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HomeMy WebLinkAbout09/13/2022PLANNING COMMISSION AGENDA ______________________________________________ Tuesday, September 13, 2022 6:30 PM Diamond Bar City Hall – Windmill Community Room 21810 Copley Drive, Diamond Bar, CA 91765 PUBLIC ADVISORY: Consistent with State Assembly Bill 361, members of the Planning Commission may be present or participate telephonically. Members of the public are encouraged to participate and address the Planning Commission during the public comment portion of the meeti ng either in person or via teleconference. If you would like to attend the meeting in person, please note that face coverings are recommended. _______________________________________________________________________ ______________________________________________________________________ How to Observe the Meeting From Home: Members of the public can observe the meeting by calling +1 (562) 247-8321 , Access Code: 130-586-806 or visiting https://attendee.gotowebinar.com/register/5851539735799189775 . How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to Planning@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting and 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. Alternatively, public comment may be submitted by logging onto the meeting through this link: https://attendee.gotowebinar.com/register/5851539735799189775 . 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. American Disability Act Accommodations: 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 Office (909) 839-7030 within 72 hours of the meeting. Commission recordings will be available upon request the day following the Planning Commission Meeting. CHAIRPERSON RAYMOND WOLFE VICE CHAIRPERSON KENNETH MOK COMMISSIONER NAILA BARLAS COMMISSIONER MAHENDRA GARG COMMISSIONER WILLIAM RAWLINGS 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, me mbers of the public may, during the Public Comment period address the Planning Commission on any Consent Calendar item or any matter not on the agenda and within th e Planning Commission’s subject matter jurisdiction. Any material to be submitted to the Pla nning 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 pe ople wishing to speak, the complexity of the matter, the length of the agenda, the hour and a ny other relevant consideration. Speakers may address the Planning Commission only once on an agenda item, except during public hearings, when the applicant/appel lant 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 7 2 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 Department, located at 21810 Copley Drive, and are available for public inspection upon request. If you have questions regarding 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 13, 2022 AGENDA Next Resolution No. 2022-14 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Naila Barlas, Mahendra Garg, William Rawlings, Kenneth Mok, Vice Chairperson, Raymond Wolfe, Chairperson 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 Planning Commission. 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 Planning Commission 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 item 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 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State Open Meeting Laws. 4.2 Minutes of the Planning Commission Special Meeting – July 27, 2022. 4.3 Minutes of the Planning Commission Regular Meeting – August 23, 2022. SEPTEMBER 13, 2022 PAGE 2 PLANNING COMMISSION 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Extension of Time for Development Review No. PL2018-100 – Under the authority of DBMC Section 22.66.050, the applicant and property owner are requesting a one-year time extension for Development Review (DR) No. PL2018-100. The project consists of the demolition of an existing 1,562 square-foot residence to facilitate the construction of a 2,527 square-foot single-family residence with an 821 square-foot garage and 782 square feet of patio/porch/balcony area on a 27,034 square-foot site. The project was approved on April 28, 2020, and was set to expire on April 27, 2022. An Extension of Time may be granted up to a maximum of one year from the expiration date. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low Density Residential. PROJECT ADDRESS: 340 Fern Place Diamond Bar, CA 91765 APPLICANT: Bao Pham, BPD Engineering 13902 Harbor Boulevard, Unit #2A Garden Grove, CA 92843 PROPERTY OWNER: Alan Lim 340 Fern Place Diamond Bar, CA 91765 ENVIRONMENAL DETERMINATION: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15303(a) (construction of a new single- family residence) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve the Extension of Time for Development Review No. PL2018-100, based on the findings of fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Development Review and Minor Conditional Use Permit No. PL2022-23 – Under the authority of DBMC Sections 22.48 and 22.56, the applicant and property owner are requesting Development Review SEPTEMBER 13, 2022 PAGE 3 PLANNING COMMISSION approval to construct the following improvements to an existing 1,698 square-foot, one-story single-family residence: • A 970 square-foot second-story addition with an 18 square-foot balcony; • A 50 square-foot front porch; • The conversion of the 450 square-foot garage into a Junior Accessory Dwelling Unit (JADU); and • An interior and exterior remodel to the entire residen ce. A Minor Conditional Use Permit is concurrently requested to allow the continuation of the following nonconforming development features: • 3’-6” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side is required); • 8’-6” and 8’-11” distances between adjoining structures (where 15 feet is required); and • A 10’-6” rear setback (where 20 feet is required). PROJECT ADDRESS: 20948 Moonlake Street Diamond Bar, CA 91789 APPLICANT: Efrain Coronado 151 S. 9th Avenue #A City of Industry, CA 91746 PROPERTY OWNER: Javier Mendoza 20948 Moonlake Street Diamond Bar, CA 91789 ENVIRONMENAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Bas ed 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) (minor additions to existing structures) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve the Development Review & Minor Conditional Use Permit Planning Case No. PL2022-23, based on the findings of fact, and subject to the conditions of approval as listed within the draft resolution. 7.3 Tentative Parcel Map and Parking Permit No. PL2022-07 – The applicant is requesting approval to subdivide an existing 2.09 -acre commercial property into two separate parcels. No new construction is proposed, and there will be no physical changes to the buildings and property. The following entitlements are requested: (1) Tentative Parcel SEPTEMBER 13, 2022 PAGE 4 PLANNING COMMISSION Map No. 83708 to subdivide an existing commercial property into two separate parcels; and (2) Parking Permit to share driveway access and parking between the newly created properties. The subject property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial (C). PROJECT ADDRESS: 2020 S. Brea Canyon Road Diamond Bar, CA 91789 APPLICANT: Sarah Bova Thienes Engineering, Inc. 14349 Firestone Blvd., La Mirada PROPERTY OWNER: Nathaniel E. Williams Metro Properties LLC 15243 La Cruz Drive #661 Pacific Palisades, CA 90272 ENVIRONMENAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Qu ality 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(k) (subdivision of existing commercial buildings, where no physical changes occur) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval of Tentative Parcel Map and Parking Permit No. PL2022-07, 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: CITY COUNCIL MEETING: Tuesday, September 20, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 SEPTEMBER 13, 2022 PAGE 5 PLANNING COMMISSION 11. ADJOURNMENT: PARKS AND RECREATION MEETING: Thursday, September 22, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 PLANNING COMMISSION MEETING: Tuesday, September 27, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 CITY COUNCIL MEETING: Tuesday, October 4, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 4.1 MEETING DATE: September 13, 2022 CASE/FILE NUMBER: ASSEMBLY BILL 361 FOR MEETINGS OF THE PLANNING COMMISSION PROJECT LOCATION: Citywide SUBJECT: Continued use of teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State open meeting laws. BACKGROUND/ANALYSIS: The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of a local agency be open and public, that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings – with some exceptions as defined under the law. In response to the continued impact of the COVID-19 pandemic, the California Legislature passed Assembly Bill 361 (AB 361), which authorizes a local agency to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to t he health or safety of attendees. The Planning Commission utilized the provisions of AB 361 on August 23, 2022. In order to continue to have the ability to use the modified teleconferencing options, AB 361 requires that the Planning Commission re-affirm its findings every 30 days. Conditions under which AB 361 may be utilized continue to exist as described in the attached Resolution (Attachment A). The provisions of AB 361 allowing the modified teleconferencing will expire January 1, 2024. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 4.1 Packet Pg. 8 ASSEMBLY BILL 361 FOR MEETINGS OF THE PLANNING COMMISSION Page 2 of 2 RECOMMENDATION: Adopt the attached Resolution (Attachment A), providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Planning Commission. PREPARED BY: REVIEWED BY: Attachments: A. AB 361 Brown Act Resolution (PC) Sept13, 2022 4.1 Packet Pg. 9 RESOLUTION NO. 2022-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE PLANNING COMMISSION SUBJECT TO STATE OPEN MEETING LAWS. WHEREAS, on March 4, 2020, California Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic; WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor Newsom issued Executive Orders that required, among other things, residents of California to follow orders and guidance of local public health officials, including social distancing and masking requirements; WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public, that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings; WHEREAS, the Brown Act permits members of legislative bodies to teleconference into public meetings subject to certain conditions, including that the place from which the member teleconferences be open to the public , that an agenda be posted on the site, and that the teleconference location be noticed in the agenda; WHEREAS, in recognition that such public gatherings at such meetings could accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended, among others, these Brown Act teleconferencing requirements to provide local agencies with greater flexibility to hold meetings via teleconferencing safely; WHEREAS, pursuant to the Emergency Services Act (Government Code sections 8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City Council of the City of Diamond Bar has proclaimed the continued existence of a local emergency resulting from the COVID-19 pandemic; WHEREAS, as of September 30, 2021, the Governor’s Executive Order suspending the Brown Act’s teleconferencing requirements is set to expire; WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361), which authorizes a local agency to continue to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees; 4.1.a Packet Pg. 10 2 Draft PC Resolution No. 2022-XX WHEREAS, both Los Angeles County and state health officials continue to recommend social distancing due to a recent increase in COVID-19 cases believe to be caused by the so- call Omicron Variant; WHEREAS, the Planning Commission must approve a Resolution reaffirming that the requirements set forth in AB 361 exist every 30 days in order to allow members of its legislative bodies to utilize the provisions of AB 361 when attending public meetings via teleconferencing; and WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the Brown Act, are now holding modified public meetings in person, there may be situations in which a member of one of these legislative bodies decides not to attend in person due to a particular health or safety risk posed by such attendance and as such, it is the Planning Commission’s desire to permit members of the Planning Commission to attend by way of teleconference pursuant to AB 361 due to health and safety concerns associated with COVID-19. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Planning Commission of the City of Diamond Bar as follows: 1. That the above recitals are true and correct. and based thereon, that the spread and potential further spread of COVID-19 poses an imminent risk to the public health and safety. 2. That a state of emergency due to the COVID-19 pandemic continues to exist and at the time that this Resolution was adopted both Los Angeles County and State health officials are recommending social distancing to slow the spread of COVID-19. 3. That meeting in person may pose an imminent risk to the health and safety of some attendees, including members of the Planning Commission, who due to age, health conditions, or vaccination status, have a higher risk of contracting COVID-19 and are more likely to get severely ill and in some cases, die from COVID-19. 4. That during the effective period of this Resolution and any reaffirmation thereof, members of the Planning Commission may participate in meetings subject to the Brown Act by way of teleconference in accordance with AB 361. 5. That meetings shall be held in accordance with AB361 by, among other things, providing notice to the public how it can access the meeting and provide public comment, providing an opportunity for the public to attend via a call-in or an internet-based service option, conducing the meeting in a manner which protects the statutory and constitutional rights of the public, and stopping the meeting until public access is restored in the event of a service disruption. 4.1.a Packet Pg. 11 3 Draft PC Resolution No. 2022-XX IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its adoption date and must be affirmed/acknowledged every 30 days by the Planning Commission of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply to teleconferencing by members of the Planning Commission. APPROVED AND ADOPTED THIS 13th DAY OF SEPTEMBER, 2022 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ Raymond Wolfe, Chair 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 13TH day of SEPTEMBER, 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ______________________________________ Greg Gubman, Secretary 4.1.a Packet Pg. 12 MINUTES OF THE CITY OF DIAMOND BAR SPECIAL MEETING OF THE PLANNING COMMISSION JULY 27, 2022 Consistent with State Assembly Bill 361, members of the Planning Commission were present or participated telephonically. Members of the public were encouraged to participate and address the Planning Commission during the public comment portion of the meeting either in person or via teleconference and for those appearing in person, face coverings were recommended. CALL TO ORDER: Chair/Wolfe called the meeting to order at 6:30 p.m. in the Diamond Bar City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Garg led the Pledge of Allegiance. 1. ROLL CALL: Commissioners present: Naila Barlas, Mahendra Garg (telephonically); Vice-Chair Kenneth Mok, and Chair Raymond Wolfe ABSENT: Commissioner William Rawlings Staff Present : Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Daniel Kim, Planning Intern; Stella Marquez, Administrative Coordinator. Staff present telephonically: Mayuko (May) Nakajima, Associate Planner; Dat Tran, Associate Planner Also present telephonically: John Douglas, AICP, JHD Planning, Housing Element Consultant 2. APPROVAL OF AGENDA: As presented 3. PUBLIC COMMENTS: None Offered. 4. CONSENT CALENDAR: 4.1 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State Open Meeting Laws. C/Garg moved, VC/Mok seconded, to approve Item 4.1. Motion carried by the following Roll Call vote: 4.2 Packet Pg. 13 ________________________________________________________________________ JULY 27, 2022 PAGE 2 PLANNING COMMISSION SPECIAL MEETING ________________________________________________________________________ AYES: COMMISSIONERS: Barlas, Garg, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Rawlings 4.2 Minutes of the Planning Commission’s Regular Meeting of May 24, 2022. VC/Mok moved, C/Barlas seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Rawlings 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Development Review No. PL2021-83 – Under The authority of Diamond Bar Municipal Code Section 22.58, the applicant Chen Kun Lee, and property owner Shaun H. Chen, requested Development Review approval for a 726 square-foot addition, 144 square-foot porch, 60 square-foot balcony, 294 square-foot patio and an exterior and interior remodel to an existing 1,472 square-foot single- family residence on a 7,240 square-foot lot. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low-Medium Residential (RLM). PROJECT ADDRESS: 20221 Damietta Drive Diamond Bar, CA 91789 APPLICANT: Chen Kun Lee 21303 Pinehill Lane Diamond Bar. CA 91765 PROPERTY OWNER: Shaun H. Chen 5308 Bartlett Avenue San Gabriel, CA 91776 PI/Kim presented staff’s report and recommended Planning Commission approval of Development Review No. PL2021 -83, based on the findings of fact, and subject to the conditions of approval as listed within the resolution. Chair/Wolfe opened the public hearing. 4.2 Packet Pg. 14 ________________________________________________________________________ JULY 27, 2022 PAGE 3 PLANNING COMMISSION SPECIAL MEETING ________________________________________________________________________ With no one wishing to speak on this matter, Chair/Wolfe closed the public hearing. C/Barlas moved, C/Garg seconded, to approve Development Review No. PL2021-83, 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, Garg, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Rawlings 7.2 Diamond Bar 2021-2029 Housing Element Update – The City of Diamond Bar has prepared a revised Housing Element (Chapter 9 of the General Plan for the 2021-2029 planning period). The Housing Element includes analyses of the community’s housing needs, opportunities and constraints as well as, policies and programs to facilitate the construction, rehabilitation and preservation of housing for all economic segments of the community. John Douglas, Consultant, presented the report and recommended the Planning Commission adopt a resolution for City Council approval of the revised 2021-2029 Housing Element Update. Chair/Wolfe opened the public hearing. Paul Deibel, speaking telephonically, talked about the need for more affordable and inclusionary housing to accommodate young buyers who wished to remain in the community and felt that an increase in housing density to 30 units per acre within the town center area; as well as other focus areas was a step in the right direction. Chair/Wolfe closed the public hearing. VC/Mok moved, C/Barlas seconded to recommend City Council adoption of the revised 2021-2029 Housing Element Update. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Rawlings, 4.2 Packet Pg. 15 ________________________________________________________________________ JULY 27, 2022 PAGE 4 PLANNING COMMISSION SPECIAL MEETING ________________________________________________________________________ 8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: C/Barlas was happy to see residents participating in the Town Center Workshop , hoped for greater community involvement going forward and felt there should be more affordable housing opportunities in Diamond Bar. VC/Mok was pleasantly surprised to see a number of participants at the Town Center Workshop and offered accolades to CDD/Gubman for keeping residents on target. Chair/Wolfe echoed VC/Mok’s sentiments. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman stated that both the August 9th and 23rd meetings are cancelled and from August 22nd through the 26th staff and the consultant team will conduct a week- long Town Center Design Charrette in the Windmill Community Room 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the Special Planning Commission meeting at 7:32 p.m. The foregoing minutes are hereby approved this 13th, Day of September, 2022. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director _____________________________ Raymond Wolfe, Chairperson 4.2 Packet Pg. 16 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 23, 2022 This meeting was held telephonically with no Planning Commissioners, staff or members of the public appearing in a designated meeting location. CALL TO ORDER: Chair/Wolfe called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE: Vice Chair /Mok led the Pledge of Allegiance. 1. ROLL CALL: Commissioners present: Naila Barlas, Mahendra Garg; William Rawlings, Vice-Chairman Kenneth Mok, and Chairman Raymond Wolfe Staff Present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Stella Marquez, Administrative Coordinator. 2. APPROVAL OF AGENDA: As presented 3. PUBLIC COMMENTS: None Offered. 4. CONSENT CALENDAR: 4.1 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State Open Meeting Laws. C/Rawlings moved, C/Garg seconded, to approve Item 4.1. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): None 8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: VC/Mok visited the Town Center Specific Plan charrette on Monday, August 22, during which he witnessed three business owners and one resident participating. 4.3 Packet Pg. 17 ___________________________________________________________________________ AUGUST 23, 2022 2 PLANNING COMMISSION __________________________________________________________________________ C/Barlas has not been able to attend the charrette meetings and it was good to hear VC/Mok’s update. C/Rawlings thanked VC/Mok for his update on the charrette and suggested the meetings be posted on the DB Facebook page. Chair/Wolfe asked how many non-staff individuals have visited the charrette. CDD/Gubman said that approximately 40 attended Monday night’s presentation. Attendees have been very engaged, asked many good questions and provided good suggestions and ideas that are being included in the posted maps in the Windmill Room. CDD/Gubman responded to Chair/Wolfe that charrette meetings are advertised on the City’s website and he will check with the City’s Public Information staff to verify that the information is being promoted via the various social media outlets. Chair/Wolfe wished everyone a great Labor Day weekend. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman announced that the September 13th agenda consists of four items, a second story addition on Moonlake, a two-lot subdivision for the commercial center located on the northeast corner of Brea Canyon Road and Pathfinder Road, an Extension of Time for a pre-approved new home, as well as the continuation resolution for AB 361. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the Special Planning Commission meeting at 6:40 p.m. The foregoing minutes are hereby approved this 13th day of September, 2022. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director _____________________________ Raymond Wolfe, Chairperson 4.3 Packet Pg. 18 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: September 13, 2022 CASE/FILE NUMBER: Extension of Time for Development Review No. PL2018-100 CASE/FILE NUMBER: Extension of Time for Development Review No. PL2018-100 PROJECT LOCATION: 340 Fern Place Diamond Bar, CA 91765 GENERAL PLAN DESIGNATION: Low Density Residential ZONING DISTRICT: Low Density Residential (RL) PROPERTY OWNER: Alan Lim 340 Fern Place Diamond Bar, CA 91765 APPLICANT: Bao Pham BPD Engineering 13902 Harbor Boulevard, Unit #2A Garden Grove, CA 92843 SUMMARY: The applicant, on behalf of the property owner, is requesting a one-year time extension to obtain building permits and commence construction of a new 2,527 square-foot single-family residence with an 821 square-foot garage and 782 square feet of patio/porch/balcony area on a 27,034 square -foot lot. The Planning Commission first approved the project on April 28, 2020, with a two-year deadline to begin construction. A time extension may be granted up to a maximum of one year when a request for an extension of time, with good cause, is submitted to the Community Development CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 19 Extension of Time for Development Review No. PL2018-100 Page 2 of 4 Department. If approved, the construction commencement deadline will be extended to April 27, 2023. RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving the extension of time for Development Review (DR) No. PL2018-100, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.66.050, subject to conditions. BACKGROUND: On April 28, 2020, the Planning Commission approved Development Review (DR) No. PL2018-100, to demolish an existing 1,562 square-foot residence and construct a 2,527 square-foot single-family residence with an 821 square-foot garage and 782 square feet of patio/porch/balcony area on a 27,034 square-foot lot. The project site is located on Fern Place at the east side of the cul -de-sac, south of Armitos Place. The property is legally described as Lot 7 of Tract No. 42584, and the Assessor’s Parcel Number (APN) is 8281-002-029. The property was originally developed in 1985 under Los Angeles County standards with a 1,562 square -foot, single-family residence and garage on a 27,034 square-foot lot. There are no protected trees on the property. The original approval for the project included a two-year timeframe to obtain building permits. Building permits have not been approved and no construction activities have occurred. The staff report and resolution from the April 28, 2020, Planning Commission meeting are included in Attachment B. ANALYSIS: Review Authority (Diamond Bar Municipal Code Section 22.66.050) The Planning Commission has the authority and discretion to grant a time extension if it finds that the applicant has proceeded in good faith to obtain building permits and commence construction. The project status that follows provides the basis for staff’s recommendation to approve the extension of time. Project Status The applicant submitted plans for building permits in July 2020. The Building and Safety Division requested corrections for building code compliance in August 2020. Due to the COVID-19 pandemic, the applicant suffered a staffing shortage and their offices were closed for a period of time. As a result, the applicant was unable to resubmit plans until August 2021. 7.1 Packet Pg. 20 Extension of Time for Development Review No. PL2018-100 Page 3 of 4 Since August 2021, the applicant has been making progress. Subsequent rounds of submittals and response occurred between August 2021 and February 2022. As of the writing on this staff report, all corrections have been resolved. Approval of the buil ding permit is pending the approval of this extension of time request. The applicant has also been working with the Public Works Department to resolve remaining corrections on the grading plans for the project. The applicant last received City comments and corrections in January 2021. Due to the delays caused by the applicant’s civil engineering subconsultant, the applicant was unable to move forward with resubmittal in a timely manner. The applicant has since hired a new subconsultant and resubmitted plans in May 2022. The applicant submitted a request for an extension of time on March 27, 2022, which included as Attachment C. If the extension of time is approved, the new expiration date for the DR will be April 27, 2023. The extension of time does not c hange the approved project in any way. The conditions of approval set forth in the Planning Commission Resolution No. 2020-10 will not change with the approval of an extension of time. NOTICE OF PUBLIC HEARING: On August 30, 2022, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site, and the notice was published in the San Gabriel Valley Tribune newspaper on September 2, 2022. 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 Environm ental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15303(a) (construction of a new single-family residence) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: 7.1 Packet Pg. 21 Extension of Time for Development Review No. PL2018-100 Page 4 of 4 REVIEWED BY: Attachments: A. Draft Resolution No. 2022-XX B. PC Approved Plan on April 28, 2020 C. Time Extension Letter Request Dated March 27, 2022 D. Planning Commission Resolution No. 2020-10 E. Planning Commission Staff Report Dated April 28, 2020 7.1 Packet Pg. 22 PLANNING COMMISSION RESOLUTION NO. 2022-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. PL2018-100, TO DEMOLISH AN EXISTING 1,562 SQUARE-FOOT RESIDENCE AND CONSTRUCT OF A NEW 2,527 SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH AN 821 SQUARE-FOOT GARAGE AND 782 SQUARE FEET OF PATIO/PORCH/BALCONY AREA ON A 27,034 SQUARE-FOOT LOT LOCATED AT 340 FERN PLACE, DIAMOND BAR, CA (APN 8281-002-029). A. RECITALS 1. On April 28, 2020, the Planning Commission approved Development Review No. PL2018-100 to demolish an existing 1,562 square-foot residence and construct a 2,527 square-foot single-family residence with an 821 square-foot garage and 782 square feet of patio/porch/balcony area on a 27,034 square-foot lot. The project site is more specifically described as 340 Fern Place, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Development Review shall collectively be referred to as the “Project” or “Proposed Use.” 2. The subject property consists of one parcel totaling 27,034 square feet (0.62 gross acres). It is located in the Low Density Residential (RL) zone and is consistent with the Low Density Residential land use designation of the General Plan. 3. The Assessor’s Parcel Number is 8281-002-029. 4. Section 22.66.050 of the Diamond Bar Municipal Code authorizes the Planning Commission to grant time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions . 5. On March 27, 2022, the applicant, Bao Pham, BPD Engineering, on behalf of owner, Alan Lim, has filed a request for a one-year extension of time for the Project. 6. On August 30, 2022, public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site. On September 2, 2022, 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. 7. On September 13, 2022, 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 7.1.a Packet Pg. 23 2 PC Resolution No. 2022-XX 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. On August 28, 2020, the Planning Commission determined the Project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15303(a) (construction of a new single-family residence) of the CEQA Guidelines. No further environmental review is required to extend the time limit for the approved project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findings Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.66.050, this Planning Commission hereby finds as follows: 1. On the filings of a request for extension by the applicant at least 30 days before the expiration, the original review authority may extend the time to establish an approved permit. The applicant has submitted a request for a one -year extension of time to the City on March 27th, 2022, which complies with the filing deadline of March 28th, 2022. 2. The permittee has made a good faith effort to establish the permit and has exercised due diligence in seeking to establish the permit. The burden of proof is on the permittee to establish, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended . The applicant submitted plans for building permits in July 2020. The Building & Safety Division requested corrections for building code compliance in August 2020. Due to the COVID-19 pandemic, the applicant suffered staffing shortage and their offices were closed for a period of time. As a result, the applicant was unable to resubmit plans until August 2021. Since August 2021, the applicant has been making progress. Subsequent rounds of submittals and response occurred between August 2021 and February 2022. As of the writing on this staff report, all corrections have been resolved. Approval of the building permit is pending the approval of this extension of time request. The applicant has also been working with the Public Works Department to resolve remaining corrections on the grading plans for the project. The applicant last received City comments and corrections in January 2021. Due to the delays caused by the applicant’s civil engineering subconsultant, the applicant was 7.1.a Packet Pg. 24 3 PC Resolution No. 2022-XX unable to move forward with resubmittal in a timely manner. The applicant has since hired a new subconsultant and resubmitted plans in May 2022. Based on the findings and conclusions set forth above and as prescribed under DBMC Section 22.66.050, this Planning Commission hereby approved the Application subject to the following conditions: 1. The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 2. All conditions of approval for Development Review No. PL2018-100 approved by Planning Commission Resolution No. 2020-10 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Development Review No. PL2018-100 to April 27, 2023. 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 applicant, Bao Pham, BPD Engineering, and owner, Alan Lim. APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 2022, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Raymond Wolfe, 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 13th day of September, 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 7.1.a Packet Pg. 25 7.1.bPacket Pg. 26 JAN. 4, 2019#Description2018-161DATE:PROJECT NO.:drawing no.drawing titleDateGENERAL CONTRACTORstampSTATE OF CALI FOR NIA R EGISTER E D PROFESSIONAL ENGINEERB A O D. PHAMCIVILEXP. 06-30-2020C 60087BDP Engineering, Inc.13902 Harbor Blvd, #AGarden Grove, CA 92843Phone: (909) 538-7067Email: bao@bdpeng.com340 Fern Pl Diamond Bar, CA 91765 21 PROPERTY MANAGEMENT LLC. NEW CUSTOM HOMEA-0EXISTINGSITE PLANEXISTING SITE PLAN17.1.bPacket Pg. 27 JAN. 4, 2019#Description2018-161DATE:PROJECT NO.:drawing no.drawing titleDateGENERAL CONTRACTORstampSTATE OF CALI FOR NIA R EG ISTER E D PROFESSIONAL ENGINEERB A O D. PHAMCIVILEXP. 06-30-2020C 60087BDP Engineering, Inc.13902 Harbor Blvd, #AGarden Grove, CA 92843Phone: (909) 538-7067Email: bao@bdpeng.com340 Fern Pl Diamond Bar, CA 91765 21 PROPERTY MANAGEMENT LLC. NEW CUSTOM HOME A-1ROOF PLANSLOW ROOF PLAN1TYP. WATER CLOSETHIGH ROOF PLAN27.1.bPacket Pg. 28 JAN. 4, 2019#Description2018-161DATE:PROJECT NO.:drawing no.drawing titleDateGENERAL CONTRACTORstampSTATE OF CALI FOR NIA R EG ISTER E D PROFESSIONAL ENGINEERB A O D. PHAMCIVILEXP. 06-30-2020C 60087BDP Engineering, Inc.13902 Harbor Blvd, #AGarden Grove, CA 92843Phone: (909) 538-7067Email: bao@bdpeng.com340 Fern Pl Diamond Bar, CA 91765 21 PROPERTY MANAGEMENT LLC. NEW CUSTOM HOME A-21ST FLOORPLANS1ST FLOOR PLAN17.1.bPacket Pg. 29 JAN. 4, 2019#Description2018-161DATE:PROJECT NO.:drawing no.drawing titleDateGENERAL CONTRACTORstampSTATE OF CALI FOR NIA R EGISTER E D PROFESSIONAL ENGINEERB A O D. PHAMCIVILEXP. 06-30-2020C 60087BDP Engineering, Inc.13902 Harbor Blvd, #AGarden Grove, CA 92843Phone: (909) 538-7067Email: bao@bdpeng.com340 Fern Pl Diamond Bar, CA 91765 21 PROPERTY MANAGEMENT LLC. NEW CUSTOM HOMEA-32ND FLOORPLANS2ND FLOOR PLAN1TYP. WATER CLOSET7.1.bPacket Pg. 30 JAN. 4, 2019#Description2018-161DATE:PROJECT NO.:drawing no.drawing titleDateGENERAL CONTRACTORstampSTATE OF CALI FOR NIA R EG ISTER E D PROFESSIONAL ENGINEERB A O D. PHAMCIVILEXP. 06-30-2020C 60087BDP Engineering, Inc.13902 Harbor Blvd, #AGarden Grove, CA 92843Phone: (909) 538-7067Email: bao@bdpeng.com340 Fern Pl Diamond Bar, CA 91765 21 PROPERTY MANAGEMENT LLC. NEW CUSTOM HOME A-4EXISTINGELEVATIONNORTH WEST ELEVATION 2SOUTH EAST ELEVATION 17.1.bPacket Pg. 31 JAN. 4, 2019#Description2018-161DATE:PROJECT NO.:drawing no.drawing titleDateGENERAL CONTRACTORstampSTATE OF CALI FOR NIA R EG ISTER E D PROFESSIONAL ENGINEERB A O D. PHAMCIVILEXP. 06-30-2020C 60087BDP Engineering, Inc.13902 Harbor Blvd, #AGarden Grove, CA 92843Phone: (909) 538-7067Email: bao@bdpeng.com340 Fern Pl Diamond Bar, CA 91765 21 PROPERTY MANAGEMENT LLC. NEW CUSTOM HOME A-5EXISTINGELEVATIONWEST ELEVATION 2EAST ELEVATION 17.1.bPacket Pg. 32 JAN. 4, 2019#Description2018-161DATE:PROJECT NO.:drawing no.drawing titleDateGENERAL CONTRACTORstampSTATE OF CALI FOR NIA R EG ISTER E D PROFESSIONAL ENGINEERB A O D. PHAMCIVILEXP. 06-30-2020C 60087BDP Engineering, Inc.13902 Harbor Blvd, #AGarden Grove, CA 92843Phone: (909) 538-7067Email: bao@bdpeng.com340 Fern Pl Diamond Bar, CA 91765 21 PROPERTY MANAGEMENT LLC. NEW CUSTOM HOME A-6ELEVATIONNORTH WEST ELEVATION 2SOUTH EAST ELEVATION 17.1.bPacket Pg. 33 JAN. 4, 2019#Description2018-161DATE:PROJECT NO.:drawing no.drawing titleDateGENERAL CONTRACTORstampSTATE OF CALI FOR NIA R EG ISTER E D PROFESSIONAL ENGINEERB A O D. PHAMCIVILEXP. 06-30-2020C 60087BDP Engineering, Inc.13902 Harbor Blvd, #AGarden Grove, CA 92843Phone: (909) 538-7067Email: bao@bdpeng.com340 Fern Pl Diamond Bar, CA 91765 21 PROPERTY MANAGEMENT LLC. NEW CUSTOM HOME A-7ELEVATION WEST ELEVATION 2 EAST ELEVATION 1ADHERE STONE VENEER DETAIL54SCREED AT FOUNDATION WALLWALL FLASHING3EAVE DETAIL67.1.bPacket Pg. 34 BDPArchitectural ● Interior ● DesignStructural Engineering ● Residential ● CommercialEmail: bao@bdpeng.comBao Cell: (909) 538-7067CONSULTANTENGINEERING13902 Harbor Blvd. #2AGarden Grove, CA 92843AS REFERENCED 2018-161 #REVISION DATE STAT E OF CALIFORNIAREGISTERED PROFESSION AL E NGI NEERBAO D. PHA MCIV IL EXP. 06-30-2020 C 60087 SCALE: 3/32 " = 1'- 0" PLANTING PLAN NOTES: MULCH SPECIFICATIONS: MULCH NOTE: FOR GROUND COVER PLANTS AS PER 153.536 C. 1. MULCH MUST BE CONFINED TO AREAS UNDERNEATH SHRUBS AND TREES AND IS NOT A SUBSTITUTE HAVE LENGTHS FROM 2 TO8 INCHES, WITH A WIDTH AND THICKNESS FROM 1/8 TO 1-1/2 INCHES. TREES WITH A HIGH LENGTH-TO-WIDTH RATIO. A MINIMUM OF 95 PERCENT OF THE STRANDS MUST SHREDDED BARK MULCH MUST A BLEND OF LOOSE, THIN WOOD OR BARK PIECES DERIVED FROM SHREDDED BARK MULCH LEGEND: (N) CONCRETE (N) TURF TO CONFORM TO SOIL ANALYSIS REPORT RECOMMENDATIONS. BIDDING PURPOSES ONLY. CONTRACTOR SHALL ADJUST ACTUAL AMENDMENTS AND BACKFILL MIXES TO GRADING WORK. ANY SOIL AMENDMENTS AND FERTILIZER LISTED IN THE SPECIFICATIONS ARE FOR FINAL GRADING AND BEFORE PLANTING, AS THE SURFACE SOIL IN LANDSCAPE AREAS MAY CHANGE DUE REPORT AND SPECIFIC AMENDMENT RECOMMENDATIONS. SOIL TESTING SHALL BE DONE FOLLOWING 2. CONTRACTOR SHALL OBTAIN SOIL TEST FOR AGRICULTURAL SUITABILITY INCLUDING A SOILS ANALYSIS SOIL TEST REQUIREMENT 4TYP PLDIVIDER (TYP) SEE DETAILS 1 1" X 4" BEND- A - BOARD TOTAL TURF AREA 2,536 S.F.TOTAL LANDSCAPE AREA (LA) NORTH 535 S.F. 2 TYP W/M 5TYP 1TYP 6 TYP 4TYP 5 TYP 4 TYP 13 12 12 12 12 14 12 16 15 15 15 15 PL 7 TYP 8 TYP 17 2-STORY HOUSE 3-CAR GARAGE PORCH PATIO (N) DRIVEWAY (E) HARDSCAPE (E) HARDSCAPE (E) HARDSCAPE (E) PLANTER (E) POOL BARRIER (E) POOL (E) PLANTER PAVER (E) PERMEABLE PLPL PL (E) CONCRETE CHANNELASCENDING SLOPE ASCENDING SLOPE ASCENDING SLOPE (E) SIDEWALK (E) SI DEWALK17 17 17 17 REMOVE (E) TREE REMOVE (E) TREE REMOVE (E) TREE REMOVE (E) TREE (E) (E) (E) (E) (E) (E) (E) (E) (E) (E) (E)(E) "TABLE MOUNTAIN" DELOSPERMA COOPERI PINK ICE PLANT COVER (E) GROUND (E) PERMEABLE PAVER 11 (E)17 6. SEE ARCHITECTURE AND CIVIL PLANS FOR EXACTLY DIMENSION AND SPECIFICATION. DISPENSER EVENLY THROUGHOUT ALL PLANTING AREAS EXCEPT TURF AREA. 5. SHREDDED WOOD CHIPS 1"-3" LENGTH, 3/8"-5/8" DIAMETER, 3" MIN THICK 4. ALL LANDSCAPING SHALL BE MAINTAINED IN A NEAT AND HEALTHY CONDITION. 3. ALL PAVEING AREAS SHALL BE KEPT CLEAN AND FREE OF DUST,MUD OR TRASH. DURING THE COURSE OF CONSTRUCTION. 2. EXISTING TREE INDICATE TO BE REMAINED SHALL BE PRESERVED AND PROTECTED 1. ROOT BARRIERS SHALL BE PROVIDED FOR ALL TREES WITHIN 5' OF HARDSCAPE. RESIDUES HARMFUL TO PLANT OR ANIMAL LIFE. THE SPECIFIED PARTICLE SIZE, SALTS,PAINT, PETROLEUM, PESTICIDES OR OTHER CHEMICAL GLASS,PLASTIC, METALS, CLODS, WEEDS WEED SEEDS, COARSE OBJECTS, STICKS LARGER THAN 1. MULCH MUST NOT CONTAIN MORE THAN 0.1 PERCENT OF DELETERIOUS MATERIALS SUCH AS ROCK, (N) 2'-6" RETAINING WALL LC 15 (E) HARDSCAPEASCENDING SLOPE ASCENDING SLOPE ASCENDING SLOPE (E) CONCRETE CHANNEL(E) PLANTER NREF LP (E) (E) JOB SITE VERIFY EXACT LOCATION (E) WATER METER L-1 PLANTING PLAN LANDSCAPE 1 2 3 4 5 6 7 BOTANICAL NAME COMMON NAME TYPE SIZE SHRUB SHRUB ITEM NO.SYMBOL QUANTITY "SUNSET" CISTUS X PULVERULENTUS MAGENTA ROCKROSE SHRUB SHRUBFRENCH LAVENDER 8 SHRUB SHRUB 1 GAL 9 10 11 FLAT COVER GROUND 12" O.C 25' X 10' 2' X 3' 3' X 3' 2' X 2' WATER NEED FROM WULCOLS LAVANDULA DENTATA LOW LOW 15 GAL 3' X 2'LOW LOW LOW 30 LOW DYMONDIA MARGARETAE DYMONDIA 1 GAL 1 24 28 19 28 28 HEIGHT X SPREAD MATURE SIZE PODOCACPUS MACROPHYLLUS YEW PINE TREE MODERATE ROSA x "NOAMEL"APPLEBLOSSOM ROSE CALLISTEMON "LITTLE JOHN" BOTLEBRUSH LITTLE JOHN DWARF 1' 6" X 1'6" "WINKY BLUE & WHITE" AQUILEGIA CAERULEA COLUMBINE WINKY BLUE & WHITE 1'6" X 1'0" 5 GAL 2 LOWHARDENBERGIA COMPTONIANA VINE VINE TALL FISCUE SODMARTHON II LAWN SOD MODERATE 190 S.F. PLANTING LEGEND 3 TYP 9TYP 10TYP REMOVE (E) TREE 11 12 EUCALYPTUS POLYANTHEMOS SILVER DOLLAR EUCALYPTUS TREE (E)5 PINUS HALEPENSIS TREE (E)ALEPPO PINE 113 14 AGONIS FLEXUOSA AUSTRALIAN WILLOW MYRTLE TREE (E)1 15 16 CUNNINGHAMANA ARCHONTOPHOENIX KING PALM TREE (E)6 TREE (E)1THUJA OCCIDENTALIS "EMERALD"AMERICAN ARBORVITAE TO BE PROTECTED IN PLACE 21 MANAGEMENT PROPERTY LLC.NEW CUSTOM HOMEDIAMOND BAR, CA 91765340 FERN PLACECOVER GROUND 17 (E) TREE 24" CERCIS OCCIDENTALIS CALIFORNIA REDBUD 30' X 15'LOW3 1 TYP (N) CONC. WALKWAYLILAC VINE HEUCHERA MAXIMA 5 GAL 5 GAL 5 GAL 5 GAL ISLAND ALUM ROOT PLANT MATERIAL OF MIX REQUIRED PERCENTAGE 24-INCH BOX 15-GALLON 5-GALLON 1-GALLON (HERBACEOUS ONLY) SHRUBS TREES GROUNDCOVER 20% 80% 70% 30% COVERAGE WITHIN 2 YEARS 100% REQUIRED MIX OF PLANT MATERIALS TOTAL LANDSCAPE AREA EFFICIENT USE OF WATER IN THE LANDSCAPE DESIGN PLAN. LANDSCAPE REQUIREMENT PER ORDINANCE NO. 06 (2015) AND APPLIED THEM FOR THE I HAVE COMPLIED WITH THE CRITERIA OF THE CITY OF DIAMOND BAR WATER CONSERVATION 1 TYP 113.76' PROPERTY LINE89.81' PROPERTY LINE 49.20' PROPERTY LINE 161.77' PROPERTY LINE74.26' PROPERTY LINE 67.16' PROPERTY LINE29.88' PROPERTY LINE 64.99' P R O P E R T Y LI N EEXSISTING 7' W.I FENCE (24" CMU)EXSISTING 6' CMU EXSISTING 7' W.I FENCE (24" CMU)EXSISTING 7' W.I FENCE (24" CMU)EXSISTING 7' W.I FENCE (24" CMU)7.1.b Packet Pg. 35 8 1 1 Know what'sbelow.Callbefore you dig. 7.1.b Packet Pg. 36 7.1.b Packet Pg. 37 7.1.b Packet Pg. 38 Architectural and Engineering Services 13902 Harbor Blvd #2A, Garden Grove, CA 92843 Tel: (909) 538-7067 Email: info@bdpeng.com March 27, 2022 Project Address: 340 Fern Pl Diamond Bar, CA 91765 RE: Request Permit Time Extensions Dear Mr. Dat Tran: We would like to request permit time extensions. Due to Covid, we were short in staffs and our office were closed for an extensive time. The building permit plans were first submitted in July 2020. There have been 4 cycle of plan check corrections. We first submitted the building plans in July 2020, received corrections in August 2020, and then resubmitted in August 2021. This was a result of our staff couldn’t work on it for a full year due to Covid. The 2nd-4th rounds of submittals occurred in August-October 2021 and January-February 2022. The Building Department is currently in plan check the latest revised plans. For the grading plans, we received the correction in January 2021 and we are scheduled to resubmit the plan in May 2022. The reason for the delay was that the consultant who originally working on the project stopped working on the project and we have hard time contacting him. We terminated the contract with him in August 2021. We were having a hard time finding other consultant to take on the project. We found a new consultant to work on the project in November 2021. Sincerely, Bao Pham, P.E Principal Phone: 909-538-7067 Email: bao@bdpeng.com C 60087 7.1.c Packet Pg. 39 7.1.d Packet Pg. 40 7.1.d Packet Pg. 41 7.1.d Packet Pg. 42 7.1.d Packet Pg. 43 7.1.d Packet Pg. 44 7.1.d Packet Pg. 45 7.1.d Packet Pg. 46 7.1.d Packet Pg. 47 7.1.d Packet Pg. 48 PROJECT LOCATION: 340 Fern Place Diamond Bar, CA 91765 (APN 8281-002-029) GENERAL PLAN DESIGNATION: Low Density Residential (RL) ZONING DISTRICT: Low Density Residential (RL) PROPERTY OWNER: 21 Property Management LLC 340 Fern Place Diamond Bar, CA 91765 APPLICANT: Bao Pham BDP Engineering 13902 Harbor Boulevard #2A Garden Grove, CA 92863 SUMMARY: The applicant is requesting approval of a Development Review (DR) application to demolish an existing 1,562 square-foot, single-story residence, and construct a new 2,658 square-foot, two-story single-family residence with 821 square feet of garage area and 1,008 square feet of porch/balcony/covered patio area on a 27 ,034 square-foot lot. RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving Development Review No. PL2018-100, based on the findings of Diamond Bar Municipal Code (DBMC) Sections 22.48, subject to conditions. 7.1.e Packet Pg. 49 BACKGROUND: The project site is located on Fern Place, on the east side of the cul-de-sac, south of Armitos Place. The property was developed in 1985 under Los Angeles County standards with a 1,562 square-foot, single-family residence and garage. There are no protected trees on the property. The property is legally described as Lot 7 of Tract No. 42584, and the Assessor’s Parcel Number (APN) is 8281-002-029. The application was originally scheduled for the January 22, 2019, Planning Commission meeting. Prior to the scheduled hearing, the neighbor to the north (330 Fern Place) contacted staff to express concerns that the proposed two-story house would create privacy issues and block sunlight during the winter months. On January 15, 2019, the applicant submitted a written request to postpone the hearing to address the neighbor’s concerns. The request for the postponement was received on the date that the Inland Valley Daily Bulletin and San Gabriel Valley Tribune published the legal ad, and after the public hearing notices were mailed to surrounding property owners. As a courtesy to property owners in the surrounding neighborhood, a notice of postponement was mailed on January 17, 2019. The applicant, neighbor, and staff subsequently worked together to resolve the concerns before bringing the matter before the Planning Commission. 7.1.e Packet Pg. 50 Site and Surrounding General Plan, Zoning and Land Uses The image below highlights the subject property: Site Aerial 7.1.e Packet Pg. 51 Project Site Adjacent Property to North (330 Fern Place) Adjacent Property to West (Across the Street – 355 Fern Place) 7.1.e Packet Pg. 52 The following table summarizes the land uses status of the subject property and its surroundings: General Plan Designation Zoning District Land Use Site Low Density Residential RL Single-Family Residential North Low Density Residential RL Single-Family Residential South Low Density Residential RL Single-Family Residential East Low Density Residential RL Single-Family Residential West Low Density Residential RL Single-Family Residential Project Description Site Plan: The subject property is an irregularly-shaped lot with a descending slope at the front (northwest corner) of the property and an ascending slope that start s at the center of the property to the south side property line. There are no easements or Restricted Use Areas on the property. There are existing accessory structures at the rear of the property—including a swimming pool, spa, paved patio area, and hardscape—that will remain on the property. There is an existing unpermitted detached patio cover toward the front of the property and a concrete waterfall/fountain located at the rear of the property, adjacent to the pool, which will be demolished during construction. The existing two-story house is situated on a leveled pad. The proposed house is situated toward the front of the lot, approximately 20 feet from the front property line and is proposed on the existing leveled pad. There will be no grading or site improvements proposed on the property. The height of the building is 29 feet, one inch measured from the finished grade to the highest point of the roofline. Floor Plan The proposed two-level house’s floor plan is comprised of the following compo nents: • First Floor – Common areas (entry, great room, kitchen, and dining room), one powder room, walk-in pantry, coat closet, linen closet, one bedroom with a bathroom and closet, three-car garage, porch, and covered patio. 7.1.e Packet Pg. 53 • Second Floor – Master suite with a bathroom and walk-in closet, two bedrooms with closets, one bathroom, laundry room, family room, and a covered balcony with access from the master bedroom. The floor area distribution is summarized below: PROJECT SUMMARY (square footage) Living Area First Floor 1,143 Second Floor 1,515 Total Living Area 2,658 Garage/Porch/Patio/Balcony Area Garage Area 821 Entry Porch 162 First Floor Patio 538 Second Floor Patio 308 Total Garage/Deck/Balcony Area 1,829 TOTAL FLOOR AREA 4,487 Grading Plan The applicant is proposing to cut 88 cubic yards of soil and fill 23 cubic yards of soil to expand the building pad at the south side of the property. Therefore, 65 cubic yards would have to be exported from the site. Standard dump truck capacities range from 10 to 15 cubic yards, so the proposed amount of export would require approximately five to seven total truck trips. The applicant is proposing one, six-foot high retaining wall to support the cut of the slope that expands the building pad along the south side of the property. All exposed portions of retaining walls will be stuccoed to match the house. 7.1.e Packet Pg. 54 Architecture The architectural style is Italian with Mediterranean details. Features proposed to emphasize the Mediterranean design vocabulary include tall arched and rectangular windows, a porch with stone veneer columns, and a low -pitched hipped roof with “s” concrete roof tiles. The applicant is also proposing wrought iron grillwork on the front door, first floor powder room window and two faux windows between the front entrance and garage doors. Exterior finishes include smooth stucco and stone veneer. Landscape Plan There are 20 existing trees throughout the property, including eucalyptus, Aleppo pine, king palms, and Australian willow myrtle trees. The applicant is proposing to keep 14 trees and remove six king palm trees. The applicant is also proposing a variety of landscaping to be planted throughout the front yard, including 5-gallon shrubs, such as appleblossom roses, little john bottlebrush, and French lavender; and 1 -gallon shrubs, such as magenta rockrose and island alum root. Additionally, the applicant is proposing to reestablish permanent landscaping on the ascending slope at the south side of the property with groundcover, such as pink ice plant. The applicant is also proposing to keep the landscaping at the rear of the house and the existing trees throughout the property. 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. Front Elevation 7.1.e Packet Pg. 55 ANALYSIS: Review Authority The proposed project requires a land use approval through the Development Review process. The analysis that follows provides the ba sis for staff’s recommendation to approve the Development Review application. Development Review (DBMC Chapter 22.48) New construction of a single-family home requires Planning Commission approval of a Development Review application. Development Review approval is required to ensure compliance with the City’s General Plan policies, development standards, and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. As stated in Section 22.48.010 of the Development Code, the Development Review process was established to ensure that new development and additions to existing development are consistent with the General Plan “through the promotion of high functional and aesthetic standards to complement and add to the economic, physical, and social character” of Diamond Bar. Development Standards: The following table compares the proposed project with the City’s development standards for residential development in the RL zone: Development Feature Residential Development Standards Proposed Meets Requirements Front Setback 20 feet 20’-6” Yes Side Setbacks 5 feet on one side and 10 feet on the other side 15’-6”– north side 79’-11”– south side Yes Side Yard Minimum Between Adjoining Structures 15 feet 34’-11” – north side 127’-9”– south side Yes Rear Setback 20 feet 77”-5” Yes Lot Coverage Maximum of 40% 9.43% Yes Max. Building Height 35 feet 29’-1” Yes Parking 2-car garage 3-car garage Yes 7.1.e Packet Pg. 56 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 comp lement the character and topography of hillside areas set forth in the Development Code, and incorporates the following features: • The proposed building height is a maximum of 29’-1”, where 35 feet is allowed; • The proposed retaining wall protecting the cut below the natural grade is at a maximum exposed height of six feet; • There are no proposed retaining walls associated with the building pads; • Architectural treatment is provided on all sides of the building with varying setbacks; 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 forth in the Development Code. Compatibility with Neighborhood The project is located on an existing leveled pad on the east side of a cul-de-sac street. The new two-story house will not be intrusive to neighboring homes since the existing house is two-stories and will not block existing views from adjacent properties. The existing house to the north is located approximately 15 feet below the finished grade of the subject property and has views to the north and east and the house across the street to the west has views to the west. The houses to the south are located at the top of the existing 40-foot high slope and have views to the north. Scale and Massing: The massing of the building is softened by creating articulation of the front façade by recessing the second -story a minimum of five feet from the porch at the front of the house. The porch/entry, powder room, and coat closet include lower roof elements that help reduce the overall scale of building. The house also includes a single-story element, such as garage at the north side of the house. Therefore, the proposed home will not overwhelm the streetscape and the surroundings from a human scale. Privacy and Sensitivity to Adjacent Neighbors: Staff reviewed the location of the proposed balcony and second story windows to verify that there will be minimal privacy concerns with the adjacent neighbors. The proposed balcony is located at the rear of the second floor, toward the south side of the house. The balcony is located 77’-5” from the rear property line and is located approximately 150 feet from the houses located on 7.1.e Packet Pg. 57 the properties to the east. There are existing trees located along the rear of the property to the east that provide screening between the two properties. The house on the adjacent property to the north is a single-story home and is located approximately 15 feet below the finished grade of the subject property. The proposed second floor includes one bedroom and two family room windows facing the adjacent property to the north and is located 26’-3” from the north side property line. As previously mentioned, the neighbor to the north, Tarek Elsharhawy, had concerns with the original design of the proposed house. On June 3, 2019, Mr. Elsharhawy submitted a letter (Attachment B) stating that he believed that the proposed house would create privacy issues into his rear yard and block sunlight during the winter months. The applicant made changes to the design by relocating the balcony to the south side of the house, and relocating the garage (a single-story element) to the north side of the house. Additionally, the applicant revised the design by relocating the house toward the center of the property, farther from the north side property line. Mr. Elsharhawy reviewed the plans with staff and indicated that he supports the redesign of the project (Attachment C). Therefore, staff does not find privacy loss to be a project impact to the neighboring property and all other concerns have been addressed. City’s Residential Design Guidelines: The project also incorporates the principles of the City’s Residential Design Guidelines as follows: • The new single-family residence will conform to all development standards, including building height and setbacks, which is consistent with other homes in the neighborhood; • A gradual transition between the project and adjacent uses is achieved through appropriate setbacks, building height, landscaping, and window and door placement; • The proposed new single-family residence is appropriate in mass and scale to the site; • 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. 7.1.e Packet Pg. 58 NOTICE OF PUBLIC HEARING: On January 9, 2019, public hearing notices were mailed to property ow ners within a 1,000-foot radius of the project site. On January 11, 2019, the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the notice was posted at the City's three designated community posting sites. On January 17, 2019, a not ice of postponement was mailed to property owners within a 1,000-foot radius. On April 15, 2020, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site. On April 17, 2020, 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 four designated community posting sites. Public Comments Received No further 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 15303(a) (construction of a new single-family residence) of the CEQA Guidelines. No further environmental review is required. 7.1.e Packet Pg. 59 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.2 MEETING DATE: September 13, 2022 CASE/FILE NUMBER: Development Review and Minor Conditional Use Permit No. PL2022-23 PROJECT LOCATION: 20948 Moonlake Street Diamond Bar, CA 91789 (APN 8760-019-019) GENERAL PLAN DESIGNATION: ZONING DISTRICT: Low-Medium Residential (RLM) Low Medium Density Residential (RLM) PROPERTY OWNER: Javier Mendoza 20948 Moonlake Street Diamond Bar, CA 91789 APPLICANT: Efrain Coronado 151 S. 9th Avenue #A City of Industry, CA 91746 SUMMARY: The applicant is proposing the following improvements to an existing 1,698 square-foot, one-story single-family residence: • The addition of a 970 square-foot second-story with an 18 square-foot balcony; • The addition of a 50 square-foot front porch; • A comprehensive remodel of the interior and exterior of the residence in conjunction with the new construction. A Minor Conditional Use Permit is concurrently requested to allow the continuation of the following nonconforming development features: • 3’-6” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side is required); CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.2 Packet Pg. 60 Development Review and Minor Conditional Use Permit No. PL2022 -23 Page 2 of 10 • 8’-6” and 8’-11” distances between adjoining structures (where 15 feet is required); and • A 10’-6” rear setback (where 20 feet is required). The applicant concurrently proposes to convert the existing, 450 square-foot garage into a Junior Accessory Dwelling Unit (JADU). Although it is depicted on the project plans, the JADU is permitted by right, and is not subject to Planning Commissio n review. RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving Development Review and Minor Conditional Use Permit No. PL2022-23, based on the findings of Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.56, subject to conditions. BACKGROUND: The subject property is an 8,680 square-foot parcel located on the south side of Moonlake Street, east of Pinefalls Avenue. The property was developed in 1963 under Los Angeles County standards with a 1,698 square -foot, one-story, single-family residence with a 450 square-foot attached garage. There are no protected trees on site. The property is legally described as Lot 43 of Tract No. 27394, and the Assessor’s Parcel Number (APN) is 8760-019-019. Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning District Land Use Site Low-Medium Density Residential RLM Single Family Residential North Low-Medium Density Residential RLM Single Family Residential South N/A N/A SR-60 Freeway East Low-Medium Density Residential RLM Single Family Residential West Low-Medium Density Residential RLM Single Family Residential 7.2 Packet Pg. 61 Development Review and Minor Conditional Use Permit No. PL2022 -23 Page 3 of 10 Site (Plan View) Aerial Adjacent Property to the West Existing Residence Site (Plan View) Aerial 7.2 Packet Pg. 62 Development Review and Minor Conditional Use Permit No. PL2022 -23 Page 4 of 10 Adjacent Property to the East Project Description The existing 1,698 square-foot, one-story home consists of common areas (family room, living room, dining room, and kitchen), three bedrooms, two bathrooms, and a two -car garage. An existing 83 square-foot patio cover in the side yard will be demolished, and a permitted 400 square-foot patio cover in the rear yard will remain. The applicant proposes to add a 970 square-foot second story consisting of a master bedroom with walk-in closet and bathroom, two bedrooms and a bathroom. The 450 square-foot garage will be converted into a JADU. An interior remodel to the first floor and exterior remodel is also proposed. The front elevation will consist of a new 50 square-foot porch and 18 square-foot balcony. If the project is approved and constructed, the residence will have a total of six bedrooms and four bathrooms. The height of the existing house is 13'-3". The proposed addition and remodel will increase the height to 22'-10". The existing residence has a nonconforming 3’-6” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side is required), 8’-6” and 8’-11” distances between adjoining structures (where 15 feet is required), and a 10’-6” rear setback (where 20 feet is required). By definition, the residence is considered a “nonconforming structure” (DBMC Section 22.68.030). Approval of a Minor Conditional Use Permit is required to allow an expansion of a nonconforming structure if the expansion is greater than 50 percent of the existing square footage of all structures, or if the expansion is not limited to the ground floor. The proposed project consists of the following components: 7.2 Packet Pg. 63 Development Review and Minor Conditional Use Permit No. PL2022 -23 Page 5 of 10 PROJECT SUMMARY (square footage) Living Area o Existing First Floor o New Addition on Second Floor o Garage Conversion 1,698 970 450 3,118 Garage o Existing 450 -450 Balcony/Porch/Patio Areas o Existing Patio Covers 483 o Demolish Patio Cover -83 o New Front Porch 50 o New Balcony 18 468 TOTAL FLOOR AREA 3,136 Site and Grading Configuration: The property is an irregularly-shaped lot. The existing house is situated on a leveled pad. The addition is proposed above the east side of the existing first floor of the home. Therefore, no grading is required for the proposed addition. Architectural Features, Colors, and Materials: The home is a 1960s-era Ranch style home with stucco finish, large eave overhangs and Dutch gable roof with flat asphalt shingles. The applicant is proposing to retain the design and preserve the architectural form of the other homes in the neighborhood, while enhancing the exterior with board and batten siding, white fascia and trim, and black rustic shingle roofing. Dark oak wooden balcony and bronze framed windows will enhance the rustic style. The Dutch gable roofing style will remain on the garage and will be utilized on the second -story addition. Landscaping: Landscape plans are not required because the site is already developed, and because the project is exempt from the City’s Water Efficient Landscaping Ordinance. The ordinance would only apply if new or rehabilitated landscaping of 500 square feet or more was being installed or altered. However, Proposed Front Elevation 7.2 Packet Pg. 64 Development Review and Minor Conditional Use Permit No. PL2022 -23 Page 6 of 10 landscaping that is damaged during construction will need to be restored upon project completion. No existing trees will be removed. ANALYSIS: Review Authority (DBMC Sections 22.48 and 22.56) The proposed project requires Planning Commission review and approval of two entitlement applications: Development Review (DR) and a Minor Conditional Use Permit (MCUP). The analysis that follows provides the basis for staff’s recommendation to approve the DR and MCUP applications. Development Review (DBMC Section 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 RLM zone: Development Feature Residential Development Standards Current Proposed Meets Requirements Front Setback 20 feet 21’-11” 21’-11” Yes Side Setbacks 5 feet on one side, 10 feet on the other 7’ – east side 3’-6” – west side 7’ – east side 3’-6” – west side No* Side Yard Minimum Between Adjoining Structures 15 feet 8’-6” – east side 8’-11” – west side 8’-6” – east side 8’-11” – west side No* Rear Setback 20 feet 10’-6” 10’-6” No* Lot Coverage Maximum of 40% 31% 30% Yes Max. Building Height 35 feet 13’-3” 22’-10” Yes Parking 2-car garage 2-car garage None No** 7.2 Packet Pg. 65 Development Review and Minor Conditional Use Permit No. PL2022 -23 Page 7 of 10 *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. **If the existing attached garage is converted to a JADU, any required off -street parking spaces for the primary dwelling that are eliminated as a result of the conversion shall be replaced, which may be located in any configuration on the lot as tandem spaces. There is space for two cars on the existing driveway which complies with the minimum parking requirement pursuant to DBMC Section 22.42.120 (8)(f). 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. The existing residence has the following nonconforming setbacks: • 3’-6” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side is required); • 8’-6” and 8’-11” distances between adjoining structures (where 15 feet is required); and • 10’-6” rear setback (where 20 feet is required). The proposed addition is located on the east side, above the existing footprint of the home and does not further encroach into any of the setbacks or distances to adjoining structures. The City supports homeowners’ efforts to make appropriate improvements to their properties, and recognizes that 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 Officer (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. 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 1963, prior to the incorporation of the City of Diamond Bar; 7.2 Packet Pg. 66 Development Review and Minor Conditional Use Permit No. PL2022 -23 Page 8 of 10 • The proposed addition complies with the required front setback and does not further encroach into the existing nonconforming side and rear setbacks as well as distances to adjoining structures; • The proposed second floor addition is located above the existing residence; and • Neighboring properties have similar nonconforming side and rear setbacks as well as distances to adjoining structures, so the proposed project will remain consistent with other homes within the neighborhood. Compatibility with Neighborhood The project is designed to be compatible with the existing homes in the neighborhood by maintaining the mass, scale and rhythm of the streetscape. The massing of the building is softened by creating articulation of the front façade through projections of the second story addition with balcony and the addition is setback approximately 24 feet from the garage on the first floor. Also, the location of the lot along the bulb of the cul- de-sac, together with diagonal orientation of the house on the lot has the effect of reducing the perceived scale of the proposed improvements. The applicant is proposing to upgrade the materials and details of the house to give it a modern appearance, but will keep the same building form and architectural style. Therefore, the addition will not negatively impact the look and character of the neighborhood. Based on the foregoing, staff finds that the project follows 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 setbacks and distances to adjacent structures) which is consistent with other homes in the neighborhood; • A gradual transition between the addition and existing residence is achieved through appropriate setbacks, building height and window and door placement; • The addition is appropriate in mass and scale to the site; • Elevations are treated with detailed architectural elements; • Large expanses without windows or doors are avoided; • Roof type and pitch of the addition matches the primary structure. The roofing material will be updated to a black shingle throughout the addition and existing structure. The Dutch gable roofing style will remain on the garage and will be utilized on the second-story addition; and • The addition is visually integrated with the primary structure by modernizing the same style by updating the exterior with white board and batten siding, white fascia and trim, black rustic shingle roofing, and wooden front door. Dark oak wooden balcony and bronze framed windows will enhance the rustic style. 7.2 Packet Pg. 67 Development Review and Minor Conditional Use Permit No. PL2022 -23 Page 9 of 10 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 2, 2022, public hearing notices were mailed to property owner s within a 500-foot radius of the project site and 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 The applicant had obtained written authorization from adjacent neighbors indicating there were no objections to the proposed second-story addition. However, on August 30, 2022, staff was contacted by the adjacent neighbor to the east with privacy concerns of views into their rear yard. Staff met with the neighbor to review the plans. The east elevation currently shows two windows in the proposed master bedroom with a sill height of 5’-3”. A rectangular, transom-style window was suggested to the applicant to bring the sill height even higher. The purpose of these types of windows is to bring light into the room. The applicant has agreed to the change which also alleviated the neighbor’s concern. Therefore, staff is recommending that a condition of approval be added to the draft resolution to revise the two windows in the second-floor master bedroom on the east elevation to a rectangular, transom -style during building plan check. 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 Proposed East Elevation 7.2 Packet Pg. 68 Development Review and Minor Conditional Use Permit No. PL2022 -23 Page 10 of 10 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. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2022-XX, Standard Conditions of Approval B. Site Plan, Floor Plans, Elevations and Roof Plan C. Color and Material Board 7.2 Packet Pg. 69 PLANNING COMMISSION RESOLUTION NO. 2022-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL2022-23 TO ENLARGE AND REMODEL AN EXISTING SINGLE-FAMILY RESIDENCE AT 20948 MOONLAKE STREET, DIAMOND BAR, CA 91765 (APN 8760-019- 019). A. RECITALS 1. The property owner, Javier Mendoza and applicant, Efrain Coronado, have filed an application requesting that the Planning Commission grant the following approvals at 20948 Moonlake Street: (a) Development Review approval to construct a 970 square-foot second- story addition, 18 square-foot balcony, 50 square-foot front porch, and an interior and exterior remodel to an existing 1,698 square-foot single-family residence on an 8,680 gross square-foot lot. (b) A Minor Conditional Use Permit to allow the continuation of an existing nonconforming structure with 3’-6” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side are required), 8’-6” and 8’-11” distances between adjoining structures (where 15 feet is required), and a 10’-6” rear setback (where 20 feet is required). Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Proposed Project." 2. In conjunction with the Proposed Project, the project proponents intend to convert the existing, 450 square-foot attached garage into a Junior Accessory Dwelling Unit (JADU). Although the proposed JADU is depicted on the plans for the Proposed Project, it is permitted by right, and is not subject to any discretionary review. 3. The subject property is made up of one parcel totaling 8,680 gross square feet (0.2 gross acre). It is located in Low Medium Density Residential (RLM) zone with an underlying General Plan land use designation of Low Medium Residential. 4. The legal description of the subject property is Lot 43 of Tract No. 27394, and the Assessor’s Parcel Number (APN) is 8760-019-019. 5. On September 2, 2022, public hearing notices were mailed to property owners within a 500-foot radius of the Project site. On September 2, 2022, 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 13, 2022, 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. 7.2.a Packet Pg. 70 2 PC RESOLUTION NO. 2022-XX B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 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(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, and 22.68, 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 CC-G-4 requires the preservation of the scale and character of existing residential neighborhoods and ensure sensitive transitions between densities and uses. The Project is designed to be compatible with the existing homes in the neighborhood by maintaining the mass, scale and rhythm of the streetscape. The massing of the building is softened by creating articulation of the front façade through projections of the second story addition with balcony and the addition is setback approximately 24 feet from the garage on the first floor. Also, the location of the lot along the bulb of the cul-de-sac, together with diagonal orientation of the house on the lot has the effect of reducing the perceived scale of the proposed improvements. The applicant is proposing to upgrade the materials and details of the house to give it a modern appearance, but will keep the same building form and architectural style. A gradual transition between the Project and adjacent uses is achieved through appropriate setbacks, building height, and window and door placement. The addition and façade remodel complies with the City’s Design Guidelines where architectural design should focus on the development of a high -quality residential environment that considers compatibility with surrounding character, including harmonious building style, form, size, color, material, and roofline [City’s Design Guidelines B. Architecture (1)]. This is achieved through appropriate building 7.2.a Packet Pg. 71 3 PC RESOLUTION NO. 2022-XX scale, proportions and simple building materials such as board and batten siding, white fascia and trim, and black rustic shingle roofing. The Project complies with all development standards of the Low Medium Residential zoning district such as building height, lot coverage and setbacks (with the exception of the existing nonconforming setbacks and distances to adjacent structures). The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development s, and will not create traffic or pedestrian hazards. The proposed 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 complies with the 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 Project will not be intrusive to neighboring homes since the property owner has obtained authorization from the adjacent neighbor to the west regarding any potential privacy concerns that may be caused by the proposed second -story addition. The adjacent neighbor to the east had privacy concerns of views into their rear yard. The east elevation currently shows two windows in the proposed master bedroom with a sill height of 5’-3”. A rectangular, transom-style window was suggested to the applicant to bring the sill height even higher. The purpose of these types of windows is to bring light into the room. The applicant has agreed to the change which also alleviated the neighbor’s concern. A condition of approval has been added to the draft resolution to revise the two windows in the second-floor master bedroom on the east elevation to a rectangular, transom- style during building plan check. 7.2.a Packet Pg. 72 4 PC RESOLUTION NO. 2022-XX The height of the proposed addition will not block any views to adjacent properties. The Project will not negatively impact the look and character of the neighborhood because the architectural design is compatible with existing homes in building mass, scale, color, material, and roofline while providing an enhancement to the overall neighborhood appearance. The Project is designed to be compatible with the existing homes in the neighborhood in terms of mass and scale. Although the home will be the largest on Moonlake Street with a total size of 3,118 square feet, the addition is set back and located above the footprint of the existing home, reducing its visual impact. 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 home is a 1960s-era Ranch style home with stucco finish, large eave overhangs and Dutch gable roof with flat asphalt shingles. The applicant is proposing to retain the design and preserve the architectural form of the other homes in the neighborhood, while enhancing the exterior with board and batten siding, white fascia and trim, and black rustic shingle roofing. Dark oak wooden balcony and bronze framed windows will enhance the rustic style. The Dutch gable roofing style will remain on the garage and will be utilized on the second - story addition. 5. The proposed development will not be detrimental to pub lic 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. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and Building and Safety Division 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. 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 RLM zone. A Minor Conditional Use Permit (MCUP) is requested to allow the continuation of an existing nonconforming structure with a 3’-6” and 7’ side setbacks (where 5 feet 7.2.a Packet Pg. 73 5 PC RESOLUTION NO. 2022-XX on one side and 10 feet on the other side is required), 8’-6” and 8’-11” distances between adjoining structures (where 15 feet is required), and a 10’-6” rear setback (where 20 feet is required). The preexisting substandard side setbacks and distances between adjoining structures 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 970 square feet of living area complies with the development standards of the RLM zone and will not further encroach into the nonconforming setback s and distances to adjoining structures. 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 970 square feet of living area will not further encroach into the existing nonconforming setbacks and distances to adjoining structures since it is located above the footprint of the existing home. The design of the proposed addition and remodel is compatible with the character of the neighborhood because the design is similar in building mass, scale, color, material, and roofline with the existing homes. Therefore, the Project is compatible with the existing and future land uses in the vicinity. 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 with the development standards for the RLM zone and will not further encroach into the existing nonconforming setbacks and distances to adjacent structures. 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. 7.2.a Packet Pg. 74 6 PC RESOLUTION NO. 2022-XX 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 addition of floor area is consistent with the development standards for the RLM zone. The Project will comply with current development standards and not further encroach into the existing nonconforming setbacks and distances to adjoining structures since it is located above the footprint 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 side and rear setbacks as well as distances to adjoining structures, 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. The existing and proposed land use is consistent with the surrounding land uses with similar side and rear setbacks, and distances to adjacent structures. The proposed addition of floor area is consistent with the development standards for the RLM zone and will not encroach into the existing nonconforming setbacks and distances to adjacent structures 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 Building and Safety Division 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. 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 7.2.a Packet Pg. 75 7 PC RESOLUTION NO. 2022-XX 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. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application, subject to the following conditions: 1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing. 2. On the plans submitted for building plan check, revise the two windows in the second-floor master bedroom on the east elevation to a rectangular, transom - style. 3. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Javier Mendoza, 20948 Moonlake Street, Diamond Bar, CA 91789 and applicant, Efrain Coronado, 151 S. 9th Avenue #A, City of Industry, CA 91746. APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 2022, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ Raymond Wolfe, 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 13th day of September 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ______________________________________ Greg Gubman, Secretary 7.2.a Packet Pg. 76 8 PC RESOLUTION NO. 2022-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Conditional Use Permit Planning Case No. PL2022-23 SUBJECT: To construct a 970 square-foot second-story addition, 18 square-foot balcony, 50 square-foot front porch, convert 450 square feet of the existing garage into a Junior Accessory Dwelling Unit, and an interior and exterior remodel to an existing 1,698 square-foot single-family residence on an 8,680 gross square-foot (0.2 gross acre) lot. A Minor Conditional Use Permit is requested to allow the continuation of an existing nonconforming structure with a 3’-6” and 7’ side setbacks (where 5 feet on one side and 10 feet on the othe r side is required), 8’-6” and 8’-11” distances between adjoining structures (where 15 feet is required), and a 10’-6” rear setback (where 20 feet is required). PROPERTY OWNER: Javier Mendoza, 20948 Moonlake Street, Diamond Bar, CA 91789 APPLICANT: Efrain Coronado, 151 S. 9th Avenue #A, City of Industry, CA 91746. LOCATION: 20948 Moonlake Street, Diamond Bar, CA 91789 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. PL2022-23 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: 7.2.a Packet Pg. 77 9 PC RESOLUTION NO. 2022-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 applic ant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review and Minor Conditional Use Permit No. PL2022-23, 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. 2022-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 any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. 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. 8. All site, floor plans, 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. 9. 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. 7.2.a Packet Pg. 78 10 PC RESOLUTION NO. 2022-XX 10. The property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, and Public Works Department. 12. 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, and Public Works Department) 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 and Minor Conditional Use Permit No. PL2022-23 expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). In accordance with DBMC Section 22.60.050(c), the applicant may request, in writing, a one-year time extension for Planning Commission consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the fee schedule in effect at the time of submittal. D. SITE DEVELOPMENT 1. This approval is to construct a 970 square-foot second-story addition, 18 square-foot balcony, 50 square-foot front porch, convert 450 square feet of the existing garage into a Junior Accessory Dwelling Unit, and an interior and exterior remodel to an existing 1,698 square-foot single-family residence at 20948 Moonlake Street, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions listed below. 7.2.a Packet Pg. 79 11 PC RESOLUTION NO. 2022-XX 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 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 Planning Division, the conditions contained herein, and the Development Code regulations. 7. All ground-mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction 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. 7.2.a Packet Pg. 80 12 PC RESOLUTION NO. 2022-XX 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. II. 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. Plan Check – Items to be addressed prior to plan approval: 3. 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. 4. 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). 5. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(o). 7.2.a Packet Pg. 81 13 PC RESOLUTION NO. 2022-XX 6. All balconies shall be designed for 1.5 times the live load for the area served per CBC Table 1607.1 and provide ventilation in the joist space per CBC 2304.12.2.6. 7. A one-hour rated fire and sound rated separation will be required between the junior accessory dwelling unit and main residence. 8. Light and ventilation shall comply with CBC 1203 and 1205. Permit – Items required prior to building permit issuance: 9. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 10. 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. 11. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 12. All workers on the job shall be covered by workman’s compensation insurance under a licensed general contractor. Any changes to the contractor sh all be updated on the building permit. Construction – Conditions required during construction: 13. 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. 14. 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. 15. Existing fencing shall remain in-place during construction including pool barrier fencing. Any alteration of the fencing may result in a discontinuation of construction until the fences are returned to its original state. 16. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6’ high fence. 17. 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 7.2.a Packet Pg. 82 14 PC RESOLUTION NO. 2022-XX bags, etc.). All fencing shall be view obstructing with opaque surfaces. 18. 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. 19. 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. 20. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 21. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 22. 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. 23. 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. 24. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 25. All plumbing fixtures, including those in existing areas, shall be low-flow models consistent with California Civil Code Section 1101.1 to 1101.8. END 7.2.a Packet Pg. 83 PROJECT DATA APN:8760-019-019 ADDRESS: 20948 MOONLAKE CITY:DIAMOND BAR COUNTY:LOS ANGELES SITE AREA: 8680 S.F. USE:SINGLE FAMILY RESIDENCE OCCUPANCY:R-3 CONST TYPE:TYPE V-B SPRINKLERED:NO # OF STORIES:1 # (P) STORIES 2 SITE STATISTICS BUILDING DATA EXISTING BUILDIING:1698 SF EXISTING GARAGE:450 SF TOTAL (E) BUILDING:2148 SF (E) PATIO 400 SF (D)PATIO 83 SF (P) SECOND FLOOR 970 SF (P) BALCONY 18 SF (P)PORCH 50 SF (P) GARAGE CONVERSION 450 SF REMODEL:275 SF TOTAL (P) BUILDIING:2641 SF LOT COVERAGE :30% F.A.R: 31% CONTACT INFO JAVIER & CYNTHIA MENDOZA 20948 MOONLAKE AVE DIAMOND BAR CA 91789 TEL: (909) 272-1747 EMAIL: javier20948@gmail.com OWNER EFRAIN CORONADO 151 S. 9TH AVE, UNIT #A CITY OF INDUSTRY 91746 TEL: (626) 768-3392 EMAIL: efrain@caliberplans.com APPLICANT DESCRIPTION (P) 2ND FLOOR ADDITION OVER EXISTING. REMODEL OF INTERIOR FIRST FLOOR. CONVERT GARAGE TO JADU. PATIO TO BE DEMO'D 83 SF (E) PERMITTED PATIO TO REMAINP/L 113.94P/L 99.936'P/L 65.57 P /L 4 3 .3 4 ' P/L 2 4.8 8 P/L 29.92 SIDE W ALK M O O NLA K E EXISITNG DRIVEWAY 20' - 0" EXISITNG LANDSCAPE 7' - 0 1/2" 8' - 6" NEIGHBOR NEIGHBOR (E) GARGE CONVERTED TO ADU 500 SF EXISTING SFR 1698 SF (P) SECOND STORY ADDITION 970 SF (E) POOL (E) CMU WALL 43' - 9"20' - 8 1/2" 6' - 3"45' - 6"10' - 6 1/2"5' - 11 1/2"9' - 11"8' - 4"20' - 3 1/2"8' - 11 1/2" 3' - 6"21' - 11"Project # Date Drawn by Checked by CALIBER DESIGN 151 S 9TH AVE STE. A CITY OF INDUSTRY, CA 91746 (626)768-3392 DESIGN PROJECT MANAGEMENT THESE PLANS WERE PREPARED EXCLUSIVELY FOR THIS PROJECT AS INSTRUMENTS OF SERVICE AND ARE THE EXCLUSIVE PROPERTY OF CALIBER DESIGN WHETHER THE PROJECT FOR WHICH THEY WERE PREPARED IS EXECUTED AND CONSTRUCTED OR NOT. ANY MODIFICATIONS SHALL REQUIRE WRITTEN AUTHORIZATION BY CALIBER DESIGN. THESE PLANS ARE NOT TO BE REPRODUCED IN PART OR IN WHOLE IN ANY FORM. REVISION A-0 COVER Project Number Issue Date Author CheckerRESIDENTIAL REMODEL20948 MOONLAKEDIAMOND BAR, CAAPPLICABLE CODES • CALIFORNIA RESIDENTIAL BUILDING CODE 2020 • CALIFORNIA MECHANICAL CODE 2020 • CALIFORNIA PLUMBING CODE 2020 • CALIFORNIA ELECTRICAL CODE 2020 • CALIFORNIA ENERGY CODE 2020 • DIAMOND BAR MUNICIPLE CODE VICINITY MAP NORTH No. Description Date 1/8" = 1'-0"1 Site PLAN 7.2.b Packet Pg. 84 KITCHEN E LIVINGE DINING E FAMILY RM BEDRM BEDRM BEDRM E GARAGE RESIDENTIAL ADDITIONPROJECT NO: DESCRIPTIONDATEMARK 20190000 20948 MOONLAKESHEET TITLE COPYRIGHT: DRAWN BY: CHK'D BY: ©CALIBER 2017 (E) FLRPLAN A-1.01 SHEET DESCRIPTION ############# REVISION CALIBER DESIGN 15034 PROCTOR AVE CITY OF INDUSTRY, CA 91746 (626)768-3392 DESIGN ENGINEERING PROJECT MANAGEMENT WWW.CALIBERPLANS.COM DIAMOND BAR7.2.b Packet Pg. 85 WH REF.GFIAFCIAFCIAFCIUP REF. WIC BEROOM 2 BEDROOM 3STEP TO BE REMOVED (E) ATTIC ACCESS CMD 17 18 19 20 21 31 32 33 BEDROOM 1 CMD CMD SD SD SD SD SD SD ENLARGED CLOSET (P) JADU 52 53 55 57 58 5954 56 4142 40 51 50 48 43 4923' - 8"21' - 1" 5' - 1 1/2"4' - 5 1/2"5' - 11 1/2"9' - 6"12' - 5 1/2" 10' - 1"10' - 6"9' - 10 1/2"10' - 6"1' - 9 1/2"4' - 4 1/2"11' - 2 1/2"5' - 10"8' - 7"4' - 0"11' - 9 1/2"4' - 3"2' - 2"3' - 3"10' - 0 1/2" 14' - 0 1/2" 10' - 2 1/2"5' - 10 1/2"4' - 6 1/2" 4' - 1 1/2"6' - 7"7' - 11"9' - 7"24' - 1"3' - 11 1/2"8' - 8 1/2"10' - 8"7' - 8 1/2"27' - 1 1/2"8' - 8 1/2"19' - 10"16' - 3"11' - 9"6' - 4 1/2"11' - 2"2' - 0 1/2"13' - 11 1/2"27' - 1 1/2"19' - 3 1/2"4' - 9 1/2"10' - 0" 40' - 0"22' - 11 1/2" 62' - 11 1/2" (E) FIREPLACE FAMILY RM KITCHEN Project # Date Drawn by Checked by CALIBER DESIGN 151 S 9TH AVE STE. A CITY OF INDUSTRY, CA 91746 (626)768-3392 DESIGN PROJECT MANAGEMENT THESE PLANS WERE PREPARED EXCLUSIVELY FOR THIS PROJECT AS INSTRUMENTS OF SERVICE AND ARE THE EXCLUSIVE PROPERTY OF CALIBER DESIGN WHETHER THE PROJECT FOR WHICH THEY WERE PREPARED IS EXECUTED AND CONSTRUCTED OR NOT. ANY MODIFICATIONS SHALL REQUIRE WRITTEN AUTHORIZATION BY CALIBER DESIGN. THESE PLANS ARE NOT TO BE REPRODUCED IN PART OR IN WHOLE IN ANY FORM. REVISION A-1.2 PROPOSED Project Number Issue Date Author CheckerRESIDENTIAL REMODEL20948 MOONLAKEDIAMOND BAR, CANo. Description Date 1/4" = 1'-0"1 PROPOSED FLOOR PLAN DOOR SCHEDULE Mark Width Height Phase Created 40 10' - 0" 6' - 8" New Construction 41 10' - 0" 6' - 8" New Construction 42 8' - 0" 6' - 8" New Construction 43 3' - 0" 6' - 8" New Construction 45 4' - 0" 6' - 8" New Construction 47 1' - 0" 6' - 11" New Construction 48 3' - 0" 6' - 8" New Construction 49 2' - 6" 6' - 8" New Construction 50 2' - 0" 6' - 8" New Construction 51 2' - 6" 6' - 8" New Construction 52 2' - 6" 6' - 8" New Construction 53 2' - 6" 6' - 8" New Construction 54 2' - 6" 6' - 8" New Construction 55 2' - 6" 6' - 8" New Construction 56 2' - 6" 6' - 8" New Construction 57 4' - 0" 6' - 8" New Construction 58 5' - 0" 6' - 8" New Construction 59 1' - 8" 6' - 8" New Construction 60 2' - 6" 6' - 8" New Construction 61 2' - 6" 6' - 8" New Construction 62 2' - 6" 6' - 8" New Construction 63 2' - 6" 6' - 8" New Construction 64 2' - 6" 6' - 8" New Construction 65 5' - 0" 6' - 8" New Construction 66 5' - 0" 6' - 8" New Construction WINDDOW SCHEDULE Mark Phase Created Width Height Sill Height 17 New Construction 4' - 0" 4' - 0" 2' - 8" 18 New Construction 4' - 0" 4' - 0" 2' - 8" 19 New Construction 3' - 5" 4' - 5" 1' - 8" 20 New Construction 4' - 0" 4' - 0" 3' - 0" 21 New Construction 4' - 0" 4' - 0" 3' - 0" 22 New Construction 4' - 0" 4' - 0" 2' - 8" 26 New Construction 2' - 0" 2' - 0" 5' - 3" 27 New Construction 4' - 0" 5' - 0" 1' - 8" 28 New Construction 4' - 0" 4' - 0" 2' - 8" 29 New Construction 2' - 0" 2' - 0" 4' - 8" 31 New Construction 2' - 0" 2' - 0" 4' - 11" 32 New Construction 2' - 0" 2' - 0" 4' - 11" 33 New Construction 4' - 0" 4' - 0" 2' - 8" 34 New Construction 3' - 0" 4' - 0" 2' - 8" 35 New Construction 3' - 0" 4' - 0" 3' - 0" 37 New Construction 2' - 0" 2' - 0" 5' - 3" 38 New Construction 2' - 0" 2' - 0" 3' - 0" 39 New Construction 2' - 0" 2' - 0" 4' - 8" SMOKE DETECTORS 1 SMOKE ALARMS SHALL BE INTERCONNECTED SUCH THAT THE ACTIVATION OF ONE ALARM WILL ACTIVATE ALL ALARMS IN THE INDIVIDUAL DWELLING UNIT 2 SMOKE DETECTORS SHALL BE "HARD WIRED" AND SHALL BE EQUIPPED WITH BATTERY BACKUP 3 SMOKE ALARMS SHALL BE TESTED & MAINTAINED IN ACCORDANCE WITH MANUFACTURER INSTRUCTIONS. SMOKE ALARMS SHALL BE REPLACED AFTER 10 YEARS FROM THE DATE OF MANUFACTURED MARKED ON THE UNIT. 4 CONVENTIONAL IONIZATION SMOKE ALARMS THAT ARE SOLELY BATTERY POWERED SHALL BE EQUIPPED WITH A 10 YEAR BATTERY AND HAVE A SILENCE FEATURE 5 SMOKE ALARMS SHALL BE INSTALLED OUTSIDE OF EACH SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOMS AND INDIVIDUAL DWELLING UNIT INCLUDING BASEMENT. 6 SMOKE ALARMS SHALL BE INTERCONNECTED SUCH THAT THE ACTIVATION OF ONE ALARM WILL ACTIVATE ALL ALARMS IN THE INDIVIDUAL DWELLING UNIT. 7 IN EXISTING DWELLING UNIT A REQUIRED SMOKE DETECTORS SHALL NOT BE LOCATED WITH KITCHEN OR GARAGES. IONIZATION SMOKE DETECTORS SHALL NOT BE LOCATED CLOSER THAN 3' HORIZ. FROM THE DOOR TO THE KITCHEN; THE DOOR TO A BATHROOM CONTAINING A TUB OR SHOWER; OR THE SUPPLY REGISTER OF A FORCE AIR HEATING AND COOLING UNIT SYSTEM. 8 SMOKE DETECTORS SHALL BE INSTALLED IN EACH SLEEPING ROOM AND AT A POINT CENTRALLY LOCATED IN THE CORRIDOR OR ARRAIGNING ACCESS TO EACH SLEEPING ROOM. A SMOKE DETECTOR SHALL BE INSTALLED IN THE HALL AND BEDROOM. SMOKE DETECTORS SHALL BE INSTALLED SO THAT THEY ARE AUDIBLE IN ALL SLEEPING ROOMS. KITCHEN REMODEL NOTES NOTE DESCRIPTION 1 ALL KITCHEN COUNTERTOP OUTLETS SHALL BE AFCI AND GFCI PROTECTED. 2 RECEPTACLES SHALL BE LISTED AS TAMPER-RESISTANT. 3 12” OR WIDER COUNTERTOPS REQUIRE AN OUTLET. 4 OUTLETS ARE REQUIRED WITHIN 24” OF ANY LOCATION ALONG THE COUNTERTOP. 5 KITCHEN OUTLETS POSITIONED A MAXIMUM 20” ABOVE COUNTER TOP. 6 APPLIANCES AND SINKS BREAK UP THE COUNTERTOP RUN, REQUIRING EACH SIDE TO COMPLY INDIVIDUALLY. 7 THE ELECTRICAL OUTLET REQUIREMENTS INCLUDE ISLANDS, PENINSULAS, KITCHEN DESKTOPS, WET BARS, AND SERVING BARS. A LARGE WINDOW ACROSS THE BACK OF A SINK OR LACK OF A BACK SPLASH DOES NOT EXEMPT THE COUNTERTOP FROM THE OUTLET REQUIREMENTS. THESE OUTLETS MAY BE IN A DROP FRONT CABINET FACE, UNDER CABINET PLUG STRIP, POP UP OR TOMBSTONE TYPE RECEPTACLE. 8 2 SMALL APPLIANCE OUTLET CIRCUITS, 20 AMPS EACH ARE REQUIRED FOR KITCHENS. CIRCUITS SHALL BE BALANCED AND HAVE NO OTHER OUTLETS. 9 INDIVIDUAL DEDICATED CIRCUITS ARE REQUIRED FOR ALL MAJOR APPLIANCES 10 GARBAGE DISPOSAL CORD AND PLUG CONNECTED 18” TO 36” LONG. 11 MINIMUM 20 AMP CIRCUIT FOR THE DISHWASHER AND A 15 AMP CIRCUIT FOR THE DISPOSAL. 12 IF USING A SPLIT OUTLET (2 CIRCUITS ON THE SAME YOLK) FOR DISHWASHER/DISPOSAL, PROVIDE A LISTED HANDLE TIE AT THE 2 CIRCUIT BREAKERS AT THE PANEL. 13 RESIDENTIAL KITCHEN LIGHTING IS REQUIRED TO MEET THE ENERGY EFFICIENCY STANDARDS. PROVIDE A LIGHTING SCHEDULE TO VERIFY COMPLIANCE. CALIFORNIA RESIDENTIAL COMPLIANCE MANUAL 14 A LARGE WINDOW ACROSS THE BACK OF A SINK OR LACK OF A BACK SPLASH DOES NOT EXEMPT THE COUNTERTOP FROM THE OUTLET REQUIREMENTS. THESE OUTLETS MAY BE IN A DROP FRONT CABINET FACE, UNDER CABINET PLUG STRIP, POP UP OR 15 A DUCTED RESIDENTIAL EXHAUST HOOD IS REQUIRED. A METAL, SMOOTH INTERIOR SURFACE DUCT REQUIRED ON VENT HOOD OR DOWN DRAFT EXHAUST VENT. ALUMINUM FLEX DUCT NOT APPROVED. PROVIDE BACK DRAFT DAMPER. 16 MINIMUM 30” VERTICAL CLEARANCE TO COMBUSTIBLES FROM COOK TOP SURFACE. 17 KITCHEN LOCAL EXHAUST VENTILATION REQUIRES A MINIMUM RATE OF 100 CFM MEETING THE REQUIREMENTS OF ASHRA 62.2. THIS INCLUDES A MAXIMUM SOUND RATING OF 3 SONE @ 100 CUBIC FEET PER MINUTE. 18 A GAS TEST IS REQUIRED ON PIPING MODIFICATIONS (10 PSI FOR 15 MINUTES). A MAXIMUM 15 PSI GAUGE IS REQUIRED FOR THE GAS TEST. A LOWER GAS PRESSURE TEST MAY BE PERFORMS WHEN USING A RECORDING TEST GAUGE. AS PROVIDED FOR IN CPC SECTION 1214.3 19 GAS LINES THAT RUN UNDER A SLAB SHALL RUN THROUGH AN APPROVED, VENTED, GAS TIGHT CONDUIT. 20 AN ACCESSIBLE SHUTOFF VALVE SHALL BE INSTALLED OUTSIDE EACH APPLIANCE AND AHEAD OF THE UNION CONNECTED THERETO AND IN ADDITION TO ANY VALVE ON THE APPLIANCE. 21 PROVIDE MAXIMUM 6’ LONG LISTED GAS FLEXIBLE CONNECTOR AND SHUT OFF TO FREE STANDING RANGE. 22 A LISTED AIR GAP IS REQUIRED FOR THE DISHWASHER DRAIN. 23 KITCHEN RENOVATIONS WILL REQUIRE THE SMOKE AND CARBON MONOXIDE ALARMS FOR THE DWELLING TO MEET THE CURRENT CODE. SEE SMOKE DETECTOR & CARBON MONXIDE DETECTOR NOTES ELECTRICAL NOTES 1 PROVIDE A MIN OF 2-20AMP SML APPLIANCE CIRCUITS FOR THE KITCHEN CNTR TOPS. SUCH CIRCUIT SHALL HAVE NO OTHER OUTLETS. LOADS SHALL BE BALANCED. 2 BATHROOM EXHAUSTS FANS SHALL BE ENERGY STAR COMPLIANT, DUCTED TO TERMINATE OUTSIDE THE BUILDING AND CONTROLLED BY HUMIDISTAT CAPABLE OF BEING ADJUSTED BTWN THE RELATIVE HUMIDITY RANGE OF 50 TO 80 PERCENT. 3 LUMINARIES RECESSED IN INSULATED CEILINGS MUST MEET REQUIREMENTS OF 150(K)12. 4 KITCHEN LIGHTING: 100% OF WATTAGE TO BE HIGH EFFICACY AND SWITCHED SEPARATELY. 5 WALLS 2 FEET OR GREATER SHALL HAVE AN OUTLET. OUTLETS NO MORE THAN 12 FEET APART, AND A MAX OF 6 FEET FROM THE END OF WALLS OR OPENING. 6 IN THE KITCHEN, PANTRIES, BREAKFAST ROOMS, AND DINNING ROOMS, A RECEPTACLE SHALL BE PROVIDED FOR EACH WALL COUNTERTOP SPACE WIDER THAN 12 INCHES SO THAT NO POINT IS MORE THAN 24' FROM AN OUTLET 7 ALL BRANCH CIRCUITS THAT SUPPLY 120 VOLT, SINGLE PHASE, 15 AND 20 AMPRE OUTLETS INSTALLED IN A DWELLING UNIT FAMILY ROOMS, DINING ROOMS, PARLORS LIBRARIES, DENS, BEDROOMS, SUNROOMS, RECREATION ROOMS, CLOSETS, HALLWAYS, OR SIMILAR ROOMS OR AREAS SHALL BE PROTECTED BY A LISTED ARC-FAULT CIRCUIT INTERRUPTER COMBINATION TYPE 8 ALL NEW OUTLETS TO BE TAMPER PROOF CO DETECTORS 1 AN APPROVED CARBON MONOXIDE SHALL BE INSTALLED 2 CARBON MONOXIDE DETECTORS SHALL BE "HARD WIRED" AND SHALL BE EQUIPPED WITH BATTERY BACKUP 3 CO ALARMS SHALL BE LISTED FOR COMPLIANCE WITH UL 203, UL 2075 AND/OR NFPA 72 4 CO ALARMS SHALL BE INSTALLED OUTSIDE OF EACH SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOMS AND INDIVIDUAL DWELLING UNIT 5 CO ALARMS SHALL BE INTERCONNECTED SUCH THAT THE ACTIVATION OF ONE ALARM WILL ACTIVATE ALL ALARMS IN THE INDIVIDUAL DWELLING UNIT 7.2.b Packet Pg. 86 DN 34 35 22 45 38 66 63 60 62 61 64 29 39 27 26 37 65 MASTER BEDROOM 3 BEDROOM 4 OPEN BELOW MASTER CLOSET BATH HALLWAY 10' - 4 1/2"12' - 11"2' - 0 1/2" 8' - 2"10' - 8 1/2"2' - 10 1/2" 5' - 5 1/2"7' - 2"8' - 2"7' - 11 1/2" 11' - 4 1/2"14' - 7"6' - 9 1/2"7' - 6"4' - 2 1/2"4' - 10 1/2"8' - 2"14' - 0 1/2"27' - 1 1/2"7' - 1 1/2"6' - 7"8' - 6"7' - 4"8' - 5 1/2"10' - 1"9' - 3"4' - 10"5' - 4 1/2"5' - 8 1/2"6' - 1 1/2"4' - 8"5' - 6 1/2"2' - 8"3' - 1" 5' - 9"10' - 3"10' - 2 1/2"11' - 10" 38' - 0"19' - 6"3' - 7"8' - 6 1/2"8' - 11"17' - 0" 38' - 0"3' - 0"6' - 10 1/2" BATHROOM CMD SD SD SD SD Project # Date Drawn by Checked by CALIBER DESIGN 151 S 9TH AVE STE. A CITY OF INDUSTRY, CA 91746 (626)768-3392 DESIGN PROJECT MANAGEMENT THESE PLANS WERE PREPARED EXCLUSIVELY FOR THIS PROJECT AS INSTRUMENTS OF SERVICE AND ARE THE EXCLUSIVE PROPERTY OF CALIBER DESIGN WHETHER THE PROJECT FOR WHICH THEY WERE PREPARED IS EXECUTED AND CONSTRUCTED OR NOT. ANY MODIFICATIONS SHALL REQUIRE WRITTEN AUTHORIZATION BY CALIBER DESIGN. THESE PLANS ARE NOT TO BE REPRODUCED IN PART OR IN WHOLE IN ANY FORM. REVISION A-1.3 (P) 2ND FLOOR Project Number Issue Date Author CheckerRESIDENTIAL REMODEL20948 MOONLAKEDIAMOND BAR, CANo. Description Date 1/4" = 1'-0"1 (P) 2ND FLOOR WINDDOW SCHEDULE Mark Phase Created Width Height Sill Height 17 New Construction 4' - 0" 4' - 0" 2' - 8" 18 New Construction 4' - 0" 4' - 0" 2' - 8" 19 New Construction 3' - 5" 4' - 5" 1' - 8" 20 New Construction 4' - 0" 4' - 0" 3' - 0" 21 New Construction 4' - 0" 4' - 0" 3' - 0" 22 New Construction 4' - 0" 4' - 0" 2' - 8" 26 New Construction 2' - 0" 2' - 0" 5' - 3" 27 New Construction 4' - 0" 5' - 0" 1' - 8" 28 New Construction 4' - 0" 4' - 0" 2' - 8" 29 New Construction 2' - 0" 2' - 0" 4' - 8" 31 New Construction 2' - 0" 2' - 0" 4' - 11" 32 New Construction 2' - 0" 2' - 0" 4' - 11" 33 New Construction 4' - 0" 4' - 0" 2' - 8" 34 New Construction 3' - 0" 4' - 0" 2' - 8" 35 New Construction 3' - 0" 4' - 0" 3' - 0" 37 New Construction 2' - 0" 2' - 0" 5' - 3" 38 New Construction 2' - 0" 2' - 0" 3' - 0" 39 New Construction 2' - 0" 2' - 0" 4' - 8" DOOR SCHEDULE Mark Width Height Phase Created 40 10' - 0" 6' - 8" New Construction 41 10' - 0" 6' - 8" New Construction 42 8' - 0" 6' - 8" New Construction 43 3' - 0" 6' - 8" New Construction 45 4' - 0" 6' - 8" New Construction 47 1' - 0" 6' - 11" New Construction 48 3' - 0" 6' - 8" New Construction 49 2' - 6" 6' - 8" New Construction 50 2' - 0" 6' - 8" New Construction 51 2' - 6" 6' - 8" New Construction 52 2' - 6" 6' - 8" New Construction 53 2' - 6" 6' - 8" New Construction 54 2' - 6" 6' - 8" New Construction 55 2' - 6" 6' - 8" New Construction 56 2' - 6" 6' - 8" New Construction 57 4' - 0" 6' - 8" New Construction 58 5' - 0" 6' - 8" New Construction 59 1' - 8" 6' - 8" New Construction 60 2' - 6" 6' - 8" New Construction 61 2' - 6" 6' - 8" New Construction 62 2' - 6" 6' - 8" New Construction 63 2' - 6" 6' - 8" New Construction 64 2' - 6" 6' - 8" New Construction 65 5' - 0" 6' - 8" New Construction 66 5' - 0" 6' - 8" New Construction 7.2.b Packet Pg. 87 SLAB LEVEL 0' -8" PLT HT 8' -8" T.O. PLT 17' -7 1/4" 2ND FLR 9' -7 1/4" TOP OF ROOF 22' -10 1/4"8' - 0"HT OF (E) SFR11' - 4"SLAB LEVEL 0' -8" PLT HT 8' -8" T.O. PLT 17' -7 1/4" 2ND FLR 9' -7 1/4" TOP OF ROOF 22' -10 1/4" ADDITION ADDITION 13' - 3"(N) FASCIA BD TO MATCH EXISTING Project # Date Drawn by Checked by CALIBER DESIGN 151 S 9TH AVE STE. A CITY OF INDUSTRY, CA 91746 (626)768-3392 DESIGN PROJECT MANAGEMENT THESE PLANS WERE PREPARED EXCLUSIVELY FOR THIS PROJECT AS INSTRUMENTS OF SERVICE AND ARE THE EXCLUSIVE PROPERTY OF CALIBER DESIGN WHETHER THE PROJECT FOR WHICH THEY WERE PREPARED IS EXECUTED AND CONSTRUCTED OR NOT. ANY MODIFICATIONS SHALL REQUIRE WRITTEN AUTHORIZATION BY CALIBER DESIGN. THESE PLANS ARE NOT TO BE REPRODUCED IN PART OR IN WHOLE IN ANY FORM. REVISION A-2.0 ELEVATIONS Project Number Issue Date Author CheckerRESIDENTIAL REMODEL20948 MOONLAKEDIAMOND BAR, CANo. Description Date 1/4" = 1'-0"1 East Copy 1 1/4" = 1'-0"2 North Copy 1 7.2.b Packet Pg. 88 SLAB LEVEL 0' -8" PLT HT 8' -8" T.O. PLT 17' -7 1/4" 2ND FLR 9' -7 1/4" TOP OF ROOF 22' -10 1/4" ADDITION SLAB LEVEL 0' -8" PLT HT 8' -8" T.O. PLT 17' -7 1/4" 2ND FLR 9' -7 1/4" TOP OF ROOF 22' -10 1/4" ADDITIONADDITION Project # Date Drawn by Checked by CALIBER DESIGN 151 S 9TH AVE STE. A CITY OF INDUSTRY, CA 91746 (626)768-3392 DESIGN PROJECT MANAGEMENT THESE PLANS WERE PREPARED EXCLUSIVELY FOR THIS PROJECT AS INSTRUMENTS OF SERVICE AND ARE THE EXCLUSIVE PROPERTY OF CALIBER DESIGN WHETHER THE PROJECT FOR WHICH THEY WERE PREPARED IS EXECUTED AND CONSTRUCTED OR NOT. ANY MODIFICATIONS SHALL REQUIRE WRITTEN AUTHORIZATION BY CALIBER DESIGN. THESE PLANS ARE NOT TO BE REPRODUCED IN PART OR IN WHOLE IN ANY FORM. REVISION A-2.0A ELEV Project Number Issue Date Author CheckerRESIDENTIAL REMODEL20948 MOONLAKEDIAMOND BAR, CANo. Description Date 1/4" = 1'-0"1 South Copy 1 1/4" = 1'-0"2 West Copy 1 7.2.b Packet Pg. 89 SLAB LEVEL 0' -8" PLT HT 8' -8" T.O. PLT 17' -7 1/4" 2ND FLR 9' -7 1/4" TOP OF ROOF 22' -10 1/4"7' - 6"211 217 212 11' - 4"0' - 10 1/2" 220 220 SLAB LEVEL 0' -8" PLT HT 8' -8" T.O. PLT 17' -7 1/4" 2ND FLR 9' -7 1/4" TOP OF ROOF 22' -10 1/4" 215 213 212 201 214 211 219 0' - 11" 220 Project # Date Drawn by Checked by CALIBER DESIGN 151 S 9TH AVE STE. A CITY OF INDUSTRY, CA 91746 (626)768-3392 DESIGN PROJECT MANAGEMENT THESE PLANS WERE PREPARED EXCLUSIVELY FOR THIS PROJECT AS INSTRUMENTS OF SERVICE AND ARE THE EXCLUSIVE PROPERTY OF CALIBER DESIGN WHETHER THE PROJECT FOR WHICH THEY WERE PREPARED IS EXECUTED AND CONSTRUCTED OR NOT. ANY MODIFICATIONS SHALL REQUIRE WRITTEN AUTHORIZATION BY CALIBER DESIGN. THESE PLANS ARE NOT TO BE REPRODUCED IN PART OR IN WHOLE IN ANY FORM. REVISION A-2.01 COLOR ELEVATIONS Project Number Issue Date Author CheckerRESIDENTIAL REMODEL20948 MOONLAKEDIAMOND BAR, CANo. Description Date 1/4" = 1'-0"1 East 1/4" = 1'-0"2 North ELEVATION KEYNOTES Key Value Keynote Text ELEVATION KEYNOTES Key Value Keynote Text 201 42" HIGH GAURDRAIL 211 WALL TO BE SMOOTH STUCCO-BENJAMIN MOORE SIMPLY WHITE 212 ASPHALT SHINGLES BLACK- TAMAKO HERITAGE RUSTIC BLACK 213 MILGARD WINDOWS- BRONZE FRAME 214 EXERIOR FIXTURE BREITLING 1-LIGHT 18 IN MATTE BLACK 215 FRONT DOOR CHERRY WOOD- TRUSTILE DOOR EACH SIDE 216 ADU DOOR - JELDWEN DOOR JPG013 217 2"X FACSIA PAINTED WHITE-BENJAMIN MOORE SIMPLY WHITE 219 DARK OAK WOODEN BALCONY 220 BOARD AND BATTEN SIDING TO BE PAINTED WHITE-BENJAMIN MOORE SIMPLY WHITE Modern Ranch 7.2.b Packet Pg. 90 SLAB LEVEL 0' -8" PLT HT 8' -8" T.O. PLT 17' -7 1/4" 2ND FLR 9' -7 1/4" TOP OF ROOF 22' -10 1/4" 211212 216 217 214 0' - 10 1/2" 220 SLAB LEVEL 0' -8" PLT HT 8' -8" T.O. PLT 17' -7 1/4" 2ND FLR 9' -7 1/4" TOP OF ROOF 22' -10 1/4" 0' - 11" EAVES TO MATCH EXISTING Project # Date Drawn by Checked by CALIBER DESIGN 151 S 9TH AVE STE. A CITY OF INDUSTRY, CA 91746 (626)768-3392 DESIGN PROJECT MANAGEMENT THESE PLANS WERE PREPARED EXCLUSIVELY FOR THIS PROJECT AS INSTRUMENTS OF SERVICE AND ARE THE EXCLUSIVE PROPERTY OF CALIBER DESIGN WHETHER THE PROJECT FOR WHICH THEY WERE PREPARED IS EXECUTED AND CONSTRUCTED OR NOT. ANY MODIFICATIONS SHALL REQUIRE WRITTEN AUTHORIZATION BY CALIBER DESIGN. THESE PLANS ARE NOT TO BE REPRODUCED IN PART OR IN WHOLE IN ANY FORM. REVISION A-2.02 COLOR ELEVATIONS Project Number Issue Date Author CheckerRESIDENTIAL REMODEL20948 MOONLAKEDIAMOND BAR, CANo. Description Date 1/4" = 1'-0"2 West 1/4" = 1'-0"1 South ELEVATION KEYNOTES Key Value Keynote Text ELEVATION KEYNOTES Key Value Keynote Text 201 42" HIGH GAURDRAIL 211 WALL TO BE SMOOTH STUCCO-BENJAMIN MOORE SIMPLY WHITE 212 ASPHALT SHINGLES BLACK- TAMAKO HERITAGE RUSTIC BLACK 213 MILGARD WINDOWS- BRONZE FRAME 214 EXERIOR FIXTURE BREITLING 1-LIGHT 18 IN MATTE BLACK 215 FRONT DOOR CHERRY WOOD- TRUSTILE DOOR EACH SIDE 216 ADU DOOR - JELDWEN DOOR JPG013 217 2"X FACSIA PAINTED WHITE-BENJAMIN MOORE SIMPLY WHITE 219 DARK OAK WOODEN BALCONY 220 BOARD AND BATTEN SIDING TO BE PAINTED WHITE-BENJAMIN MOORE SIMPLY WHITE 7.2.b Packet Pg. 91 3" / 1'-0"3" / 1'-0"4" / 1'-0"4" / 1'-0"4" / 1'-0"4" / 1'-0"4" / 1'-0"4" / 1'-0" 4" / 1'-0"4" / 1'-0" 4" / 1'-0" Project # Date Drawn by Checked by CALIBER DESIGN 151 S 9TH AVE STE. A CITY OF INDUSTRY, CA 91746 (626)768-3392 DESIGN PROJECT MANAGEMENT THESE PLANS WERE PREPARED EXCLUSIVELY FOR THIS PROJECT AS INSTRUMENTS OF SERVICE AND ARE THE EXCLUSIVE PROPERTY OF CALIBER DESIGN WHETHER THE PROJECT FOR WHICH THEY WERE PREPARED IS EXECUTED AND CONSTRUCTED OR NOT. ANY MODIFICATIONS SHALL REQUIRE WRITTEN AUTHORIZATION BY CALIBER DESIGN. THESE PLANS ARE NOT TO BE REPRODUCED IN PART OR IN WHOLE IN ANY FORM. REVISION A-2.03 ROOF PLAN Project Number Issue Date Author CheckerRESIDENTIAL REMODEL20948 MOONLAKEDIAMOND BAR, CANo. Description Date 1/4" = 1'-0"1 ROOF PLAN 7.2.b Packet Pg. 92 MATERIAL BOARD LIGHT FIXTURES FRONT DOOR ROOF ADU DOOR FASCIA AND TRIM COLOR 7.2.c Packet Pg. 93 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.3 MEETING DATE: September 13, 2022 CASE/FILE NUMBER: Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 PROJECT LOCATION: 2020 S. Brea Canyon Road GENERAL PLAN DESIGNATION: General Commercial ZONING DISTRICT: Community Commercial (C-2) PROPERTY OWNER: Nathaniel E. Williams, Metro Properties LLC APPLICANT: Sarah Bova, Thienes Engineering, Inc. SUMMARY: The applicant is requesting approval to subdivide an existing 2.09 -acre commercial property into two separate parcels within the Plaza Diamond Bar commercial center. No new construction is proposed, and there will be no physical changes to the buildings or property. The following entitlements are requested: (1) Tentative Parcel Map No. 83708 to subdivide an existing commercial property into two separate parcels; and (2) Parking Permit to share driveway access and parking between the newly created properties and within Plaza Diamond Bar. The subject property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial (C). RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval of Tentative Parcel Map and Parking Permit No. PL2022-07, based on the CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.3 Packet Pg. 94 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 2 of 7 findings of fact, and subject to the conditions of approval as listed within the draft resolution. Background The project site is a 2.09-acre existing commercial property located on the northeast corner of Brea Canyon Road and Pathfinder Road. The commercial center was built under Los Angeles County standards in 1981. The property consists of a 24,896 square-foot, two-story professional office building facing Pathfinder Road and a 9,283 square-foot, one-story inline commercial building consisting of a restaurant, retail, tutoring school, hair salon, and professional offices. The commercial properties to the north located within Plaza Diamond Bar are under separate ownership from the project site, and is not part of this proposed subdivision map. The property is legally described as Lot 1 of Parcel Map No. 13071, and the Assessor’s Parcel Number (APN) is 8765-01-007. Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses locat ed adjacent to the subject property: General Plan Designation Zoning District Land Use Site General Commercial C-2 Commercial Center Consisting of Professional Offices, Retail, Restaurant, Afterschool Tutoring North General Commercial C-2 Professional Offices South Open Space RL Undeveloped Area East N/A N/A SR-57 Freeway West Office C-1 Commercial Center Consisting of Professional Offices 7.3 Packet Pg. 95 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 3 of 7 Palomino Palomino Site Aerial N Project Location SR60 Diamond Bar Blvd. Pathfinder Road Brea Canyon Road SR57 7.3 Packet Pg. 96 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 4 of 7 View From Pathfinder Road View from Brea Canyon Road Project Description The applicant proposes to subdivide the commercial center into two separate parcels to allow each parcel to be sold off and separately owned. No new construction is proposed, and there will be no physical changes to the building s or property. The applicant is also requesting a parking permit to share driveway access and parking between the newly created properties and within Plaza Diamond Bar. The proposed subdivision will result in two separate parcels as listed below: Proposed Parcel Current Use Building Size Proposed Lot Size Parcel 1 Professional Offices 24,896 sq. ft. 50,747 sq. ft. Parcel 2 Inline Shops 9,283 sq. ft. 40,336 sq. ft. Existing Lot 91,083 sq. ft. (2.09 acres) 7.3 Packet Pg. 97 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 5 of 7 Proposed Tentative Parcel Map Plaza Diamond Bar currently has 269 parking spaces on -site and has an existing agreement within the four commercial properties to share parking and all driveways and access. Prior to recording the final map, this agreement would need to be amended to ensure that reciprocal access and parking rights and privileges are also retained among the newly created parcels. See Condition of Approval No. 7 under Tentative Parcel Map of the Draft Resolution (Attachment 1). The center also has an existing maintenance agreement with the commercial properties within the center. This agreement would likewise need to be amended prior to fi nal map recordation. ANALYSIS: Review Authority (Diamond Bar Municipal Code Sections 21.20.080 and 22.30.050) The proposed project requires two entitlement applications for review. The Tentative Parcel Map for the subdivision of land requires City Council approval, and the Parking Permit to share parking and driveway access requires Planning Commission approval. Section 22.48.030 of the Development Code requires all applications to be processed simultaneously by the highest review authority. Therefore, the Planning Commission’s role in this matter is to forward a recommendation to the City Council for two entitlements described below: Parcel 2 N 7.3 Packet Pg. 98 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 6 of 7 1. Tentative Parcel Map: Pursuant to Section 66424 of the Subdivision Map Act, a Tentative Parcel Map is required for the subdivision of any units/parcels of improved land for the purpose of sale, lease or financing. The existing commercial property is proposed to be subdivided into two separate parcels. These properties will be governed by a property owners associatio n/ property maintenance agreement. There are 269 parking spaces on -site to share within the existing Plaza Diamond Bar commercial center. The existing buildings comply with all required setbacks and development code regulations. The creation of new parcels meets the minimum lot size requirement and is in compliance with the required setbacks and floor area ratio. A property maintenance agreement to govern the two proposed parcels will be subject to review and approval by the City Attorney prior to final map approval. See Condition of Approval No. 5 under Tentative Parcel Map of the Draft Resolution (Attachment 1). 2. Parking Permit: Pursuant to Section 22.30.050 of the Development Code, where two or more commercial uses are developed as a recognized comm ercial center and those uses have distinct and differing peak parking usage periods, a reduction in the required number of parking spaces may be allowed through the approval of a parking permit, provided that the most remote space is located within 300 fee t of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction may be up to the number of spaces required for the least intensive of the two or more uses sharing the parking. Plaza Diamond Bar provides 269 off-street parking spaces. Staff required a parking study (Attachment 3) to analyze the parking demand for all five buildings and uses on-site that provides parking demand calculations based on parking survey observations and the Institute of Transportation Engineers (ITE) Parking Generation Rates (4th Edition) signed by a licensed traffic engineer. Based on the parking survey, the commercial center has a surplus parking of 191 spaces, and there are adequate surplus parking spaces during the peak tim e which is adequate to accommodate the parking demand of all buildings. A draft reciprocal parking and access agreement governing the proposed two parcels for the use and access of all common roads, driveways, parking, and easement areas will be reviewed and approved by the Planning Division and City Attorney’s Office prior to final map approval. See Condition of Approval No. 6 under Tentative Parcel Map of the Draft Resolution (Attachment 1). Compatibility with Neighborhood There are existing professional offices to the north and west of the project site. All existing buildings and uses within the project site will remain and no new construction will take place. Additional Review 7.3 Packet Pg. 99 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 7 of 7 The Public Works/Engineering Department and Building and Safety Divisio n reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site on August 30, 2022, and the notice was published in the San Gabriel Valley Tribune newspaper on September 2, 2022. 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 At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: The project has been reviewed for compliance 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(k) (subdivision of existing commercial buildings, where no physical changes occur) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: REVIEWED BY: Attachments: A. Draft PC Resolution No. 2022-XX and Conditions of Approval B. Proposed Tentative Parcel Map No. 83708 C. Parking Study Dated November 8, 2021 7.3 Packet Pg. 100 PLANNING COMMISSION RESOLUTION NO. 2022-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP NO. 83708 TO SUBDIVIDE A 2.09-ACRE EXISTING COMMERCIAL PROPERTY INTO TWO PARCELS, AND PARKING PERMIT NO. PL2022-07 TO SHARE DRIVEWAY AND PARKING ACCESS BETWEEN THE TWO PARCELS, CURRENTLY ADDRESSED AS 2020 S. BREA CANYON ROAD, DIAMOND BAR, CA 91765 (ASSESSOR’S PARCEL NOS. 8765-01-007). A. RECITALS 1. The property owner, Nathaniel E. Williams, Metro Properties LLC and applicant, Sarah Bova of Thienes Engineering, Inc., have filed an application for Tentative Parcel Map No. 83708, to create a two-lot subdivision. The subject property consists of approximately 2.09 acres at the northeast corner of Brea Canyon Road and Pathfinder Road, with the site developed as a commercial center. Proposed Parcel 1 is 50,747 square feet (1.165 acres) and proposed Parcel 2 is 40,336 square feet (0.926 acres). No new construction is proposed with this request. The subject property is more specifically described as 2020 S. Brea Canyon Road, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Tentative Parcel Map and Parking Permit shall be collectively referred to as the “Proposed Subdivision.” 2. The subject property is located in the Community Commercial (C-2) zone with a General Plan land use designation of General Commercial. 3. The legal description of the subject property is Lot 1 of Parcel Map No. 13071. The Assessor’s Parcel Number is 8765-01-007. 4. On September 2, 2022, notification of the public hearing for the Proposed Subdivision was published in the San Gabriel Valley Tribune newspaper. On August 30, 2022, public hearing notices were mailed to property owners within a 500-foot radius of the subject property and posted at the City’s designated community posting sites. 5. On September 13, 2022, 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. 6. The documents and materials constituting the administrative record of the proceedings upon which the City’s decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 7.3.a Packet Pg. 101 2 PC Resolution No. 2022-XX 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 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(k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) 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 21.20.080 and 22.30.050, this Planning Commission hereby recommends that the City Council makes the following findings: The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the Proposed Subdivision set forth in the application, there is no evidence before this Planning Commission that the Proposed Subdivision proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City’s Subdivision Ordinance, the Planning Commission recommends that the City Council make the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan: The proposed project involves the subdivision of an existing 2.09-acre commercial property into two separate parcels within Plaza Diamond Bar commercial center. No new construction is proposed, and there will be no physical changes to the buildings and property. The newly subdivided parcels will share driveway access and parking between the newly created parcels and properties located within Plaza Diamond Bar. The General Plan land use designation for the site is General Commercial (C). The proposed project is consistent with the General Plan land use designation. The project site is not a part of any specific plan. 2. The site is physically suitable for the type and proposed density of development: The property is already improved with existing buildings. No new construction is proposed, and there will be no physical changes to the building and property. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat: 7.3.a Packet Pg. 102 3 PC Resolution No. 2022-XX The design of the subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. In addition, no new construction is proposed, and there will be no physical changes to the building and property. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems: The proposed subdivision is not likely to cause serious public health or safety problems because the existing site is located in an urbanized area. No new construction is proposed, and there will be no physical changes to the building and property. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision: A condition is added to the project requiring a reciprocal parking and access agreement with the newly created parcels and properties within Plaza Diamond Bar commercial center for the use and access of all common roads, driveways, parking, and easement areas, prior to final map approval. 6. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board: Each lot shall be served by a separate sewer lateral which shall not cross any other lot lines. In the event that it is determined that each lot is not serviced by a separate independent sewer lateral, joint sewer maintenance and sewer line easements which cross the lot lines shall be identified in the joint agreements between properties. Therefore, no further environmental review is required. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions: The property is already improved with existing buildings. No new construction or grading is proposed, and there will be no physical changes to the building and property. 8. The proposed subdivision is consistent with all applicable provisions of the City’s subdivision ordinance, the development code, and the subdivision map act: The proposed subdivision is consistent with the City’s subdivision ordinance, subdivision map act, and applicable development code. The existing buildings comply with all required setbacks and development code regulations. 7.3.a Packet Pg. 103 4 PC Resolution No. 2022-XX Parking Permit Findings (DBMC Section 22.30.050) 1. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved: Plaza Diamond Bar provides 269 off-street parking spaces. A parking study analyzed the parking demand for all five buildings and uses on -site that provides parking demand calculations based on parking survey observations and the Institute of Transportation Engineers (ITE) Parking Generation Rates (4th Edition) signed by a licensed engineer. Based on the parking survey, the center has a surplus parking of 191 spaces, and there are adequate surplus parking spaces during the peak time which is adequate to accommodate the parking demand of all existing buildings. 2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of off-street parking requirements for shared uses): When reviewing parking impacts on commercial centers, the various uses and peak business hours for those uses are taken into consideration. The existing commercial center has uses ranging from restaurant, personal services, retail, and professional office uses. The different uses result in a range of peak business hours and parking demands. Due to this, staff does not foresee any parking issues resulting from the proposed subdivision of land. In addition, the existing parking supply is adequate with a surplus of spaces. D. CONDITIONS OF APPROVAL Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 21.20.080 and 22.30.050, this Planning Commission hereby finds and recommends that the City Council approve the Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07, subject to the following conditions, and the attached Standard Conditions of Approval: A. GENERAL 1. The subdivision shall comply with the Conditions of Approval attached hereto and referenced herein. 2. The applicant shall comply with the requirements of City Planning, Building and Safety Division Divisions, and Public Works/Engineering Department. 3. 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 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07, 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 applicant pay the remaining City processing fees. 7.3.a Packet Pg. 104 5 PC Resolution No. 2022-XX 4. The Parking Permit is approved subject to the Tentative Parcel Map conditions of approval. B. TENTATIVE PARCEL MAP 1. Approval of the Tentative Parcel Map is for subdivision of land only. No land use or development entitlements are expressed or implied. 2. Approval of Tentative Parcel Map No. 83708 shall not be interpreted as repealing, abrogating, or annulling any private easement, covenant, or dual restriction imposed on the subject property. 3. Prior to final map approval, the applicant shall fully comply with the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreement s) of the Subdivision Ordinance, as applicable. 4. The approval of the Tentative Parcel Map No. 83708 expires within three years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 21.20.140. The applicant may request in writing for a time extension if submitted to the City no less than 30 days prior to the approval’s expiration date, subject to DBMC Section 21.20.150 for City Council approval. 5. Prior to final map approval, the Covenants, Conditions, and Restrictions (CC&R’s)/Property Maintenance Agreement that governs the two parcels shall be reviewed and approved by the City Attorney. 6. Prior to final map approval, a reciprocal access and parking agreement for the use and access of all common roads, driveways, parking, and easement areas shall be reviewed and approved by the Community Development Director and City Attorney. 7. The existing reciprocal access and parking agreement with the commercial properties to the north shall be amended to reflect the subdivision of the two parcels, and shall be reviewed and approved by the Community Development Director and City Attorney prior to final map approval. 8. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. 7.3.a Packet Pg. 105 6 PC Resolution No. 2022-XX APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 2022, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ Raymond Wolfe, 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 13th day of September 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ___________________________ Greg Gubman, Secretary 7.3.a Packet Pg. 106 7 PC Resolution No. 2022-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS COMMERCIAL SUBDIVISION PROJECT #: Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 SUBJECT: To create a two-lot subdivision. The subject property consists of approximately 2.09 acres. Proposed Parcel 1 will be 50,747 square feet (1.165 acres) and Proposed Parcel 2 will be 40,336 square feet (0.926 acres). PROPERTY Nathaniel E. Williams, Metro Properties LLC, 15243 La Cruz OWNER(S): Drive #661, Pacific Palisades, CA 90272 APPLICANT: Sarah Bova, Thienes Engineering, Inc. 14349 Firestone Blvd. La Mirada, CA 90638 LOCATION: 2020 S. Brea Canyon Road, 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. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set -aside, void or annul, the approval of Tentative Parcel Map No. 83708 No. PL2022-07 brought within the time period provided by Government Code Section 66499.37 or any claim, action or proceeding alleging subdivision of the property is prohibited by contract, Covenants, Conditions, and Restrictions, or similar instruments. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims. 7.3.a Packet Pg. 107 8 PC Resolution No. 2022-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. The subdivider/applicant shall remove the public hearing notice board within three (3) days of this Proposed Subdivision’s approval. 3. Approval of this request shall not waive compliance with all sections of the Development Code, all applicable City Ordinances, and any applicable Specific Plan in effect at the time of grading and building permit issuance. 4. The Proposed Subdivision site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. 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 Tentative Parcel Map and Parking Permit No. PL 2022-07 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. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations. 7. 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. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, and Public Works 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 final map approval, all deposit accounts for the processing of this project shall have no deficits. 7.3.a Packet Pg. 108 9 PC Resolution No. 2022-XX C. TIME LIMITS 1. The approval of Tentative Parcel Map and Parking Permit shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBMC Sections 21.20.140 and 22.66.050(b)(1). The applicant may request in writing for a one year time extension subject to DBMC Sections 21.20.150 and 22.66.050(c) for City Council approval. D. 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 insure 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT AT (909) 839-7040 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the dis trict, utility and cable television company, within ninety (90) days prior to final map approval. 3. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 4. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 5. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible 7.3.a Packet Pg. 109 10 PC Resolution No. 2022-XX copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 6. Applicant shall submit payment for the review of the Final Map. Charges shall be on an hourly basis and shall include any City administrative costs. 7. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 8. The site topography shows the natural drainage course, draining from Parcel 1 to Parcel 2. A note shall be included on the Final Map indicating that neither property owner shall modify or block drainage patterns that would impact the cross-lot drainage without prior approval from the City of Diamond Bar. END 7.3.a Packet Pg. 110 7.3.bPacket Pg. 111 Tra c Engineering Transporta on Planning Parking Noise & Vibra on Air Quality Global Climate Change Health Risk Assessment PLAZA DIAMOND BAR SUBDIVISION PARKING STUDY City of Diamond Bar November 8,2021 7.3.c Packet Pg. 112 555 Park Center Drive, Suite 225, Santa Ana, California 92705 (714) 795-3100 | ganddini.com November 8, 2021 Mr. Nat Williams, Director PLAZA DIAMOND BAR HOLDINGS, LLC c/o Metro Properties, LLC 15243 La Cruz Drive, #661 Pacific Palisades, California 90272 RE: Plaza Diamond Bar Subdivision Parking Study 19427 Dear Mr. Williams: INTRODUCTION Ganddini Group, Inc. is pleased to provide this parking study for the existing Plaza Diamond Bar commercial center located at 2020 and 2040 South Brea Canyon Road in the City of Diamond Bar. Figure 1 shows the project location map. Figure 2 shows the existing site plan for the existing commercial center, which includes the following five existing buildings within the existing Plaza Diamond Bar commercial center:  Building A – 2020 South Brea Canyon Road  Building B – 1950 South Brea Canyon Road  Building C – 1930 South Brea Canyon Road  Building D – 1900 South Brea Canyon Road  Building E – 2040 South Brea Canyon Road The proposed project involves a subdivision of the parcel containing Building A and Building E in order to allow for the sale of each building separately. Building A has a total building area of approximately 9,200 square feet, and it is mostly occupied with the exception of Suite A5 which is currently vacant with approximately 1,200 square feet of vacancy. Building E has a total building area of approximately 24,896 square feet, and it is mostly occupied with the exception of Suite E130 and Suite E160 which is currently vacant with approximately 3,197 square feet of vacancy. The purpose of this parking study is to assess the overall adequacy of the parking supply of the Plaza Diamond Bar commercial center including the estimated occupancy of the current vacant spaces for a total 100% occupancy at all five buildings within the commercial center. CITY CODE REQUIREMENTS The City of Diamond Bar has specific parking requirements for various land uses for the existing Plaza Diamond Bar commercial center. Table 1 shows the parking code requirement calculations for the occupied spaces plus the following estimated occupancy for the current vacant spaces at all five buildings:  Building A – 2020 South Brea Canyon Road o Suite A5 – 1,200 square feet of general office 7.3.c Packet Pg. 113 Mr. Nat Williams PLAZA DIAMOND BAR HOLDINGS, LLC November 8, 2021 Plaza Diamond Bar Subdivision Parking Study 2 19427  Building B – 1950 South Brea Canyon Road o Suites B1 to B5 – 6,899 square feet of medical/dental office o Suite B7 – 946 square feet of medical/dental office  Building C – 1930 South Brea Canyon Road o Various Vacant Suites – 5,357 square feet of general office  Building D – 1900 South Brea Canyon Road o 50% General Office – 4,450 square feet of general office o 50% Medical/Dental Office - 4,450 square feet of medical/dental office  Building E – 2040 South Brea Canyon Road o Suite E130 – 1,189 square feet of medical/dental office o Suite E160 – 2,008 square feet of medical/dental office As shown in Table 1, the parking code will require a total of 284 parking spaces for Plaza Diamond Bar commercial center. Since the existing Plaza Diamond Bar commercial center currently provides a total of 269 on-site parking spaces, there is a parking deficit of 15 parking spaces based on the City of Diamond Bar Municipal Code (City Code) off-street parking requirements. The City Code parking requirements assume each land use as an isolated, single-use setting rather than a multi-use commercial center that has varying peak parking demand for different uses throughout different time periods of the day. It would be more appropriate to consider a more-realistic peak parking demand based on industry standard parking rates with the consideration of the characteristics of the time-of-day distribution of parking demand. It is recommended that the peak parking demand be estimated using the parking survey data published in the Institute of Transportation Engineers, Parking Generation, 4th Edition, 2010. It is also recommended that the existing parking count be collected at the parking lot of the proposed site data to assess the existing parking demand and the data be utilized as a calibration tool to determine more comparable parking rates to estimate the future parking demand. Based on previous parking studies for the Plaza Diamond Bar commercial center, the City of Diamond Bar has requested that the parking counts should identify the existing parking occupancy and available parking supply for the parking area within 300 feet of the entrance to the project building to address the City Code requirement listed below: Where two or more nonresidential uses are developed as a recognized shopping or professional center and two or more uses have distinct and differing peak parking usage periods, (e.g. a theater and a bank), a reduction in the required number of parking spaces may be allowed through the approval of a parking permit, provided that the most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction may be up to the amount of spaces required for the least intensive of the two or more uses sharing the parking. A shared parking analysis may be required by the director to support a request for a parking reduction. EXISTING PARKING COUNTS AT THE PROPOSED SITE Parking occupancy count data were collected at the parking lot of the proposed site on Wednesday (October 6, 2021) and Saturday (October 9, 2021) from 8:00 AM to 8:00 PM in 15-minute intervals. Table 2 shows the results of the Wednesday counts and Table 3 shows the results of the Saturday counts. Figure 3 shows the parking zone map. Based on the field observation, the existing Plaza Diamond Bar commercial center appears to have a low turnover rate of parked vehicles. At the time of the parking counts, the existing commercial 7.3.c Packet Pg. 114 Mr. Nat Williams PLAZA DIAMOND BAR HOLDINGS, LLC November 8, 2021 Plaza Diamond Bar Subdivision Parking Study 3 19427 center had many vacancies. Based on the parking counts, the 269-space parking lot for the existing commercial center has a high quantity of surplus parking with 191 surplus spaces, which equates to a parking utilization of 29% while the commercial center is mostly leased out at approximate 65% tenant occupancy based the current rent roll provided by the applicant. In addition to the overall parking supply for the commercial center, the October 2021 counts also identify the parking occupancy and available parking spaces for the parking areas within 300 feet of the building entrances for each individual building. For Building A, the parking areas within 300 feet of the Building A entrances are Parking Zones 1 and 3 through Zone 7 shown in Figure 3. The 300-foot radius parking area accounts for 201 spaces, or approximately 75% of the entire parking lot for the Plaza Diamond Bar commercial center. The highest parking demand for the 300-foot radius parking area occurred on Saturday (October 9, 2021) from 12:45 PM to 1:00 PM with 65 occupied spaces for a 32% occupancy rate, which has 136 surplus spaces while the overall commercial center has a 29% parking occupancy rate with 191 surplus spaces from 3:15 PM to 3:30 PM on Wednesday (October 6, 2021). Based on the parking counts, there is a high quantity of surplus parking within 300 feet of the project building entrance and within the entire parking lot of the Plaza Diamond Bar commercial center, which has a parking utilization between 25% and 29% while the commercial center is leased out at approximately 65% tenant occupancy. For the parking area within 300 feet of the project building entrance, the existing parking counts show that there are 136 surplus parking spaces during the peak time which is adequate to accommodate Building A’s additional parking demand of 3 parking spaces required by the City Code. For Building B, the parking areas within 300 feet of the Building B entrances are Parking Zone 1 through Zone 6 shown in Figure 4. The 300-foot radius parking area accounts for 164 spaces, or approximately 61% of the entire parking lot for the Plaza Diamond Bar commercial center. The highest parking demand for the 300-foot radius parking area occurred on Wednesday (October 6, 2021) from 1:30 PM to 1:45 PM with 49 occupied spaces for a 30% occupancy rate, which has 148 surplus spaces while the overall commercial center has a 29% parking occupancy rate with 191 surplus spaces from 3:15 PM to 3:30 PM on Wednesday (October 6, 2021). Based on the parking counts, there is a high quantity of surplus parking within 300 feet of the project building entrance and within the entire parking lot of the Plaza Diamond Bar commercial center, which has a parking utilization between 25% and 29% while the commercial center is leased out at approximately 65% tenant occupancy. For the parking area within 300 feet of the project building entrance, the existing parking counts show that there are 115 surplus parking spaces during the peak time which is adequate to accommodate Building B’s additional parking demand of 32 parking spaces required by the City Code. For Building C, the parking areas within 300 feet of the Building C entrances are Parking Zone 1 through Zone 4 and Zone 8 shown in Figure 5. The 300-foot radius parking area accounts for 174 spaces, or approximately 65% of the entire parking lot for the Plaza Diamond Bar commercial center. The highest parking demand for the 300-foot radius parking area occurred on Wednesday (October 6, 2021) from 1:30 PM to 1:45 PM with 50 occupied spaces for a 29% occupancy rate, which has 124 surplus spaces while the overall commercial center has a 29% parking occupancy rate with 191 surplus spaces from 3:15 PM to 3:30 PM on Wednesday (October 6, 2021). Based on the parking counts, there is a high quantity of surplus parking within 300 feet of the project building entrance and within the entire parking lot of the Plaza Diamond Bar commercial center, which has a parking utilization between 25% and 29% while the commercial center is leased out at approximately 65% tenant occupancy. For the parking area within 300 feet of the project building entrance, the existing parking counts show that there are 124 surplus parking spaces during the peak time which is adequate to accommodate Building C’s additional parking demand of 13 parking spaces required by the City Code. 7.3.c Packet Pg. 115 Mr. Nat Williams PLAZA DIAMOND BAR HOLDINGS, LLC November 8, 2021 Plaza Diamond Bar Subdivision Parking Study 4 19427 For Building D, the parking areas within 300 feet of the Building D entrances are Parking Zone 2 and Zone 8 shown in Figure 6. The 300-foot radius parking area accounts for 68 spaces, or approximately 25% of the entire parking lot for the Plaza Diamond Bar commercial center. The highest parking demand for the 300-foot radius parking area occurred on Wednesday (October 6, 2021) from 10:45 AM to 1:45 PM with 30 occupied spaces for a 44% occupancy rate, which has 38 surplus spaces while the overall commercial center has a 29% parking occupancy rate with 191 surplus spaces from 3:15 PM to 3:30 PM on Wednesday (October 6, 2021). Based on the parking counts, there is a high quantity of surplus parking within 300 feet of the project building entrance and within the entire parking lot of the Plaza Diamond Bar commercial center, which has a parking utilization between 25% and 29% while the commercial center is leased out at approximately 65% tenant occupancy. For the parking area within 300 feet of the project building entrance, the existing parking counts show that there are 38 surplus parking spaces during the peak time which is adequate to accommodate Building D’s additional parking demand of 29 parking spaces required by the City Code. For Building E, the parking areas within 300 feet of the Building E entrances are Parking Zone 1 and Zone 4 through Zone 7 shown in Figure 7. The 300-foot radius parking area accounts for 177 spaces, or approximately 66% of the entire parking lot for the Plaza Diamond Bar commercial center. The highest parking demand for the 300-foot radius parking area occurred on Wednesday (October 6, 2021) from 3:15 PM to 3:30 PM with 50 occupied spaces for a 28% occupancy rate, which has 127 surplus spaces while the overall commercial center has a 29% parking occupancy rate with 191 surplus spaces from 3:15 PM to 3:30 PM on Wednesday (October 6, 2021). Based on the parking counts, there is a high quantity of surplus parking within 300 feet of the project building entrance and within the entire parking lot of the Plaza Diamond Bar commercial center, which has a parking utilization between 25% and 29% while the commercial center is leased out at approximately 65% tenant occupancy. For the parking area within 300 feet of the project building entrance, the existing parking counts show that there are 127 surplus parking spaces during the peak time which is adequate to accommodate Building E’s additional parking demand of 14 parking spaces required by the City Code. PROJECTED PARKING DEMAND BASED ON ITE PARKING RATES Table 4 shows the Plaza Diamond Bar parking demand calculation using the peak parking rates based on the Institute of Transportation Engineers Parking Generation Manual, 4th Edition, 2010. The existing parking count data (Table 2 and Table 3) have been utilized as a calibration tool to determine more comparable parking rates to estimate the future parking demand. The Parking Generation Manual peak parking rates are based on an accumulation of parking survey data collected by the Institute of Transportation Engineers from various land uses, and the peak parking rates are considered an industry standard in parking generation estimation (see Appendix A). The unadjusted peak parking demand is calculated using the Institute of Transportation Engineers peak parking rates with the land use quantity such as building size. The unadjusted peak parking demand is the worst-case scenario that assumes all various land uses peaks at the exact same time at 100% of the peak parking rates. The unadjusted peak parking demand usually overstates the actual parking demand because different land uses have different hourly peaking characteristics throughout the day. Therefore, it is appropriate to adjust the peak parking demand using a time-variance adjustment factor that takes into consideration the hourly time variance of the peak parking rates. For instance, between 11:00 AM and 4:00 PM when the time-variance factor for the proposed medical/dental office and the proposed tutoring school peak demands are 100%, while the factor is lower for the general office land use at 98%. In essence, the multi-use commercial center allows for shared parking spaces with a reduced parking supply because the peak demands of individual tenants occurs at different times throughout the day. The land use time-variance factor are based on the time-of-day distribution percentages between 11:00 PM and 4:00 PM, which are published in the Parking Generation Manual (see Appendix A). The time-of-day distribution percentages are statistical data based on the Parking Generation Manual survey data. The adjusted peak parking demand is a 7.3.c Packet Pg. 116 7.3.c Packet Pg. 117 Figure 1 Project Location Map Plaza Diamond Bar Subdivision Parking Study 19427 N Site BREA CANYON RDP A T H F I N D E R R D 57 Site 6 7.3.c Packet Pg. 118 Figure 2 Site Plan Plaza Diamond Bar Subdivision Parking Study 19427 N Bldg. D Bldg. C Bldg. B Bldg. A Bldg. E 1900 1930 1950 2020 2040 7 7.3.c Packet Pg. 119 Figure 3 Building A Parking Zone Map Plaza Diamond Bar Subdivision Parking Study 19427 N 1 2 3 8 4 5 6 7 Parking area within 300ft of entrance to Building A (Zones 1, and 3 to 7) Bldg. A 1950 8 7.3.c Packet Pg. 120 Figure 4 Building B Parking Zone Map Plaza Diamond Bar Subdivision Parking Study 19427 N 1 2 3 8 4 5 6 7 Parking area within 300ft of entrance to Building B (Zones 1 to 6) Bldg. B 1950 9 7.3.c Packet Pg. 121 Figure 5 Building C Parking Zone Map Plaza Diamond Bar Subdivision Parking Study 19427 N 1 2 3 8 4 5 6 7 Parking area within 300ft of entrance to Building C (Zones 1 to 4 and 8) Bldg. C 1930 10 7.3.c Packet Pg. 122 Figure 6 Building D Parking Zone Map Plaza Diamond Bar Subdivision Parking Study 19427 N 1 2 3 8 4 5 6 7 Parking area within 300ft of entrance to Building D (Zones 2 and 8) Bldg. D 1900 11 7.3.c Packet Pg. 123 Figure 7 Building E Parking Zone Map Plaza Diamond Bar Subdivision Parking Study 19427 N 1 2 3 8 4 5 6 7 Parking area within 300ft of entrance to Building E (Zones 1, and 4 to 6) Bldg. E 2040 12 7.3.c Packet Pg. 124 Suite Tenant Land Use Quantity Units¹ Number of Parking Spaces A1 Pei-Chi Wu, DO Medical/Dental Office 1,000 SF 1 Space : 250 SF 4 A2 Diamond Bar Delicatessan Delicatessens 1,200 SF 1 Space : 250 SF 5 Tutoring Studio 1,200 SF 1 Space : 200 SF 6 Employee 2 EMP 1 Space : 1 EMP 2 A4 Liquor Store Convenience Store 1,200 SF 1 Space : 250 SF 5 A5 VACANT Office, Administrative 1,200 SF 1 Space : 400 SF 3 A6 Hair Salon Personal Services 1,200 SF 1 Space : 250 SF 5 A7 First American Title Company Offices, Administrative 2,200 SF 1 Space : 400 SF 6 B1- B5 VACANT Medical/Dental Office 6,899 SF 1 Space : 250 SF 28 B6 Dr. Bruce D. Gaudino Medical/Dental Office 1,311 SF 1 Space : 250 SF 5 B7 VACANT Medical/Dental Office 946 SF 1 Space : 250 SF 4 C Various Tenants Office, Administrative 13,558 SF 1 Space : 400 SF 34 C VACANT Office, Administrative 5,357 SF 1 Space : 400 SF 13 D VACANT Office, Administrative 4,450 SF 1 Space : 400 SF 11 D VACANT Medical/Dental Office 4,450 SF 1 Space : 250 SF 18 Non-Degree School 6,354 SF 1 Space : 200 SF 32 Employee 2 EMP 1 Space : 1 EMP 2 E130 VACANT Medical/Dental Office 1,189 SF 1 Space : 250 SF 5 E140, E150 Soyoung Cho Office, Administrative 2,212 SF 1 Space : 400 SF 6 E160 VACANT Medical/Dental Office 2,008 SF 1 Space : 250 SF 9 E200 Dr. Robin Abari Medical/Dental Office 3,174 SF 1 Space : 250 SF 13 E210 Dr. James Chae Medical/Dental Office 2,860 SF 1 Space : 250 SF 11 Tutoring Studio 4,818 SF 1 Space : 200 SF 25 Employee 15 EMP 1 Space : 1 EMP 15 Tutoring Studio 2,281 SF 1 Space : 200 SF 11 Employee 6 EMP 1 Space : 1 EMP 6 284 269 -15 (1) (2) Table 1 Parking Spaces Required by City of Diamond Bar Municipal Code Building Parking Code Requirement² A A3 SoCal Math, LLC B C D SF = Square Feet; EMP = Employees Source: City of Diamond Bar Municipal Code E240 Lee's Review Learning Total Project Parking Spaces Required by Municipal Code Parking Supply Provided by the Project Parking Surplus (+) / Deficit (-) for the Project Notes: E E100 Nobel University E220, E230 Sky Village Enterprises, Inc. Plaza Diamond Bar Subdivision Parking Study 1924713 7.3.c Packet Pg. 125 Table 2 (1 of 2) 1 2 3 4 5 6 7 8 Percent Occupied Percent Occupied Percent Occupied Percent Occupied Percent Occupied Percent Occupied 8:00 AM -8:15 AM 0 0 0 0 0 0 0 3 3 1% 0 0% 0 0% 3 2% 3 4% 0 0% 8:15 AM -8:30 AM 0 2 1 1 0 0 1 6 11 4% 3 1% 4 2% 10 6% 8 12% 2 1% 8:30 AM -8:45 AM 0 2 1 1 0 1 1 7 13 5% 4 2% 5 3% 11 6% 9 13% 3 2% 8:45 AM -9:00 AM 0 4 1 0 0 1 3 10 19 7% 5 2% 6 4% 15 9% 14 21% 4 2% 9:00 AM -9:15 AM 1 11 1 1 2 1 7 12 36 13% 13 6% 17 10% 26 15% 23 34% 12 7% 9:15 AM -9:30 AM 3 12 2 1 4 1 6 13 42 16% 17 8% 23 14% 31 18% 25 37% 15 8% 9:30 AM -9:45 AM 3 13 2 2 4 1 6 12 43 16% 18 9% 25 15% 32 18% 25 37% 16 9% 9:45 AM -10:00 AM 3 13 2 3 4 1 6 12 44 16% 19 9% 26 16% 33 19% 25 37% 17 10% 10:00 AM -10:15 AM 6 14 2 6 7 1 9 11 56 21% 31 15% 36 22% 39 22% 25 37% 29 16% 10:15 AM -10:30 AM 6 14 2 10 8 1 10 12 63 23% 37 18% 41 25% 44 25% 26 38% 35 20% 10:30 AM -10:45 AM 11 15 2 7 9 2 12 14 72 27% 43 21% 46 28% 49 28% 29 43% 41 23% 10:45 AM -11:00 AM 9 15 2 7 9 2 11 15 70 26% 40 20% 44 27% 48 28% 30 1 44% 38 21% 11:00 AM -11:15 AM 10 15 2 6 10 4 10 13 70 26% 42 21% 47 29% 46 26% 28 41% 40 23% 11:15 AM -11:30 AM 6 15 2 6 11 5 10 13 68 25% 40 20% 45 27% 42 24% 28 41% 38 21% 11:30 AM -11:45 AM 6 14 3 5 7 5 9 15 64 24% 35 17% 40 24% 43 25% 29 43% 32 18% 11:45 AM -12:00 PM 8 14 3 4 7 9 11 16 72 27% 42 21% 45 27% 45 26% 30 1 44% 39 22% 12:00 PM -12:15 PM 6 14 3 3 8 8 12 16 70 26% 40 20% 42 26% 42 24% 30 1 44% 37 21% 12:15 PM -12:30 PM 8 13 3 4 8 8 14 17 75 28% 45 22% 44 27% 45 26% 30 1 44% 42 24% 12:30 PM -12:45 PM 8 13 4 6 8 9 13 16 77 29% 48 24% 48 29% 47 27% 29 43% 44 25% 12:45 PM -1:00 PM 6 13 3 5 8 8 11 14 68 25% 41 20% 43 26% 41 24% 27 40% 38 21% 1:00 PM -1:15 PM 4 14 3 4 8 9 11 14 67 25% 39 19% 42 26% 39 22% 28 41% 36 20% 1:15 PM -1:30 PM 5 12 2 4 8 7 8 16 62 23% 34 17% 38 23% 39 22% 28 41% 32 18% 1:30 PM -1:45 PM 11 14 2 7 8 7 8 16 73 27% 43 21% 49 1 30% 50 1 29% 30 1 44% 41 23% 1:45 PM -2:00 PM 11 12 2 6 9 8 8 14 70 26% 44 22% 48 29% 45 26% 26 38% 42 24% 2:00 PM -2:15 PM 12 10 2 3 9 5 9 13 63 23% 40 20% 41 25% 40 23% 23 34% 38 21% 2:15 PM -2:30 PM 18 9 2 2 10 6 10 14 71 26% 48 24% 47 29% 45 26% 23 34% 46 26% 2:30 PM -2:45 PM 9 8 2 2 10 7 13 13 64 24% 43 21% 38 23% 34 20% 21 31% 41 23% 2:45 PM -3:00 PM 9 10 2 2 10 6 16 12 67 25% 45 22% 39 24% 35 20% 22 32% 43 24% 3:00 PM -3:15 PM 12 10 2 2 10 4 21 13 74 28% 51 25% 40 24% 39 22% 23 34% 49 28% Occupied Spaces Survey Time Period Occupied Spaces Occupied Spaces Occupied Spaces Occupied Spaces Occupied Spaces Existing 2021 Wednesday Parking Occupancy Survey Results Parking Zone Overall Parking in Plaza Diamond Bar Parking Within 300' of Entrance to Each Building Bldg A (Zone 1,3-7) Bldg B (Zone 1-6) Bldg C (Zone 1-4,8) Bldg D (Zone 2,8) Bldg E (Zones 1,4-7) Plaza Diamond Bar Subdivision Parking Study 1924714 7.3.c Packet Pg. 126 Table 2 (2 of 2) 1 2 3 4 5 6 7 8 Percent Occupied Percent Occupied Percent Occupied Percent Occupied Percent Occupied Percent Occupied Occupied Spaces Survey Time Period Occupied Spaces Occupied Spaces Occupied Spaces Occupied Spaces Occupied Spaces Existing 2021 Wednesday Parking Occupancy Survey Results Parking Zone Overall Parking in Plaza Diamond Bar Parking Within 300' of Entrance to Each Building Bldg A (Zone 1,3-7) Bldg B (Zone 1-6) Bldg C (Zone 1-4,8) Bldg D (Zone 2,8) Bldg E (Zones 1,4-7) 3:15 PM -3:30 PM 10 9 3 3 10 8 19 16 78 1 29% 53 1 26% 43 26% 41 24% 25 37% 50 1 28% 3:30 PM -3:45 PM 10 10 3 3 11 6 18 14 75 28% 51 25% 43 26% 40 23% 24 35% 48 27% 3:45 PM -4:00 PM 11 9 2 2 11 6 18 16 75 28% 50 25% 41 25% 40 23% 25 37% 48 27% 4:00 PM -4:15 PM 8 9 2 2 10 4 17 14 66 25% 43 21% 35 21% 35 20% 23 34% 41 23% 4:15 PM -4:30 PM 9 9 2 1 9 6 21 14 71 26% 48 24% 36 22% 35 20% 23 34% 46 26% 4:30 PM -4:45 PM 7 8 2 1 9 5 20 15 67 25% 44 22% 32 20% 33 19% 23 34% 42 24% 4:45 PM -5:00 PM 8 8 2 2 9 7 19 13 68 25% 47 23% 36 22% 33 19% 21 31% 45 25% 5:00 PM -5:15 PM 6 9 0 3 8 6 19 12 63 23% 42 21% 32 20% 30 17% 21 31% 42 24% 5:15 PM -5:30 PM 4 8 1 3 5 5 19 7 52 19% 37 18% 26 16% 23 13% 15 22% 36 20% 5:30 PM -5:45 PM 5 9 0 2 3 4 19 3 45 17% 33 16% 23 14% 19 11% 12 18% 33 19% 5:45 PM -6:00 PM 4 7 1 2 3 4 17 1 39 14% 31 15% 21 13% 15 9% 8 12% 30 17% 6:00 PM -6:15 PM 3 5 1 1 2 4 20 0 36 13% 31 15% 16 10% 10 6% 5 7% 30 17% 6:15 PM -6:30 PM 2 4 0 1 2 4 11 0 24 9% 20 10% 13 8% 7 4% 4 6% 20 11% 6:30 PM -6:45 PM 2 4 0 1 1 4 9 0 21 8% 17 8% 12 7% 7 4% 4 6% 17 10% 6:45 PM -7:00 PM 2 2 0 1 1 7 10 1 24 9% 21 10% 13 8% 6 3% 3 4% 21 12% 7:00 PM -7:15 PM 1 2 0 1 1 8 6 1 20 7% 17 8% 13 8% 5 3% 3 4% 17 10% 7:15 PM -7:30 PM 0 1 0 0 0 4 5 1 11 4% 9 4% 5 3% 2 1% 2 3% 9 5% 7:30 PM -7:45 PM 0 1 0 1 0 1 1 1 5 2% 3 1% 3 2% 3 2% 2 3% 3 2% 7:45 PM -8:00 PM 0 0 0 1 0 1 1 1 4 1% 3 1% 2 1% 2 1% 1 1% 3 2% 40 21 24 42 15 22 58 47 269 100%201 100%164 100%174 100%68 100%177 100% 18 15 4 10 11 9 21 17 78 29%53 26%49 30%50 29%30 44%50 28% +22 +6 +20 +32 +4 +13 +37 +30 +191 +71%+148 +74%+115 +70%+124 +71%+38 +56%+127 +72% Notes:(1) Current peak parking demand. Existing parking occupancy counts conducted on Wednesday, October 6, 2021. (2) Plaza Diamond Bar provides a total of 269 parking spaces. The parking areas within 300 feet of each building entrance: Building A [Zones 1, 3 to 7] = 201 parking spaces. Building B [Zones 1 to 6] = 164 parking spaces. Building C [Zones 1 to 4, 8] = 174 parking spaces. Building D [Zones 2, 8] = 68 parking spaces. Building E [Zones 1, 4 to 7] = 177 parking spaces. Parking Capacity² Peak Parking Demand Surplus (+) / Deficit (-) Plaza Diamond Bar Subdivision Parking Study 1924715 7.3.c Packet Pg. 127 Table 3 (1 of 2) 1 2 3 4 5 6 7 8 Percent Occupied Percent Occupied Percent Occupied Percent Occupied Percent Occupied Percent Occupied 8:00 AM -8:15 AM 0 0 0 0 1 0 12 0 13 5% 13 6% 1 1% 0 0% 0 0% 13 7% 8:15 AM -8:30 AM 0 0 0 0 4 2 24 0 30 11% 30 15% 6 4% 0 0% 0 0% 30 17% 8:30 AM -8:45 AM 1 0 1 0 3 4 23 0 32 12% 32 16% 9 5% 2 1% 0 0% 31 18% 8:45 AM -9:00 AM 1 0 1 0 3 5 25 0 35 13% 35 17% 10 6% 2 1% 0 0% 34 19% 9:00 AM -9:15 AM 2 0 1 0 5 4 28 0 40 15% 40 20% 12 7% 3 2% 0 0% 39 22% 9:15 AM -9:30 AM 2 0 1 0 5 5 29 0 42 16% 42 21% 13 8% 3 2% 0 0% 41 23% 9:30 AM -9:45 AM 2 1 1 0 5 5 31 0 45 17% 44 22% 14 9% 4 2% 1 1% 43 24% 9:45 AM -10:00 AM 2 1 1 0 6 5 31 0 46 17% 45 22% 15 9% 4 2% 1 1% 44 25% 10:00 AM -10:15 AM 3 1 1 0 6 6 27 0 44 16% 43 21% 17 10% 5 3% 1 1% 42 24% 10:15 AM -10:30 AM 3 1 1 0 5 6 33 0 49 18% 48 24% 16 10% 5 3% 1 1% 47 27% 10:30 AM -10:45 AM 4 1 1 1 6 6 37 0 56 21% 55 27% 19 12% 7 4% 1 1% 54 31% 10:45 AM -11:00 AM 3 1 1 1 6 6 37 0 55 20% 54 27% 18 11% 6 3% 1 1% 53 30% 11:00 AM -11:15 AM 3 1 0 1 6 7 37 0 55 20% 54 27% 18 11% 5 3% 1 1% 54 31% 11:15 AM -11:30 AM 4 1 0 1 6 12 36 1 61 23% 59 29% 24 15% 7 4% 2 3% 59 33% 11:30 AM -11:45 AM 3 1 0 0 5 12 31 1 53 20% 51 25% 21 13% 5 3% 2 3% 51 29% 11:45 AM -12:00 PM 3 1 0 0 5 11 30 2 52 19% 49 24% 20 12% 6 3% 3 1 4% 49 28% 12:00 PM -12:15 PM 5 1 0 0 6 12 29 2 55 20% 52 26% 24 15% 8 5% 3 1 4% 52 29% 12:15 PM -12:30 PM 7 0 0 0 8 15 34 2 66 25% 64 32% 30 1 18% 9 5% 2 3% 64 36% 12:30 PM -12:45 PM 6 0 0 0 10 11 35 2 64 24% 62 31% 27 16% 8 5% 2 3% 62 35% 12:45 PM -1:00 PM 7 0 0 0 10 10 38 2 67 1 25% 65 1 32% 27 16% 9 5% 2 3% 65 1 37% 1:00 PM -1:15 PM 7 0 0 0 10 9 34 1 61 23% 60 30% 26 16% 8 5% 1 1% 60 34% 1:15 PM -1:30 PM 7 0 0 0 11 8 33 1 60 22% 59 29% 26 16% 8 5% 1 1% 59 33% 1:30 PM -1:45 PM 3 0 0 0 7 10 28 1 49 18% 48 24% 20 12% 4 2% 1 1% 48 27% 1:45 PM -2:00 PM 6 0 0 0 6 13 25 1 51 19% 50 25% 25 15% 7 4% 1 1% 50 28% 2:00 PM -2:15 PM 5 0 0 0 6 10 22 0 43 16% 43 21% 21 13% 5 3% 0 0% 43 24% 2:15 PM -2:30 PM 10 0 0 0 6 11 20 2 49 18% 47 23% 27 16% 12 1 7% 2 3% 47 27% 2:30 PM -2:45 PM 10 0 0 0 5 9 18 2 44 16% 42 21% 24 15% 12 1 7% 2 3% 42 24% 2:45 PM -3:00 PM 10 0 1 0 4 11 14 0 40 15% 40 20% 26 16% 11 6% 0 0% 39 22% 3:00 PM -3:15 PM 8 0 1 0 5 8 16 0 38 14% 38 19% 22 13% 9 5% 0 0% 37 21% Overall Parking in Plaza Diamond BarParking Zone Bldg A (Zone 1,3-7) Bldg B (Zone 1-6) Bldg C (Zone 1-4,8) Bldg D (Zone 2,8) Bldg E (Zones 1,4-7) Parking Within 300' of Entrance to Each Building Occupied Spaces Occupied Spaces Occupied Spaces Existing 2021 Saturday Parking Occupancy Survey Results Survey Time Period Occupied Spaces Occupied Spaces Occupied Spaces Plaza Diamond Bar Subdivision Parking Study 1924716 7.3.c Packet Pg. 128 Table 3 (2 of 2) 1 2 3 4 5 6 7 8 Percent Occupied Percent Occupied Percent Occupied Percent Occupied Percent Occupied Percent Occupied Overall Parking in Plaza Diamond BarParking Zone Bldg A (Zone 1,3-7) Bldg B (Zone 1-6) Bldg C (Zone 1-4,8) Bldg D (Zone 2,8) Bldg E (Zones 1,4-7) Parking Within 300' of Entrance to Each Building Occupied Spaces Occupied Spaces Occupied Spaces Existing 2021 Saturday Parking Occupancy Survey Results Survey Time Period Occupied Spaces Occupied Spaces Occupied Spaces 3:15 PM -3:30 PM 2 0 0 0 5 7 15 0 29 11% 29 14% 14 9% 2 1% 0 0% 29 16% 3:30 PM -3:45 PM 2 0 0 0 5 3 13 0 23 9% 23 11% 10 6% 2 1% 0 0% 23 13% 3:45 PM -4:00 PM 2 0 0 0 5 4 9 0 20 7% 20 10% 11 7% 2 1% 0 0% 20 11% 4:00 PM -4:15 PM 2 0 0 0 5 4 9 1 21 8% 20 10% 11 7% 3 2% 1 1% 20 11% 4:15 PM -4:30 PM 0 0 0 0 5 3 5 1 14 5% 13 6% 8 5% 1 1% 1 1% 13 7% 4:30 PM -4:45 PM 0 0 0 0 4 2 5 1 12 4% 11 5% 6 4% 1 1% 1 1% 11 6% 4:45 PM -5:00 PM 0 0 4 0 3 5 6 1 19 7% 18 9% 12 7% 5 3% 1 1% 14 8% 5:00 PM -5:15 PM 0 0 4 0 4 4 6 1 19 7% 18 9% 12 7% 5 3% 1 1% 14 8% 5:15 PM -5:30 PM 0 0 4 0 4 5 6 1 20 7% 19 9% 13 8% 5 3% 1 1% 15 8% 5:30 PM -5:45 PM 0 0 4 0 4 6 6 1 21 8% 20 10% 14 9% 5 3% 1 1% 16 9% 5:45 PM -6:00 PM 0 0 4 0 3 3 6 1 17 6% 16 8% 10 6% 5 3% 1 1% 12 7% 6:00 PM -6:15 PM 0 0 0 0 2 2 6 2 12 4% 10 5% 4 2% 2 1% 2 3% 10 6% 6:15 PM -6:30 PM 0 0 0 0 2 2 5 3 12 4% 9 4% 4 2% 3 2% 3 1 4% 9 5% 6:30 PM -6:45 PM 0 0 0 0 2 2 4 1 9 3% 8 4% 4 2% 1 1% 1 1% 8 5% 6:45 PM -7:00 PM 0 0 0 0 2 1 4 1 8 3% 7 3% 3 2% 1 1% 1 1% 7 4% 7:00 PM -7:15 PM 0 0 0 0 2 2 5 1 10 4% 9 4% 4 2% 1 1% 1 1% 9 5% 7:15 PM -7:30 PM 0 0 0 0 2 2 2 1 7 3% 6 3% 4 2% 1 1% 1 1% 6 3% 7:30 PM -7:45 PM 1 0 0 0 2 1 1 1 6 2% 5 2% 4 2% 2 1% 1 1% 5 3% 7:45 PM -8:00 PM 0 0 0 0 0 1 2 1 4 1% 3 1% 1 1% 1 1% 1 1% 3 2% 40 21 24 42 15 22 58 47 269 100%201 100%164 100%174 100%68 100%177 100% 10 1 4 1 11 15 38 3 67 25%65 32%30 18%12 7%3 4%65 37% +30 +20 +20 +41 +4 +7 +20 +44 +202 +75%+136 +68%+134 +82%+162 +93%+65 +96%+112 +63% Notes:(1) Current peak parking demand. Existing parking occupancy counts conducted on Saturday, October 9, 2021. (2) Plaza Diamond Bar provides a total of 269 parking spaces. The parking areas within 300 feet of each building entrance: Building A [Zones 1, 3 to 7] = 201 parking spaces. Building B [Zones 1 to 6] = 164 parking spaces. Building C [Zones 1 to 4, 8] = 174 parking spaces. Building D [Zones 2, 8] = 68 parking spaces. Building E [Zones 1, 4 to 7] = 177 parking spaces. Parking Capacity² Peak Parking Demand Surplus (+) / Deficit (-) Plaza Diamond Bar Subdivision Parking Study 1924717 7.3.c Packet Pg. 129 Suite Tenant Land Use Quantity Units¹ Land Use Code² Land Use Cateogory² Peak Parking Rates² Time Variance Adjustment Factor³ A1 Pei-Chi Wu, DO Medical Office 1,000 SF 720 Medical Office 3.20 3 100% 3 A2 Diamond Bar Delicatessan Delicatessens 1,200 SF 933 Fast Food Restaurant 8.20 10 100% 10 A3 SoCal Math, LLC Tutoring Studio 1,200 SF 495 Recreational Community Center 3.20 4 100% 4 A4 Liquor Store Convenience Store 1,200 SF 859 Liquor Store 2.98 4 100% 4 A5 VACANT Office 1,200 SF 701 General Office 2.47 3 98% 3 A6 Hair Salon Personal Services 1,200 SF 820 Shopping Center 2.94 4 100% 4 A7 First American Title Company Offices 2,200 SF 701 General Office 2.47 5 98% 5 B1- B5 VACANT Medical Office 6,899 SF 720 Medical Office 3.20 22 100% 22 B6 Dr. Bruce D. Gaudino Medical Office 1,311 SF 720 Medical Office 3.20 4 100% 4 B7 VACANT Medical Office 946 SF 720 Medical Office 3.20 3 100% 3 C Various Tenants Office 13,558 SF 701 General Office 2.47 33 98% 32 C VACANT Office 5,357 SF 701 General Office 2.47 13 98% 13 D VACANT Offices 4,450 SF 701 General Office 2.47 11 98% 11 D VACANT Medical Office 4,450 SF 720 Medical Office 3.20 14 100% 14 E100 Nobel University Non-Degree School 6,354 SF Custom Nobel University Parking Study4 17.00 17 4 100% 17 4 E130 VACANT Office 1,189 SF 701 General Office 2.47 3 98% 3 E140, E150 Soyoung Cho Office 2,212 SF 932 General Office 2.47 5 98% 5 E160 VACANT Medical Office 2,008 SF 720 Medical Office 3.20 6 100% 6 E200 Dr. Robin Abari Medical Office 3,174 SF 720 Medical Office 3.20 10 100% 10 E210 Dr. James Chae Medical Office 2,860 SF 720 Medical Office 3.20 9 100% 9 E220, E230 Sky Village Enterprises, Inc.Tutoring Studio 4,818 SF Custom School Connection Parking Study5 42.00 42 5 100% 42 5 E240 Lee's Review Learning Tutoring Studio 2,281 SF 495 Recreational Community Center 3.20 7 100% 7 232 231 269 269 +37 +38 (1) (2) (3) (4) (5) D B Source: Institute of Transportation Engineers, Parking Generation, 4th Edition, 2010. Time-of-day distribution of peak demand from 11:00 AM to 4:00 PM. Land use categories 701 (p202), 720 (p208), 820 (p228) and 934 (p334). See Appendix A. Source: Plaza Diamond Bar Parking Analysis (February 12, 2016). Nobel University Parking Demand Estimate. Source: School Connection Parking Analysis (September 25, 2018). School Connection Parking Demand Estimate. Total Project Parking Demand Based on ITE Parking Generation Rates Parking Supply Provided by the Project Parking Surplus (+) / Deficit (-) for the Project Notes: SF = Square Feet Source: Institute of Transportation Engineers, Parking Generation, 4th Edition, 2010. Averge peak period parked vehicles per 1,000 square feet. Land use categories 495 (p138), 701 (p206), 720 (p210), 820 (p236), 859 (p262) and 933 (p331). See Appendix A. E Table 4 Parking Demand Estimated by ITE Parking Generation Rates Building Unadjusted Parking Demand Adjusted Parking Demand A C Plaza Diamond Bar Subdivision Parking Study 1924718 7.3.c Packet Pg. 130 APPENDIX A INSTITUTE OF TRANSPORTATION ENGINEERS PARKING GENERATION RATES AND TIME VARIANCE FACTORS Apx - 1 7.3.c Packet Pg. 131 Apx - 2 7.3.c Packet Pg. 132 Apx - 3 7.3.c Packet Pg. 133 Apx - 4 7.3.c Packet Pg. 134 Apx - 5 7.3.c Packet Pg. 135 Apx - 6 7.3.c Packet Pg. 136 Apx - 7 7.3.c Packet Pg. 137 Apx - 8 7.3.c Packet Pg. 138 Apx - 9 7.3.c Packet Pg. 139 Apx - 10 7.3.c Packet Pg. 140 Apx - 11 7.3.c Packet Pg. 141 GANDDINI GROUP INC. 714.795.3100 | ganddini.com 7.3.c Packet Pg. 142 Project Status Report CITY OF DIAMOND BAR September 13, 2022 COMMUNITY DEVELOPMENT DEPARTMENT LEGEND PH = PUBLIC HEARING AP = ASSIGNED PLANNER PC = PLANNING COMMISSION CC = CITY COUNCIL PROPERTY LOCATION PLANNING COMMISSION REVIEW File # AP Applicant PC 9/13/22 CC 9/20/22 PC 9/27/22 CC 10/4/22 PC 10/11/22 CC 10/18/22 340 Fern Ave. (Extension of Time) DR PL2022-61 DT Bao Pham, BPD Engineering PH 20948 Moonlake St. (Addition and remodel to single-family residence) DR, MCUP PL2022-23 MN Efrain Coronado PH 2020 Brea Canyon Rd. (2-Lot Subdivision) TPM PL2022-07 GL Nathaniel Williams PH ADMINISTRATIVE REVIEW Property Location AP Applicant None PENDING ITEMS Property Location File # AP Applicant Status 631 Armitos Place (CUP for new wireless facility) CUP PL2022-49 DT Under review 1625 Bears Den Rd. (Addition to single family residence) DR PL2021-01 DT/MN Pete Volbeda Third incomplete letter sent 8/31/21 – waiting for additional information 1198 Chisolm Trail Dr. (New single-family residence) DR PL2021-51 JT/DT Michael Wu First incomplete letter sent 7/21/21 – waiting for additional information 2001 Derringer Ln. (2-lot subdivision) TPM 83036/DR PL2021-46 MN Gurbachan S. Juneja Second incomplete letter sent 3/4/22 – waiting for additional information 1111 N. Diamond Bar Blvd. (New single-family residence) DR PL2022-78 GL Kenneth Pang Under review Development Code Amendment (Code cleanup & SB9) PL2022-59 MN City of Diamond Bar Under review Development Code Amendment (Short-term rental) PL2022-83 MN/GL City of Diamond Bar Under review Gentle Springs Ln. and S. Prospectors Rd. GPA, ZC, VTTM, DR PL2021-23 GL Tranquil Garden LLC First incomplete letter sent 4/16/21 – waiting for additional information 9.1 Packet Pg. 143 Project Status Report CITY OF DIAMOND BAR Page 2 September 13, 2022 COMMUNITY DEVELOPMENT DEPARTMENT PENDING ITEMS (continued) Property Location File # AP Applicant Status 2234 Indian Creek Rd. (New single-family residence) DR PL2020-159 MN Jeffrey Sun Second incomplete letter sent 9/30/21 – waiting for additional information 22909 Lazy Trail Rd. (Addition and remodel to single family residence) DR, MCUP PL2021-05 JT/DT Walt Patroske Fourth incomplete letter sent 7/6/22 – waiting for additional information 23121 Ridge Line Rd. (New single-family residence) DR PL2020-31 MN Pete Volbeda Under review 2626 Wagon Train Ln. (New single-family residence) DR, TP PL2022-62 MN Pete Volbeda First incomplete letter sent 7/26/22 – waiting for additional information Walnut Valley Unified School District (Billboard Ordinance) PL2021-43 GL/ MN WVUSD Under review 631 Armitos Place (New 35 feet-tall cell tower) PL2022-49 DT Smart Link Group Under Review 2725 Clear Creek (New Single-Family Residence) PL2022-74 DT Diane Shi Under Review 9.1 Packet Pg. 144 CITY OF DIAMOND BAR 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 8, 2022, 1 posted the September 13, 2022, 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 Diamond Bar Library, 21800 Copley Drive Executed on September 8, 2022, at Diamond Bar, California. Stella Marquez Community Develop Dept. y \\s\alfdavitpos\ing.doc September 10, 2022 Mr, Dat Tran CITY UP VIA rIQNII RAID City of Diamond Bar Community Development Department / Planning Division 21810 Copley Dr ve Diamond Bar, CA 91765 Subject: Extension of Tune for Planning Case No. PL2022-61 ("Project") Dear Mr. Tran As per our phone conversation last week, I (Tarek Elsharhawy, the property owner at 330 Fern Pl, Diamond Bar, CA 91765) respectfully challenge the extension of time for this project. I believe that for the best interest of our neighborhood and the city, tie owner /applicant of this project should provide solid financial proof of his/her ability to start and complete the project without any financial interruption within an acceptable time frame. Any financial difficulties that may occur after the demolition of the house, could leave the neighborhood with an empty lot (or a half build) that will cause the decrease of our property values n our neighborhood, and becomes an eyesore. hr addition, I believe that a financial proof is critical especially during the current national economic, uncertainties, such as.inflation or a recession. It is very clear from all economic reports that the cost of construction materials has risen due to the COVED-19 pandemic. This forces several questions regarding the owners' financial capabilities or his/her intents. Furthermore, I respectfully suggest that the owner provides to the city an irrevocable letter of credit from a reputable financial institution with the estimated total cost. of the project, naming the city as the beneficiary, to complete this project in case of any unforeseeable circumstances the owner may face that prevent him/her from completing this project within a reasonable time frame. I believe that other neighbors may have similar concerns as well. I respectfully request your consideration of this challenge. Best Regards, Tarek Elsharhawy Professor of Engineering 330 FernPl, Diamond Bar, CA 91765