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Home My WebLink About05/09/2023PLANNING COMMISSION AGENDA ______________________________________________ Tuesday, May 9, 2023 6:30 PM Diamond Bar City Hall – Windmill Community Room 21810 Copley Drive, Diamond Bar, CA 91765 PUBLIC ADVISORY: Members of the public are encouraged to participate and address the Planning Commission during the public comment portion of the meeting either in person or via teleconference. _______________________________________________________________________ ______________________________________________________________________ How to Observe the Meeting From Home: Members of the public can observe the meeting by calling + 1 (213) 929 -4212, Access Code: 630- 475-047 or visiting https://attendee.gotowebinar.com/register/8854557784875525725 . How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to Planning@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Planning Commission members and read into the record at the meeting, up to a maximum of five minutes. Alternatively, public comment may be submitted by logging onto the meeting through this link: https://attendee.gotowebinar.com/register/8854557784875525725 . Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Planning Commission Meeting, please contact the Community Development Office (909) 839-7030 within 72 hours of the meeting. Commission recordings will be available upon request the day following the Planning Commission Meeting. CHAIRPERSON WILLIAM RAWLINGS VICE CHAIRPERSON RUBEN TORRES COMMISSIONER NAILA BARLAS COMMISSIONER MAHENDRA GARG COMMISSIONER RAYMOND WOLFE City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT Members of the public may address the Planning Commission on any item of business on the agenda during the time the item is taken up by the Planning Commission. In addition, members of the public may, during the Public Comment period address the Planning Commission on any Consent Calendar item or any matter not on the agenda and within the Planning Commission’s subject matter jurisdiction. Any material to be submitted to the Planning Commission at the meeting should be submitted through the Minutes Secretary. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. The Chairperson may adjust this time limit dep ending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Planning Commission only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the Planning Commission. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE PLANNING COMMISSION Agendas for regular Planning Commission meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations and on the City’s website at www.diamondbarca.gov. The Planning Commission may take action on any item listed on the agenda. Copies of staff reports or other written documentation relating to agenda item s are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection upon request. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030 Email: info@diamondbarca.gov Website: www.diamondbarca.gov The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. CITY OF DIAMOND BAR PLANNING COMMISSION May 9, 2023 AGENDA Next Resolution No. 2023-07 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Naila Barlas, Mahendra Garg, Raymond Wolfe, Ruben Torres, Vice Chairperson, William Rawlings, Chairperson 2. APPROVAL OF AGENDA: Chairperson 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Planning Commission on consent calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Planning Commission. Although the Planning Commission values your comments, pursuant to the brown act, members of the Planning Commission or staff may briefly respond to public comments if necessary, but no extended d iscussion and no action on such matters may take place. There is a five -minute maximum time limit when addressing the Planning Commission. Please complete a speaker card and hand it to the Minutes Secretary (completion of this form is voluntary). The Planning Commission will call on in-person speakers first and then teleconference callers, one at a time to give their name and if there is an agend a item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or Planning Commission consideration item, you will then be called upon to speak at that point in the agenda. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Planning Commission only: 4.1 Minutes of the Planning Commission Regular Meeting – March 28, 2023. 4.2 Public Convenience and Necessity Finding No. PL2023 -14 - Feng Fine Wine and Spirits is a proposed retail liquor establishment to be located at 1155 S. Diamond Bar Boulevard. The business owner has applied for a liquor license with the California Department of Beverage Control (ABC). ABC has determined that prior to issuing the license, the City must first MAY 9, 2023 PAGE 2 PLANNING COMMISSION find that such issuance serves the “public convenience or necessity” (“PCN finding”). ENVIRONMENTAL DETERMINATION: The request has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the requested public convenience or necessity and subsequent issuance of the ABC license to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (existing facilities) of the CEQA Guidelines. The location where the ABC license is proposed is an existing tenant suite. No modifications are proposed to the suite, other than interior tenant improvements. Therefore, no further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution finding that the public convenience or necessity would be served by the issuance of a license to sell alcoholic beverages at the requested location. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Development Review and Minor Conditional Use Permit No. PL2022- 117 - Under the authority of Diamond Bar Municipal Sections 22.48 and 22.56, the applicant and property owner are requesting Development Review approval to construct a 229 square-foot one story addition, 953 square-foot second story addition, 102 square-foot front porch, interior remodel and addition of 153 square feet to a 65 square-foot detached patio cover in the rear yard of an existing 1,701 square-foot single-family residence on a 8,314 square-foot lot. A Minor Conditional Use Permit is also being requested to allow the continuation of existing nonconforming side setbacks of 5’-9” and 7’ (where 5 feet on one side and 10 feet on the other side is required) and an existing building separation of 13’-4” adjoining residences (where 15 feet is required). The subject property is zoned Low Medium Density Residential (RLM) with an underlying General Plan land use designation of Low Residential. PROJECT ADDRESS: 22432 Falconburn Way Diamond Bar, CA 91765 PROPERTY OWNER: Rohit Patel 22432 Falconburn Way Diamond Bar, CA 91765 MAY 9, 2023 PAGE 3 PLANNING COMMISSION APPLICANT: Aamir Raza, Syed Raza & Associates, Inc. 12600 Central Ave Chino, CA 91710 ENVIRONMENAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review and Minor Conditional Use Permit Planning Case No. PL2022-117 based on the findings of fact, and subject to the conditions of approval as listed within the draft resolution 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 10. SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING Thursday, May 11, 2023, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA CITY COUNCIL MEETING: Tuesday, May 16, 2023, 6:30 pm South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA PLANNING COMMISSION MEETING: Tuesday, May 23, 2023, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA PARKS AND RECREATION COMMISSIN MEETING: Thursday, May 25, 2023, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA MEMORIAL DAY HOLIDAY: Tuesday, May 29, 2023 In observance of the holiday, City offices will be closed. City offices will re-open on Tuesday, May 30, 2023. MAY 9, 2023 PAGE 4 PLANNING COMMISSION 12. ADJOURNMENT CITY COUNCIL MEETING: Tuesday, June 6, 2023, 6:30 pm South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA PLANNING COMMISSION MEETING: Tuesday, June 13, 2023, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 28, 2023 CALL TO ORDER: Chair/Wolfe called the meeting to order at 6:30 p.m. in the City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Torres led the Pledge of Allegiance. ROLL CALL: Commissioners: Ruben Torres, William Rawlings, and Chair Raymond Wolfe Absent: Commissioners Naila Barlas and Mahendra Garg were excused. Staff Present : James Eggert, Assistant City Attorney; Grace Lee, Senior Planner; Mayuko (May) Nakajima, Associate Planner; Stella Marquez, Administrative Coordinator. 2. REORGANIZATION OF THE PLANNING COMMISSION – SELECTION OF CHAIR AND VICE-CHAIR. 2.1 Selection of Chair C/Torres nominated C/Rawlings to serve as Chair of the Planning Commission. C/Wolfe seconded the nomination. C/Rawlings was elected to serve as Chair of the Planning Commission by the following Roll Call vote: Torres Yes Rawlings Abstain Wolfe Yes 2.2 Selection of Vice Chair C/Wolfe nominated C/Torres to serve as Vice Chair of the Planning Commission. C/Wolfe seconded the nomination. C/Torres was elected to serve as Vice Chair of the Planning Commission by the following Roll Call vote: Wolfe Yes Torres Abstain Chair/Rawlings Yes 4.1 Packet Pg. 7 __________________________________________________________________________ MARCH 28, 2023 2 PLANNING COMMISSION __________________________________________________________________________ Chair/Rawlings thanked outgoing Chair/Wolfe for his leadership and demonstration serving as Chair of the Planning Commission and thanked former VC/Mok for his service on the Commission. 3. APPROVAL OF AGENDA: Chair/Rawlings approved the Agenda as presented. 4. PUBLIC COMMENTS: None Offered 5. CONSENT CALENDAR: 5.1 Minutes of the February 14, 2023, Regular Planning Commission Meeting. 5.2 Minutes of the February 28, 2023, Regular Planning Commission Meeting. C/Wolfe moved, Chair/Rawlings seconded, to approve Consent Calendar as presented. Motion carried by the following Roll Call Vote: AYES: COMMISSIONERS: Wolfe, Chair/Rawlings NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Torres ABSENT: COMMISSIONERS: Barlas, Garg 6. OLD BUSINESS: None 7. NEW BUSINESS: None 8. PUBLIC HEARING(S): 8.1 Conditional Use Permit and Parking Permit No. PL2023-03 – Under the authority of Diamond Bar Municipal Code Sections 22.58 and 22.30.050, the property owner and applicant requested a Conditional Use Permit to operate an educational center at a 1,000 square-foot vacant space within a 70,955 square- foot multi-tenant commercial center. A Parking Permit was concurrently requested for the reduction in the required number of parking spaces based on the findings of a shared parking analysis for the center. The subject property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 1930 S. Brea Canyon Road #C112 Diamond Bar, CA 91765 PROPERTY OWNER: CHM Properties LLC 18855 Sherbourne Place Rowland Heights, CA 91748 4.1 Packet Pg. 8 __________________________________________________________________________ MARCH 28, 2023 3 PLANNING COMMISSION __________________________________________________________________________ APPLICANT: Linda Liu for Youth Development Resource Center 1930 S. Brea Canyon Road #C112 Diamond Bar, CA 91765 AP/Nakajima presented the staff report and recommended Planning Commission approval of Conditional Use Permit and Parking Permit No. PL2023-03 based on the findings of fact, and subject to the Conditions of Approval as listed within the Resolution. C/Wolfe sought clarification of the parking survey conducted during COVID -19 and the shared-use analysis and AP/Nakajima responded that the survey was conducted during the pandemic; however, there was a standard formula used to calculate the shared-use analysis which was done using data available prior to COVID-19. C/Wolfe asked if staff had received reports due to overparking in the are a to which AP/Nakajima responded no and C/Wolfe stated he had no further issues regarding the parking. Chair/Rawlings asked for sake of clarity that robotics and sciences sometimes utilize different chemical resources and he assumed there was no special ventilation required for the stated use and AP/Nakajima responded that Chair/Rawlings was correct. Chair/Rawlings opened the public hearing. Linda Liu, applicant, explained that the robotics classes have no harmful materials and are led by high school volunteers. Kathy Chen, representing the property owner, said there are a number of vacancies in the center due to COVID and she has not encountered nor does she foresee any adverse parking impacts. Chair/Rawlings closed the public hearing. VC/Torres moved, C/Wolfe seconded, to approve Conditional Use Permit and Parking Permit No. PL2023-03 based on the findings of fact, and subject to the Conditions of Approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Wolfe, VC/Torres, Chair/Rawlings NOES: COMMISSIONERS: None 4.1 Packet Pg. 9 __________________________________________________________________________ MARCH 28, 2023 4 PLANNING COMMISSION __________________________________________________________________________ ABSENT: COMMISSIONERS: Barlas, Garg 9. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: Chair/Rawlings welcomed VC/Torres to the Commission and announced that in upcoming days, the Commissioners will be attending the Planning Commissioners Academy sponsored by the League of California Cities. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: SP/Lee announced that both April Planning Commission meetings will be canceled due to lack of agenda items and the next scheduled meeting will be on Tuesday, May 9th. Staff held a Town Center Specific Plan community meeting at the Diamond Bar Center on Wednesday, March 22nd with approximately 40 attendees during which the City provided an update on what is currently being worked on, and, held a Q&A session and received feedback from residents. C/Wolfe stated he would be in Indiana for his daughter’s college graduation and would not be present for the May 9th Planning Commission meeting. 11. SCHEDULE OF FUTURE EVENTS: As listed in the agenda with correction that Breakfast with the Bunny would be on Saturday, April 1st. ADJOURNMENT: With no further business before the Planning Commission, Chair/Rawlings adjourned the Regular Planning Commission meeting at 6:47 p.m. The foregoing minutes are hereby approved this _______ day of ____________________, 2023. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director ____________________________ William Rawlings, Chairperson 4.1 Packet Pg. 10 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 4.2 MEETING DATE: May 9, 2023 CASE/FILE NUMBER: Public Convenience or Necessity (PCN) Finding No. PL 2023-14 PROJECT LOCATION: 1155 S. Diamond Bar Boulevard, Suite H Diamond Bar, CA 91765 (APN 8717-031-010) GENERAL PLAN DESIGNATION: General Commercial ZONING DISTRICT: Regional Commercial (C-3) PROPERTY OWNER: Diamond Bar Town Center, LLC 6621 E. Pacific Coast Hwy #270 Long Beach, CA 90803 APPLICANT: Feng Fine Wine & Spirits Jianna Feng 1917 Denton Avenue, Apt B San Gabriel, CA 91776 SUMMARY: Feng Fine Wine & Spirits submitted an application to the California Department of Alcoholic Beverage Control (ABC), requesting a license to sell packaged beer, wine and distilled spirits for offsite consumption (e.g., the residence of the purchaser). The business is proposed to be located within an existing shopping center located at 1155 S. Diamond Bar Boulevard (“premises”). Before ABC may issue the requested license, the Planning Commission must first decide that such issuance would serve the “public convenience or necessity.” This decision is commonly referred to as a “PCN finding.” RECOMMENDATION: CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 4.2 Packet Pg. 11 Public Convenience or Necessity (PCN) Finding No. PL 2023-14 Page 2 of 9 Adopt the attached resolution finding that the public convenience or necessity would be served by the issuance of a license to sell alcoholic beverages at the requested location. BACKGROUND: The subject property consists of a 1.24-acre parcel located on the northwesterly side of Diamond Bar Boulevard between Grand Avenue and Clear Creek Canyon Drive. The property was developed in 1986 under Los Angeles County standards with a 21,759 square-foot, two-story, multi-tenant commercial building. The building is divided into 19 tenant suites, with a combination of restaurant, retail, office, tutoring and service uses. The subject property shares reciprocal parking and access with neighboring commercial parcels and a Southern California Edison substation, collectively known as the Diamond Bar Town Center. The property is legally described as Lot 2 of Parcel Map No. 16890. The Assessor’s Parcel Number (APN) is 8717-031-010. Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning Land Uses Site General Commercial Regional Commercial C-3 Commercial Shopping Center (Retail, Restaurant, Service) North General Commercial Regional Commercial C-3 Commercial Shopping Center (Retail, Restaurant, Service) Southern California Edison Substation South General Commercial Regional Commercial C-3 Commercial Shopping Center (Retail, Restaurant, Service) East General Commercial Regional Commercial C-3 Commercial Shopping Center (Retail, Restaurant, Service) West High Density Residential Medium Density Residential (RM) Apartments Site and Surrounding General Plan, Zoning and Land Uses 4.2 Packet Pg. 12 Public Convenience or Necessity (PCN) Finding No. PL 2023-14 Page 3 of 9 The images below highlight the subject property and its surroundings: Site (Plan View) Aerial Location of Proposed Business 4.2 Packet Pg. 13 Public Convenience or Necessity (PCN) Finding No. PL 2023-14 Page 4 of 9 Project Site (Inline Building – View from Street) Adjacent Neighbor (South) – Commercial Buildings within Diamond Bar Town Center 4.2 Packet Pg. 14 Public Convenience or Necessity (PCN) Finding No. PL 2023-14 Page 5 of 9 Adjacent Neighbors (North) – SCE Substation and Commercial Building within Diamond Bar Town Center Development Code Section 22.10.030 requires off-sale alcoholic beverage retailers1 to be 150 feet away from any elementary, middle or high school. The 150 -foot distance requirement does not apply to art, dance and martial arts studios, fitness training, commercial tutoring centers, and establishments that provide courses via Internet. The proposed alcoholic beverage retail use is located more than 1,800 feet from the nearest school, which is Quail Summit Elementary School. ANALYSIS Review Authority On January 17, 2006, the City Council adopted Resolution No. 2006-04, delegating the authority to the Planning Commission to determine whether a PCN finding can be made to warrant the issuance of an ABC license. The determination of a PCN finding does not require a public hearing. California Department of Alcoholic Beverage Control (ABC) The applicant submitted an application to ABC for a “Type 21 (Off -Sale General)” license to operate an alcoholic beverage retail store from the premises. A Type 21 license authorizes the sale of packaged bee r, wine and distilled spirits (collectively, “liquor”) for consumption elsewhere, such as the residence of the purchaser. ABC regulates the distribution of liquor by setting limits on the different types of licenses in each census tract. California Business and Professions Code (“BPC”) Section 1 “Off-sale” means alcohol that is sold in sealed containers for consumption off -site. “On-sale” means alcohol that is served for consumption within the premises from which it is sold, such as a restaurant or bar. 4.2 Packet Pg. 15 Public Convenience or Necessity (PCN) Finding No. PL 2023-14 Page 6 of 9 23958.4(a) defines “undue concentration” as a situation wherein the proposed premises for an ABC off-sale license is located in an area where any of the following conditions exist: 1. The premises is located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. 2. The ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. ABC reviewed the proposed application and determined that a PCN determination is required based on the project location and reported crime statistics for calendar year 2020. The project site is located within Census Tract 4033.19 and Los Angeles County Law Enforcement Reporting District 2922 (the census tract and reporting district boundaries are identical, as shown below). ABC reported that for Census Tract 4033.19, two Type 21 licenses are allowed and none currently exist. However, ABC also reported that for Reporting District 2922, the average number of reported crimes is greater than 20 percent of the city’s average as illustrated below: Reporting Year 2020 Citywide average number of reported crimes 107.5 Total number of reported crimes (Reporting District 2922) 150 Number of reported crimes above Citywide average 42.5 Percent increase in reported crimes compared to Citywide average 39.5% 4.2 Packet Pg. 16 Public Convenience or Necessity (PCN) Finding No. PL 2023-14 Page 7 of 9 Census Tract 4033.19 / Los Angeles County Reporting District 2922 Facts to Support a Public Convenience or Necessity Finding The following are facts that support the requested PCN determination: • The premises is located within the Los Angeles County Law Enforcement Reporting District 2922. Diamond Bar is nationally recognized for being one of the safest cities in the country. The Los Angeles County Sheriff’s Department (LASD) Diamond Bar/Walnut Station has confirmed that Reporting District 2922 is not a “high crime” area by any metric used by the LASD. LASD provided updated statistics for Reporting District 2922 for calendar years 2021 and 2022 in the table below: Reporting Year 2021 Citywide average number of reported crimes 137 Total number of reported crimes (Reporting District 2922) 162 Number of reported crimes above Citywide average 25 Percent increase in reported crimes compared to Citywide average 18.2% Reporting Year 2022 Citywide average number of reported crimes 150 Total number of reported crimes (Reporting District 2922) 184 Number of reported crimes above Citywide average 34 Percent increase in reported crimes compared to Citywide average 22.6% N 4.2 Packet Pg. 17 Public Convenience or Necessity (PCN) Finding No. PL 2023-14 Page 8 of 9 As the tables above show, the total number of reported crimes fluctuates over time and only exceeds 20% in calendar year 2020 and 2022. Moreover, the census tract/reporting district encompasses more than 550 acres and is bounded by Grand Avenue, the 57/60 Freeway and Diamond Bar Boulevard, is characterized by high traffic counts, and reaches into the City’s busiest commercial areas. The number of “reported crimes” (a broad category) is relatively low given the reporting district’s geographic characteristics, so a 20 percent increase above the average is in reality a small number. • A total of 14 ABC type 21 licenses have been issued to retail businesses throughout Diamond Bar, including three located in nearby commercial shopping centers at the intersection of Grand Avenue and Diamond Bar Boulevard. These include two supermarkets (Albertsons and Walmart Neighborhood Market), and specialty retailer Mike’s Tobacco & Liquor. There are no alcoholic be verage retailers within the commercial shopping center where Feng Fine Wine & Spirits is proposing to locate. Denial of the requested ABC Type 21 license would: 1) place the commercial center at a competitive disadvantage with nearby commercial centers at the corner of Grand Avenue and Diamond Bar Boulevard; 2) limit pricing and selection comparison opportunities for Diamond Bar residents; and 3) be inconvenient for Diamond Bar residents who choose to shop at stores within the subject commercial center, but then must drive to another commercial center for alcoholic beverage purchases. • Feng Fine Wine & Spirits is proposing a specialty, boutique alcoholic beverage retail establishment that primarily sells premium brands. Inventory sold will typically be higher-priced, quality brands of wines and distilled spirits. There are no plans to sell grocery and sundry items, or lottery products. Although the ABC classifies Feng Fine Wine & Spirits in the same category as traditional liquor stores, the business differentiate itself by catering to different market segments and needs. Therefore, although the sale of alcohol at the premises would result in “undue concentration” of alcoholic beverage retail establishments in the reporting district, the operational characteristics of the business will likely mitigate any impacts typically associated with higher concentrations of alcoholic beverage retail establishments. • ABC will impose and monitor compliance with conditions of licensure as it does with any other ABC license. Adherence to ABC’s conditions of licensure will mitigate impacts to public safety and welfare, and safeguard the community from the potential negative effects associated with alcoholic beverages, such as sales to minors. Based on the above analysis, staff finds that issuance of an ABC Type 21 license permitting beer, wine and distilled spirits for off-site consumption within the Regional Commercial zoning district, will not have a negative impact to the surrounding uses. ENVIRONMENTAL ASSESSMENT: 4.2 Packet Pg. 18 Public Convenience or Necessity (PCN) Finding No. PL 2023-14 Page 9 of 9 The request has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the requested public convenience or necessity and subsequent issuance of the ABC license to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (existing facilities) of the CEQA Guidelines. The location where the ABC license is proposed is an existing tenant suite. No modifications are proposed to the suite, other than interior tenant improvements. Therefore, no further environmental review is required. PREPARED BY: REVIEWED BY: Attachments: A. Diamond Bar 1155 PL2023-14 Resolution B. Floor Plan dated April 10, 2023 4.2 Packet Pg. 19 PLANNING COMMISSION RESOLUTION NO. 2023-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THAT THE ISSUANCE OF A CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 21 “OFF- SALE GENERAL” LICENSE FOR A NEW ALCOHOLIC BEVERAGE RETAIL STORE (“FENG FINE WINE & SPIRITS”) LOCATED AT 1155 SOUTH DIAMOND BAR BOULEVARD, SUITE H, DIAMOND BAR, CA 91765 (“PREMISES”) WOULD SERVE THE PUBLIC CONVENIENCE OR NECESSITY. A. RECITALS 1. Feng Fine Wine & Spirits (“Applicant”) submitted an application to ABC for a Type 21 (Off-Sale General) license to operate an alcoholic beverage retail store from the Premises. A Type 21 license authorizes the sale of packaged beer, wine and distilled spirits for offsite consumption. 2. ABC regulates the distribution of alcoholic beverages by setting limits on the different types of licenses issued in each census tract. California Business and Professions Code (“BPC”) Section 23958.4(a) defines “undue concentration” as a situation wherein the proposed premises for an ABC off -sale license is located in an area where any of the following conditions exist: a) The premises is located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. b) The ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises is located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises is located. 3. BPC Sections 23958 et seq. set forth provisions for the issuance of ABC licenses in locations subject to undue concentration if the local governing body determines that public convenience or necessity would be served by such issuance (“PCN finding”). 4. On January 17, 2006, the City Council adopted Resolution No. 2006-04, delegating the authority to the Planning Commission to determine whether a PCN finding can be made to warrant the issuance of ABC licenses. 5. The issuance of the requested license would result in undue concentration in that the Premises is located within a crime reporting district that has a 20 percent or greater number of reported crimes than the average as prescribed under BPC Section 23958.4(a). 4.2.a Packet Pg. 20 2 PC Resolution No. 2023-XX 6. On May 9, 2023, the Planning Commission considered the applicant’s request for a PCN finding prior to the adoption of this Resolution. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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; 2. The Planning Commission hereby finds that the finding of public convenience or necessity and subsequent issuance of the ABC license to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (existing facilities) of the CEQA Guidelines. The Premises from which the ABC license would authorize the sale of alcoholic beverages, is an existing tenant suite. No modifications are proposed to the suite, other than interior tenant improvements. Therefore, no further environmental review is required; 3. Based on the facts and conclusions set forth herein, the Planning Commission hereby finds as follows: a) The Premises is located within the C-3 zoning district, where the sale of alcoholic beverage for offsite consumption is a permitted use. b) The Premises is located within the Los Angeles County Law Enforcement Reporting District 2922. Diamond Bar is nationally recognized for being one of the safest cities in the country. The Los Angeles County Sheriff’s Department (LASD) Diamond Bar/Walnut Station has confirmed that Reporting District 2922 is not a “high crime” area by any metric used by the LASD. Moreover, the census tract/reporting district encompasses more than 550 acres and is bounded by Grand Avenue, the 57/60 Freeway and Diamond Bar Boulevard, is characterized by high traffic counts, and reaches into the City’s busiest commercial areas. The number of “reported crimes” (a broad category) is already relatively low, especially given the reporting district’s geographic characteristics, so a 20 percent increase above the average is in reality a small number. c) A total of 14 ABC Type 21 licenses have been issued to retail businesses throughout Diamond Bar, including three located in nearby commercial shopping centers at the intersection of Grand Avenue and Diamond Bar Boulevard. These include two supermarkets (Albertsons and Walmart Neighborhood Market), and specialty retailer Mike’s Tobacco & Liquor. There are no alcoholic beverage retailers within the commercial shopping center where Feng Fine Wine & Spirits is proposing to locate. Denial of the requested ABC Type 21 license would: 1) place the commercial center at a competitive disadvantage with nearby 4.2.a Packet Pg. 21 3 PC Resolution No. 2023-XX commercial centers at the corner of Grand Avenue and Diamond Bar Boulevard; 2) limit pricing and selection comparison opportunities for Diamond Bar residents; and 3) be inconvenient for Diamond Bar residents who choose to shop at stores within the subject commercial center, but then must drive to another commercial center for alcoholic beverage purchases. d) ABC will impose and monitor compliance with conditions of licensure as it does with any other ABC license. Adherence to ABC’s conditions of licensure will safeguard the community from the potential negative effects of consumption of alcoholic beverages. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Diamond Bar Town Center, LLC, 6621 E. Pacific Coast Hwy #270, Long Beach, CA 90803, and applicant, Jianna Feng, 1917 Denton Avenue, Apt B, San Gabriel, CA 91776. APPROVED AND ADOPTED THIS 9TH DAY OF MAY 2023, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ William Rawlings, Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 9th day of May 2023, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ______________________________________ Greg Gubman, Secretary 4.2.a Packet Pg. 22 North4.2.bPacket Pg. 23 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: May 9, 2023 CASE/FILE NUMBER: Development Review and Minor Conditional Use Permit No. PL2022-117 PROJECT LOCATION: 22432 Falconburn Way Diamond Bar, CA 91789 (APN 8293-013-016) GENERAL PLAN DESIGNATION: ZONING DISTRICT: Low-Medium Residential (RLM) Low Density Residential (RL) PROPERTY OWNER: Rohit Patel 22432 Falconburn Way Diamond Bar, CA 91765 APPLICANT: Aamir Raza Syed Raza & Associates, Inc. 12600 Central Ave Chino, CA 91710 SUMMARY: The applicant is proposing the following improvements to an existing 1,701 square -foot, one-story single-family residence: • A 229 square-foot one story addition and 953 square-foot second story addition; • Addition of a 102 square-foot front porch; • Interior remodel in conjunction with the new construction; and • Addition of 153 square feet to a 65 square-foot detached patio cover in the rear yard. A Minor Conditional Use Permit is concurrently requested to allow the continuation of the following nonconforming development features: • 5’-9” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side are required); and CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 24 Development Review and Minor Conditional Use Permit No. PL2022-117 Page 2 of 10 • 13’-4” distance between adjoining structures (where 15 feet is required). RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving Development Review and Minor Conditional Use Permit No. PL2022-117, based on the findings of Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.56, subject to conditions. BACKGROUND: The subject property is an 8,314 square-foot parcel located on the south side of Falconburn Way, between Blenbury Way and Maple Hill Road. The property was developed in 1977 under Los Angeles County standards with a 1,463 square -foot, one- story, single-family residence with a 450 square-foot attached garage. On February 9, 2010, the Planning Commission approved a 238 square-foot addition at the front of the home. The property is legally described as Lot 82 of Tract No. 31038, and the Assessor’s Parcel Number (APN) is 8293-013-016. Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning District Land Use Site Low-Medium Density Residential RL Single Family Residential North Low-Medium Density Residential RL Single Family Residential South Low-Medium Density Residential RL Single Family Residential East Low-Medium Density Residential RL Single Family Residential West Low-Medium Density Residential RL Single Family Residential 7.1 Packet Pg. 25 Development Review and Minor Conditional Use Permit No. PL2022-117 Page 3 of 10 Existing Residence Site (Plan View) Aerial 7.1 Packet Pg. 26 Development Review and Minor Conditional Use Permit No. PL2022-117 Page 4 of 10 Adjacent Property to the East Adjacent Property to the West Project Description The existing 1,701 square-foot, one-story home consists of common areas (family room, living room and kitchen), a prayer room, two bedrooms, three b athrooms, and a two-car garage. There is an existing permitted 65 square-foot detached patio cover in the rear yard. The applicant proposes to add 229 square feet to the first floor consisting of a new foyer and a 953 square-foot second story consisting of two bedrooms with bathrooms and an office. The project also includes a 102 square-foot front porch, and the existing detached patio cover in the rear yard is proposed to be enlarged to 218 square feet. If 7.1 Packet Pg. 27 Development Review and Minor Conditional Use Permit No. PL2022-117 Page 5 of 10 the project is approved and constructed, the residence will have a total of four bedrooms, one prayer room, one office and five bathrooms. The height of the existing house is 15'-3". The proposed addition will increase the height to 24'-5". The existing residence has side setbacks of 5’-9” and 7’ (where 5 feet on one side and 10 feet on the other side are required) and 17’-8” and 13’-4” distances between the neighboring houses (where 15 feet is required). Because the setbacks building separations do not fully conform to today’s development standards, the residence is classified as a “nonconforming structure” pursuant to DBMC Section 22.68.030. The proposed project consists of the following components: PROJECT SUMMARY (square footage) Living Area o Existing First Floor o New Addition on First Floor o New Addition on Second Floor 1,701 229 953 2,883 Garage o Existing 469 469 Balcony/Porch/Patio Areas o Existing Patio Cover 65 o Addition to Patio Cover 153 o New Front Porch 102 320 TOTAL FLOOR AREA 3,672 Site and Grading Configuration: The property is a rectangular-shaped lot. The existing house is situated on a leveled pad. The addition is proposed above the west side of the existing first floor of the home. Therefore, no grading is required for the proposed addition. Architectural Features, Colors, and Materials: The home is a 1970s-era tract home that was updated in 2010 with asphalt shingle roofing, neutral -toned stucco walls, stucco window trim, and stone veneer. The applicant is proposing to retain the overall style by utilizing the same building materials, colors and white vinyl windows with stucco trim on the addition to match the existing residence. The 5:12 hipped r oof on the addition will be integrated with the existing residence. 7.1 Packet Pg. 28 Development Review and Minor Conditional Use Permit No. PL2022-117 Page 6 of 10 Landscaping: Landscape plans are not required because the site is already developed, and because the project is exempt from the City’s Water Efficient Landscaping Ordinance. The ordinance would only apply if new or rehabilitated landscaping of 500 square feet or more was being installed or altered. However, landscaping that is damaged during construction will need to be restored upon project completion. No existing trees will be removed. Staff observed that the landscaping on the rear yard slope is in poor condition. Therefore, a condition has been added to the draft resolution to relandscape the slope which shall be verified at the time of final inspection. ANALYSIS: Review Authority (DBMC Sections 22.48 and 22.56) The proposed project requires Planning Commission review and approval of two entitlement applications: Development Review (DR) and a Minor Conditional Use Permit (MCUP). The analysis that follows provides the basis for staff’s recommendation to approve the DR and MCUP applications. Development Review (DBMC Section 22.48) Additions which are equal to or greater than 50 percent of the existing habitable floor area of all existing structures on site, or substantially change the appearance of an existing residence require Planning Commission approval of a DR application. Development Review approval is required to ensure compliance with the City’s General Proposed Front Elevation 7.1 Packet Pg. 29 Development Review and Minor Conditional Use Permit No. PL2022-117 Page 7 of 10 Plan policies and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. As stated in Section 22.48.010 of the Development Code, the Development Review process was established to ensure that new development and additions to existing development are consistent with the General Plan “through the promotion of high functional and aesthetic standards to complement and add to the economic, physical, and social character” of Diamond Bar. Development Standards: The following table compares the proposed project with the City’s development standards for residential development in the RLM zone: Development Feature Residential Development Standards Current Proposed Meets Requirements Front Setback 20 feet 25 feet 25 feet Yes Side Setbacks 5 feet on one side, 10 feet on the other 7 feet – east side 5’-9 – west side 7 feet – east side 5’-9 – west side No* Side Yard Minimum Between Adjoining Structures 15 feet 17’-8” – east side 13’-4” – west side 17’-8” – east side 13’-4” – west side No* Rear Setback 20 feet 20 feet 20 feet Yes Lot Coverage Maximum of 40% 26% 33% Yes Max. Building Height 35 feet 15’-3” 24’-5” Yes Parking 2-car garage 2-car garage 2-car garage Yes *Minor Conditional Use Permit is requested to allow the continuation of a nonconf orming structure because the addition is greater than 50 percent of the existing home and not limited to the ground floor. See MCUP discussion below. Minor Conditional Use Permit An MCUP is required if a change or expansion of a nonconforming structure is greater than 50 percent of the existing square footage of all structures on site, or if the addition is not limited to the ground floor. As stated, the existing residence has the following nonconforming setbacks: • 5’-9” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side are required); and • 13’-4” distance between adjoining structures (where 15 feet is required). The proposed addition is located on the west side, above the existing footprint of the home and does not further encroach into any of the setbacks or distances to adjoining structures. 7.1 Packet Pg. 30 Development Review and Minor Conditional Use Permit No. PL2022-117 Page 8 of 10 The City supports homeowners’ efforts to make appropriate improvements to their properties, and recognizes that reasonable accommodations should be made to permit additions and alterations to nonconforming structures. The MCUP process is the tool used to consider such accommodations, subject to the findings set forth in the Development Code. MCUPs are normally subject to approval of the City’s Hearing Officer (typically the Community Development Director). However, because this MCUP is being reviewed as part of a DR application, both land use entitlements are subject to review and approval of the Planning Commission. Staff believes that approving the MCUP as described above is appro priate and compatible with other residences in the neighborhood, based on the following facts and observations: • The existing dwelling was built in 1977, prior to the incorporation of the City of Diamond Bar; • The proposed addition complies with the required front setback and does not further encroach into the existing nonconforming side setbacks and distances to adjoining structures; • The proposed second floor addition is located above the existing residence; and • Neighboring properties have similar nonconform ing side and rear setbacks as well as distances to adjoining structures, so the proposed project will remain consistent with other homes within the neighborhood. Compatibility with Neighborhood The project is designed to be compatible with the existing homes in the neighborhood by maintaining the mass, scale and rhythm of the streetscape. The massing of the building is softened by creating articulation of the front façade through recesses of the second story addition and projection of the front entry porch. Exterior architectural forms and construction materials of the addition will match the existing structure. The addition will thus be integrated into the existing home and will not negatively impact the look and character of the neighborhood. Based on the foregoing, staff finds that the project follows the principles of the City’s Residential Design Guidelines as follows: • The addition will conform to all development standards, including building height, lot coverage and setbacks (with the exception of the existing nonconforming setback and distances to adjacent structures) which is consistent with other homes in the neighborhood; • A gradual transition between the addition and existing residence is achieved through appropriate setbacks, building height and window and door placement; • The addition is appropriate in mass and scale to the site; 7.1 Packet Pg. 31 Development Review and Minor Conditional Use Permit No. PL2022-117 Page 9 of 10 • Elevations are treated with detailed architectural elements; • Large expanses without windows or doors are avoided; • Roof type and pitch of the addition matches the primary structure; and • The addition is visually integrated with the primary structure, by utilizing similar colors and materials, such as beige stucco finish, white vinyl windows with stucco trim, and stone veneer throughout the addition. Privacy The subject property is at a higher grade than to the properties to the south on Mountain Laurel Way. Two windows are proposed at the second floor of the bedroom and office, which may have views towards the rear yard of the property to the south (22411 Mountain Laurel Way). The applicant has tried to contact this property owner and learned from the owner’s daughter that they are currently out of the country and she was unaware of their return date. Additionally, the applicant contacted both neighbors to the east and west of the project (22426 Falconburn Way and 22438 Falconburn Way). According to the letters provided, it does not appear that these neighbors have objections to the proposed project. Furthermore, both of these properties are already developed with two-story homes. As such, privacy should not be a concern for the properties to the east and west. Additional Review The Public Works Department and Building and Safety Division reviewed this project, Adjacent Property to North Aerial View Looking North 7.1 Packet Pg. 32 Development Review and Minor Conditional Use Permit No. PL2022-117 Page 10 of 10 and their comments are included in the attached resolut ion as conditions of approval. NOTICE OF PUBLIC HEARING: On April 25, 2023, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site and the notice was published in the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's designated community posting sites. Public Comments Received No comments have been received as of the publication date of this report. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2023-XX, Standard Conditions of Approval B. Site Plan, Floor Plan, Elevations, and Roof Plan C. Color and Material Board 7.1 Packet Pg. 33 PLANNING COMMISSION RESOLUTION NO. 2023-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL2022-117 TO ENLARGE AND REMODEL AN EXISTING SINGLE-FAMILY RESIDENCE AT 22432 FALCONBURN WAY, DIAMOND BAR, CA 91765 (APN 8293-013- 016). A. RECITALS 1. The property owner, Rohit Patel, and applicant, Aamir Raza, have filed an application requesting that the Planning Commission grant the following approvals at 22432 Falconburn Way: (a) Development Review approval to construct a 229 square-foot one story addition, 953 square-foot second story addition, 102 square-foot front porch, interior remodel, and addition of 153 square feet to a 65 square- foot detached patio cover at the rear yard of an existing 1,701 square-foot single-family residence on an 8,314 square-foot lot. (b) A Minor Conditional Use Permit to allow the continuation of an existing nonconforming structure with 5’-9” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side are required) and 13’-4” distance between adjoining structures (where 15 feet is required). Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Proposed Project." 2. The subject property is made up of one parcel totaling 8,314 gross square feet (0.19 gross acre). It is located in Low Density Residential (RL) zone with an underlying General Plan land use designation of Low Medium Residential. 3. The legal description of the subject property is Lot 82 of Tract No. 31038, and the Assessor’s Parcel Number (APN) is 8293-013-016.9. 4. On April 25, 2023, public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site. On April 28, 2023, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. Also, public notices were posted at the project site and the City’s designated community posting sites. 5. On May 9, 2023, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 7.1.a Packet Pg. 34 2 PC Reso 2023-XX 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(e) (additions to existing structures) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 22.48, 22.56, and 22.68, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48.040) 1. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The design of the Project is consistent with the applicable elements of the City’s General Plan, City Design Guidelines and development standards. The City’s General Plan Policy CC-G-4 requires the preservation of the scale and character of existing residential neighborhoods and ensure sensitive transitions between densities and uses. The Project is designed to be compatible with the existing homes in the neighborhood by maintaining the mass, scale and rhythm of the streetscape. The massing of the building is softened by creating articulation of the front façade through recesses of the second story addition and projection of the front entry porch. Exterior architectural forms and construction materials of the addition will match the existing structure. A gradual transition between the Project and adjacent uses is achieved through appropriate setbacks, building height, and window and door placement. The addition complies with the City’s Design Guidelines where architectural design should focus on the development of a high -quality residential environment that considers compatibility with surrounding character, including harmonious building style, form, size, color, material, and roofline [City’s Design Guidelines B. Architecture (1)]. This is achieved through appropriate building scale, proportions and matching the existing building materials with asphalt shingle roofing, neutral- toned stucco walls, white vinyl windows with stucco window trim, and stone veneer. The Project complies with all development standards of the Low Residential zoning district such as building height, lot coverage and setbacks (with the exception of the existing nonconforming setback and distance to adjacent structures). The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 7.1.a Packet Pg. 35 3 PC Reso 2023-XX 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed addition will not interfere with the use and enjoyment of neighboring existing or future developments because the use of the project site is designed for a single-family home and the surrounding uses are also single - family homes. The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single-family home because it complies with the requirements for driveway widths and complies with the required off-street parking spaces. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development Review Standards, the City’s Design Guidelines, the City's General Plan, or any applicable specific plan. The City’s General Plan Policy LU-P-56 requires that residential development be compatible with the prevailing character of the surrounding neighborhood in terms of building scale, density, massing, and design. The City’s General Plan Goal CC-G-4 also requires the preservation of the scale and character of existing residential neighborhoods and ensure sensitive transitions between densities and uses. The City’s Design Guidelines Architecture (1) requires compatibility with the surrounding character including harmonious building style, form, size, color, material and roofline. The Project will not be intrusive to neighboring homes to the east and west since the applicant has obtained authorization from these adjacent neighbors regarding any potential privacy concerns that may be caused by the proposed second-story addition. The applicant made an effort to contact the adjacent neighbor to the south but was not able to reach them. The height of the proposed addition will not block any views to adjacent properties. The Project will not negatively impact the look and character of the neighborhood because the architectural design is compatible with existing homes in building mass, scale, color, material, and roofline while providing an enhancement to the overall neighborhood appearance. The Project is designed to be compatible with the existing homes in the neighborhood in terms of mass and scale. Furthermore, the addition is set back and located above the footprint of the existing home. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing. The home is a 1970s-era tract home that was updated in 2010 with asphalt shingle roofing, neutral-toned stucco walls, stucco window trim, and stone 7.1.a Packet Pg. 36 4 PC Reso 2023-XX veneer. The applicant is proposing to retain the overall style by utilizing the same building materials, colors and white vinyl windows with stucco trim on the addition to match the existing residence. The 5:12 hipped roof on the addition will be integrated with the existing residence. 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and Building and Safety Division requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303(e) (additions to existing structures) of the CEQA Guidelines. Minor Conditional Use Permit Findings (DBMC Section 22.56.040) 1. The proposed use is allowed within the subject zoning dist rict with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The existing single-family dwelling is a permitted use in the RL zone. A Minor Conditional Use Permit (MCUP) is requested to allow the continuation of an existing nonconforming structure with 5’-9” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side are required); and 13’-4” distance between adjoining structures (where 15 feet is required). The preexisting substandard side setback and distance between adjoining structures renders the project nonconforming. The addition of a nonconforming structure requires approval of a Minor Conditional Use Permit because the addition is located above the first floor and is greater than 50 percent of the existing square footage of all structures on site. The proposed addition consisting of 1,182 square feet of living area complies with the development standards of the RL zone and will not further encroach into the nonconforming side setback and distance to adjoining structures. 2. The proposed use is consistent with the general plan and any applicable specific plan. The proposed addition to an existing single-family dwelling unit is consistent with the City’s adopted General Plan. The site is not subject to the provisions of any specific plan. 7.1.a Packet Pg. 37 5 PC Reso 2023-XX 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The existing single-family dwelling and the proposed addition consisting of 1,182 square feet of living area will not further encroach into the existing nonconforming side setback and distance to adjoining structures since it is located above the footprint of the existing home. The design of the proposed addition and remodel is compatible with the character of the neighborhood because the design is similar in building mass, scale, color, material, and roofline with the existing homes. Therefore, the Project is compatible with the existing and future land uses in the vicinity. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The subject site is physically suitable for the existing single -family residential dwelling and the proposed addition. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition is consistent with the development standards for the RL zone and will not further encroach into the existing nonconforming setback and distances to adjacent structures. 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. The granting of the Minor Conditional Use Permit will allow the addition of the existing single-family dwelling unit in a manner similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety, convenience or welfare. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301 (e) (additions to existing structure) of the CEQA Guidelines. Non-Conforming Structures Findings (DBMC Section 22.68.030) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 1. Incompatible with other structures in the neighborhood. The proposed addition of floor area is consistent with the development st andards for the RL zone. The Project will comply with current development standards and not further encroach into the existing nonconforming setback and distances to adjoining structures since it is located above the footprint of the existing home. 7.1.a Packet Pg. 38 6 PC Reso 2023-XX The existing and proposed land use is consistent with the surrounding land uses and structures in the neighborhood. Additionally, the neighboring properties also have nonconforming side setbacks as well as distances to adjoining structures, so the proposed project will remain consistent with other homes within the neighborhood. 2. Inconsistent with the general plan or any applicable specific plan. The proposed addition to a single-family dwelling unit is consistent with the City’s adopted General Plan. The site is not subject to the provisions of any specific plan. 3. A restriction to the eventual/future compliance with the applicable regulations of this Development Code. The existing and proposed land use is consistent with the surrounding land uses with similar side setbacks and distances to adjacent structures. The proposed addition of floor area is consistent with the development standards for the RL zone and will not encroach into the existing nonconforming setback and distances to adjacent structures. 4. Detrimental to the health, safety and general welfare of persons residing in the neighborhood. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and Building and Safety Division requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity . 5. Detrimental and/or injurious to property and improvements in the neighborhood. The addition to the existing single-family dwelling unit will be constructed in a manner similar with existing dwelling units located in the surrounding community and will not be detrimental and/or injurious to property and improvements in the neighborhood. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application, subject to the following conditions: 1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing. 2. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 3. Prior to final inspection, relandscape the rear yard slope in compliance with DBMC Section 22.34.030 (d): Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained 7.1.a Packet Pg. 39 7 PC Reso 2023-XX in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Rohit Patel, 22432 Falconburn Way, Diamond Bar, CA 91765, and applicant, Aamir Raza, Syed Raza & Associates, Inc., 12600 Central Ave, Chino, CA 91710. APPROVED AND ADOPTED THIS 9TH DAY OF MAY 2023, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ William Rawlings, Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 9th day of May 2023, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ______________________________________ Greg Gubman, Secretary 7.1.a Packet Pg. 40 8 PC Reso 2023-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Conditional Use Permit Planning Case No. PL2022-117 SUBJECT: To construct a 229 square-foot one story addition, 953 square-foot second story addition, 102 square-foot front porch, interior remodel, and addition of 153 square feet to a 65 square-foot detached patio cover at the rear yard of an existing 1,701 square -foot single-family residence on an 8,314 square-foot lot. A Minor Conditional Use Permit is requested to allow the continuation of an existing nonconforming structure with 5’-9” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side is re quired) and 13’-4” distance between adjoining structures (where 15 feet is required). OWNER: Rohit Patel, 22432 Falconburn Way, Diamond Bar, CA 91765 APPLICANT: Aamir Raza, Syed Raza & Associates, Inc., 12600 Central Ave, Chino, CA 91710 LOCATION: 22432 Falconburn Way, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. I. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review and Minor Conditional Use Permit No. PL2022-117 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 7.1.a Packet Pg. 41 9 PC Reso 2023-XX (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review and Minor Conditional Use Permit No. PL2022-117, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License; and a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2023-XX, Standard Conditions, and all conditions of approval shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 8. All site, floor plans, roof plans, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 9. The hours during which construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work are limited to Monday through Saturday, between the hours of 7:00 a.m. and 7:00 p.m., and are not allowed at any time on Saturdays, Sundays or holidays. 7.1.a Packet Pg. 42 10 PC Reso 2023-XX 10. The property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, and Public Works Department. 12. Prior to issuance of building permits, the applicant shall record, and provide the City with a conformed recorded copy of, a Covenant and Agreement or similar document in a form approved by the City Attorney, which restricts the rental of rooms or other portions of the property under two or more separate agreements and prohibits use of the property as a boarding or rooming house, except to the extent otherwise permitted by the Diamond Bar Municipal Code or applicable state or federal law. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review and Minor Conditional Use Permit No. PL2022-117 expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). In accordance with DBMC Section 22.60.050(c), the applicant may request, in writing, a one-year time extension for Planning Commission consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the fee schedule in effect at the time of submittal. D. SITE DEVELOPMENT 1. This approval is to construct a 229 square-foot one story addition, 953 square-foot second story addition, 102 square-foot front porch, interior remodel and addition of 153 square feet to a 65 square -foot detached patio cover in the rear yard of an existing 1,701 square-foot single-family residence on an 8,314 square-foot lot at 22432 Falconburn Way, as described in the staff report and depicted on the approve d plans on file with the Planning Division, subject to the conditions listed below. 7.1.a Packet Pg. 43 11 PC Reso 2023-XX 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the Planning Commission, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the approved Development Review submittal, the plans may require further staff review and re-notification of the surrounding property owners, which may delay the project and entail additional fees. 3. To ensure compliance with the provisions of the Planning Commission approval, a final inspection is required from the Planning Division when work for any phase of the project has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection. 4. The above conditions shall run with the land and shall be binding upon all future owners, operators, or successors thereto of the property. Non - compliance with any condition of approval shall constitute a violation of the City’s Development Code. Violations may be enforced in accordance with the provisions of the Development Code. 5. Failure to comply with any of the conditions set forth above or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City’s requirement for full compliance may require minor corrections and/or complete demolition of a non-compliant improvement, regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. 6. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division, the conditions contained herein, and the Development Code regulations. 7. All ground-mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 8. All roof-mounted equipment shall be screened from public view. 9. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 7.1.a Packet Pg. 44 12 PC Reso 2023-XX 10. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to ensure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. II. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Conditions: 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e., 2022 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for CAL Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CAL Green Code. Plan Check – Items to be addressed prior to plan approval: 3. The minimum design load for wind in this area is 110 M.P.H. exposures “C” and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k). 5. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(o). 7.1.a Packet Pg. 45 13 PC Reso 2023-XX 6. New gas appliances shall be designed to be electric ready per CA Energy Code 150.0(t) to (v). 7. Design for future energy storage system shall be provided including 225 busbar rating of panel per CA Energy Code 150.0(s). 8. Light and ventilation shall comply with CBC 1203 and 1205. Artificial light and ventilation shall be designed by a licensed design professional. 9. Design for future electric vehicle charging shall be provided consistent with CAL Green 4.106.4. Permit – Items required prior to building permit issuance: 10. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 11. Prior to building permit issuance, all school district fees shall be p aid. Please obtain a form from the Building and Safety Division to take directly to the school district. 12. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 13. All workers on the job shall be covered by workman’s compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. Construction – Conditions required during construction: 14. Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one year after permit issuance, and if a successful inspection has not been obtained from the building official within one-hundred- eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 15. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 16. Existing fencing shall remain in-place during construction including pool barrier fencing. Any alteration of the fencing may result in a discontinuation of construction until the fences are returned to its original state. 7.1.a Packet Pg. 46 14 PC Reso 2023-XX 17. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6’ high fence. 18. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces. 19. The applicant shall contact Dig Alert and hav e underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 20. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 21. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 22. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 23. Drainage patterns shall match the approved grading/drainage plan from the Public Works/Engineering Department. Surface water shall drain away from the building at a 2% minimum slope. The final as-built conditions shall match the grading/drainage plan or otherwise approved as-built grading/drainage plan. 24. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 25. All plumbing fixtures, including those in existing areas, shall be low-flow models consistent with California Civil Code Section 1101.1 to 1101.8. END 7.1.a Packet Pg. 47 7.1.bPacket Pg. 48 7.1.bPacket Pg. 49 7.1.bPacket Pg. 50 7.1.bPacket Pg. 51 7.1.bPacket Pg. 52 7.1.bPacket Pg. 53 Windows Manufacturer: Milgard Dual Pane / Low-E / Vinyl Color: White Fascia Manuf: Dunn Edwards Model No.: Color: White Exterior Doors Manufacturer: Jeld-Win Model No.: Wood Color: Medium Stain Door/Win Surrounds Manufacturer: La Habra Model No.: 278 Color: Trabuco Cultured Stone Manufacturer: Boral Model: Country Ledge Color: Match exist. Stucco Finish Manufacturer: La Habra Model No.: 53 Color: Pure Ivory/Match Exist Roof Material Manufacturer: Owens Corning Model No.: 3702 Color: Match Exist. MATERIAL BOARD PATEL RESIDENCE 22432 FALCONBURN WAY DIAMOND BAR, CA 91765 SYED RAZA ASSOCIATES, INC. 12600 CENTRAL AVE. CHINO, CA 91710 TEL: (909) 591-7441 7.1.c Packet Pg. 54 Project Status Report CITY OF DIAMOND BAR May 9, 2023 COMMUNITY DEVELOPMENT DEPARTMENT LEGEND PH = PUBLIC HEARING AP = ASSIGNED PLANNER PC = PLANNING COMMISSION CC = CITY COUNCIL PROPERTY LOCATION PLANNING COMMISSION REVIEW File # AP Applicant PC 5/9/23 CC 5/16/23 PC 5/23/23 CC 6/6/23 PC 6/13/23 CC 6/20/23 22432 Falconburn Way (Addition to single family residence) DR, MCUP PL2022-117 MN Aamir Raza PH 1155 S. Diamond Bar (Public convenience and necessity determination for liquor store) PCN, PL2023-14 DT Jianna Feng X CIP Fiscal Year 2023-2024 GL City X ADMINISTRATIVE REVIEW Property Location AP Applicant None PENDING ITEMS Property Location File # AP Applicant Status 1625 Bears Den Rd. (Addition to single family residence) DR PL2021-01 DT Pete Volbeda Fourth incomplete letter sent 5/2/2023 – waiting for additional information 22307 Broken Twig (New Single-Family Residence) DR PL2023-6 MN Jacqueline Hsu Under Review 1198 Chisolm Trail Dr. (New single-family residence) DR PL2021-51 DT Michael Wu Under Review 1200 Chisolm Trail Dr. (New single-family residence) DR PL2023-5 DT James Coane First incomplete letter sent 3/21/23 – waiting for additional information 2725 Clear Creek (New Single-Family Residence) DR PL2022-74 DT Diane Shi First incomplete letter sent 9/15/22 – waiting for additional information 21349 Cold Spring Lane (Pilates Studio) CUP PL2022-32) JT Roger Chan Under Review 1519 Derringer Lane (New Single-Family Residence) DR PL2022-112 DT David Senft Second incomplete letter sent 5/3/23 – waiting for additional information 2001 Derringer Lane (2-lot subdivision) TPM 83036/DR PL2021-46 MN Gurbachan S. Juneja Third incomplete letter sent 11/09/22 – waiting for additional information Development Code Amendment (Code cleanup) DCA PL2022-59 MN/GL City of Diamond Bar Under Review 9.1 Packet Pg. 55 Project Status Report CITY OF DIAMOND BAR Page 2 May 9, 2023 PENDING ITEMS (continued) Property Location File # AP Applicant Status 2845 Diamond Bar Blvd. (Renovation of car wash) DR CUP PL2023-15 MN Jeff Liederman First incomplete letter sent 4/21/23 – waiting for additional information 22432 Falconburn Way (Addition to single family residence) DR PL2022-117 MN Rohit Patel Under Review Gentle Springs Ln. and S. Prospectors Rd. GPA, ZC, VTTM, DR PL2021-23 GL Tranquil Garden LLC First incomplete letter sent 4/16/21 – waiting for additional information 2234 Indian Creek Rd. (New single-family residence) DR PL2020-159 MN Jeffrey Sun Second incomplete letter sent 9/30/21 – waiting for additional information 22909 Lazy Trail Rd. (Addition and remodel to single family residence) DR, MCUP PL2021-05 DT Walt Patroske Fifth incomplete letter sent 5/1/23 - waiting for additional information 24167 Lodge Pole Road (Addition to single family residence) DR PL2023-10 DT Soledad Corona First incomplete letter sent 4/13/23 – waiting for additional information 2235 Morning Canyon Rd. (20-unit condos) TTM 83836, DR, TP PL2022-89 MN Samir M. Khoury Second Incomplete Letter Sent 04/28/23 – waiting for additional information 23901 Ridge Line (2-lot Subdivision) TPM PL2022-119 DT Pete Volbeda First incomplete letter sent 1/26/23 – waiting for additional informatin Walnut Valley Unified School District (Billboard Ordinance) PL2021-43 DT/GL WVUSD Under Review 9.1 Packet Pg. 56 CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, Stella Marquez, Administrative Coordinator for the City of Diamond Bar, CA, declare as follows: I hereby certify, under penalty of perjury under the laws of the State of California that on May 4, 2023, 1 posted the May 91 2023, Planning Commission Agenda, pursuant to Government Code Section 54950 et.seq., at the following locations: SCAQMD/Government Center, 21865 Copley Drive, Diamond Bar, CA Heritage Park, 2900 Brea Canyon Road, Diamond Bar, CA Diamond Bar City Hall, 21810 Copley Drive, Diamond Bar, CA City website: www.diamondbarca.gov Diamond Bar Library, 21800 Copley Drive, Diamond Bar, CA Executed on May 4, 2023, at Diamond Bar, California. Stella Marquez Community Development Dept. g1\s\afRdavitPostingdoc