HomeMy WebLinkAbout06/10/1996FILE Copy
PLANNING
COMMISSION
AGENDA
JUNE 1091996
00 Pome
South Coast Air Quality iTwanagement District
Au
21865 East Copley Drive
Diamond Bar, California
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Mike Goldenberg
.Toe Ruzicka
Franklin Fong
Toe McManus
Don Schad
Copies of staff reports or other written doc190, umentation relating to agenda items are on file in the Community
are
Development office, located at 21660 B. Copley DriveSuite
(909) 396a 5676 during regular for lregular business hoturs@
If you have questions regarding an agenda item, please
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orm the Community
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The Cit d Bar uses recycled paper
and encourages you to do t(u same.
CITY OF DIAMOND BAR
"PLANNING COMMISSION AGENDA
Monday, June 10, 1996
Next Resolution No. 96-3
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Mike Goldenberg, Vice Chairman Joe
Ruzicka, Franklin Fong, Joe McManus and Don Schad.
Z, MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS:
This is the time and place for the general public to address the members of the Planning
Commission on any item that is within their jurisdiction, allowing the public an opportunity to
speak on non-public hearing and non -agenda items. Please comylete a Sneaker's Card for the
recordin Secreta Com letion of this form is volunta There is a five minute m xi um
time limit when addressine the Plannine Commission.
* r * . * * * «
3. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are approved
by a single motion. Consent calendar items may be removed from the agenda by request of
the Commission only:
3.1 Minutes of May 13, 1996
3.2 Planning Commission Policies &Procedures Manual.
4. OLD BUSINESS: None
5. NEW BUSINESS:
5.2 Amendment to Fiscal Year 96-97 Capital Improvement Program (CIP).
1
6. PUBLIC HEARING:
6.1 Conditional Use Permit 96-5 and Development Review 964 is a request for a 2,472
square foot Kentucky Fried Chicken Restaurant with drive4hru service on a 24,498
square foot vacant site within the Country Hills Towne Center on the west side of
Diamond Bar Boulevard between Cold Springs Lane and Fountain Springs Road in
the City of Diamond Bar.
Applicant: Bob Merriam, Carlson Design and Construction Company, 2301 E.
Winston Road, Anaheim, CA 92806
Environmental Determination: Pursuant to the terms of California Environmental
Quality Act (CEQA), the City has determined that this project requires a Negative
Declaration No. 96-2.
RECOMMENDATION: Staff recommends that the Planning Commission approve
CUP 96-5 and Development Review 96-4, Findings of Fact, and conditions as listed
within the attached resolution.
6.2 Tentative Parcel Map No. 22102(1) Extension of Time A request for a one year
extension of time for an approved parcel map which subdivides a 4.39 acre parcel into
two lots, 3.5 and .89 acres in size, located at 1575 Valley Vista Drive in the City of
Diamond Bar.
Applicant: Patricia Duke, Specialty Equipment Market Association, 1575 S. Valley
Vista Drive, Diamond Bar, CA
Environmental Determination: Pursuant to the terms of the California
Environmental Quality Act (CEQA) the City has determined that the project is
Categorically Exempt pursuant to Section 15313,
RECOMMENDATION: Staff recommends that the Planning Commission
recommend that the City Council Approve the Extension of Time for TPM 22102(1),
findings of fact and conditions as listed within the attached resolution.
7. PLANNING COMMISSION ITEMS:
8. INFORMATIONAL ITEMS:
9. ADJOURNMENT: June 24, 1996
MINUTES OF THE CITY OF DIAMOND EAR
REGULAR MEETING OF Y 13E 19ANNING C14AOMMISSION 96 ®RAFT
CALL TO ORDER: p.m• at the
Chairman Goldenberg called the meeting to order a 7:10 East Copley
South Coast Air Quality Management Auditorium,
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: VC Ruzicka•
The audience was led in the Pledge of Allegiance by /
ROLL CALL:
Chairman Goldenberg, Vice Chairman Ruzicka,
Present: Commissioners Fong, McManus and Schad.
Also Present: Community Development Director James
Destefano; Senior Planner Catherine Engineer
Assistant Planner Ann Lungu; City
George Wentz, and Recording Secretary Carol
Dennis.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR*
1. Minutes of April 221 1996.
VC/Ruzicka made a motion, seconded by C/Schad to approve
the minutes of April 81 1996 as presented. The motion
was approved 5-0.
OLD BUSINESS:
1. Planning Commission Policies & Procedures Manual
VC/Ruzicka requested the folof paragraph I under
lowing corrections: Change
the last word in the first sentence
Purpose from board to broad. Regarding Page 5, line 5,
delete "the" so the sentence reads: _"If the
paragraph I, removal, the person so removed
vacancy is effective by Paragraph (e)
may not be appointed to fill the leftvacaustified. With
e 16 should be one tab left 7 of
on Page a 17, remove the comma in line 3
respect to Page after "property So the line reads:
n
Paragraph 1 (1) remove the
property 2 (2) after "to" so the
„ is locatedwith
t300 foot radius ,
comma in line 21water, sewer,
sentence reads: "improvements to streets, add "ment" so
,� On Page 18, Paragraph 4, line 2,
storm Code Section 87200 to
that the line reads: "Government
file a statement disclosing"•
requested ermine 5 line 3
C/Schad that CDD/DeStefano det
3 17 should indic
Page ate 500 feet
of Paragraph 3 ( )� requested a definition
instead of 300 feet. He further
May 13, 1996
Page 2
Planning Commission
of "Negative Declaration"
23s as stated in STEP 6, on Page
CDD/DeStefano responded to recommend an in depth discussioC/Schad that he would
forth by CEQA. 23 n regarding standards set
Declaration STEP 6 on Page discusses the Negative,
process and steps to be taken following
approval of the Negative Declaration.
C/Schad requested a copy of the "Topanga Association for
Scenic 506(1974) ammunity ve
s stated County of Los Angeles, 11 Cal.3d
in Paragraph 2, Page 26.
Chair/Goldenberg requested that Resolution No. 96-XX be
Placed on the June 10 mmPlanning Commission agenda for
consideration. The Coissione
NEW BUSINEsss rs concurred.
1• Review of Fiscal Year 96es97 Capital Improvement Program
(CIP) for conformity with the Section 65401 General .Plan pursuant to
of the Government Code,
CDD/De
annually revs stated that the Planning Commission
annually reviews the proposed Capital Improvement Program
(CIP) for the ensuing year. The Commissionfs requirement
(Section 65401 of the Government Code) is to review the
list of projects to ensure their conformity
City's General Plan. A list of pwith the
rojects proposed for the
1996-1997 fiscal year budget is provided for the
Commission. The list is generally created by the Cityrs
Public Works Department and Community Services Department
and includes uncompleted projects from prior years.
Staff has provided a list of objectives, strategies and
goals from the
conformiCity's General Plan that provide
ty findings to assist the Commission in its
evaluation process. Staff recommends that the Planning
Commission adopt Resolution No. 96-XX finding conformity
with the General Plan and recommending City Council
approval of the FY 1996-97 CIP.
VC/Ruzicka requested assistance with a response to
citizen inquiry concerning the number of traffic signals
proposed to a
additional be installed in the City and whether
installations will help solve the traffic
problems.
CDD/DeStefano responded to VC/Ruzicka that Diamond Bar
inherited numerous traffic problems upon incorporation.
Los Angeles County spent all of the developers monies
elsewhere in the County which left the City with long
stretches of streets with collector the
coming out of
residential areas adjacent to the Primary
routes. This
May 13, 1996
Page 3 Planning commission
prevented residents from entering and exiting their
neighborhoods in a safe manner. The City has been
attempting to complete the required traffic signals since
incorporation. The County of San Bernardino provided a
significant amount of money to mitigate the traffic flow
* Each
impact as a result of the open rroblemsncaused by
year the city attempts to mitigto the P
through traffic and to enhance various intersections.
The proposed traffic signal.installations respond to the
documented warrants which require this type of
mitigation. The installations follow. the course of
or
action outlined in the General Plan which calls
improvement of the traffic and circulation system
throughout the community.
CE/Wentz stated the traffic signal plan has been the place
for several years. Within the past three ye
ars, City
y
has obtained funding for the installations previously
identified. Studies indicate that warranted traffic
signals reduce the overall concern for traffic safety and
accidents.
CDD/DeStefano stated that all of the listed Capital
Improvement Projects have a variety
rietyarefunfunding from sources
The majority of the projects
sourc
outside of the City's general fund. Funds are derived
from development impact fees, grants, Federal funds,
Funding considerations are not under the tc
jurisdiction of
the Planning Commission. Therefore, the matrix does not
include the cost or the funding source for each project
CE/Wentz responded to Chair/Goldenberg that audible
pedestrian signals are being assessed to determine their
effectiveness at various locations within the City.
CE/Wentz responded to C/Schad that the Sycamore Canyon
Park (Item No. 19) is a localized slope failure along the
canyon's easterly portion beneath the residences
bordering Diamond Bar Boulevard.
C/Schad suggested that with respect to Item No. 21, the
series of boulders when repairing the creek
City use a
bed to create a ripple effect and slow the water flow.
CDD/DeStefano responded to C/Schad that construction of
Pantera Park is scheduled to be completed within 120 days
of commencement.
C/Schad made a motion, seconded by c/McManus to adopt
ith the General
Resolution No. 96-XX finding conformity al of the fiscal
Plan and recommending City Council aPProy. The motion
year 1996-1997 Capital Improvement Program
was carried 5-0.
May 13, 1996 Page 4
Planning Commission
PUBLIC HEARING:
1• Conditional Use Permit 96-02 and Development iRevieq 96-03
s a request for approval of a Conditional Use Permit and
Development Review for a 756 square foot automated car
wash and the remodel of an existing 1900 square foot food
mart at an existing gas station located at 3241 S. Brea
Canyon Road at the northwest corner of Brea Canyon Road
and Diamond Bar Boulevard, Diamond Bar, California. The
project site is zoned Commercial Planned Development
(CPD), has a General Plan land use designation of Office
Professional (OP) and consists of approximately 26,300
square feet (0.6 acres).
Applicant: Brian Finch, Shell oil Company, 3281
Guasti Road 1480, Ontario, CA 91761
SP/Johnson read the staff report into the record. Staff
recommends that the Planning Commission approve Negative
Declaration No. 96-1, Conditional Use Permit No. 96-2,
Development Review No. 96-3, Findings of Fact and
conditions as listed within the Resolution.
Chair/Goldenberg declared the public hearing open.
Ahmad Ghaderi, Consulting Engineering for the project, A
& S Engineering, 207 W. Alameda Suite 0203, Burbank, CA
91502 explained that the proposed car wash is a drive -
through system rather than.a conveyor system. The cycle
takes approximately two (2) minutes. The remodel of the
food mart applies to the interior only and includes
handicap compliance. He indicated the current ambient
noise level on.a portion of the commercial center to the
north of the site exceeds 65db, the maximum called for by
the City's General Plan Noise Element. In order to
comply with the City's requirement, mitigation measures
are proposed for the project which include a noise
reduction package and an eight foot (8f) high block wall.
He explained that in his opinion, a wall is preferable to
doors that open and close during a wash cycle. Doors
present a maintenance problem and the wall is a more
permanent noise mitigation measure. He read from an
independent service station car wash traffic study, a
copy of which was provided to staff: "the general
misconception regarding service stations is that
substantial increases in traffic result from the
introduction of new uses (food mart and car wash) to an
existing site". He stated that the proposed car wash is
designed to benefit the existing customers.
Mr. Ghaderi indicated the current sign at the location
was approved by Los Angeles County 19 years ago. He
further indicated he has made every effort to obtain
May 13, 1996
Page 5 Planning Commission
copies of the original approved building permits which
are not available. He asked that the Planning Commission
delete Condition No. 5 (i) from the Resolution and allow
the station to continue with its current signage in order
to maintain a competitive edge.
Mr. Ghaderi responded to C/McManus that the proposed car
wash will use recycled water which will process ffersdin two
an 80%
1500 gallon clarifiers. This p
recycling capability.
C/McManus stated he is opposed to doors for the car wash
because doors present a safety hazard. He f ets allow
he is in favor of granting Mr. Ghaderi s request
the current signage to remain in place.
Mr. Ghaderi responded to VC/Ruzicka that there is one
entrance/exit for the food mart which complies with the
Building Code. The food mart area will be Vehicles exiting reduced
slightly with the remodeling.
the gas
pumps and proceeding west on Diamond Bar Boulevard the
entering the nortand
hbound SR 57 will not be imp rovide
h is car wash traffic. The car wascomplete instructionsgufor red Luse upon
motorists with comp
entering the enclosure.
VC/Ruzicka recommended that the Planning Commission grant
Mr. Ghaderi consideration with respect to the current
signage. `
C/Schad stated his concerns regarding the noise levels
which will be generated by the proposed car wash. Mr.
Ghaderi responded that the figures contained in the
Acoustical Study are the actual decibels generated by the
wash equipment. However, the project proposes to comply
with the City's Code of 65db at the property line. The
peak operating hours will genetorally 30 p.m6:0� to 8:00 p:m0.
a.m.; ll:00 a.m. to 1:00 p.
C/Fong indicated he would like the applicant to '
reconsider relocating the Australian Tea nr aed7on sites
scent to
He asked staff to comment on the,ARCO Sig
the project site and what measures would be impose on
the applicant requiring him to bring
the current into compliance.
CDD/Destefano responded to C/Fong that the ARCO sign was
legally permitted. It is deemed by the City to be a non-
conforming sign and has an amortization period of
approximately 13 years. At the end of the amortization
period, the sign will have to be modified or there emovedg
With respect to the Shell Oil application,
insufficient evidence in the files forwarded to the City
May 13, 1996
Page 6 Planning Commission
by Los Angeles County to support proper installation and
approval of the current sign.
Mr. Ghaderi responded to C/Fong that the proposed sound
wall could be reduced to seven feet (71). The wall will
}ie designed to be eight feet (8�) until the compliance
studies are completed.
Responding to Chair/Goldenberg, Mr. Ghaderi stated that
Shell Oil intends to utilize recycled water to the
greatest extent possible. Clean water will be used for
the rinse cycle. The proposed car wash will
gallons of water per car. use 10
Residents consume about 150
gallons of water when they wash their cars at home.
Pete Stratz, Shell Oil Co., 3200 E. Inland Empire
Boulevard, Ontario, stated the proposed car wash is
designed as a convenience for the service station's
customers and is not intended to take the place of a
stand-alone car wash. The car wash will be offered free
of charge with a fuel fill -up. He indicated that
ancillary income will increase to the dealer by about
$3,000 to $4,000 per month as a result of the car wash
installation.
Responding to Chair/Goldenberg, Mr. Stratz stated that
the dealers avoid glass inside the transaction area.
However, security glass has been installed at locations
where problems are indicated. The dealer at the proposed
location has indicated he currently has no security
problems . The employee can lock the exterior doors at a
certain hour and utilize the transaction drawer if
security becomes an issue.
Joseph Johnston, 3177 Castle Rock Road, stated he lives
he
in the vicinity of the proposed car wash. He indicated
thelneighborh concerned out the noise that will be generated in
od.b He indicated he as spent considerable
time and money working to get the noise reduced in his
neighborhood. CalTrans proposesto install a sound wall
along the SR 57 to reduce the noise level for the
shopping center and the residential area. The proposed
sound wall is a waste of money if the proposed car wash
is allowed because the car wash will increase the noise
level in the neighborhood. He requested that the City
obtain written assurances that the noise levels from the
car wash will not be audible inside the neighboring
residences. He indicated his understanding that a car
wash is being proposed for construction on the vacant lot
on the easterly corner of Diamond Bar Boulevard and Brea
Canyon Road. He stated he does not understand why the
City did not allow a sign for The Living Word Christian
Book Store when it allows the Shell oil station to have
May 13, 1996
Page 7 Planning Commission
such a large sign. He stated his concerns about the
hours of operation and the traffic circulation.
Craig Clute, 21217 Fountain Springs Road, stated his
concern regarding the noise generated by the car wash.
He indicated that the residents have been working to get
the noise levels reduced in the area by the installation
of the sound wall. He indicated that a reading of 65db
is difficult to obtain. He further stated his concern
about the proposed hours of operation for the car wash
and requested the Planning Commission considerardin sing
time of 9*00 p.m. He indicated his concern reg 5
increased traffic impact on adjoining streets. He
recommended that the car wash construct
enhanced
to traffic
face
opposite of the direction proposed
flow and reduce the noise element for the surrounding
businesses and residential neighborhood. He
wash at the
stated his
concern about the impact of the proposed car
easterly corner Diamond Bar Boulevard and Brea Canyon
Road. He indicated he favors a time limit be imposed for
compliance with the City's Sign Code.
Vance Socash, 20624 Alda Court stated he is concerned
about the impact of the noise on the evening meetings
held on the upper floor of the Evangelical Free Church
which is situated up hill from the proposed car wash. He
asked the Planning Commission to consider that an eight
foot (8') wall will block the site to The Living Word
Christian Book Store and cause possible damage to the
business.
M Ghaderi responded to the citizens that his firm is
involved in fighting the freeway noise. Shell Oil is
meeting and exceeding the
ro osed'to be Noise
Element ng
requirements. roopehe rtllis linepto mitigate the noise. No
the northerly property 1' line and
wall is proposed for the westerly property
therefore, there would be no visual impact
centerthe
is
shopping center. The view
of the shoppingo osed car
currently impeded by the landscaping. Thep p
wash will accommodate five vehicles in the queue. A "no
time limit rain -check" system will
reducing the traffic
return to use the car wash, Y reduc
flow.
Responding to VC/Ruzicka, Mr. Ghaderi stated the proposed
car wash is oriented in such a way that proceed directly tto thehe lentrance
cles can
leave the gas pump and p
of the car wash. Reorientation of the car wash would
reduce traffic circulation efficiency.
VC/Ruzicka stated he agrees with C/Fong that the
Australian Tea tree should be relocated on -site and
May 13, 1996 Page 8
Planning Commission
saved. Mr. Ghaderi stated he will make every effort to
comply with C/Fong's request.
Mr. Johnston reiterated that the freeway noise readings
were taken at peak hours. The freeway noise level is
reduced in the evening. Operation of the car wash in the
evening hours will increase the noise level.
Chair/Goldenberg declared the public hearing closed.
C/McManus stated he lives approximately one mile from the
freeway and can hear the freeway noise from his property.
He asked that Shell Oil consider closing the car wash at
10000 p.m. He indicated that the proposed full service
car wash at the easterly corner of Diamond Bar Boulevard
and Brea Canyon Road was previously discussed but it is
not an issue for consideration at this time.
Chair/Goldenberg stated that if the proposed car wash is
comparable to the drive through car wash at Virgil's
Mobil, he does not see a problem with the operation of
the facility. He indicated that he is in favor of
changing the hours of operation to 7:00 a.m, to 9:00 p.m,
He further indicated he would like to see enhanced
protection for the employees of the food mart. He stated
that he would like to have staff's recommendation
regarding the sign..
CDD/DeStefano responded to Chair/Goldenberg that the
Commission has full authority with respect to the
proposed car wash. The signage issue is to
because the City has once again inherited a lack of
documentation from Los Angeles County which proves or
disproves the applicant's contention that the sign has
been properly established at the.location. He suggested
that if the Commission believes the signs should be
removed, the existing Condition 5 (i) of the Resolution
should be retained. If the Commission believes that the
signs should remain as they exist, he recommended the
Condition be eliminated and a new Condition be added
requiring the staff and the applicant to work through the
details of establishing whether the sign was properly
installed. The only other option is a Variance.
C/Schad stated reorientation of the proposed car wash
might help reduce the noise factor experienced by the
preschool and other businesses and residents in the area.
He further stated he is in favor of CDD/DeStefano's
recommendation to delete Condition 5 (i),
Chair/Goldenberg stated that, in his opinion, a
reorientation of the proposed car wash might result in a
potential traffic hazard. In addition, the exiting
Nay 13, 1996 Page 9 Planning Commission
traffic would tend to interfere with the traffic
approaching the SR 57. He further stated that he
believes the proposed block wall will mitigate the noise
potential to the preschool (approximately 200 feet away
from the site). He indicated he would like to see the
hours of operation modified and include protection for
the food mart employees.
C/Fong stated he is in favor of CDD/DeStefano's
recommendation to delete Condition 5 (i). He.indicated
he favors an earlier closing time for the car wash.
rove
VC/Ruzicka made a motion, seconded by C/Schad to app
Conditional use Permit 96-021 and Development Review 96-
03 subject to the Conditions of Approval contained within
Planning Commission Resolution 96-XX with the following
changes: 1) That the current Condition 5 (i) be
eliminated and the following Condition 5 (i) added in its
place: The car wash hours of operation will be from
7:00 a.m. to 9:00 p.m." and 2) That a second sentence be
added to Condition 5 (k) to read as follows: "Every
effort will be made by the applicant to relocate the
Australian Tea Tree to an appropriate location on site"..
CDD/DeStefano responded to C/Fong that staff understands
the Commission's direction that the intent of the sound
wall is to attenuate the level of noise below a level of
65db.
The motion was approved 5-0.
PLANNING COMMISSION ITEMS - None
INFORMATIONAL ITEMS:
CDD/DeStefano stated the next regularly scheduled meeting of the
Planning Commission is May 27, Memorial Day holiday. He
recommended that due to a lack of scheduled agenda items the
Planning Commission adjourn to June 10, 1996.
Chair/Goldenberg thanked CE/Wentz and the audience for their
participation in the meeting.
ADJOURNMENT:
May 13, 1996 Page to Planning commission
At 9:15 p.m., there being no further business to come before
the Planning Commission, Chair/Goldenberg adjourned the
meeting to June lo, 1996,
Respectfully Submitted,
James DeStefano
Community Development Director
Attest:
Michael Goldenberg
Chairman
INTEROFFICE MEMORANDUM
TO: Chairman and Planning commissioners
�
FROM: Ann J. Lungu, Assistant Planner(ry�Y
SUBJECT: Revised Planning Commission Policies and
Procedures Manual
DATE$ May 30, 1996
At the last meeting, the Commission received a draft revised
Planning Commission Policies and Procedures Manual dated May 13,
1996.
Pursuant to the Commissions direction, attached is a revised
Planning Commission Policies and Procedures Manual dated June 10,
1996. This version includes the Commission's latest requested
changes.
Please review the revised manual which will be adoption by the
attached resolution.
Attachments:
1. Draft Resolution adopting the Planning Commission Policies
and Procedures Manual;
2. Planning Commission Policies and Procedures Manual dated June
10, 1996.
PLANNING COMMISSION
RESOLUTION NO. 96-XX
A RESOLUTION OF THE PLANNING COMMISSIONITY OF DIA14014D BAR OF THE
ESTABLISHING
COMMISSION POLICIES AND PROCEDURES MANUAL* NG
p Rec__ itais ublic
1.
It is important to the successful operation of any p
organization that standardsari e e pe t t onstoof efthe
roles, responsibilities, anization's operation.
governing board and staff in an org
Commission
and trust among members of the
2, The establishment of standards by the.Planning
will promote understanding onsibil-
Commission and staff concernires
roles, ng their rop
ities, and expectations for the operation of the City.
3, The establishment and periodic review of the Planning
Commission Policies and Procedures Manual will assist new
members of the Commission to better understand their role
and responsibilities.
Be Resolution
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
at
1, The Planning Commission hereby specifically finds , Of
all of the facts set forth in the Recitals, Part A,
this Resolution are true and correct.
2 , The Planning Commission is operating under a Planning
anual adopted
Commission policies and Procedures M
December 13, 1993*
3, The adoption of the Planning Commission Policies and
Procedures Manual dated June a 1996csupersede the
Planning Commission Policies and Procedures Manual dated
Procedures
December 13, 1993e
ll follow the policies and
q, The Planning Commission sha
procedures listed within the manual dated June 10, 1996.
1
APPROVED AND ADOPTED THIS THE LOTH DAY OF JUNE 1996
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, , BY THE
BY:
Mike Goldenberg, Chairman
I, James DeStefano, Planning Commission Secretary do hereby certify
that the foregoing Resolution was duly introduced, Passed, and
adopted, at a regular meeting by the Planning Commission of the
City of Diamond Bar, held on the loth day n June 1996:
AYES: COMMISSIONERS:
NOES COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST:
James DeStefano, Secretary
0
June 10,1996
TABLE OF CONTENTS
SUBJECT
pAGE
Introduction ••• ............................................
Community Development
General Information ....•.•...•••.......
FA
History of Diamond Bar 'goes•• ............... 2
Diamond Bar Form of Government 3
City Advisory Bodies 3
City Staff
Planning Commission Membership and operations
4
4
.Purpose 4
Responsibilities 4
Membership 5
Effectiveness 7
officers note.••. 7
Quorum .•...•.• 8
Agendas For Meetings 9
Meetings 10
Motions
Limitations on Collecting Evidence Outside 12
the Hearing 12
Adjourned Meetings 12
Special Meetings •.. 12
Study Sessions 13
Minutes 13
Planning Commission Recommendations
Relations With City Council, other 13
Commissions, Committees, and Staff " " 14
Relations With Public 15
Compensation/Travel Expenses 15
Conflict of Interest 18
Disqualification From Commission Decisions 19
Brown Act ...•...•.•..•..•...•........
California Environmental Quality Act 20
Required Procedures
June 10, 1996
Importance of Findings in Quasi -Judicial Action 26
Topanga: The Cornerstone for Findings 26
Definitions 26
Purpose 0 9 0 0 a 9 a 0 0 a 0 a 6 a 9 & 26
Circumstances Requiring Findings 27
Preparation of Findings: A Question of Timing ..... 28
Summary: Bridging the Gap 29
Specific Action 30
Conditional Use Permit 30
Variance 30
Tentative Tract Map or Parcel Map 31
Zone Change 31
Summary
Lune 10, 1996
INTRODUCTION
The City of Diamond Bar encourages and promotes participation by
citizens in the decision making process through a variety of
activities. Most notable is the appointment of citizens to a
number of standing commissions to advise the City Council on
specific issues and problems. In certain situations, the
commissions are empowered to make decisions, subject to appeal to
the City Council.
This manual's primary objective is to provide a guide for Planning
Commissioners in the conduct of meetings in accordance with City
laws and policies; to inform members of the responsibilities and
duties of the Planning Commission; to clarify relationships
between Commissioners and the City Council, City Manager, City
staff, and general public; and to provide general information that
might be useful in the conduct of public meetings.
The City of Diamond Bar is fortunate to have concerned citizens
give their time by serving on the Planning Commission. The level
of citizen involvement in local government is growing, and with it
the challenge and opportunities that will require the careful
attention of the Planning Commission, City staff, and City Council
working together towards common goals. It is hoped that this
manual will assist you as a member of the team. The City Council
and staff are most appreciative of your time and efforts.
Community Development
The Community Development Department is responsible for functions
related to current and advanced planning, building and safety,
code enforcement, economic development and Community Development
Block Grant (CDBG) administration.
Two divisions constitute the Community Development Department -
Planning Division and Building and Safety Division. The Planning
Division provides the community with long and short term planning
in order to coordinate and monitor growth and development. It is
charged with the development and implementation of the General
Plan. It prepares and administers projects for compliance with
various development ordinances. The Planning Division insures
that all projects receive the required environmental review in
compliance with the California Environmental Quality Act (CEQA).
The Planning Division is also responsible for the advancement and
administration. of economic development and CDBG programs. It
updates and maintains records for the general public and
coordinates projects and programs with other governmental
agencies.
The Building and Safety Division is responsible for the protection
of public health and safety through the enforcement of the
building and related codes. This division provides for building
and safety plan check, permit issuance and inspection services.
June 10, 1996 1
GENERAL INFORMATION
History of Diamond Bar
As with many southern California
recorded history began with a 4,340
by Governor Alvarado to Jose de la
parcels which changed hands many t
Frederick E. Lewis bought most of t
he
In 1956, Transamerica Corporation paid $10,000,000 to purchase
8,000 acres of the Diamond Bar ranch from the Bartholome Family.
Transamerica Corporation formed a master -planned community that
would eventually become home for some 74,000 people. The first
model homes were built at the town's north end in 1960 and began a
development "boom".
Diamond Bar is atypical suburban bedroom community with limited
commercial and industrial land. Commercial acreage is primarily
developed with uses designed to serve residents. Today's Diamond
Bar is a young, upscale residential community with a population of
about 54,315 situated among meandering hills and valleys of Brea
Canyon. It is located at the junction of the Pomona (60) and
Orange (57) freeways and spans 14.77 square miles.
Diamond Bar's Form of Government
The City of Diamond Bar was incorporated April 18, 1989 as a
general law City with a City Council/City Manager form of
government.
The City Council is composed of five members elected by residents
for over -lapping four year terms. It is the governing body of the
City, vested with regulatory and corporate power. The City
Council establishes policy and is ultimately responsible to the
people for its actions.
Diamond Bar's organizational structure consists of a mayor and a
mayor pro-tem selected by the City Council. The mayor is the
presiding officer of the City Council for a one year period, with
the mayor pro-tem as the position's backup.
Due to the complexity, diversity, and quantity of issues facing
the City Council, Commissions are asked for input in the decision
making process.
June 10, 1996
Citv_Advisory Bodies
There are two types of advisory bodies. one is established by
City ordinance of a permanent nature. The duties,
responsibilities and scope of authority are set forth in the
enabling ordinance. ,The other type of advisory body is created by
a resolution of the City Council to serve a particular function
for the City. The main purpose of both is to collect information,
weigh public opinion, and examine issues thoroughly in order to
make a recommendation to the City Council.
Citv Staff
City Manager is responsible for the administration of the City
government. This staff member is appointed by the City Council,
serves as the city's treasurer, and appoints department heads and
employees to provide services to the community.
City Clerk has the responsibility of conducting a municipal
election, providing administrative support to the City Council and
recording their actions and maintaining records for review. The
City Clerk is also the Records Supervisor.
Departments consist of Finance, Community Development, Public
Works, Building and Safety, and Community Services. The City
contracts for Police, Fire, and Building and Safety Services.
Department Directors and contractors are responsible to the City
Manager. The City Manager guides the work of all departments by
the City Council's direction.
June IQ 1996 3
PLANNING COMMISSION MEMBERSHIP AND OPERATIONS
Purpose
The purpose of the Planning Commission, generally, is to set broad
policy in preparation of the General Plan which is a comprehen-
sive, long-term plan for physical development of the City of
Diamond Bar and areas within its sphere of influence. The
Commission also adopts, implements, and periodically reviews the
General Plan.
The Commission concerns itself with long-range planning and
development including, but not limited to, the preparation and
maintenance of specific and area plans, and the review of
environmental impact reports and capital improvement programs. The
Commission also concerns itself with short-range planning and
programming including, but not limited to, the administration of
zoning.
Responsibilities
It is the Planning Commission's primary responsibility to develop
and implement the General Plan (pursuant to Planning and zoning
Law Government Code §65103)9 The Commission takes action on
development applications, gives final approval for variances,
specified development permits, and conditional use permits.
Additionally, the Commission acts as an advisory board to the City
Council for vesting and tentative parcel maps, reversion of
acreage, vesting and tentative tract maps, entitlements on
specific plans, general plan amendments, development code
amendments, development agreements, surface mining, and land
reclamation plans.
Membership (Organization, Terms of Office, Filling of Vacancies)
The Planning Commission consists of five members that are
The, of the City of Diamond Bar. e Planning
Commission is based on the following: a broad perspective and
concern for the welfare and progress of the City; a familiarity
with the City's history, issues, and goals; an interest in the
Planning Commission's function and area of responsibility; a
readiness to devote time and effort to carrying out a
Commissioner's duties and responsibilities; a willingness to be
aware of and understand the City Council's policies.
Each Commissioner is appointed by one member of the City Council
and confirmed by a City Council majority vote. However, should a
Council member fail to make an appointment within 30 days of the
vacancy in question, a Council majority vote shall appoint to fill
the vacancy.
Tune ]0, 1996 4
If a vacancy occurs other than by expiration of a term, it shall
be filled within 30 days, by appointment, for the term's
unexpired portion by the Council member who appointed or had the
opportunity to appoint the Commissioner whose position has been
vacated. If the vacancy is effected by removal, the person so
removed may not be appointed to fill the vacancy. (Length and
expiration of terms are set by City Council ordinance No. 25C
(1989). Copies of this ordinance may be obtained through the City
Clerk's office.)
Each of the Planning Commissioners shall be deemed to have
resigned from his/her position on the Commission 90 calendar days
after the succession of any council member, whether by election,
reelection or appointment, who appointed, or had the opportunity
to appoint, such Commissioner, and that commission position shall
thereupon be deemed vacant and available for appointment for the
otherwise unexpired term, if any.
If a Planning Commissioner is absent from three consecutive
regular meetings or from more than 50 percent of the regular
meetings in any one year period, the commission office shall be
deemed vacant. As a result, the Commission's secretary shall
immediately inform the City Council of such vacancy.
A Planning Commissioner's term of office shall be two years
commencing on March 1 of even -numbered years and expiring on the
last day of February of even -numbered years. Any Planning
Commissioner may be removed without cause during his/her term of
office by a four -fifths City Council vote. However, no such
member may be removed during the initial three months of any term
of office for which he/she is appointed.
Effectiveness
Organized groups exist to get things done, to complete certain
tasks, and to achieve certain agreed upon purposes or goals. A
commission is a set of individuals held together by a web of
interrelationships and feelings. Members have feelings about
themselves, about the group, and the group's tasks and goals. The
nature and intensity of these feelings set the "climate" of a
commission. A positive climate encourages member involvement and
responsibility to take action. Optimum participation.is achieved
when the commission's stated tasks are understood. Members should
keep the tasks visible and clearly defined.
Effective commissions set clear objectives, prioritize tasks,
anticipate and analyze problems, develop actions/options, identify
roadblocks, make decisions, actively listens supporting
colleagues, and utilize diagnostic skills.
Public- hearings or citizen input meetings may be difficult to
manage. IParticipants at public hearings are usually highly
motivated and often emotional. When there is a group of potential
adversaries in one room, the possibility of uncontrolled conflict
June 10, 1996. 5
is very high. As Commissioners your role is to guide conflict to
positive results, not to eliminate it.
The following suggestions should help manage conflict and
confrontation effectively.
1. Study your agenda and do your homework prior to the
meeting so you can concentrate on the dynamics of the
meeting.
2. Treat all sides fairly. Set the rules of the hearing
early and make sure everyone follows them without
exception.
3. Explain carefully the purpose of the public hearing and
what action is expected at the conclusion of the
hearing. Insistence on playing by the rules is your best.
tool for conflict management in the public hearing.
4. All persons speaking must clearly identify themselves,
not only for the record, but so the Commission can
address them by name.
5. Set an acceptable time limit for testimony and stick to
it.
6. Make decisions as promptly as possible. Avoid becoming
bogged down in procedural distractions, petty details,
and endless searches for more information, so that the
I
ssue never seems to get resolved.
7. Try to turn frustration into constructive .avenues. Ask
questions. Be specific. Reinforce areas where you
agree. Do not return insults. Your insults can turn
the audience against you for your lack of control and
unfairness.
8. Try to avoid speaker -to -audience conversation. A
hearing's purpose is to help the Commission act, not
engage in debate.
9. If other Commissioners have questions of the speaker;
permit these questions only during the speaker's time at
the podium.
10. Be careful not to prejudge the action of the Commission.
Use the hearing to gather necessary information about
the project and individual desires concerning the
proposal. Commissioners' should not express their views
on the proposal until after testimony has ended.
Comments and questions should not suggest a bias
position.
11. When testimony has ended, each Commissioner should be
invited to contribute his/her views on the proposal.
June 10, 1996 6
12. view the public hearing as an example of basic democracy
in action at the local level. Make it your personal
goal to have a successful public hearing.Individuals
should feel treated fairly and believe the Commission
had all the facts, was open in its deliberations and
acted accordingly. An individual should not dominate
the meeting and there should be sufficient time for all
to speak. Individuals should not leave the meeting
feeling disenfranchised.
Officers
The Planning Commission should, at its first regular meeting in
March of each calendar year, elect a chairperson and vice
chairperson from among its members for a term of one year.. The
Commission may create and fill such other offices as may be deemed
necessary.
The chairperson shall be the presiding officer at all meetings.
In the absence of the chairperson, the vice chairperson shall
preside. In the absence of the vice chairperson, the Commission
shall elect a temporary presiding officer to serve until the
arrival of the chairperson or vice chairperson or adjournment. If
the chairperson's and vice chairperson's positions are vacated,
the Commission shall elect officers for the balance of the term.
The chairperson shall sign resolutions and documents approved by
the Commission at meetings where he/she is in attendance. In the
chairperson's absence, the.vice chairperson shall sign all such
documents as have been adopted and approved. In the absence of
the chairperson and the vice chairperson, the temporary presiding
officer shall.sign all such documents as have been approved and
adopted during the meeting at which he/she presided.
The chairperson or presiding officer is responsible for the
maintenance of order and decorum at all times. No person should
be allowed to speak who has not first been 'recognized by the
chairperson. All questions and remarks should be addressed to the
chairperson. Meetings shall be conducted according to Robert's
Rules of Order. If necessary a Sergeant of Arms may be appointed
by the Planning Commission Secretary.
The chairperson may appoint special subcommittees of less than a
quorum of the Commission. The subcommittee may meet to carry out
their assigned tasks., to discuss .future projects, future
ordinances, and future agendas.
4uorum
A quorum consists of a majority of the members of the Planning
Commission and is sufficient to conduct business. A quorum is
required to conduct business at any meeting whether it is a
regular or special meeting. While a Commissioner is expected to
Tune 10, 1996 7
be present at all meetings, if he/she knows in advance that
his/her attendance is not possible, the Commissioner should notify
the Commission Secretary.
The Brown Act requires that a regular meeting date and time be
established each month. If there are no items of business on the
agenda, it is not necessary to convene. There are two ways to
handle this situation. One, the Commission Secretary posts a
notice at the meeting place indicating that "for lack of a quorum,
the meeting will not be held." The other is to have the Secretary
actually show up at the regular meeting place and time and finding
no quorum, adjourn. In the second case, there is the advantage of
documentation. Minutes of the meeting would be prepared showing a
lack of quorum. If a notice is used, a copy of the notice must be
kept in the minutes file for the record. Meetings need not be
held unless sufficient business will be discussed.
The following steps should be taken- to ensure that a public
meeting is properly cancelled:
1. State the intention to cancel the meeting a minimum of.
72 hours prior to cancelled or rescheduled date;
2. Send out written notices to all affected parties, at
minimum, to all those that receive your agenda packets;
3. Assign one person to attend the cancelled meeting to
inform anyone.that arrives that the meeting will not
take place. This person must stay a minimum of 15
minutes.
Agendas for Meetings
The Planning Commission Secretary is responsible for preparation
and distribution of the agenda and supporting documents prior to
each meeting. The agenda should indicate the schedule and subject
of the public hearing. However, with the unanimous consent of the
Commission, agenda items may be taken out of order. Pursuant to
the Brown Act; agendas must be posted at least 72 hours prior to
regular meetings.
A Commissioner may request to place one item on the agenda per
meeting. The Planning Commission Secretary's advice shall be
obtained pertaining to the staff's work load, cost that may be
incumbered by the City, and urgency of the item.
No action or commitment may be taken on items which are not on the
posted agenda. No discussion may occur regarding an item which is
not posted on the agenda. Items brought up by the general public
may be presented. However, there will be no discussion held or
action taken. The Commission may refer the item to staff. Every
agenda must provide an opportunity for the public to address the
Commission.
June IQ 1996 $
Meetincs
All Planning Commission meetings must be open to the public in
accordance with the Brown Act, the local government open meeting
law. Every regular meeting's agenda must provide an opportunity
for members of the public to directly address the Commission on
items of public interest that are within the Commission's
Jurisdiction. Additionally, members of the publicmust be
provided an opportunity to address the Commission on any agenda
item prior to or concurrently with, the Commission's consideration
of the item. The Commission may establish its own procedures
relative to public participation, provided that the procedure does
not conflict with the Brown Act.
The Planning Commission meets on the second and fourth Monday of
each month at 7*00 p.m. in the South Coast Air Quality Management
District Auditorium located at 21865 Copley Drive. The meeting
time and place may be changed (to accommodate.specific needs) with
y
24-hour notice duly given to the public and media.
An official notice of a public hearing shall be published in a
local paper of general circulation. Hearings held by the
Commission should be fair and impartial. If any member is biased
or has a personal interest in the outcome of the hearing, that
member must disqualify himself/herself and not participate.
Persons and/or groups who may be affected by the subject of the
hearing should ;be given sufficient notice of the hearing's time
and place and a reasonable opportunity to be heard. They may be
represented by counsel if desired and may be permitted to present
oral and documentary evidence. They should also be permitted to
ask questions of any speaker to ensure a full and true disclosure
of the facts.
At the appropriate time, the Chairperson should open the hearing
and explain to the audience hearing procedures. The general
manner of conducting hearings is within the Chairperson's control
and discretion. If there are numerous persons who would like to
participate, and all represent the same view and opinions, the
Chairperson may ask that a spokesperson be selected to speak for
the group. If this arrangement cannot be made, the Chairperson
may restrict each speaker to a time limit so all may be heard.
Irrelevant and off -the -subject comments should be ruled out of
order by the Chairperson.
After the hearing is opened, the usual procedure is for staff to
present the staff report, followed by Commissioners' questions
relating to the report. Proponents should then be given the
opportunity to present their case first. This is followed by an
opportunity for opponents to present their case. Proponents can
then present their rebuttal to those points presented by
opponents. Either side may ask questions through the Chairperson.
After all interested persons have had an opportunity to speak, the
hearing should be closed, ending audience participation. No
hearing that has been closed may be reopened without additional
June 10, 1996 9
notice in the same manner as the original hearing, unless the
hearing is reopened at the same meeting it was closed and before
the Commission has taken up another matter. Commissioners may
then discuss the proposal and take action on the proposal.
Motions
When a Commissioner wishes to propose an idea for consideration,
the Commissioner must make a motion. This is the only way an idea
or proposal from a Commissioner can be presented to the body for
discussion and possible action. A motion is subject to the
following steps:
1. The Commissioner asks to be recognized by .the
Chairperson;
2. After being recognized, the Commissioner makes the
motion with "I move ......";
3. Another Commissioner seconds the motion. If the motion
is not seconded, it fails;
4. The Chairperson statesthe motion and asks for
discussion;
5. When the Chairperson feels there has been sufficient
discussion, the debate is closed with t1 Are you ready
for the question?" or "Is there any further
discussion?";
6. If no one asks for permission to speak, the Chairperson
puts the question to vote;
7. After the vote, the Chairperson announces the decision
with "The motion is carried" or "The motion fails" as is
appropriate;
Phrasing a motion is often difficult and corrections may be
necessary before it is acted upon. Until the Chairperson states
the motion, the Commissioner making the motion may rephrase or
withdraw it. The consent of the second is not required. After
the motion has been stated by the Chairperson, the consent of the
body is required to change or withdraw it. If all of the
Commissioners consent, an amendment must be formally acted upon by
a motion. The motion, as amended, still must be voted upon. It
is particularly important when a motion is amended that the
Chairperson restate the motion so members are clear on what they
are voting on.
In making motions, Commissioners should try to avoid including
more than one proposal in the same .motion. This is especially
important when Commissioners are likely to disagree. If a
Commissioner would prefer that proposals are divided and voted
June 10, 1996 10
upon separately, the Commissioner should ask the Chairperson to
divide the motion. If other Commissioners do not object, the
Chairperson may treat each proposal as a distinct motion to be
acted upon separately. The request to divide may also be made by
motion.
Any Commissioner may amend the main motion or any amendment made
to the main motion. The first step is to propose the motion to
amend. Undesired words to a pending motion may be deleted or
desired words may be inserted. The Chairperson, not the
individual Commissioner.who moves an amendment, should make clear
how the motion will be read if the amendment is adopted. The
Chairperson should not omit stating which words will be deleted
and/or inserted. An amended motion must be seconded and requires
a majority vote for passage. It is better to amend a motion when
it is pending than to wait until it is adopted and then attempt to
amend. An amendment must be related to the main motion or
amendment to which it is directed. Any amendment which
substitutes a new motion rather than amending the existing motion
is out of order and may be so declared by the Chairperson.
Motions may be passed 2-1 if only three commissioners are in
attendance. A split vote (negative, affirmative, or neutral)
shall equal denial of the action as submitted.
When the Commission is acting in an adjudicative capacity, and if
a Commissioner is to vote on a matter which is the subject of a
public hearing, the Commissioner should be present during the
public hearing. However, if the public hearing has been closed
and continued for a decision to another date, or the hearing is
continued to another date, an absent Commissioner can vote if the
Commissioner states the following on the record: I have listened
to the full tape of the prior hearing(s) and read all documents
considered at the prior hearing(s) on this matter.
Any Planning Commission action may be reconsidered if a motion for
reconsideration is introduced by a Commissioner who was among the
majority of the action for which reconsideration is sought. Such
a motion may be seconded ,by any Commissioner who voted on the
.action or who would be eligible to vote on it, if the motion for
reconsideration carries.
For any action requiring a resolution passage,, a motion for
'closi
reconsideration may not be introduced after the meetings ng
at which such resolution was adopted. Motions for reconsideration
of actions which do not require a resolution passage may be
introduced at any subsequent meeting. Where a motion may not be
reconsidered, it is often possible to make a new motion which
revises or reverses the earlier decision. Any questions on this
point, or any other matter of parliamentary procedure should be
referred to the City Attorney or the City Clerk.
June 10, 1996 11
Limitations on Collecting Evidence Outside the Hearing
The fair hearing concept includes the requirement that all
evidence that serves as the basis of an adjudicative decision must
be in the record so that it is subject to rebuttal. This can be a
problem if Commissioners collect evidence outside of the public
hearing. For example, the Commissioners may find it desirable to
visit the site that is the subject of an application before the
Commission. So long as the Commissioner indicates on the record
that he/she has done so and describes what was seen, a site visit
will not affect the validity of the hearing. The Commissioner
should avoid speaking to applicants or other members of the public
about a matter that is the subject of an adjudicative decision.
In the event that they do have a conversation with a member of the
public on such a matter, the Commissioner should state on the
record who they spoke with, and the subject of the conversation.
In this way the evidence obtained by the individual Commissioner,
outside of the hearing, will become part of the record, and will
be subject to rebuttal during the hearing.
Adjourned Meetings
The Planning Commission may adjourn any meeting to a time and
place specified in the order of adjournment. An adjourned regular
meeting is considered a regular meeting for the purpose of
transacting business.
If for any reason, the business to be considered at a regular
meeting cannot be completed, the Commission may designate a time
and date for an adjourned meeting. The adjournment must be
announced to the public present at the time and recorded in the
minutes. Any meeting may be adjourned to a time, place, and date
certain, but not beyond the next regular meeting. Once adjourned,
the meeting may not be reconvened.
Special Meetings
Special meetings shall be opened to the public. They may be
called by the Chairperson or majority of Commissioners or the
Secretary. Written notice shall be given to the City Council and
media at least 24 hours prior to the special meeting. The written
notice shall indicate the business to be considered and the time
and place of the special meeting. Only matters specified in the
notice may be considered pursuant to California Government Code
Section 54956,
Study Sessions
Study sessions or "work sessions" are usually informal, though
public. They are usually scheduled as adjourned regular meetings
and have a separate agenda.
June 10, 1996 1 12
Minutes
Minutes are taken at all Planning Commission meetings, transcribed
and included in the following agenda packet. Once approved, the
minutes are forwarded to the City Council for their information.
Minutes are then kept as the official record for the Planning
Commission's actions and are open for public review.
Minutes shall consist of a clear and concise statement of each and
every action including the motions made and the vote thereon.
Reasons for making a motion or voting, debate, and audience
reaction are generally irrelevant for purposes of the minutes.
Such items may be included if considered to be particularly
relevant or otherwise necessary by the Planning Commission
Secretary. The Planning Commission Secretary shall have exclusive
responsibility for preparation of the minutes. Any directions for
changes in the minutes shall be made only by the Commission's
action. Additions and corrections of the minutes may be made only
in public meetings, with the Commission's approval and not by the
private request of individual members.
Planning Commission Recommendations_
Planning Commission actions can be either advisory or conclusive
unless appealed to the City Council. Advisory actions are
transmitted to the City Council by the Planning Commission
Secretary for final action/decision.
Relations.with Cit Council Other Commissions Committees and
Staff
In areas where there is an overlap of jurisdiction between
Commissions, it is important that a liaison be developed to insure
consideration of the different viewpoints and minimize duplication
of efforts. Joint meetings with the City Council and other
commissions and committees may be mutually beneficial whenever two
or more bodies are simultaneously addressing the same topic.
Planning Commission members may address the City _Council on any
matter as individuals or as a Commission with majority approval of
the Planning Commission members. Additionally, the Chairperson
may address the City Council as a representative of the Planning
Commission with majority approval of the Commission. The
Commission should not attempt to relieve the City Council of the
responsibility for making political decisions. This
responsibility properly rests with the City Council and cannot be
delegated to any other body, however capable and interested it
might be.
The Commission or a member may disagree with the City Council on
any issue. Once the City Council has established a position on an
issue, the Commission must accept the position, policy, and
June 10, 1996 33
program adopted by the City Council. If personal ethical problems
arise, resignation from the Commission is appropriate. The
Planning Commission should not attempt to predict City Council
action, either publicly or privately. They may and should
interpret City Council policies or identify trends in Council
thinking.
The Cityworks for and is responsible to
the City Manager. The City Manager may assign staff.to act in a
technical advisory capacity and provide supportive assistance to
the Commission. Except where administrative authority is
specifically conferred upon the Commission, the Commission should
not attempt to direct or decide on the priority of work for the
department providing staff to it. It should not ask that staff
hours be committed for work that has not been budgeted or has not
been approved by the City Council. Since staff is directly
responsible to the City Manager, it becomes his/her responsibility
to allocate their time and efforts. However, the Commission
should set priorities for their own agendas.
It is not expected that every staff recommendation will be
approved. Based on the technical knowledge of staff,
consideration should be given to their recommendations. After a
staff recommendation is made, the Commission may or may not agree.
In the latter case, staff has the option of making. their
recommendations to the City Council through the City Manager which
may be different from those of the Commission.
The Planning Commission or its members should not discuss
individual concerns regarding personnel related matters with
employees. These matters should be referred to their respective
supervisors, department head, or the City Manager.
Relations with the Public
Planning Commissioners are encouraged to become aware of public
opinion relating to their field of influence and welcome citizen
input at Commission meetings. The Commission is encouraged to
take inventory of opportunities and resources to increase citizen
involvement.
Commission members should conduct themselves at public meetings in
a manner that is fair, understanding, and gracious as
circumstances permit. Members should be considerate of all
interests, attitudes and differences of opinion. Members should
take care to observe the appearance and the principle of
impartiality.
The Commission should ensure that rules and procedures are clear
to the public in public meetings. Commissioners will defer to the
Chairperson and, try to avoid speaker -to -audience conversation.
The public hearings purpose ,is usually to help the Commission act,
not engage in debate or argument with the public.
June 10 1996 14
Commissioners should not accept
persons concerned with matters
before the Commission*
gifts
from
applicants or
other
which
have
been or might
come
Commissioners should avoid making statements to the media or
public on matters that have not been presented before the entire
Commission. They should be aware that any statements or opinions
made to media members could be considered "on the record" by the
reporter.. Such statements should be made in consideration of the
likelihood that they will be printed or broadcasted.
Relations with the City Council should also be kept in mind when
communicating with the public or the media. Commissioners are
considered by the public as members of and spokesperson for the
official city family. Since policy decisions are the City
Council's sole responsibility, it is inappropriate for
Commissioners, as representatives of the City; to publicly
criticize established Council policies or Council members. If
personal ethical problems arise, resignation from the Commission
is appropriate. This does not in any way preclude a
Commissioner's responsibility to advocate his or her position on a
policy matter ,prior to an official policy decision.
Compensation/Travel Expenses
Each Planning Commissioner shall be paid a fixed sum for each
commission meeting attended. The sum to be paid is established by
City Council resolution.
The City Council may provide such sums as the Council deems
reasonable, in its sole discretion, for travel expenses, meals,
lodging and related expenses necessarily incurred due to the
performance of their official duties, including attendance at
seminars, conferences or training courses approved by the City
Council. The _expenses may be advance to Commissioners or
otherwise paid to them, in accordance with established City
Council policies.
Conflict of Interest
Government Code Sections 87100, at seq., requires that public
officials avoid any serious conflicts of interest when acting in
their official capacities. As a Planning Commissioner, two
aspects of these provisions will affect you. First, you are
prohibited from participating in decisions about any matter in
which you have a financial interest. Second, you are required to
file an annual financial disclosure statement. The first
financial disclosure statement is due shortly after you are sworn
into office.
June 10, 1996 15
Government Code Section 87100 states under what circumstances
I
nfluencing a governmental decision is prohibited:
No public
official
at any level of
State or local government
shall make,
participate in making
or in any way attempt to
use his
official
position to influence a governmental
decision
in which
he knows or has
reason to know he has a
financial
interest.
Government Code Section 87103 defines what constitutes a
"financial interest":
An official has a financial interest in a decision within the
meaning of Section 87100 if it is reasonably foreseeable that
the decision will have a material financial effect,
distinguishable from its effect on the public generally, on:
1. Any business entity in which the public official has a
direct or indirect investment worth more than $1,000.00;
2. Any real property in which the public official has a
direct or indirect interest worth more than $1,000.00;
3. Any source of income, other than loans by a commercial
lending institution in the regular course of business on
terms available to the public without regard to official
status, aggregating $250.00 or more in value provided
to, received by or promised to the public official
within 12 months prior to the time when the decision is
made;
4. Any business entity in which the public official is a
directorI officer, partner, trustee, employee, or holds
I
position of management; for purposes of this
section, indirect investment or interest means any
investment or interest owned by the spouse or dependent
child of a public official, by an agent on behalf of a
public official, or by a business entity or trust in
which the official, the official's agent, spouse, or
dependent children own directly, indirectly, or
beneficially a 10 percent interest or greater.
Obviously, if a Commissioner is applying for a zone change for
property the Commissioner owns, that Commissioner shouldnot
participate in the decision on the zone change.. The Commission
should be aware, however, that Section 87103(b) also applies to
real property that is indirectly affected by a decision of the
Commission. There are specific guidelines applicable to a
decision that is indirectly affected by a decision;
1. The effect of a decision is material as to real property
in which an official has a direct, indirect or
beneficial ownership interest (not including a leasehold
interest), if any of the following applies:
Tune 1Q, 1996 16
(a) The real property in which the official has an
interest, or any part of that real property is
located within a 300 foot radius of the boundaries
(or the proposed boundaries) of the property which
is the subject of the decision,. unless the
decision will have no financial effect upon the
official's real property interest;
(b) The decision involves construction of,. or
improvements to streets, water, sewer, storm
drainage or similar facilities, and the real
property in which the official has an interest
will receive new or substantially improved
services;
(c) The real property in which the official has an
interest is located outside a radius of 300 feet
and any part of the real property is located
within a radius of 2,500 feet of the boundaries
(or the proposed boundaries) of the property which
is the subject of the decision and the .decision
will have a reasonably foreseeable financial
effect of:
(1) $10,000.00 or more on the fair market value
of the real property in which the official
has an interest; or
(2) Will affect the rental value of the property
by $1,000.00 or more per 12 month period.
2. The reasonably foreseeable effect of a decision is not
considered material as to real property in which an
official has a direct, indirect or beneficial interest
(not including a leasehold interest), if the real
property in which the official has an interest is
located entirely beyond a 2,500 foot radius of the
boundaries (or the proposed boundaries) of the property
which is the subject of the decision; unless:
(a) There are specific circumstances regarding the
decision, its effect, and the nature of the real
property in which the official has an interest,
which make it reasonably foreseeable that the fair
market value or the rental value of the real
property in which the official has an interest
will be affected -by the amounts set forth in
subdivisions (a)(3)(A) or (a)(3)(B); and
(b) Either of the following apply:
(1) The effect will not be substantially the same
as the effect upon at least 25 percent of all
the properties which are within a 2,500 foot
June 10, 1996 17
radius of the boundaries of the real property
in which the official has an interest; or
(2) There are not at least 10 properties under
separate ownership within a 2,500 foot radius
of the property in which the official has and
interest".
It is strictly the individual Commissioner's decision whether or
not his/her "financial interest" constitutes sufficient reason to
disqualify himself/herself from consideration of a particular
matter. It is important that a Commissioner be alert to identify
at an early stage any real or potential conflicts of interest, and
that he/she acts accordingly. Should a Commissioner need
assistance in determining whether a conflict exists, the City
Attorneys office may be called. For some potential conflicts, it
may be necessary to request an opinion from the Fair Political
Practices Commission (FPPC). The City can provide the telephone
numbers of appropriate FPPC staff members or place calls on your
behalf. Under recent decisions of the FPPC, the fact that a
Commission relies on the opinion of the City Attorney does not
protect that commissioner from enforcement actions by the FPPC, if
the City Attorney's advice was erroneous.
There are a number of other conflict of interest statutes and
doctrines which govern such issues as Commission approved
contracts in which Commissioners have a financial interest, the
holding of two "incompatible" public offices, and other cases in
which a Commissioner's ability to render an impartial decision
could be questioned. The City Attorney can provide advice on any
of these issues.
Commissioners are among those public officials who are required by
Government Code Section 87200 to file a statement disclosing
investments and interests in real property. The City Clerk will
provide the Commissioners with the disclosure report forms. These
disclosure statements must'be filed shortly after a Commissioner
is sworn into office and by April 1st of each following year that
the Commissioner remains in office. The originals of these forms
are then forwarded by the City Clerk to the, Fair Political
Practices Commission.
Disqualification From Commission Decisions
As a Commissioner,. if a matter in which you have a financial
interest comes before the Planning Commission and the decision
will naturally affect that financial interest, you must disqualify
yourself from all participation. This means you may not discuss
the matter with your colleagues, may not participate in
deliberations concerning the matter, must abstain from voting, and
refrain from any attempt to influence the decision on this matter.
The Commissioner should leave the room while the matter is under
consideration in order to avoid violating these prohibitions. The
financial interest leading to abstention must be identified and
June
IQ, 1996 18
recorded by the Secretary. If a reason is not offered, the
Chairperson should request it.
There are two exceptions to the general rule. The first exception
is that a Commissioner will not be disqualified if the decision
will affect the Commissioner's financial interest in the same
manner it will affect the public generally. The second exception
is that Commissioners may be advocates on their own behalf,
provided that they do this as any other citizen would. It is
desirable to guard against even the suspicion of unethical conduct
by any City official. City officials should be careful to avoid
any act or statement that might be misconstrued. Their official
behavior should appear to all concerned above reproach.
Brown Act
The stated requirements for a regular meeting time and a well
publicized notice of any special meeting are necessary to
implement the citizens' right to know what their public officials
are doing. The Ralph M. Brown Act states in the strongest terms
the necessity for openness in public meetings.
The Brown Act states:
"In enacting this chapter, the legislature finds and declares
that the public commissions, boards, and councils, and other
public agencies in this state exist to aid in the conduct of
the people's business@ it is the intent of the law that
their actions be taken openly and that their deliberations be
conducted openly."
"The people of this state do not yield their sovereignty to
the agencies which serve them. The people, in delegating
authority, do not give their public servants the right to
decide what is good for the people to know, and what is not
good for them, to know. The people insist on remaining
informed so that they may retain control over the instruments
they have created." (Government Code, Title 5. Section 54950)
The Brown Act's provisions may apply, to meetings of less than
quorum committees, of boards or commssions, but not to social
where
no
action
isa
gatherings
Responsibility to know current Brown Act revisions rests -with each
Commissioner.
June ]0, 1996 19
California Environmental Ouality Act Reguired Procedures
In general terms, the following explains the basic steps required
by the California Environmental Quality Act (CEQA)I. Each City is
required to adopt its own local guidelines for implementing CEQA.
STEP 1. Project application received.
(a) Staff decides whether the proposed activity is
subject to CEQA or exempt.
(1) "Exempt" means not within the definition of
"project", or that .it is ministerial, an
emergency project, or categorically exempt.
(b) An exempt project requires no further action under
CEQA or it's guidelines.
(1) The applicant should be notified of the
determination. (State Guidelines, §15374 and
§15062 and Public Resource Code §21167 (d).
(c) Staff reports the environmental determination to
the Planning Commission when proposed action on
the project is before the Commission.
STEP 2. Project is subject to CEQA.
(a) To determine if a project may have a significant
effect on the environment, staff .conducts and
prepares a written Initial Study.
(i) An Initial Study. consist of a completed
Environmental Checklist plus staffs analysis
of environmental effects.
(b) After determining that an Initial Study will be
prepared, staff consults. informally with other
agencies having jurisdiction over the project as
to whether an Environmental Impact Report (EIR) or
Negative Declaration declaring the project will
not have significant environmental impacts should
be prepared.
(1) Staff may also consult with the applicant
during or immediately after the Initial
Study's preparation and determine whether the
applicant is willing to modify the project to
reduce or eliminate any significant effects
identified in the Initial Study.
(c) If the proposed project involves the issuance of a
permit, lease, license or other entitlement for
use, the City must determine in writing, within 30
days from the applicant's receipt, if the
application is "complete".
June 10, 1996 20
STEP 3.
STEP 4
(1) A written notice of this determination must
be sent to the applicant.
(2) If the application is not complete, the
notice must inform the applicant of all
information required to make the application
"complete".
(3) If the application is complete, the notice
should so inform the applicant and may inform
the applicant that an EIR or Negative
Declaration will be required.
Initial Study indicates the project may have a
significant effect on the environment.
1.
(a) Staff or applicant may suggest project revisions
which, when implemented will result in the project
having no significant environmental effects.
(1) If this occurs, the project should be
formally revised to reflect these "mitigation
measures" and follow procedures in Step 4
(listed below).
(b) If the project may still result in one or more
significant environmental effects after mitigation
measures are added, follow procedures in Step 7
(listed on page 20).
(c) If the project involves the issuance of a permit,
lease, license or other entitlements for use, the
City has 30 days from the date the application was
determined "complete" within which to decide if a
Initial Study indicates that the project will not have a
significant effect on the environment.
(a) Staff prepares a proposed Negative Declaration
(in accordance with State Guidelines SS15070,
15071, 15072, 15074, and 15075) including
mitigation measures, if any, and attaches a copy
of the Initial Study, documenting reasons to
support its findings.
(1) A Negative Declaration is a written statement
briefly describing the reasons that a
proposed project will not have a significant
effect on the environment and does not
require the preparation of an environmental
impact report (CEQA Section 21064).
(2) Mitigation measures require a mitigation
monitoring program which must be prepared and
June ]0, 1996 21
adopted at the same
Declaration is adopted.
time the Negative
(b) Public notice that a Negative Declaration has been
prepared must be given before it is approved/
disapproved by the Commission (Guidelines §15072).
(1) Public review must be no less than 20 days,
unless State Clearinghouse review is
required.
(2) State Clearinghouse review requires that
public review be extended to 30 days.
(3) Noticefor the proposed Negative Declaration
must also be filed with the County Clerk, who
must post the notice within 24 hours after
receipt of the proposed negative declaration
for a 30 day period.
(c) The City must consult with, and solicit comments
from, each agency with jurisdiction over the
project by law, consult with persons having
special expertise (State Guideline §15073), and
send a copy of the proposed Negative Declaration
to these agencies.
(d) If the project is of statewide, regional, or area
wide significance, the proposed Negative
Declaration must _ be sent to the State
Clearinghouse for review.
(1) For a project involving the issuance of a
permit, lease, license, certificate or other
entitlement for use, the Negative Declaration
must be completed and ready for review by the
Commission within 105 days (plus a reasonable
extension if the developer/applicant agrees)
from the date the project application was
determined "complete".
STEP 5. Negative Declaration preparation.
(a) Planning Commission or Council must review and
consider the Initial Study, proposed Negative
Declaration, any comments received and staff s
analysis of those comments and approve or
disapprove the Negative Declaration prior to
making any determination on the project.
(1) A project can not be approved until a
Negative Declaration has been approved or an
EIR has been certified.
June 10, 1996 2 2
(2) If the Commission finds that the proposed
project may have a significant environmental
impact, the Commission rejects the Negative
Declaration and asks for an EIR to be
prepared.
(3) The City can approve or disapprove a project
for which a Negative Declaration is prepared
within three months (plus a 90 day extension
if the developer/applicant agrees) from the
date the Negative Declaration is adopted;
otherwise the project may be automatically
approved by operation of law.
STEP 6. Negative Declaration approved.
(a) A Notice of Determination (NOD) must be filed with
the County Clerk.
(1) If the Negative Declaration includes a
finding of no adverse effect on wildlife, a
Certificate of Fee Exemption (The Fish and
Game Code §710.5 et seq.) must be filed with
the NOD.
STEP 7. There is or may still be a significant effect.
(a) A draft EIR must be prepared (State Guideline
§15064).
(b) A draft EIR must also be prepared if members of
the public present substantial evidence that the
project may have a significant effect on the
environment (State Guideline §15064).
STEP 8. EIR preparation.
(a) The City must send, by certified mail, a Notice of
Preparation (NOP) to each agency with juris-
diction over the project providing the responsible
agencies with sufficient information describing
the project and the potential environmental effect
to enable .the responsible agency to make a
meaningful response.
(1) The NOP must also be filed with the County
Clerk, who must post the notice for a 30 day
period.
(b) Before completing a draft EIR, staff must consult
with other agencies having jurisdiction over the
project concerning the scope and content of the
EIR. The other agencies have 30 days to respond
and the draft EIR cannot be circulated for review
and comment until that time has lapsed (State
Guidelines §15082).
June IQ, 1996 - 23
STEP 9. After the draft EIR's completion.
(a) A Notice of Completion (NOC) must be filed with
the Secretary for Resources and notice stating the
significant effects on the environment, if any,
anticipated as a result of the project and an
opportunity to review and comment on the EIR must
be given to the public, along with the location at
which all the documents referenced in the draft
EIR are available for review.
,(1) A 30 day minimum public review and comment
period is required.
(b) The draft EIR must be sent to other agencies
having jurisdiction over the project and Trustee
Agencies.
(ej If the project is one of statewide, regional or
area wide significance, the draft EIR must also be
sent to the State Clearinghouse for review.
(i) A minimum 45 day public review period is
required.
STEP 10. Public Hearing.
(a) A public hearing on the draft EIR may be
.conducted. CEQA does not require, but encourages
public hearings.
(1) If a hearing is held, it must be properly
noticed (State Guidelines §§15087 and 15202).
STEP 11. Final EIR.
(a) Staff assembles the final EIR which includes the
draft EIR plus public and other comments and
responses to significant issues raised in the
comments.
(b) At least 10 days before certifying a final EIR as
complete, a proposed written response must be
provided to each public agency that commented on
the EIR.
STEP 12. Certification of EIR.
(a) The Commission reviews and considers the final EIR
and makes the .findings required- by CEQA and the
State Guidelines prior to approving the project,
including adoption of a mitigation monitoring
program.
June 10, 1996 2 4
STEP 13.
(1) No project for which an EIR is required can
be approved unless such findings have been
made for each significant impact identified
in the EIR.
(b) Possible findings are.
(1) Changes or alterations have been required
in &we the project which avoid or
substantially lessen the significant
environmental effect ... or
(2) Such changes or alterations are within the
responsibility and jurisdiction of another
specific public agency or
(3) Specific economic, social, or other
considerations make infeasible the mitigation
measures or project alternatives identified
in the final EIR (Guidelines §15091 (a)).
(c) If the Commission makes either finding (2) or (3)
for any impact identified in the EIR, CEQA
requires the Commission to balance the benefits of
a proposed project against its unavoidable
environmental risks in determining whether to
approve the project.
(1) The Commission cannot approve the project
unless it finds that the project's benefits
outweigh the unavoidable adverse
environmental effects. This finding is
commonly referred to as a "Statement of
Overriding Considerations".
(d) Commission makes a decision on the project.
(1) This can be at the same meeting as the
decision on the EIR.
(2) The City must approve or disapprove the
application within six months of the date the
EIR is certified or the project may be
approved by operation of law.
If The Commission approves a project for which an EIR
was prepared.'
(a) An NOD must be filed with the County Clerk,
including a statement of mitigation measures, the
Commission's decision, and a statement that an EIR
was prepared and certified as required.
June 1Q, 1996 25
(1) If the
project requires
discretionary
approval
from a
state agency
the NOD must
also be
filed
with the
Secretary for
Resources
(State
Guidelines §15094).
Importance of Findings in Quasi -Judicial Action.
From time to time the Planning Commission will be called upon to
exercise its quasi-judicial function. In other words, the
Commission will sit as a "judge". Examples of quasi-judicial
decisions include decisions on whether a variance or a conditional
use permit is appropriate for a particular piece of property. The
following discussion, excerpted from a December 30, 1982
publication by the State office of Planning and Research,
discusses the importance of the Commission making findings showing
the reasons the Commission made its decision.
TOPANGA: THE CORNERSTONE FOR FINDINGS
Any discussion of findings and decisions affecting land use must
begin with the seminal case in the area, Topanga Association for a
scenic Community v. County of Los Angeles, 11 Cal.3d 506 (1974).
In Topanga, the court defined findings, explained their purposes,
and showed when they are needed.
Definition
The Topanga court defined findings as legally relevant
subconclusions which expose the agency's mode of analysis of
facts, regulations, and policies, and which bridge the analytical
gap between raw data and ultimate decision (Topanga, supra, at pp.
515 and 516). .In other words, findings are the legal footprints
local administrators and officials leave to explain how they
progressed from the facts through established standards to the
decision.
Purpose
The Topanga court outlined five purposes for making findings,
three are relevant mainly to the decision -making process and two
are relevant to iudicial functions.
Findings should:
1. Provide a framework for making principled
decisions, enhancing the integrity of the
administrative process;
2. Help make analysis orderly- and reduce the
likelihood that the agency will randomly leap -from
evidence to conclusions;
June 10, 1996 - 2 6
3. Serve a public relations function by helping to
persuade the parties that the administrative
decision -making is careful, reasoned and
equitable;
4. Enable the parties to determine whether and on
what basis they should seek judicial review and
remedy; and,
Apprise a reviewing court of the basis for the
agency's action.
Topanga, supra, at pp. 514 and 516 [fn. 14]
Circumstances Requiring Findings
While the four purposes seem clear enough, State law has not
clearly distinguished between, the situations which require
findings from those which do not. Absent a specific legislative
requirement for findings, the courts determine when they are
necessary. In general, case law has required findings for land
use decisions that are adjudicative in nature (also known as
quasi-judicial, administrative, or adjudicatory decisions). In
this type of decision, a reviewing body holds a hearing, as
required by the Constitution, State statute, or local ordinance,
takes evidence, and bases its decision on the evidence. The
action involves applying a fixed rule, standard, or law to
specific facts and a specific parcel of land.. Examples include
variances, use permits, and tentative subdivision and parcel maps.
In each case local officials apply existing land use or other
development standards to specific parcels.
Not only do these approvals constitute adjudicative acts, their
denials are adjudicative in nature as well. Especially in the
case of tentative subdivision maps, if the decision -making body
makes certain statutory findings, it must deny the subdivision map
(Government Code Section 66474). If the body makes certain other
findings, it has the option of denying the subdivision (Government
Code §66474.6).
By way of,comparison, findings are not necessary for legislative
or quasi -legislative acts, unless specifically required by statute
(Ensign Bickford Realty Corp. v. City Planning Commission [1977]
68 Cal.App.3d 467, 473). In contrast with adjudicative acts,
legislative acts generally formulate a rule to be applied to all
future cases rather than applying an existing rule to a specific
factual situation. Examples are the adoption or amendment of a
general plan or zoning ordinance. Even though a zone change or
general plan amendment may be specific to a particular parcel, it
is still a legislative act because its underlying effect is
legislative in nature, regardless of the size or geographic scope
of the property affected (Arnel Development Company v. City of
Costa Mesa [1980] 28 Cal.3d 511, 514, Karlson v. City of Camatilto
[1980] 100 Cal.App.3d 789, 799).
June 10, 1996 27
Preparation of Findings: A ouestion of Timing
In resolving the question of at what point
in the process should
the decision -making
body adopt findings, Topanga again
provides
guidance. Topanga states that findings
should enhance the
integrity of the
administrative process,
help .make
analysis
orderly, and reduce
the likelihood that the
agency will
randomly
leap from evidence
to conclusions. This requires the,decision-
makers to identify
the reasons supporting
a decision
prior to
taking action.
However, in the daily reality of acting on a myriad of different
land use applications, a local body may face a number of factors
making it difficult to formulate detailed and well -articulated
findings and reduce them to writing at the point of the decision.
Factors affecting this include the nature of the decision, the
evidence, and the presence or absence of external factors like
State mandated time limits requiring local agencies to act within
specific time periods. The following example illustrates how
these factors operate to influence the adoption of findings.
Late in the evening, after lengthy public testimony and
extensive post -hearing discussion of the basis of the
decision, a city planning commission has reached
consensus to deny a tentative subdivision, contrary to
the staff's recommendation. The staff report contains
suggested findings supporting the tentative
subdivision, and environmental findings supporting the
adoption of a Negative Declaration. The commission
must act on the application that evening because of
statutory time limits. For decisions affecting
subdivision maps, the commission acts by motion to
adopt a resolution, and the sponsor of the approving
motion, a lay person, has difficulty articulating all
the reasons which have been discussed for approving the
project. Because of the time limits, there is no
future opportunity to incorporate the findings into the
decision.
This illustration shows several practical difficulties in adopting
adequate findings. First, lay commissioners may not readily
assimilate new information and may have difficulty verbalizing
their rationale in the form of structured findings needed to
support their decisions, especially if such decisions closely
follow lengthy public hearings and statutory time limits are
present. Second, if,the resolution must be adopted ,that night due
to statutory time limits, there is no opportunity to direct staff
to prepare a resolution incorporating the necessary findings
supporting the action taken, the preferred approach.
In this example, had the commission agreed with the staff
analysis, it could have adopted findings by reference to the staff
report, since making findings by reference is permissible
June 10, 1996 28
(McMillan v. American General Finance Company (1976) 60 Cal.App.3d
175, 184). Many agencies have their staffs prepare proposed
findings for their decision -makers to consider and 'then use,
revise or reject. The suggested findings can help the decision-
makers identify the appropriate information, policies, and
regulations governing the proposed project and guide them in
making the necessary findings. of course, before adopting any
staff -prepared findings, the decision -makers must objectively
review and, where necessary, revise them to make sure that they
accurately reflect both the evidence in the record (which is
likely to be supplemented in the hearing after the preparation of
the staff report) and their own conclusions. In addition, failure
to objectively review these findings by the decision -making body
exposes the City to a challenge for acting without appropriate
deliberation. That is, in the end, the commission would not adopt
findings of their own decision but, instead, would adopt findings
reflecting the staff opinion of what the decision should be.
Where the opportunity exists, many local land use decision -making
bodies take tentative action and then direct staff to draft a
written statement of the supporting reasons as reflected in the
evidence and the deliberative discussion. The staff draft can
then be reviewed for adoption as the agency's findings at a later
meeting. This method provides the opportunity to carefully review
the entire record, including the evidence presented during the
public hearings. Of course, if this review of the record reveals
that there is an evidentiary gap, the decision -makers must be
prepared to alter their decision.
Whether or not a decision -making body relies on staff -prepared
findings pre- or post -hearing, the goals are the same. These
goals are to ensure that decisions are made in an open and
reasonable manner, based upon articulated reasons which in turn
are based upon the evidence in the record.
Summary Bridaina the Gan
California courts have demonstrated their concern for rational and
open land use decisions that protect the public interest. The
Topanga court offered four purposes for findings, all emphasizing
these concerns. The now familiar language of "bridging the
analytical gap between raw data and ultimate decision" leaves no
doubt that courts intend decision -makers to follow an orderly path
of logic before arriving at their decisions. While the political
reality of making land use decisions involves compromises at
times, the political reality must accommodate rational and
dispassionate deliberation in the decision -making process.
In the area of land use planning, local decision -making bodies
must adopt findings when making adjudicative decisions -variances,
conditional use permits, tentative subdivision and parcel maps,
and public street abandonments. Further, Public Resources Code
§21081 requires decision -making bodies to make .one or more
findings when an Environmental Impact Report identifies
June 10, 1996 29
significant effects of a proposed project. Also, some State
statutes require findings before jurisdictions approve certain
legislative decisions, such as growth limiting general plans and
growth limiting zoning ordinances.
The process of making land use decisions has its rough edges:
economic impacts, election campaigns, tender egos, and
neighborhood conflicts. Making findings as an integral part of
the decision -making process will not guarantee that all of the
rough edges will be smoothed out. However, if decision -making
officials take findings seriously, they can reduce the public's
doubts about the wisdom of their decisions and reduce public
skepticism about their motivations. Using findings builds an
excellent defense for local officials, decisions, and ultimately
more justly serves the public purposes of regulating land use.
Specific Action
A Conditional use Permit (or C.U.P.) is an application filed in
order to establish a use which is not automatically permitted in
the zone. The conditional use permit procedure was created in
order that controls could be placed upon particular uses of land
so that the use will not adversely affect neighboring properties.
Land uses are either automatically permitted, conditionally
permitted by approval of a conditional use permit, or prohibited.
A prohibited use cannot be allowed through a conditional use
permit.
In granting a C.U.P., specific findings must be made. Typically,
these are: (1) the proposed use and development will be consistent
with the General Plan; (2) the site is adequate in size, shape,
topography, location, utilities, and other factors to accommodate
the proposed use and development; (3) there will be adequate
street access and traffic capacity; (4) there will be adequate
water supply for fire protection; and (5) the proposed use and
development will be compatible with the intended character of the
area. The Diamond Bar Zoning Code may have additional or slightly
different criteria..
A Variance is an application requesting an exception from a
standard required by the zoning ordinance. For example, an
applicant may file for a Variance to exceed the height restriction
on a house or a reduction in the number of parking spaces provided
at a restaurant. A Variance to permit a use not authorized in the
zone district - a "Use Variance" - is prohibited by State law.
In granting a Variance, the reviewing body must make specific
findings consistent with State law. These are: (1) special
circumstances applicable to the property exist, such as its size,
shape, topography, location or surroundings; (2) the strict
application of the zoning ordinance would deprive the property
owner of privileges enjoyed by other property owners in the
vicinity and the same zone district; and (3) granting of the
Variance will not constitute a special privilege.
June 10, 1996 30
A Tentative Tract Map or Parcel Map (subdivision map) is a map
recording the division of land for the purpose of sale, lease, or
financing, and is governed by the Subdivision Map Act. A
subdivision of five or more parcels requires a tentative and final
map. A subdivision of four or fewer parcels requires just a
parcel map.
In granting a Tract Map or Parcel Map, the reviewing body must
make specific findings consistent with State law. These are: (1)
the proposed map is consistent with applicable general and
specific plans; (2) the design or improvement of the proposed
subdivision is consistent with applicable general and specific
plans; (3) the site is physically suitable for the type of
development; (4) the site is physically suitable for the proposed
density of development; (5) the design of the subdivision or the
proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or
wildlife or their habitat; (6) the design of the subdivision or
type of improvements is not likely to cause serious public health
problems; (7) the design of the subdivision or the 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; (8) the Commission has considered the effect
of the tract map [parcel map] on the housing needs of the region
as set forth in the City's Housing Element; and (9) the design of
the subdivision provides, to the extent feasible, for future
passive or natural heating or cooling opportunities.
A Zone Change is a request - generally by a private individual but
occasionally by the City - to rezone a property from. one zone
district to another zone district. For example; a petition maybe
filed to rezone a property from a residential zone to a commercial
zone. other than being in conformance with the general plan, no
specific findings are necessary for a zone change, as this is a
legislative matter.
In general, specific findings are necessary in connection with
action upon an application for a subdivision, variance,
conditional use permit, specific plan, and other discretionary
permits, and revocation of all of the above discretionary permits.
June 1Q, 1996 31
Congratulations on your appointment to the Planning Commission.
As a Commissioner, your activities during your tenure.will have a
significant impact on the residents of Diamond Bar. The City
sincerely hopes that you will serve your community always with the
public good firmly in mind. The City also trusts that you will
listen to all sides of all issues, discern between the important
concerns and the self-serving ones, weigh the options with a
critical mind and an open heart, and base your decisions on a
commitment to serve the public responsibly. The City of Diamond
Bar applauds your involvement and support of city government,
where citizens can directly address local political and economic
concerns and seek appropriate representation.
lone 10, 1996 3 2
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: James DeStefano, Community DevelopmenttR6-'1997
SUBJECT: REVIEW OF AMENDED FISCAL YECAPITAL
IMPROVEMENT PROGRAM FOR CONFORMITY WITH THE
GENERAL PLAN PURUANT TO SECTION 65401 OF THE
GOVERNMENT CODE.
DATE: June 7, 19965
On May 9, 1996, the Planning Commission reviewed and approved the proposed FY 1996 1997
Capital Improvement Program for conformity with the General Plan pursuant to Government
Code Section 65401.
Refinements have been made to the proposed CIP necessitating an additional review for
conformity. Therefore this matter is before the Planning Commission to review and approve
an amended list of projects.
Attached to this report please find the previously approved list of projects. In addition, a new
exhibit has been prepared identifying projects added or changed since the May 9 approval. As
revised, the FY 96-97 CIP appropriation is now estimated at $7,628,270,00. Staff has reviewed
the amendments and finds the proposal consistent with the adopted General Plan.
Attached: Planning Commission Staff report dated May 9, 1996
Exhibit "A" dated Junea, 1996
Draft Planning Commission Resolution
JDS\mco
AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
6.1
June 3, 1996
June 10, 1996
Conditional Use Permit No. 96-OS
Development Review No. 96-04
A request fora 2,472 square foot
Kentucky Fried Chicken restaurant with
a drive-thru aisle.
2757 Diamond Bar Boulevard within the
Country Hills Towne Center. (Lot 15 of
Parcel Map 18722).
APPLICANT: Bob Merriam, Carlson Design and
Construction Company
2301 E. Winston Road
Anaheim, CA 92805
PROPERTY OWNER:
BACKGROUND:
M & H Realty Partners
3655 Nobel Drive, Suite 560
San Diego, CA 92122
The applicant's agent, Carlson Design and Construction Company is requesting
approval of a Conditional Use Permit and Development Review for a Kentucky
Fried Chicken fast-food restaurant within the Country Hills Towne Center, on
Diamond Bar Boulevard.
Country Hills Towne Center is an existing approximately 17.7 acre commercial
shopping center. The existing uses in the Center currently include Ralph's,
Thrifty Drugs, various commercial specialty and fast food restaurants, a day care
center and an eight screen theater. The most recent addition is the Automobile
it
Club, located within a freestanding two-story building on southeastern end of the
site.
The General Plan designation for this site is General Commercial (CG), and the
zoning is Restricted Business, (C-1). Generally, the following zoning designations
surround the site; Single Family Residential (R-1-7,500) to the north, Residential
Planned Development (RPD-145U) to the south, R4-7,500 to the east and R-1-
7,500 to the west, which is separated from the Center by a flood control
channel. Land uses surrounding the site are generally single family residential in
all directions, with condominiums along the east side of Diamond Bar Boulevard.
APPLICATION ANALYSIS:
Site Description
The subject site is a rectangularly shaped, vacant lot (except for two existing
parking lot lights) 24,498 square feet in size, within a developed commercial
shopping center. The site, along with the rest of the Center is located below the
elevation of Diamond Bar Boulevard. A retaining wall bounds the north and east
sides of the site, supporting slopes which extend upwards to the street level.
The result is a site that is in somewhat of a canyon, below an office building to
the north (which is not a part of the Center) and Diamond Bar Boulevard to the
east.
The site is relatively flat, sloping downwards towards the west. The developed
site will drain in this direction and storm water will be diverted via a ribbon
gutter in the Center's parking lot to catch basins and then ultimately flood control channel to the west of the site. into the
Project Description
The proposed restaurant is a 2,472, square foot one-story building, ranging in
height from 17'10" inches for the main portion of the building and 26'3" at the
tower structure which typifies Kentucky Fried Chicken restaurants. The
structure's height is in compliance with Code requirements which limit structures
within the C-1 zone to a maximum of two (2) stories.
The building is setback 65' from the Center's easterly (Diamond Baz Boulevard)
property line. This is in compliance with the C-1 development standards which
require a 20' minimum setback from major or secondary highways The
restaurant will be oriented to face the interior of the Center. Generally, only the
upper portion of the rear of the building will be visible from Diamond Bar
Boulevard.
The applicant has proposed 22 parking spaces (including two spaces for the
handicapped) on the restaurant site. A loading zone has been provided along the
r�
southerly side of the building adjacent to the drive-thru aisle. In compliance with
Code Section 22.52.110 parking for restaurants is based upon occupancy with one
parking spaces required for every three people. The occupant
in a shortfalld for
proposed use is 74.24, which requires 25 parking spaces, g
while the occupant load is approximately 74, the
of three spaces. However,
restaurant has been designed to serve 40 customer's within their e i shg to These
it is estimated that there will be a maximum of 12 employees p
tparking is more than adequatee to serve the
estimates indicate that he proposed
restaurant.
lots In
Further, there are currentlywas conducted spaces
conjunctionew'IfhnthesCenterns expansion
which i parking study
wincluded the theater ands of Commercial
Center when sfullyanoccupied, based upon
t USM The parking
study estimated the parking needd
a shared parking concept. This principle suggests that dissimilar land uses have
using the same
differing peak hours of operation, and generallanwill evening be Additionally, this
parking spaces at the same time during the day
concept holds that a certain percentage commercial center customers xample, a theater patronize pat
multiple businesses during a typical shopping a parent picking up their child from the
may stop for dinner after a movie or a p P
daycare center, may also stop for groceries.
The parking study concluded that at most, 918dpe only significant fcant change ces would be needed
the
C the Center. Since the time of this 1995 expansionofthe building which is now the Auto
Center has been the May
uClub. The ses at the Cenff report ter includingnd that 987 the expandedarking spaces would Auto Club building. be required for e
It is also important to note that the parking study assumed that there would be
Center, requiring 333 parking spaces•
21,500 square feet of food uses at the to
However, there is currently 11,910 square feet of the proposed Kentucky �FilednmChdevoted
ken drestaurtantg
establishments including
re required for retail uses than re ebased
appears that the parking study
usM it
Because fewer parking spaces aoverestimated the amount of parkingng needs
on restaurant uses.
Based upon this information, it can be concluded that although the restaurant site
is short three parking spaces, this shortfall can be easily accommodated by the
Center's existing parking.
Because there is no direct access to the restaurant from the street, customers will
enter the site from the Center's parking lot. The closest external access to the
restaurant is the main entrance off of Diamond Bar Boulevard ngsstudy, tths
. As found in the parl;
,driveway on Fountain Spring
s wrs illdalready be on site, and will drive or walk
anticipated that many
to the restaurant from other parts of the Center. An existing pedestrian walkway
3
extends through. the parking lot from in front of the theater to the restaurant's
main entrance, A condition of approval has been included requiring that the
applicant to connect the walkway to the sidewalk in front of the restaurant,
creating a continuous pedestrian walkway from the theater to the site.
Internal access to the restaurant site from the Center's parking lot will be from a
26' two-way drive aisle on the southerly side of the site. Customer's can either
walk into the restaurant or utilize the 12' drive thru aisle that wraps around the
rear and north side of the building and exits to the west into the Center's
parking lot. Stacking distance for six cars has been provided within the drive-
thru aisle. On the north side of the site is a 15' exit only, one-way drive aisle.
Ideally, the drive aisles for the restaurant should align with the Center's parking
aisles, allowing vehicles to enter and exit the site without turning, minimizing
Potential conflicts with cross traffic. The restaurant's entrance and exits are
slightly offset from the Center's drive aisles, requiring some turning movement.
However, because of the width of the site, if the drive aisles were aligned there
wouldn't be adequate, room to accommodate the required parking, and the drive-
thru aisle. The possibility of reversing the restaurant has also been considered.
However, this arrangement would also result in offset drive aisles and would
create the further disadvantage of moving the restaurant entrance further away
from the Center's main entrance on Diamond Bar Boulevard.
Considering the size and orientation of the site, staff believes that the proposed
arrangement is the best design to accommodate the restaurants required parking
and drive aisles. Further, because of the relatively slow speed of traffic in the
parking lot and adequate width of the drive aisles, traffic circulation in this area
should be easily accommodated by the design and location of the restaurant's
drive aisles.
Landscaping will be provided in two, five (5) foot wide planters along the
southerly and easterly boundaries of the property, and in planters distributed
throughout the parking area and adjacent to the building. A total of 34% of the
site is landscaped (8,379 square feet) which significantly exceeds the lo%
required by the Code for commercial uses.
In order to harmonize with the existing landscaping, the applicant is se
of the same plant species that are used throughout the Center. using veral
Generally, the
landscaping has been well distributed throughout the project site. where landscaping is lacking is in The only area
property boundary, adjacent to the front of the restaurant and along the northerly
retaining wall. A condition of approval has
been included requiring that a foundation planter be provided along the front
building elevation and that tree wells be installed in the parking area on the
northerly side of the site.
On site lighting will be provided from two existing parking lot lights
located at
either end of the northerly property boundary of the property
and one new that will be added adjacent to the entrance driveway. The new light will be
designed to match the existing 20' lights.
The architectural style of the restaurant can be described as
Spanish/Mediterranean, featuring, a tile roof and beige and off-white stucco walls.
The building is typical of the KFC prototype featuring a red and white tower
and a red top cap reveal and red stucco base. Generally, the architecture of the
restaurant is consistent with "the rest of the Center. The only concern is that the
shade of off-white proposed for the pilasters, the stucco horizontal accent bands
above and below the windows and the stucco soffit may be a little brighter than
the colors used on the buildings throughout the Center. A condition of approval
has been included requiring that a color more consistent with the rest of the
Center be substituted for the proposed shade of off-white.
Because of the restaurant's location below the street grade, the roof will be
visible and therefore any mechanical equipment mounted on the roof may also be
visible. A condition of approval has been included requiring that all mechanical
equipment be adequately screened from view.
The hours of operation will be from 10:00 a.m. to 11:00 p.m., seven days a
week. There will be a maximum of 12 full time employees on three shifts with
a maximum four employees per shift, plus additional part time employees
Issues
The major issues identified for this project are circulation/traffic impacts, the
remediation of hazardous chemicals on the site, and the impact of cooking odors.
Site Remediation: Chevron operate
_d a service station on the property to the north
of the project sue between 1967 and 1976. Gasoline was stored in three
ith a waste oil tank. In 1976 the station was
underground storage tanks along w
closed and the storage tanks were removed. The service station building was
subsequently demolished in s w The existing building was constructed in 1990
over a portion of the former service station. It was discovered that there was a
release of fuel oil into the subsurface of the site, residual oil at the former tank
and dispenser areas and groundwater contamination at the property caused by
leaks from the tanks and piping. It was subsequently found that fuel
hydrocarbons had migrated from the Chevron site to the project site.
In August of 1990, the City ordered the clean-up of the site and a soil vapor
and groundwater extraction, oylwas installed. According
Tuan, project manager Chevonthe soivaporeactionwuccessfully
completed in February of this year.
The monitoring and remediation of the groundwater is continuing through a total
of eight monitoring wells located on the Chevron site, in the Center's. pazking
lot, west of the subject site and adjacent to Diamond Bar Blvd. and through the
regulaz extraction of ,contaminated groundwater.
The applicant has submitted. a Quarterly Monitoring Report for January through
March 1996, prepared by Alto Geoscience for Chevron. This report indicates
that the level of contaminants of the groundwater is nondectable in of all the
wells except one. This well is located to the east of the site, adjacent to
Diamond Bar Boulevard. According to Mr. Tuan, the contaminant level from
this well, while detectable is very low. Once the Regional Water Quality
Control Board, determines that the groundwater is free of contaminants,
monitoring of the site will continue for a year to insure that the groundwater
remains clean.
This issue is being adequately addressed through the on -going monitoring and
remediation of this site. A condition of approval has been included requiring
that the applicant provide a soils test report to indicate if the soil is clear of
contaminants. The condition will also insure that the monitoring and clean up of
the groundwater wells will continue as required by the City and the Regional
Water Quality Control Board.
There was a separate concern regarding a dry cleaning establishment, which
operated within the Center from 1966 to 1994, approximately 700 feet to the
west of the subject site. Contamination from the chemicals used in the dry
cleaning process were found on this site and within the soil and groundwater in
the vicinity of the former cleaning and equipment areas
Monitoring and remediation of this contamination is continuing on an ongoing
basis. In a letter dated May 20, 1996 from Alton Geoscience, who conducted a
summary of the environmental activities on this site, it was stated that the
environmental conditions associated with the former dry cleaning establishment are
"highly unlikely to affect the soil and groundwater in the vicinity of the subject
site. "
Circulation/Traffic: ANeighborhood Traffic Study has been prepared for the Ciry
by DKS Associates for the area bounded by Pathfinder Road, Brea Canyon Road,
and Diamond Bar Boulevard and includes the subject site as part of the Country
Hill Towne Center. The purpose of this study was to assess the traffic
conditions in the study azea and develop a plan of action for improvements to
deter speeding and "cut -through" traffic in the neighborhood.
The relevant issue for this project is commercial truck traffic on Fountain Springs
Road, which bounds the northerly side of the Center and provides a secondary
entrance. The .Study found that there were a disproportionate number of
commercial vehicles leaving the Country Hills Town Center via the driveway
0
along Fountain Springs Road. The Study's action plan included the installation
of "No Commercial Trucks" signs at the east and west entrance of Fountain
Springs Road, and notification of the management of the Country Hills Towne
Center to require their commercial trucking companies use Pathfinder Road and
Diamond Bar Boulevard as their major routes for ingress and digress.
The "No Commercial Trucks" signs have been installed on Fountain Springs
Lane. Consistent with the Study's action plan a condition of approval has been
included prohibiting truck traffic associated with the restaurant from utilizing the
Fountain Springs Road driveway.
Cooking Odors: A letter was received from a resident north of the subject
property expressing concerns regarding the potential for odors generated by the
operation of the proposed restaurant. In response to these concerns, the project
applicant has provided information describing how the potential for odors will be
mitigated. According to the applicant, the pressure fryers, which are utilized to
cook approximately 80% of the chicken served are equipped with internal blow
down condensation tanks which remove all steam vapor, grease and fumes prior
to the pressure lid being released. The residue grease is held in the
condensations tank until such time as it is removed from the premises by a
grease recycling company. Further, stove hoods are equipped with grease
extractors that, according to the manufacturers description, capture 94% of all
airborne grease particulate. Additionally, the kitchen and cooking facilities will
be designed in compliance with all Uniform, Building, Plumbing and Fire Codes,
which will ensure adequate ventilation and exhaust and disposal systems. Staff
believes that these measures will adequately mitigate the cooking odors generated
by the restaurant and mitigate any effect on the surrounding residents.
Conclusion:
The applicant is proposing the construction of a Kentucky Fried Chicken fast
food restaurant with drive-thru service. The architecture of the restaurant, as
conditioned will be consistent with the design of the Center. Further, the site
will be upgraded with the addition of landscaping. The proposed restaurant as a
permitted use in a developed shopping center will not create significant impacts
to either the commercial or residential uses in the area..
The project as proposed is in compliance with the development standards of the
C-1 zone. Adequate parking will be provided and adequate access currently
exists to the site. Further, the restaurant will provide a convenient service for
area residents and customers and employees of the Country Hills Town Center.
7
ENVIRONMENTAL ASSESSMENT:
Pursuant to the terms of the California Environmental Quality Act (CEQA), the
City after concluding review of the initial study, has determined that a Negative
Declaration be prepared for this project.
PUBLIC NOTIFICATION
The application was advertised in the Inland Valley Daily Bulletin and San
Gabriel Valley Tribune on May 20, 1996 and all property owners (270) within a
500 foot radius were mailed notices of the public hearing on May 17, 1996.
MANDATORY FINDINGS OF FACT
1. That the proposed project is in substantial compliance with the General
Plan pursuant to the terms and provisions of Government Code Section
65360.
2. That the proposed project will not adversely affect the health or welfare of
persons residing or working in the surrounding area.
3. That the proposed project will not have an adverse impact on adjacent or
adjoining residential and commercial uses. It will not be materially
detrimental to the use, enjoyment, or valuation of property or other
persons located in the vicinity of the proposed project.
4. That the subject site for the proposed project is adequate in size and shape
to accommodate the proposed use.
5. That the proposed site is adequately served by Diamond Bar Boulevard
and Fountain Springs Road. It has good visibility, easy access and
adequate parking for the proposed use.
RECOMMENDATIONS:
The staff recommends that the Planning Commission approve Conditional Use
Permit 96-059 and Development Review 96-04 subject to the Conditions of
Approval contained within Planning Commission Resolutions 96-XX,
PREPARED BY:
Catherine Johnson, Senior Planner
0
ATTACHWNTS:
Application
Initial Study
Negative Declaration
Plans
Exhibit 1: Letter From Resident
Draft Resolution of Approval for Conditional Use Permit 96=059 Development
Review 96-04 and Negative Declaration 96-2.
�I DIAMitn= ,.(909)861-3117
Record Owner
Applicant Applicant's Agent
Md'1i 2k4CTY P4;r1AJRlij 1)/c.P S1t.Vq, G2d(� CDG 9T7�v. 13013 MMAZA14,.
Name (Last name rust) I (Last name fast)
(Last name first)
P.D.g
Address
3GSY' .vogt:t. 0,2, sutrE SGo 2s690 CRAcAtq vx poll)
cif SA/✓ 0/Edo, C4. Mo/Ll.vD uq.cc.y G9• Ati+&4e4e�ttt,
y G«J.
9
zip 92sts 7/
619 909 1JSS-7006 Phone( AV�76.3/oyt
MOW.' j N.fB- H2Z e Phone( )
NOTE: It is the applicant's responsbility ro notify the Community Developmrn[ Director in writing of any change of the
principals involved during the processing of this case.
(Attach separate sheet, if necessary, incl g names, addresses, and signatures of members of partnerships, joint ventures, and
directors of corporations411he
)
Consent: I ce fy tho r o the herein described property and permit the applicanttafife this request.
/t"AGrd(C- �(1GSigned (Aers) , a �. s 6ENeek- ?kv' NE—
Cerhficat on: I, the undersigned, hereby cent fy under penalty of perjury That the injarmation here n prov ded it correct to
the best of my knowledge.
Print Name C u% 13y vAdb Gg2es0.�l
(Applicant or Agent)
(./
Date 3'2 / ,
Signed /GT
(Applicant or Agent)
p 2GdC M O 75722 �vv wy sf.u5 7Dt✓Vc «'
Location 09ae<—
(Street address or tract and lot number)
G-]
PINM to Z /f33 %
Previous Cases
Present Use of Site U%fG9tiT t) t RT LOT /N SNop✓/ ✓G GSM �Q
Use applied for
Cov3—�Ltr-Tio.11 o r- Ate✓ 69 i /✓ /D,LVE � r/'Gv
kANrvct� Pa, �,� c/�ty�rF v /l�s,-9 t/2,¢,✓i
/� � Pro ect densit 'V''9'
Project Size (gross acres) �. # '� d y'
G,ge.yu; vofLLEy
Domestic Water Source IW !TrJYG TOPRD CompanylDistrict
.Wg7ttR Jl5�21eT
Method of Sewage disposal �oUAoIY sALWAASanitation District 9 C&O47Y
Grading of Lots by Applicant? Yea No iC
(Show necessary grading design on site plan or tent map)
CONDITIONAL USE PERMIT BURDEN OF PROOF
In addition to the inf°'m'hon required in the application, the applicant shall substantiate to the satisfaction of the
Planning Commission, -the following facts: '
A, That the requested use at the location proposed will not:
I, Adversely affect the health, peace, comfort or welfare of.persona residing or working in
the surrounding area, or
2, Be materially detrimental to the use, enjoyment or valuation of property of other persons
located in the vicinity of the site, or
3, Jeopardize, endanger or otherwise constitute a menace to the public health, safety or
general welfare. S ATE (S
-Tlit: %,Qp/e6Gp VSE 0� TNrS rt3r USiS,
7 1; a C r Grn/4L c V / a d v�� Fat gu i'9,r,
KFt 15 A %'9r'71c� sN6g2 4�/•-9u v7� �9 s w �G As
B f m F e..vet.rrJ' 7V r yt
M rsYfi.GS G P mTNG VSr ✓ls� 6S G✓ rreF� v
B, That the proposed site is adequate in size and sbape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features prescribed is this Title
22, or as is otherwise required in order to integrate said use with the uses in the surrounding area.
' TNE- ,i/LoQOSr.J Sr7t /S L}�E�v9-T2 /�l+ SrzG�s� EE
rp gc�ein a DiYn 7"NL �m ✓i 2 t.J g2,t..a• G
TYJ�rsl ?ter M6viiC 9r�'O �a 9+�/�'L q���iTi.ES.
C. That the proposed site is adequately served
I By highways or streets of sufficient width and improved as necessary to carry the hind
and quantity of traffic such use would generate, and
2, By other public or private service facilities as are required.
�.ro0osc� srT_< /s SIAII V sD` aog� ��
l3Wc�. 7 a 7riE 4 4$T 9 r✓O FGu '
r.Yb All 2Ty V II` of or m rtrG r! 9.trt /!'p 8c4 N4Tt '� S•td VlGt
7' .i A 41 Y1II5 OF F2 y,✓d 'Tyrt sMp r�L Gd.�TSK .
LEGAL DESCRIPTION (all ownership comprising the proposed lots)/parcel(s)
/ 4te/ ca !S• OF �42e�44 �W i° ties /a'72Z / v 7WJ c �* yy or
su'"&*oO -DoA�z Ck 2y7� OA6d5 28.31 INccustvt{ eF ?*ge'J , .hy¢Pg
OFFiG! OF Gov�1Y �sico•GOd2 aF G.9• �'ovu7y, '
Area devoted to structures 2`%72 .landscaping/Open space 1 e c•"ha
Residential Project: 1'4 and
(gross area) (No, of lots)
Proposed density 41 �•
(Units/Acres)
Pad3ng Required Provided
Standard y3 20
Compact p
Handicapped :z 2
Total
2Z 6M KK SeT.0 m vcyr }-
s�rqrzAD 144i /6 /v CdAv7up,•
CITY Off' DIAMOND BAR DEPARTMENT FPL t< 6'.O/ 6
COMMUNITY DEVELOPMENT Deposit S o
le Drive Suite 190 Receipts/ [� 70 Z
21660 E. Cop Y g61-3117 hl`
(909)396-5676 Fax (909) eer!•p6
* _ DEVELOPMENT REVIEW APPLICATION DateRd
Applicant's Agent
Applicant ✓y ! plUr.
Record Owner C IDG ATi N. 6013
ry 1� 4 Z�E/LS I I C . t' S I L v K) GQ iCe (Last name first)
Name m � H r�K 2- (Last name first)
(Last name first) G E P. 0. lJO X
�gt3�or2.svi7d S6o 2869b DR�4 (
Address 36.r"S Nq /TKIM �'
yr7o2r_r✓0 �9tt 'Y C'
SAn7 rJr�Go C^9• '7
city 9y, a rf
zip g2i2z Phone(7rs)
phone((Pn S/S8•- �l228
Phone(9dD �$' 7a o 8 FAX a 76 f !
]icant's responsibility to notify the Commu°tty Development Director in writing of any change of the
NOTE: It is the app of this case,
principals involved during the PtOC �g and directors
- addresses, and signature of members of partnerstups, loin[ ventures'
(Attach a sepa
rate sheet, if necessarY' inclu ' names,
of corporations*) permit the applicant to file this request.
the herein described property and p
Consent: I ce fy that m the wne of C7D ate
�1� of or
�) i
Signed (All n ers) o CgEN C� t_
Certification: I, the undersigned,
hereby certify under penalty of perjury that the information herein provided is correct
to the best of my knowledge.
C �y gAVr Crg2L3oA/
Print Name
(Applicant or Agwt� z �
n /ri f%yr� i Date • / C
Signed ' �r�/�A l�
(Applicant or Agent)
r� cr s0A2uc, m�YP /�7L2
GOvivT/LY /-/r�r-S �G✓rv�c G~;•✓rt.Z
Location P>2L�
(Street address or tract and lot number) HNM ) Z � 313
C-1 [
Zoning
Previous Cases �n/-sh`O���NG Gi N77iAZ
V'AG,4,vt DlQr
Present Use of Site r r / v /1:)114 (Triyv K; ✓rt/�=�
Gon/5T/Lvr��OnJ a" 9"N ,�
—9J /fitLS
Use applied for /S o ''?oo ee v✓7-2Y
r2r rJ cH«I.iv
7'o c,,,✓r, crc,vr�Iz .
PyCCaL /j G f2e'E/_4 MvyQ A/p, /
N7 49GAS5 2?- 3 / /vCG.(/S(Uc or �
9 Lc� c hh
Area devoted to structures 2�72
Landscaping/Open space 22 r o26 H
Project Size 24 , l9$ 0 e
Lot Coverage /
7C------- Proposed density.
Style of Architecture SC a '4'r7m�qcJ/_4) o29Gv�.v ([?nits/Acres)
Number of Floors Proposed /
Slope of Roof 606
Grading Vey
If Yes, Quantity
cut �! 9
Fill
Import v g ' If Quantity , esty
Y 2
Export v If Quantity ty
—_ . y. � •
kL P a LIAIWO171 1 I
I. Background
2. Address and Phone Number of Proponent:
3655 Nobel Drive Suite 560
San Diego, CA 92122
3. Name, Address and Phone of Project Contact:
CDC Bob Merriam
P.O. Box 819
Anaheim CA 92805 (714) 776- 3104
4. .Date of Environmental Information Submittal:
5. Date of Environmental Checklist Submittal:
6. Lead Agency (Agency Required Checklist):
7. Name of Proposal if applicable (Tract No. if Subdivision):
8. Related Applications (under the authority of this environmental
determination):
CUP Modification Development Review Application
goo
1 11 • 1 II 11 Y
(Explanations and additional information to supplement all "yes "and 'possibly"answers are
required to be submitted on attached sheets)
YES NO POSSIBLY
1. Earth. Will the proposal result in:
a. Unstable earth conditions or changes in geologic
substructures?
b. Disruptions, displacements, compaction or
overcovering of the soil?
_X_ c. Change in topography or ground surface
relief features?
d. The destruction, covering or modification
of any unique geologic or physical feature?
e. Any increase in wind or water erosion of
soils, either on or off the site?
f. Changes in deposition, erosion of stream
banks or land adjacent to standing water;
changes in siltation, deposition or other
processes which may modify the channel of
constant or intermittently flowing water as
well as the areas surrounding permanent or
intermittent standing water?
_X_ g. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar
hazards?
2. Air. Will the proposal result in:
a. Substantial air emissions or deterioration
of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture, or
temperature, or any changes in climate,
either locally or regionally?
3.. Water.. Will the proposal result in:
a. Changes in currents or the course or
direction of water movements?
_X_ b Changes in absorption rates, drainage
patterns, or the rate and amount of surface
run-off?
_X c. Alterations of the course or flow of flood
waters?
d. Changes in the amount of surface water in
any body of water?
e. Discharge into surface waters, or in any
alteration of surface water quality
including but not limited to dissolved
oxygen and turbidity?
f. Alteration of the direction or rate of flow
of ground waters?
YES NO POSSIBLY
_X_
_X_
X
X
X
X
_X_
X
X
X
_X_
X
X
X
X
g. Change in the quantity of ground waters,
either through direct additions or
withdrawals, or through interception of an
aquifer by cute or excavations?
h. Substantial reduction in the amount of
water otherwise available for public water
supplies?
i. Exposure of people or property to water
related hazards such as flooding?
4. Plant Lifes Will the proposal result in:
a. Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants)?
b. Reduction in the numbers of any unique rare
of endangered species of plants?
c. Reduction in the size of sensitive habitat
areas or plant communities which are
recognized as sensitive?
d. Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species?
e. Reduction in acreage of any agricultural
crop?
5. Animal Life. Will the proposal result ins
a. Change. in the diversity of species, or
number of any species of animals (birds,
land'animals including reptiles, fish, and
shellfish, benthic organisms and insects)?
b. Reduction in the numbers of nay unique rare
or endangered species of animals?
c. Introduction of new species of animals into
an area, or in a barrier to the normal
migration or movement of resident species?
d. Reduction in size or deterioration in
quality of existing fish or wildlife
habitat?
6. Noise. Will the proposal result ins
a. Significant increases in existing noise
levels?
b. Exposure of people to severe noise levels?
?. Light aad 61ara. Will the proposal result in:
a. Significant new light and glare or
contribute significantly to existing levels
of light and glare?
g. Land Uses Will the proposal result in:
a. A substantial alteration of the present or
planned land use in an area?
YES NO POSSIBLY
9. Natural Resources. Will the proposal result in:
—X_ a. An increase in the rate of use of any
natural resources?
10. Risk of Upset. Will the proposal result in:
—X_ a. A risk of an explosion or the release of
hazardous substances (including but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset condition?
—X_ b. Probable interference with an, emergency
response plan or an emergency evacuation
plan?
11. Population. Will the proposals
a. Alter the location, distribution, density,
or growth rate of the human population of
an area?
12. Housing. Will the proposal affect:
a. Existing housing, or create a demand for
additional housing?
13. Transportation/Circulation. Will the proposal
result in:
—X— a. Generation of Substantial additional
vehicular movement?
—X_ b. Effects on existing parking facilities or
demand for new parking?
—X_ c. Substantial impact on existing
transportation systems?
—X_ d. Alterations to present patterns of
circulation or movement of people and
goods.
—X_ e. Alterations to waterborne, rail or air
traffic?
—X— f. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
14. Public Services. Will the proposal:
a. Have an effect upon, or result in the need
for new or altered governmental services in
any of the following areas:
—X_ 1. Fire Protection?
_X— 2. Police Protection?
—X_ 3. Schools?
—X_ 4. Parke or other recreational
facilities?
—X— 5. Maintenance of public facilities,
including roads?
—X_ 6. Other governmental services?
YES NO POSSIBLY
X
X
X
X
X
R1
X
X
_X_
_X_
15. Energy. Will the proposal result in:
a. Use of substantial amounts- of fuel or
energy?
b. Substantial increase in demand upon
existing energy sources or require the
development of new sources of energy?
16. Utilities. Will the proposal result ins
a. A need for new systems, or Substantial
alterations to public utilities?
17. Human Health. Will the proposal result in:
a. - Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health
hazards?
18. Aesthetics. Will the proposal result ins
a. The obstruction of any scenic vista or view
open to the public, or will the proposal
result in the creation of an aesthetically
offensive site open to the public view?
19. Recreation. Will the proposal result in:
a. An impact upon the quality or quantity of
existing recreational opportunities?
20. Cultural Resources. Will the proposal result in:
a. The alteration of or the destruction of a
prehistoric or historic archaeological
site?
b. Adverse physical or aesthetic effects to a
prehistoric or historic building, structure
or object?
c. A physical change which would affect unique
ethnic cultural values?
d. Restrictions on existing religious or
sacred uses within the potential impact
area.
21. Mandatory Findings of Significance?
a. Does the proposed project have the
potential to degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self sustaining levels, threaten to
eliminate or significantly reduce a plant
or animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
YES NO POSSIBLY
—X_ b. Doe9 the proposed project have the
potential to achieve short-term, to the
disadvantage of long-term, environmental
goals?
—X_ c. Does the proposed project pose impacts
which are individually limited but
cumulatively considerable?
—X— d. Does the project pose environmental effects
which will cause substantial adverse
effects on human beings, either directly or
indirectly?
III. DISCUSSION OF ENVIRONMENTAL EVALUATIONS
(Attach Narrative)
IV. DETERMINATIONS
On the basis of this initial evaluations
I find that the proposed project COULD NOT have a
significant effect on the environment, and a
\ NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a
significant effect on the environment, there will
not be a significant effect in this case because
the mitigation measures described on the attached
sheet have been incorporated into the proposed
project. A MITIGATED NEGATIVE DECLARATION WILL BE
PREPARED.
I find that the proposed project MAY have a significant
effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is requ
i
red.
Date: �o Ab l� Signature: "/, �� ��✓�✓
Title: J E )ionl /�c_Axin�G /
For the City of Diamond Bar, Cal forma
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
ENVII20NMENTAL IlVIPAC10
I. Earth
a. Extensive grading or excavation will not be necessary for this
project because the proposed fast food restaurant will be located on
a preliminary graded pad within a developed shopping center. It is
therefore not anticipated that the proposed project will result in any
unstable earth conditions or changes in geologic substructures.
b. Soil disruptions, displacements, compaction and overcovering of
the soil will occur with normal grading activities normally
associated with the development of a vacant site; however, such
activities are designed to make the site suitable for development as
shown as shown on the submitted site plan. Because preliminary
grading has already been done on the site, grading activities will be
minimal.
c. There will be a very minimal change in the topography of the
proposed site, because it has already undergone rough grading and
has generally been leveled.
d. The site is flat and no unique or significant geologic or physical
features exist.
e. The construction or operation of the restaurant will not result in
an increase in wind or water erosion either on or offset because the
project site and the surrounding area is developed with all curbs,
gutters and storm drains in place.
f. The proposed restaurant is not located within the vicinity of any
river or stream.
g. No hazards from landslides, mudslides or ground failure exist
within the immediate area. However, the City is located within a
seismically active portion of Southern California. The potential for
a significant hazard from an earthquake will be mitigated through
the application of all State applied construction codes pertinent to
earthquake safety for this project.
2. Air
a. The City of Diamond Bar is located within the South Coast Air
Basin which suffers from the worst air quality in the nation. The
primary pollutants of concern are generated by vehicular exhaust.
Further, according to the General Plan, local topography, climate,
wind and air movement patterns tend to concentrate air pollutants
along the freeway corridors in the City. Traffic generated by the
proposed project will incrementally add to the vehicle emissions and
therefore the pollution within this area. However the project is not
of a scale where this could be considered significant.
b. The proposed restaurant will involve food preparation. The
kitchen and cooking facilities will be designed in compliance with
the Uniform Building and Fire Codes, which will require adequate
ventilation and exhaust systems, which will mitigate any potential
objectionable odors. Further, according to the applicant, the
pressure fryers which are utilized to cook approximately 80% of the
chicken served are equipped with internal blow down condensation
tanks which remove all steam vapor, grease and fumes prior to the
pressure lid being released. This residue is held in the
condensations tank until such time as it is removed from the
premises by a grease recycling company. Further hood are
equipped with Flame Guard, Inc. grease extractors which capture
94% of all airborne grease particulates, and are U.L. approved. It
appears from this information that cooking odors emanating from
this restaurant will be minimal.
Further the project has been conditioned to require approval by the
L.A. County Health Department. which requires that all cooking
and food preparation area be kept clean and sanitary, which will
prevent objectionable odors. Trash will be placed in covered,
enclosed trash containers and placed in a trash enclosure.
c. The project is not of a scale which could significantly affect air
movement, moisture or temperature, even on a local basis. No
major change in climate is anticipated locally or regionally.
3. Water
a. Development of the proposed project will not result in any
adverse environmental effects on any marine or fresh waters
because none exist within the area.
b. The increase in the amount of paved area, and area enclosed by
structures will reduce the absorption area available. Roof drainage
and pavement design will also function to focalize run-off elements.
However, this site is part of a developed commercial shopping
`a
4. Plant Life
center which has the majority of its paving, parking area and
drainage facilities in place. Further, because of the small scope of
this project, this will occur to an insignificant level.
c. The proposed restaurant will not alter the course or flow of
flood waters. According to the City's General Plan Master
Environmental Assessment, all flood water and surface runoff from
developments along Diamond Bar Blvd., south of Grand Ave. is
collected by the Brea Canyon Channel and conveyed to the
southwest towards Orange County.
d. The proposed restaurant may slightly increase the amount of
surface runoff at the shopping center site. However, this is not
anticipated to be in an amount that could change the amount of
surface water of any body of water.
e. Turbidity may increase slightly temporarily during construction,
and runoff will generally contain decreased amounts of pollutants
such as pesticides, rubber and road tire residue, fuel and oil
compounds and particles. There will also be an increase in
turbidity from the rinse water from the cars which will also contain
these pollutants. Prior to issuance of any building or plumbing
permits the applicant is required to obtain an industrial waste permit
from the Los Angeles County Department of Public Works,
Environmental Programs Division.
f. The construction of a 2,472 square restaurant in an area that was
previously vacant land will slightly increase the impermeable
surfaces on the site and decrease the area available for the natural
percolation of surface water which recharges groundwater.
However, this increase is so slight that it is considered insignificant.
g. See item l.f above.
h. The proposed project will not have a significant adverse effect
on the availability of public water supplies locally.
i. The volume of stormwater runoff involved with this project, with
or without the restaurant will not expose people or properties
to hazards from flooding.
a. The proposed restaurant wash is located on a cleared grade, site
in an existing shopping center. The entire shopping center has
been previously cleared, graded and paved and therefore any native
3
plant species have long ago been removed from this site. The
project will be plant with landscaping the is compatible with the
existing on -site planting. Development of the proposed project will
not have an impact on the diversity or number of plant species on
the site.
b. The site is developed, the only species of plants on the site are
those that were installed as part of the shopping center site
landscaping.
c. See items 4.a & b above.
d.New species of plants may be introduced into the project site as
new landscaping is added into the project site with the addition of
new landscaping areas. The City requires that all new and
rehabilitated landscaping undertaken in conjunction with the
development of a project be consistent with adopted Water Efficient
Landscape Regulations,
e. The project site is developed and is surrounded by streets and a
commercial center. There will be no reduction in the acreage of
any agricultural crop.
5. Animal Life
a. The proposed restaurant can be considered an infill project in
that the site has already been impacted by human activities, which
lowers the potential for support of any kind of wildlife or wildlife
habitat. Therefore the number of animals on the site has already
been significantly reduced or eliminated from what existed on the
site when it was in its natural state. The addition of the proposed
restaurant station will not change the diversity of species or
numbers of any species of animals.
& d. See item S.a above.
6. Noise
a,b. Generally, traffic noise will increase very slightly in this area
as a result of project development. However, because this is an
existing shopping center there is already a certain level of noise and
activity that will not be unduly impacted by the addition of a drive.
thru restaurant. Construction activities will result in temporary noise
impacts. However, in an area that is urbanized this level of noise
0
7. Light and Glare
8. Land Use
a. The . site will be lighted with two existing lot lights and one new
one new' lot light which will be placed within a planter adjacent to
the sites entrance. The restaurant will have glass window and doors
which will add which are reflective surfaces, which may create a
minimal amount of additional light and glare on the sight.
However, these minor increases are not sufficient to have a
significant impact on the overall light and glare on this site.
a. The proposed development is consistent with the General
Commercial General Plan land use designation for the site and
therefore will not result in a substantial alteration of the present or
planned land use of the area. Further, tfie restaurant is being
constructed in an existing shopping center on a building pad that
has been reserved for commercial development.
9. Natural Resources
a. The rate of use of natural resources increases incrementally for
building materials, water and energy requirements but is not
anticipated to have the potential to reach significant levels.
10. Risk of Upset
a. Chevron operated a service station on the property to the north
of the project site between 1967 and 1976. Gasoline was stored in
three underground storage tanks along with a waste oil tank. In
1976 the station was closed and the storage tanks were removed.
The service station building was subsequently occupied by a real
estate company and was demolished in 1988. The existing building
was constructed in 1990 over a portion of the former service
station. It was discovered that there was a release of fuel into the
subsurface at the Chevron site, and residual soil contamination at
the former tank and dispenser areas and groundwater contamination
at the property caused by leaks from tanks and piping. It was
subsequently found that fuel hydrocarbons had migrated from the
Chevron site to the project site.
In August of 1990, a soil vapor and groundwater extraction
remediation system was installed on the site. According to Ym
Tuan project manager for Chevron, the soil vapor extraction was
successfully completed in February of this year.
5
The monitoring and remediation of the groundwater is continuing
through a total of eight monitoring wells located . on the Chervorn
site and and a total of eight wells located in the Center's parking
lot west of the subject site and adjacent to Diamond Bar Blvd. and
through the regular extraction of contaminated groundwater.
This issue is being adequately addressed by the on -going monitoring
of this site and there appear to be no significant impact to the
subject site at this time. A condition of approval has been applied
to the this project requiring that prior to the issuance of building
permits, the applicant shall provide a soils test report to indicate if
the existing soil is clear of any contaminant for the uphill property.
There was an additional concern regarding a dry cleaning
establishment which operated within the shopping center from 1966
to 1994 approximately 700 feet to the west of the subject site.
Contamination from the chemicals used in the dry cleaning process
was found on this site and within the soil and groundwater in the
vicinity of the former dry cleaning and equipment area.
Monitoring and remediation of this contamination is continuing on
an ongoing basis. In a letter date, May 209 1996 from Alton
Geoscience, who conducted a summary of the environmental
activities on this site, it was stated that the environmental conditions
associated with the former dry cleaning establishment are "are
highly unlikely to affect soul and groundwater in the vicinity of the
subject site.
b. According to the General Plan, the City has recently developed
a response plan for major emergencies. Minimum road widths and
clearances around structures as related to emergency access and fire
prevention are specified in the City Codes. Further, emergency
evacuation routes are identified in the City's Multi -Hazard
Functional Plan, with the SR57 and SR60 Freeways identified as
the major routes and major surface streets as additional routes. The
proposed car wash is not of a scale that would interfere with ny
emergency response plan or impact evacuation routes. Additionally,
the project has been reviewed by the Building and Safety Division
to insure adequate clearances around structures and adequate width
for emergency vehicles.
11. Population
a.The proposed project has been reviewed and has been determined
to be consistent with the General Plan. The General Plan has
0
12. Housing
projected population growth in the Planning Area based upon the
distribution of land uses. Therefore, the potential for a significant
adverse effect on the environment due to impacts on population is
not expected.
a. The proposed restaurant wash will not effect existing housing or
create a significant demand for additional housing within the
community. The Housing Element of the General Plan has assessed
and projects the current and future housing needs within the City
and has applied General Plan and zoning designations to the City to
correspond with these needs and create a pattern of development
which provides a range of housing types for all segments of the
community.
13. Transportation/Circulation
a. The proposed restaurant will generate additional vehicular
movement. However, this additional movement will be
accommodated by the additional parking spaces, on the restaurant
site and access aisles that are integrated with the existing parking
lot circulation to insure that the additional traffic will not conflict
with existing patterns of traffic at the Center.
Additionally, the restaurant is being is being ,proposed in a
developed commercial center on an existing lot that was anticipated
to be utilized for this type of land use.
b. The applicant is proposing to provide 22 parking spaces on site,
in addition to the parking spaces that are already existing within the
center. In compliance with Code Section 22.52.110 parking for
restaurants is based on occupancy with one parking space required
for each three persons. The occupant load for the proposed use is
74.24, which means that 25 spaces would be required. The
applicant has proposed 22 parking spaces (including two spaces for
the handicapped) resulting in a shortfall of three spaces. However,
there are currently 1,019 parking spaces within the shopping center
parking lots. In 1987 a Parking Permit was approved for this site
along with the approval of a revision to the original CUP in
conjunction with the expansion of the Center, which included the
addition of the nineplex Krikorian theater and expanded commercial
and restaurant uses. A parking study was required, which
evaluated the proposed parking needs for the center based upon a
shared parking concept.
The parking study concluded. that that at most 918 parking spaces
would be required at the Centers peak of activity. Since the time
of this study, the most significant change to the Center has been
the expansion of the building which now contains the Auto Club.
This approval for this project found that at the time of this
approval, (May 1995) 987 parking spaces would be required for the
Center. It can therefore be concluded that even though the
proposed restaurant is technically short three spaces, this shortfall
can easily be accommodated by the existing parking on the site.
c. There will be no substantial impact on existing transportation
systems because the proposed restaurant is being constructed in an
existing commercial center that is in an area where all roadway
improvements have been installed. Additionally, the proposed
restaurant will not generate traffic in an amount which could have a
substantial impact on existing transportation systems.
d. The patterns of circulation have been established within the City,
which is predominantly built out. A project of this limited scope
will not have an impact these patterns. Further, all development
projects within the City are reviewed for compliance with the
Circulation Element of the General Plan and any need additional
dedications or improvement are required at the time of
development.
14. Public Services
a. The proposed restaurant has been conditioned to be reviewed by
the Fire District to insure that adequate fire now and fire hydrants
are available or will be provided to the site. All new construction
is reviewed for compliance with the current Uniform Fire Code,
and fire extinguishers and sprinklers and other fire suppression,
security. or access equipment improvements are required where
necessary.
b. It is not anticipated that the proposed restaurant will generate the
need for any additional police services because it is of such a small
scale.
c. The Building and Safety Division ensures that schools fees,
which are based upon the square footage of commercial or
residential development have been paid prior to the issuance of
building permits.
e
15. Energy
16. Utilities
d. The proposed restaurant will not generate a need for any
additional parks or other recreational facilities.
e. The proposed restaurant will not require the addition of any new
roadways and there will be no significant impact on the
maintenance of any public improvements.
f. Impacts to public services will be mitigated through the
assessment of fees for police and fire, parks, libraries, schools and
other public services. Taxes will mitigate potential adverse impacts
over the long term.
a.,b. The proposed restaurant is not of a scale that would require
substantial amounts of fuel or energy.
a.b.,c.,d. Installation of all utilities is required as a
condition of project development.
e. The proposed project will be integrated with the existing site and
drainage system already in place on the site.
f. The proposed restaurant site will be provided with a trash
enclosure on the site, which will be accessible for truck loading.
FM
a. The implementation of this project is not expected to create or
expose people to potential health hazards. The site improvements
and conditions that have been described in the previous items are
designed to limit impacts to an acceptable level of non -significance
or totally mitigate potential impacts.
18. Aesthetics
a. The Kentucky Fried Chicken restaurant will be designed in the
typical KFC prototype style and as conditioned will be compatible
with the architecture of the Center.
19. Recreation
a. The project will not have an impact on the quality or quantity
of recreational opportunities within the City.
0
20. Cultural Resources
a.,b.,c.,d. The proposed project will not impacts any cultural
resources within the community.
to
MITIGATED NEGATIVE DECLARATION NO. 96-2
Case No.: Conditional Use Permit No. 96 OS and Development Review
No. 96-04
Applicant: Bob Merriam, Carlson Design and Construction Company
2301 E. Winston Road
Anaheim, CA 92805
Proposal: A request for a 2,472 square foot Kentucky Fried Chicken
Restaurant within the Country Hill Towne Center.
Location: 2757 Diamond Bar Boulevard
Environmental
Findings: The proposed project, as determined by the City of
Diamond Bar, could have a significant effect on the
environment. However, there will not be a significant effect
in this case because the mitigation measures described herein
have been incorporated into the proposed project and a
mitigated negative declaration has been prepared.
Discussion of Environmental Evaluation and Mitigation Measures
Earth:
g. Exposure of people or property to geologic hazards, such as
earthquakes, landslides, mudslides, ground failure or similar hazards.
Explanation:
The City is located within a seismically active portion of Southern California.
Mitigation:
The potential for a significant hazard from an earthquake will be mitigated
through the application of all state applied construction codes pertinent to
1
Risk of Upset:
a. A risk of an, explosion or the release of hazardous substances
(including but not limited to, oil pesticides, chemicals or radiation) in
the event of an accident or upset condition?
Explanation
There was found to be contamination within the groundwater on the site from the
fuel residue from a previous service station fuel tank located to the north of the
site.
Mitigation:
A conditions of approval has been included which requires that the applicant
provide a soils report showing the existing soil is clear of any contaminant from
the uphill property (2707) Diamond Bar Boulevard) Any necessary remediation
shall be conducted at the property owner's expense as required by the Planning
Division. Groundwater monitoring and extraction remediation shall continue.
Quarterly reports shall be submitted to the until the Water Quality Control Board
determines and subject to City approval that the site and groundwater is free
from contamination.
2
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PLANNING COMMISSION ;✓
RESOLUTION NO. 96-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT NO. 96-5, DEVELOPMENT REVIEW NO. 96-3
AND MITIGATED NEGATIVE DECLARATION NO. 96-2, A
REQUEST TO CONSTRUCT A 2,472 SQUARE FOOT
RENTUCRY FRIED CHICKEN RESTAURANT WITH A
DRIVE-THRU SERVICE WITHIN THE COUNTRY HILLS
TOWNS CENTER AT 2757 SOUTH DIAMOND BAR BLVD.
(PARCEL MAP NO. 18722p LOT 15)v DIAMOND BARD
CALIFORNIA.
A. RECITALS.
1. The Applicant's agent, Bob Merriam, Carlson Design and
Construction Company, 2301 Winston Road, Anaheim, California,
91502, has filed an application for Conditional Use Permit No.
96-5 and Development Review No. 96-4 as described above in the
title of this Resolution. Hereinafter in this Resolution, the
subject Conditional Use Permit and Development Review shall be
referred to as the "Application".
2. On April 18, 1989, the City of Diamond Bar was established as
a duly organized municipal corporation of the State of
California. Thereafter, the City Council of the City of
Diamond Bar adopted its Ordinance No. 14 (1990), thereby
adopting the Los Angeles County Code as the ordinances of the
City of Diamond Bar. Title 21 and 22 of the Los Angeles County
Code contain the Development Code of the County of Los Angeles
now currently applicable to development applications,
including the subject.Application, within the City of Diamond
Bar.
3. Action was taken on the subject application as to the
consistency with the General Plan. It has been determined
that the proposed project is consistent with the General Plan.
4. The Planning Commission of the City of Diamond Bar on June 10,
1996 conducted a duly noticed public hearing on the Appli- .
cation.
5. Notification of the public hearing for this project has been
made in the San Gabriel Valley Tribune and Inland Valley Daily
Bulletin newspapers on May 20, 1996. Two -hundred and seventy
(270) property owners within a 500 foot radius of the project
site were notified by mail on May 19, 1996.
3
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
Planning Commission of the City of Diamond Bar as follows:9�
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
The Planning Commission hereby determines that Mitigated
Negative Declaration No. 96-2 has been prepared and
presented for the review and approval by this Commission
in compliance with the California Environmental Quality
Act of 1970, as amended, and the Guidelines promulgated
thereunder, pursuant to Article 6 of Division 13 of Title
14 of the California Code of Regulations.
3. 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 project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life 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.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a vacant parcel, approx-
imately .56 acres within a retail shopping center
identified as Country Hills Towne Center at 2757
South Diamond Bar Boulevard. The project site is
zoned Restricted Business (C-1). It has a General
Plan land use designation of General Commercial(C).
(b) Generally, the following zones and use surround the
project site: to the north is the Single Family
Residential -Minimum Lot Size 7,500 Square Feet (R-l-
7,500) Zone; to the west is the R-1-7,500 Zone and a
flood control channel; to the south is the
Residential Planned Development -Minimum Lot Size One
Acre-15 Units Per Acre (RPD-1-15U); and to the east
is the Single Family Residential -Minimum Lots Size-
20,000 Square Feet (R-1-20,000) Zone.
(c) The proposed project is a request to construction a
2,472 square foot Kentucky Fried Chicken Restaurant
with drive-thru service.
(d) The proposed project will not:
(1) Adversely affect the health, peace, comfort or
welfare of persons residing in the surrounding
2
area; or
(2) Be materially detrimental to the use, a ent
or valuation of property of other personsvw 'f
,j
located in the vicinity of the site; or,ZN
(3) Jeopardize, endanger or otherwise constitute
menace to public health, safety or general a,
welfare; and
(e). The proposed site is adequate in size and shape to
accommodate the yards, walls, parking facilities,
landscaping and other development features pre-
scribed in this approval.
(f) The project site is adequately served:
(1) By highways or streets of sufficient width and
improved as necessary to carry the kind and
quantity of traffic such use would generate;
and
(2) By other public or private service facilities
as are required.
(g) The proposed project is in compliance with
Development Review Ordinance No. 5 (1990).
(h) The design and layout of the proposed project will
not be materially detrimental to the use, enjoyment
of neighboring existing or future development, and
will"not create traffic or pedestrians hazards.
(i) The architectural design of this project is
compatible with the character of the surrounding
neighborhood and will maintain the harmonious,
orderly and attractive development contemplated by
Chapter 22.72 of Development Review Ordinance No. 5
(1990).
(j) The design of this project will provide a desirable
environment for its occupants and visiting public as
well as its neighbors through good aesthetic use of
materials, texture and color that will remain
aesthetically appealing and will retain a reasonably
adequate level of maintenance.
5. Based on the findings and conclusions set forth above,
the Planning Commission hereby approves the Application
subject to the following conditions:
(a) The project shall substantially conform to plans
collectively labeled as Exhibit "A" dated June 10,
1996, as submitted and approved by the Planning
Commission.
(b) 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 granted 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 tag•.
City to provide collection, transportation, and ar.
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
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(c) Prior to issuance of any City permits, the applicant
must contact the Los Angeles County Department of
Public Works, Environmental Programs Division,
Industrial Waste Clearance to determine if an
industrial waste permit is required. Contact David
Esfendi at (818) 458-3510 for further information.
(d) Prior to the issuance of any City Permits, the
applicant shall contact the Los Angeles County Fire
Department to insure compliance with all fire codes.
Contact Carl Linzer at (99) 620-2216 for further
information.
(e) 'No commercial delivery trucks shall utilize the
Fountain Springs Road or Cold Springs Lane driveways
for either ingress or egress from the site, but
shall instead utilize Pathfinder Road and Diamond
Bar Boulevard as the major ingress and egress routes
to the center.
(f) The applicant shall work with the owners of the
Center and the Planning Division to modify the
colors of the proposed Kentucky Fried Chicken
Restaurant to ensure compatibility with the existing
buildings at the Center.
(g) Within 30 days of this grant's approval, the
applicant shall submit revised landscape/irrigation
plans which delineates the following: a two foot
wide foundation planter along the entire length of
the restaurant building's frontage; a minimum of two
tree wells adjacent to the parking spaces on the
northerly side of the restaurant site; the deletion
of the proposed Melaleuca Neosophila (Pine
Melaleuca) tree, determined, by the Los Angeles
County Fire Department, as unsafe in fire hazard
areas; and another tree species replacement. The
revised landscape/irrigation plans shall be reviewed
and approved by the Planning Division before the
issuance of any City permits.
(h) The Center's pedestrian walkway, which terminates at
the project site's main entrance, shall be extended
across the width of the driveway entrance, utilizing
the same materials for construction._ The planter on
north side of the driveway shall be replaced with
the extended walkway which will connect with the
sidewalk at the front of the building. Within 30
days of this grants approval, plans reflecting this'-',
revision shall be submitted for review and approval
by the City before the issuance of any City permits.
(i) The hours of operation for the restaurant shall be
10*00 a.m. to 11*00 p.m., seven days a week.
(j) All signs shall be approved by separate permit.
(k) The applicant shall comply with all State, C-1 Zone,
Public Works Department and Building and Safety
Division requirements.
(1) This grant is valid for two years and shall be
exercised (i.e. construction started) within that
period or this grant shall expire. A one year
extension may be requested in writing and submitted
to the City 30 days prior to the expiration date.
(m) This grant shall not be effective for any purpose
until a duly authorized representative of the
applicant and/or owner of the property.involved has
filed, at the office of Diamond Bar Community
Development Department, the Affidavit of Acceptance
stating that the applicant/owner is aware of and
accepts all the conditions of this permit.
(n) Notwithstanding any previous subsection of this
resolution, if the Department of Fish and Game
requires payment of a fee pursuant to Section 711.4
of the Fish and Game Code, payment therefore shall
be made by the Applicant prior to the issuance of
any building permit or any other entitlement.
Building & Safety
(o) The submitted plans shall meet all B-occupancy
requirements.
(p) Plans shall conform to State and local building
codes (i.e. 1994 editions of the Uniform Building
Code, Plumbing Code, Mechanical Code, and 1993
edition of the National Electrical Code) as well as
the State. Energy Code.
(q) Plans shall be engineered to meet wind loads of 80
mph with an exposure "C":
(r) Plans shall be submitted to Los Angeles County
Health Department for approval.
(s) The existing restrooms designated for the men and
women, as well as for employees, shall meet current
handicapped requirements.
7
Public Works
(t) The restroom access doors shall be
with symbols.
(u)
clearl
y
Ramps shall comply.to new State Handicapped
Accessibility Regulations.
(V) The applicant shall delineate the height of parking
lot lighting on a revised plan for review and
approval by the City before the issuance of any City
permits.
(w) The applicant shall provide a soils report showing
that the existing soil is clear of any contaminant
from the uphill property (2707 S. Diamond Bar
Boulevard). Any necessary remediation shall be
conducted at this property owner's expense as
required by the Planning Division. Groundwater
monitoring and extraction remediation shall
continue. Quarterly reports shall be submitted to
the City until the Regional Water Quality Control
Board (RWQCB) determines and subject to City
approval that the site and groundwater is free of
contamination.
(x) Prior to the issuance of any City permits, the
applicant shall submit a grading plan showing slopes
for run-off and drainage details for review and
approval by the City Engineer.
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 Bob Merriam,
Carlson Design and Construction Company, 2301 E.
Winston Road, Anaheim, CA 92806.
APPROVED AND ADOPTED this lOTH DAY OF JUKE, 1996, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Mike Goldenberg, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify
that the foregoing Resolution was duly introduced, passed, and adopted
by the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 10 day of June, 1996,
by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST:
James DeStefano, Secretary
AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
APPLICANT:
PROPERTY OWNER:
BACKGROUND:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
6.2
June 69 1996
June 10, 1996
Extension of Time, TPM 22102(1)
A request for a one year extension of
for an approved parcel map which
subdivides a 4.39 acre parcel into two
lots 3.5 and .89 acres in size
1575 Valley Vista Drive, south side, at
the end of the cul-de-sac of Valley Vista
Dr and Bridge Gate Dr.
Patricia Duke, Specialty Equipment
Market Association, 1575 S. Valley
Vista Drive, Diamond Bar, CA 91765
The applicant, Patricia Duke of Specialty Equipment Market Association (SEMA)
is requesting a one year extension of time for TPM 221021 an approved parcel
map which subdivides a 4.39 acre parcel into two lots, 3.5 and .89 acres in
size. No changes or revisions are proposed to the approved map.
The project site is located in Gateway Corporate Center and has an Office
Professional (OP) General Plan land use designation and is zoned Commercial
Manufacturing, Billboard Exclusion, Unilateral Contract Zone, (CM-BE-U/C). The
larger lot (Lot 1, is currently developed with a two-story office building.
1
APPLICATION ANALYSIS:
Tentative
Parcel Map 22102
was approved by
the City Council on
September 20,
1994. Pursuant to the Subdivision Map Act Sec. 66463.5 the
approval of a
tentative
parcel map shall be effective for a
period of two years.
Pursuant to
the L.A.
County Subdivision Ordinance Sec.
21.48.120.b one or more extensions
to the term of approval of the tentative map
may be granted, the
sum of which
may not
exceed one year.
The approved parcel map will expire on September 20, 1996. The applicant is
requesting an extension of time until September 20, 1997, because of their
uncertainty regarding the future development of this site.
The project site is located in the Gateway Corporate Center, overlooking the SR
57 Freeway. The only major issue for this project was the feasibility of
developing the smaller .89 acre lot (Lot 2) Staff review of the proposed
subdivision included the review of a conceptual plan that demonstrated that a
12,000 square foot, two-story commercial office building could feasibly be
developed on this lot.
Based on the determination of the developability of the smaller lot, staff
determined that the two proposed lots could stand independently if a single shared
access between the parcels was guaranteed through the dedication of an easement.
A condition of approval was included requiring that a reciprocal. access agreement
be recorded prior to the recordation of the final map.
While no
development has been
proposed
at this time, as part of the Gateway
Corporate
Center, the proposed
project
is subject to development under the
standards
contained within the
Gateway
Center Design Guidelines. These
guidelines
codified the Conditions
Covenants
and Restriction (CC&R'S) placed on
the office
park, pursuant to the County's
creation of a Unilateral Contract (U/L)
over zone.
The Planning Divisiori and the Public Works Department has both reviewed this
proposal and have reviewed this request and have determined that there has been
no change in either the map or the project site.
ENVIRONMENTAL
ASSESSMENT:
Pursuant to the terms of the terms of the California Environmental Quality Act
(CEQA), the City has determined that this project is Catergorically Exempt
pursuant to Section 15315.
2
PUBLIC NOTIFICATION:
The application was advertised in the Inland Valley Daily Bulletin and San
Gabriel Valley Tribune on May 28, 1996 and all property owners (3) within a
500 foot radius were mailed notices of the public hearing.
RECOMMENDATIONS:
Staff recommends that the Planning Commission recommend to the City Council
approval of a one year extension of time for Tentative Parcel Map 22102 subject
to the Conditions of Approval contained within Planning Commission Resolution
96-XX.
MANDATORY FINDINGS OF FACT
1. That Tentative Parcel Map will not have an adverse impact on adjacent
commercial office uses. It will not be materially detrimental to the use,
enjoyment, or valuation of property of other person located in the vicinity
and conforms to the applicable standards of the Gateway Corporate Center
project.
2. The Tentative Parcel Map will not adversely effect the health or welfare
of persons residing or working in the surrounding area.
3. The nature, condition and size of the site has been considered and
determined to satisfy all applicable standards.
4. The proposed map is consistent with the General Plan and any Specific
Plan as specified in Section 6545E
5. The design or improvement of the proposed subdivision is consistent with
any applicable general and specific plans.
6. The site is physically suitable for the proposed density of development.
7. That the design of the subdivision or type of improvements is not likely
to cause serious public health problems.
8. The design of the subdivision or the type of improvements will not
conflict with easements acquired by the public at large, -for the access
through or use of, property within the proposed subdivision. In this
connection the governing body may approve a may if it find that alternate
easement, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This
subsection shall apply to easements of record or easements established by
the judgment of a court of competent jurisdiction and no authority is
3
hereby granted to a legislative body to determine that the public at large
has acquired easements for access through or use of property within the
proposed subdivision.
RECOMMENDATIONS:
The staff recommends that the Planning Commission recommend to the City
Council approval of a one year extension of time for Tentative Parcel Map
22102(1) subject to the Conditions of Approval contained within Planning
Commission Resolutions 96-XX,
PREP�A�RE�D BY�� /.
Catherine Johnso Senior Planner
ATTACHMENTS:
Exhibit 1: Council Staff Report, Dated September 20, 1994,
Resolution, 94-46
Draft Resolution of Approval for a one year extension of
City Council
time
n
r�
PLANNING COMMISSION
RESOLUTION NO. 96-XX
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR
RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF AN EXTENSION OF TIME FOR
PARCEL MAP NO, 22102(1) AND CATEGORICAL
EXEMPTION SECTION 153159 .A PREVIOUSLY
APPROVED APPLICATION FOR A MINOR
SUBDIVISION TO CREATE TWO (2) PARCELS
LOCATED AT 1575 VALLEY VISTA DRIVE (LOT
13 OF TRACT 30379).
Recitals.
1. Patricia Duke of SEMA Associates has filed a request for an extension
of time for a Tentative Parcel Map 22102 (TPM 22102) for property
located at 1575 Valley Vista Drive, Diamond Bar, California, as
described in the title of this Resolution. Hereinafter, this Resolution, the
subject Tentative Parcel Map application is referred to as the
"Application".
April 18, 1989, the City of Diamond Baz was established as a duly
organized municipal organization of the State of California. On that
date, pursuant to the requirements of the California Government Code
Section 57376, the City Council of the City of Diamond Bar adopted its
Ordinance No. 1, thereby adopting the Los Angeles County Code as the
ordinances of the City of Diamond Bar. Title 21 and 22 of the Los
Angeles County Code contains the Development Code of the County of
Los Angeles now currently applicable to development applications,
including the subject Application, within the City of Diamond Bar.
1
3. Action was taken on the subject application as to its consistency with the
General Plan. It has been determined that the proposed project is
consistent with the General Plan.
4. On Tune 10, 1996, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the application.
5. Notification of the public hearing for this project has been made in the
San Gabriel Valley Tribune and the Inland Valley Bulletin newspapers on
May 30, 1996. Three (3) property owners within a 500 foot radius of
the project site were notified by mail on May 29, 1996.
6. All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby 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 project set forth in the Application, there
is no evidence before the Planning Commission that the project as
proposed by the Application, and conditioned for approval herein, will
have the potential of an adverse effect on wildlife resources or the
habitat upon. which the wildlife depends. Based upon substantial
evidence presented in the record before the Planning Commission, the
Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
3. The Planning Commission hereby determines that, the project identified
above in this Resolution is categorically exempt from the requirements of
the California Environmental Quality. Act of 1970. as amended, and
guidelines promulgated thereunder, pursuant to Section 15315 of Article
19 of Division 13 of the California Code of Regulation.
L
. Based upon the findings and conclusions set forth herein, this Planning
Commission, hereby finds as follows:
2
(a) The .project relates to a 4.39 acre site developed with a two story
office building, located at 1575 Valley Vista Drive, City of
Diamond Bar, California. The project site is zoned Commercial -
Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-
U/C). It has a General Plan land use designation of Professional
Office (OP).
(b) Generally, the following zones and use surround the project site:
to the north and east is the C-M-BE-U/C Zone; to the south is the
C-M-BE-U/C and Single Family Residential -Minimum Lot Size
10,000 Square Feet (R4-10,000) Zone; and to the west is the
C-M-BE-U/C Zone and the Orange (57) Freeway. .
(c) The project request is a request for an extension of time not to
exceed one (1) year.
(d) The proposed extension of time will not adversely affect adjacent
or adjoining residential and commercial uses. It will not be
materially detrimental to the use, enjoyment, or valuation of
property of other persons located in the vicinity and conforms to
the applicable standards of the Gateway Corporate Center project.
(e) The nature, condition, and size of the site has been considered.
The project site is adequate in size to accommodate the TMP
22102 and the extension of time.
(e) The proposed extension of time will not adversely affect the
health, peace, comfort or welfare of persons residing or working
in the surrounding area.
(f) The proposed project will not jeopardize, endanger or otherwise
constitute a menace to public health, safety or general welfare.
(g) The proposed project is adequately served by Valley Vista Drive,
Gateway Center. Drive, and Bridgegate Drive.
5. Based upon the findings and conclusions set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
(1) The extension of time shall substantially conform to Tentative
Parcel Map No. 22102 labeled Exhibit "A" dated June 10, 1996
as submitted and approved by the Planning Commission.
(2) The extension of time shall comply with City Council Resolution
No. 94-46 (as attached to this Extension of Time Resolution).
(3) The extension of ume's approval shall not be effective for any
purpose until the permittee and owner of the property involved (if
other than the permittee) have filed, within fifteen (15) days of
approval of this map, at the City of Diamond Bar's Community
Development Department, their Affidavit of Acceptance stating
that they are aware of and agree to accept all the conditions of
this map. Further, this approval shall not be effective until the
permittee pays remaining Planning Division processing fees.
(4) 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 granted 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 utilized has obtained
permits, from the City of Diamond Bar to provide such services.
(5) All requirements of the Zoning Ordinance and of the underlying
zoning of the subject property shall be complied with, unless
otherwise set forth in the permit or shown on the approved plans.
(6) Notwithstanding any previous subsection of this Resolution, if the
Department of Fish and Game requires payment of a fee pursuant
to Section 711.4 of the Fish and Game Code, payment therefore
shall be made by the applicant prior to the issuance of any
building permit or any other entitlement.
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 Patricia Duke, 1575 Valley Vista Drive, Diamond Bar,
CA 91765.
APPROVED AND ADOPTED THIS THE LOTH DAY OF 7UNE, 1996
BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Michael Goldenberg, Chairman
I, James DeStefano, Secretary of the Planning Commission of the City of
Diamond Bar, do hereby certify that the foregoing Resolution was duly
introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the loth day of June, 1996, by the following vote -to -wit:
Attest:
AYES: [COMMISSIONERS:]
NOES: [COMMISSIONERS:]
ABSTAIN: [COMMISSIONERS:]
ABSENT: [COMMISSIONERS:]
James DeStefano, Secretary
C:\LEITBRS\RESOLTN\DR94-d.RES rJ
RESOLUTION NO. 94-46
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING TENTATIVE PARCEL MAP
NO. 221029 AN APPLICATION FOR A MINOR SUBDIVISION
TO CREATE TWO (2) PARCELS LOCATED AT 1575 VALLEY
VISTA DRIVE - LOT 139 TRACT 30379 AND MAKING
FINDINGS IN SUPPORT THEREOF:
A. RECITALS.
(i) Bryan Stirrat and Associates have filed an application for a Tentative
Parcel Map (TPM) for property located at 1575 Valley Vista Drive, Diamond Bar, California,
as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative
Parcel Map application is sometimes referred to as "the Application".
(ii) On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter, the City Council of the
City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles
County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles
County Code contain the Development Code of the County of Los Angeles now currently
applicable to development applications, including the subject Application, within the City of
Diamond Bar.
(iii) The City of Diamond Bar lacks an operative General Plan. Accordingly, action
was taken on the subject application, as to consistency to the proposed General Plan, pursuant
to the terms and provisions of an Office of Planning and Research Extension of Time pursuant
to California Government Code Section 65360 and 65361(a).
(iv) The City Council of the City of Diamond Bar, on September 20, 1994,
conducted a duly noticed public hearing and concluded said public hearing on that date.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
L This City Council hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
1
2. Based on substantial evidence presented to this Council during the
public hearing, and by written and oral testimony provided at the hearing, this Council hereby
specifically finds as follows:
(a) The Application applies to property presently zoned
&mI BE-U/C, located at 1575 S. Valley Vista Drive, City of Diamond Bar, California.
(b) Generally, the property to the north of the subject site is
zoned CM-BE-U/C; to the south of the subject site is zoned CM-BEAU/C and R4-10000; to the
east of the subject site is zoned C-M-BE-U/C; and west of the subject site is zoned CM-BE-U/C
and the Orange Freeway.
(c) The City of Diamond Bar lacks an operative General Plan.
Action was taken on the Application as to consistency with the contemplated General Plan
pursuant to the terms and provisions of Government Code, Section 65360 and 65361(a). On
such basis there is a substantial probability that the approval of this project as proposed in said
Application will not be a substantial detriment to, nor interfere with the preparation of the
contemplated General Plan because the site has been developed in conformance with the
Gateway Corporate Center Design Guidelines. Further, the City of Diamond Bar is proceeding
in a timely fashion with the preparation of the General Plan. Pursuant to such preparation, it
appears that there is a reasonable probability that the division of the subject parcel located
within the Gateway Corporate Center will be consistent with the land -uses and policies, goals
and objectives set forth in the General Plan as presently considered in the Draft -General Plan.
As a substantial portion of the Gateway Corporate Center has previously been developed with
complementary uses, there is little or no probability of substantial detriment to or interference
with the finally adopted General Plan if this action is ultimately inconsistent with the General
Plan. Further, this project conforms to all other applicable requirements, state law, and local
ordinances.
(d) The Tentative Parcel Map will not have an adverse impact
on adjacent or adjoining residential and commercial. uses. It will not be materially detrimental to
the use, enjoyment, or valuation of property of other persons located in the vicinity and
conforms to the applicable standards applicable to the Gateway Corporate Center project.
(e) The Tentative Parcel Map will not adversely affect the
health or welfare of persons residing or working in the surrounding area.
(f) The nature, condition, and size of the site has been
considered and determined to satisfy all applicable standards.
(g) That the proposed map is consistent with the proposed
General Plan and specific plans as specified in Section 65451.
(h) That the design or improvement of the proposed subdivision
is consistent with applicable general and specific plans.
(i) The Planning Commission held a public hearing on the
project on July 11, 1994 and concluded the public hearing on July 25, 1994. The Planning
Commission voted to recommend approval of the project to the City Council and forwarded a
Resolution to that effect.
0) That the site is physically suitable for the proposed density
of development.
(k) That the design of the subdivision or the proposed
improvements are not likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
(1) That the design of the subdivision or type of improvements
is not likely to cause serious public health problems.
(m) That the design of the subdivision or the 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. In this connection, the governing
body may approve a map if it finds that alternate easements, for access or for use, will be
provided , and that these will be substantially equivalent to ones previously acquired by the
public. This subsection shall apply to easements of record or to easements established by
judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative
body to determine that the public at large has acquired easements for access through or use of
property within the proposed subdivision.
3. The City Counil further finds that an environmental review has
been conducted with respect to the Application in compliance with the California Environmental
Quality Act of 1970, as amended, and the guidelines promulgated thereunder. Further, this
Council has reviewed and considered such information and has determined, and hereby adopts,
the determination that this Application is a Negative Declaration and has. been prepared in
compliance with the California Environmental Quality Act of 1970, and as amended, and
guidelines promulgated thereunder, and, that further the Council has reviewed and considered
the information contained in the said Negative Declaration with respect to the. application.
4. Based upon the findings recited hereinabove and conditions set
forth herein below, this Council, in conformance with the terms and provisions of California
Government Code Section 65360 and 65361(a), approves Tentative Parcel Map No. 22102 and
the Negative Declaration, subject to the following conditions:
(a) This project shall be developed in substantial conformance
with Tentative Parcel Map No. 22102 which has been submitted for this case, dated September
20, 1994 and as amended by the following conditions as may be shown on said map.
(b) Prior to expiration of the Tentative Parcel Map and prior to
filing with the County Recorder, a Final Map shall be processed through the office of the City
Engineer.
(c) Details or notes shown on the Tentative Map which are
inconsistent with the requirements, policies, or ordinances of the City are not approved.
(d) Notwithstanding any previous Subsection of this Resolution;
if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the
Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of
any building permit or any other entitlement.
(e) The Soil Engineer's and Engineering Geologist's name,
address, phone number, signature and stamp must be shown on the Final Map.
(f) Each parcel shall be served by a separate sewer lateral
which shall not cross any other property lines. The Subdivider, at the Subdivider's sole cost
and expense, shall construct/extend the mainline sewer system in accordance with plans .
approved by the City Engineer, Los Angeles County Public Works Department and County
Sanitation District. Mainline shall extend to not less than 10 ft. beyond the common line
between Parcel No. 1 and No. 2. All sewer hook-ups shall be provided prior to recordation of
the Final Map.
(g) All drainage devices shall be installed prior to recordation
to the satisfaction of the City Engineer. Provide hydrology calculations and capacity of existing
devices for any proposed future development and provide drainage facilities to the satisfaction
of the Public Works Department prior to approval of the Final Map.
(h) Reciprocal drainage easements for both parcels shall be
recorded at the time the Final Map is recorded.
(i) A reciprocal access easement shall be shown along the
common property line of Parcel No. 1 and No. 2 and recorded at the time the Final Map is
recorded.
(j) It is hereby declared and made a condition of this Tentative
Parcel Map that if any conon hereof is violated, or if any law, statute, or ordinance is
violated, the Tentative Parcel Map shall be suspended and the privileges granted shall lapse;
provided that applicant has been given written notice to cease such violation and has failed to do
so for a period of thirty (30) days.
(k) Any future development of Parcel No. 1 or Parcel No. 2 is
required to comply with the Gateway Corporate Center Design Guidelines and shall obtain
Development Review approval from the City.
(1) The Subdivider shall, at the Subdivider's sole cost and
expense, construct sidewalks along the full frontage of the subdivision in accordance with the
plans approved by the City Engineer, prior to recordation.
5. The City Clerk is hereby directed to:
(a) Certify to the adoption of this Resolution and,
(b) Forthwith transmit a certified copy of this Resolution, by
certified mail, return receipt requested, to Bryan S&mt and Associates, 1575 S. Valley Vista
Drive, Diamond Bar, , California 91765.
ADO IED AND APPROVED this 20th day of September, 1994.
MAYpV`
I, Lynda Burgess, City Clerk 6f the City of Diamond Bar, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the City Council of the City of
Diamond Bar, at a regular meeting of the City Council held on the 20th day of September,
1994, by the following vote -to -wit:
AYES; [COUNCIL MEMBERS:] Papen, Ansari, MPT/Harmony and M/Werner
NOES: [COUNCIL MEMBERS:] None
ABSTAIN: [COUNCIL MEMBERS:] None
ABSENT: [COUNCIL MEMBERS:] Miller
ATTEST: —.
City Cl e of the City of
Diamond Bar
INTEROFFICE MEMORANDUM
TO: James DeStefano, Community Development Director
FROM: Ann J. Lungu, Assistant Planner or
SUBJECT: Corrections to Planning Commission Policies &
Procedures Manual
DATE: June 10, 1996
Pursuant to your direction, I contacted Commissioner Ruzicka
concerning corrections to the Planning Commission Policies &
Procedures Manual. Attached are the corrected pages with the
changes highlighted for your convenience. Extra copies have been
made for the Commissioners, if you so desire to distribute them.
Attachments:
1. Highlighted copy
2. Commissioners' copies
12. View the public hearing as an example of basic democracy
in action at the local level. Make it your personal
goal to have a successful public hearing. Individuals
should feel treated fairly and believe the Commission
had all the facts, was open in its deliberations and
acted accordingly. An individual should not dominate
the meeting and there should be sufficient time for all
to speak. Individuals should not leave the meeting
feeling disenfranchised.
Officers
The Planning Commission should, at its first regular meeting in
March of each calendar year, elect a chairperson and vice
chairperson from among its members for a term of one year. The
Commission may create and fill such other offices as may be deemed
necessary.
The chairperson shall be the presiding officer at all meetings.
In the absence of the chairperson, the vice chairperson shall
preside. In the absence of the vice chairperson, the Commission
shall elect a temporary presiding officer to serve until the
arrival of the chairperson or vice chairperson or adjournment. If
the chairperson's and vice chairperson's positions are vacated,
the Commission shall elect officers for the balance of the term.
The chairperson shall sign resolutions and documents approved by
the Commission at meetings where he/she is in attendance. In the
chairperson's absence, the vice chairperson shall sign all such
documents as have been adopted and approved. In the absence of
the chairperson and the vice chairperson, the temporary presiding
officer shall sign all such documents as have been approved and
adopted during the meeting at which he/she presided.
The chairperson or presiding officer is responsible for the
maintenance of order and decorum at all times. No person should
be allowed to speak who has not first been recognized by the
chairperson. All questions and remarks should be addressed to the
chairperson. Meetings shall be conducted according to Robert's
Rules of Order. If necessary a Sergeant at Arms may be appointed
by the Planning Commission Secretary.
The chairperson may appoint special subcommittees of less than a
quorum of the Commission. .The subcommittee may meet to carry out
their assigned tasks, to discuss future projects, future
ordinances, and future agendas.
uorum
A quorum consists of a majority ,of the members of the Planning
Commission and is sufficient to conduct business. A quorum is
required to conduct business at any meeting whether it is a
regular or special meeting. While a Commissioner is expected to
June 10, 1996 .7
Commissioners should not accept gifts from applicants or other
persons concerned with matters which have been or might come
before the Commission.
Commissioners should avoid making statements to the media or
public on matters that have not been presented before the entire
Commission. They should be aware that any statements or opinions
made to media members could be considered "on the record" by the
reporter. Such statements should be made in consideration of the
likelihood that they will be printed or broadcasted.
Relations with the City Council should also be kept in mind when
communicating with the public or the media. Commissioners are
considered by the public as members of and spokesperson for the
official city family. Since policy decisions are the City
Council's sole responsibility, it is inappropriate for
Commissioners, as representatives of the City, to publicly
criticize established Council policies or Council members. If
personal ethical problems arise, resignation from the Commission
is appropriate. This does not in any way preclude a
Commissioner's responsibility to advocate his or her position on a
policy matter prior to an official policy decision.
CompensationJTravel Expenses
Each Planning Commissioner shall be paid a fixed. sum for each
commission meeting attended. The sum to be paid is established by
City Council resolution.
The City Council may provide such sums as the Council deems
reasonable, in its sole discretion, for travel expenses, meals,
lodging and related expenses necessarily incurred due to the
performance of their official duties, including attendance at
seminars, conferences or training courses approved by the City
Council. The expenses may be advanced to Commissioners or
otherwise paid to them, in accordance with established City
Council policies.
Conflict of Interest
Government Code Sections 87100, et seq., requires that public
officials avoid any serious conflicts of interest when acting in
their official capacities. As a Planning Commissioner, two
aspects of these provisions will affect you. First, you are
prohibited from participating in decisions about any matter in
which you have a financial interest. Second, you are required to
file an annual financial disclosure statement. The first
financial disclosure statement is due shortly after you are sworn
into office.
June 10, 1996 15
radius of the boundaries of the real property
in which the official has an interest; or
(2) There are not at least 10 properties under
separate ownership within a 2,500 foot radius
of the property in which the official has in
interest".
It is strictly the individual Commissioner's decision whether or
not his/her "financial interest" constitutes sufficient reason to
disqualify himself/herself from consideration of a particular
matter. It is important that a Commissioner be alert to identify
at an early stage any real or potential conflicts of interest, and
that he/she acts accordingly. Should a Commissioner need
assistance in determining whether a conflict exists, the City
Attorneys office may be called. For some potential conflicts, it
may be necessary to request an opinion from the Fair Political
Practices Commission (FPPC). The City can provide the telephone
numbers of appropriate FPPC staff members or place calls on your
behalf. Under recent decisions of the FPPC, the fact that a
commissioner relies on the opinion of the City Attorney does not
protect that commissioner from enforcement actions by the FPPC, if
the City Attorney's advice was erroneous.
There are a number of other conflict of interest statutes and
doctrines which govern such issues as Commission approved
contracts in which Commissioners have a financial interest, the
holding of two "incompatible" public offices, and other cases in
which a Commissioner's ability to render an impartial decision
could be questioned. The City Attorney can provide advice on any
of these issues.
Commissioners are among those public officials who are required by
Government Code Section 87200 to file a statement disclosing
investments and interests in real property. The City Clerk will
provide the Commissioners with the disclosure report forms. These
disclosure statements must be filed shortly after a Commissioner
is sworn into office and by April 1st of each following year that
the Commissioner remains in office. The originals of these forms
are then forwarded by the City Clerk to the Fair Political
Practices Commission.
Disqualification From Commission Decisions
As a Commissioner, if a matter in which you have a financial
interest comes before the Planning Commission and the decision
will naturally affect that financial interest, you must disqualify
yourself from all participation. This means you may not discuss
the matter with your colleagues, may not participate in
deliberations concerning the matter, must abstain from voting, and
refrain from any attempt to influence the decision on this matter.
The Commissioner should leave the room while the matter is under
consideration in order to avoid violating these prohibitions. The
financial interest leading to abstention must be identified and
Tune 10, 1996 P1$