming auto repair shop and the adjacent property to the south is
also a professional office building. Given the similar nature of the proposed
use with the uses already existing within the building, it is reasonable to
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PC Resolution No. 2019-XX
conclude that additional medical office uses will be compatible within the
building and with the neighborhood.
Prior to the issuance of any City permits, the Project is required to comply
with all conditions of approval within the attached resolution, and the
Building and Safety Division.
6. The proposed Project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The proposed project is Categorically Exempt from the provisions of CEQA
pursuant to Article 19 under Section 15301 (Existing Facilities) and
Section 15311 (Accessory Structures) of the CEQA Guidelines.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL201 7-139 subject to the following
conditions:
1. This approval is to increase the medical office uses from 11,634 square feet
to 16,850 square feet located within a 35,687 square-foot professional office
building; and construct three tiered, 6 -foot high retaining walls and add 19
new parking spaces as described in the application on file with the Planning
Division, the Planning Commission staff report for Conditional Use Permit
No. PL2017-139 dated December 10, 2019, and the Planning Commission
minutes pertaining thereto, hereafter referred to as the “Use.”
2. The Use shall substantially conform to the approved plans as submitted and
approved by the Planning Commission and on file with the Community
Development Department.
3. This Conditional Use Permit shall be valid only for 750 N. Diamond Bar
Blvd., as depicted on the approved plans on file with the Planning Division.
The maximum area allocated for medical office use is 16,850 square feet
and 1,190 square feet for pharmacy use. If the square footage of proposed
uses increase, a new Conditional Use Permit, subject to Planning
Commission and/or City Council approval shall be required. If the Use
ceases to operate, the approved Conditional Use Permit shall expire without
further action by the City.
4. If, at any time, the City finds that the Use is the cause of a parking deficiency
or other land use impact, the Community Development Director may refer
the matter back to the Planning Commission to consider amending this
Conditional Use Permit to address such impacts.
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PC Resolution No. 2019-XX
5. No changes to the approved scope of services comprising the use shall be
permitted unless the applicant first applies for an amendment to t his
Conditional Use Permit, pays all application processing fees and receives
approval from the Planning Commission and/or City Council.
6. Prior to the issuance of a grading or building permit, the protected trees
shall be barricaded by chain link fencing with a minimum height of five feet,
or by another protective barrier approved by the Community Development
Director or designee. Chain link fencing shall be supported by vertical posts
at a maximum of ten-foot intervals to keep the fencing upright and in place.
Barriers shall be placed at least five (5) feet from the drip line of the trees.
A sign posted on the fencing which states “Warning: Tree Protection Zone”
and stating the requirements of all workers in the protection zone.
Throughout the course of construction, the tree protection fencing shall be
maintained and the site shall be maintained and cleaned at all times. No
construction staging or disposal of construction materials or byproducts,
including but not limited to paint, plaster, or chemical solutions is allowed in
the tree protection zone. The fencing plan shall be shown on the grading
plan and other applicable construction documents and the Applicant, Owner
or construction manager shall contact the Planning Division to conduct a
site visit prior to commencement of any work to ensure this condition is met.
7. If protective measures fail to ensure the survival of any protected tree during
construction activity or within three years after approval of final inspection,
a minimum of three 24-inch box protected species shall be planted on the
property for each protected tree that dies.
8. On the plans submitted for plan check, propose a mix of vines and/or
cascading plants on the retaining walls for screening purposes.
9. On the plans submitted for plan check, split-faced block is required on the
exposed sides of all retaining walls.
10. Prior to final inspection, the owner and/or property management shall
submit for review and approval a Parking Management Plan (PMP) to the
Planning Division. The PMP shall include, but not be limited to, the following
elements:
a) Implementation of an employee parking program. The closest and
most desirable parking spaces shall be reserved for visitors. The
location of designated employee parking spaces shall be developed
in collaboration between the owner and/or property management
and the tenants. The employee parking spaces shall be clearly
identified and be open for visitor use as well.
b) Designated “short term/time restricted spaces,” dependent on the
needs of the proposed medical office and pharmacy uses. The short-
term spaces are to be used for “Patients/Visitors only.” The number
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PC Resolution No. 2019-XX
and location of spaces shall be determined by the owner and/or
property management and tenants.
c) Written acknowledgement from all tenants of the building to inform
all employees and patrons that parking shall occur on-site to
eliminate parking intrusion on the adjacent properties.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owner, Johnney Y. Zhang for Zhang Group, 750 N.
Diamond Bar Blvd., Suite 188, Diamond Bar, CA 91765 and
applicant, Howard Zelefsky, 9735 Capilla Ave, Fountain Valley, CA
92708.
APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2019, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: ______________________________________
Naila Barlas, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 10th day of December, 2019, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: ___________________________
Greg Gubman, Secretary
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PC Resolution No. 2019-XX
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2017-139
SUBJECT: To increase medical office uses from 11,634 square feet to
16,850 square feet located within a 35,687 square-foot
professional office building; and construct three tiered, 6-foot
high retaining walls and add 19 new parking spaces.
PROPERTY Johnney Y. Zhang for Zhang Group
OWNER(S): 750 N. Diamond Bar Blvd., Suite 188
Diamond Bar, CA 91765
APPLICANTS: Howard Zelefsky
9735 La Capilla Ave
Fountain Valley, CA 92708
LOCATION: 750 N. Diamond Bar Boulevard, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. The applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to
attack, set-aside, void, or annul the approval of Conditional Use Permit
No. PL2017-139 brought within the time period provided by Government
Code Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
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PC Resolution No. 2019-XX
(b) Applicant shall promptly pay any final judgment rendered against the
City defendants. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Conditional Use Permit No. PL201 7-139 at the City of
Diamond Bar Community Development Department, their affidavit stating
that they are aware of and agree to accept all the conditions of this approval.
Further, this approval shall not be effective until the applicants pay
remaining City processing fees, school fees and fees for the review of
submitted reports.
3. The business owners and all designers, architects, engineers, and
contractors associated with this project shall obtain a Diamond Bar
Business License, and zoning approval for those businesses located in
Diamond Bar.
4. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
5. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
6. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
7. To ensure compliance with all conditions of approval and applicable codes,
the Conditional Use Permit shall be subject to periodic review. If non -
compliance with conditions of approval occurs, the Planning Commission
may review the Conditional Use Permit. The Commission may revoke or
modify the Conditional Use Permit.
8. Property owner/applicant shall remove the public hearing notice board
within three (3) days of this project's approval.
9. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, and Public Works Department) at the
established rates, prior to issuance of building permits, as required by the
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City. School fees as required shall be paid prior to the issuance of building
permit. In addition, the applicant shall pay all remaining prorated City project
review and processing fees prior to issuance of grading or building permit,
whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
1. The approval of Conditional Use Permit No. PL2017-139 shall expire within
one (1) year from the date of approval if the use has not been exercised as
defined per DBMC Section 22.66.050 (b)(1). The applicant may request in
writing a one-year time extension subject to DBMC Section 22.60.050(c) for
Planning Commission approval.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
1. At the time of plan check submittal, plans and construction shall conform to current
State and Local Building Code (California Building Codes) requirements and all
other applicable construction codes, ordinances and regulations in effect.
2. Provisions for CAL Green shall be implemented onto plans and certification shall
be provided by a third party as required by the Building Division. Specific water,
waste, low VOC, and related conservation measures shall be shown on plans.
Construction shall conform to the current CAL Green Code.
Plan Check – Items to be addressed prior to plan approval:
3. The ADA path of travel shall be upgraded to be compliant with the current code
per CBC 11B-202.4.
4. The quantity of ADA parking stalls shall meet CBC 11B-208.2 where hospital
outpatient, rehab, or outpatient physical therapy occurs.
5. Medical offices shall meet ADA requirements per CBC 11B -805.
6. Alterations to the existing building are not a part of this permit application and shall
be by separate permit.
7. All required exits shall be ADA accessible.
8. Retaining walls shall be designed with surcharge loads from upper walls for the
added rear parking area retaining walls added.
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9. The future storage space at the rear corners shall be by separate permit, be fire
rated for walls at property line sides, and ADA accessible.
Construction – Conditions required during construction:
10. Occupancy of the facilities shall not commence until all California Building Code
and State Fire Marshal regulations have been met. The buildings shall be
inspected for compliance prior to occupancy.
11. Every permit issued by the building official under the provisions of this Code shall
expire and become null and void unless the work authorized by such permit is
commenced within one-hundred-eighty (180) days after permit issuance, and if a
successful inspection has not been obtained from the building official within one-
hundred-eighty (180) days from the date of permit issuance or the last successful
inspection. A successful inspection shall mean a documented passed inspection
by the city building inspector as outlined in Section 110.6.
12. All structures and property shall be maintained in a safe and clean manner during
construction. The property shall be free of debris, trash, and weeds.
13. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6’ high fence.
14. The applicant shall contact Dig Alert and have underground utility locations marked
by the utility companies prior to any excavation. Contact Dig Alert by dialing 811
or their website at www.digalert.org.
15. The applicant shall first request and secure approval from the City for any changes
or deviations from approved plans prior to proceeding with any work in accordance
with such changes or deviations.
16. All glazing in hazardous locations shall be labeled as safety glass. The labeling
shall be visible for inspection.
17. All plumbing fixtures, including those in existing areas, shall be low-flow models
consistent with California Civil Code Section 1101.1 to 1101.8.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. An Erosion Control Plan shall be submitted concurrently with the grading
plan clearly detailing erosion control measures. These measures shall be
implemented during construction. The erosion control plan shall conform to
national Pollutant Discharge Elimination System (NPDES) standards and
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incorporate the appropriate Best Management Practices (BMP’s) as
specified in the Storm Water BMP Certification. For construction activity
which disturbs one acre or greater soil a Storm Water Pollution Prevention
Plan (SWPPP) will be needed.
2. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. A geotechnical report prepared by a Geotechnical Engineer, licensed by the
State of California, shall be submitted by the applicant for approval by the
City.
2. A compaction/as-graded shall be prepared and approved prior to the
construction of any curb, gutter, or pavement surface. The report shall be
prepared by a Geotechnical Engineer, licensed by the State of California,
shall be submitted by the applicant for approval by the City.
3. The applicant shall submit drainage and grading plans prepared by a Civil
Engineer, licensed by the State of California, prepared in accordance with
the City’s requirements for the City’s review and approval. A list of
requirements for grading plan check is available from the Public Works
Department. All grading (cut and fill) calculations shall be submitted to the
City concurrently with the grading plan.
4. Finished slopes shall conform to City Code Section 22.22.080-Grading.
5. All easements shall be clearly identified on the grading plan.
6. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall
be submitted to the Building and Safety Division for review and approval.
7. All equipment staging areas shall be located on the pr oject site. Staging
area, including material stockpile and equipment storage area, shall be
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enclosed within a 6 foot-high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
8. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance
and acceptable grading practices.
9. All slopes shall be seeded per landscape plan and/or fuel modification plan
with native grasses or planted with ground cover, shrubs, and trees for
erosion control upon completion of grading or some other alternative
method of erosion control shall be completed to the satisfaction of the City
Engineer and a permanent irrigation system shall be installed.
10. A pre-construction meeting shall be held at the project site with the grading
contractor, applicant, and city grading inspector at least 48 hours prior to
commencing grading operations.
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is
the natural drainage course.
END
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PARKING STUDY ADDENDUM
750 N. DIAMOND BAR BOULEVARD BUILDING
Diamond Bar, California
November 7, 2019
(original study dated August 8, 2018)
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N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\3839 -Parking Study Addendum 11-07-2019.docx
November 7, 2019
Mr. Howard Zelefsky
Zelefsky & Associates
9735 La Capilla Avenue
Fountain Valley, CA 92708
LLG Reference: 2.17.3839.1
Subject: Parking Study Addendum for the
750 N. Diamond Bar Boulevard Building
Diamond Bar, California
Dear Mr. Zelefsky:
As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit the
findings of a Parking Study Addendum we completed for the 750 N. Diamond Bar
Boulevard (DBB) Building, located in the City of Diamond Bar. This letter report
supplements our prior study dated August 8, 2018 to further validate the adequacy of
on-site parking with the conversion of office-designated floor area to medical office
space (herein after referred to as Project) as well as address the comments/concerns
from adjacent property owners regarding potential parking intrusion by the Project.
The existing building consists of general office, medical office, medical lab, bank,
and storage uses, totaling 35,687 square feet (SF). As currently envisioned, the
applicant/owner of the building proposes to convert 5,272 SF of office space within
four (4) suites to medical office uses, plus add 1,190 SF of retail pharmacy space in
place of office space. It should be noted that of the 5,272 SF of office space to be
converted to medical office use, 2,771 SF of office space is currently occupied in
Suites 222 and 222a, and the remaining 2,501 SF is currently vacant in Suites 224
and 228.
Based on a review of the Project site plan prepared by Primior, the on-site parking
supply would be increased from an existing total of 102 spaces to a proposed total of
119 spaces. Therefore, the Project’s proposed parking supply of 119 spaces was
utilized as the proposed future parking supply for the DBB Building Project.
This Parking Study Addendum evaluates the Project’s parking requirements based on
the City of Diamond Bar Municipal Code, application of the shared parking
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Mr. Howard Zelefsky
November 7, 2019
Page 2
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methodology as outlined in Urban Land Institute’s (ULI) Shared Parking, 2nd Edition
as well as the approved Scope of Work for this study that was developed in
conjunction with City of Diamond Bar Planning Division staff.
The study focused on the following:
Validation of existing parking spaces on the site (i.e. visitor, short-term parking,
handicapped parking, reserved, etc.)
Calculates the Code-based parking requirements for the existing and proposed mix
of uses/tenants for the DBB Building based on the application of City Code parking
ratios.
Collection of existing parking demand surveys of the DBB Building over a three-
day period to establish actual “shared” parking peak parking requirements for the
current mix of office and medical office tenants, inclusive of potential parking
intrusion by the Project at adjacent properties to the immediate north and immediate
south.
Estimates future parking demands for the DBB Building by utilizing existing
parking survey data, proposed tenant mix and ULI rates.
Compares survey plus shared parking demand against the existing/future parking
supply, in order to identify any potential, operational surplus or deficiency in
parking supply upon implementation of the Project.
Our method of analysis, findings, and conclusions are described in detail in the
following sections of this report.
PROJECT DESCRIPTION
The Project is an existing medical office/professional office building located at 750
N. Diamond Bar Boulevard. The existing building has a total of 35,387 square-feet
(SF) of floor area on two levels. Currently, a total of 102 parking spaces are now
provided at the subject property. Figure 1 presents an aerial map of the DBB
Building, as well as the adjoining buildings. Figure 2-1 presents an existing site plan
for the DBB Building, inclusive of a breakdown of the existing on-site parking
supply.
Table 1 presents the existing development summary and tenant mix, as well as the
proposed Project and tenant mix for the DBB Building. The current tenant mix, which
occupies 31,996 SF, consists of 15,552 SF of office space, 11,634 SF of medical
office uses, a 1,343 SF medical lab, a 2,755 SF credit union, and 712 SF of storage
space. The remaining floor area of 3,691 SF is a vacant office floor area.
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Mr. Howard Zelefsky
November 7, 2019
Page 3
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A summary of the information provided in Table 1 is provided below. As shown the
applicant/owner of the building proposes to increase the medical office uses from
11,634 SF to 16,906 SF, plus add 1,190 SF of retail pharmacy space in place of office
space. With the Project, the existing office floor area would be reduced from 19,243
SF to 12,781 SF. Figure 2-2 presents the proposed site plan for the Project and
associated parking facilities, prepared by Primior. Review of Figure 2-2 shows that
with the relocation/restriping of handicap stalls and the construction of new stalls on
the eastern-most portion of the site would result in a net total of 17 new parking stalls.
Therefore, the on-site parking supply would be increased to 119 spaces, which would
meet the requirements of the City’s Municipal Code, as shown below and in Table 1.
EXISTING AND PROPOSED PROJECT DEVELOPMENT SUMMARY
Use
Parking Requirement
(DBMC §22.30.040)
Existing Proposed
SF
Parking
required SF Parking
required
General Office 1/400 19,243 48 12,781 32
Medical Office
1/250
11,634
47
16,906
68
Pharmacy
1/250
0
0
1,190
5
Medical Lab
1/300
1,343
5
1,343
5
Bank
1/300
2,755
9
2,755
9
Storage
N/A
712
0
712
0
Totals 35,687 109 35,687 119
PROJECT CITY CODE PARKING REQUIREMENTS
As presented in the lower portion of Table 1, and summarized above, the City Code
parking calculations for the existing tenant mix and proposed tenant mix for the DBB
Building are based on the application of City of Diamond Bar Municipal Code
requirements outlined in Chapter 22.30 – Off Street Parking and Loading Standards.
Parking ratios from the City Code relevant to the project site in either its current or
proposed development pattern are as follows:
Office, administrative, corporate: 1 space/400 square-feet (SF) gross floor
area (GFA)
Clinics, medical/dental offices: 1 space/250 SF GFA
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General retail: 1 space/250 SF GFA
Banks and financial services: 1 space/300 SF GFA
Under the existing land use mix, the City Code requirement totals 109 spaces, which
corresponds to a Code-based deficiency of 7 spaces when compared against the
existing supply of 102 spaces for the DBB Building.
The City Code requirement for the Project totals 119 spaces. Compared against the
119-space supply, the 119-space Code requirement would exactly match the supply.
Based on the above findings, the City Code-based parking requirements for the
existing land use mix, and the proposed Project would be adequately served by the
future on-site parking supply for the DBB Building (119 spaces).
To validate the adequacy of the proposed parking supply of 119 spaces at the DBB
Building with the existing mix of uses/tenants and the proposed Project as summarized
in Table 1, a parking demand has been prepared based using actual field-studied
demands (parking surveys) of the subject property. The following section calculates the
parking requirements for the DBB Building based on actual field-studied demands
(parking surveys) and application of the current shared parking methodology outlined in
ULI Shared Parking, 2nd Edition.
PARKING DEMAND ANALYSIS
This section evaluates the actual field study data for the existing tenancies in
combination with a forecast for the existing floor area vacancies, inclusive of the
proposed Project, which utilizes the current Urban Land Institute (ULI) shared
parking methodology. Given the DBB Building is an established office development,
the collection of parking survey data provides support of the “shared” parking
demands of the existing tenant mix.
As noted earlier, this Parking Study Addendum estimates future parking demands for
the DBB Building by utilizing existing parking survey data to establish the center’s
existing peak parking demand, illustrate the sharing of a common parking supply by a
mix of office and medical office uses, and via the use of the shared parking
methodology, forecast the hourly demand for the proposed tenant mix, which
includes additional medical office floor area and a proposed pharmacy.
Observed Parking Demand
Consistent with study parameters of the approved scope of work for this addendum,
field studies of actual parking demand at DBB Building were undertaken to evaluate
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current parking conditions and to develop insights as to potential parking intrusion
into the adjacent properties, as well as identify duration of vehicles parked on-site.
To establish the existing (baseline) shared parking demand of the existing uses at
DBB Building, hourly surveys of actual parking demand were conducted at the site
from 6:00 AM – 6:00 PM on Monday, October 7, 2019, Tuesday, October 8, 2019,
and Wednesday, October 9, 2019.
As a supplement, pedestrian affinity observations were collected to determine the
potential for parking intrusion from the northern/southern off-site adjacent lots1 (i.e.
patrons of the Project parking off-site in adjacent lots and walking to the Project
facilities). From these supplemental observations, “off-site parking demand”
associated with the DBB building was determined, and therefore was added to the on-
site parking demand.
The parking surveys, conducted by NDS under the direction of LLG, consisted of
counting the number of parked vehicles within the entire DBB Building lot and
keeping track of the duration that were observed parked on-site. This information
reflects a more precise parking demand for the DBB Building, specifically, the shared
parking demand associated with 31,996 SF of occupied floor area (89.7%
occupancy). Appendix A contains the detailed survey data with a summary of the data
presented in the following tables noted below, as well as supplemental pedestrian
affinity studies, and parking duration studies.
A summary of the results of the parking surveys that were performed at the DBB
Building on a recent Monday, Tuesday and Wednesday is summarized in Tables 2, 3,
and 4, respectively. These tables present the parking demand at the DBB Building for
each hour during the count dates, and compared observed demand against existing
on-site parking supply of 102 spaces. A review of these tables indicate a total peak
demand of 83 spaces (81% utilization) occurred on Wednesday at 11:00 AM (See
Table 4), and was comprised of 83 occupied spaces for the DBB Building (on site and
those observed parked in adjacent properties. Comparing the DBB Building’s 83-
space peak demand against the existing supply of 102 spaces corresponds to an
observed surplus of 19 spaces.
A review of Tables 2 and 3 indicate that the peak parking demand observed at the
DBB Building was less on Monday, October 7, 2019 and totaled 70 vehicles (69%
utilization) at 11:00 PM, whereas the peak demand on Tuesday, October 8, 2019 was
1 For this analysis, the parking demand observed to park in adjacent properties to the north and to the south during the
parking demand studies conducted on October 7, 8 and 9, 2019 were presumed to be generated by DBB Building.
7.1.b
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less than Wednesday as well and totaled 70 vehicles (69% utilization) at 12:00 PM,
respectively.
It is important to note that based on City code, the existing occupied uses, as shown
below, would require 100 spaces whereas the existing observed peak demand for the
current tenant mix totaled 83 spaces.
EXISTING OCCUPIED AND VACANT SF CODE PARKING CALCULATIONS
Description Existing Occupied SF Ratio Requirement
General Office 15,552 SF 1 sp/400 SF 39 spaces
Medical Office 11,634 SF 1 sp/250 SF 47 spaces
Medical Lab 1,343 SF 1 sp/300 SF 5 spaces
Bank 2,755 SF 1 sp/300 SF 9 spaces
Storage 712 SF ---- 0 spaces
Subtotal 31.996 SF 100 spaces
Office (Vacant) 3,691 SF 1 sp/400 SF 9 spaces
Total 35,687 SF 109 spaces
Forecast Parking Demand
Based on the results of actual parking demand studies of the DBB Building, it was
established that the peak parking demand for the current occupied floor area and mix
of tenants totaled 83 parking spaces (See Table 4 at 11:00 AM). Conservatively,
without adjustment to account for the conversion of existing occupied office floor
area of 2,771 SF, the code parking requirements associated with the addition of 5,272
SF of medical office space and a 1,190 SF pharmacy amounts to 21 spaces and 5
spaces, respectively for a total of 26 spaces.
PROPOSED PROJECT SF CODE PARKING CALCULATIONS
Description Proposed Project SF Ratio Requirement
Medical Office 5,272 SF 1 sp/250 SF 21 spaces
Pharmacy 1,190 SF 1 sp/250 SF 5 spaces
Subtotal 6,462 SF 26 spaces
Existing Peak Demand Occupied SF Wed, 10/9 at 11 am 83 spaces
Total 35,687 SF 109 spaces
This total, when added to the observed peak demand of 83 spaces results in a forecast
peak parking demand for the DBB Building of 109 spaces (83 + 26) upon completion
of the Project. Compared against the proposed 119-space supply, the forecast 109-
space peak parking demand would result in a surplus of 10 spaces (8.4% contingency
supply.
7.1.b
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Shared Parking Demand Assessment
The Shared Parking methodology was applied in estimating the parking needs of the
Project. This goes beyond simply calculating the City Code requirement, and looks at
the operational demand picture within the actual physical setting. The objective of
this Shared Parking analysis is to estimate the peak parking requirements for the
various components of the Project based upon their combined parking demand
patterns.
In order to determine the most appropriate peak-parking requirement for the DBB
Building with the proposed Project, utilization of the actual survey data for the
existing land uses has been combined with ULI shared parking techniques applied to
the proposed medical office uses and pharmacy retail floor area.
The analytical procedures in a Shared Parking analysis are well documented in the
Urban Land Institute’s (ULI’s) Shared Parking (First and Second Editions)
publication. As part of the shared parking calculations, the Project’s shared parking
requirements were added to the existing parking demand observed (based on parking
demand field studies/surveys that were performed), and compares the resultant shared
parking demand for the Project against the future parking supply, in order to identify any
potential parking surplus or deficiency.
The hourly parking demand profiles (expressed in percent of peak demand) utilized in
this analysis and applied to the proposed Project at DBB Building are based on
profiles developed by the Urban Land Institute (ULI) and published in Shared
Parking, 2nd Edition, unless otherwise noted.
For the Project’s proposed Pharmacy-use, the code requirement for general retail of 1
space per 250 SF was utilized and the ULI retail use profiles are applied directly. The
resulting profiles represent the most likely hourly parking demand profile, and are
applied to the City’s retail parking ratio of 1 space per 250 SF. From Table 1, a total
of 1,190 SF of Pharmacy floor area is proposed.
For medical office uses, the parking profile in the ULI publication was used and
applied to the City’s Parking Code ratio of 1 space per 250 SF to forecast its weekday
hourly demand. Based on the proposed Project, the applicant/owner of the building
proposes to convert 5,272 SF of office space within four (4) suites to medical office
uses.
Since the existing parking surveys were conducted while 2,771 SF of office space
was currently occupied in Suites 222 and 222a, adjustments were made to the existing
parking surveys due to the proposed Project renovating and reoccupying these uses
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with medical office use. A composite parking ratio was calculated for each day that
counts were collected and ranged from 2.19 to 2.59 spaces per 1000 SF of GFA,
which is in line with the City’s office parking ratio of 2.5 spaces per 1000 SF of GFA
(1 space per 400 SF of GFA). In order to provide a conservative assessment, the
minimum ratio of 2.19 spaces per 1000 SF was applied to the 2,771 SF existing office
to be converted to medical office and the ULI office use profiles were applied
directly.
Shared Parking Demand Analysis Results
Tables 5, 6 and 7 summarize the results of this approach and present the forecast
parking demand for the vacant uses and the proposed Project for a weekday (Monday,
Tuesday and Wednesday) based on the survey-shared parking methodology.
Appendix B contains the overall shared parking analysis calculation worksheets for
DBB Building for a weekday.
Column (1) of Tables 5, 6 and 7 presents a summary of the weekday (Monday,
Tuesday and Wednesday) parking survey data collected at the site for 31,996 SF of
occupied floor area, as summarized in Tables 2, 3 and 4, respectively, while Column
(2) summarizes the estimated hourly parking demand associated with 2,771 SF of
existing occupied office space that would be renovated to accommodate the proposed
Project. Columns (3) and (4) present the parking accumulation characteristics of the
proposed medical office and pharmacy components of the Project, respectively, for
the hours of 6:00 AM to 6:00 PM. Column (5) presents the expected joint-use parking
demand for the entire site on an hourly basis, while Column (6) summarizes the
hourly parking surplus/deficiency for the DBB Building when compared to the
proposed parking supply of 119 spaces; the percentage surplus/deficiency is also
noted in this column.
Survey/Shared Parking Analysis Results
Review of Tables 5, 6 and 7 show that the overall peak-parking requirement for the
DBB Building during a weekday, assuming full occupancy and completion of the
proposed Project, occurs on Wednesday at 11:00 AM and totals 102 spaces (See
Table 7); the peak parking demand for Monday and Tuesday is less than that, and
totals 89 spaces and 87 spaces, respectively (See Table 5 and Table 6).
Based on a proposed parking supply of 119 spaces, a minimum surplus of 17 spaces
on (14% contingency) a weekday is forecast during the peak hours.
7.1.b
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Figures 3, 4, and 5 graphically illustrate the weekday (Monday, Tuesday and
Wednesday) hourly parking demand forecast for the Project, respectively. Each
vacant land use component and its corresponding hourly Shared Parking demand for
various mixes of uses, which were presented in Tables 5, 6, and 7, are depicted in
these figures relative to a proposed parking supply of 119 spaces. A review of these
figures indicates that the center’s proposed parking supply of 119 spaces will
adequately accommodate the DBB Building’s weekday hourly demand based on the
survey plus shared parking demand analysis.
Survey/Shared Parking Analysis Conclusions
Our findings above indicate that the proposed parking supply for the DBB Building
would be adequate in meeting the overall future parking demand, inclusive of those
associated with the Project, and that it would be reasonable and enforceable for all
Project components to share the parking facilities.
Furthermore, review of Tables 5, 6 and 7 indicate that excluding the parking demand
credit associated with the removal and conversion of 2,771 SF of existing office to
medical office-use would result in an overall peak-parking requirement for the DBB
Building of 108 spaces on Wednesday at 11:00 AM (See Table 7). The peak parking
demand for Monday and Tuesday would be less than that, and total 95 spaces and 93
spaces, respectively. Therefore, if no parking credits were to be applied for the center,
the proposed parking supply of 119 spaces would still adequately accommodate the
DBB Building’s hourly demand.
To help manage parking demands of the existing and proposed tenants it is
recommended that the Property Owner and/or Property Management Company
consider implementation of a Parking Management Plan (PMP).
7.1.b
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PARKING MANAGEMENT PLAN
This Parking Management Plan (PMP) outlines the proposed allocation of parking
supply on site and key parking management strategies to maximize the availability of
parking for customers/visitors and employees of the DBB Building. When the
Property Owner/Property Management Company deems it necessary, the following
key Parking Management Strategies could be implemented to minimize
customer/employee disruption.
PMP measures
Specific PMP measures relative to the employee parking operation and short-term
parking for customers/visitors are described below, and were developed based on the
following objectives:
The PMP should identify where the office/medical office employees park within
the site.
The PMP should identify where location of short-term parking spaces for
customers/visitors to the bank, medical office, office, pharmacy-uses, etc.
1. The Property Owner/Property Management Company work with tenants of the
center to implement an employee parking program, with the goal of providing
convenient and accessible shopping experience for the customers/visitors of the
building and to leave the most desirable parking spaces for use by
customers/visitors. The location of designated employee parking spaces will be
developed in collaboration between Property Owner/Property Management and
the tenants. The employee parking spaces will be identified with a white or yellow
circle. It is noted that these spaces will be open for customer use.
2. Property Owner/Property Management will work with tenants of the building to
identify the need for “short term/time restricted spaces” on an as need basis,
dependent on the needs of the proposed medical office and pharmacy uses. The
short-term spaces may be used for “Patients/Visitors only”. The number and
location of spaces will be determined by Property Owner/Property Management
and the existing/potential tenants.
3. Property Owner/Property Management will work closely and inform with the
tenants to ensure all parking demand associated with the DBB Building occurs
on-site and eliminate parking intrusion in the adjacent properties.
Property Owner/Property Management will work closely with the tenants to insure
that both employees and property management work together to provide the best
experience for the customers/visitors, as well as allowing the most desirable parking
spaces to be accessed by the customers/visitors rather than the employees.
7.1.b
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SUMMARY OF FINDINGS AND CONCLUSIONS
1. 750 N. Diamond Bar Boulevard (DBB) Building is an established professional
office building that includes a tenant mix consisting of general office, medical
office, medical lab, bank, and storage uses, totaling 35,687 square feet (SF). As
currently envisioned, the applicant/owner of the building proposes to convert
5,272 SF of office space within four (4) suites to medical office uses, plus add
1,190 SF of retail pharmacy space in place of office space. Based on the Project
site plan prepared by Primior, the on-site proposed parking supply would be
increased from an existing 102 spaces to 119 spaces.
2. This Parking Study Addendum evaluates the existing tenancy condition as well
as with full occupancy of the site with the proposed medical office and pharmacy
uses using actual parking demand surveys.
3. Direct application of City parking codes to the existing and proposed mix of uses
results in a total parking requirement of 119 parking spaces. When compared
against the proposed parking supply of 119 spaces, the DBB Building satisfies
the City’s parking code requirements.
4. To establish actual parking demand for the DBB Building, and identify potential
parking intrusion into the adjacent properties, existing parking demand surveys of
the subject property were conducted on three recent weekdays (Monday, October
7, 2019, Tuesday, October 8, 2019, and Wednesday, October 9, 2019).
5. The results of the parking demand surveys indicate that a total peak demand of
83 spaces occurred on Wednesday at 11:00 AM, inclusive of those observed
parked in adjacent properties). Comparing the DBB Building’s 83-space peak
demand against the existing supply of 102 spaces corresponds to an observed
surplus of 19 spaces. This existing peak parking demand, when added to the 26-
space code parking requirement of the Project, results in a forecast peak parking
demand for the DBB Building of 109 spaces (83 + 26) upon completion of the
Project. Compared against the proposed 119-space supply, the forecast 109-
space peak parking demand would result in a surplus of 10 spaces (8.4%
contingency supply.
6. A “blended” analysis of actual parking demand for existing occupancies that
were based on a three-day survey of the Project site and the use of the shared
parking approach indicates that the future minimum functional surplus at the DBB
Building will be slightly greater. With additional medical space and a pharmacy,
the resultant maximum or peak shared demand for the Project site is forecast to
7.1.b
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total 102 spaces, which translates to a surplus of 17 spaces when compared to a
proposed parking supply of 119 spaces.
7. Based on the above findings, we conclude that based on the application of the
shared parking approach, and on empirical study of existing parking demand, the
parking needs of the DBB Building upon completion of the Project would be
adequately served by the proposed parking supply.
● ● ● ● ●
We appreciate the opportunity to provide this analysis. Please call us if you have any
questions at 949.825.6175.
Sincerely,
Linscott, Law & Greenspan, Engineers
Richard E. Barretto, P.E.
Principal
cc: Trissa de Jesus Allen, P.E., Senior Transportation Engineer
Johnney Y. Zhang, Chief Executive Officer, Primior
Richard De La Fuente, Architectural Manager, Primior
7.1.b
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N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\3839 -Parking Study Addendum 11-07-2019.docx TABLE 1 EXISTING AND PROPOSED PROJECT DEVELOPMENT SUMMARY & CITY CODE REQUIREMENTS [a] 750 N. DIAMOND BAR BOULEVARD, DIAMOND BAR Suite Tenant100 Magan Medical Clinic 3,326 3,326 3,326 3,326101 JYZRE 3,574 3,574 3,574 3,574102 Vacant 1,1901,190(1,190)1,190 1,190103 Leila Jabaji, MD 1,659 1,659 1,659 1,659110 Quest Diagnostics 1,343 1,343 1,343 1,343111 Pacific Federal Credit Union 2,755 2,755 2,755 2,755112 John Yun, D.D.S 1,764 1,764 1,764 1,764202 Office 988 988 988 988204 Barbara A. Ammon, PhD 460 460 460 460206 Philips Ranch Dental 2,435 2,435 2,435 2,435208 National College Resources Foundatio 2,150 2,150 2,150 2,150212 Paul Brown 1,075 1,075 1,075 1,075214 Disability Rights California 775 775 775 775216 John Tchaboukian, DDS 1,375 1,375 1,375 1,375220 National Commercial Recovery 1,189 1,189 1,189 1,189222 Law Office of Mark Hawkins 2,502 2,502(2,502)2,502 2,502222a Law Office of Mark Hawkins 269 269(269)269 269224 Vacant 1,6771,677(1,677)1,677 1,677226 Waters & Robinson 3,645 3,645 3,645 3,645228 Vacant 824824(824)824 824Storage 1st Floor712 712 712 7120PROJECT TOTAL 19,243 11,634 0 1,343 2,755 712 35,687 12,781 16,906 1,190 1,343 2,755 712 35,687Land Use % Breakdown 54% 32% 0% 4% 8% 2% - 36% 47% 3% 4% 8% 2%- CITY CODE PARKING RATIOS [a]1 space 1 space 1 space 1 space 1 space - 1 space 1 space 1 space 1 space 1 space -per per per per per N/A per per per per per N/A400 SF 250 SF 250 SF [b] 300 SF 300 SF [c] 400 SF 250 SF 250 SF [b] 300 SF 300 SF [c] CITY CODE REQUIREMENTS 48 47 0 5 9 0 109 32 68 5 5 9 0 119EXISTING / FUTURE PARKING SUPPLY-- - ---102-- - ---119(spaces)CODE PARKING SURPLUS - - - - - -(7)-- - ---0(Supply minus Code Requirement)Note:[a] Source: City of Diamond Bar Municipal Code Chapter 22.30 - Off-Street Parking and Loading Standards.[b] City Code does not provide parking ratios for Pharmacy, therefore the ratio for General Retail of 1 space per 250 SF was utilized.[c] No additional parking requirements are attributed to storage because it is ancillary to other uses.Bank StorageTOTALGeneral OfficeMedical Office PharmacyMedical LabTOTALGeneral OfficeMedical Office PharmacyMedical Lab Bank StorageExisting GFA (SF) Proposed Project GFA (SF)7.1.bPacket Pg. 52
3839 -Parking Study Addendum 11-07-2019N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\3839 -Parking Study Addendum 11-07-2019.docx TABLE 2 SUMMARY OF EXISTING PARKING DEMAND SURVEYS – MONDAY, OCTOBER 7, 2019 750 N. DIAMOND BAR BOULEVARD, DIAMOND BAR RegularReserved Parking FCUHC HC Van Green Curb Reserved 20 MinsINVENTORY763311522102%(+/‐)‐‐ ‐‐%(+/‐)6:00 AM800010099%93099%937:00 AM700110099%9321111%918:00 AM190111002222%8032525%779:00 AM370003024241%6074948%5310:00 AM490016015756%4525958%4311:00 AM591116016968%3317069%3212:00 PM551116026665%3616766%351:00 PM510102015554%4705554%472:00 PM500114025857%4436160%413:00 PM520003025756%4505756%454:00 PM561006026564%3716665%365:00 PM340103013938%6303938%636:00 PM160103002020%8202020%82Notes:[1] Additional Cars that parked offsite includes vehicles that parked in the northern/southerm adjacent lots and walked to the Project building (750 N. Diamond Bar Boulevard). See Appendix A for details.Hourly Demand Totals750 N. Diamond Bar Blvd LotTIMESurplus DeficiencyExisting Demand Within Lot Plus Additional Cars Parked OffsiteExisting Plus Additional Cars Parked OffsiteAdditional Cars Parked Offsite [1]Percent OccupancySurplus DeficiencyExisting Demand Within LotPercent Occupancy7.1.bPacket Pg. 53
3839 -Parking Study Addendum 11-07-2019N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\3839 -Parking Study Addendum 11-07-2019.docx TABLE 3 SUMMARY OF EXISTING PARKING DEMAND SURVEYS – TUESDAY, OCTOBER 8, 2019 750 N. DIAMOND BAR BOULEVARD, DIAMOND BAR RegularReserved Parking FCUHC HC Van Green Curb Reserved 20 MinsINVENTORY763311522102%(+/‐)‐‐ ‐‐%(+/‐)6:00 AM100000122%100022%1007:00 AM140002011717%8542121%818:00 AM220102012625%7643029%729:00 AM400102024544%5755049%5210:00 AM500215026059%4216160%4111:00 AM570215026766%3516867%3412:00 PM592212026867%3427069%321:00 PM532313026463%3836766%352:00 PM531214026362%3956867%343:00 PM530215026362%3906362%394:00 PM500106025958%4305958%435:00 PM370004004140%6104140%616:00 PM180002002020%8202020%82Notes:[1] Additional Cars that parked offsite includes vehicles that parked in the northern/southerm adjacent lots and walked to the Project building (750 N. Diamond Bar Boulevard). See Appendix A for details.Hourly Demand Totals750 N. Diamond Bar Blvd LotTIMESurplus DeficiencyExisting Demand Within Lot Plus Additional Cars Parked OffsiteExisting Plus Additional Cars Parked OffsiteExisting Demand Within LotPercent OccupancyAdditional Cars Parked Offsite [1]Percent OccupancySurplus Deficiency7.1.bPacket Pg. 54
3839 -Parking Study Addendum 11-07-2019N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\3839 -Parking Study Addendum 11-07-2019.docx TABLE 4 SUMMARY OF EXISTING PARKING DEMAND SURVEYS – WEDNESDAY, OCTOBER 9, 2019 750 N. DIAMOND BAR BOULEVARD, DIAMOND BAR RegularReserved Parking FCUHC HC Van Green Curb Reserved 20 MinsINVENTORY763311522102%(+/‐)‐‐ ‐‐%(+/‐)6:00 AM300000033%99033%997:00 AM800000088%94199%938:00 AM220011012525%7742928%739:00 AM520212025958%4336261%4010:00 AM580214026766%3547170%3111:00 AM682316028280%2018381%1912:00 PM650104027271%3017372%291:00 PM570004026362%3916463%382:00 PM500003025554%4715655%463:00 PM560114026463%3816564%374:00 PM491003025554%4705554%475:00 PM341002023938%6303938%636:00 PM161000021919%8301919%83Notes:[1] Additional Cars that parked offsite includes vehicles that parked in the northern/southerm adjacent lots and walked to the Project building (750 N. Diamond Bar Boulevard). See Appendix A for details.Hourly Demand Totals750 N. Diamond Bar Blvd LotTIMESurplus DeficiencyExisting Demand Within Lot Plus Additional Cars Parked OffsiteExisting Plus Additional Cars Parked OffsiteExisting Demand Within LotPercent OccupancyAdditional Cars Parked Offsite [1]Percent OccupancySurplus Deficiency7.1.bPacket Pg. 55
3839 -Parking Study Addendum 11-07-2019N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\3839 -Parking Study Addendum 11-07-2019.docx TABLE 5 WEEKDAY SURVEY PLUS SHARED PARKING DEMAND ANALYSIS – MONDAY [1] 750 N. DIAMOND BAR BOULEVARD, DIAMOND BAR Land UseVacant/Proposed Medical OfficeProposed PharmacySize 31.996 KSF 2.771 KSF 5.272 KSF 1.190 KSFPkg Rate 2.19 /KSF [3] 4.0 /KSF 4.00 /KSF Comparison w/Gross 6 Spc. 21 Spc. 5 Spc. Parking SupplySpacesShared 119 Spaces [4]Number of Number of Number of Parking Surplus SurplusTime of Day Spaces Spaces Spaces Demand (Deficiency) Percentage6:00 AM 9 0 0 0 9 110 92%7:00 AM 11 -2 0 0 9 110 92%8:00 AM 25 -5 17 1 38 81 68%9:00 AM 49 -6 20 2 65 54 45%10:00 AM 59 -6 21 3 77 42 35%11:00 AM 70 -6 21 4 89 30 25%12:00 PM 67 -5 11 4 77 42 35%1:00 PM 55 -5 20 5 75 44 37%2:00 PM 61 -6 21 4 80 39 33%3:00 PM 57 -6 21 4 76 43 36%4:00 PM 66 -5 20 4 85 34 29%5:00 PM 39 -3 18 4 58 61 51%6:00 PM 20 -2 14 4 36 83 70%89Notes:[1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005.[3] Parking demand associated with existing office to be removed was based on evaluation of existing parking data of 750 N. Diamond Bar Blvd. [4] Based on information provided by Primior, the total Proposed Parking Supply is 119 spaces.[2] Existing parking counts conducted by National Data & Surveying Services (NDS) on Monday, October 7, 2019. Includes cars that parked in the Northern/Southern Offsite Areas and walked to the Project SiteParkingDemand [2]Existing Occupied Center (Year 2019)Existing Office to be RemovedActualObservedHourly7.1.bPacket Pg. 56
3839 -Parking Study Addendum 11-07-2019N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\3839 -Parking Study Addendum 11-07-2019.docx TABLE 6 WEEKDAY SURVEY PLUS SHARED PARKING DEMAND ANALYSIS – TUESDAY [1] 750 N. DIAMOND BAR BOULEVARD, DIAMOND BAR Land UseVacant/Proposed Medical OfficeProposed PharmacySize 31.996 KSF 2.771 KSF 5.272 KSF 1.190 KSFPkg Rate 2.19 /KSF [3] 4.0 /KSF 4.00 /KSF Comparison w/Gross 6 Spc. 21 Spc. 5 Spc. Parking SupplySpacesShared 119 Spaces [4]Number of Number of Number of Parking Surplus SurplusTime of Day Spaces Spaces Spaces Demand (Deficiency) Percentage6:00 AM 2 0 0 0 2 117 98%7:00 AM 21 -2 0 0 19 100 84%8:00 AM 30 -5 17 1 43 76 64%9:00 AM 50 -6 20 2 66 53 45%10:00 AM 61 -6 21 3 79 40 34%11:00 AM 68 -6 21 4 87 32 27%12:00 PM 70 -5 11 4 80 39 33%1:00 PM 67 -5 20 5 87 32 27%2:00 PM 68 -6 21 4 87 32 27%3:00 PM 63 -6 21 4 82 37 31%4:00 PM 59 -5 20 4 78 41 34%5:00 PM 41 -3 18 4 60 59 50%6:00 PM 20 -2 14 4 36 83 70%87Notes:[1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005.[3] Parking demand associated with existing office to be removed was based on evaluation of existing parking data of 750 N. Diamond Bar Blvd. [4] Based on information provided by Primior, the total Proposed Parking Supply is 119 spaces.ParkingDemand [2]HourlyExisting Occupied Center (Year 2019)Existing Office to be RemovedActual[2] Existing parking counts conducted by National Data & Surveying Services (NDS) on Tuesday, October 8, 2019. Includes cars that parked in the Northern/Southern Offsite Areas and walked to the Project SiteObserved7.1.bPacket Pg. 57
3839 -Parking Study Addendum 11-07-2019N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\3839 -Parking Study Addendum 11-07-2019.docx TABLE 7 WEEKDAY SURVEY PLUS SHARED PARKING DEMAND ANALYSIS – WEDNESDAY [1] 750 N. DIAMOND BAR BOULEVARD, DIAMOND BAR Land UseVacant/Proposed Medical OfficeProposed PharmacySize 31.996 KSF 2.771 KSF 5.272 KSF 1.190 KSFPkg Rate 2.19 /KSF [3] 4.0 /KSF 4.00 /KSF Comparison w/Gross 6 Spc. 21 Spc. 5 Spc. Parking SupplySpacesShared 119 Spaces [4]Number of Number of Number of Parking Surplus SurplusTime of Day Spaces Spaces Spaces Demand (Deficiency) Percentage6:00 AM 3 0 0 0 3 116 97%7:00 AM 9 -2 0 0 7 112 94%8:00 AM 29 -5 17 1 42 77 65%9:00 AM 62 -6 20 2 78 41 34%10:00 AM 71 -6 21 3 89 30 25%11:00 AM 83 -6 21 4 102 17 14%12:00 PM 73 -5 11 4 83 36 30%1:00 PM 64 -5 20 5 84 35 29%2:00 PM 56 -6 21 4 75 44 37%3:00 PM 65 -6 21 4 84 35 29%4:00 PM 55 -5 20 4 74 45 38%5:00 PM 39 -3 18 4 58 61 51%6:00 PM 19 -2 14 4 35 84 71%102Notes:[1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005.[3] Parking demand associated with existing office to be removed was based on evaluation of existing parking data of 750 N. Diamond Bar Blvd. [4] Based on information provided by Primior, the total Proposed Parking Supply is 119 spaces.[2] Existing parking counts conducted by National Data & Surveying Services (NDS) on Wednesday, October 9, 2019. Includes cars that parked in the Northern/Southern Offsite Areas and walked to the Project SiteParkingDemand [2]Exis ting Occupied Center (Year 2019)Existing Office to be RemovedActualObservedHourly7.1.bPacket Pg. 58
LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3839-1
750 N. Diamond Bar Blvd Parking, Diamond Bar
N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\Dividers\3839 Dividers.doc
APPENDIX A
EXISTING 750 N. DIAMOND BAR BLVD PARKING DEMAND COUNTS
7.1.b
Packet Pg. 59
LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-16-3695-1
Kendall-Palm Commercial, San Bernardino
N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\Dividers\3839 Sub-Dividers.doc
APPENDIX A-I
PARKING DEMAND STUDY
7.1.b
Packet Pg. 60
Location: 750 N Diamond Bar BlvdDate:10/7/2019City: Diamond BarDay:MondayRegularReserved Parking FCUHC HC Van Green Curb Reserved 20 MinsINVENTORY 76 3 3 1 15 2 2 1026:00800010097:00700110098:0019011100229:00370003024210:00490016015711:00591116016912:00551116026613:00510102015514:00500114025815:00520003025716:00561006026517:00340103013918:001601030020Parking StudyPrepared by National Data & Surveying ServicesMAX OCCUPANCYMAX HOUR6911:00:00 AMTOTALTIMELot 17.1.bPacket Pg. 61
Location: 750 N Diamond Bar BlvdDate:10/8/2019City: Diamond BarDay:TuesdayRegularReserved Parking FCUHC HC Van Green Curb Reserved 20 MinsINVENTORY 76 3 3 1 15 2 2 1026:00100000127:0014000201178:0022010201269:00400102024510:00500215026011:00570215026712:00592212026813:00532313026414:00531214026315:00530215026316:00500106025917:00370004004118:001800020020MAX HOUR12:00:00 AMPrepared by National Data & Surveying ServicesParking StudyTIMELot 1TOTALMAX OCCUPANCY687.1.bPacket Pg. 62
Location: 750 N Diamond Bar BlvdDate:10/9/2019City: Diamond BarDay:WednesdayRegularReserved Parking FCUHC HC Van Green Curb Reserved 20 MinsINVENTORY 76 3 3 1 15 2 2 1026:00300000037:00800000088:0022001101259:00520212025910:00580214026711:00682316028212:00650104027213:00570004026314:00500003025515:00560114026416:00491003025517:00341002023918:001610000219MAX HOUR11:00:00 AMPrepared by National Data & Surveying ServicesParking StudyTIMELot 1TOTALMAX OCCUPANCY827.1.bPacket Pg. 63
LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-16-3695-1
Kendall-Palm Commercial, San Bernardino
N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\Dividers\3839 Sub-Dividers.doc
APPENDIX A-II
PEDESTRIAN AFFINITY STUDY
7.1.b
Packet Pg. 64
Location:750 N Diamond Bar BlvdDate:10/7/2019City:Diamond BarDay:MondayNumber of Pedestrians per GroupParked in Project Site and went to Northern Offsite AreaParked in Project Site and went to Southern Offsite AreaParked in Northern Offsite Area and went to Project SiteParked in Southern Offsite Area and went to Project Site7:56 AM2X8:42 AM1X8:56 AM1X8:57 AM1X9:01 AM1X9:09 AM1X9:12 AM1X9:19 AM1X9:32 AM1X9:33 AM1X9:40 AM1X10:10 AM1X10:57 AM1X11:00 AM1X12:26 PM1X2:25 PM1X2:26 PM1X2:56 PM1X4:16 PM1XPrepared by National Data & Surveying ServicesObservation StudyTime7.1.bPacket Pg. 65
Location:750 N Diamond Bar BlvdDate:10/8/2019City:Diamond BarDay:TuesdayNumber of Pedestrians per GroupParked in Project Site and went to Northern Offsite AreaParked in Project Site and went to Southern Offsite AreaParked in Northern Offsite Area and went to Project SiteParked in Southern Offsite Area and went to Project Site7:56 AM2XX7:57 AM2X8:00 AM1X8:20 AM1X8:50 AM2X9:00 AM1X9:07 AM1X9:30 AM1X9:33 AM1X9:46 AM1X10:45 AM1X11:49 AM1X12:17 PM1X12:51 PM1X1:10 PM1XX1:50 PM2X2:21 PM1X2:24 PM1X2:53 PM2X2:57 PM1XPrepared by National Data & Surveying ServicesObservation StudyTime7.1.bPacket Pg. 66
Location:750 N Diamond Bar BlvdDate:10/9/2019City:Diamond BarDay:WednesdayNumber of Pedestrians per GroupParked in Project Site and went to Northern Offsite AreaParked in Project Site and went to Southern Offsite AreaParked in Northern Offsite Area and went to Project SiteParked in Southern Offsite Area and went to Project Site7:58 AM1X8:00 AM1X8:14 AM1X8:39 AM1X8:51 AM1X9:30 AM1X9:41 AM1X9:53 AM1X10:35 AM1X10:35 AM1X10:36 AM1X10:48 AM1X11:46 AM1X12:25 PM1X1:10 PM1X2:41 PM1X3:42 PM1XPrepared by National Data & Surveying ServicesObservation StudyTime7.1.bPacket Pg. 67
LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-16-3695-1
Kendall-Palm Commercial, San Bernardino
N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\Dividers\3839 Sub-Dividers.doc
APPENDIX A-III
TURNOVER/DURATION STUDY
7.1.b
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7.1.bPacket Pg. 69
Project:19‐5601Date:10/7/2019City:Diamond BarDay:Monday6:00AM 7:00AM 8:00AM 9:00AM 10:00AM 11:00AM 12:00PM 1:00PM 2:00PM 3:00PM 4:00PM 5:00PM 6:00PM 0 ‐ 1 HRS 1 ‐ 2 HRS 2 ‐ 3 HRS 3 ‐ 4 HRS 4 ‐ 5 HRS 5 ‐ 6 HRS 6 ‐ 7 HRS 7 ‐ 8 HRS 8 ‐ 9 HRS 9 ‐ 10 HRS 10 ‐ 11 HRS 11 ‐ 12 HRS 12+ HRSLot 001 Reserved Parking FCU 1Lot 001 Reserved Parking FCU 2HOO2 A341 2Lot 001 Reserved Parking FCU 3UO92 1Lot 001 Regular 4D569 V792 X G932 E285 31Lot 001 Regular 5L7751Lot 001 Regular 6D911XXXXXXXX1Lot 001 Regular 757N1 X X E978 X11Lot 001 Regular 8S719 X P347 11Lot 001 Regular 9Y554 64C2 58V1 P8O9 W189 5Lot 001 Regular 10W291 A911XXXXX545O 21Lot 001 Regular 11G639 H439 X X 11Lot 001 Regular 12F5O8 N258XXXXXXXX 11Lot 001 Regular 13B266 1Lot 001 Regular 14Y577 X38O Z523 X X X296 SZEA X J481 X 321Lot 001 HC 15Lot 001 HC 16V617 9O6M 2Lot 001 HC 17D922 B64O L242 T433 X 31Lot 001 HC Van 18AZTC X C241 Y55O YOO6 A281 41Lot 001 Regular 19I4JJ A169 N598 NIMO X 31Lot 001 Green Curb 20DO14 M782XXXXXXX 11Lot 001 Green Curb 21U454 L83O 57O6 H1O9 K2OO 5Lot 001 Green Curb 22J894 T134 NIMO X 21Lot 001 Regular 23J875 IT7O J97O 3Lot 001 Regular 24T367XXXXXX1Lot 001 Regular 25W833 I66O NP W998 57N1 5Lot 001 Regular 26W883 C785 X D426 X X 111Lot 001 Regular 27V146 NP X428 U427 X X X 31Lot 001 Regular 28G3O7XXXXXXXXX1Lot 001 Regular 29C338XXXXXXX1Lot 001 Regular 30R898 L336XXXXX 11Lot 001 Regular 31C317XXXXXXXX1Lot 001 Regular 32J153 U296 Y128 3Lot 001 Regular 3342A2 X XXXXXXXXXXX1Lot 001 Regular 343O98XXXXXXXX1Lot 001 Regular 35G783 P892 2Lot 001 Regular 36DO33 F9O6XXXXXXXX 11Lot 001 Regular 37F996XXXXXXXX1Lot 001 Regular 38H535 T862XXXXXX 11Lot 001 Regular 39M33O 1PO9XXXXXXX 11Lot 001 Regular 40YO26XXXXXXX1Lot 001 Regular 41W984 X X D6O3 X433 21Lot 001 Regular 42C724XXXXXXX1Lot 001 Regular 43L1CP X X1Lot 001 Regular 44L191XXXXXXX1Lot 001 Regular 45D426 X X N3O9 A43O X W984 X 121Lot 001 Regular 46N215XXXX23O8 11Lot 001 Regular 47M736XXXXXXXX1Lot 001 Regular 48H49OXXXXXXX1Lot 001 Regular 49Lot 001 Regular 50Lot 001 Regular 51V662 X X X X 84T2XXXXX11Lot 001 Regular 52Lot 001 Regular 533OP1 X X FO42 E185 21Lot 001 Regular 54P841XXXXXXX1Lot 001 Regular 55RO89XXXXXXX1Lot 001 Regular 56E8O61Lot Space Type SpaceTimePrepared by National Data & Surveying ServicesParking StudyDuration7.1.bPacket Pg. 70
Lot 001 Regular 57U926 LSQD X X R698 48FO X X 22Lot 001 Green Curb 58Lot 001 Green Curb 593OP1 X X X1Lot 001 Green Curb 60B1OO 1Lot 001 Green Curb 61H4O4XXXXXXX1Lot 001 Green Curb 62Lot 001 Green Curb 63D266 X X1Lot 001 Green Curb 64Lot 001 Green Curb 65D266 X X X X1Lot 001 Green Curb 66Lot 001 Green Curb 67M1O1 W997 2Lot 001 Green Curb 689189 1Lot 001 Green Curb 69H3O5 X X1Lot 001 Regular 70D398XXXXXXXX1Lot 001 Regular 71Lot 001 Regular 72M199XXXXXXXXX1Lot 001 Regular 73JO82XXXXXXX1Lot 001 Regular 74Lot 001 Regular 75Lot 001 Regular 76N24O X X X1Lot 001 Regular 7756POXXXXXXXX1Lot 001 Regular 78Lot 001 Regular 79U691 X XXXXXX1Lot 001 Regular 80J864XXXXXXXX1Lot 001 Regular 81EO19 X X X X X1Lot 001 Regular 82V657 X X X1Lot 001 Regular 83Lot 001 Regular 84N1O5XXXXXX1Lot 001 Regular 85J553XXXXXDOO4 11Lot 001 Regular 86NO62XXXXXXX1Lot 001 Regular 87VYZ GOOO M625 37N1 4Lot 001 Regular 88U9O6XXXX1Lot 001 Regular 89M246XXXXXXXX1Lot 001 Regular 90DO18 X D37OXXXX11Lot 001 Regular 91J424 XO56 HO64XXXXXX 21Lot 001 Regular 92R288XXXXXXXX1Lot 001 Regular 93F953XXXXXXXX1Lot 001 Reserved 94Lot 001 Reserved 95Lot 001 Regular 96O919 E876XXXXXXXXX 11Lot 001 Regular 97C1O1 J486XXXXXX 11Lot 001 Regular 98A461 X XXXXXXXXXXS584 11Lot 001 Regular 99ARNF X XXXXXXXXXK197 11Lot 001 Regular 100D983 X XXXXXLICP X V792 X X X11 1Lot 001 20 Mins 101C156XXXXXXXX1Lot 001 20 Mins 102B1OO U427 B1OO X X 217.1.bPacket Pg. 71
Project:19‐5601Date:10/8/2019City:Diamond BarDay:Tuesday6:00AM 7:00AM 8:00AM 9:00AM 10:00AM 11:00AM 12:00PM 1:00PM 2:00PM 3:00PM 4:00PM 5:00PM 6:00PM 0 ‐ 1 HRS 1 ‐ 2 HRS 2 ‐ 3 HRS 3 ‐ 4 HRS 4 ‐ 5 HRS 5 ‐ 6 HRS 6 ‐ 7 HRS 7 ‐ 8 HRS 8 ‐ 9 HRS 9 ‐ 10 HRS 10 ‐ 11 HRS 11 ‐ 12 HRS 12+ HRSLot 001 Reserved Parking FCU 1P799 K511 X 11Lot 001 Reserved Parking FCU 25962 X1Lot 001 Reserved Parking FCU 3Lot 001 Regular 4Lot 001 Regular 55291 X1Lot 001 Regular 66A15 X E412 11Lot 001 Regular 7OOM2XXXXXXXX1Lot 001 Regular 8R636 53O2 F696 424O 75O2 X X 41Lot 001 Regular 9XBO2 Y144 G19O X 21Lot 001 Regular 10KO2O H768 O926 M576 4Lot 001 Regular 11F257 A444 D221 2344 4Lot 001 Regular 12L7531Lot 001 Regular 13R859 T867XXXXXXX 11Lot 001 Regular 14H732 J8O9XXXXXXXX 11Lot 001 HC 15V427 X P689 X2Lot 001 HC 16SX72 N24O X X XOO1 21Lot 001 HC 17X615 F438 J99OXXXX 21Lot 001 HC Van 18VO92 5321 X747 M217 X CO21 41Lot 001 Regular 19X742 X X X 135C V782 21Lot 001 Green Curb 20P534 P125 LC1P X X 21Lot 001 Green Curb 21G381 P66O 59N2 NIMO 4Lot 001 Green Curb 22E133 M792 J573 X 21Lot 001 Regular 23HO95 H5O2 X AANR X8O9 31Lot 001 Regular 24E4O7 V296 X X OLOR X D37O 211Lot 001 Regular 25ADHA W6O4XXXXXX 11Lot 001 Regular 265962 R61O NP X X H656 X 211Lot 001 Regular 27F953XXXXXXXXX1Lot 001 Regular 28C824 X X X X1Lot 001 Regular 29G3O7XXXXXX1Lot 001 Regular 30F996XXXXXXXX1Lot 001 Regular 31C317XXXXXXXX1Lot 001 Regular 32T367XXXXXXXXXX1Lot 001 Regular 3342A2 X XXXXXXXXXXX1Lot 001 Regular 343O9BXXXXXXXXX1Lot 001 Regular 35E664 YO24XXXXXXX 11Lot 001 Regular 36PO36 M782XXXXXXX 11Lot 001 Regular 37F9O6XXXXXXXX1Lot 001 Regular 3884T2XXXXXX1Lot 001 Regular 39A562 TPO9XXXXXX 11Lot 001 Regular 40P841XXXXXXX1Lot 001 Regular 41L567 X X L191XXXXX11Lot 001 Regular 42RO89XXXXXXX1Lot 001 Regular 43H4O4XXXXXXXXX1Lot 001 Regular 44H168 F671XXXXXX 11Lot 001 Regular 45L362 K362 W984XXXXXX 21Lot 001 Regular 46X427XXXXXV347 X X X11Lot 001 Regular 47M736XXXXXXXX1Lot 001 Regular 48N1O5XXXXXXXXX1Lot 001 Regular 49Lot 001 Regular 50Lot 001 Regular 51V662 XXXXXXXX1Lot 001 Regular 52671B XXXXXXXX1Lot 001 Regular 53BOO3 X1Lot 001 Regular 54D911XXXXXXXXX1Lot 001 Regular 55U631XXXXXX1Lot 001 Regular 563OP1XXXX1SpaceSpace TypeLotTimePrepared by National Data & Surveying ServicesParking StudyDuration7.1.bPacket Pg. 72
Lot 001 Regular 57O919XXXX1Lot 001 Green Curb 58D398XXXXXXXXX1Lot 001 Green Curb 59PO34XXXXXXXX1Lot 001 Green Curb 60X264 X X X X1Lot 001 Green Curb 61Lot 001 Green Curb 62Lot 001 Green Curb 63Lot 001 Green Curb 64Lot 001 Green Curb 65Lot 001 Green Curb 66Lot 001 Green Curb 67U427XXXX1Lot 001 Green Curb 68Lot 001 Green Curb 69Lot 001 Regular 70R671XXXXX1Lot 001 Regular 7152J2 1Lot 001 Regular 72Lot 001 Regular 73M199XXXXX1Lot 001 Regular 74R211 X1Lot 001 Regular 753W7 1Lot 001 Regular 76K198 X X 24N2 X X2Lot 001 Regular 77S372XXXX1Lot 001 Regular 78Lot 001 Regular 79135C X F479 11Lot 001 Regular 80C724XXXXXX1Lot 001 Regular 81HO64XXXXXX1Lot 001 Regular 82G586 H49OXXXXXXXX 11Lot 001 Regular 83D3851Lot 001 Regular 84E8761Lot 001 Regular 85M246XXXXXXXXX1Lot 001 Regular 86JO82XXXXXXXX1Lot 001 Regular 87B1OOXXXXXX1Lot 001 Regular 88R614 X X C733 X X2Lot 001 Regular 89J553XXXXXP315 11Lot 001 Regular 90F876XXXXXX1Lot 001 Regular 91L385XXXXXXXX1Lot 001 Regular 9257N1XXXXXXXX1Lot 001 Regular 93C156XXXXXXX1Lot 001 Reserved 94Lot 001 Reserved 95Lot 001 Regular 9653O2 NP X X X T1O2 X X X 12Lot 001 Regular 97J864XXXXXXXX1Lot 001 Regular 98U691 XXXXXV792XXXXX2Lot 001 Regular 99A461 XXXXXXXXX1Lot 001 Regular 100D983 XXXXXR691 X X11Lot 001 20 Mins 101R288XXXXXXX1Lot 001 20 Mins 1022736 NP XXXXXXXXX 117.1.bPacket Pg. 73
Project:19‐5601Date:10/9/2019City:Diamond BarDay:Wednesday6:00AM 7:00AM 8:00AM 9:00AM 10:00AM 11:00AM 12:00PM 1:00PM 2:00PM 3:00PM 4:00PM 5:00PM 6:00PM 0 ‐ 1 HRS 1 ‐ 2 HRS 2 ‐ 3 HRS 3 ‐ 4 HRS 4 ‐ 5 HRS 5 ‐ 6 HRS 6 ‐ 7 HRS 7 ‐ 8 HRS 8 ‐ 9 HRS 9 ‐ 10 HRS 10 ‐ 11 HRS 11 ‐ 12 HRS 12+ HRSLot 001 Reserved Parking FCU 16A151Lot 001 Reserved Parking FCU 2C823 V792 X X 11Lot 001 Reserved Parking FCU 3Lot 001 Regular 4L9O4XXXXX4O64 11Lot 001 Regular 5U732 U296 X 11Lot 001 Regular 6Z691 V896 2Lot 001 Regular 7W439 X R847 P776 X 12Lot 001 Regular 8D136 X V657 X X X11Lot 001 Regular 9A222 V759 V128 LICP X X 31Lot 001 Regular 10NP X S751 11Lot 001 Regular 11J44O D458 NP X K613 X X 211Lot 001 Regular 12U8O9XXXXRAMC X11Lot 001 Regular 13C156XXXXO3M2 11Lot 001 Regular 14S641 M245 D899 P4O9 X 31Lot 001 HC 15N24O X X X1Lot 001 HC 1633LW X H48711Lot 001 HC 17F449 T423 2Lot 001 HC Van 18W357 V958 H597 X F5O6 31Lot 001 Regular 19J141 3681 RSHP N842 4Lot 001 Green Curb 20S838XXXXX75B1 X11Lot 001 Green Curb 21WO4O JJ9OXXXXN271 21Lot 001 Green Curb 22E678 X T15O A527 X D291 X 13Lot 001 Regular 23F35O 135C X X A873 H136 31Lot 001 Regular 246769 X X C422 H926 NIMOXXXX 211Lot 001 Regular 25D233 L826 T785 3Lot 001 Regular 26M992 X X X A34O F732 P84O 31Lot 001 Regular 27M782XXXXXXXXX1Lot 001 Regular 28F996XXXX NPXXX11Lot 001 Regular 29G3O7XXXXXXXX1Lot 001 Regular 30S725XXXXXXXXX1Lot 001 Regular 31C317XXXXL336XXXX2Lot 001 Regular 3257N1 X K397 11Lot 001 Regular 3342A2 X XXXXXXXXXXX1Lot 001 Regular 343O98XXXXXXXX1Lot 001 Regular 35W984XXXXXXXX1Lot 001 Regular 36B853 S59O X X JO82 X X X 111Lot 001 Regular 37BO7OXXXXXXXXC252 11Lot 001 Regular 3884T2XXXXXXXX1Lot 001 Regular 39U9O6XXXXXXXXX1Lot 001 Regular 40M378XXXXXXXX1Lot 001 Regular 41S691XXXXXXXX1Lot 001 Regular 42D911XXXXXXXX1Lot 001 Regular 4319O1XXXXXXXN846 11Lot 001 Regular 44D426XXXXXXXX1Lot 001 Regular 45T995 X E661 L191XXXXXX 111Lot 001 Regular 46C735XXXXXD37O NP X X 111Lot 001 Regular 47M736XXXXXXXXX1Lot 001 Regular 48M246XXXXXXXXX1Lot 001 Regular 49Lot 001 Regular 50Lot 001 Regular 51V7O7 1Lot 001 Regular 52V662 XXXXXXXX1Lot 001 Regular 53U926 X X E121 11Lot 001 Regular 54J412XXXX1Lot 001 Regular 55YO26XXXXXXX1Lot 001 Regular 563OP1 X X1Prepared by National Data & Surveying ServicesParking StudyLot Space Type SpaceTimeDuration7.1.bPacket Pg. 74
Lot 001 Regular 57PO34XXXXXXXX1Lot 001 Green Curb 58K2521Lot 001 Green Curb 59Lot 001 Green Curb 60Lot 001 Green Curb 61Lot 001 Green Curb 62Lot 001 Green Curb 63YO791Lot 001 Green Curb 64Lot 001 Green Curb 65Lot 001 Green Curb 66B249 X1Lot 001 Green Curb 67Lot 001 Green Curb 68Lot 001 Green Curb 69K31O X J631 X X X M63O 111Lot 001 Regular 70D398XXXXX1Lot 001 Regular 71Lot 001 Regular 72M199XXXX1Lot 001 Regular 73J356 B5O52Lot 001 Regular 74F671XXXXXX1Lot 001 Regular 75U995 L7O5 X 11Lot 001 Regular 76L385XXXXXXX1Lot 001 Regular 77H49OXXXXXX1Lot 001 Regular 7856POXXXX1Lot 001 Regular 79B35O X X X1Lot 001 Regular 80D266 X X B356 X X X11Lot 001 Regular 81P863 Y7O7 3OP1XXXX 21Lot 001 Regular 82C724XXXXXX1Lot 001 Regular 83Lot 001 Regular 84N1O5XXXXXXX1Lot 001 Regular 85L744 K767 J553XXXXP485 X 211Lot 001 Regular 86R425XXXXXXXXX1Lot 001 Regular 87NP X X X Z499 F134 X X 111Lot 001 Regular 88RO89XXXXXXXX1Lot 001 Regular 89O8J1 B1OOXXXXNO62 X X X 111Lot 001 Regular 90E876XXXXXXXXX1Lot 001 Regular 91X427 XXXXXN58O 11Lot 001 Regular 92P841XXXXXXX1Lot 001 Regular 93R691 X X X S6OO X T367 X X X R691 X X112Lot 001 Reserved 94Lot 001 Reserved 95Lot 001 Regular 96U691 XXXXXXC733 X11Lot 001 Regular 97J864XXXXXXXXX1Lot 001 Regular 98A461 XXXXXXXXX1Lot 001 Regular 99ARFN XXXXXXXXG3E2 11Lot 001 Regular 100D983 XXXXXX135C 8P33 21Lot 001 20 Mins 101R288XXXXXXXA917 X11Lot 001 20 Mins 102F953XXXXXXXT367 X X117.1.bPacket Pg. 75
Project:19‐5601City:Diamond Bar0 ‐ 1 HRS 1 ‐ 2 HRS 2 ‐ 3 HRS 3 ‐ 4 HRS 4 ‐ 5 HRS 5 ‐ 6 HRS 6 ‐ 7 HRS 7 ‐ 8 HRS 8 ‐ 9 HRS 9 ‐ 10 HRS 10 ‐ 11 HRS 11 ‐ 12 HRS 12+ HRSNumber of Vehicles881413555613143111Percentage of total52.1% 8.3% 7.7% 3.0% 3.0% 3.0% 3.6% 7.7% 8.3% 1.8% 0.6% 0.6% 0.6%Number of Vehicles601511478117149101Percentage of total40.5% 10.1% 7.4% 2.7% 4.7% 5.4% 7.4% 4.7% 9.5% 6.1% 0.7% 0.0% 0.7%Number of Vehicles6523131213567139001Percentage of total38.9% 13.8% 7.8% 7.2% 7.8% 3.0% 3.6% 4.2% 7.8% 5.4% 0.0% 0.0% 0.6%Number of Vehicles213 52 37 21 25 18 23 27 41 21 2 1 3Percentage of total44.0% 10.7% 7.6% 4.3% 5.2% 3.7% 4.8% 5.6% 8.5% 4.3% 0.4% 0.2% 0.6%Parking StudyPrepared by National Data & Surveying ServicesMondayTuesdayGrand TotalDurationWednesday7.1.bPacket Pg. 76
LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3839-1
750 N. Diamond Bar Blvd Parking, Diamond Bar
N:\3800\2173839 - 750 N. Diamond Bar Blvd Parking, Diamond Bar\2019 Parking Study Addendum\Report\Dividers\3839 Dividers.doc
APPENDIX B
ULI SHARED PARKING CALCULATION WORKSHEETS
7.1.b
Packet Pg. 77
Land Use
Size 2.771 KSF
Pkg Rate[2] 2.188 /KSF
Mode Adjust 1.00 1.00
Non-Captive Ratio 1.00 1.00
Gross 6 Spaces
Spaces 0 Visitor Spc. 6 Emp. Spc.Shared
Time % Of # Of % Of # Of Parking
of Day Peak [3] Spaces Peak [3] Spaces Demand
6:00 AM 0% 0 3% 0 0
7:00 AM 1% 0 30% 2 2
8:00 AM 20% 0 75% 5 5
9:00 AM 60% 0 95% 6 6
10:00 AM 100% 0 100% 6 6
11:00 AM 45% 0 100% 6 6
12:00 PM 15% 0 90% 5 5
1:00 PM 45% 0 90% 5 5
2:00 PM 100% 0 100% 6 6
3:00 PM 45% 0 100% 6 6
4:00 PM 15% 0 90% 5 5
5:00 PM 10% 0 50% 3 3
6:00 PM 5% 0 25% 2 2
Notes:
[1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005.
[3] Percentage of peak parking demand factors reflect relationships between weekday parking
demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared
Parking" manual.
Appendix Table B-1
OCCUPIED OFFICE TO BE REMOVED
WEEKDAY SHARED PARKING DEMAND ANALYSIS [1]
Office
[2] Parking rates for all land uses based on City code.
7.1.b
Packet Pg. 78
Land Use
Size 5.272 KSF
Pkg Rate[2] 4 /KSF
Mode Adjust 1.00 1.00
Non-Captive Ratio 1.00 1.00
Gross 21 Spaces
Spaces 14 Visitor Spc. 7 Emp. Spc.Shared
Time % Of # Of % Of # Of Parking
of Day Peak [3] Spaces Peak [3] Spaces Demand
6:00 AM 0% 0 0% 0 0
7:00 AM 0% 0 0% 0 0
8:00 AM 90% 13 60% 4 17
9:00 AM 90% 13 100% 7 20
10:00 AM 100% 14 100% 7 21
11:00 AM 100% 14 100% 7 21
12:00 PM 30% 4 100% 7 11
1:00 PM 90% 13 100% 7 20
2:00 PM 100% 14 100% 7 21
3:00 PM 100% 14 100% 7 21
4:00 PM 90% 13 100% 7 20
5:00 PM 80% 11 100% 7 18
6:00 PM 67% 9 67% 5 14
Notes:
[1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005.
[3] Percentage of peak parking demand factors reflect relationships between weekday parking
demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared
Parking" manual.
Appendix Table B-2
PROPOSED MEDICAL/DENTAL OFFICE
WEEKDAY SHARED PARKING DEMAND ANALYSIS [1]
Medical/Dental Office
[2] Parking rates for all land uses based on City code.
7.1.b
Packet Pg. 79
Land Use
Size 1.190 KSF
Pkg Rate[2] 4 /KSF
Mode Adjust 1.00 1.00
Non-Captive Ratio 1.00 1.00
Gross 5 Spaces
Spaces 4 Guest Spc. 1 Emp. Spc.Shared
Time % Of # Of % Of # Of Parking
of Day Peak [3] Spaces Peak [3] Spaces Demand
6:00 AM 1% 0 9% 0 0
7:00 AM 5% 0 14% 0 0
8:00 AM 14% 1 36% 0 1
9:00 AM 32% 1 68% 1 2
10:00 AM 59% 2 77% 1 3
11:00 AM 77% 3 86% 1 4
12:00 PM 86% 3 90% 1 4
1:00 PM 90% 4 90% 1 5
2:00 PM 86% 3 90% 1 4
3:00 PM 81% 3 90% 1 4
4:00 PM 81% 3 90% 1 4
5:00 PM 86% 3 86% 1 4
6:00 PM 86% 3 86% 1 4
Notes:
[2] Parking rates for all land uses based on City code.
Appendix Table B-3
PROPOSED PHARMACY
WEEKDAY SHARED PARKING DEMAND ANALYSIS [1]
Shopping Center (Typical Days)
[1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005.
[3] Percentage of peak parking demand factors reflect relationships between weekday parking
demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared
Parking" manual.
7.1.b
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MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
SEPTEMBER 24, 2019
CALL TO ORDER:
Chair/Barlas called the meeting to order at 6:32 p.m. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765,
PLEDGE OF ALLEGIANCE: Commissioner Rawlings led the Pledge of Allegiance.
1. ROLL CALL: COMMISSIONERS: Jennifer "Fred" Mahlke, Kenneth Mok,
William Rawlings, Vice Chairperson Frank Farago and Chairperson Naila Barlas
Also present: Greg Gubman, Community Development Director; James Eggart,
Assistant City Attorney; Grace Lee, Senior Planner; May Nakajima, Associate
Planner; Natalie T. Espinoza Associate Planner; and Stella Marquez,
Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As. presented.
4. CONSENT CALENDAR:
4.1 Minutes —September 10, 2019:
C/Rawlings moved, C/Mok seconded, to approve Consent Calendar
Item 4.1 as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Mahlke, Mok„Rawlings , VC/Farago,
Chair/Barlas
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
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SEPTEMBER 24, 2019 PAGE 2 PLANNING COMMISSION
7. PUBLIC HEARING(S):
7A Development Review and Minor Conditional Use Permit
No. PL2018-157 - Under the authority of Diamond Bar Municipal Code
Section 22.48 and 22.56, the applicant and property owners requested
Development Review approval to construct an addition consisting of 4,367
square feet of living area, a 349 square foot garage addition, 4,446 square
feet of deck/patio area, and 817 square feet of storage/mechanical area to
an existing 4,120 square foot, single family residence on a 49,891 gross
square foot (1.15 gross acre) lot. A Minor Conditional Use Permit was
requested to allow the continuation of an existing nonconforming structure
with a 21'-2" front setback where 30 feet is required. The subject property
is zoned Rural Residential (RR) with an underlying General Plan land use
designation of Rural Residential.
PROJECT ADDRESS
PROPERTY OWNER:
APPLICANT:
1607 Derringer Lane
Diamond Bar, CA 91765
Amit and Sandeep Kaushal
1607 Derringer Lane
Diamond Bar, CA 91765
Shiv Talwar
Design Concepts
3340 Riverside Drive #M
Chino. CA 91710
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Development Review and Minor Conditional Use
Permit No. PL2018-157, based on the Findings of Fact, and subject to the
conditions of approval as listed within the Resolution.
C/Rawlings asked if the pad would be constructed on the grade that exists
or using part of it for the fill. AP/Espinoza referred to the map and stated
that the house addition would be on part of the fill which will be terraced.
C/Rawlings asked if there were any issues with mitigating the traffic that
would be supplying the fill and AP/Espinoza said she is aware that The
Country Estates charges for truckloads of dirt. In addition, applicants often
obtain fill from other projects within The Country to mitigate that concern.
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SEPTEMBER 24, 2019 PAGE 3 PLANNING COMMISSION
Chair/Barlas opened the public hearing.
Amit Kaushal, property owner, introduced himself to the Commission and
briefly described the project objectives
Shiv Talwar thanked AP/Espinoza and Planning and Engineering staff for
their guidance through the project which has taken more than a year.
Chair/Barlas closed the public hearing.
C/Mok moved, ClRawlings seconded, to approve Development Review and
Minor Conditional Use Permit No. PL2018-157, based on the Findings of
Fact, and subject to the conditions of approval as listed within the draft
resolution.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Mahike, Mok, Rawlings, VC/Farago,
Chair/Barlas
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Development Review No. PL2016-195 —Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant and property owners
requested Development Review approval to demolish an existing
3,820 square foot residence, and construct a 15,011 square foot single
family residence with 2,915 square feet of garage area; 3,599 square feet
of patio/gazebo area and, 3,491 square feet of interior and exterior storage
areas on a 1.84 gross acre (80,146 gross square foot) lot. The subject
property is zoned Rural Residential (RR) with an underlying General Plan
land use designation of Rural Residential.
PROJECT ADDRESS: 24030 Shotgun Lane
Diamond Bar, CA 91765
PROPERTY OWNER: Andrew Oei and Semiwati Tan
933 Summitridge Drive
Diamond Bar, CA 91765
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SEPTEMBER 24, 2019 PAGE 4 PLANNING COMMISSION
APPLICANT: Pete Volbeda
164 N. 2nd Avenue
Upland, CA 91786
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Development Review No. PL2016-195, based on
the Findings of Fact, and subject to the conditions of approval as listed
within the resolution.
C/Mok asked staff to elaborate on what a "trash bin ramp" is in connection
with this proposal. AP/Espinoza stated that it is a ramp for the trash bins to
be rolled down for access from the street by the trash hauler.
Chair/Barlas opened the public hearing.
Pete Volbeda, Architect, spoke about the project and said that this is one of
the more challenging houses he has designed because of the slope. As
mentioned in staff's report, they were able to balance the dirt, which negates
the need for dirt trucks on the streets. Because the house is above street
level, the owner was concerned about taking the trash down to the street,
thus the small ramp was included for that purpose.
C/Mok asked if the trash bins would be outside of the gate and Mr. Volbeda
said that the trash bins are next to the garage with screening and doors at
the front of them for access. C/Mok asked when the refuse truck shows up
to pick up the trash, if the bins would be at the bottom of the driveway. Mr.
Volbeda said "at the street level" and C/Mok asked if the trash truck would
have to back up the shared driveway for pickup. Mr. Volbeda said they
would typically pick up the bin from where it is standing on the street so
there should be no reason for the trucks to have to be driven up the
driveway.
Chair/Barlas closed the public hearing.
C/Rawlings moved, C/Mahlke seconded, to approve Development Review
No. PL2016-195, based on the findings of Fact, and subject to the
conditions of approval as listed within the resolution. Motion carried by
the following Roll Call vote:
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SEPTEMBER 24, 2019 PAGE 5 PLANNING COMMISSION
AYES: COMMISSIONERS: Mahlke, Mok, Rawlings, VC/Farago,
Chair/Barlas
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Conditional Use Permit No. PL2017-139 — Under the authority of Diamond
Bar Municipal Code Section 22.58, the property owner and applicant
requested a Conditional Use Permit to increase the medical office uses from
11,634 square feet to 16,906 square feet located within a 35,687 square
foot professional office building; construct three tiered six foot high retaining
walls and, add 19 new parking spaces. The subject property is zoned
Professional Office (OP) with an underlying General Plan land use
designation of Commercial Office (CO).
PROJECT ADDRESS: 750 N. Diamond Bar Boulevard
Diamond bar, CA 91765
PROPERTY OWNER: Johnney Y. Zhang
Zhang Group
750 N. Diamond Bar Boulevard, Suite 188
Diamond Bar, CA 91765
APPLICANT: Howard Zefefsky
9735 La Capilla Avenue
Fountain Valley, CA 92708
AP/Nakajima presented staff's report and recommended that the Planning
Commission continue Conditional Use Permit No. PL2017-139 to
October 30, 2019, to allow for further investigation of the parking issue.
C/Rawlings asked if the City addresses hydrology issues related to cutting
into the hillside before the project comes before the Planning Commission.
CDD/Gubman explained that the matter typically comes after the Planning
Commission's consideration when construction documents are prepared
and engineering calculations and specifications are designed based on soil
and drainage conditions, as well as structural requirements set forth in
applicable building codes.
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SEPTEMBER 24, 2019 PAGE 6 PLANNING COMMISSION
C/Rawlings said he would be in favor of continuing this matter to a date
certain and would like to see if some of that work could be done ahead of
time. Having grown up in the area he is aware of several springs from the
hillside and as a result, there used to be a pond near Oak Tree Lanes. He
is sure there could be hydrology issues and would like for the City to be
extra diligent on that front to save the applicants and property owners time
and money.
VC/Farago asked if there were any other plans proposed for reconfiguring
the striping to determine whether the applicant could meet the fire lane and
parking requirements if they did angle parking in combination with parallel
against the building or, were they just looking at the current configuration
for adding the spaces. AP/Nakajima said they are just looking at the current
configuration and adding spaces accordingly. The current parking stalls are
actually compact spaces which are no longer allowed.
C/Mok said that the spaces are very small and it appears to him that the
parking spaces are maxed out.
C/Mahlke said she experienced the same thing when she visited the site.
In addition, she does business in several buildings in this area. From what
she can tell from the reciprocal parking agreement documents submitted to
the Commission, several of these properties have executed their right to
show that these spots are for their customers only and that they are no
longer sharing their spaces with the adjacent properties. She wants to know
if the City has all of the information about which properties originally agreed
to share the spaces and which are the ones no longer doing so.
AP/Nakajima reminded the Commission that it is a private agreement
among the property owners and the City is not a party to a private contract.
C/Mahlke said that she understands that it is a private agreement, and
wants to understand how much, if any, the Commission needs to give
weight to in making its decision understanding there are drainage issues,
etc.
CDD/Gubman said the Commission would put zero weight into the private
parking agreement because there is no proposal for shared parking. If there
was a proposal for shared parking the City would require authorization from
property owners who have parking spaces within 300 feet of the subject
7.1.d
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SEPTEMBER 24, 2019 PAGE 7 PLANNING COMMISSION
property to authorize shared use of the parking, for which the City would
perform an analysis in the aggregate of those properties as part of this
proposal. In this case, the City is not a party to this reciprocal parking
agreement, therefore, for purposes of this application, applies the parking
standards to the individual parcel. The Code requires off-street parking on
premises to meet the parking requirement. All of the documentation the
property owners have provided is part of a squabble among five property
owners that the City cannot be a party to.
Chair/Barlas opened the public hearing.
Howard Zelefsky, applicant, said that he believes CDD/Gubman's
statement is appropriate. This is a private agreement and while one could
call it a squabble among property owners, he is not participating in that
squabble. And because they have not set out parking parameters, the
neighbors are still allowed to park on their site consistent with the easement
agreement. Mr. Zhang bought the property in 2015. In 2017 he decided to
make some capital improvements to the site including the fagade and
internal portions of the building, and to modify or allow for the option of a
small addition in the medical office. In order to achieve that without dealing
with the easement agreement, he decided to explore, totally within his
property, adding 19 more parking spaces. Toward that effort, in 2018, they
submitted two traffic reports done by Linscott, Law & Greenspan to justify
the use of the additional medical use with the corresponding number of
spaces. Staff is requesting continuance to October 30th and if asked, they
are willing to have Linscott, Law & Greenspan provide additional information
needed for the Commission to make its decision on that date. Mr. Zelefsky
stated that AP/Nakajima has been great to work with through this process
which he very much appreciates.
Jim Wood, Stonewood Properties, owner and representative of owners of
the auto center at 780 N. and 790 N. Diamond Bar Boulevard, stated that a
letter was provided to the City about some of their concerns and their
opposition. Stonewood Properties wants to make sure there is sufficient
parking and that the parking stalls are sufficient on 750 N. Diamond Bar
Boulevard so there is no spillover and that in addition, the hydrology and
engineering concerns are looked at very carefully.
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SEPTEMBER 24, 2019 PAGE 8
E
E
PLANNING COMMISSION
C/Mahlke wanted to understand the task or job of the PVC pipe running
down the hill at the site.
Richard de la Fuente, architect for the project, said that if it is white PVC
pipe it is probably the irrigation system for the trees that are being planted
according to the landscape improvements that were recently approved.
Chair/Barlas moved, C/Mok seconded, to continue the public hearing for
Development Review No. PL2017-139 to October 30, 2019, at 6:30 p.m.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Mahlke, Mok, Rawlings, VC/Farago,
Chair/Barlas
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: None
STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Project Status Report.
CDD/Gubman reminded Commissioners that the following night the
Planning Commission and City Council meet for the first of two planned joint
workshops to unveil the new General Plan document and begin discussing
the documents with the overall purpose of covering the first four chapters.
The second meeting is scheduled for October 8ch to continue review of the
chapters and time permitting, the Climate Action Plan and EIR. Should the
Commission and Council wish to have a third study session, October 22°d
is being held open for that purpose. The update process commenced three
years ago with an extensive public process and a meticulously crafted
Vision Statement, Guiding Principles and hundreds of goals and policies
that have been scrutinized, refined and vetted by the public and GPAC.
This process formed the framework for the General Plan document text and
this is a major lifetime achievement for any Planning Commission to be
involved in.
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SEPTEMBER 24, 2019 PAGE 9 PLANNING COMMISSION
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Barlas adjourned the regular meeting at 7:25 p.m.
The foregoing minutes are hereby approved this 30 h day of October, 2019.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
r
Naila Barlas, Chairperson
7.1.d
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PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 8.1
MEETING DATE: December 10, 2019
CASE/FILE NUMBER: Variance and Minor Conditional Use Permit No.
PL2019-122
PROJECT LOCATION:
21130 Golden Springs Drive
Diamond Bar, CA 91789 (APN: 8763-006-022)
GENERAL PLAN DESIGNATION: General Commercial (C)
ZONING DISTRICT: Community Commercial (C-2)
PROPERTY OWNERS:
Gary K. and Anna M. Malkhasian Trust &
Shaunt Trust
11534 Dellmont Dr.
Tujunga, CA 91042
APPLICANT:
MHD Marwan Almannini
6 Monitor
Irvine, CA 92620
SUMMARY:
The applicant is proposing to construct a 1,600 square -foot patio at the north (front) and
west sides of an existing 3,871 square-foot restaurant (Jasmine Grill). A Minor
Conditional Use Permit is requested to allow outdoor dining within the proposed patio
area, and a Variance is requested to allow a reduction in the minimum distance
separation between the proposed outdoor dining area and the nearest existing
residential home to 85 feet (where 200 feet is required).
RECOMMENDATION:
Adopt the attached Resolution (Attachment 1) approving Variance and Minor
Conditional Use Permit No. PL2019-122, based on the findings of Diamond Bar
Municipal Code (DBMC) Sections 22.54 and 22.56, subject to conditions.
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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BACKGROUND:
The subject property consists of a 0.83-acre parcel located at the south side of Golden
Springs Drive, east of Brea Canyon Road. The property was developed in 1975 under
Los Angeles County standards with a 3,871 square-foot restaurant. There are 44
parking spaces available on-site.
The property is legally described as Lot 2 of Parcel Map No. 4739. The Assessor’s
Parcel Number (APN) is 8763-006-022.
Site and Surrounding General Plan, Zoning and Land Uses
The following table describes the surrounding land uses lo cated adjacent to the subject
property:
General Plan
Designation Zoning District Land Use
Site General Commercial C-2 Restaurant
North General Commercial C-2 Restaurant and Service
Station
South Low-Medium Density
Residential RLM Single-Family Residences
East General Commercial C-2
Outdoor Retail
(Diamond Fresh
Farmers Market)
West General Commercial C-3 Service Station and Drive-thru
Carwash
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C-2
C-2
C-3
RLM
N
Project
Location
Site Aerial
Project Site
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Site and Project Description
The existing site is comprised of a single tenant, Jasmine Grill. The restaurant is
located toward the center and east side of the property. Parking is located to the north
(front), west, and south (rear) of the restaurant. There is existing landscaping
throughout the property and an existing trellis structure located on the west side of the
building. The current hours of operation are Monday through Thursday from 10:30 am
to 9:00 pm and Friday through Sunday from 10:30 am to 10:00 pm.
The applicant is requesting a Minor Conditional Use Permit to allow dining in the
proposed outdoor patio area. A Variance approval is requested to allow the reduction
of the 200-foot minimum separation distance requirement between a proposed outdoor
dining area and the nearest existing residence to 85 feet.
The applicant is proposing to remove three existing parking spaces at the front and one
parking space at the rear of the restaurant and remove landscape areas at the north,
south, and west sides of the restaurant to construct the patio area for outdoor dining.
The patio area will be enclosed by a three-foot, six-inch high decorative wrought iron
railing and large potted plants. The patio area will also consist of decorative tables,
chairs, waste receptacles and umbrellas to accommodate dining.
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Changes to the exterior of the building are not proposed as part of this application,
except for the removal of unpermitted lighting located along the top of the mansard roof.
A condition of approval is included requiring the removal of the lighting prior to final
inspection.
ANALYSIS:
Review Authority
The proposed project requires two separate, but interrelated approvals: a Variance to
reduce the minimum distance requirement between a proposed outdoor dining area and
the nearest residential property; and a Minor Conditional Use Permit (MCUP) to allow
Proposed Site Plan/Aerial
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outdoor dining in conjunction with a restaurant use. The analysis that follows provides
the basis for staff’s recommendation to approve the Variance and MCUP applications.
An MCUP is intended to allow for uses as identified in the various zoning districts whose
effect on the surrounding area cannot be determined before being proposed for a
particular location. MCUPs are normally subject to approval of the City’s Hearing Officer
(typically the Community Development Director). However, because this MCUP is
being reviewed as part of a Variance application, which is subject to review and
approval of the Planning Commission, both requested entitlements are subject to
concurrent review by the Planning Commission (i.e., the highest review authority).
Variances allow for adjustments from the development standards of the Development
Code. Since the Variance allows for adjustments from the development standards for a
particular property due to special circumstances, and the MCUP is reviewed for the
location, design, configuration and potential impacts of a proposed use, the findings for
a Variance would be made before acting upon the MCUP. Therefore, the findings to
approve a Variance to allow the reduction of the minimum distance separation between
the proposed outdoor dining area and existing residential uses to 85 feet (where 200
feet is required) need to be made prior to consideration of the outdoor dining area itself.
Variance (DBMC Section 22.52)
Variances are exemptions and relief from the Development Code triggered by unusual
or special circumstances on the property such as location, shape, size, surroundings,
topography, or other condition where the application of the Development Code denies
property owners privileges enjoyed by other property owners in the vicinity and under
identical zoning districts or creates an unnecessary, non -self-created hardship or
unreasonable regulation which makes it obviously impractical to require compliance with
the development standards. For example, if a new house is proposed on an extremely
small or narrow lot where it is impractical to meet all of the applicable development
standards, then a Variance could be granted to reduce the setback requirements to
provide relief from the physical constraints on the property. Moreover, since building a
house on a residentially zoned property is a land use right under most circumstances,
the granting of a Variance would be appropriate in such a situation.
Variances may be granted when the strict application of the Development Code denies
the property owner privileges enjoyed by other property owners in the vicinity and under
identical zoning districts or creates an unnecessary, and non -self-created hardship or
unreasonable regulation which makes it obviously impractical to require compliance with
the development standards.
In compliance with State law, specific “findings” must be made before a decision -making
body may approve a Variance. Findings for approval are an analysis of facts,
regulations and policies that explain the progression of the facts through established
standards on which the decision is based. Findings should: 1) provide a framework for
making principled decisions, enhancing the integrity of the administrative process;
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2) help make analysis orderly and reduce the likelihood that the agency will randomly
leap from evidence to conclusions; and 3) help to persuade the parties that the
decision-making is careful, reasoned and equitable. This requires decision -makers to
identify the reasons supporting a decision prior to taking action.
Current Development Code standards require outdoor dining and seating areas to be
separated from residential uses at a minimum distance of 200 feet. The existing project
site abuts residential properties to the south. The outdoor dining area is proposed
toward the center of the property, approximately 85 feet to the nearest residential
property to the south.
After evaluating the information submitted by the applicant, and analyzing facts relevant
to this matter, staff has concluded that approval of the Variance is appropriate based on
the following facts and observations:
Finding No. 1: There are special circumstances applicable to the property
(e.g., location, shape, size, surroundings, topography, or other conditions), so that the
strict application of this Development Code denies the property owner privileges
enjoyed by other property owners in the vicinity and under identical zoning districts or
creates an unnecessary, and non-self-created, hardship or unreasonable regulation
which makes it obviously impractical to require compliance with the development
standards.
Approval of the Variance is appropriate due to special circumstances applicable to the
property, based on the following facts and observations:
• Site Limitations: The length of the property ranges between 198 feet on the west
side and 243 feet on the east side. To be able to comply with the 200 -foot distance
separation from the outdoor dining area and the residential uses, the outdoor dining
area would have to be located within the northeast portion of the parking lot . Doing
so would require one of the driveway entrances and three ADA accessible parking
spaces to be removed. It would be impractical for the business owner to locate the
outdoor dining patio to this area since it would not comply with other development
standards such as setbacks, and compromises efficient vehicular circulation and
accessibility requirements. Alternatively, the applicant is proposing to locate the
outdoor dining area within existing landscaped areas and remove four parking
spaces, resulting in minimal changes to the existing site.
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Finding No. 2: Granting the Variance necessary for the preservation and enjoyment of
substantial property rights possessed by other property owners in the same vicinity and
zoning district and denied to the property owner for which the Variance is sought.
Other restaurants in the C-2 zone have outdoor dining areas, including the In-N-Out
Burger restaurant located across the street from the project site. Allowing the reduction
of the distance separation would allow the applicant to apply for an MCUP to use the
outdoor patio for dining as would other restaurants in the C-2 zone. Therefore, by
granting the Variance, the property owner of the subject property will be able to
Site Aerial with Property Line Dimensions and 200-foot Distance
Requirement to Residential Use
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preserve and enjoy the same privileges possessed by other restaurants in the same
vicinity and C-2 zone by allowing a reduction of the minimum separation requirements
between the outdoor dining area and the residential uses to the south.
Finding No. 3: Granting the Variance consistent with the General Plan and any
applicable specific plan.
The Variance is consistent General Plan Objective 1.3, Strategy 1.3.4 states that it shall
be City policy to “encourage the retention, rehabilitation, refurbishment, and/or
expansion of existing business establishments.” Allowing the reduction of the minimum
distance separation between the outdoor dining area and the residential uses to the
south allows the expansion of the existing restaurant by adding an outdoor patio area
for dining. Moreover, outdoor dining patios are generally regarded to be desirable
amenities to make the pedestrian environment more pleasant.
The site is not located within a specific plan area.
Finding No. 4: The proposed entitlement not be detrimental to the public interest,
health, safety, convenience, or welfare of the city.
The reduction in the minimum distance requirement is not a detriment to the public
interest, health, safety, convenience, or welfare of city for the following reasons:
• Surrounding Uses: Jasmine Grill is surrounded by retail use to the east, service
stations to the north and west, fast food restaurant to the north, and single -family
residences to the south. There is an existing produce store (Diamond Fresh
Farmers Market) located on the adjacent parcel to the east that is open daily from
8:00 am to 8:00 pm. The store consists of indoor and outdoor storage and sales of
produce, groceries and plant/nursery items. The outdoor sales and storage areas
surround the existing structure and extend to the rear property line, abutting the
residential properties to the south. Due to the success and popularity of the store,
the site is overparked and creates traffic in the vicinity. Additionally, there are truck
deliveries throughout the day and contribute to the traffic and noise generated by the
store.
An existing Mobil service station with a drive thru carwash is located on the adjacent
parcel to the west. The Mobil service station is open 24 hours a day, seven days a
week. There is a pay station with audible instructions located at the entrance to the
carwash. The carwash consists of mechanisms that release high -pressured water to
wash cars and a fan dryer that automatically initiates after the cars have been
washed. The carwash is in operation from 6:00 am to 11:00 pm. The carwash is
located adjacent to the rear property line, which abuts residences to the south.
The project site is also located near a busy intersection of two major arterials—
Golden Springs Dr. and Brea Canyon Rd.—with noise levels at 70 decibels per the
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Diamond Bar General Plan 2040 Environmental Impact Report. The SR-60 freeway
is also in close proximity and is a major contributo r to ambient noise levels.
The proposed outdoor dining area will be located farther from the residences to the
south than the existing outdoor display/sales areas of Diamond Fresh Farmers
Market to the east, and the carwash tunnel to the west. The restaurant will also
close earlier than the carwash. Therefore, the proposed outdoor dining area has
little to no effect on existing noise and activity levels to the adjacent residences.
• Visual/Privacy Impacts: The existing residence to the south of the project site is
located at a higher grade, eight feet above the finished grade of the existing
restaurant and the proposed patio. There are two existing block walls located at the
rear of the property: one located adjacent to the parking lot, and one loca ted along
the rear property line of the subject property. There is also tall, dense landscaping
on the slope between the walls that fully screen the outdoor dining area and
provides a visual buffer between the proposed dining area and the residence to the
south.
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Additionally, there are existing lighting fixtures located underneath the overhangs of
the restaurant which will be used for the proposed patio area. Therefore, there will
be no additional lighting impacts generated from the proposed outdoor dining area.
Finding No. 5: The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301 (Existing
Facilities) of the CEQA Guidelines.
Minor Conditional Use Permit (DBMC Section 22.56)
An MCUP is required for uses whose effect on the surrounding area cannot be
determined before being analyzed for suitability at a particular location. When reviewing
an MCUP, consideration is given to the location, design, configuration, operational
characteristics and potential impacts to determine whether or not the proposed use will
pose a detriment to the public health, safety and welfare. If it can be found that the
proposed use is likely to be compatible with its surroundings, the Planning Commission
View of Walls and Landscaping at the Rear of the Property
Adjacent Property
to the South:
21115 Gerndal St.
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may approve the proposed use subject to conditions stipulating the manner in which the
use must be conducted.
The existing restaurant has a traditional layout that includes dining, kitchen, and counter
service areas. The indoor dining area consists of 20 tables for a maximum of 80
patrons and the proposed outdoor dining area consists of 11 tables for a maximum of
38 seats. The applicant is proposing to serve lunch and dinner in the outdoor patio
area. Access to the outdoor dining area will be from an ADA compliant walkway located
adjacent to the parking lot and the front entrance. The outdoor dining area will be
physically defined by a three-foot, six-inch wrought iron railing and large potted plants.
The applicant is proposing four umbrellas within the patio area. There are existing
lighting fixtures located underneath the eaves of the building and the trellis structure.
The applicant is proposing to retain the lighting fixtures and utilize them for the outdoor
dining area.
No type of entertainment, including live or recorded music, is proposed by the applic ant.
The outdoor dining area is limited to the west (side) and north (front) of the restaurant,
which mitigates potential noise that may disrupt the residences to the south. Given that
the outdoor dining area is limited to the north and west sides of the restaurant, it is
unlikely that the proposed outdoor dining area would be a nuisance to the surrounding
residences. Additionally, alcohol is currently not served at the restaurant nor will it be
served in the proposed patio area.
The outdoor area shall be cleaned on a continual basis to remove trash and food items.
Waste receptacles will be located in the patio area to be used by patrons and
employees. These requirements are also included as conditions of approval.
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Required Parking
The required number of parking spaces for a restaurant is one space for each
75 square feet of gross floor area for patrons, plus one space for each 300 square feet
of service area, plus one space for each 100 square feet of outdoor dining area.
The existing restaurant with the outdoor dining area requires a minimum of 40 parking
spaces. Currently, there are 44 parking spaces, including three ADA parking spaces
provided on-site. Although the applicant is proposing to remove four parking spaces to
accommodate the outdoor dining area, the site complies with the minimum number of
required parking spaces for the restaurant and outdoor dining area by providing
40 spaces.
Proposed Outdoor Dining Area
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Use Square Feet Parking Ratio Parking
Required
Parking
Provided
Jasmine
Grill
1,100 (patron area)
2,771 (service area)
1,600 (outdoor dining
area)
1/75 sq. ft. (patron area)
1/300 sq. ft. (service area)
1/100 sq. ft. (outdoor dining
area)
15 (patron area)
9 (service area)
16 (proposed
outdoor dining
area)
Total 40 40
Landscaping
As previously stated, the applicant is proposing to remove existing landscaped areas at
the north, south, and west sides of the building to accommodate the proposed outdoor
dining area. Properties in the C-2 zone are required to have minimum 15 percent of
landscaping on the property. The size of the lot is 36,060 square feet, and the minimum
area of required landscaping is 5,409 square feet. After removing the existing
landscaped areas for the outdoor dining, 6,100 square feet of landscape area will
remain, which complies with the development code.
City’s Development Code Parking Requirement
LEGEND
Landscaping to
Remain
Landscaping to
be Removed
Aerial Showing Landscaped Areas
N
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Compatibility with Neighborhood
As previously mentioned, the project site is surrounded by a produce store (Diamond
Fresh Farmers Market) to the east, service station (Mobil) with a drive thru carwash to
the west, fast food restaurant (In-N-Out) with outdoor dining to the north, and single -
family residences to the south. Because the existing outdoor sales area of Diamond
Fresh Farmers Market abuts the residences to the south, and the Mobil service station
and drive thru carwash are open later than Jasmine Grill, the existing residences are
already subject to noise and activity associated with the adjacent uses. The proposed
outdoor dining will have a negligible effect on existing noise and activity levels in the
vicinity.
Furthermore, there will be no additional visual and privacy impacts generated from the
outdoor dining area since there are existing block walls and landscaping at the rear if
the property, which provides screening, and no new exterior lighting is being proposed.
Therefore, the operating characteristics will have minimal impacts, if any, and be
compatible with the existing and future uses in the surrounding area as conditioned
through the MCUP.
Additional Review
The City’s Public Works Department and Building and Safety Division have reviewed
this project. Their comments have been included in the attached resolution as
conditions of approval.
NOTICE OF PUBLIC HEARING:
On November 27, 2019, public hearing notices were mailed to property owne rs within a
500-foot radius of the project site. On November 29, 2019, a notice was published in
the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice
display board was posted at the site, and a copy of the notice was poste d at the City's
three designated community posting sites.
Public Comments Received
At the time the staff report was published, staff had not received any comments from the
public.
ENVIRONMENTAL ASSESSMENT:
The project has been reviewed for compliance w ith the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to the provisions of
Article 19 Section 15301 (Existing Facilities) of the CEQA Guidelines. No further
environmental review is required.
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PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Resolution No. 2019-XX and Standard Conditions of Approval
B. Site Plan, Floor Plan, and Proposed Rendering
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PLANNING COMMISSION
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING PLANNING CASE NO.
PL2019-122 CONSISTING OF A VARIANCE TO ALLOW THE REDUCTION OF
THE DISTANCE SEPARATION BETWEEN A PROPOSED OUTDOOR DINING
AREA AND EXISTING RESIDENTIAL USES TO 85 FEET (WHERE 200 FEET IS
REQUIRED) AND A MINOR CONDITIONAL USE PERMIT TO ALLOW
OUTDOOR DINING AT AN EXISTING RESTAURANT LOCATED AT
21130 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA (APN 8763-006-022).
A. RECITALS
1. Property owners, Gary K. and Anna M. Malkhasian Trust & Shaunt Trust,
and applicant, MHD Marwan Almannini, have filed an application for
Variance and Minor Conditional Use Permit No. PL2019-122 located at
21130 Golden Springs Drive, Diamond Bar, CA, County of Los Angeles,
California.
2. The following approvals are requested from the Planning Commission:
(a) Variance to reduce the minimum distance separation between a
proposed outdoor dining area and residential uses from 200 feet to
85 feet.
(b) Minor Conditional Use Permit to allow outdoor dining at an existing
restaurant.
Hereinafter in this Resolution, the subject Variance and Minor Conditional
Use Permit shall be referred to as the "Proposed Project."
3. The subject property is comprised of a 0.83-acre parcel. It is located in the
Community Commercial (C-2) zone with a General Plan land use
designation of General Commercial.
4. The Los Angeles County Assessor’s Parcel Number is 8763-006-022.
5. On November 29, 2019, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On November 27, 2019, public hearing notices were
mailed to property owners within a 500-foot radius of the Project site and
posted at the City’s designated community posting sites.
6. On December 10, 2019, the Planning Commission of the City of Diamond
Bar conducted a duly noticed public hearing, solicited testimony from all
interested individuals, and concluded said hearing on that date.
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PC Resolution No. 2019-XX
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19 Section 15301
(Existing Facilities) of the CEQA Guidelines. Therefore, no further
environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.54 and 22.56, this Planning
Commission hereby finds and approves as follows:
Variance Findings (DBMC Section 22.54.040 )
1. There are special circumstances applicable to the proper ty (e.g., location,
shape, size, surroundings, topography, or other conditions), so that the strict
application of this Development Code denies the property owner privileges
enjoyed by other property owners in the vicinity and under identical zoning
districts or creates an unnecessary, and non-self-created, hardship or
unreasonable regulation which makes it obviously impractical to require
compliance with the development standards;
Approval of the variance is appropriate due to special circumstances
applicable to the property, based on the following facts and observations:
• Site Limitations: The length of the property ranges between 198 feet on
the west side and 243 feet on the east side. To be able to comply with
the 200-foot distance separation from the outdoor dining area and the
residential uses, the outdoor dining area would have to be located within
the northeast portion of the parking lot . Doing so would require one of
the driveway entrances and three ADA accessible parking spaces to be
removed. It would be impractical for the business owner to locate the
outdoor dining patio to this area since it would not comply with other
development standards such as setbacks, and compromises efficient
vehicular circulation and accessibility requirements. Alternatively, the
applicant is proposing to locate the outdoor dining area within existing
landscaped areas and remove four parking spaces, resulting in minimal
changes to the existing site.
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PC Resolution No. 2019-XX
Taking all of the above factors into account, allowing the reduction of the
minimum required distance separation between the outdoor dining area and
the residential use to the south to 85 feet (where 200 feet is required) is
appropriate given the circumstances particular to the subject property.
2. Granting the variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other property owners in the same
vicinity and zoning district and denied to the property owner for which the
variance is sought;
Other restaurants in the C-2 zone have outdoor dining areas, including the
In-N-Out Burger restaurant located across the street from the project site.
Allowing the reduction of the distance separation would allow the applicant
to apply for an MCUP to use the outdoor patio for dining as would other
restaurants in the C-2 zone. Therefore, by granting the variance, the
property owner of the subject property will be able to preserve and enjoy
the same privileges possessed by other restaurants in the same vicinity and
C-2 zone by allowing a reduction of the minimum separation requirements
between the outdoor dining area and the residential uses to the south.
3. Granting the variance is consistent with the general plan and any applicable
specific plan;
The variance is consistent with General Plan Objective 1.3, Strategy 1.3.4
which states that it shall be City policy to “encourage the retention,
rehabilitation, refurbishment, and/or expansion of existing business
establishments.” Allowing the reduction of the minimum distance
separation between the outdoor dining area and the residential uses to the
south allows the expansion of the existing restaurant by adding an outdoor
patio area for dining. Moreover, outdoor dining patios are generally
regarded to be desirable amenities to make the pedestrian en vironment
more pleasant.
The site is not located within a specific plan area.
4. The proposed entitlement would not be detrimental to the public interest,
health, safety, convenience, or welfare of the city; and
The proposed variance would not be detrimental to the public interest,
health, safety, convenience, or welfare of the city. Additionally, it is
compatible with the surrounding area in that:
• Surrounding Uses: Jasmine Grill is surrounded by retail use to the east,
service stations to the north and west, fast food restaurant to the north,
and single-family residences to the south. There is an existing produce
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PC Resolution No. 2019-XX
store (Diamond Fresh Farmers Market) located on the adjacent parcel
to the east that is open daily from 8:00 am to 8:00 pm. The store consists
of indoor and outdoor storage and sales of produce, groceries and
plant/nursery items. The outdoor sales and storage areas surround the
existing structure and extend to the rear property line, abutting the
residential properties to the south. Due to the success and popularity of
the store, the site is overparked and creates traffic in the vicinity.
Additionally, there are truck deliveries throughout the day and contribute
to the traffic and noise generated by the store.
An existing Mobil service station with a drive-thru carwash is located on
the adjacent parcel to the west. The Mobil service station is open
24 hours a day, seven days a week. There is a pay station with audible
instructions located at the entrance to the carwash. The carwash
consists of mechanisms that release high-pressured water to wash cars
and a fan dryer that automatically initiates after the cars have been
washed. The carwash is in operation from 6:00 am to 11:00 pm. The
carwash is located adjacent to the rear property line, which abuts
residences to the south.
The project site is also located near a busy intersection of two major
arterials—Golden Springs Dr. and Brea Canyon Rd.—with noise levels
at 70 decibels per the Diamond Bar General Plan 2040 Environmental
Impact Report. The SR-60 freeway is also in close proximity and is a
major contributor to ambient noise levels.
The proposed outdoor dining area will be located farther from the
residences to the south than the existing outdoor display/sales areas of
Diamond Fresh Farmers Market to the east, and the carwash tunnel to
the west. The restaurant will also close earlier than the carwash.
Therefore, the proposed outdoor dining area has little to no effect on
existing noise and activity levels to the adjacent residences.
• Visual/Privacy Impacts: The existing residence to the south of the
project site is located at a higher grade, eight feet above the finished
grade of the existing restaurant and the proposed patio. There are two
existing block walls located at the rear of the property: one located
adjacent to the parking lot, and one located along the rear property line
of the subject property. There is also tall, dense landscaping on the
slope between the walls that fully screen the outdoor dining area and
provides a visual buffer between the proposed dining area and the
residence to the south. Additionally, there are existing lighting fixtures
located underneath the overhangs of the restaurant which will be used
for the proposed patio area. Therefore, there will be no additional
lighting impacts generated from the proposed outdoor dining area.
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PC Resolution No. 2019-XX
The outdoor dining area will be clearly and physically defined by wrought
iron railing and potted plants to complement the building exterior.
Therefore, the physical appearance of the restaurant and the
surrounding area will be compatible. Access to the outdoor dining area
will be from a walkway located adjacent to the parking lot and front
entrance. Since the restaurant use has already been approved, it has
been determined that the project site is physica lly suited to
accommodate this use.
The existing residences are already subject to noise and activity
associated with the adjacent outdoor Diamond Fresh Farmers Market
and Mobil service station with drive-thru carwash. The proposed
outdoor dining will have a negligible effect on noise and a ctivity levels.
Therefore, the operating characteristics will be compatible with the
existing and future uses in the surrounding area as conditioned through
the MCUP.
5. The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301 (Existing Facilities) of the CEQA Guidelines.
Minor Conditional Use Permit Findings (DBMC Section 22.56)
1. The proposed use is allowed within the subject zoning district with the
approval of a Minor Conditional Use Permit and complies with all other
applicable provisions of this Development Code and the Municipal Code.
Pursuant to DBMC Section 22.10 – Table 2-6, the proposed outdoor dining
area is permitted in the Community Commercial (C-2) zone with the
approval of a Minor Conditional Use Permit. As conditioned, the proposed
outdoor dining area complies with all other applicable provisions of the
Municipal Code, except for the minimum distance separation between the
outdoor dining area and the residential uses to the south .
2. The proposed use is consistent with the general plan and any applicable
specific plan.
The project site’s land use designation is General Commercial (C).
According to the General Plan, this land use designation provides for
regional, freeway-oriented, and/or community retail and service uses such
as restaurants. The proposed outdoor dining area at the proposed
restaurant is considered a service use and as such is consistent with the
General Plan. Additionally, the MCUP is consistent with General Plan
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Objective 1.3, Strategy 1.3.4 which states that it shall be City policy to
“encourage the retention, rehabilitation, refurbishment, and/or expansion of
existing business establishments.” Allowing the outdoor dining area allows
for the expansion of the existing restaurant by adding an outdoor patio area
for dining. Moreover, outdoor dining patios are generally regarded to be
desirable amenities to make the pedestrian environment more pleasant.
There is no applicable specific plan for the project site.
3. The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity.
The outdoor dining area will be clearly and physically defined by wrought
iron railing and potted plants to complement the building exterior.
Therefore, the physical appearance of the restaurant and the surrounding
area will be compatible. Additionally, the operating characteristics will be
compatible with the existing and future uses of the surrounding area as
conditioned through the Minor Conditional Use Permit based on the
following:
• Surrounding Uses: Jasmine Grill is surrounded by retail use to the east,
service stations to the north and west, fast food restaurant to the north,
and single-family residences to the south. There is an existing produce
store (Diamond Fresh Farmers Market) located on the adjacent parcel
to the east that is open daily from 8:00 am to 8:00 pm. The store consists
of indoor and outdoor storage and sales of produce, groceries and
plant/nursery items. The outdoor sales and storage areas surround the
existing structure and extend to the rear property line, abutting the
residential properties to the south. Due to the success and popularity of
the store, the site is overparked and creates traffic in the vicinity.
Additionally, there are truck deliveries throughout the day and contribute
to the traffic and noise generated by the store.
An existing Mobil service station with a drive-thru carwash is located on
the adjacent parcel to the west. The Mobil service station i s open
24 hours a day, seven days a week. There is a pay station with audible
instructions located at the entrance to the carwash. The carwash
consists of mechanisms that release high-pressured water to wash cars
and a fan dryer that automatically initiates after the cars have been
washed. The carwash is in operation from 6:00 am to 11:00 pm. The
carwash is located adjacent to the rear property line, which abuts
residences to the south.
The project site is also located near a busy intersection of two m ajor
arterials—Golden Springs Dr. and Brea Canyon Rd.—with noise levels
at 70 decibels per the Diamond Bar General Plan 2040 Environmental
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Impact Report. The SR-60 freeway is also in close proximity and is a
major contributor to ambient noise levels.
• Visual/Privacy Impacts: The existing residence to the south of the
project site is located at a higher grade, eight feet above the finished
grade of the existing restaurant and the proposed patio. There are two
existing block walls located at the rear of the property: one located
adjacent to the parking lot, and one located along the rear property line
of the subject property. There is also tall, dense landscaping on the
slope between the walls that fully screen the outdoor dining area and
provides a visual buffer between the proposed dining area and the
residence to the south. Additionally, there are existing lighting fixtures
located underneath the overhangs of the restaurant which will be used
for the proposed patio area. Therefore, there will be no additional
lighting impacts generated from the proposed outdoor dining area.
4. The subject site is physically suitable for the type and density/intensity of
use being proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints.
The project site is surrounded by a produce store (Diamond Fresh Farmers
Market) to the east, a service station (Mobil) with a drive-thru carwash to
the west, fast food restaurant (In-N-Out Burger) with outdoor dining to the
north, and single-family residences to the south. Since the existing outdoor
sales of Diamond Fresh Farmers Market abuts the residences to the south,
and the Mobil service station and carwash are open later than the
restaurant, the existing residences are already subject to noise and activity
associated with the adjacent uses, therefore, the proposed outdoor dining
will have a negligible effect on existing noise and act ivity levels in the
vicinity.
Furthermore, there will be no additional visual and privacy impacts
generated from the outdoor dining area with the existing landscape and
block wall screening, and no new lighting being proposed. Therefore, the
operating characteristics will be compatible with the existing and future uses
in the surrounding area as conditioned through the MCUP.
5. Granting the Minor Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience or welfare, or materially injurious
to persons, property or improvements in the vicinity and zoning district in
which the property is located.
Prior to the issuance of any city permits, the Project is required to comply
with all conditions of approval within the attached resolution, the Public
Works/Engineering Department, and the Building and Safety Division.
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6. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301 (Existing Facilities) of the CEQA guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves the Variance and Minor Conditional Use Permit No. PL2019-122
subject to the following conditions:
(1) The serving of alcohol and entertainment of any kind is not part of this
approval and shall be prohibited.
(2) Loitering shall be prohibited.
(3) The restaurant shall maintain the existing hours of operation of Monday
through Thursday from 10:30 am to 9:00 pm, and Friday through Sunday
from 10:30 am to 10:00 pm.
(4) The applicant shall be responsible for maintaining a litter-free area adjacent
to the restaurant premises. Outdoor dining areas shall be cleaned on a
continual basis for removal of litter and food items, which constitute a
nuisance to public health and safety. Outdoor dining areas shall contain
waste receptacles for use by the public and/or restaurant employees.
(5) All structures, including the umbrellas in the outdoor area, shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. Any physical damage or deterioration shall be repaired or
replaced as soon as possible.
(6) All landscaped areas, including the proposed potted plants, shall be
permanently maintained in a neat and orderly manner and free of weeds,
debris and dead, diseased or dying vegetation and broken or defective
decorative elements.
(7) If, at any time, the City finds that the Use is the cause of a parking deficiency
or other land use impact, the Community Development Director may refer
the matter back to the Planning Commission to consider amending this
Minor Conditional Use Permit to address such impacts.
(8) Prior to final inspection, the existing lighting fixtures along the edges of the
roof shall be removed.
(9) Prior to final inspection, the existing light pole located at the rear of the
property shall be repaired.
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(10) No changes to the approved scope of services comprising the use shall be
permitted unless the applicant first applies for an amendment to this Minor
Conditional Use Permit, pays all application processing fees and receives
approval from the Planning Commission.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owners, Gary K. and Anna M. Malkhasian Trust &
Shaunt Trust, 11534 Dellmont Dr., Tujunga, CA 91042; and
applicant, MHD Marwan Almannini, 6 Monitor, Irvine, CA 92620.
APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER, 2019, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: ______________________________________
Naila Barlas, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 10th day of December, 2019, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: ___________________________
Greg Gubman, Secretary
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PC Resolution No. 2019-XX
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Variance and Minor Conditional Use Permit No. PL2019-122
SUBJECT: To reduce the minimum 200-foot distance separation
between the proposed outdoor dining area and the
residential uses to the south to 85 feet and allow outdoor
dining at an existing restaurant.
PROPERTY
OWNER(S):
Gary K. and Anna M. Malkhasian Trust & Shaunt Trust
11534 Dellmont Dr.
Tujunga, CA 91042
APPLICANTS: MHD Marwan Almannini
6 Monitor
Irvine, CA 92620
LOCATION: 21130 Golden Springs Drive, Diamond Bar, CA 91789
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. The applicant shall defend, indemnify, and hold harmless the City, and
its officers, agents and employees, from any claim, action, or proceeding
to attack, set-aside, void, or annul the approval of Variance and Minor
Conditional Use Permit No. PL 2019-122 brought within the time period
provided by Government Code Section 66499.37. In the event the city
and/or its officers, agents and employees are made a party of any such
action:
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(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against
the City defendants. The City shall promptly notify the applicant
of any claim, action of proceeding, and shall cooperate fully in the
defense thereof.
2. This approval shall not be effective for any purpose until the applicant
and owner of the property involved have filed, within twenty -one
(21) days of approval of this Variance and Minor Conditional Use Permit
No. PL 2019-122 at the City of Diamond Bar Community Development
Department, their affidavit stating that they are aware of and agree to
accept all the conditions of this approval. Further, this approval shall not
be effective until the applicants pay remaining City processing fees,
school fees and fees for the review of submitted reports.
3. The business owners and all designers, architects, engineers, and
contractors associated with this project shall obtain a Diamond Bar
Business License, and zoning approval for those businesses located in
Diamond Bar.
4. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
5. The project site shall be maintained and operated in full compliance with
the conditions of approval and all laws, or other applicable regulations.
6. Approval of this request shall not waive compliance with all sections of
the Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
7. To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodic review. If
non-compliance with conditions of approval occurs, the Planning
Commission may review the Conditional Use Permit. The Commission
may revoke or modify the Conditional Use Permit.
8. Property owner/applicant shall remove the public hearing notice board
within three (3) days of this project's approval.
9. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, and Public Works Department.
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B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, and Public Works Department)
at the established rates, prior to issuance of building permits, as required
by the City. School fees as required shall be paid prior to the issuance
of building permit. In addition, the applicant shall pay all remaining
prorated City project review and processing fees prior to issuance of
grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
1. The approval of Variance and Minor Conditional Use Permit
No. PL 2019-122 shall expire within one (1) year from the date of
approval if the use has not been exercised as defined per DBMC
Section 22.66.050 (b)(1). The applicant may request in writing a one
year time extension subject to DBMC Section 22.60.050(c) for Planning
Commission approval.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-
7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. An Erosion Control Plan shall be submitted clearly detailing erosion
control measures. These measures shall be implemented during
construction. The erosion control plan shall conform to national Pollutant
Discharge Elimination System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMPs) as specified in the
Storm Water BMP Certification.
B. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to
any flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage
course. No on-site drainage shall be conveyed to adjacent parcels,
unless that is the natural drainage course.
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APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVIS ION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Accessible ADA paths of travel shall be maintained at all times to the
primary/main entrance.
2. The accessible ADA path of travel within the outdoor dining area shall be a
minimum of five feet in width and permanently marked and protected with large
potted plants.
3. ADA seating shall be provided with ADA accessible aisleways to seating.
4. Any electrical work or construction shall be permitted through the Building and
Safety Division.
5. The property shall be maintained free of trash and debris at all times.
END
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PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 8.2
MEETING DATE: December 10, 2019
CASE/FILE NUMBER: Development Review and Tree Permit Planning
Case No. PL2019-42
PROJECT LOCATION:
2244 Indian Creek Road
Diamond Bar, CA 91765 (APN 8713-040-031)
GENERAL PLAN DESIGNATION: Rural Residential (RR)
ZONING DISTRICT: Rural Residential (RR)
PROPERTY OWNER:
Henry Hua
19811 Colima Rd #201
Walnut, CA 91789
APPLICANT:
Pete Volbeda
164 N 2nd Ave, Suite 100
Upland, CA 91786
SUMMARY:
The applicant is requesting approval of a Development Review (DR) application to
construct a new 31,458 square-foot, single-family residence with a 2,100 square-foot
garage, an 800 square-foot porte cochere and 8,675 square feet of balcony area on an
8.51 gross acre (370,696 gross square-foot) undeveloped site. A Tree Permit is also
requested to remove three protected California black walnut trees that are in fair and
poor health and replace with nine coast live oak trees on site.
RECOMMENDATION:
Adopt the attached Resolution (Attachment A) approving Development Review and
Tree Permit No. PL2019-42, based on the findings of Diamond Bar Municipal Code
(DBMC) Section 22.48 and 22.38, subject to conditions.
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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Site Plan View (Aerial)
BACKGROUND:
The project site is located in the Diamond Bar Country Estates (The Country), at the
south side of Indian Creek Road, between Falcons View Drive and Clear Creek Lane.
The property is a large, undeveloped flag lot. There are 13 trees on the property that are
classified as protected trees.
The proposed project was approved by the Diamond Bar Country Estates Architectural
Committee on October 11, 2019.
The property is legally described as Lot 65 of Tract No. 23483, and the Assessor’s
Parcel Number (APN) is 8713-040-031.
Site and Surrounding General Plan, Zoning and Land Uses
The image below highlights the subject property:
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Site Plan View (Aerial)
Adjacent Property to East Adjacent Property to North / Next to Driveway Entry
Project Site
Project Site at Entry
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Perspective View Looking South
The following table summarizes the land use status of the subject property and its
surroundings:
General Plan Designation Zoning
District Land Use
Site Rural Residential RR Single-Family Residential
North Rural Residential RR Single-Family Residential
South Rural Residential RR Single-Family Residential
East Rural Residential RR Single-Family Residential
West Rural Residential RR Single-Family Residential
Project Description
Site Plan
As stated, the property’s gross lot area is 370,696 square feet (8.51 gross acres), which
includes a 32-foot wide private street easement on Indian Creek Road along its
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frontage. The property is an unusually large flag lot with a net buildable area
(i.e., minus the private street easement and flood hazard area) of 325,860 square feet
(7.5 acres). Entrance to the property is provided via a 20-foot wide access driveway
that is approximately 344 feet long. The property is a hillside property with a
descending slope that starts from the private street easement to the rear property line.
The proposed house is situated toward the rear of the lot, approximately 378 feet from
the front property line. The front elevation faces north. From the 20-foot wide access
driveway, entrance continues through a curved driveway that traverses across the front
of the property, and leads to the garage located towards the east side of the house.
There are two wrought iron driveway gates proposed, one near the entrance to the
property and another at the middle of the driveway.
There are 13 existing trees on the property that are classified as protected trees:
10 coast live oak and three California black walnut trees. Most are located towards the
rear of the property and one at the front. There are 21 additional coast live oak and
California black walnut trees that are not classified as protected. The applicant is
proposing to remove 12 trees (three protected and nine unprotected) to accommodate
the development. Analysis on the removal of these trees is included under the “Tree
Permit” section.
Grading Plan
The applicant is proposing to cut 25,035 cubic yards of soil and fill 21,916 cubic yards of
soil throughout the property to create the building pad. Therefore, 3,119 yards would
have to be exported from the site. Standard dump truck capacities range from 10 to
15 cubic yards, so the proposed amount of export would require approximately 208 to
312 total truck trips.
The applicant is proposing two retaining walls with a maximum height of four feet at the
rear of the property to support fills above the natural grade to create the buildable pad
for the house. Additionally, a series of tiered retaining walls, with a maximum height of
six feet, are proposed throughout the property to support cuts into the slope, as well as
supporting fills above the natural grade necessary to create the driveway. All exposed
portions of the proposed retaining walls will have a decorative finish, such as sp lit-faced
block or painted stucco to match the house.
Architecture
The architectural style is French Baroque. Exterior finishes include “Giallo-Fiorito”
granite stone cladding and limestone in a scored pattern. Features proposed to
emphasize the French Baroque design vocabulary include a flat roof, pediment with
ornate decorative detail at the entrance, Corinthian columns, concrete balustrades, long
elongated windows, and a cupola.
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Front Elevation
The proposed three-level house’s floor plan is comprised of the following components:
• Basement Floor – A ball room, theater, banquet/guest bedroom, gym, wine
cellar, two guest bedrooms with a bathroom, two powder rooms, and a bathroom
with a hot tub and massage room.
• First Floor – Common areas (foyer, lobby, family room, kitchen, dining room,
lounge), office, indoor pool, two bedrooms with bathrooms, one bathroom with
shower, two powder rooms, and a two-car garage plus RV parking.
• Second Floor – Two master suites with a bathroom and walk-in closet, and a
guest bedroom with bathroom.
• Patio and balcony areas totaling 8,675 square feet throughout the two levels of
the residence.
The floor area distribution is summarized on the following page:
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PROJECT SUMMARY (square footage)
Living Area
Basement 10,012
First Floor 13,932
Second Floor 7,514
Total 31,458
Total Living Area 31,458
Garage/Storage
Garage 2,100
Total Garage Area 2,100
TOTAL FLOOR AREA 33,558
Accessory Structure/Balcony Area
Porte Cochere 800
Balcony First Floor 6,336
Balcony Second Floor 2,339
Total 9,475
Total Accessory Structure /Balcony Area 9,475
The height of the building is 34’-11”, measured from the finished grade to the highest
point of the roofline. A 12’-1” cupola is proposed at the top center of the building, which
is allowed to exceed the maximum height lim it up to a maximum of 20 feet pursuant to
DBMC 22.16.060 (2)(b).
Landscape Plan
The applicant is proposing a variety of trees to be planted throughout the property,
including 24-inch box fruitless olive trees lining the driveway and two 15-foot trunk
Canary Island date palms in the front yard. Nine 15-gallon coast live oak trees will be
planted at the east and west side yards. Nineteen existing coast live oak and California
black walnut trees in the rear yard will remain. Additionally, various 5 -gallon and 1-
gallon shrubs that have a variety of color, texture, and form are proposed throughout the
front, side and rear yards. Overall, landscaping consists of drought tolerant and non -
invasive species to minimize irrigation and reduce the area of turf. The project is
required to comply with the City’s Water Efficient Landscaping Ordinance, and
compliance will be verified during building plan check and final inspections.
The subject property is located within the Los Angeles County Fire Department “Very
High Fire Hazard Severity Zone.” Therefore, the proposed landscaping must comply
with the Fire Department’s Fuel Modification Plan requirements. The landscape plans
will be submitted for review and approval by the Fire Department during building plan
check.
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ANALYSIS:
Review Authority
The proposed project requires a land use approval through the Development Review
process. The analysis that follows provides the basis for staff’s recommendation to
approve the Development Review application.
Development Review (DBMC Chapter 22.48)
New construction of a single-family home requires Planning Commission approval of a
Development Review application. Development Review approval is required to ensure
compliance with the City’s General Plan policies, development standards, and design
guidelines, and to minimize adverse effects of the proposed project upon the
surrounding properties and the City in general.
As stated in Section 22.48.010 of the Development Code, the Development Review
process was established to ensure that new development and additions to existing
development are consistent with the General Plan “through the promotion of high
functional and aesthetic standards to complement and add to the economic, physical,
and social character” of Diamond Bar.
Development Standards: The following table compares the proposed project with the
City’s development standards for residential development in the RR zone:
Development Feature
Residential
Development
Standards
Proposed
Meets
Requirements
Front Setback 30 feet 378’-1” Yes
Side Setbacks
15 feet on one side,
10 feet on the other
67’-9” – west side
304’-3” – east side Yes
Side Yard Minimum
Between Adjoining
Structures
25 feet
447’-8” – north side*
265’-1” – west side*
458’-7” – south side*
455’ – northeast side*
Yes
Rear Setback 25 feet 45’-5” Yes
Lot Coverage Maximum of 30% 5.2% Yes
Max. Building Height 35 feet 34’-11” Yes
Parking 2-car garage 2-car garage plus RV parking Yes
Retaining Wall
Height
4-foot exposed (supporting fill)
6-foot exposed (supporting cut)
4-foot exposed (supporting fill)
6-foot exposed (supporting cut) Yes
*Distance is measured from the nearest adjoining structure.
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Tree Permit (DBMC Section 22.38.110)
A Tree Permit is required when the removal or protection of a protected tree is
requested. A protected tree is any of the following:
• Native oak, walnut, sycamore and willow trees with a diameter at breast height
(“DBH” i.e., 4.5 feet above ground level) of eight inches or greater, and located
on parcels larger than one-half acre in area;
• Trees of significant historical or value as designated by the City Council;
• Any tree required to be preserved or relocated as a condition of approval for a
discretionary permit;
• Any tree required to be planted as a condition of approval for a discretionary
permit; and
• A stand of trees, the nature of which makes each tree dependent upon the others
for survival.
The applicant submitted a tree report, prepared by a licensed arborist dated July 18,
2019. The tree report indicates there are 34 coast live oak and California black walnut
trees on the property. Of the 34 trees, 13 trees are considered protected. The
applicant is proposing to remove three protected California black walnut trees that are in
fair and poor condition (two with a DBH of eight inches and one with a DBH of 12
inches) and nine unprotected trees (with a DBH that ranges from three to seven inches),
in order to create the proposed building pad area and the driveway. Most of the trees
being removed are in fair and poor condition, with the exception of one unprotected
coast live oak that is in good condition. This tree is in close proximity to grading and
construction and cannot be preserved. The trees will be replaced with nine 15-gallon
coast live oak trees throughout the property, which will provide sufficient replacement of
the natural landscape.
For grading and construction close to the protected zone, protective measures shall
include, but are not limited to the following:
• Tree protection fencing will be a minimum of five feet high and located five feet
from the drip line of the trees.
• Fencing will be of a flexible configuration or chain link, supported by vertical
posts at a maximum of ten-foot intervals to keep the fencing upright and in place.
• A sign posted on the fencing which states “Warning: Tree Protection Zone” and
stating the requirements of all workers in the protection zone.
• Throughout the course of construction, the tree protection fencing shall be
maintained and the site shall be maintained and cleaned at all times. No
construction staging or disposal of construction materials or byproducts, including
but not limited to paint, plaster, or chemical solutions is allowed in the tree
protection zone.
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These protective measures are included as conditions in the attached resolution.
Tree Inventory Plan
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Compliance with Hillside Management Ordinance (DBMC Section 22.22)
The proposed project was reviewed for compliance with the City’s Hillside Management
Design Guidelines and regulations. The project complies with all of the regulations and
guidelines to ensure that development will complement the character and topography of
hillside areas set forth in the Development Code, and incorporates the following
features:
• All proposed retaining walls associated with the building pads are at a maximum
exposed height of four feet and retaining walls supporting cuts are at a maximum
exposed height of six feet;
• The project is located approximately 66 feet below the street grade on a large
flag lot;
• The home is constructed into the hillside with a basement, which gives the
appearance of a two-story structure; and
• Earth tone building materials and color schemes are used that blend in with the
natural landscape.
The project complies with all of the regulations and guidelines to ensure tha t
development will complement the character and topography of hillside areas set forth in
the Development Code.
Compatibility with Neighborhood
The proposed project is designed to be compatible with the character of the existing
homes in the neighborhood. The new house will not be intrusive to neighboring homes
since the proposed house will not block existing views from adjacent properties. The
adjacent properties to the north have views to the south but are at a much higher
elevation. There is a canyon of existing trees on the slopes of the adjacent properties to
the south that provides screening between the neighboring properties. The closest
home to the east—located approximately 455 feet away—have views to the southwest
and have existing trees that provides screening between the neighboring properties.
The adjacent properties to the west have views to the east and southeast. The views
from three properties on Clear Creek Lane will change, but the proposed home will not
obstruct their views. Furthermore, these homes are at a higher elevation and is located
approximately 265 feet away. The home that may be impacted the most has existing
trees that provides screening between the properties.
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Development Review and Tree Permit Planning Case No. PL2019-42
Page 12 of 14
View Looking West
View Looking East from Clear Creek Lane
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View Looking North
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Development Review and Tree Permit Planning Case No. PL2019-42
Page 13 of 14
Although the proposed house will be one of the lar gest homes in The Country, the scale
and proportions of the home are balanced and appropriate for the 8.5-acre site. The
architecture in The Country is eclectic, and includes a variety of architectural designs .
In sum, the proposed project fits the chara cter of the neighborhood on which it is
proposed. Additionally, the existing coast live oak and California black walnut trees in
the rear yard will remain, which will provide screening between the subject property and
the neighboring properties to the rear.
• The new single-family residence will conform to all development standards,
including building height and setbacks, which is consistent with other homes in
The Country;
• A gradual transition between the project and adjacent uses is achieved through
appropriate setbacks, building height, and landscaping;
• The proposed new single-family residence is appropriate in mass and scale to
the site;
• Elevations are treated with detailed architectural elements;
• The exterior finish materials and colors blend with the natural environment; and
• Effective landscape design should serve the dual purpose of intrinsically
enhancing a project setting, as well as integrating the landscaping into the overall
architectural design. Staff finds the proposed plant palette to be diverse, and the
plant selections are compatible with Southern California native landscapes.
Additional Review
The Public Works Department and Building and Safety Division reviewed this project,
and their comments are included in the attached resolution as conditions of approval.
The applicant submitted plans to the County of Los Angeles Fire Department and
comments were issued on April 16, 2019. The applicant shall continue to work with the
Fire Department during the building plan check process to address a ll of their
comments.
NOTICE OF PUBLIC HEARING:
On November 27, 2019, public hearing notices were mailed to property owners within a
1,000-foot radius of the project site. On November 27, 2019, the notice was published
in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice
display board was posted at the site, and a copy of the notice was posted at the City's
four designated community posting sites.
Public Comments Received
No comments have been received as of the publication date of this report.
ENVIRONMENTAL ASSESSMENT:
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Development Review and Tree Permit Planning Case No. PL2019-42
Page 14 of 14
This project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to the provisions of
Article 19 Section 15303(a) (construction of a new single-family residence) of the CEQA
Guidelines. No further environmental review is required.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Resolution No. 2019-XX and Standard Conditions of Approval
B. Color and Material Board
C. Protected Tree Report Dated July 18, 2019
D. Site Plan, Floor Plans, Elevations, Conceptual Grading Plans and Landscape
Plans
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PLANNING COMMISSION
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2019-42 TO CONSTRUCT A 31,458 SQUARE FOOT, SINGLE-FAMILY
RESIDENCE WITH A 2,100 SQUARE FOOT GARAGE, AN 800 SQUARE
FOOT PORTE-COCHERE AND 8,675 SQUARE FEET OF BALCONY AREA
ON AN 8.51 GROSS ACRE (370,696 GROSS SQUARE-FOOT) LOT LOCATED
AT 2244 INDIAN CREEK ROAD, DIAMOND BAR, CA 91765 (APN 8713-040-
031). A TREE PERMIT IS ALSO REQUESTED TO REMOVE THREE BLACK
WALNUT TREES THAT ARE IN FAIR AND POOR HEALTH AND REPLACE
WITH NINE COAST LIVE OAK TREES.
A. RECITALS
1. The property owner, Henry Hua, and applicant, Pete Volbeda, have filed an
application for Development Review and Tree Permit No. PL2019-42, to
request the following approvals from the Planning Commission:
(a) Development Review to construct a new 31,458 square-foot, single-
family residence with a 2,100 square-foot garage, an 800 square-foot
porte cochere and 8,675 square feet of balcony area; and
(b) Tree Permit to remove three protected California black walnut trees
that are in fair and poor health and replace with nine coast live oak
trees.
Hereinafter in this Resolution, the subject Development Review and Tree
Permit shall be referred to as the "Proposed Project."
2. The subject property is made up of one parcel totaling 370,696 gross square
feet (8.51 gross acres). It is located in the Rural Residential (RR) zone with
an underlying General Plan land use designation of Rural Residential.
3. The legal description of the subject property is Lot 65 of Tract No. 23483.
The Assessor’s Parcel Number is 8713-040-031.
4. On November 27, 2019, public hearing notices were mailed to property
owners within a 1,000-foot radius of the Project site. On November 27,
2019, notification of the public hearing for this project was published in the
San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers.
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2 PC Resolution No. 2019-XX
Also, public notices were posted at the project site and the City’s four
designated community posting sites.
5. On December, 10, 2019, the Planning Commission of the City of Diamond
Bar conducted a duly noticed public hearing, solicited testimony from all
interested individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct; and
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environm ental
Quality Act (CEQA) pursuant to the provisions of Article 19,
Section 15303(a) (construction of a new single-family residence) of the
CEQA Guidelines. Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.38, this Planning
Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
1. The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments):
The design and layout of the proposed single-family residence consisting of
a 31,458 square-foot, single-family residence with a 2,100 square-foot
garage, an 800 square-foot porte cochere and 8,675 square feet of balcony
area is consistent with the City’s General Plan, Design Guidelines and
development standards. A gradual transition between the project and
adjacent uses is achieved through appropriate setbacks, building height,
landscaping, and window and door placement.
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The proposed new single-family residence incorporates various details and
architectural elements such as a flat roof, granite stone cladding and
limestone exterior finishes, pediment with ornate decorative detail at the
entrance, Corinthian columns, concrete balustrades, long elongated
windows, a cupola; and appropriate massing and proportion to meet the
intent of the City’s Design Guidelines.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
2. The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future development s, and
will not create traffic or pedestrian hazards;
The proposed single-family house will not interfere with the use and
enjoyment of neighboring existing or future developments because the use
of the project site is designed for a single-family home and the surrounding
uses are also single-family homes. The new house will not be intrusive to
neighboring homes since the proposed house will not block existing views
from adjacent properties. The adjacent properties to the north have views
to the south but are at a much higher elevation. There is a canyon of
existing trees on the slopes of the adjacent properties to the south that
provides screening between the neighboring properties. The closest home
to the east is located approximately 455 feet away, have views to the
southwest and have existing trees that provides screening between the
neighboring properties. The adjacent properties to the west have views to
the east and southeast. With the proposed home, the views from three
properties will change, but the home will not obstruct their views.
Furthermore, these homes are at a higher elevation and is located
approximately 265 feet away. The home that may be impacted the most
have existing trees that provides screening between the properties.
The proposed single-family house will not interfere with vehicular or
pedestrian movements, such as access or other functional requirements of
a single-family home because it complies with the requirements for
driveway widths and exceeds the minimum number of required off -street
parking spaces.
3. The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly and attractive development contemplated
by Chapter 22.48: Development Review Standards, the City’s Design
Guidelines, the City's General Plan, or any applicable specific plan;
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Although the proposed house will be one of the largest homes in The
Country, the scale and proportions of the home are balanced and
appropriate for the 8.5--acre site. The architecture in The Country is
eclectic, and includes a variety of architectural designs. In sum, the
proposed project fits the character of the neighborhood on which it is
proposed. Additionally, the existing coast live oak and California black
walnut trees in the rear yard will remain, which will provide screening
between the subject property and the neighboring properties to the rear.
The closest existing home from the project is located approximately 265 feet
away.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing;
The architectural style of the home is French Baroque, including details
such as a flat roof, pediment with ornate decorative detail at the entrance,
Corinthian columns, concrete balustrades, long elongated windows, a nd a
cupola. The new home will not be intrusive to neighboring homes and will
be aesthetically appealing by integrating a variety of materials, such as
granite stone cladding and limestone exterior finishes. Earth-tone shades
for the exterior finish are used to soften the building’s visual impact and
assist in preserving the hillside’s aesthetic value. Also, landscaping is
integrated into the site to complement the massing of the house and blend
in with neighboring homes and the natural environment o f the site in order
to maintain a desirable environment. The scale and proportions of the
proposed home are well balanced and appropriate for the site.
5. The proposed development will not be detrimental to public health, safety
or welfare or materially injurious (e.g., negative effect on property values or
resale(s) of property) to the properties or improvements in the vicinity; and
Before the issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution, and the Building
and Safety Division and Public Works Departments requirements.
Through the permit and inspection process, the referenced agencies will
ensure that the proposed project is not detrimental to the public health,
safety or welfare or materially injurious to the properties or improvements in
the vicinity.
6. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
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The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15303(a) (construction of a new single-family residence) of the
CEQA Guidelines.
Tree Permit Finding (DBMC Section 22.38.110)
1. Preservation of the tree is not feasible and would compromise the property
owner's reasonable use and enjoyment of property or surrounding land and
appropriate mitigation measures will be implemented in compliance with
DBMC Section 22.38.130 (Tree replacement/relocation standards) below.
The applicant submitted a tree report, prepared by a licensed arborist dated
July 18, 2019. The tree report indicates there are 34 coast live oak and
California black walnut trees on the property. Of the 34 trees, 13 trees are
considered protected. The applicant is proposing to remove three protected
California black walnut trees that are in fair and poor condition (two with a
DBH of eight inches and one with a DBH of 12 inches) and nine unprotected
trees, in order to create the proposed building pad area and the driveway.
The trees will be replaced with nine 15-gallon coast live oak trees
throughout the property, which will provide sufficient replacement of the
natural landscape.
Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves this Application, subject to the following conditions:
1. Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing.
2. Prior to issuance of building permits, the applicant shall record, and provide
the City with a conformed recorded copy of, a Covenant and Agreement or
similar document in a form approved by the City Attorney, which restricts
the rental of rooms or other portions of the property under two or more
separate agreements and prohibits use of the property as a boarding or
rooming house, except to the extent otherwise permitted by the Diamond
Bar Municipal Code or applicable state or federal law.
3. Prior to building permit issuance, the required landscape plan shall be
designed to meet the requirements of the Los Angeles County Fire
Department’s Fuel Modification Plan Guidelines in terms of plant selection,
placement and maintenance. The final landscape and fuel modification
plans shall be submitted to the Los Angeles Fire Department for review and
approval.
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4. Prior to building permit issuance, a Certification of Design, together with
landscape and irrigation plans prepared by a licensed landscape architect,
shall be submitted to the Planning Division for review and approval by the
City’s Consulting Landscape Architect. Landscape and irrigation plans shall
comply with the updated Water Efficient Landscaping Ordinance.
5. Prior to the issuance of a demolition, grading or building permit, the
protected trees proposed to remain shall be barricaded by chain link fencing
with a minimum height of five feet, or by another protective barrier approved
by the Community Development Director or designee. Chain link fencing
shall be supported by vertical posts at a maximum of ten -foot intervals to
keep the fencing upright and in place. Barriers shall be placed at least five
(5) feet from the drip line of the trees. A sign posted on the fencing which
states “Warning: Tree Protection Zone” and stating the requirements of all
workers in the protection zone. Throughout the course of construction, the
tree protection fencing shall be maintained and the site shall be maintained
and cleaned at all times. No construction staging or disposal of construction
materials or byproducts, including but not limited to paint, plaster, or
chemical solutions is allowed in the tree protection zone. The fencing plan
shall be shown on the grading plan and other applicable construction
documents and the Applicant, Owner or construction manager shall contact
the Planning Division to conduct a site visit prior to commencement of any
work to ensure this condition is met.
6. All grading and construction conducted close to the protected zone of the
protected oak and black walnut trees shall be performed within the presence
of a qualified arborist. A 48-hour notice shall be provided to the arborist and
the Planning Division prior to the planned start of work.
7. If protective measures fail to ensure the survival of any protected tree during
construction activity or within three years after approval of final inspection,
a minimum of three 24-inch box protected species shall be planted on the
property for each protected tree that dies.
8. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owner, Henry Hua, 19811 Colima Rd #201, Walnut,
CA 91789; and applicant, Pete Volbeda, 164 N. 2nd Street, Upland,
CA 91786.
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7 PC Resolution No. 2019-XX
APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2019, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: ______________________________________
Naila Barlas, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 10th day of December, 2019, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: ______________________________________
Greg Gubman, Secretary
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COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Tree Permit No. PL 2019-42
SUBJECT: To construct a new 31,458 square-foot, single-family residence
with a 2,100 square-foot garage, an 800 square-foot porte
cochere and 8,675 square feet of balcony area. A Tree Permit is
requested to remove three protected California black walnut
trees that are in fair/poor health and replace with nine coast live
oak trees
PROPERTY Henry Hua
OWNER: 19811 Colima Rd #201
Walnut, CA 91789
APPLICANT: Pete Volbeda
164 N. 2nd Avenue Suite 100
Upland, CA 91786
LOCATION: 2244 Indian Creek Road, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
I. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. The applicant shall defend, indemnify, and hold harmless the City,
and its officers, agents and employees, from any claim, action, or
proceeding to attack, set-aside, void or annul, the approval of
Development Review and Tree Permit No. PL2019-42 brought within
the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made
a party of any such action:
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(a) Applicant shall provide a defense to the City defendants or at
the City's option reimburse the City its costs of defense,
including reasonable attorneys’ fees, incurred in defense of
such claims.
(b) Applicant shall promptly pay any final judgment rendered
against the City defendants. The City shall promptly notify the
applicant of any claim, action of proceeding, and shall
cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant
and owner of the property involved have filed, within twenty-one
(21) days of approval of this Development Review and Tree Permit
No. PL2019-42, at the City of Diamond Bar Community Development
Department, their affidavit stating that they are aware of and agree
to accept all the conditions of this approval. Further, this approval
shall not be effective until the applicants pay remaining City
processing fees, school fees and fees for the review of submitted
reports.
3. All designers, architects, engineers, and contractors associated with
this project shall obtain a Diamond Bar Business License; and a
zoning approval for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2019-XX,
Standard Conditions, and all environmental mitigations shall be
included on the plans (full size). The sheet(s) are for information only
to all parties involved in the construction/grading activities and are
not required to be wet sealed/stamped by a licensed
Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for
Planning Division review and approval.
6. Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance
with the conditions of approval and all laws, or other applicable
regulations.
8. Approval of this request shall not waive compliance with all sections
of the Development Code, all other applicable City Ordinances, and
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10 PC Resolution No. 2019-XX
any applicable Specific Plan in effect at the time of building permit
issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation
plans shall be coordinated for consistency prior to issuance of City
permits (such as grading, tree removal, encroachment, building,
etc.,) or approved use has commenced, whichever comes first.
10. The hours during which construction activities causing the operation
of any tools or equipment used in construction, drilling, repair,
alteration, or demolition work are limited to Monday through
Saturday, between the hours of 7:00 a.m. and 7:00 p.m., and are not
allowed at any time on Sundays or holidays.
11. The property owner/applicant shall remove the public hearing notice
board within three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the
Fire Department.
13. Prior to issuance of building permits, the applicant shall record, and
provide the City with a conformed recorded copy of, a Covenant and
Agreement or similar document in a form approved by the City
Attorney, which restricts the rental of rooms or other portions of the
property under two or more separate agreements and prohibits use
of the property as a boarding or rooming house, except to the extent
otherwise permitted by the Diamond Bar Municipal Code or
applicable state or federal law.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, Public Works Department
and Mitigation Monitoring) at the established rates, prior to issuance
of building or grading permit (whichever comes first), as required by
the City. School fees as required shall be paid prior to the issuance
of building permit. In addition, the applicant shall pay all remaining
prorated City project review and processing fees prior to issuance of
grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of
this project shall have no deficits.
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11 PC Resolution No. 2019-XX
C. TIME LIMITS
1. The approval of Development Review and Tree Permit No. PL2019-
42 expires within two years from the date of approval if the use has
not been exercised as defined per Diamond Bar Municipal Code
(DBMC) Section 22.66.050 (b)(1). In accordance with DBMC
Section 22.60.050(c), the applicant may request, in writing, a one -
year time extension for Planning Commission consideration. Such a
request must be submitted to the Planning Division prior to the
expiration date and be accompanied by the review fee in accordance
with the fee schedule in effect at the time of submittal.
D. SITE DEVELOPMENT
1. This approval is to construct a new 31,458 square-foot, single-family
residence with a 2,100 square-foot garage, an 800 square-foot porte
cochere and 8,675 square feet of balcony area at 2244 Indian Creek
Road, as described in the staff report and depicted on the approved
plans on file with the Planning Division, subject to the conditions
listed below.
2. The construction documents submitted for plan check shall be in
substantial compliance with the architectural plans approved by the
Planning Commission, as modified pursuant to the conditions below.
If the plan check submittal is not in substantial compliance with the
approved Development Review submittal, the plans may require
further staff review and re-notification of the surrounding property
owners, which may delay the project and entail additional fees.
3. To ensure compliance with the provisions of the Planning
Commission approval, a final inspection is required from the
Planning Division when work for any phase of the project has been
completed. The applicant shall inform the Planning Division and
schedule an appointment for such an inspection.
4. The above conditions shall run with the land and shall be binding
upon all future owners, operators, or successors thereto of the
property. Non-compliance with any condition of approval or
mitigation measure imposed as a condition of the approval shall
constitute a violation of the City’s Development Code. Violations may
be enforced in accordance with the provisions of the Development
Code.
5. Failure to comply with any of the conditions set forth above or as
subsequently amended in writing by the City, may result in failure to
obtain a building final and/or a certificate of occupancy until full
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compliance is reached. The City’s requirement for full compliance
may require minor corrections and/or complete demolition of a non-
compliant improvement, regardless of costs incurred where the
project does not comply with design requirements and approvals that
the applicant agreed to when permits were pulled to construct the
project.
6. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, on file with the
Planning Division, the conditions contained herein, and the
Development Code regulations.
7. All ground-mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete
or masonry walls, berms, and/or landscaping to the satisfaction o f
the Planning Division.
8. All roof-mounted equipment shall be screened from public view.
9. All structures, including walls, trash enclosures, canopies, etc., shall
be maintained in a structurally sound, safe manner wit h a clean,
orderly appearance. All graffiti shall be removed within 72 hours by
the property owners/occupant.
10. All landscaping, structures, architectural features and public
improvements damaged during construction shall be repaired or
replaced upon project completion.
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris
both during and after the construction, addition, or implementation of
the entitlement approved herein. The removal of all trash, debris,
and refuse, whether during or subsequent to construction shall be
done only by the property owner, applicant or by a duly permitted
waste contractor, who has been authorized by the City to provide
collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to ensure that the waste
contractor used has obtained permits from the City of Diamond Bar
to provide such services.
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2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by
approval of this project.
II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. There is not a valid address assigned to this parcel. The applicant shall
submit an Application for Address Change form to the Public Works
Department for processing.
2. An Erosion Control Plan shall be submitted concurrently with the grading
plan clearly detailing erosion control measures. These measures shall be
implemented during construction. The erosion control plan shall conform to
national Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP’s) as
specified in the Storm Water BMP Certification.
3. The proposed improvements indicate a disturbance of one acre of land or
greater. As such, a Storm Water Pollution Prevention Plan (SWPPP) will be
needed. A Storm Water Pollution Prevention Plan (SWPPP) shal l be
submitted and approved by the City, uploaded to the State’s SMARTS
system, and a WDID number shall be acquired from the California Water
Board prior to issuance of construction permits.
4. A new single-family hillside home development project shall include
mitigation measures to:
(i) Conserve natural areas;
(ii) Protect slopes and channels;
(iii) Provide storm drain system stenciling and signage;
(iv) Divert roof runoff to vegetated areas before discharge unless the
diversion would result in slope instability; and
(v) Direct surface flow to vegetated areas before discharge, unless
the diversion would result in slope instability.
5. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
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14 PC Resolution No. 2019-XX
B. SOILS REPORT/GRADING/RETAINING WALLS
1. Upon approval of the geotechnical report, the applicant shall submit
drainage and grading plans prepared by a Civil Engineer, licensed by the
State of California, prepared in accordance with the City’s requirements for
the City’s review and approval. A list of requirements for grading plan check
is available from the Public Works Department. All grading (cut and fill)
calculations shall be submitted to the City concurrently with the grading
plan.
2. Finished slopes shall conform to City Code Section 22.22.080-Grading.
3. All easements and flood hazard areas shall be clearly identified on the
grading plan.
4. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall
be submitted to the Building and Safety Division for review and approval.
5. All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a 6 foot-high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
6. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance
and acceptable grading practices.
7. The maximum grade of driveways serving building pad area s shall be 15
percent. Driveways with a slope of 15 percent shall incorporate grooves for
traction into the construction as required by the City Engineer.
8. All slopes shall be seeded per landscape plan and/or fuel modification plan
with native grasses or planted with ground cover, shrubs, and trees for
erosion control upon completion of grading or some other alternative
method of erosion control shall be completed to the satisfaction of the City
Engineer and a permanent irrigation system shall b e installed.
9. Submit a stockpile plan showing the proposed location for stockpile for
grading export materials, and the route of transport.
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10. A pre-construction meeting shall be held at the project site with the grading
contractor, applicant, and city grading inspector at least 48 hours prior to
commencing grading operations.
11. Rough grade certifications by project soils and civil engineers and the as -
graded geotechnical report shall be submitted for review and approval prior
to issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
12. Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works Department prior to the issuance of any
project final inspections/certificate of occupancy respectively.
C. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any
flood hazard area hall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is
the natural drainage course.
2. The applicant and contractor shall maintain compliance with all
development provisions of the Diamond Bar Municipal Code for
construction in an Area Subject to Flood Hazard (DBMC 18.108.010-210).
3. The preliminary grading plans indicate that the “AREA SUBJECT TO
FLOOD HAZARD TO BE VACATED” and “THE FLOOD HAZARD AREA
TO BE REMOVED.” However, the applicant assumes the all risks by
proposing to build a structure in a Flood Hazard Area and the property
owner shall release, hold harmless, and indemnify the City of Diamond Bar
of liability for the issuance of a permit to build under the above -described
circumstances.
4. The property owner shall record the document, “Assumption of Risk and
Release Regarding Building an Uninhabitable Structure in a Flood Hazard
Area,” and a recorded copy shall be provided to the City prior to the
issuance of any grading or retaining wall permits.
D. SEWERS (NOT APPLICABLE IF A SEPTIC TANK IS PROPOSED)
1. Applicant shall obtain connection permit(s) from the City and County
Sanitation District prior to issuance of building permits.
2. Any homeowner that installs a new septic tank system, repairs and existing
septic tank or adds any plumbing fixture units or bedroom equivalents to the
facility served by an existing septic system will need to submit a Notice of
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Intent (NOI) to the Regional Water Quality Control Board for Waste
Discharge Requirements and submit a copy of the sent NOI and check to
the City. Please refer to City handouts.
3. Applicant, at applicant’s sole cost and expense, shall construct the sewer
system in accordance with the City, Los Angeles County Public Works
Division. Sewer plans shall be submitted to the Building and Safety Division
for review and approval by the City.
E. SEPTIC TANK (NOT APPLICABLE IF A SEWER CONNECTION IS
PROPOSED)
1. The Applicant shall show septic tanks location, size and details on the plans.
The Los Angeles County Health Department, California Water Control
Board and the City’s Geotechnical Engineer shall approve these plans prior
to the issuance of any permits. The property owner shall be required to sign
and record the City’s Covenant for use of a septic system.
III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
1. At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code requirements and all other applicable
construction codes, ordinances and regulations in effect.
2. Provisions for CAL Green shall be implemented onto plans and certification
shall be provided by a third party as required by the Building Division.
Specific water, waste, low VOC, and related conservation measures shall
be shown on plans. Construction shall conform to the current CAL Green
Code.
3. Only one single family dwelling is allowed on this property unless
specifically approved otherwise per CBC 202.
Plan Check – Items to be addressed prior to plan approval:
4. The minimum design load for wind in this area is 110 M.P.H. exposures “C”
and the site is within seismic zone D or E. The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
5. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent per the current California Energy Code 11 9 and 150(k).
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6. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(o).
7. Public Works/Engineering Department is required to review and approve
grading plans that clearly show all finish elevations, drainage, and retaining
wall(s) locations. These plans shall be consistent with the site plan
submitted to the Building & Safety Division.
8. Separate permits are required for pool, spa, fountains, retaining walls, and
electric gates” and shall be noted on plans.
9. There shall be design for future electrical vehicle charging including circuitry
in the electrical panel and future conduit.
10. All balconies shall be designed for 1.5 times the live load for the area served
per CBC Table 1607.1 (emergency regulations).
11. All easements shall be shown on the site plan.
12. A fully rated wall between the garage and dwelling unit is required with
penetrations through the wall protected. Rating is required per CBC 406.3.1
and Table 508.4.
13. All utilities shall be shown on plans including sewer line connection location.
Where applicable, backflow preventers and pumps shall be designed by a
registered professional engineer. Utilities shall be coordinated with the
utility companies.
14. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
in High Hazard Fire Zone, it shall meet requirements of the fire zone per
CBC Chapter 7A.
a. All unenclosed under-floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion-resistant wire mesh not less than 1/4 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
c. Eaves shall be protected.
d. Exterior construction shall be one-hour or non-combustible.
e. Fuel modification plans shall be approved through LA County Fire Fuel
Modification Unit.
f. LA County Fire shall approve plans for fire flow availability due to home
being over 3600 sf as required per CFC Appendix B105.1.
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15. All retaining walls shall be separately submitted to the Building & Safety and
Public Works/Engineering Departments for review and approval.
16. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
17. Slope setbacks shall be consistent with California Building Code Figure
1805.3.1 and California Residential Code R403.1.7. Foundations shall
provide a minimum distance to daylight.
18. Interior pools shall have a ventilation system capable of providing exhaust
ventilation. See CMC T-4-1 and T-4-4.
19. Design for future electric vehicle charging and solar ready roof shall be
provided.
Permit – Items required prior to building permit issuance:
20. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of Title
8. The contractor shall complete all required forms and pay applicable
deposits prior to permit.
21. Prior to building permit issuance, all school district fees shall be paid.
Please obtain a form from the Building and Safety Division to take directly
to the school district.
22. Submit grading plans clearly showing all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification.
23. Private property sewer system shall be approved by the Los Angeles
County Sanitary District and applicable connection fees shall be paid.
24. All workers on the job shall be covered by workman’s compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
25. The basement retaining wall must be separated from the house plans and
separately permitted in order to certify the building pad before permit
issuance of the house structure.
Construction – Conditions required during construction:
26. Fire sprinklers are required for new single-family dwellings (CRC R313.2).
Sprinklers shall be approved by LA County Fire Department prior to
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installation and shall be inspected at framing stage and finalization of
construction.
27. Occupancy of the facilities shall not commence until all California Building
Code and State Fire Marshal regulations have been met. The buildings
shall be inspected for compliance prior to occupancy.
28. Every permit issued by the building official under the provisions of this Code
shall expire and become null and void unless the work authorized by such
permit is commenced within one year after permit issuance, and if a
successful inspection has not been obtained from the building official within
one-hundred-eighty (180) days from the date of permit issuance or the last
successful inspection. A successful inspection shall mean a documented
passed inspection by the city building inspector as outlined in Section 110.6.
29. All structures and property shall be maintained in a safe and clean manner
during construction. The property shall be free of debris, trash, and weeds.
30. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6’ high fence.
31. A height and setback survey may be required at completion of framing and
foundations construction phases respectively.
32. The project shall be protected by a construction fence to the satisfaction of
the Building Official, and shall comply with the NPDES & BMP requirements
(sand bags, etc.). All fencing shall be view obstructing with opaque
surfaces.
33. The location of property lines and building pad may require a survey to be
determined by the building inspection during foundation and/or frame
inspection.
34. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert
by dialing 811 or their website at www.digalert.org.
35. The applicant shall first request and secure approval from the City for any
changes or deviations from approved plans prior to proceeding with any
work in accordance with such changes or deviations.
36. All glazing in hazardous locations shall be labeled as safety glass . The
labeling shall be visible for inspection.
37. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
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38. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away
from the building at a 2% minimum slope. The final as-built conditions shall
match the grading/drainage plan or otherwise approved as -built
grading/drainage plan.
39. Decks, roofs, and other flat surfaces shall slope at least 1/4”/ft with
approved and listed water proofing material. Guardrails shall be provided
for these surfaces at least 42” minimum in height, 4” maximum spacing
between rails, and capable of resisting at least 20 pounds per lineal foot of
lateral load.
40. Bodies of water that are greater than 18” in depth shall have the required
barriers to prevent unintentional exterior access per CBC 3904.4.
41. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
IV. APPLICANT SHALL CONTACT THE COUNTY OF LOS ANGELES FIRE
DEPARTMENT, (909) 620-2402, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
1. Comments will be provided upon acceptance of fees invoiced by the
County.
2. Development shall be constructed to reduce the potential for spread of
brushfire.
a. In the case of a conflict, where more restrictive provisions are
contained in the Uniform Building Code or in the fire code, the more
restrictive provisions shall prevail.
b. Roofs shall be covered with noncombustible materials as defined in
the building code. Open eave ends shall be stopped in order to
prevent bird nests or other combustible material lodging within the
roof and to preclude entry of flames.
c. Exterior walls shall be surfaced with noncombustible or fire-resistant
materials.
d. Balconies, patio roofs, eaves and other similar overhangs shall be of
noncombustible construction or shall be protected by fire-resistant
material in compliance with the building code.
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3. All development shall be constructed with adequate water supply and
pressure for all proposed development in compliance with standards
established by the fire marshal.
4. A permanent fuel modification area shall be required around development
projects or portions thereof that are adjacent or exposed to hazardous fire
areas for the purpose of fire protection. The required width of the fuel
modification area shall be based on applicable building and fire codes and
a fire hazard analysis study developed by t he fire marshal. In the event
abatement is not performed, the council may instruct the fire marshal to give
notice to the owner of the property upon which the condition exists to correct
the prohibited condition. If the owner fails to correct the conditi on, the
council may cause the abatement to be performed and make the expense
of the correction a lien on the property upon which the conditions exist.
5. Fuel modification areas shall incorporate soil erosion and sediment control
measures to alleviate permanent scarring and accelerated erosion.
6. If the fire marshal determines in any specific case that difficult terrain,
danger of erosion, or other unusual circumstances make strict compliance
with the clearance of vegetation undesirable or impractical, the fire marshal
may suspend enforcement and require reasonable alternative measures
designed to advance the purposes of this chapter.
7. Special construction features may be required in the design of structures
where site investigations confirm potential geologic hazards.
END
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1
TREE REPORT
FOR
Windsor Group Corporation
19811 Colima Rd.
Suite 210
Walnut, CA 91789
SITE ADDRESS
2244 Indian Creek Rd.
Diamond Bar, CA 91765
REPORT DONE BY:
PHIL MAY
LANDSCAPE ARCHITECT
1937 W 9TH STREET
UPLAND, CA 91786
(909) 373-1959
&
MIKE PARKER
CERTIFIED ARBORIST WE3414A
California Arbor Care Inc
P.O. Box 746
Chino, CA 91708
909-590-4100 Fax 909-590-4165
July 18, 2019
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I. INTRODUCTION
This arborist report of surveyed existing established trees for the residential development, of single family dwelling at
2244 Indian Creek Rd. Diamond Bar, CA 9176. Prepared an inventory and map of trees to be potentially impacted by the
project
Recommendations for tree protection and mitigation
II. INVENTORY METHODS
The inventory and report was prepared in accordance with the City of Diamond Bar Tree Preservation guidelines.
The inventory was conducted using survey map showing project and parcel boundaries, contours, and tree canopy
locations. Visual Tree Assessment (VTA) was used to inspect trees. Species, diameter, and condition were recorded on
trees having a diameter of 8-inches or greater at breast height (DBH) were inventoried and numbered. Information
recorded for each of these trees included tree number, species, DBH, height and condition. Tree condition was rated
“excellent”, “good”, “fair”, “poor”, and “dead” with “poor” meaning that that tree was dying due to a variety of
conditions, and “dead” meaning that the tree has died and should be removed. A complete key of tree conditions are on
the tree inventory table.
This report is limited by:
Not all tree defects may be visible from observation position on the ground
Visual Tree Assessment (VTA) does not include diagnostic testing.
III. RESULTS
Tree Distribution
The subject property contains 34 mitigated trees, fourteen (14) Juglans californica, California Black Walnut trees and
twenty (20) Quercus agrifolia, Coast Live Oak trees. Of the fourteen (14) Juglans californica, California Black Walnut
trees, eleven (11) #1,#2, #3, #4, #5, #6, #7, #8, #9, #10 & #12 will be removed due to new driveway and proposed single
family residence. Of the eleven California Black Walnut trees scheduled to be removed, three (3) #1, #9 & #10 are
considered protected trees due to a DBH of eight inches or greater. Of the twenty (20) Quercus agrifolia, Coast Live Oak
trees one (1) #33, will be removed. Scheduled Oak tree to be removed is not considered a protected tree due to DBH of
only 5”. Protected Juglans californica trees scheduled to be removed will be replaced at a 3:1 ratio throughout the site
away from new development. All remaining trees will be protected in place.
Inventory
A total of thirty four (34) trees in the regulated size class (4-inches DBH and larger) were inventoried. Information
recorded included, number, species, DBH, height and condition. A total of fourteen (14) Juglans californica, California
Black Walnut trees and twenty (20) Quercus agrifolia, Coast Live Oak trees were recorded and inventoried for this
report, see “Tree Inventory Table” for tree information also refer to “Tree Inventory Plans” sheet T-1 for location
reference.
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Tree Inventory Table
Protected Trees
The subject property contains thirty four (34) mitigated trees of which thirteen (13) are considered protected due to a
DBH of 8” or higher. Protected trees consists of the following species three (3) #1, #9, & #10 California Black Walnut
trees and ten (10) #21, #22, #23, #24, #26, #27, #29, #30, #31, & #32 Coast Live Oak trees. All protected California Black
Walnut trees, quantity of three (3) are scheduled to be removed. No protected Quercus agrifolia, Coast Live Oak trees
are scheduled to be removed, see “Tree Inventory Plans” sheet T-1 for reference.
IV. TREE REMOVAL & TREE RETENTION PLANS
Eleven (11) California Black Walnut trees and one (1) Quercus agrifolia, Coast Live Oak tree are scheduled to be removed
due to new development of single family residence. All remaining trees be protected in place, see “Tree Inventory
Plans” sheet T-1 for reference.
V. RECOMMENDATIONS
The following measures are recommended in order to minimize effects on existing trees to remain during
construction activities.
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4
Care should be taken to not change the grade of the trees to remain either by fill or grading. Any proposed
grading within the drip line of trees.
For all protected trees that will remain #21,#22,#23,#24,#26,#27,#29,#30,#31 & #32,and are going to be
impacted by new construction, install a five feet (5’) high orange mesh fence around tree drip line before
construction begins. Remove fence once construction has been fully completed.
DEFINITION OF TREE CONDITION RATING
Good
No trunk or root cavities or injuries p
No indication of hollowness
Root crown is at or slightly above grade
No decay present except for small stubs
Strong structure
Tapered trunk
No fungus evident
Below average amount of dead limbs
No co-dominant branching
No large callused areas, callusing intact
No evidence of large scale insect infestation
Average growth rate
No excessive limb weight
Normal foliage, tree not suppressed
Fair
No decay in the root crown and no major decay in the trunk or limbs
Small cavities may be present
No fungus evident
Some small to moderate callusing injuries may be present
Some suppression or crowded growing conditions present
Average amount of dead wood limbs
Small cavities may be present
Foliage size, color, and density may vary
Poor
Significant cavities, dead areas, and decay present
Tree structurally defective
Decay present in the root crown or base of trunk
Fungus bodies present indicating internal decay
Dead limbs above normal
Co-dominant branching with included bark present
Foliage is below average in size and color
Pest damage may be present
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VI. SITE PHOTOGRAPHS
PICTURE # 1
PICTURE #2
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PICTURE #3
PICTURE #4
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PICTURE #5
PICTURE #6
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PICTURE #7
PICTURE #8
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9
PICTURE #9
PICTURE #10
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10
PICTURE #11
END OF REPORT
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E TREE LEGENDSYMBOLBOTANICAL NAME COMMON NAME SIZEQTY.FACTORWUCOLSTREES#Sec. 22.38.140. - Tree protection requirements.The director shall determine during project review whether and to what extent measures will be required toprotect the existing trees during construction. This decision shall be based upon the proximity of the area ofconstruction activity to existing protected trees. The protective measures shall include but are not limited to thefollowing:(1)The existing trees to be retained shall be enclosed by chain link fencing with a minimum height of five feet orby another protective barrier approved by the director prior to the issuance of a grading or building permitand prior to commencement of work.(2)Barriers shall be placed at least five feet outside the drip line of trees to be protected. A lesser distance maybe approved by the director if appropriate to the species and the adjacent construction activity.(3)No grade changes shall be made within the protective barriers without prior approval by the director. Whereroots greater than one inch in diameter are damaged or exposed, the roots shall be cleanly saw cut andcovered with soil in conformance with industry standards.(4)Excavation or landscape preparation within the protective barriers shall be limited to the use of hand toolsand small hand-held power tools and shall not be of a depth that could cause root damage.(5)No attachments or wires other than those of a protective or nondamaging nature shall be attached to aprotected tree.(6)No equipment or debris of any kind shall be placed within the protective barriers. No fuel, paint, solvent, oil,thinner, asphalt, cement, grout or any other construction chemical shall be stored or allowed in any mannerto enter within the protected barrier.(7)If access within the protection zone of a protected tree is required during the construction process, the routeshall be covered in a six-inch mulch bed in the drip line area and the area shall be aerated and fertilized atthe conclusion of the construction.(8)When the existing grade around a protected tree is to be raised, drain tiles shall be laid over the soil to drainliquids away from the trunk. The number of drains shall depend upon the soil material. Lighter sandy soilsand porous gravelly material require fewer drains than heavy nonporous soils like clay. Dry wells shall belarge enough to allow for maximum growth of the tree trunk. Dry well walls shall be constructed of materialsthat permit passage of air and water.(9)When the existing grade around a tree is to be lowered, either by terracing or a retaining wall, a combinationmay be used to lower grade. With either method, the area within the drip line shall be left at the originalgrade. The retaining wall shall be porous to allow for aeration.(10)Trees that have been destroyed or that have received major damage during construction shall be replacedprior to final inspection.2244 INDIAN CREEK P.M.R.S.CHECKED10-26-18DATEDRAWN18079JOB NO.SHEETSCALEOF6HAU RESIDENCE
SHEETSDIAMOND BAR, CA Fax: 909 373 1958www.philmaydesign.compmay@philmaydesign.comUpland, CA 917861937 West 9th StreetPhone: 909 373 1959p
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TDATERENEWAL DATE13EPCDNSa.SMAyASIGNATURE0AHCIRCE4T05-31-19REVISIONSBY09-11-19TREE INVENTORY PLAN30'0'75'60'90'N1" = 30'L-28.2.dPacket Pg. 191
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ELEVATION VIEW N.T.S.MOTOR COURTYARD FOUNTAINTELEVATION VIEW N.T.S.JET FOUNTAINJMATCHLINE 'A' - SEE L-22244 INDIAN CREEK P.M.R.S.CHECKED10-26-18DATEDRAWN18079JOB NO.SHEETSCALEOF6HAU RESIDENCE
SHEETSDIAMOND BAR, CA Fax: 909 373 1958www.philmaydesign.compmay@philmaydesign.comUpland, CA 917861937 West 9th StreetPhone: 909 373 1959p
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TDATERENEWAL DATE13EPCDNSa.SMAyASIGNATURE0AHCIRCE4T05-31-19REVISIONSBY09-11-19HARDSCAPE PLAN - 120'0'50'40'60'N1" = 20'L-38.2.dPacket Pg. 192
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PL 122512201215121012051200119511901185118011781229SECTION VIEW NOT TO SCALEBLOCK WALLBELEVATION VIEW N.T.S.DRIVEWAY GATEDHMATCHLINE 'A' - SEE L-1MATCHLINE 'B' - SEE L-2MATCHLINE 'B' - SEE L-22244 INDIAN CREEK P.M.R.S.CHECKED10-26-18DATEDRAWN18079JOB NO.SHEETSCALEOF6HAU RESIDENCE
SHEETSDIAMOND BAR, CA Fax: 909 373 1958www.philmaydesign.compmay@philmaydesign.comUpland, CA 917861937 West 9th StreetPhone: 909 373 1959p
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TDATERENEWAL DATE13EPCDNSa.SMAyASIGNATURE0AHCIRCE4T05-31-19REVISIONSBY09-11-19HARDSCAPE PLAN - 2L-420'0'50'40'60'N1" = 20'8.2.dPacket Pg. 193
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PLANT LEGENDSYMBOLBOTANICAL NAME COMMON NAME SIZEREMARKSTREESSHRUBSPERENNIALSGROUND COVERSFACTORWUCOLSMATCHLINE 'A' - SEE L-2SECTION VIEW N.T.STREE PLANTING DETAIL 1SECTION VIEW N.T.SSHRUB PLANTING DETAIL 2SECTION VIEW N.T.SGROUNDCOVER PLANTING DETAIL3NOTE: ͞/ĂŐƌĞĞƚŽĐŽŵƉůLJǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚĞǁĂƚĞƌefficient landscape ordinance and submit a complete>ĂŶĚƐĐĂƉĞŽĐƵŵĞŶƚĂƚŝŽŶWĂĐŬĂŐĞ͘͟______________________________________________Phil May, Landscape Architect Date2244 INDIAN CREEK P.M.R.S.CHECKED10-26-18DATEDRAWN18079JOB NO.SHEETSCALEOF6HAU RESIDENCE
SHEETSDIAMOND BAR, CA Fax: 909 373 1958www.philmaydesign.compmay@philmaydesign.comUpland, CA 917861937 West 9th StreetPhone: 909 373 1959p
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TDATERENEWAL DATE13EPCDNSa.SMAyASIGNATURE0AHCIRCE4T05-31-19REVISIONSBY09-11-19PLANTING PLAN - 1L-520'0'50'40'60'N1" = 20'8.2.dPacket Pg. 194
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PL 122512201215121012051200119511901185118011781229PLANT LEGENDSYMBOLBOTANICAL NAME COMMON NAME SIZEREMARKSTREESSHRUBSPERENNIALSGROUND COVERSFACTORWUCOLSMATCHLINE 'A' - SEE L-1MATCHLINE 'B' - SEE L-2MATCHLINE 'B' - SEE L-22244 INDIAN CREEK P.M.R.S.CHECKED10-26-18DATEDRAWN18079JOB NO.SHEETSCALEOF6HAU RESIDENCE
SHEETSDIAMOND BAR, CA Fax: 909 373 1958www.philmaydesign.compmay@philmaydesign.comUpland, CA 917861937 West 9th StreetPhone: 909 373 1959p
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TDATERENEWAL DATE13EPCDNSa.SMAyASIGNATURE0AHCIRCE4T05-31-19REVISIONSBY09-11-19PLANTING PLAN - 2L-620'0'50'40'60'N1" = 20'8.2.dPacket Pg. 195
Project Status Report CITY OF DIAMOND BAR
December 10, 2019 COMMUNITY DEVELOPMENT DEPARTMENT
LEGEND PH = PUBLIC HEARING
X = NON PUBLIC HEARING
AP = ASSIGNED PLANNER
PC = PLANNING COMMISSION
AR = ADMINISTRATIVE REVIEW
CC = CITY COUNCIL
PROPERTY LOCATION
PLANNING COMMISSION REVIEW File # AP Applicant PC
12/10/19
CC
12/17/19
PC
12/24/19
(Canceled)
CC
1/7/20
PC
1/14/20
CC
1/21/20
2244 Indian Creek
(New single family residence)
DR/TP PL2019-42 MN Pete Volbeda PH
21130 Golden Springs Dr.
(Patio addition to existing restaurant)
VAR/MCUP PL2019-122 NTE MHD Marwan Almannini PH
750 N. Diamond Bar Blvd.
(Medical offices)
CUP PL2017-139 MN Johnney Zhang/
Howard Zelefsky
Cont. PH
237 S. Diamond Bar Blvd.
(Massage at Phenix Salon)
CUP PL2019-158 MN Anita Ortega PH
2137 Rocky View
(Addition and remodel to single family
residence)
DR PL2019-138 MN Walt Patroske PH
ADMINISTRATIVE REVIEW
Property Location AP Applicant
NONE
PENDING ITEMS
Property Location File # AP Applicant Status
800 N. Diamond Bar Blvd.
(Sign program)
CSP PL2019-164 MN Raj Panchal Incomplete letter sent 10/1/19 – waiting for additional information
900 N. Diamond Bar Blvd.
(Sign program)
CSP PL2019-165 NTE Raj Panchal Under review
1111 N. Diamond Bar Blvd.
(New Single family residence)
GPA/ZC/DR PL2015-253 GL Creative Design
Associates
Under review
2825 S. Diamond Bar Blvd.
(New gym)
CUP PL2019-103 NTE Chase Villafana Incomplete letter sent 7/1/10 – waiting for additional information
340 Fern Place
(New single family residence)
DR Pl2018-100 NTE Alan Lim Fourth incomplete letter sent 4/19/19 – waiting for additional information
20515 Flintgate DR PL2019-143 NTE Patricio Culqui Under review
10.1
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Project Status Report CITY OF DIAMOND BAR Page 2
December 10, 2019 COMMUNITY DEVELOPMENT DEPARTMENT
PENDING ITEMS (continued)
Property Location File # AP Applicant Status
20657 Golden Springs
(Sign program amendment)
CUP PL2019-172 MN Sign Express Incomplete letter sent 10/10/19 – waiting for additional Inormation
2360 Indian Creek
(Addition and remodel to single family
residence)
DR PL2019-185 MN Pete Volbeda Incomplete letter sent 11/13/19 – waiting for additional information
2432 Indian Creek
(New single family residence)
DR PL2018-226 MN Jeffrey Sun Fourth incomplete letter sent 10/17/19 – waiting for additional information
23135 Ridge Line Rd.
(New single family residence)
DR PL2018-233 MN Faiz Ennabe Incomplete letter sent 1/8/19 - waiting for additional information
2775 Shadow Canyon
(New single family residence)
DR PL2019-188 NTE Edwin Agabao Incomplete letter sent 11/14/19 - waiting for additional information
22438 Steeplechase
(Additon to single family residence)
DR PL2019-162 NTE Joan Lee Under review
1959 Viento Verano DR PL2019-179 MN Xin Wang Second incomplete letter sent 11/18/19 - waiting for additional
information
Various locations in public right-of-way
(wireless facilities)
CUP PL2017-69 MN Anthony Serpa Second incomplete letter sent 2/28/18 - waiting for additional information
10.1
Packet Pg. 197