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HomeMy WebLinkAbout09/14/2021PLANNING COMMISSION AGENDA ______________________________________________ September 14, 2021 6:30 PM Diamond Bar City Hall – Windmill Community Room 21810 Copley Drive, Diamond Bar, CA 91765 PUBLIC ADVISORY: Consistent to the Governor’s Executive Order, members of the public are encouraged to participate and address the Planning Commission during the public comment portion of the meeting via teleconference. Members of the Planning Commission and limited staff may be physically present for this meeting. If you would like to attend the meeting in person, please note that face coverings are required to be worn at all times. _______________________________________________________________________ ______________________________________________________________________ How to Observe the Meeting from Home: Members of the public can observe the meeting by calling +1 (213) 929 -4212 , Access Code: 972 -237-461 or visiting https://attendee.gotowebinar.com/register/7838411115291035406 . How to Submit Public Comment: Members of the public may provide public comment by sending written comments to the Minutes Secretary by email at Planning@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Planning Commission members and read into the record at the meeting, up to a maximum of five minutes. Public comment may be submitted by logging onto the meeting through this link: visiting https://attendee.gotowebinar.com/register/7838411115291035406 . Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. Accommodations for Persons with Disabilities: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Planning Commission Meeting, please contact the Community Development Department at (909) 839-7030 within 72 hours of the meeting. Commission recordings will be available upon request the day following the Planning Commission Meeting. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. CHAIRPERSON WILLIAM RAWLINGS VICE CHAIRPERSON MAHENDRA GARG COMMISSIONER NAILA BARLAS COMMISSIONER KENNETH MOK COMMISSIONER RAYMOND WOLFE City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT Members of the public may address the Planning Commission on any item of business on the agenda during the time the item is taken up by the Planning Commission. In addition, members of the public may, during the Public Comment period addre ss the Planning Commission on any Consent Calendar item or any matter not on the agenda and within the Planning Commission’s subject matter jurisdiction. Any material to be submitted to the Planning Commission at the meeting should be submitted through the Minutes Secretary. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. The Chairperson may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Planning Commission only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the Planning Commission. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE PLANNING COMMISSION Agendas for regular Planning Commission meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations and on the City’s website at www.diamondbarca.gov. The Planning Commission may take action on any item listed on the agenda. Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Depart ment, located at 21810 Copley Drive, and are available for public inspection upon request. If you have questions regar ding an agenda item, please call (909) 839-7030 during regular business hours. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030 Email: info@diamondbarca.gov Website: www.diamondbarca.gov The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. CITY OF DIAMOND BAR PLANNING COMMISSION September 14, 2021 AGENDA Next Resolution No. 2021-15 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Naila Barlas, Kenneth Mok, Raymond Wolfe, Vice Chairperson Mahendra Garg, Chairperson William Rawlings 2. APPROVAL OF AGENDA: Chairperson 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Planning Commission on consent calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the council. Although the Planning Commission values your comments, pursuant to the brown act, members of the Planning Commission or staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five -minute maximum time limit when addressing the Planning Commission. Please complete a speaker card and hand it to the Minutes Secretary (completion of this form is voluntary). The city will call on in person speakers first and then teleconference callers, one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing i tem or Planning Commission consideration item, you will then be called upon to speak at that point in the agenda. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Planning Commission only: 4.1 Minutes of the Planning Commission Meeting – August 24, 2021 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 - Under the authority of Diamond Bar SEPTEMBER 14, 2021 PAGE 2 PLANNING COMMISSION Municipal Code Sections 22.48, 22.56 and 22.38, the applicant, William R. Edwards, and property owner, Li Lai, are requesting Development Review approval for a 2,921 square-foot addition, exterior and interior remodel, new 996 square-foot garage, 2,040 square feet of patio/balcony areas, retaining walls and rear yard improvements to an existing 3,062 square - foot single-family residence on a 1.61 gross acre (70,131 gross square- foot) site. A Tree Permit is requested to protect seven coast live oak trees, and a Minor Conditional Use Permit is also requested to allow the continuation of an existing nonconforming structure with a 21’-11” 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: 24011 Falcons View Drive Diamond Bar, CA 91765 APPLICANT: William R. Edwards, Planning & Design 2549 East Bluff Dr, #297 Newport Beach, CA 92660 PROPERTY OWNER: Li Lai 24011 Falcons View Dr. Diamond Bar, CA 91765 ENVIRONMENAL 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 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25, based on the findings of fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Conditional Use Permit Planning Case No. PL2021-30 - Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant, Shawn Zuo, is requesting Conditional Use Permit approval to ope rate an indoor fitness studio in a 2,407 square-foot lease space located at 1139 S. Diamond Bar Boulevard, Unit F. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 1139 S. Diamond Bar Blvd., Unit F Diamond Bar, CA 91765 SEPTEMBER 14, 2021 PAGE 3 PLANNING COMMISSION APPLICANT: Shawn Zuo 716 N. Conlon Ave. West Covina, CA 91790 PROPERTY OWNER: Diamond Bar 3721 LLC 24 Prairie Grass Irvine, CA 92603 ENVIRONMENAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit Planning Case No. PL2021-30, based on the findings of fact, and subject to the conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 10. SCHEDULE OF FUTURE EVENTS: 11. ADJOURNMENT: CITY COUNCIL MEETING: Tuesday, September 21, 2021 Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive PARKS AND RECREATION MEETING: Thursday, September 23, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive PLANNING COMMISSION MEETING: Tuesday, September 28, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive CITY COUNCIL MEETING: Tuesday, October 5, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive PLANNING COMMISSION MEETING: Tuesday, October 12, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 AUGUST 24, 2021 CALL TO ORDER: Chair/Rawlings called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE: Vice Chairperson Garg led the Pledge of Allegiance. 1. ROLL CALL: Commissioners: Naila Barlas, Kenneth Mok, Raymond Wolfe, Vice Chairperson Mahendra Garg, Chairperson William Rawlings Staff Present : Greg Gubman, Community Development Director; James T. Eggart, Assistant City Attorney (telephonically); Hal Ghafari, Public Works Manager/Assistant City Engineer (telephonically); Grace Lee, Senior Planner; Mayuko (May) Nakajima, Associate Planner; Joy Tsai, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. APPROVAL OF AGENDA: As presented 3. PUBLIC COMMENTS: None 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Planning Commission Meeting of July 27, 2021. C/Wolfe moved, C/Mok seconded, to approve Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: NONE 6. NEW BUSINESS: 6.1 General Plan Conformity Finding – General Plan conformity analysis of a proposed transfer of property from the County of Los Angeles Department of Parks and Recreation and the City of Industry to the San Gabriel Valley Council of Governments for freeway improvement purposes related to the 57/60 Confluence Project. After completion of the improvements, the property will then be transferred to the California Department of Transportation. 4.1 Packet Pg. 6 ________________________________________________________________________ AUGUST 24, 2021 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ AP/Nakajima presented staff’s report. Paul Deibel (telephonically) said he was concerned about the adequacy of pedestrian and bicycle facilities (complete streets) in the design of the new Grand Avenue over the freeway from Diamond Bar to the City of Industry and Walnut and asked if adequate access would be maintained through the construction period. Dan Weddell, project consultant, responded to Mr. Deibel that along Grand Avenue, pedestrian access (eight-foot sidewalks on both sides) are being improved. On the bridge, there is space for a bike lane (six feet) that continues both north and south. The only exception is the southbound Grand Avenue to the westbound slip ramp is a dual through right with a right which will provide a small gap in the project for through bikes which would require a large amount of right-of-way from the former Burger King/Honda Dealership property. During construction, pedestrian access (north and southbound) will be available with no additional bike lanes during constru ction. C/Wolfe moved, C/Barlas seconded, to Adopt Resolution No. 2021-13, finding the proposed transfer of property from the County of Los Angeles Department of Parks and Recreation and City of Industry for freeway improvement purposes related to the 57/60 Confluence Project to be in conformance with the Diamond Bar General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7. CONTINUED PUBLIC HEARING(S): 7.1 Amendment to Conditional Use Permit - Planning Case No. PL2021-39 – Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant requested to amend a previously approved Condition al Use Permit for a music and art school to include afterschool, tutoring, music and arts programs, located at Diamond Hills Plaza. The subject property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 2751 S. Diamond Bar Boulevard Diamond Bar, CA 91765 4.1 Packet Pg. 7 ________________________________________________________________________ AUGUST 24, 2021 PAGE 3 PLANNING COMMISSION ________________________________________________________________________ APPLICANT: Lance Kim, EPLEX DB, INC. 6940 Beach Boulevard #D-212 Buena Park, CA 90621 PROPERTY OWNER: ROIC Diamond Hills Plaza, LLC 11250 El Camino Real #200 San Diego, CA 92130 AP/Tsai presented staff’s report and recommended Planning Commission approval of Conditional Use Permit Amendment Planning Case No. PL2021-39, based on the findings of fact, and subject to the conditions of approval as listed with the resolution. Chair/Rawlings opened the public hearing. With no one offering comments on this item, Chair/Rawlings closed the public hearing. C/Mok said he appreciated the applicant choosing to be a good neighbor by moving music classrooms away from the wall shared with the adjacent business, and stated that when he visited the site he observed surplus spaces and did not imagine there would be a parking problem. C/Mok moved, C/Barlas seconded, to approve Conditional Use Permit Amendment Planning Case No. PL2021-39, 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: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: C/Barlas expressed her happiness for new businesses opening in the City, said she appreciated staff’s work on Item 7.1 and agreed with C/Mok that there is sufficient parking on site. 4.1 Packet Pg. 8 ________________________________________________________________________ AUGUST 24, 2021 PAGE 4 PLANNING COMMISSION ________________________________________________________________________ 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman reminded the Commission that the next Planning Commission meeting will be held on September 14th at which time two items will be considered, one for a fitness studio at the remodeled former Big Lots building, as well as a significant remodel to an existing residence on Falcons View Drive in the Country Estates. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Rawlings adjourned the regular meeting at 7:01 p.m. The foregoing minutes are hereby approved this ____________________________, 2021. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director ______________________________ William Rawlings, Chairperson 4.1 Packet Pg. 9 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: September 14, 2021 CASE/FILE NUMBER: Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 PROJECT LOCATION: 24011 Falcons View Drive, Diamond Bar, CA 91765 (APN 8713-040-005) GENERAL PLAN DESIGNATION: Rural Residential (RR) ZONING DISTRICT: Rural Residential (RR) PROPERTY OWNER: Li Lai 24011 Falcons View Drive Diamond Bar, CA 91765 APPLICANT: William R. Edwards 2549 East Bluff Dr, #297 Newport Beach, CA 92660 SUMMARY: The applicant is requesting approval of a Development Review (DR) application for a 2,921 square-foot addition, exterior and interior remodel, new 996 square-foot garage, 2,040 square feet of patio/balcony areas, retaining walls and rear yard improvements to an existing 3,062 square-foot single-family residence on a 1.61 gross acre parcel. A Tree Permit (TP) is requested to protect seven coast live oak trees, and a Minor Conditional Use Permit (MCUP) is also requested to allow the continuation of an existing nonconforming structure with a 21’-11” front setback (where 30 feet is required). RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving Development Review, Tree Permit and Minor Conditional Use Permit No. PL2020-25, based on the findings of CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 10 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 Page 2 of 12 Site (Plan View) Aerial Diamond Bar Municipal Code (DBMC) Sections 22.48, 22.56 and 22.38, subject to conditions. BACKGROUND: The project site is located in the Diamond Bar Country Estates (The Country), on the west side of Falcons View Drive, south of Indian Creek Road. The property was developed in 1977 under Los Angeles County standards with a 3,062 square-foot single-family residence and garage. There are seven coast live oak trees on the property, which are all classified as protected trees. The proposed project was approved by the Diamond Bar Country Estates Architectural Committee on September 19, 2019. The property is legally described as Lot 31 of Tract No. 30577, and the Assessor’s Parcel Number (APN) is 8713-040-005. Site and Surrounding General Plan, Zoning and Land Uses The image below highlights the subject property: 7.1 Packet Pg. 11 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 Page 3 of 12 Existing Residence Adjacent Property to the South Adjacent Property to the North 7.1 Packet Pg. 12 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 Page 4 of 12 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 Undeveloped Project Description Site Plan As stated, the property’s gross lot area is 1.61 acres (70,131 square feet), which includes a 30-foot wide private street easement along its frontage for Falcons View Drive. The property is a rectangular-shaped lot with a net buildable area (i.e., minus the private street easement and flood hazard area) of 1.17 acres. The property is a hillside property with a descending slope at 25 percent that starts from the private street easement to the rear property line. The proposed house is situated toward the front of the lot, 21’-11” from the edge of the private street easement line on Falcons View Drive. The front elevation faces Falcons View Drive. A circular driveway is proposed at the front of the property to provide access to a five-car garage. The existing rear deck (labeled terrace) will be renovated and 2,040 square feet of balcony/porch/patio areas are proposed throughout the residence. A sport court and fountain are also proposed in the rear and side yards. There is an existing detached accessory building (labeled studio) that will be demolished. There are seven protected trees on the property. All seven trees will be preserved in place, as further discussed under the “Tree Permit” section below. Grading Plan The applicant is proposing to cut 356 cubic yards of soil and fill 1,358 cubic yards of soil throughout the property to expand the existing building pad. Therefore, 1,002 cubic yards would have to be imported to the site. 7.1 Packet Pg. 13 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 Page 5 of 12 The applicant is proposing five, four-foot high, tiered retaining walls at the rear of the garage and one retaining wall at the rear of the renovated deck to support fills below the natural grade to expand the buildable pad for the house. Additionally, three, four-foot high, tiered retaining walls are proposed adjacent to the sport court to support fills below the natural grade. All exposed portions of the proposed retaining walls will have a decorative finish, painted stucco to match the house. Architecture The exterior of the residence will be completely remodeled. The architectural style is Mediterranean with eclectic details, and will include elements such as clay “S”-shaped roof tiles on a hipped roof, earth-toned smooth stucco, precast concrete stone trim, precast concrete stone tiles in a running bond pattern at the front elevation, and bronze finished wrought iron railings. Additionally, the design includes a front porch and balcony/patio areas. Balconies with glass railing are proposed throughout the first and second levels of the house. The proposed two-level house’s floor plan is comprised of the following components: • First Floor – Garage, common areas (foyer, family room, living room, kitchen with wok and nook, dining room), den, theater/library, office, play room, two powder rooms, dressing room, guest bedroom with a bathroom and walk-in closet. • Second Floor – Gathering room, hobby/craft room, laundry room, sauna, master suite with a bathroom, study and walk-in closet, four bedrooms each with its own bathroom, den, and a laundry room. • A front porch, patio and balcony areas totaling 2,040 square feet are proposed throughout the two levels of the residence. • An elevator providing access to both levels. The floor area distribution is summarized on the following page: Front Elevation 7.1 Packet Pg. 14 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 Page 6 of 12 PROJECT SUMMARY (square footage) Living Area o Existing o Demo o First Floor (Addition) o Second Floor (Addition) o Detached Studio (Demo) 3,062 -410 1,204 1,717 -287 5,286 Non-Livable Area o Garage (Existing) 580 o Garage (Demo) -580 o Garage (New) 996 o Entry Portico 34 o Lanai 164 o Loggia 693 o Second Floor Balconies 1,149 3,036 TOTAL FLOOR AREA 8,322 The height of the building is 28’-8”, measured from the finished grade to the highest point of the roofline. Landscape Plan The applicant is proposing a variety of trees to be planted throughout the property, including twenty-three 24-inch box weeping pittosporum trees, nine 24-inch box coast live oak trees, six 24-inch box Western Australian peppermint trees and two 24-inch box crape myrtle trees in the front, side and rear yards. Several existing trees will remain on the property: seven protected coast live oak trees, one eucalyptus tree and one palm tree. Eight eucalyptus trees and four palm trees will be removed due to their proximity to construction. The Tree Permit section below provides further analysis on the protection of the coast live oak trees. 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 “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. ANALYSIS: Review Authority 7.1 Packet Pg. 15 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 Page 7 of 12 The proposed project requires Planning Commission review and approval of three entitlement applications: Development Review (DR), Tree Permit (TP) and a Minor Conditional Use Permit (MCUP). The analysis that follows provides the basis for staff’s recommendation to approve the DR, TP and MCUP applications. Development Review (DBMC Chapter 22.48) Additions which are equal to or greater than 50 percent of the existing habitable floor area of all existing structures on site, or substantially change the appearance of an existing residence require Planning Commission approval of a DR application. Development Review approval is required to ensure compliance with the City’s General Plan policies 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 Existing Proposed Meets Requirements Front Setback 30 feet 21’-11” 21’-11” No* Side Setbacks 15 feet on one side, 10 feet on the other 32.9’ – south side 7.3’ – north side 10 – south side 15 feet – north side Yes Side Yard Minimum Between Adjoining Structures 25 feet 87’-11” – south side 37’-8” – north side 87’-11” – south side 37’-8” – north side Yes Rear Setback 25 feet from edge of descending slope 0 feet Varies from 25’ – 127’-3” Yes Lot Coverage Maximum of 30% 5.25% 7.07% Yes Max. Building Height 35 feet 25’-8” 28’-8” Yes Parking 2-car garage 2 5 Yes Retaining Wall Height 4-foot exposed (supporting fill) None 4-foot exposed (supporting fill) Yes *Minor Conditional Use Permit is requested to allow the continuation of a nonconforming structure because the addition is greater than 50 percent of the existing home and not limited to the ground floor. See MCUP discussion below. 7.1 Packet Pg. 16 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 Page 8 of 12 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; or • A stand of trees, the nature of which makes each tree dependent upon the others for survival. There are seven protected coast live oak trees in good health, located on the descending slope at the west side of the property (near the proposed sport court). The applicant is proposing to retain all existing protected trees. A retaining wall encroaches into the tree protection zone of Tree #4. Due to construction being in close proximity and into the tree protection zone of Tree #4, staff is requiring a Tree Permit to prevent possible negative impacts to the trees during construction activities. The applicant submitted an arborist report prepared by a licensed arborist dated May 8, 20 20. The report outlines specific conditions to protect the trees during construction. For work 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 hig h 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. These protective measures are included as conditions in the attached re solution. 7.1 Packet Pg. 17 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 Page 9 of 12 Minor Conditional Use Permit An MCUP is required if a change or expansion of a nonconforming structure is greater than 50 percent of the existing square footage of all structures on site, or if the addition is not limited to the ground floor. Current development standards require a minimum front setback of 30 feet from the house to the private street easement. The existing residence has a nonconforming front setback of 21’-11” to the private street easement. The proposed addition is located at the front, rear and side of the house and does not further encroach into the front setback. The City recognizes that homeowners should be allowed to make appropriate improvements to their properties, and reasonable accommodations should be made to permit additions and alterations to nonconforming structures. The MCUP process is the tool used to consider such accommodations, subject to the findings set forth in the Development Code. MCUPs are normally subject to approval of the City’s Hearing Offic er (typically the Community Development Director). However, because this MCUP is being reviewed as part of a DR application, both land use entitlements are subject to review and approval of the Planning Commission. Location of Existing Protected Trees To Be Protected 7.1 Packet Pg. 18 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 Page 10 of 12 Staff believes that approving the MCUP as described above is appropriate and compatible with other residences in the neighborhood, based on the following facts and observations: • The existing dwelling was built in 1977, prior to the incorporation of the City of Diamond Bar; • The proposed addition complies with the required rear and side setbacks and distances to the adjacent properties, and does not further encroach into the existing nonconforming 21’-11” front setback; and • Neighboring properties have nonconforming front setbacks, so the proposed project will remain consistent with other homes within the neighborhood. 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: • The maximum building height is 28’-8”, where 35 feet is allowed; • Architectural treatment is provided on all sides of the building with varying setbacks; • All proposed retaining walls associated with the building pads are at a maximum exposed height of four feet; 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 that development will complement the character and topography of hillside areas set fo rth in the Development Code. Compatibility with Neighborhood The house is located on an existing leveled pad but will be extended for a larger building footprint and rear yard improvements. The addition will not be intrusive to neighboring homes since the house will not block existing views from adjacent properties. The property to the north will continue to have views from the rear yard. The property to the south is at a slightly lower grade and will continue to have views to the west. The proposed house is comparable in mass and scale to existing homes on similar lots in The Country. The architecture in The Country is eclectic, and includes a variety of architectural designs. The scale and proportions of the proposed home are well balanced and appropriate for the site. In sum, the proposed project fits the character of 7.1 Packet Pg. 19 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 Page 11 of 12 the neighborhood on which it is proposed. The project incorporates the principles of the City’s Residential Design Guidelines as follows: • The addition will conform to all development standards, including building height, lot coverage and setbacks (with the exception of the existing nonconforming front setback of 21’-11”), 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, landscaping, and window and door placement; • The 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. NOTICE OF PUBLIC HEARING: On September 1, 2021, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site. On September 3, 2021, the notice was published in the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's designated community posting sites. Public Comments Received No comments have been received as of the publication date of this report. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: 7.1 Packet Pg. 20 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 Page 12 of 12 REVIEWED BY: Attachments: A. Draft Resolution No. 2021-XX, Standard Conditions of Approval B. Color and Material Board C. Site Plan, Floor Plan, Elevation, Roof Plan, Conceptual Landscape Plan, Conceptual Grading Plan D. Arborist Report Dated May 8, 2020 7.1 Packet Pg. 21 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2020-25 TO CONSTRUCT A 2,921 SQUARE-FOOT ADDITION, EXTERIOR AND INTERIOR REMODEL, NEW 996 SQUARE-FOOT GARAGE, 2,040 SQUARE FEET OF PATIO/BALCONY AREAS, RETAINING WALLS AND REAR YARD IMPROVEMENTS TO AN EXISTING 3,062 SQUARE-FOOT SINGLE-FAMILY RESIDENCE ON A 1.61-GROSS ACRE LOT, LOCATED AT 24011 FALCONS VIEW DRIVE, DIAMOND BAR, CA 91765 (APN 8713-040-005). A TREE PERMIT IS REQUESTED TO PROTECT SEVEN COAST LIVE OAK TREES AND A MINOR CONDITIONAL USE PERMIT IS REQUESTED TO ALLOW THE CONTINUATION OF AN EXISTING NONCONFORMING STRUCTURE WITH A 21’-11” FRONT SETBACK (WHERE 30 FEET IS REQUIRED). A. RECITALS 1. The property owner, Li Lai and applicant, William R. Edwards, have filed an application for Development Review, Tree Permit and Minor Conditional Use Permit No. PL2020-25 to construct a 2,921 square-foot addition, exterior and interior remodel, new 996 square-foot garage, 2,040 square feet of patio/balcony areas, retaining walls and rear yard improvements to an existing 3,062 square-foot single-family residence on located at 24011 Falcons View Drive, Diamond Bar, County of Los Angeles, California. 2. The following approvals are requested from the Planning Commission: (a) Development Review to construct a 2,921 square-foot addition, exterior and interior remodel, new 996 square-foot garage, 2,040 square feet of patio/balcony areas, retaining walls and rear yard improvements . (b) Tree Permit to protect seven coast live oak trees. (c) Minor Conditional Use Permit to allow a second story addition that is greater than 50 percent of the existing square footage of all structures on site, to a nonconforming structure with a preexisting nonconforming 21’-11” front setback (where 30 feet is required). Hereinafter in this Resolution, the subject Development Review, Tree Permit and Minor Conditional Use Permit shall be referred to as the "Proposed Project." 3. The subject property is made up of one parcel totaling 70,131 gross square feet (1.61 gross acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 4. The legal description of the subject property is Lot 31 of Tract No. 30577, and the Assessor’s Parcel Number (APN) is 8713-040-005. 7.1.a Packet Pg. 22 2 PC RESOLUTION NO. 2021-XX 5. On September 1, 2021, public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site. On September 3, 2021, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. Also, public notices were posted at the project site and the City’s designated community posting sites. 6. On September 14, 2021, 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 15301(e) (additions to existing 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) Sections 22.48, 22.56, 22.68, 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 of the Project is consistent with the applicable elements of the City’s General Plan, City Design Guidelines and development standards. The City’s General Plan Policy LU-P-56 requires that development on privately- owned, residentially designated land in hillside areas shall be compatible with the surrounding natural areas promoting design principles such as minimizing grading, preserving existing vistas, incorporate site and architectural design that is sensitive to the hillsides, and require fuel modification. A Mediterranean design with eclectic details is being proposed with clay “S”-shaped roof tiles on a hipped roof, precast concrete stone trim and precast concrete stone tiles in a running bond pattern at the front elevation, and earth-toned shades for the 7.1.a Packet Pg. 23 3 PC RESOLUTION NO. 2021-XX exterior finish as not to detract from the hillsides. The Project will also be required to implement fuel modification. A gradual transition between the project and adjacent uses is achieved through appropriate setbacks, building height, and window and door placement. Additionally, the design includes a front porch and balcony/patio areas throughout the two levels of the home. All elevations are architecturally treated and strongly articulated along the visible façade [City’s Design Guidelines B. Architecture (3)]. The Project complies with all development standards of the Rural Residential zoning district by complying with all development standards such as required setbacks (with the exception of the existing nonconforming fro nt setback of 21’-11”), building height, and lot coverage. 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 developments, and will not create traffic or pedestrian hazards; The proposed addition 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 proposed addition 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; The City’s General Plan Policy LU-P-56 requires that residential development be compatible with the prevailing character of the surrounding neighborhood in terms of building scale, density, massing, and design. The City’s General Plan Goal CC-G-4 also requires the preservation of the scale and character of existing residential neighborhoods and ensure sensitive transitions between densities and uses. The City’s Design Guidelines Architecture (1) requires compatibility with the surrounding character including harmonious building style, form, size, color, material and roofline. The scale and proportions of the proposed addition are well balanced and appropriate for the 1.61 gross-acre site. The Mediterranean architectural style is compatible with other homes in the neighborhood since the architecture in 7.1.a Packet Pg. 24 4 PC RESOLUTION NO. 2021-XX The Country is eclectic, and includes a variety of architectural designs. The Project minimizes negative impacts on surrounding uses since the house will not block existing views from adjacent properties. In sum, the Project fits the character of the neighborhood on which it is proposed. 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 applicant is proposing to change the architectural style from Ranch to a Mediterranean design with eclectic details. The Mediterranean architectural style includes architectural elements such as a hipped roofs, earth-toned smooth stucco, precast concrete stone trim, precast concrete stone tiles in a running bond pattern at the front elevation, and bronze finished wrought iron railings. The proposed addition will not be intrusive to neighboring homes. Light colored 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 of 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). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303(e) (additions to existing structures) of the CEQA Guidelines. 7.1.a Packet Pg. 25 5 PC RESOLUTION NO. 2021-XX Minor Conditional Use Permit Findings (DBMC Section 22.56.040) 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. The existing single-family dwelling is a permitted use in the RR zone. A Minor Conditional Use Permit (MCUP) is requested to allow a second story addition that is greater than 50 percent of the existing square footage of all structures on site, to a nonconforming structure with a preexisting nonconforming 21’-11” front setback (where 30 feet is required). The preexisting substandard front setback renders the project nonconforming. The addition of a nonconforming structure requires approval of a Minor Conditional Use Permit because the addition is located above the first floor and is greater than 50 percent of the existing square footage of all structures on site. The proposed addition consisting of 2,921 square feet of living area, 996 square-foot garage addition, and 2,040 square feet of patio/balcony areas complies with the development standards of the RR zone and will not further encroach into the nonconforming front setback. 2. The proposed use is consistent with the general plan and any applicable specific plan. The proposed addition to an existing single-family dwelling unit is consistent with the City’s adopted General Plan. The 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 existing single-family dwelling and the proposed addition consisting of 2,921 square feet of living area, 996 square-foot garage addition, and 2,040 square feet of patio/balcony areas will not further encroach into the existing nonconforming 21’-11” front setback. The proposed two-story addition is located at front, rear and side of the house. The design of the existing single- family dwelling and the proposed addition are compatible with the character of the existing homes in the neighborhood because the architecture in The Country is eclectic and includes a variety of architectural designs. Therefore, the addition will not negatively impact the look and character of the neighborhood. 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 subject site is physically suitable for the existing single-family residential dwelling and the proposed addition. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition is consistent 7.1.a Packet Pg. 26 6 PC RESOLUTION NO. 2021-XX with the development standards for the RR zone and will not further encroach into the existing nonconforming front setback. 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. The granting of the Minor Conditional Use Permit will allow the addition of the existing single-family dwelling unit in a manner similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety, convenience or welfare. 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 (e) (additions to existing structure) of the CEQA Guidelines. Non-Conforming Structures Findings (DBMC Section 22.68.030) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 1. Incompatible with other structures in the neighborhood. The proposed two-story addition of floor area is consistent with the development standards for the RR zone. The existing single -family dwelling and the proposed addition consisting of a 2,921 square-foot addition, new 996 square-foot garage, and 2,040 square feet of patio/balcony areas will comply with current development standards and not further encroach into the existing nonconforming front setback. The proposed project is located at the front, rear and side of the existing home. The existing and proposed land use is consistent with the surrounding land uses and structures in the neighborhood. Additionally, the neighboring properties also have nonconforming front setbacks, so the proposed project will remain consistent with other homes within the neighborhood. 2. Inconsistent with the general plan or any applicable specific plan. The proposed addition to a single-family dwelling unit is consistent with the City’s adopted General Plan. The site is not subject to the provisions of any specific plan. 3. A restriction to the eventual/future compliance with the applicable regulations of this Development Code. 7.1.a Packet Pg. 27 7 PC RESOLUTION NO. 2021-XX The existing and proposed land use is consistent with the surrounding land uses with similar front setbacks. The proposed addition of floor area is consistent with the development standards for the RR zone and will not encroach into the existing nonconforming front setback. 4. Detrimental to the health, safety and general welfare of persons residing in the neighborhood. 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/Engineering Departments requirements. Through the permit and inspection process, the referenced ag encies 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. 5. Detrimental and/or injurious to property and improvements in the neighborhood. The addition to the existing single-family dwelling unit will be constructed in a manner similar with existing dwelling units located in the surrounding community and will not be detrimental and/or injurious to property and improvements in the neighborhood. Tree Permit Finding (DBMC Section 22.38.110) 1. The tree is a public nuisance by causing damage to improvements (e.g., building foundations, retaining walls, roadways/driveways, patios, and decks) and appropriate mitigation measures will be implemented in compliance with DBMC Section 22.38.140 (Tree protection requirements) below. The applicant submitted a tree assessment report, prepared by a licensed arborist dated May 8, 2020, which indicates seven protected coast live oak trees in good health are located on the descending slope at the west side of the property. A retaining wall encroaches into the tree protection zone of Tree #4. Due to construction being in close proximity and into the tree protection zone of Tree #4, a tree permit is required to prevent possible negative impacts to the trees during construction activities. The report outlines specific protective measures to protect this tree during construction, and are included as conditions as approval. 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. 7.1.a Packet Pg. 28 8 PC RESOLUTION NO. 2021-XX 2. 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. 3. Prior to building permit issuance, a Certification of Design, together with landscape and irrigation plans prepared by a licensed landscape arch itect, 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. 4. Prior to the issuance of a demolition, 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. 5. All work conducted close to the protected zone of the protected oak 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. 6. 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. 7. Sport court lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with DBMC Section 22.16.050 (Exterior Lighting). 8. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 7.1.a Packet Pg. 29 9 PC RESOLUTION NO. 2021-XX 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, Li Lai, 24011 Falcons View Dr, Diamond Bar, CA 91765 and applicant, William R. Edwards, Planning & Design, 2549 East Bluff Dr, #297, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER 2021, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ William Rawlings, 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 14th day of September 2021, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ______________________________________ Greg Gubman, Secretary 7.1.a Packet Pg. 30 10 PC RESOLUTION NO. 2021-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 SUBJECT: To construct a 2,921 square-foot addition, exterior and interior remodel, new 996 square-foot garage, 2,040 square feet of patio/balcony areas, retaining walls and rear yard improvements to an existing 3,062 square-foot single-family residence on a 1.61- acre parcel. A Tree Permit is requested to protect seven coast live oak trees. A Minor Conditional Use Permit is also requested to allow the continuation of an existing nonconforming structure with a 21’-11” front setback (where 30 feet is required). PROPERTY OWNER: Li Lai, 24011 Falcons View Dr, Diamond Bar, CA 91765 APPLICANT: William R. Edwards, Planning & Design, 2549 East Bluff Dr, #297, Newport Beach, CA 92660 LOCATION: 24011 Falcons View Drive, 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, Tree Permit and Minor Conditional Use Permit No. PL2020-25 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 7.1.a Packet Pg. 31 11 PC RESOLUTION NO. 2021-XX (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review, Tree Permit and Minor Conditional Use Permit No. PL2020-25, 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. 2021-XX, Standard Conditions, and all conditions of approval 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 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. 7.1.a Packet Pg. 32 12 PC RESOLUTION NO. 2021-XX 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 Saturdays, 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. C. TIME LIMITS 1. The approval of Development Review, Tree Permit and Minor Conditional Use Permit No. PL2020-25 expires within two years from the date of approval if the use has not been exercised as def ined 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. 7.1.a Packet Pg. 33 13 PC RESOLUTION NO. 2021-XX D. SITE DEVELOPMENT 1. This approval is to construct a 2,921 square-foot addition, exterior and interior remodel, new 996 square-foot garage, 2,040 square feet of patio/balcony areas, retaining walls and rear yard improvements to an existing 3,062 square-foot single-family residence at 24011 Falcons View Drive, 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 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 Plan ning Division, the conditions contained herein, and the Development Code regulations. 7.1.a Packet Pg. 34 14 PC RESOLUTION NO. 2021-XX 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 of 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 with 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. 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. F. FIRE PROTECTION STANDARDS 1. Development shall be constructed to reduce the potential for spread of brushfire. (i) In the case of a conflict, where more restrictive provisions are contained in the current State and Local Building Code or in the Fire Code, the more restrictive provisions shall prevail. (ii) 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. 7.1.a Packet Pg. 35 15 PC RESOLUTION NO. 2021-XX (iii) Exterior walls shall be surfaced with noncombustible or fire-resistant materials. (iv) 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. 2. 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 the fire marshal. II. 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 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. Per NPDES Permit (CAS004001) for MS4 Discharges within the Coastal Watershed of Los Angeles County (Order No. R4-2012-0175), 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. These mitigation measures shall be included with the submitted grading plans and implemented during construction. 3. 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 7.1.a Packet Pg. 36 16 PC RESOLUTION NO. 2021-XX 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. Prior to grading plan submittal, 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. 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. 3. Finished slopes shall conform to City Code Section 22.22.080-Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. 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. 6. 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. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas 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. 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. 7.1.a Packet Pg. 37 17 PC RESOLUTION NO. 2021-XX 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. 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. 12. Rough grade certifications by project soils and civil engineers and the as - graded geotechnical report shall be submitted for review and ap proval prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13. 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. Conceptual drainage system is subject to change. 2. 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. 3. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. SEWERS/SEPTIC TANK 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 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 Safe ty Division for review and approval by the City. 7.1.a Packet Pg. 38 18 PC RESOLUTION NO. 2021-XX 4. SEPTIC TANK: 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 (i.e., 2019 California Building Code series will apply) 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. 4. Due to the extent of work proposed, this project is considered a new single - family dwelling as outlined in DBMC 15.00.3220(2). Plan Check – Items to be addressed prior to plan approval: 5. 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. 6. 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 119 and 150(k). 7. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(o). 8. 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. 9. “Separate permits are required for pool, spa, fountains, retaining walls, sport court, game court, pool and spa, and fire table” and shall be noted on plans. 7.1.a Packet Pg. 39 19 PC RESOLUTION NO. 2021-XX 10. All balconies shall be designed for 1.5 times the live load for the area ser ved per CBC Table 1607.1 and provide ventilation in the joist space per CBC 2304.12.2.6. 11. All easements shall be shown on the site plan. 12. 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 t o home being over 3600 sf as required per CFC Appendix B105.1. 13. All retaining walls shall be separately submitted to the Building and Safety and Public Works/Engineering Departments for review and approval. 14. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 15. 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. 16. Light and ventilation shall comply with CBC 1203 and 1205. 17. Design for future electric vehicle charging shall be provided consistent with CAL Green 4.106.4. 18. New single-family dwellings shall have solar panels installed in conformance with CA Energy Code 150.1(c)14. Permit – Items required prior to building permit issuance: 19. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 7.1.a Packet Pg. 40 20 PC RESOLUTION NO. 2021-XX The contractor shall complete all required forms and pay applicable deposits prior to permit. 20. 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. 21. 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. 22. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. Approval from the Water Board is required prior to permit issuance. 23. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 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 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. 7.1.a Packet Pg. 41 21 PC RESOLUTION NO. 2021-XX 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 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. 34. 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. 35. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 36. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 37. 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. 38. 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. 39. Bodies of water that are greater than 18” in depth shall have the required barriers to prevent unintentional access per CBC 3904.4. 40. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 41. Glass railing shall be supported on all four sides unless approved otherwise through plan check. 7.1.a Packet Pg. 42 22 PC RESOLUTION NO. 2021-XX IV. COUNTY OF LOS ANGELES FIRE DEPARTMENT (909) 620-2402: 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. 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 o n applicable building and fire codes and a fire hazard analysis study developed by the 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 ex ists to correct the prohibited condition. If the owner fails to correct the condition, 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 7.1.a Packet Pg. 43 7.1.bPacket Pg. 44 7.1.c Packet Pg. 45 7.1.c Packet Pg. 46 7.1.c Packet Pg. 47 7.1.c Packet Pg. 48 7.1.c Packet Pg. 49 7.1.c Packet Pg. 50 7.1.c Packet Pg. 51 7.1.c Packet Pg. 52 7.1.c Packet Pg. 53 7.1.c Packet Pg. 54 7.1.c Packet Pg. 55 OAK TREE #1OAK TREE #2OAK TREE #3OAK TREE #5OAK TREE #6OAK TREE #7OAK TREE #4EUC. TREE #2(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(REMOVE EX.)EUC. TREE #3(REMOVE EX.)EUC. TREE #4(REMOVE EX.)EUC. TREE #5(REMOVE EX.)EUC. TREE #6(REMOVE EX.)EUC. TREE #2(REMOVE EX.)EUC. TREE #2 (REMOVE EX.)EUC. TREE #1(REMOVE EX.)EUC. TREE #9(OFF-SITE EX. PROTECT)(EX. PROTECT)WALNUT TREES(OFF-SITE NOT A PART)GARAGEFS=1121.001st FF=1121.20EX FF=(1121.20)1st FF=1121.20PAD=1120.70FS 1072.70± FS 1074.70± FS 1072.00±(N)GARAGEFS=1121.001st FF=1121.20EX FF=(1121.20)(E)2-STORY HOUSE1st FF=1121.20EX FF=(1121.20)(N)2-STORY HOUSE(E) STUDIOFF=(1120.72)GAMECOURTDECKFF=1121± GRADING & DRAINAGE PLANSECTION CUT A-A'APLPROP. GRADEEX. GRADECONSTRUCTION NOTESTYP.DOWNSPOUT ROUTING-SECTIONGARDEN RET'G WALLCCASTAIRWAYABBDDSECTION CUT B-B'PLFLPLPLEX. BLK WALLGARDEN FOUNTAINTRASH6'H BLK WALLWALKEX. GRADE V-DITCH DETAIL V-GUTTER BEHIND WALL DETAILE EFALCONS VIEW DRIVE CUTFLFLPROP. GRADEEX. GRADESCALE: 1"=10'DRAIN PIPEDRAIN PIPEDRAIN PIPE•GARDEN RET'G WALLEX. BLK WALLFLLOT 31 TRACT NO. 30577, AS PER RECORD IN BOOK 798 PAGE51-75 MAPS, IN THE OFFICE OF L.A. COUNTY.GRADING & DRAINAGE PLAN"NO DUMPING" STENCILING 7.1.cPacket Pg. 56 OAK TREE #1OAK TREE #2 OAK TREE #3 OAK TREE #5 OAK TREE #6 OAK TREE #7 OAK TREE #4 EUC. TREE #2(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(REMOVE EX.)EUC. TREE #3 (REMOVE EX.)EUC. TREE #4 (REMOVE EX.)EUC. TREE #5(REMOVE EX.)EUC. TREE #6 (REMOVE EX.)EUC. TREE #2 (REMOVE EX.) EUC. TREE #2 (REMOVE EX.)EUC. TREE #1(REMOVE EX.)EUC. TREE #9(OFF-SITE EX. PROTECT)(EX. PROTECT)WALNUT TREE(EX. PROTECT)GARAGEFS=1121.001st FF=1121.20EX FF=(1121.20)1st FF=1121.20PAD=1120.70FS 1072.70±FS 1074.70±FS 1072.00±LEGENDEROSION CONTROL NOTES:BB TYPICAL SECTION - SANDBAG BBLEGENDEROSION CONTROL NOTES:BB TYPICAL SECTION - SANDBAG TYPICAL TEMPORARY DESILTATION SANDBAG-SE 8BBSCALE: 1"=20' EROSION CONTROL PLANEROSION CONTROL PLANMITIGATION MEASURESSTORM DRAIN SYSTEM STENCILING AND SIGNAGELOT 31 TRACT NO. 30577, AS PER RECORD IN BOOK 798 PAGE51-75 MAPS, IN THE OFFICE OF L.A. COUNTY.7.1.cPacket Pg. 57 OAK TREE #1OAK TREE #2OAK TREE #3OAK TREE #5OAK TREE #6 OAK TREE #7 OAK TREE #4EUC. TREE #2 (EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(REMOVE EX.)EUC. TREE #3(REMOVE EX.)EUC. TREE #4(REMOVE EX.)EUC. TREE #5 (REMOVE EX.)EUC. TREE #6 (REMOVE EX.)EUC. TREE #2(REMOVE EX.) EUC. TREE #2 (REMOVE EX.)EUC. TREE #1 (REMOVE EX.)EUC. TREE #9(OFF-SITE EX. PROTECT)(EX. PROTECT)WALNUT TREES(OFF-SITE N OT A PART)GARAGEFS=1121.001st FF=1121.20EX FF=(1121.20)1st FF=1121.20PAD=1120.70FS 1072.70±FS 1074.70±FS 1072.00±1st FF=1121.20EX FF=(1121.20)GARAGEFS=1121.001st FLRFF=1121.20GAMECOURTSPORT COURTFS=1172.00 ±DRAINAGE PLAN & SECTIONPROP. GRADEDSECTION CUT D-D'2:1 MAXGROUTED RIP-RAPNOTES:APPLICATION CHART* CATCH BASIN & INSERTRIP-RAP NOTES:V-DITCHSETBACKFLCOMPACTED FILLCSECTION CUT C-C'ABJOINV-DITCH4'H RET'G WALL WALKWAYPCCRET'G WALL(E)RET'G WALL(PLANTER)(4'H MAX)SPORT COURTV-DITCHDECK5% CLPLFLCLPLFLFLDWYPROP. GRADEEX. GRADEOVERALL SITE VIEWSCALE: 1"=20'2:1MAXGUARD RAILCCAABBDDE EPROP. GRADERET'G WALL(PLANTER)(4'H MAX)RET'G WALLRET'G WALL4'H RET'G WALL4'H RET'G WALLCAISSON PIPECONSTRUCTION NOTESTRENCH DRAINDRAINAGE PLAN & SECTIONEX. GUARD RAILGUARD RAILGRASS(TYP)FALCONS VIEW DRIVEFALCONS VIEW DRIVEEX. GRADESECTION CUT E-E'ELOT 31 TRACT NO. 30577, AS PER RECORD IN BOOK 798 PAGE51-75 MAPS, IN THE OFFICE OF L.A. COUNTY.FLEX. GRADEPROP. GRADERET'G BLK WALLV-DITCHV-DITCHCOMPACTED FILLGUARD RAILPROP. GRADERIPRAP PADBENCHEX. GRADE5' OVEREXCAVATION2' OVEREXCAVATIONRET'G BLK WALLV-GUTTERC.B.(OUTLET)RET'G WALLFENCING-10'MAXGUARD RAILFENCING-10'MAXFENCING-10'MAX18'H CAISSON @ 9' O.C. (CONCRETE SLAB ON GRADE)RET'G WALL(PLANTER)RET'G WALL(STRUCTURE)5' OVEREXCAVATIONRET'G WALL(PLANTER)2:1 MAXRET'G WALL SETBACK7.1.cPacket Pg. 58 ( SEPARATE PERMIT REQUIRED)TYPICAL RETAINING WALL/ GUTTERPROJECT SITETYPICAL FILL SLOPECOUNTRY CLUBGRAND AVEGRAND AVECHINO HILLS PKWYGRAND AVECHINO AVEDIAMOND BA R B L V D LOT 31 TRACT NO. 30577, AS PER RECORD IN BOOK 798 PAGE51-75 MAPS, IN THE OFFICE OF L.A. COUNTY.CONSTRUCTION NOTESTITLE SHEETQUANTITIESGRADING & DRAINAGE PLANNTS7.1.cPacket Pg. 59 OAK TREE #1OAK TREE #2OAK TREE #3 OAK TREE #5OAK TREE #6 OAK TREE #7OAK TREE #4EUC. TREE #2 (EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(EX. PROTECT)(REMOVE EX.)EUC. TREE #3(REMOVE EX.)EUC. TREE #4(REMOVE EX.)EUC. TREE #5 (REMOVE EX.)EUC. TREE #6(REMOVE EX.)EUC. TREE #2(REMOVE EX.) EUC. TREE #2 (REMOVE EX.)EUC. TREE #1(REMOVE EX.)EUC. TREE #9(OFF-SITE EX. PROTECT)(EX. PROTECT)WALNUT TREES(OFF-SITE N OT A PART)7.1.cPacket Pg. 60 7.1.c Packet Pg. 61 7.1.c Packet Pg. 62 7.1.c Packet Pg. 63 7.1.c Packet Pg. 64 7.1.c Packet Pg. 65 7.1.c Packet Pg. 66 7.1.c Packet Pg. 67 7.1.c Packet Pg. 68 7.1.c Packet Pg. 69 SHEET INDEX GENERAL DIMENSIONS STRUCTURAL GENERAL NOTES FOUNDATION CONCRETE REINFORCING STEEL SPECIAL INSPECTION PROGRAM AND STRUCTURAL TEST STRUCTURAL OBSERVATION CONCRETE MASONRY AQX ENGINEERING INC.1520 Brookhollow, Suite #45Santa Ana, CA 92705Off. (714) 662-0510FAX. (714) 662-1050WWW.AQXENG.COMSWN1 GENERAL NOTES 7.1.c Packet Pg. 70 FS 1072.70±FS 1074.70±FS 1072.00±1 2 3 4 5 6 7 8 9 10 20 30 40 50 60 70 80 15 1.5 9.5 9" CONC. SLAB W/ #4 @ 12" O.C., EA. WAY AT TOP & BOTTOM FOUNDATION FOR UPPER WALL FOUNDATION FOR LOWER WALL 24" Ø CAISSON @ 8'-0" O.C. TOTAL: 10 LOCATIONS GARAGE FS=1121.00 1st FF=1121.20 EX FF=(1121.20) 1st FF=1121.20 PAD=1120.70FF=(1120.72)FS 1072.70±FS 1074.70±FS 1072.00±1 2 3 4 5 6 7 8 9 10 20 30 40 50 60 70 80 15 1.5 9.5 B- SITE WALL PLAN AQX ENGINEERING INC.1520 Brookhollow, Suite #45Santa Ana, CA 92705Off. (714) 662-0510FAX. (714) 662-1050WWW.AQXENG.COMSW1 SITE WALL PLAN KEY PLAN THE AREA OF NEW WORK 7.1.c Packet Pg. 71 TYP. REINFORCING BENDS TYPICAL REINFORCEMENT DETAILS 2 4 10 19 18 12 15 16 RETAINING WALL WITH CAISSON-01DRAIN DETAIL 20 11 14 13 RETAINING WALL WITH CAISSON-02 RETAINING WALL RETAINING WALL AT 3' (LESS THAN 3') RETAINING WALL AT 3' (LESS THAN 3') RETAINING WALL W/ SLOPE RETAINING WALL AT 6' AT STAIR STEPS IN CONTINUOUS FOOTING SECTION AT STAIR 10CONCRETE STAIR ON GRADE AQX ENGINEERING INC.1520 Brookhollow, Suite #45Santa Ana, CA 92705Off. (714) 662-0510FAX. (714) 662-1050WWW.AQXENG.COMSWD1 DETAILS 7.1.c Packet Pg. 72 7.1.d Packet Pg. 73 7.1.d Packet Pg. 74 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.2 MEETING DATE: September 14, 2021 CASE/FILE NUMBER: Conditional Use Permit (Planning Case No. PL2021-30) PROJECT LOCATION: 1139 S. Diamond Bar Blvd., Unit F Diamond Bar, CA 91765 (APN 8717-031-009) GENERAL PLAN DESIGNATION: General Commercial (C) ZONING DISTRICT: Regional Commercial (C-3) PROPERTY OWNER: Diamond Bar 3721 LLC 24 Prairie Grass Irvine, CA 92603 APPLICANT: Shawn Zuo Sequoias Design 716 N. Conlon Ave. West Covina, CA 91790 SUMMARY: The applicant, Shawn Zuo, is requesting approval of a Conditional Use Permit (CUP) to operate an indoor fitness studio (Fit Body Boot Camp) in a 2,407 square-foot tenant space within a 15,360 square-foot, multi-tenant single-story commercial building in the Diamond Bar Town Center. RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving Conditional Use Permit Planning Case No. PL2021-30, 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 7.2 Packet Pg. 75 Conditional Use Permit (Planning Case No. PL2021-30) Page 2 of 10 BACKGROUND: The subject property consists of a 1.3 -acre parcel located on the northwesterly side of Diamond Bar Boulevard between Grand Avenue and Clear Creek Canyon Drive. The property was developed in 1986 under Los Angeles County standards with a 15,360 square-foot building that was previously occupied by Big Lots. On July 9, 2019, the Planning Commission approved a Development Review request (Planning Case No. PL2018-51) to partition the building into six tenant spaces, renovate the façade and perform related landscaping improvements. The subject property shares reciprocal parking and access with neighboring commercial parcels and a Southern California Edison substation, collectively known as the Diamond Bar Town Center. The property is legally described as Lot 3 of Parcel Map No. 16890. The Assessor’s Parcel Number (APN) is 8717-031-009. Site and Surrounding General Plan, Zoning and Land Uses The aerial image below highlights the subject property: Aerial View 7.2 Packet Pg. 76 Conditional Use Permit (Planning Case No. PL2021-30) Page 3 of 10 Storefront of Proposed Tenant Lease Space The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning Land Uses Site General Commercial (C) Regional Commercial (C-3) Professional Offices, Cafe, Bank North High Density Residential (RH) Medium Density Residential (RM) Religious place of worship South General Commercial (C) Regional Commercial (C-3) Drive-thru restaurant East General Commercial (C) Regional Commercial (C-3) Shopping center with retail personal services, professional & medical offices, banks and restaurants West General Commercial (C) Regional Commercial (C-3) SCE substation; shopping center with professional & medical offices, retail and personal services, restaurants, non-degree schools 7.2 Packet Pg. 77 Conditional Use Permit (Planning Case No. PL2021-30) Page 4 of 10 Project Description Fit Body Boot Camp is a fitness franchise that provides high energy, small group fitness classes. The target market is 25-to-55-year-old adults who have moderate to little fitness experience and work mid-day during the week. The proposed fitness facility will serve clients primarily in the mornings and evenings, off-peak hours when most neighboring businesses are closed. Group training sessions are led by an experienced and nationally -certified personal trainer. Each training session begins with a warm up period, after which the i nstructors demonstrate the exercise prior to leading the clients through the workout. The instructors also guide the clients and modify the exercises to match the clients’ abilities and fitness experience. After the workout is complete, the instructors lead the clients through a cool down period with stretch exercise. 7.2 Packet Pg. 78 Conditional Use Permit (Planning Case No. PL2021-30) Page 5 of 10 Proposed Floor Plan To accommodate clients’ schedules, 30-minute training sessions operate Monday through Friday mornings from 5:00 a.m. to 10 a.m., and evenings from 5:00 p.m. to 8:00 p.m., and Saturdays from 9 a.m. to 12 p.m. Training sessions are required to be booked in advance. There will be a maximum of 2 employees and 30 clients at any one time. A condition of approval from the Building and Safety Division limits the maximum number of occupants to 49. The proposed floor plan includes the exercise area with training equipment, an office, a waiting/sales room, two restrooms, an existing fire room, and a reception area. 7.2 Packet Pg. 79 Conditional Use Permit (Planning Case No. PL2021-30) Page 6 of 10 ANALYSIS: Review Authority (DBMC Section 22.58) A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and gene ral welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In other words, if the owner were to close the business, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the business without full review and approval by the Planning Commission. Required Parking The required number of parking spaces for health and fitness uses is one space per 150 square feet of gross floor area. Current parking standards require shopping centers of 20,000 to 50,000 square feet in size to provide one parking spac e for every 250 square feet of gross floor area. The subject property shares reciprocal parking and access with neighboring commercial parcels and a Southern California Edison substation, collectively known as the Diamond Bar Town Center. The center consists of a 21,759 square-foot, two-story multi-tenant commercial building, a 15,360 square-foot building (previously Big Lots), and a 2,846 square-foot drive-thru restaurant, totaling 39,965 square feet. Diamond Bar Town Center provides 197 off-street parking spaces. The parking required for the current palette of uses excluding the proposed fitness studio is 159 spaces. The proposed fitness studio requires a minimum of 17 spaces. The total off-street parking requirement for the subject site would thus be 176 parking spaces, leaving a surplus of 21 spaces based on Development Code requirements. The following table provides a summary of the parking requirements for the center. 7.2 Packet Pg. 80 Conditional Use Permit (Planning Case No. PL2021-30) Page 7 of 10 City’s Development Code Parking Requirement Use Sq. Ft. Parking Ratio Parking Required Shopping Center 35,466 1 space per 250 sq. ft. 142 Kumon Math & Reading Center 1,147 1 space per 200 sq. ft., plus 1 space per employee 11 Wing Chess Academy (CUP PL2019-59) 945 1 space per 200 sq. ft., plus 1 space per employee 6 Proposed Fitness Studio 2,407 1 space per 150 sq. ft. 17 39,965 Total 176 Parking Provided 197 Parking Surplus 21 Parking Demand When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into conside ration. The existing shopping center has uses ranging from restaurants, medical and professional offices, personal services, and specialized education uses. The varying uses result in a range of peak business hours and parking demands. Therefore, staff requested a parking demand for the proposed use. The analysis was prepared by traffic engineers K2 Traffic Engineering, Inc. and is included as Attachment C. Based on the parking demand analysis, the existing parking supply would accommodate the parking demand generated by the existing uses and the proposed fitness studio. A worst-case scenario would result in a peak demand of 196 parking spaces. In reality, the diversity of these tenants with different business hours and peak periods would make such occurrences unlikely. Based on a parking survey and data adjustments due to vacancies and the COVID-19 pandemic, the peak parking demand of 133 spaces occurs on Fridays at 5:30 p.m. The proposed fitness studio will serve clients primarily in the mornings and evenings when other businesses are closed, further reducing its impact on parking availability while generating business activity at a wider range of hours during the week. Each training session lasts 30 minutes, with at least 10 to 15 minutes in between sessions. As there are no shower rooms on site, clients typically leave after their workout. The table below provides a summary of the worst-case scenario parking demand for the shopping center. 7.2 Packet Pg. 81 Conditional Use Permit (Planning Case No. PL2021-30) Page 8 of 10 Worst-Case Scenario Parking Demand Use Sq. Ft. Parking Ratio Parking Required Shopping Center 35,466 1 space per 250 sq. ft. 142 Kumon Math & Reading Center 1,147 6 (1/200 sq. ft.) 5 employees 11 Wing Chess Academy (CUP PL2019-59) 945 10 students 1 employee 11 Proposed Fitness Studio 2,407 30 students 2 employees 32 39,965 Total 196 Parking Provided 197 Parking Surplus 1 The parking study indicates that the available shared parking supply of 197 spaces will be sufficient to meet the projected peak parking demands of existing and proposed uses. The proposed use will not increase any square footage to the existing building. Therefore, the proposed fitness studio is not anticipated to cause any parking impacts to the existing parking facilities at Diamond Bar Town Center. However, once the fitness studio is in operation, and should traffic and/or parking issues arise, the Community Development Director, after providing the applicant a reasonable opportunity to mitigate the impact(s) to an acceptable level, may refer the matter back to the Planning Commission to consider amending or revoking the Conditional Use Permit to address such impacts (Condition of Approval #4). Compatibility with Neighborhood Diamond Bar Town Center is directly across the street from another shopping center, and adjacent to residential uses and a religious place of worship to the west and north. The shopping center has numerous different uses, including service and retail uses, restaurants, medical and professional offices, banks, and non -degree schools. Given the proposed hours of operation, the availability of parking, and the diversity of uses, the proposed fitness studio is expected to be a compatible use at this location. The proposed fitness studio can bring additional people to the shopping center , and potentially benefit the other businesses. The proposed use is consistent with the current zoning designation of Regional Commercial. Noise: To alleviate any potential noise concerns associated with high energy , group fitness classes, the demising walls will include sound-reducing drywall with a Sound 7.2 Packet Pg. 82 Conditional Use Permit (Planning Case No. PL2021-30) Page 9 of 10 Transmission Class (STC) rating of 53, along with the installation of one-inch-thick acoustic foam panels on the demising walls to further absorb sound. There is existing R-30 insulation under the roof, resulting in a STC rating of 50 to 55. Background music will be played at approximately 70 dBA during the group class sessions. Music will be played at a lower volume during warm up and cool down periods and in between classes. In addition, the entire workout space will be covered with the franchise’s standard 26 oz. black nickel carpet with 1 3/8-inch-thick crosslink foam flooring. The rear door leading to the interior hallway is constructed of solid-core wood with an aluminum frame, and is tight-fitting and self-closing, which will help block sound transmission compared to a hollow-core door that is typical of most interior doors. Therefore, it is likely that the proposed fitness studio would have a negligible effect on existing noise in the vicinity, and would not be a nuisance to the adjacent businesses. The applicant has reached out to the tenants in the building regarding the proposed fitness studio, and obtained their written consent (Attachment B). Additional Review The Building and Safety Division reviewed this project, and its comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On September 1, 2021, public hearing notices were mailed to property owners within a 700-foot radius of the project site. On Septemb er 3, 2021, the notice was published in the San Gabriel Valley Tribune newspaper; the project site was posted with a notice display board; and a copy of the public notice was posted at the City’s designated community posting sites. Public Comments Received No comments have been received as of the publication date of this report. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determine d the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: 7.2 Packet Pg. 83 Conditional Use Permit (Planning Case No. PL2021-30) Page 10 of 10 REVIEWED BY: Attachments: A. Draft Resolution No. 2021-XX and Standard Conditions of Approval B. Business Description and 1139 S. Diamond Bar Blvd Tenant Consent Letter C. Parking Demand Analysis Dated April 20, 2021 D. Site Plan and Floor Plan 7.2 Packet Pg. 84 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (PLANNING CASE NO. PL2021-30) TO OPERATE A FITNESS STUDIO WITHIN A 2,407 SQUARE-FOOT TENANT SPACE LOCATED AT 1139 S. DIAMOND BAR BOULEVARD, UNIT F, DIAMOND BAR, CA (APN 8717-031-009). A. RECITALS 1. Property owner, Diamond Bar 3721 LLC, and applicant, Shawn Zuo, have filed an application for Conditional Use Permit (Planning Case No. PL2021-30) to operate a fitness studio for Fit Body Boot Camp in a 2,407 square-foot tenant space within an existing shopping center. The project site is more specifically described as 1139 S. Diamond Bar Boulevard, Unit F, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Conditional Use Permit shall collectively be referred to as the “Project” or “Proposed Use.” 2. The subject property is comprised of a 1.30 gross acre parcel. It is located in the Regional Commercial (C-3) zone with a General Plan land use designation of General Commercial. 3. The legal description of the subject property is Lot 3 of Parcel Map No. 16890 and the Assessor’s Parcel Number is 8717-031-009. 4. On September 1, 2021, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. On September 3, 2021, public hearing notices were mailed to property owners within a 700-foot radius of the Project site and posted at the City’s designated community posting sites. 5. On September 14, 2021, 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. 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required. 7.2.a Packet Pg. 85 2 PC Resolution No. 2021-XX 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 2-6, health and fitness facilities, as defined by DBMC Section 22.80.020, are permitted in the C-3 zoning district with approval of a conditional use permit. The proposed fitness studio will be located in a tenant space within Diamond Bar Town Center, an existing shopping center. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed fitness studio will be compatible with neighboring uses in the commercial center and surrounding neighborhood. 2. The Proposed Use is consistent with the general plan and any applicable specific plan. The Proposed Use is consistent with General Plan Goal LU-G-11: (“Support existing commercial centers by encouraging ongoing investment and, where appropriate, reuse and redevelopment”) in that the Proposed Use will occupy an existing tenant space. The Proposed Use is consistent with General Plan Goal ED -G-3: (“Support the retention, rehabilitation, and/or expansion of existing businesses, and the attraction of new businesses”) in that the Proposed Use is a new business locating within an existing shopping center. 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 will be located within an existing tenant space within a 15,360 square-foot, multi-tenant commercial building. The subject property shares reciprocal parking and access with neighboring commercial parcels and an Edison substation, collectively known as Diamond Bar Town Center. Diamond Bar Center consists of a variety of uses including restaurants, personal services, and medical and professional offices. The Proposed Use complies with the City’s Development Code parking requirement, and the parking demand generated by the Proposed Use is not likely to exceed the number of on-premise parking spaces available to serve the proposed use at any given time . The Proposed Use will operate from 5 a.m. to 10 a.m. and 5 p.m. to 8 p.m., Monday through Friday, and 9 a.m. to 12 p.m. on Saturday s. To alleviate any potential noise 7.2.a Packet Pg. 86 3 PC Resolution No. 2021-XX concerns, demising walls will include sound-reducing drywall with a Sound Transmission Class (STC) rating of 53, along with the installation of 1 -inch-thick acoustic foam panels to further absorb sound . Along with the existing R-30 insulation under the roof, the STC rating will be between 50 to 55. Background music will be played at approximately 70 dBA during the group class sessions , and at a lower volume during warm up and cool down periods, and in between classes. In addition, the entire workout space will be covered with 26 oz. black nickel carpet with 1 3/8-inch-thick crosslink foam flooring. The rear door is constructed of solid-core wood with an aluminum frame and is tight-fitting and self-closing, which will help block sound transmission compared to a hollow-core door that is typical of most interior doors. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with the other uses within the commercial building and surrounding neighborhood. 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 Proposed Use is physically suitable within the subject site because it will be located in an existing vacant tenant space within an existing commercial building, and no additional square footage is being proposed. In addition, the Proposed Use will be using existing access and parking. Diamond Bar Town Center provides 197 on-site parking spaces shared by all tenants and patrons of the shopping center based on an existing reciprocal parking agreement. The parking required for the current palette of uses excluding the proposed fitness studio is 159 spaces. The proposed fitness studio requires a minimum of 17 spaces. The total off-street parking requirement for the subject site would thus be 176 parking spaces, leaving a surplus of 21 spaces based on Development Code requirements. The existing parking supply would accommodate the parking demand of existing uses and the proposed fitness studio. Based on the parking demand analysis, the existing parking supply would accommodate the parking demand of existing uses and the proposed fitness studio. A worst-case scenario would result in a peak demand of 196 parking spaces. In reality, the diversity of these tenants with different business hours and peak periods make such occurrences unlikely. In addition, based on a parking survey and data adjustments due to vacancies and the COVID-19 pandemic, the peak parking demand of 133 spaces occurs on Fridays at 5:30 p.m. The proposed fitness facility will serve clients primarily in the mornings and evenings when the majority of other businesses are closed, further reducing its impact on parking availability while generating business activity at a wider range of hours during the week. Given the proposed hours of operation, the overall parking demands, and the types of adjoining uses, it is reasonable to conclude that the proposed fitness studio will be compatible with the other uses in the commercial center and neighborhood. 7.2.a Packet Pg. 87 4 PC Resolution No. 2021-XX The proposed use is physically suitable at the subject site because it is operating within an existing commercial center and will be using existing access and parking in the center. 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. Prior to the issuance of any city permits, the Project is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The proposed Project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit Planning Case No. PL2021-30 subject to the following conditions: 1. This approval is for the operation of a fitness studio for Fit Body Boot Camp in a 2,407 square-foot tenant space located an existing shopping center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit Planning Case No. PL2021-30 dated September 14, 2021, 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 1139 S. Diamond Bar Boulevard, Unit F, as depicted on the approved plans on file with the Planning Division. If the Proposed Use expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission approval shall be required for the new location. 4. If, at any time, the City finds that the Use is the cause of a parking deficiency, noise nuisance, or other land use impact, within or beyond the subject property boundaries, the Community Development Director, after providing the entitlement holder a reasonable opportunity to mitigate the impact(s) to an acceptable level, 7.2.a Packet Pg. 88 5 PC Resolution No. 2021-XX may refer the matter back to the Planning Commission to consider amending or revoking this Conditional Use Permit to address such impacts. 5. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission. 6. Building and Safety Division (a) The occupant load shall be limited to 49. 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, Diamond Bar 3721 LLC, 24 Prairie Grass, Irvine, CA 92603; and applicant, Shawn Zuo, 716 N. Conlon Ave., West Covina, CA 91790. APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER, 2021, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ William Rawlings, 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 14th day of September, 2021, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ___________________________ Greg Gubman, Secretary 7.2.a Packet Pg. 89 6 PC Resolution No. 2021-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit Planning Case No. PL2021-30 SUBJECT: To operate a fitness studio for Fit Body Boot Camp in a 2,407 square- foot lease space within an existing multi-tenant commercial building PROPERTY Diamond Bar 3721 LLC OWNER(S): 24 Prairie Grass Irvine, CA 92603 APPLICANT: Shawn Zuo 716 N. Conlon Ave. West Covina, CA 91790 LOCATION: 1139 S. Diamond Bar Blvd., Unit F 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 Planning Case No. PL2021- 30 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 attorney fees, incurred in defense of such claims. 7.2.a Packet Pg. 90 7 PC Resolution No. 2021-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 Planning Case No. PL2021-30 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. 3. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License 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 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. 7.2.a Packet Pg. 91 8 PC Resolution No. 2021-XX C. TIME LIMITS 1. The approval of Conditional Use Permit Planning Case No. PL2021-30 shall expire within one (1) year from the date of approval if the use has not been exercised as defined per DBMC Section 22.66.050 (b)(1). The applicant may request in writing a one-year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. All work shall be in conformance to the 2019 California Building Code series. 2. The occupant load shall be posted and limited to 49. 3. Fire Department approval is required for sprinkler head locations. 4. The suspension equipment or other items connected to the wall shall be reinforced and adequately secured. Details shall be approved by the Building and Safety Division for the connection and approved through plan check. 5. The ADA path of travel railing and related features shall be completed prior to Building final inspection. END 7.2.a Packet Pg. 92 Fit Body Boot Camp 1139 S Diamond Bar #F Diamond Bar, CA 91765 Dear Planning Director, The proposed use of the facility is to offer the most result driven group workouts in our fitness facility. At Fit Body Boot Camp, we’re committed to inspiring fitness and changing lives. Our fitness boot camp workout delivers fast, long-lasting weight loss results and the healthy lifestyle women and men of all fitness levels need to keep them! We specialize in 30-minute weight loss classes that challenge the body and deliver results in a positive, supportive atmosphere with our signature high intensity interval training and afterburn group workouts. Proposed Hours of Operation: Mon-Fri 5AM-10AM; 5PM-8PM Sat 9AM-12PM Expecting number of people on a daily basis per class: about 30 members Number of Employees on the largest shift: 4 2 7.2.b Packet Pg. 93 Equipments Used: (all of these equipments are movable from shelves) (images below are for reference not from actual vendors) (all equipments used will be in this kind of weight/size/usage) Sliders , Dumbbells, Kettlebells, Resistance Bands, Suspension, Plyo Boxes, Slam Balls, 7.2.b Packet Pg. 94 Stability Balls, Battling Ropes Ab rollers Weighted bars 7.2.b Packet Pg. 95 Class Style: Boot Camp style High Intensity Interval Training Here is a sample workout in a 30-min class 7.2.b Packet Pg. 96 The reasons for requesting the CUP at this particular location: • This location and the resident businesses are consistent with other similar health club locations throughout Diamond Bar. • This location will provide much needed health and fitness coaching services in the city. • This location will offer a high-quality health training with competitive cost. • This location is advantageous in that my business plan/vision although focused on Diamond Bar, will draw clientele from Walnut and Chino therefore presenting better business volume and associated sales tax revenue. Thank you for your consideration. Sincerely, Rachel Yu 7.2.b Packet Pg. 97 7.2.b Packet Pg. 98 K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com April 20, 2021 Rachel Yu JYL Group, Inc. DBA Fit Body Boot Camp 1139 S. Diamond Bar Blvd, Unit F Diamond Bar, CA 91765 Re: Shared Parking Study –Fit Body Boot Camp 1139 S. Diamond Bar Blvd, Unit F, Diamond Bar Dear Rachel, Per your request, we have conducted a shared parking study for the proposed Fit Body Boot Camp. This letter presents our methodology, findings, and recommendation in regards to the sufficiency of parking. PROJECT INFORMATION The project site is situated within Diamond Bar Town Center on the west side of Diamond Bar Boulevard between Grand Avenue and Clear Creek Canyon Drive. The center consists of a 21,759 square-foot, two-story multi-tenant commercial building, a 15,360 square-foot building (previously Big Lots), and a 2,846 square-foot fast food restaurant (Jack in the Box), totaling 39,965 square feet. Fit Body Boot Camp is proposing to operate a new fitness facility within the lease space of Unit F (2,407 square feet) at 1139 Diamond Bar Boulevard in the City of Diamond Bar. Site plan and floor plan is shown in Exhibits 1 and 2, respectively. The proposed fitness facility provides group training and weight loss classes with a maximum occupancy of thirty (30) students and two staff. Group classes will be offered Monday through Friday between 5 and 10 AM and between 5 and 8 PM, and Saturday between 9 AM and 12 PM. Each class session is thirty (30) minutes long with a gap of at least ten (10) minutes between classes. An example of weekly schedule is provided in Exhibit 3. 7.2.c Packet Pg. 99 Shared Parking Study - Fit Body Boot Camp April 20, 2021 1139 S. Diamond Bar Blvd, Unit F, Diamond Bar Page 2 of 5 K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com EXISTING CONDITIONS A complete list of tenant information can be found in Exhibit 4. Existing tenants at the shopping center include bank, restaurants, professional offices, medical offices, personal services, non-degree schools, and other general retail stores. Other than the subject unit, there are five (5) vacant units, including the future grocery store that is under construction, at the time of this study. The site was originally constructed with 198 parking spaces. Due to a prior addition of an accessible path, one parking space has been removed and the site currently provides 197 parking spaces, shared by all tenants and patrons of the shopping center based on an existing reciprocal parking agreement. PARKING REQUIREMENT According to the City of Diamond Bar Municipal Code, the required parking for fitness clubs is one (1) parking space for each 150 square feet of gross floor. The proposed business of 2,407 square feet is required to provide seventeen (17) parking spaces, as shown in Table 1. Table 1. Parking Requirement Per Municipal Code Business Name Use Sq. Ft. Parking Ratio Required Spaces Fit Body Boot Camp Fitness Club 2,407 1 space per 150 sq. ft. 16.05 (Say 17) Municipal Code requires that shopping center between 20,000 and 50,000 square feet in size to provide one parking space for every 250 square feet of gross floor area. With consideration of other applicable non-shopping-center uses, Table 2 shows how parking calculation is broken down. The total off-street parking requirement for the center is 176 spaces. The site has a capacity of 197 spaces with a parking surplus of 21 spaces. Parking for the project can be sufficiently accommodated and no parking overflow is expected. 7.2.c Packet Pg. 100 Shared Parking Study - Fit Body Boot Camp April 20, 2021 1139 S. Diamond Bar Blvd, Unit F, Diamond Bar Page 3 of 5 K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com Table 2. City's Development Code Parking Requirement Use Sq. Ft. Parking Ratio Parking Required Shopping Center 35,466 1/250 sq. ft. 142 Kumon Math & Reading Center 1,147 1/200 sq. ft. plus one space per employee 11 Wing Chess Academy 945 1/200 sq. ft. plus one space per employee 6 (Proposed) Fit Body Boot Camp 2,407 1/150 sq. ft. 17 39,965 TOTAL 176 PARKING CAPACITY 197 PARKING SURPLUS 21 WORST-CASE SCENARIO The worst-case scenario, as shown in Table 3, represents an unlikely situation when every single business in the shopping centers reaches its peak hypothetical parking demand simultaneously. In reality, the diversity of these tenants with different business hours and peak periods make such occurrence extremely unlikely. Table 3. Worst-Case Scenario Parking Demand Use Sq. Ft. Parking Ratio Worst-Case Parking Shopping Center 35,466 1/250 sq. ft. 142 Kumon Math & Reading Center 1,147 6 (1/200 sq. ft) + 5 staff 11 Wing Chess Academy 945 10 students + 1 employee 11 (Proposed) Fit Body Boot Camp 2,407 30 students + 2 staff 32 39,965 TOTAL 196 7.2.c Packet Pg. 101 Shared Parking Study - Fit Body Boot Camp April 20, 2021 1139 S. Diamond Bar Blvd, Unit F, Diamond Bar Page 4 of 5 K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com PARKING SURVEY In order to observe actual parking of existing tenants, the study conducted field observations at the shopping center on a typical weekday and Saturday during the scheduled class hours. Parked vehicles were counted every 30 minutes. Complete survey data and area map can be found in Appendix A. The parking survey indicates that parking usage at the center is higher for weekday than weekend. The peak parking took place at 5:30 PM Friday when 72 spaces were used, equivalent to approximately 37% of the parking capacity. ADJUSTMENT FOR VACANCY AND PANDEMIC Data adjustments were applied to the parking survey in order to reserve spaces for vacant units and businesses that are closed during the pandemic. The detailed calculation of these adjustment factors are shown in Exhibit 5 and summarized in Table 4. Table 4. Maximum Shared Parking Demand Category Parking Demand Parking Percentage Note Existing Tenant 72 36.5% Peak parking at 5:30 PM on Friday Adjustment for Vacancy and Pandemic 44 22.3% 5 Vacant Units + 3 Businesses Closed During Pandemic Project 17 8.6% Fit Body Boot Camp TOTAL 133 68% Parking Capacity = 197 Expected Surplus = 64 The overall parking demand is 133 spaces based on Friday's usages, including 72 spaces for existing tenants, 44 spaces for vacancy and pandemic adjustment, and 17 spaces for the project. With a capacity of 197 parking spaces, the expected parking percentage based on the parking survey is approximately 68% with an expected surplus of 64 parking spaces. Parking survey data are illustrated in Exhibit 6. 7.2.c Packet Pg. 102 Shared Parking Study - Fit Body Boot Camp April 20, 2021 1139 S. Diamond Bar Blvd, Unit F, Diamond Bar Page 5 of 5 K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com SUMMARY Based on the shared parking analysis this study concludes that the shopping center provides sufficient parking spaces to accommodate the subject fitness club. The project is expected to not result in parking overflow. Regards, K2 Traffic Engineering, Inc. Jende Kay Hsu, T.E. California License T2285 7.2.c Packet Pg. 103 EXHIBIT 1. PROPOSED SITE PLANNOT A PARTNOT A PARTNOT A PARTUNIT F7.2.c Packet Pg. 104 EXHIBIT 2. PROPOSED FLOOR PLANNO T A P A R T (PROPOSED) FIT BODY BOOT CAMP7.2.cPacket Pg. 105 EXHIBIT 3. FIT BODY BOOT CAMP CLASS SCHEDULE P6455 - Fit Body Boot Camp 1139 S. Diamond Bar Blvd, Diamond Bar K2 Traffic Engineering, Inc. Day/Time Monday Tuesday Wednesday Thursday Friday Saturday Sunday 5:00 AM 6:00 AM 7:00 AM Group Training / Fat Group Training / Fat Group Training / Fat Group Training / Fat Group Training / Fat 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM Group Training / Fat Loss Class Training / Fat Loss Class Training / Fat Loss Class Training / Fat Loss Class Training / Fat Loss Class Training / Fat Loss Class 12:00 PM 1:00 PM 2:00 PM 3:00 PM 400PM4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM Group Training / Fat Loss Class Group Training / Fat Loss Class Group Training / Fat Loss Class Group Training / Fat Loss Class Group Training / Fat Loss Class 8:00 PM K2 Traffic Engineering, Inc. 7.2.c Packet Pg. 106 EXHIBIT 4. TENANT INFORMATION Prepared: 4/9/2021 P6455 - Diamond Bar Fit Body Parking K2 Traffic Engineering, Inc. Diamond Bar Town Center Business Name Land Use Normal Business Hours Pandemic Hours A KCAL Insurance Shopping Center Mon - Fri: 9 AM - 6 PM Sat-Sun: By Appointment Unchanged B Grid Coffee Shopping Center Mon - Sat: 8 PM - 6 PM Sun: 10 AM - 6 PM Unchanged C, D Grocery Store (Under Construction) Shopping Center N/A N/A E Royal Business Bank Shopping Center Mon - Thurs: 9 AM - 4:30 PM Fri: 9 AM - 6 PM Unchanged F (Proposed) Fit Body Boot Camp Fitness Club Mon - Fri: 5 AM - 11 AM & 5 PM - 8 PM Sat: 9 AM - 12 PM N/A A Jimmy's Poke & Sushi Burrito 2 Shopping Center Mon - Sun: 11 AM - 7 PM Unchanged B Wing Chess Non-Degree School Mon: 4:30 PM - 7 PM, Wed: 6:30 PM - 7:30 PM F:4:30 PM - 8 PM, Sat: 9:30 AM - 5 PM Unchanged C Tealicious Café Shopping Center Mon - Sun: 11 AM - 9 PM Unchanged D Blessed Smile Shopping Center Mon - Fri: 8 AM - 5 PM Sat - Sun: Closed Unchanged E Blue Samurai Noodle Bistro Shopping Center Mon-Sun: 11:30 AM 3 PM & 5 PM - 9 PM Closed Monday F Subway Shopping Center Mon - Fri: 8 AM - 10 PM Sat: 8 AM - 9 PM, Sun: 9 AM - 9 PM Early Closing (1-2 Hours) G Vacant Shopping Center N/A N/A H Salon Sonal Shopping Center Mon - Sun: 10 AM - 10 PM Early Closing (3 Hours) I Pure Bliss Nail & Beauty Bar Shopping Center Mon - Sat: 10 AM - 7 PM Sun: 10:30 AM - 5 PM Unchanged J Optometry Family Vision Care Shopping Center Mon & Wed: 10:30 AM - 6:30 PM Tue & Sat: 9:30 AM - 2 PM Fri: 9:30 AM - 4:30 PM, Thu & Sun: Closed Unchanged K Vacant Shopping Center N/A Unchanged L LuDingJi Noodles Shangrila Kitchen Shopping Center N/A Temporarily Closed M, N Cho Dang Tofu Restarurant Shopping Center Mon - Sat: 11 AM - 9:30 PM Sun: 11:30 AM - 9:30 PM Early Closing (1-2 Hours) O Wonderful Massage Shopping Center Mon - Sun: 10 AM - 10 PM Unchanged P American Asia Travel Agency Shopping Center N/A Temporarily Closed G New Leaf Skin Care Shopping Center By Appointment Unchanged R, S Kumon Non-Degree School Mon & Thu: 3 PM - 7 PM Sat 12 PM - 2 PM No In-Person Class T Miss Lash Beauty Lounge Shopping Center By Appointment Unchanged U Vacant Shopping Center N/A N/A 1165N/A Jack in the Box Shopping Center Mon - Sun: 6 AM - 10 PM Unchanged Unit 1155 1139 7.2.c Packet Pg. 107 EXHIBIT 5. ADJUSTMENT FOR VACANCY AND PANDEMIC P6455 - Diamond Bar Fit Body Parking Diamond Bar Town Center, Diamond Bar Prepared: 4/16/2021 Land Use Sq. Ft. Subtotal Sq. Ft. Parking Ratio Parking Req'd Shopping Center 1139 C 1,618 1139 D 1,618 1155 G 1,175 1155 K 945 1155 U 1,800 1139 L 1,575 1139 P 680 Non-Degree School Pandemic Adjustment 1139 R, S 1,147 1,147 1/200 sq.ft.6 TOTAL 44 1/250 sq. ft. 38 Unit Vacancy Reserve Pandemic Adjustment 9,411 K2 Traffic Engineering, Inc. 7.2.c Packet Pg. 108 PjtEXHIBIT 6. PARKING SURVEY - FRIDAYProjectAdjustment for Vacancy and PandemicExisting TenantsDiamond Bar Town CenterK2 Traffic Engineerng, Inc.Prepared: 4/20/2021200Capacity = 197150andOverall Demand = 133Project Parking = 17100Parking DemAdjustment for Vacancy and Pandemic = 4450Current Peak Usage = 72 Spaces (Friday 5:30 PM)000 AM30 AM00 AM30 AM00 AM00 PM30 PM00 PM30 PM00 PM30 PM00 PM9:09:310:010:311:05:05:36:06:37:07:38:0Time7.2.c Packet Pg. 109 Date Day APPENDIX A. PARKING SURVEY - FRIDAY P6455 - Diamond Bar Fit Body Parking 1139 S. Diamond Bar Blvd, Diamond Bar By Area ABCDEFG CAPACITY 17 31 21 56 26 26 20 197 Handicap Parking Included 0220030 7 9:00 AM 3 13 2018128 9:30 AM 4 14 8217238 10:00 AM 4 19 7 4 1 11 7 53 10:30 AM 4 18 11 10 2 7 7 59 11:00 AM 4 19 7 15 2 7 7 61 5:00 PM 5 16 10 16 4 9 9 69 5:30 PM 6 19 9 14 2 12 10 72 * 6:00 PM 2 12 10 18 3 9 9 63 6:30 PM 1 7 9 14 2 9 8 50 7:00 PM 1 6 6 10 1 6 7 37 7:30 PM 067518431 8:00 PM 033318119 *Peak Occurs at 5:30 PM 6199142121072 Available Spaces 11 12 12 42 24 14 10 125 Total 4/9/2021 Friday Hean Tan K2 Traffic Engineering, Inc. 7.2.c Packet Pg. 110 Date Day APPENDIX A. PARKING SURVEY - SATURDAY P6455 - Diamond Bar Fit Body Parking 1139 S. Diamond Bar Blvd, Diamond Bar By Area ABCDEFG CAPACITY 17 31 21 56 26 26 20 197 Handicap Parking Included 0220030 7 9:00 AM 1524021 15 9:30 AM 1656121 22 10:00 AM 1 8 7 10 0 4 5 35 10:30 AM 1 6 6 17 1 12 6 49 11:00 AM 1 7 7 18 1 13 6 53 11:30 AM 1 6 10 13 1 11 8 50 12:00 PM 1 5 13 19 1 9 7 55 * *Peak Occurs at 12 PM 1 5 13 19 1 9 7 55 Available Spaces 16 26 8 37 25 17 13 142 Total 4/10/2021 Saturday Hean Tan K2 Traffic Engineering, Inc. 7.2.c Packet Pg. 111 "A" "B" "G" "C""D" "E""F" APPENDIX A. PARKING SURVEY MAP No Scale K2 Traffic Engineering, Inc. 7.2.c Packet Pg. 112 （PROJECTINFORMATIONT-0DATEJOB #04 - 07 - 2021S21-1139FREVISIONSSCALE: SEE PLANDATENO.12345PROJECT ADDRESSOWNER INFORMATIONDRAWN BYCHECKED BYK. X.S. Z.CONSULTANT INFORMATIONOWNER:DIAMOND BAR 3721 LLCADDRESS:1139 S DIAMOND BAR BLVD,DIAMOND BAR, CA 91765ADDRESS:716 N CONLON AVE.WEST COVINA, CA 91790EMAIL:SHAWN.SQDS@GMAIL.COMPHONE:(626) 399 - 2555WEB:WWW.SEQUOIASDESIGNS.COMSHEET TITLESHEET #MEP: SEQUOIAS DESIGNADDRESS: 716 N CONLON AVE WEST COVINA, CA 91790EMAIL: SHAWN.SQDS@GMAIL.COM1139 S DIAMOND BAR BLVD #F,DIAMOND BAR, CA 91765 FIT BODY CAMP T.I.AOIHZESSAGILENNEREGNNIGSRE E D EL P ROTER NO. 89369Exp.12/31/22I FALLIICAVIINFORSETATOFC06-02-202107-21-202107-29-20217.2.dPacket Pg. 113 EXISTING SITE PLAN(REFERENCE ONLY)A-101DATEJOB #04 - 07 - 2021S21-1139FREVISIONSSCALE: SEE PLANDATENO.12345PROJECT ADDRESSOWNER INFORMATIONDRAWN BYCHECKED BYK. X.S. Z.CONSULTANT INFORMATIONOWNER:DIAMOND BAR 3721 LLCADDRESS:1139 S DIAMOND BAR BLVD,DIAMOND BAR, CA 91765ADDRESS:716 N CONLON AVE.WEST COVINA, CA 91790EMAIL:SHAWN.SQDS@GMAIL.COMPHONE:(626) 399 - 2555WEB:WWW.SEQUOIASDESIGNS.COMSHEET TITLESHEET #MEP: SEQUOIAS DESIGNADDRESS: 716 N CONLON AVE WEST COVINA, CA 91790EMAIL: SHAWN.SQDS@GMAIL.COM1139 S DIAMOND BAR BLVD #F,DIAMOND BAR, CA 91765 FIT BODY CAMP T.I.AOIHZESSAGILENNEREGNNIGSRE E D EL P ROTER NO. 89369Exp.12/31/22IFA LLIICAVI INFORSETATOFC06-02-20217.2.dPacket Pg. 114 NOTE:IF ALCOVE DEPTH (X) IS GREATER THAN 24", THEN (Y) MUST BE54" MIN ON AN ACCESSIBLE FOUNTAIN WITH A ROUND OR OVALBOWL, THE SPOUT MUST BE POSITIONED SO THE FLOW OFWATER IS WITHIN 3" OF THE FRONT EDGE OF THE FOUNTAIN27" MIN (Y )48" M IN℄(a)PLAN(b)SIDE ELEVATION(X)18"MIN15" MIN.5" MAX.18"MIN℄48" MIN6" MAX18"MIN 18"MIN (Y) 48" MIN 27" MIN 36" MAX 38$43" AFF.STANDARDHEIGHTFOUNTAINACCESSIBLEFOUNTAINFACEOFALCOVEWALLCLEARFLOORSPACEACCESSIBLEFOUNTAINSTANDARDHEIGHTFOUNTAIN(X)18"MINSTANDARDHEIGHTFOUNTAINACCESSIBLEFOUNTAINEXISTING &PROPOSED FLOORPLANA-111DATEJOB #04 - 07 - 2021S21-1139FREVISIONSSCALE: SEE PLANDATENO.12345PROJECT ADDRESSOWNER INFORMATIONDRAWN BYCHECKED BYK. X.S. Z.CONSULTANT INFORMATIONOWNER:DIAMOND BAR 3721 LLCADDRESS:1139 S DIAMOND BAR BLVD,DIAMOND BAR, CA 91765ADDRESS:716 N CONLON AVE.WEST COVINA, CA 91790EMAIL:SHAWN.SQDS@GMAIL.COMPHONE:(626) 399 - 2555WEB:WWW.SEQUOIASDESIGNS.COMSHEET TITLESHEET #MEP: SEQUOIAS DESIGNADDRESS: 716 N CONLON AVE WEST COVINA, CA 91790EMAIL: SHAWN.SQDS@GMAIL.COM1139 S DIAMOND BAR BLVD #F,DIAMOND BAR, CA 91765 FIT BODY CAMP T.I.AOIHZESSAGILENNEREGNNIGSRE E D EL P ROTER NO. 89369Exp.12/31/22I FALLIICAVIINFORSETATOFC06-02-202107-21-202107-29-20217.2.dPacket Pg. 115 UNIT #A1,638 SFUNIT #C & UNIT #D3,236 SF(N) GENDER NENTRALRESTROOM(N) GENDER NENTRALRESTROOM(N) GENDER NENTRALRESTROOM(E) ELECTRICAL ROOMUNIT #B1,603 SFUNIT #E3,050 SFUNIT #F2,407 SF··FINISH SCHEDULE···UNIT #H936 SFUNIT G:(E) STORAGE NOT FORLEASEPUBLIC RESTROOMLOCATIONA-112DATEJOB #04 - 07 - 2021S21-1139FREVISIONSSCALE: SEE PLANDATENO.12345PROJECT ADDRESSOWNER INFORMATIONDRAWN BYCHECKED BYK. X.S. Z.CONSULTANT INFORMATIONOWNER:DIAMOND BAR 3721 LLCADDRESS:1139 S DIAMOND BAR BLVD,DIAMOND BAR, CA 91765ADDRESS:716 N CONLON AVE.WEST COVINA, CA 91790EMAIL:SHAWN.SQDS@GMAIL.COMPHONE:(626) 399 - 2555WEB:WWW.SEQUOIASDESIGNS.COMSHEET TITLESHEET #MEP: SEQUOIAS DESIGNADDRESS: 716 N CONLON AVE WEST COVINA, CA 91790EMAIL: SHAWN.SQDS@GMAIL.COM1139 S DIAMOND BAR BLVD #F,DIAMOND BAR, CA 91765 FIT BODY CAMP T.I.AOIHZESSAGILENNEREGNNIGSRE E D EL P ROTER NO. 89369Exp.12/31/22IFA LLIICAVI INFORSETATOFC06-02-202107-21-20217.2.dPacket Pg. 116 Project Status Report CITY OF DIAMOND BAR September 14, 2021 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 9/14/21 CC 9/21/21 PC 9/28/21 CC 10/5/21 PC 10/12/21 CC 10/19/21 24011 Falcons View Dr. (Addition and remodel to single family residence) DR, MCUP, TP PL2020-25 MN William Edwards PH 1139 S. Diamond Bar Blvd., Ste F (CUP for fitness studio) CUP PL2021-30 JT Shawn Zuo PH Small Wireless Ordinance 2nd Reading DCA PL2021-44 MN City of Diamond Bar X 21130 Golden Springs Dr. (MCUP Amendment for hookah lounge) Amendment to MCUP PL2019-122 JT MHD Marwan Almannini PH ADMINISTRATIVE REVIEW Property Location AP Applicant None PENDING ITEMS Property Location File # AP Applicant Status 1625 Bears Den Rd. (Addition to single family residence) DR PL2021-01 MN Pete Volbeda Second incomplete letter sent 8/31/21 – waiting for additional information 850 Brea Canyon Rd. (Modification to hotel and office project) TPM/CUP/DR/PP/CSP PL2017-169 GL Philip Lee First incomplete letter sent 8/12/21 – waiting for additional information 1198 Chisolm Trail Dr. (New single-family residence) DR PL2021-51 JT Michael Wu First incomplete letter sent 7/21/21 – waiting for additional information Crooked Creek (7-unit subdivision) TTM, DR, CUP, TP PL2017-203 MN New Bridge Homes Under Review 2001 Derringer Ln. (2-lot subdivision) TPM 83036 PL2021-46 MN Gurbachan S. Juneja First incomplete letter sent 6/24/21 – waiting for additional information Gentle Springs Ln. and S. Prospectors Rd. GPA, ZC, VTTM, DR PL2021-23 GL/ JT Tranquil Garden LLC First incomplete letter sent 4/16/21 – waiting for additional information 2234 Indian Creek Rd. (New single-family residence) DR PL2020-159 MN Jeffrey Sun First incomplete letter sent 1/12/21 – waiting for additional information 9.1 Packet Pg. 117 Project Status Report CITY OF DIAMOND BAR Page 2 September 14, 2021 COMMUNITY DEVELOPMENT DEPARTMENT PENDING ITEMS (continued) Property Location File # AP Applicant Status 22909 Lazy Trail Rd. (Addition and remodel to single family residence) DR, MCUP PL2021-05 JT Walt Petroske Under review 23121 Ridge Line Rd. (New single family residence) DR PL2020-31 NTE/ MN Pete Volbeda Third incomplete letter sent 8/13/21 – waiting for additional information 2631 Rocky Trail Rd. (Addition and remodel to single family residence) DR, MCUP PL2021-22 GL Katy Liu Third incomplete letter sent 8/24/21 – waiting for additional information Walnut Valley Unified School District (Billboard Ordinance) PL2021-43 GL/ MN WVUSD Under review 9.1 Packet Pg. 118 NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, Stella Marquez, Administrative Coordinator for the City of Diamond Bar, CA, declare as follows: I hereby certify, under penalty of perjury under the laws of the State of California that on September 9, 2021, 1 posted the September 14, 2021, Planning Commission Agenda, pursuant to Government Code Section 54950 et.seq. at the following locations: Diamond Bar City Hall, 21810 Copley Drive SCAQMD/Government Center, 21865 Copley Drive Heritage Park, 2900 Brea Canyon Road City website: www.diamondbarca.gov Due to COVID-19 closures, the agenda could not be posted at the following regular posting locations: Diamond Bar Library Executed on September 9, 2021, at Diamond Bar, California. Stella Marquez Community Development Dept. g�\\s\nflidavitpos�in6doc