HomeMy WebLinkAboutPlanning Commission Agenda 7-27-07.pdfLANNING
COMMISSION FILE COPY
STUDY SESSION — 6:00 P.M.
South Coast Air Quality Management District/
Government Center - Conference Room CC -8
21865 Copley Drive
REGULAR MEETING — 7:00 P.M.
South Coast Air Quality Management District/
Government Center - Auditorium
21865 Copley Drive
Copies of staff reports
I
or other written documentation relating to agenda items are on file in the Planning
Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are
available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030
during regular business hours.
In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of
Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community &
Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium and encourages you to do the same
Steve NelsonChairman
Vice Chairman Tony Torng
Commissioner Kwang Ho Lee
Commissioner Kathleen Nolan
Commissioner Osman Wei
Copies of staff reports
I
or other written documentation relating to agenda items are on file in the Planning
Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are
available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030
during regular business hours.
In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of
Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community &
Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium and encourages you to do the same
Next Resolution No. 2007-11
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, February 27, 2007
AGENDA
STUDY SESSION: South Coast Air Quality Management District
Conference Room CC -8, 21865 Copley Drive, Diamond Bar, CA
CALL TO ORDER: 6:00 p.m.
0 Power Point presentation by City Manager regarding future annexation
development proposals.
PUBLIC COMMENTS
ADJOURNMENT:
REGULAR MEETING South Coast Air Quality Management District Auditorium
21865 Copley, Diamond Bar, CA
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman
Tony Torng, Kwang Ho Lee, Kathleen Nolan, Osman Wei
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non -agenda items. Please complete a
SDeakers Card for the recordinq Secretary (Completion of this form is voluntary.)
There is a five-minute maximum time limit when addressing the Planning Commission.
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The followingitems 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.
4.1 Minutes of Regular Meeting: February 13, 2007.
FEBRUARY 27, 2007 PAGE 2 PLANNING COMMISSION
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Conditional Use Permit No. 2006-11 and Development Review No. 2006-32
In accordance with code Sections 22.58 and 22.48 of the City of Diamond Bar
Development Code, the applicant has requested approval of Conditional Use
Permit No. 2006-11 and Development Review No. 2006-32 for a proposed
project involving an approximately 19,000 -square -foot addition to an existing
church and conceptual approval of future phases to include a 60,000 -square -
foot parking structure and 17,000 -square -foot bookstore/sanctuary building.
Project Address: 22324 Golden Springs Drive
Property Owner: Hidden Manna
22324 Golden Springs Dr.
Diamond Bar, CA 91765
Applicant: Dale Goddard
Calvary Golden Springs
22324 Golden Springs Dr.
Diamond Bar, CA 91765
Environmental Determination: On June 29, 2004, the City Council approved
and certified an Addendum to the previously certified Environmental Impactmpact
Report. It is determined that no new environmental issues have been identified
and that none of the elements set forth in Public Resource Code Section 21166
or Section 15162 of the CEQA Guidelines exists, therefore, no subsequent or
supplemental Environmental Impact Report or Mitigated Negative Declaration is
required to be prepared.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit No. 2006-11 and Development Review No. 2006-32,
Findings of Fact, and conditions of approval as listed within the draft resolution.
7.2 Development Review No. 2006-43 — In accordance to Code Section 22.48 of
the Diamond Bar Development Code, the applicant has requested Development
Review for an existing learning center for kindergarten to eighth grade. The
Development Review approval is required because the approval of a proposed
learning center is considered an intensification of use.
FEBRUARY 27, 2007 PAGE 3 PLANNING COMMISSION
Project Address: AP Learning Center, 1019 Via Sorella Street
Property Owner/ Ying Akkos
Applicant: 1019 Via Sorella Street
Diamond Bar, CA 91765
Environmental Determination: In accordance to the provisions of the
California Environmental Quality Act (CEQA), Section 15303(c), the City has
determined that this project is categorically exempt.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2006-43, Findings of Fact, and conditions of approval
as listed within the draft resolution.
8. PLANNING COMMISSION COMMENTS /INFORMATIONAL ITEMS:
9. STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
10. SCHEDULE OF FUTURE EVENTS:
L.A. COUNTY HOUSEHOLD
HAZARDOUS WASTE
E -WASTE ROUND UP:
CITY COUNCIL MEETING:
TRAFFIC AND
TRANSPORTATION
COMMISSION MEETING
PLANNING COMMISSION
MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
11. ADJOURNMENT:
Saturday, February 24, 2007
9:00 a.m. — 3:00 p.m.
Gateway Corp. Ctr., 1300 Block of
Bridge Gate Dr.
Tuesday, March 6, 2007 - 6:30 p.m.
SCAQMD/Government Center Auditorium
21865 Copley Drive
Thursday, March 8, 2007 — 7:00 p.m.
SCAQMD/Government Center Hearing
Board Room —' 21865 Copley Drive
Tuesday, March 13, 2007 — 7:00 p.m.
SCAQMD/Government Center Auditorium
21865 Copley Drive
Thursday, March 22, 2007 — 7:00 p.m.
SCAQMD/Government Center Hearing
Board Room — 21865 Copley Drive
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 13, 2007
rq_1995- -
Acting Chairperson Nolan called the meeting to order at 7:03 p.m. in the South Coast Air
Quality Management District/Government Center Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: . Commissioner Lee led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Osman Wei, and Acting
Chairperson Kathleen Nolan
Absent: Vice Chairman Tony Torng and Chairman Steve Nelson
were excused.
Also present: Nancy Fong, Community Development Director; Ann
Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney, L * inda Smith,
Development Services Associate and Stella Marquez, Senior Administrative
Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3 APPROVAL OF AGENDA: As Submitted
4 CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of February 13, 2007.
C[Wei moved, C/Nolan seconded to approve the Minutes of February 13,
2007, as presented. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
5. OLD BUSINESS: None
Wei, AChair/Nolan
None
Lee
VC/Torng, Chair/Nelson
R
7.
NEW BUSINESS:
PLANNING COMMISSION
7.1 Conditional Use Permit No. 2004-17(2) and Tree Permit No. 2004-10 — in
accordance to Sections 22.48 and 22.66.050 of the Diamond Bar Municipal
Code, the applicant requested a one-year extension of time approval to
begin construction on the previously approved application to construct an
approximate 1,382 square foot two-story addition with 990 square foot two-
story balcony and patio cover colonnade in the rear of an existing single-
family residence. The request also included the removal and replacement of
protected/preserved oak and walnut trees to grade and construct the series
of retaining walls in areas of varying topography from two to seven feet
exposed height. The grading and walls create a new pad for a basketball
court, swimming pool and spa. Staffs Development Review No. 2004-17(1)
approval deleted the guesthouse on November 18, 2005.
FWAINN111110"WA21
2800 Steeplechase Lane
Diamond Bar, CA 91765
Robert and Mary Chang
2800 Steeplechase Lane
Diamond Bar, CA 91765
Kent Wu
1274 E. Center Court Drive #211
Covina, CA 91724
And
Focus Engineering, Inc.
25 Mauchly #317
Irvine, CA 92618
DSA/Smith presented staffs report and recommended Planning Commission
approval of a one-year extension for Development Review No. 2004-17(2)
and Tree Permit No. 2004-10, Findings of Fact, and conditions of approval
as listed within the resolution.
AC/Nolan opened the public hearing.
FEBRUARY 13, 2007 PAGE 3 PLANNING COMMISSION
Kent Wu, applicant requested the Planning Commission approve the one-
year extension and offered to answer questions.
AC/Nolan closed the public hearing.
C/Lee moved, C/Wei seconded to approve a one-year extension for
Development Review No. 2004-17(2) and Tree Permit No. 2004-10, Findings
of Fact, and conditions of approval as listed within the resolution. Motion
carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Wei, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
7.2 Conditional Use Permit No. 2006-16 and Development Review
No. 2006-36 — In accordance to Sections 2258, 22.48 and 22.42 of the
Diamond Bar Municipal Code, this was a request to install and co -locate a
wireless telecommunications facility #LA0454A with six antenna mounted on
a new structurally modified park light pole consistent with the City Council's
Capital Improvement Project (CIP) for Sports Field Lighting at Peterson Park
and to construct an enclosed equipment building to match existing park
facilities.
PROJECT ADDRESS: Peterson Park
24142 E. Sylvan Glenn Road
Diamond Bar, CA 91765
PROPERTY OWNER: City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
APPLICANT: Royal Street Communications
c/o Core Communications
Ms. Maree Hoeger
2923 Saturn Street #A
Brea, CA 92821
DSA/Smith presented staffs report and recommended Planning Commission
approval of Conditional Use Permit No. 2006-16 and Development Review
No. 2006-36, Findings of Fact, and conditions of approval as listed within the
resolution.
FEBRUARY 13, 2007 PAGE 4
AC/Nolan opened the public hearing.
Maree Hoeger, representing the applicant, explained the project and asked
for Commission approval.
AC/Nolan closed the public hearing.
C/Wei moved, C/Lee seconded, to approve Conditional Use Permit
No. 2006-16 and Development Review No. 2006-36, Findings of Fact, and
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Wei, Lee, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
7.3 Development Review No. 2006-28 and Tree Permit NO. 2006-07 — In
accordance to Sections 22.48, 22.42 and 22.38 of the Diamond Bar
Municipal Code, this was a request to demolish an existing home of
approximately 5,000 square feet and construct a new home of approximately
23,996 square feet with four levels, a seven car garage and viewing lounge.
This request also included a tennis court, 935 square foot second house and
retaining walls not to exceed an exposed height of seven feet. The
Development Review is a design/architectural review. The Tree Permit is
required for the preservation of California pepper and walnut trees.
PROJECT ADDRESS
allmzwyfillz=
2260 Indian Creek Road
Diamond Bar, CA 91765
Mr. and Mrs. Derek Lee
2260 Indian Creek Road
Diamond Bar, CA 91765
ConDocS, Inc.
Aaron Walker
4531 Belham Court
Westlake Village, CA 91361
FEBRUARY 13, 2007 PAGE 5
nRAFT11
W Q
PLANNING COMMISSION
AssocP/Lungu presented staffs report and recommended Planning
Commission approval of Development Review No. 2 ' 006-28 and Tree Permit
No. 2006-07, Findings of Fact, and conditions of approval as listed within the
resolution.
Aaron Walker and Todd Spiegel, architects, offered to respond to
Commissioner's questions.
Mr. Walker responded to C/Wei that the square footage of the second house
was reduced to 895 square feet. C/Wei asked that a condition be added to
clarify acceptance by the adjacent neighbor of the stockpiled dirt.
AC/Nolan opened the public hearing.
Khalid Javaid, 2250 Indian Creek Road, east of the project said he was
concerned about retaining walls along the driveway area, drainage, water
runoff, erosion, noise and pollution during construction, and loss of his view
and wanted to be sure that the City had addressed these issues prior to
approval.
AC/Nolan closed the public hearing.
CDD/Fong responded to Mr. Javaid that Condition 12 of the resolution
addresses the drainage issue; Condition 10 includes strict requirements for
pollution discharge and erosion during construction. The proposed home
has two viewable levels from the street; the rear property terraces down to
reveal four levels, and Diamond Bar has no view protection ordinance. Noise
during construction is covered by a temporary condition within the resolution.
C/Loe moved, C/Wei seconded to approve Development Review
No. 2006-28 and Tree Permit No. 2006-07, Findings of Fact, and conditions
of approval as listed within the resolution with the addition of a condition to
require the recipient of the exported dirt * within the adjacent lot must obtain
the necessary permits from the City; and, with the elimination of Condition 3
on page 5. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Wei, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
ORAFL TRkA
FEBRUARY 13, 2007 PAGE 6 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTWIN FORMATIONAL ITEMS:
C/Lee expressed condolence to the family of Council Member Bob Zirbes, a great
man with deep courage and conviction of his beliefs, whom he has admired and
respected. Diamond Bar has lost a great public servant and 'human asset. He will
live in the memory of the residents and the City for years to come.
C/Wei offered his condolence to the family of Council Member Bob Zirbes and said
he admired his courage and the work he has done for the City on behalf of the
residents. He wished everyone a Happy Valentine's Day.
AC/Nolan expressed her sympathy to the Zirbes family. Bob Zirbes was a close
personal friend of hers and her husband Dan. Bob was personally responsible for
helping her and Dan, a former Planning Commissioner, to get back on track with
their volunteerism after their children were grown. Bob was dedicated in his service
to the Diamond Bar Improvement Association and in particular, Paint the Town and
Classic Car Show events. Last year she chaired the Classic Car Show to allow Bob
a respite to help him fight through his illness. ,She and others will continue to pursue
City activities, as Bob would want them to do. As such, this years proceeds will be
donated to the City of Hope in his name and the show will be dedicated to him.
9. STAFF COMMENTS/INFORMATIONAL ITEMS.
9.1 Public Hearing dates for future projects.
CDD/Fong reported that services for Bob Zirbes would be held on Friday.
Commissioners Nolan and Wei are scheduled to participate in the Planners Institute
in San Diego March 21, 22 and 23. She also believed that VC/Torng was planning
to attend and wanted to know if C/Lee would be attending. C/Lee responded that
he would not be able to attend.
CDD/Fong announced that there would be a study session on February 27. 2007, at
6:00 p.m. with CM/DeStefano reporting on potential future development in Diamond
Bar.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
R. -
FEBRUARY 13, 2007 PAGE 7 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
AC/Nolan adjourned the regular meeting at 7.43 p.m.
Attest:
Respectfully Submitted,
Nancy Fong
Community Development Director
Kathleen Nolan, Acting Chairman
0
FTTTCTAZ O 21
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 FAX (909) 861-3117
AGENDA ITEM NUMBER: 9A
MEETING DATE: February 27, 2007
CASE/FILE NUMBER: CUP 2006-11
DR 2006-32
PROJECT LOCATION: 22324 Golden Springs Dr.
APPLICATION REQUEST: Approval for a 19,702 -square -foot addition to an
existing church sanctuary building and
conceptual approval for future phases to include
a 17,000 square -foot bookstore/sanctuary
building and 60,000 -square -foot single -deck
parking structure
PROPERTY OWNERS: Hidden Manna
22324 Golden Spring Dr.
Diamond Bar, CA 91765
APPLICANT: Dale Goddard
22324 Golden Springs Dr.
Diamond Bar, CA 91765
STAFF RECOMMENDATION: Conditional approval.
I&IM" Tell] ILI I
The project is within Sub -Planning Area 1 of the Diamond Bar Village Specific Plan.
The Specific Plan shows a master plan concept of institutional use that includes the
existing church, a new bookstore, a new chapel and a new parking structure as shpwn
in attachment 3. The existing development, a.92,3301 -square -foot church building and
parking areas of 862 spaces, was approved through a conditional use permit in 1993.
The applicant's proposal includes the 19,702 square foot to the rear of the existing
church building and a master plan concept of a new 17,000 square foot bookstore and a
new 60,000 square foot parking structure for future phases. The master pan concept is
less intense than the concept in the Specific Plan.
ANALYSIS:
A. Project Description
The proposed 19,702 square feet two-story addition is located at the rear and a
portion of the west elevations of the existing church building. The addition will
provide more classrooms, offices, a musician and choir area, and storage areas.
The applicant proposes to modify the parking lot areas by removing 304 spaces
and adding 226 spaces with a total of 784 spaces provided for the site. The
parking area in front of the existing church building will be removed to provide a
courtyard area of approximately 44,000 -square feet. The courtyard area will
have amenities such as a fountain feature, decorative paving, landscaping and
benches.
In addition to the proposed expansion, the applicant requests approval of a
conceptual site plan for the two future phases listed below. Separate
Development Review application for Planning Commission review and approval
will be required for the future phase development.
A new 17,000 -square -foot two-story bookstore building to be located adjacent
to the proposed courtyard area.
A single -deck, 60,000 -square -foot parking structure to be constructed in an
area adjacent to the east of the existing church building.
B. Review Authority (Sections 22.58 and 22.48)
The proposed project requires the following applications:
A Conditional Use Permit for the addition to an existing church and the
conceptual plans for future phases.
2. A Development Review for the design review of the proposed addition.
Page 2
CUP 2006-11 & DR 2006-32,
C. Site and Surrounding General Plan, Zoning and Uses
D. Conditional Use Permit (Section 22.58)
1 Compatibility to Surrounding Uses The project site is surrounded by the
existing and planned development. To the north is the Target shopping
center, a future Chili's restaurant and a vacant parcel planned for a multi -
tenant food uses. To the east is the Brookfield Homes residential
development and to the west is the golf course and vacant open space.
To the south is open space area that provides a buffer between the church
site and the residential area. Since the institutional use was approved as
part of the Diamond Bar Village Specific Plan, the existing use, the
expansion and the future phases are compatible to the surrounding uses.
2. Operational Characteristics The church operations include the
following times and uses:
General Plan Zone Uses
Site Planning Area – 3 Specific Plan (Sub- Church E7,1
Fri.
Specific Plan Planning Area 1)
8 a.m. - 2
North GC (Golf Course) O -S (Open Space) Target, Golf course
South Planning Area – 3 Specific Plan (Sub- Residential and open
Specific Plan Planning Areas 2 & 4) space I
West Office Professional Office Business Park Vacant land, Golf
6:30 -
course
I East Planning Area – 3 Specific Plan (Sub- Brookfield Homes
Specific Plan . Planning Area 1) 1 -
D. Conditional Use Permit (Section 22.58)
1 Compatibility to Surrounding Uses The project site is surrounded by the
existing and planned development. To the north is the Target shopping
center, a future Chili's restaurant and a vacant parcel planned for a multi -
tenant food uses. To the east is the Brookfield Homes residential
development and to the west is the golf course and vacant open space.
To the south is open space area that provides a buffer between the church
site and the residential area. Since the institutional use was approved as
part of the Diamond Bar Village Specific Plan, the existing use, the
expansion and the future phases are compatible to the surrounding uses.
2. Operational Characteristics The church operations include the
following times and uses:
As expected, the most intensely used day is Sunday with both classrooms
and the sanctuary in use most of the day. Accessory uses to the main
Page 3
CUP 2006-11 & DR 2006-32,
Times and days
Room Sun. M
I
on. Tues. Wed.. ., Thurs. Fri. sat.
Sanctuary 8 a.m. - 2 9 a.m. — Not in Not in
p.m. 11 a.m. 6 - 9 p.m. 6 — 9 p.m. use use
6 - 8 p.m. 6:30 -
8:30 p.m.
Multi- 8 a.m. - 2 6-9 6-9p.m. 9- 11 a.m.
purpose p.m. p.m. 7 - 9 p.m.
room 6-8 -
p.m.
Classrooms 8 a.m. - 2 6 - 9 p.m.
p.m.
6 - 9 p.m.
Bible college 6-9 6- 9 p.m. 6- 9 p.m.
Classrooms p.m.
As expected, the most intensely used day is Sunday with both classrooms
and the sanctuary in use most of the day. Accessory uses to the main
Page 3
CUP 2006-11 & DR 2006-32,
worship services include classroom instruction for children and adults,
childcare provided during the worship services, a bible college, coffee
shop, and bookstore.
3. Parking: The existing Conditional Use Permit required the church to
provide 700 spaces. With the expans.ion,.-a total of 784 spaces will be
provided on site. The Development Code requires that parking be
provided for the addition at the rate of one space per 35 square feet of
classroom, meeting space, and worship floor area. Within the addition,
only 1572 square feet will be used for classroom space, therefore, the
parking requirements are calculated as follows:
Additional parking required 45 spaces
Existing CUP parking required 700 spaces
Total required 745 spaces
Total provided 784 spaces
It is recommended that the church be restricted to a total of 1572 square
feet of classroom area for adult- instruction within the addition during the
Sunday peak times. Additional parking will be provided for future phases
development. ,
4. Site access: Two driveways on Golden Springs Drive provide access onto
the site. One is located at the southerly property line and the other is by
way of Lavender Drive, a private street shared by the Target shopping
center. A traffic light is located at the Lavender Drive entrance that
controls traffic flow onto the project site and the adjacent Target shopping
center site.
E. Development Review (Section 22.48): The proposed project is designed
according to the applicable development standards and design guidelines
contained in the Diamond Bar Village Specific Plan and Development Code. The
following table shows the project's consistency with the applicable standards.
1. Diamond Bar Village Specific Plan Development Standards:
Development Standard Proposed Meets Requirements
Max. floor area 19,702 Yes
FAR 1.0 max. 23 Yes
Min. building front setback: 20' 400'+ Yes
Parking lot setback from Golden
Springs Dr: 20' min.
20' Yes
Maximum bldg. ht.: 50' 32' Yes
Page 4
CUP 2006-11 & DR 2006-32.
Standard Proposed Meets RequirementseDevelopment
Landscaping: 12% of site 44.50/6 Yes
5% of parking lot 6.2% Yes
Parking (1 space/35 square feet for 784 Exceeds
sanctuary, meeting rooms, and
classroom space): See above
parking analysis.
2. Pedestrian Walkway: A pedestrian walkway is proposed along northerly
side of the entry driveway off Lavender Drive. Because of the steepness
of the slope on that side, the walkway stops just before the intersection
with Lavender Drive. To encourage pedestrian circulation with the Target
site, staff is recommending a walkway connection be installed across the
driveway along the planter area by the new garden area.
3. Architectural design: The proposed design of the addition picks up the
theme established by the existing church building. It is a contemporary
style consisting of curtain walls of reflective glasses and aluminum frames.
The addition will include areas with exterior plaster punctuated with the
same glass curtain wall as the existing. The two entries proposed for the
addition on the south elevation will be sheltered by a suspended canopy.
The addition reflects the style of the existing building, but is distinguished
as a separate element through the use of a different design element.
4. Landscape: The project involves installation of new landscaping
throughout the site within the new parking lot areas and at the driveway
entrances. The driveway entrances will receive enhanced landscape
treatment with additional shrubs, groundcover and specimen -sized
California live oaks. The courtyard area will also receive landscaping
treatments in addition to hardscape and water features. The proposed
landscaping meets the required amount of landscaping that must be
provided.
3. Signage The applicant has submitted an application for a
comprehensive sign program that will be considered at a future date.
F. Conclusion:
The church is sufficiently separated from residential uses, the golf course and
adjacent commercial uses. Sufficient parking will be created on the site to
accommodate the church activities. Therefore, the site is of sufficient size to
accommodate the proposed project and will not have a negative impact on the
surrounding area.
Page 5
CUP 2006-11 & DR 2006-32,
Public hearing notices were mailed to property owners within a 700 -foot radius of the
project site and the notice was published in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a
copy of the legal notice was posted at the City's designated community posting sites.
ENVIRONMENTAL ASSESSMENT:
On June 29, 2004, the City Council approved and certified an Addendum to the
previously certified Environmental Impact Report (EIR). It is determined that no new
environmental issues have been identified and that none of the elements set forth in
Public Resource Code Section 21166 or Section 15162 of the California Environmental
Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or
Mitigated Negative Declaration is required to be prepared.
Staff recommends that the Planning Commission approve the project with conditions.
Prepared by:
Sandra Campbell
Contract Senior Planner
Attachments:
R(#iewed by:
Nancy Fong, ki
Community -,N pment Director
1 Draft resolution recommending approval of Conditional Use Permit No. 2006-11
and Development Review No. 2006-32;
2. Exhibit "A" — Site plan, conceptual landscape plan, architectural elevations, and
conceptual grading plan
3. Exhibit "B" — Diamond Bar Village Specific Plan conceptual plan
Page 6
CUP 2006-11 & DR 2006-32,
PLANNING COMMISSION
RESOLUTION NO.2007-xx
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2006-11
AND DEVELOPMENT REVIEW NO. 2006-32 TO CONSTRUCT AN
APPROXIMATELY 19,702 -SQUARE -FOOT TWO-STORY ADDITION AND
SITE IMPROVEMENTS AND CONCEPTUAL APPROVAL OF A 17,000 -
SQUARE -FOOT BOOKSTORE BUILDING AND 60,000 -SQUARE -FOOT
SINGLE -DECK PARKING STRUCTURE AT THE EXISTING CALVARY
CHAPEL LOCATED AT 22324 GOLDEN SPRINGS DRIVE (APN: 829-045-
006)
A. RECITALS
1. The applicant, Dale Goddard, has filed an application for Conditional Use
Permit No. 2006-11 and Development Review No. 2006-32, to construct an
approximately 19,702 -square -foot, two-story addition and site improvements
and conceptual approval of a 17,000 -square -foot bookstore building and
60,000 -square -foot single -deck parking structure to the existing Calvary
Chapel located at 22324 Golden Springs Drive, Diamond Bar, California.
Hereinafter in this Resolution, the subject Conditional Use Permit and
Development Review shall be referred to as the "Application."
2 Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin and public hearing
noticeswere mailed to property owners within a 700 -foot radius of the project
site. Further, a public hearing notice display board was posted at the site and
at three other locations within the project vicinity.
3 On February 27, 2007, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identified
above in this Resolution does not require further CEQA review. On June 29,
2004, the City Council approved and certified an Addendum to the previously
certified Environmental Impact Report (EIR). It is determined that no new
environmental issues have been identified and that none of the elements set
forth in Public Resource Code Section 21166 or Section 1.5162 of the
California Environmental Quality Act Guidelines exists. Therefore, no
subsequent or supplemental EIR or Mitigated Negative Declaration is
required to be prepared.
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 wildlife resources or the habitat
upon which the wildlife depends. Based upon substantial evidence, this
Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
CONDITIONAL USE PERMIT (CUP)
The proposed project is consistent with the required conditional use permit findings
contained in Section 22.58.040 of the Development Code as follows:
a) The proposed use is allowed within the subject zoning district with the
approval of a conditional use permit and complies with all other applicable
provisions of the development code and the Municipal Code.
The proposed project involves construction of an addition onto an existing
church and future construction of a single -deck parking structure and
bookstore building. As conditioned, the project complies with applicable
provisions of the Development Code, Diamond Bar Village Specific Plan and
Municipal Code. As conditioned, the project meets all the standards related
to height, setbacks, parking, circulation, and landscaping requirements.
b) The project is also consistent with General Plan Objective 3.2 that states,.
Ensure that new development, and intensification of existing development,
yields a pleasant living, working, or shopping environment, -and attracts
interest of residents, workers, shoppers and visitors as the result of
consistent exemplary design."
The proposed project is consistent with this objective in that, as conditioned,
it will result in a well-designed addition that compliments the design of the
2
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
existing building. The addition will be constructed on the rear of the existing
building and will not be visible from adjacent uses. The revised parking lot
will provide sufficient parking on-site to accommodate the project. The
project will also involve the provision of additional landscaping that will further
enhance the existing site.
c) The design, location, size, and operating characteristics of the proposed use
are compatible with existing and future land uses in the vicinity. As
conditioned, the proposed project is consistent with all applicable
development standards in the Development Code and the Diamond Bar
Village Specific Plan. The design of the addition will complement and be
compatible with the existing church facility. The additional parking demand
created by the project will be accommodated on the site with the
development of additional parking. The project is buffered from nearby
residential uses by an area designated as open space. The project will also
be compatible with the adjacent Target shopping center.
d) As referenced above in Items (a) through (c), the project 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.
e) As conditioned, the proposed project will not be detrimental to the public
interest, health, safety, convenience, or welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district. Before the
issuance of any City permits, the proposed project will be required to comply
with all conditions within the approved resolution and the Building and Safety
Division, Public Works Division, and Fire Department requirements. Through
the permit and inspection process, those 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.
The proposed project has been reviewed in compliance with CEQA and has
been found to not require further review under CEQA.
DEVELOPMENT REVIEW
The design and layout of the proposed project are consistent with the findings
required for approval of development review applications as follows:
g) As conditioned, the design and layout of the proposed project are consistent
with the general plan, development standards of the zoning district, and
design guidelines. The proposed project is consistent with the General Plan
Land Use Element Objectives 3.2 as outlined in Section (b) above. As
conditioned, the project is consistent with development standards of the
Diamond Bar Village Specific Plan. The proposed addition will complement
3
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
the existing church building and be compatible with existing surrounding
development in the quality of the design of the addition and provision of
landscaping that will enhance the site.
h) As discussed above in Items (a) through (f), the design and layout of the
proposed development will not interfere with the use and enjoyment of
neighboring existing or future development, and will not create traffic or
pedestrian hazards.
i) As discussed above in Item (c), the architectural design of the proposed
development is compatible with the characteristics of the surrounding
neighborhood and existing church building and will maintain the harmonious,
orderly and attractive development contemplated by Chapter 22.48 of the
Development Code, the Diamond Bar Village Specific Plan, the General
Plan, or City Design Guidelines.
As discussed above in Item (f), the design of the proposed development will
provide a desirable environment for its occupants and visiting public, as well
as its neighbors, through a design that complements and does not
overwhelm the existing church building.
k) Before issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution and the Building
and Safety Division, Public Works Division, and Fire Department
requirements. Through the permit and inspection process, those 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. Additionally and because of the factors discussed above in Items
a) through (c), and (d) the proposed project will not have a negative affect
on property values or in the vicinity.
5. Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application subject to the following conditions:
a. General,
1) The project shall substantially conform to title sheet, site plan, floor
plan, elevations, landscape plan, comprehensive sign plan and details
collectively labeled as Exhibit "A" dated February 27, 2007, as
submitted to, amended herein, and approved by the Planning
Commission.
2) To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodic review.
If non-compliance with conditions of approval occurs, the Planning
4
Planning Commission Resolution No. 2006-xx
CUP 2006-11 &DR 2006-32.
Commission may review the Conditional Use Permit. The Commission
may revoke or modify the Conditional Use Permit.
3) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a fee for a documentary handling fee in connection with
Fish and Game Code requirements. Furthermore, if this project is not
exempt from a filing fee imposed because the project has more than a
deminimis impact on fish and wildlife, the applicant shall also pay to
the Department of Fish and Game any such fee and any fine which
the Department determines to be owed.
5) The 17,000 square foot bookstore and the 60,000 square foot parking
structure is approved in concept only. The applicant shall submit an
application for Development Review of the precise plans for those
projects, subject to Planning Commission review and approval.
6) . Use of classroom for adult instruction within the addition shall be
restricted to 1572 square feet of floor area on Sundays.
7) Before issuance of any City permits, the applicant shall provide a
revised landscape plan for the Planning Division's review and
approval with the following changes:
a) P
I
rovision of a pedestrian walkway within the landscape area
along the Lavender Drive at a location to be determined by the
Planning Division.
b) Provision of pedestrian walkway signs along Lavender Drive.
8) The landscape contractor shall obtain a business registration with the
City of Diamond Bar before start of work.
9) Upon inspection and if it is determined that the anticipated density of
plant materials as shown on the approved plans do not fully address
the intended purpose of screening, compliance with conditions of
approval or aesthetics, the Community Development Director or
designee may require the planting of up to 10 percent of the approved
density of plant materials.
10) Applicant shall submit an application for a sign permit for review and
approval by the Planning Division before installation of any signs.
Signs are subject to separate building and electrical permits.
5
Planning Commission Resolution No. 2006-xx
CUP 2006-11 &DR 2006-32.
11) All landscaping and irrigation shall be installed prior to final inspection
and prior to issuance of Certificate of Occupancy.
12) All outdoor lighting shall conform to current City requirements as
specified in Section 22.16.050 of the Municipal Code.
13) The construction contractor shall abide by all requirements of the City
Code related to noise, as specified in Diamond Bar Municipal Code
Chapter 8.12.
C. Building & Safety Division
14) Fire Department approval will be required. Please contact the Fire
Department
15) The proposed tenant improvement shall comply with the provisions of
the 2001 California Building Code. Specify type of construction, group
occupancy for each area and sprinkler system requirements.
16) Applicant shall submit drawings and calculations prepared by a
licensed Arch itect/E ngineer with wet stamp and signature. Show detail
for separation walls between different occupancy. Provide code
analysis for the entire site.
17) Note on plans "separate permit is required for all wall and monument
signs".
18) The project must be protected by a construction fence and shall
comply with the NPDES & BMP requirements (sand bags, etc...) also
shall comply with construction fencing
19) Number of accessible parking shall be in compliance with title 24
accessibility requirements including van and other accessible parking.
Provide compliance with van accessible parking, path of travel clearly
on site plan for the entire project, including all buildings, total parking,
width of path of travel, maximum slope and cross slope, and signage.
20) Reception counter shall comply with title 24 accessibility requirements
also, show compliance with lever type hardware.
21) Provide exit analysis showing occupant load for each space, exit
width, and exit signs (existing and new). All new entrances and exits
shall comply with Title 24 accessibility compliance. Compliance shall
be clearly shown on plans.
6
Planning Commission Resolufion No. 2006-xx
CUP 2006-11 & DR 2006-32.
M
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: Dale Goddard, Calvary Chapel, 22324 Golden Springs Drive,
Diamond Bar, CA 91765.
Steve Nelson, Chairman
1, Nancy Fong, 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
27th day of February 2007, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Nancy Fong, Secretary
7
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
PROJECT #: Conditional Use Permit No. 2006-11 and Development Review
No. 2006-32
SUBJECT: Construction of an approximately 19,702 -square -foot two-story
addition and site improvements and conceptual approval of 6 17,0007
square -foot bookstore/sanctuary building and 60,000 -square -foot
single -deck parking structure
APPLICANT: Dale Goddard, Calvary Chapel, 22423 Golden Springs Drive,
Diamond Bar, CA 91765
LOCATION: 22324 Golden Springs Drive, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A) GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or. annul, the approval of Conditional Use Permit No. 2006-11, and
Development Review No. 2006-32 brought within the time period provided by
Government Code Section 66499.37. In the event the city and/or its officers,
agents and employees are made a party of any such action:
a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
8
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
Applicant shall promptly pay any final judgment rendered against the
City descendents. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Conditional Use Permit No. 2006-11 and Development
Review No. 2006-32, 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 Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2007-xx,
Standard Conditions, and all environmental -mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8.. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape, irrigation, and elevation plans shall be
coordinated for consistency prior to issuance of City permits (such as
grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
10. Applicant shall remove the public hearing notice board within three days of
this project's approval.
9
Planning Commission Resolution No. 2006 -roc
CUP 2006-11 & DR 2006-32.
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
1 Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid priorto 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 come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
1. The approval of Conditional Use Permit No. 2006-11 and Development
Review No. 2006-32 expire within two years from the date of approval if the
use has not been exercised as defined in accordance to Municipal Code
Section 22.66.050 (b)(1). The applicant may request in writing a one year
time extension subject to Municipal Code Section 22.60.050(c) for Planning
Commission approval.
D. SITE DEVELOPMENT
1. 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, collectively labeled and referenced
herein as Exhibit "A" including: site plans, floor plans, architectural
elevations, exterior materials and colors, landscaping, comprehensive sign
plan, and irrigation on file in the Planning Division, the conditions contained
herein, Development Code regulations.
2. 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.
3. All structures, including walls, 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 owner/occupant.
10
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
F. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether during
or subsequent to construction shall be done only by the property owner,
applicant or by a duly permitted waste contractor, who has been authorized
by the City to provide collection, transportation, and disposal of solid waste
from residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste contractor
used has obtained permits from the City of Diamond Bar to provide such
services.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1 An Erosion Control Plan shall be submitted clearly detailing erosion control
measures. These measures shall be implemented during construction
between October
1st and April 15th. The erosion control plan shall conform
to national Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMPs).
2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
SUSMP) requirements to the satisfaction of the City Engineer.
3. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING RETAINING WALLS
1 Prior to grading plan submittal, al, a geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California, shall be
submitted by the applicant for approval by the City.
2. Upon approval of the g.eotechnical report, the applicant shall submit drainage
and grading plans prepared by a Civil Engineer, licensed by the State of
California, prepared in accordance with the City's requirements for the City's
review and approval. A list of requirements for grading plan check is available
11
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
from the Public Works Department. All grading (cut and fill) calculations shall be
submitted to the City concurrently with the grading plan.
3. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the
grading plan.
5. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of ,the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall
be submitted to the Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
7.. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
8. The maximum grade of driveways serving building pad areas shall be 15
percent. In hillside areas driveway grades exceeding 15 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of
15 percent shall incorporate grooves for traction into the construction as
required by the City Engineer.
9. All slopes shall be seeded per landscape plan and/or fuel modification plan
with native grasses or planted with ground cover, shrubs, and trees for
erosion control -upon completion of grading or some other alternative method
of erosion control shall be completed to the satisfaction of the City Engineer.
10. Prior to the issuance of building permits, a pre -construction meeting shall be
held at the project site with the grading contractor, applicant, and city grading
inspector at least 48 hours prior to commencing grading operations.
11. Rough grade certifications by project soils engineer shall be submitted prior
to issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
12. Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works Department prior to the issuance of any
project final inspections/certificate of occupancy respectively.
12
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
rfjnnmg
13. Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All dra'inage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
14. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of
California to the satisfaction of the City Engineer and Los Angeles Public
Works Department.
D. TRAFFIC MITIGATION
15. All fair share fees shall be paid before issuance of certificate of occupancy.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2004 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
3. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). 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. Kitchen and bathroom lights shall be
fluorescent.
5. This project shall comply with all Accessibility Code requirements including
accessible parking, path of travel, elevators, restrooms, drinking fountains,
etc. Provide compliance with van accessible parking, path of travel, etc.
Reception counter shall comply with the title 24 accessibility requirements.
6. Applicant shall submit Public Works Department approved grading plans
showing clearly all finish elevations, drainage, and retaining walls locations.
13
Planning COMMISSiDn Resolution No. 2006-xx
CUP 2006-11 &DR 2006-32.
7. Separate permit shall be required for all wall and monument signs and shall
be noted on plans.
8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
9. Applicant shall provide exit analysis showing occupant load for each space,
exit width, exit signs, etc.
10. Applicant shall indicate the proposed addition and existing building on the
plans.
11. Applicant shall submit code analysis and justification showing the following:
a. Each building square foot;
b. Each building height;
c. Type of construction;
d. Sprinkler system;
e. Each group occupancy;
f. Property line location in relation to each building (side yard);
g. Exit analysis for each building (occupant load/corridor rating/exit
width/exit signs, etc.);
h. Accessibility analysis for the entire site and for each building; and
L Shaft rating/ exterior walls construction/ opening protection.
12. Applicant shall verify adequate exit requirements. The distance between
required exits shall be Y2 of the building diagonal.
13. Building setback from any slope (toe or top) shall meet Chapter 18 of the
2001 California Building Code.
14. Applicant shall indicate all easements on the site plan.
15. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
in High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 114 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
16. All retaining walls shall be submitted to the Building & Safety and Public
Work Departments for review and approval.
17. Grading plans shall be submitted showing clearly all finish elevations,
drainage, and retaining wall locations. No building permits shall be issued
prior to submitting a pad certification.
14
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
18. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
19. Drainage patterns shall be checked with Engineering Department. Surface
water shall drain away from building at a 2% minimum slope.
20. Applicant shall specify location of tempered glass as required by code.
21. Applicant shall specify 114"/ft slope for all flat surfaces/ decks with approved water
proofing material. Provide guardrail connection detail (height, spacing, etc.)
22. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Emergency access shall be provided, maintaining free and clear, a minimum
28 feet at all times during construction in accordance with Fire Department
requirements.
2. Prior to the issuance of any building permits for combustible construction,
evidence shall be submitted to the Fire Department that temporary water
supply for fire protection is available pending completion of the required fire
protection system.
3. Fire hydrant shall have a flow test.
4. Provide a 32 -foot turning radius at all 90 degree turns.
5. An additional on-site fire hydrant may be required.
6. Fire sprinklers shall expand to the new addition.
7. The required fir
r
e flow is 3,000 gpm @ 20 psi for on-site fire hydrants.
AM
15
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
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AGENDA REPORT
21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL. (909) 839-7030 — FAX (909) 861-3117 — www.CityofDiAmondBar.com
MEETING DATE:
CASEXILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
APPLICANT:
February 27, 2007
Development Review No. 2006-43
1019 Via Sorella Street
Diamond Bar, CA 91765
To operate a tutoring school for
kindergarten to eight graders.
Ying Akkos
1019 Via Sorella Street
Diamond Bar, CA 91765
Ying Akkos
1019 Via Sorella
Diamond Bar, CA 91765
STAFF RECOMENDATION: Conditionally Approve
BACKGROUND:
The project site is the last parcel on Via Sorella Street. It is rectangular shaped and
approximately 16,186 square feet in size. The project site is developed with a two-
story multi -family residential building of approximately 3,994 square feet under
County standard in 1960. In 1982 and under the County's jurisdiction, the building
was converter to an office building.
The applicant bought the subject property at the end of 2004 and opened a tutoring
school to Diamond Bar. The applicant went to Los Angeles County to obtain a
business license. The County does not require a business license for a school. So,
the applicant opened the business at the subject site not realizing that Business
Registration and Development Review approval are required. As a result of
complaints from a neighbor, the applicant was informed of the requirement to submit
a Development Review application in December 2005 and May 2006. The applicant
complied with the requirement after a citation was issued in December 2006. The
applicant requests approval for an existing school that tutors English, Chinese, Math,
flute and piano to kindergarten through eight grade students
ANALYSIS:
A. Review Authority (Section 22.48)
Development Review approval is required because the tutoring school is
considered an intensification of use, from office to school. The Planning
Commission is the review authority for the Development Review application.
B. Site and Surrounding General Plan, Zoning and Uses
2 DR 2006-43
General Plan Zone Uses
Site Commercial -Office Commercial -Office Office Building with
CO)
CO) Tutoring School
North N/A CO Self -Storage Facility &
SR -10 Freeway
South N/A N/A SR -57 Freeway
East CO CO Office Building (Walnut
Pools, etc) & SR -57
Freeway
West CO and Low -Medium CO & R-1-8,000 Self -Storage Facility &
I Residential (RLM) Single Family
Residential
I
2 DR 2006-43
C. Development Review (Section 22.48
The purpose of Development Review is to establish consistency with the
General Plan through the promotion of high aesthetic and functional
standards to compliment and add to the economic, physical, and social
character of the City. The process ensures that new development and
intensification of existing development yields a pleasant living, and attracts
the interests of residents and visitors as the result of consistent exemplary
design.
1. Business Description
The tutoring school occupies the entire building. The first floor will has
five class rooms, computer room office and restrooms. The second floor
is used for individual tutoring. The exterior of the existing building will
not change.
2. Operational Characteristics
Days of Operation Monday — Saturday; Closed Sundays
Hours of Operation Monday through Friday: 3:30 p.m. to 6:00
p.m.;
Saturday: 9:30 a.m. to 12 noon and
individual lessons from 9:00 a.m. to 8:00
p.m.
Number of Class Per Business Day Approximately 4, with no more than 2 at
any given time
Time Frame Per Class 2 hours for beginning level; and I hour for
advance level
Number of Students Per Class Varies 6-10
Age of Students 5 through 15 years old; Kindergarten
through eighth grade
Number of Teachers/Employees 5 teachers (owner is teacher and
administrator)
Vehicles Used For Business None
Special Events/Exhibitions None
3. Parkinci
According to the Development Code, one parking space is required for
3 DR 2006-43
each 200 square feet of gross floor area. Therefore, 19 parking spaces
would be required. This number would be considered the worst-case
scenario. The project site provides 11 parking spaces and one
handicapped parking space for a total of 12 spaces.
Because of their age, students will be dropped -off and picked -up by
parents. Five teachers could be on site at any one time leaving seven
parking spaces for visitors. The school has been operating for
approximately one year with the existing parking spaces without any
issues brought to the City's attention. Therefore, staff determines that
the twelve parking spaces provided on site will be adequate. In the
future, if the applicant expands the school, the parking will be revisited
for adequacy.
C. Additional Review
The City's Public Works and Building and Safety Divisions reviewed this
project. Their recommendations are within the attached resolution.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act (CEQA),
Section 15303(c), the City has determined that this project is categorically exempt.
Public hearing notice was mailed to approximately 40 property owners within a 500
foot radius of the.project site and the notice was posted in three public places on
February 11, 2007. The project site was posted with a display board on February 14,
2007. The public hearing notice was published in the San Gabriel Valley Tribune
and Inland Valley Daily Bulletin newspapers on February 16, 2007.
Staff recommends that the Planning Commission approve Development Review No.
2006-43, Findings of Fact and Conditions of Approval as listed within the attached
resolution.
rppared V.
Aqn J. Lungu
Associate Planner
Reviewed
Nancy Fonlm6p___,'
Community Development Director
DR 2006-43
Attachments:
1 . Draft Resolution;
2. Aerial;
3. Exhibit "A" - site plan, floor plan; date stamped February 20, 200; and
4. Letter from AP Learning Center dated January 24, 2007.
DR 2006-43
PLANNING COMMISSION
RESOLUTION NO. 2007 -XX
A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA
PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO.
NO. 2006-43, A REQUEST TO OPERATE AND EXISTING SCHOOL
FOR KINDERGARTEN TO EIGHT GRADE WITHIN AN EXISTING TWO-
STORY OFFICE BUILDING. THE PROJECT SITE IS LOCATED AT
1019 VIA SORELLA STREET (APN: 8763-001-034), DIAMOND BAR,
CALIFORNIA.
A. RECITALS
Property owner, Ying Akkos has filed an application for Development Review
No. 2006-43 for a property located at 1019 Via Sorella Street, Diamond Bar,
Los Angeles County, California. Hereinafter in this Resolution, the subject
Development Review shall be referred to as the "Application."
2. On February 11, 2007, public hearing notices were mailed to approximately
40 property owners within a 500 -foot radius of the project site and the notice
was posted in three public places. The project site was posted with a display
board on February 14, 2007. On February 16, 2007, notification of the public
hearing for this project was provided in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers.
3. On February 27, 2007, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
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 project identified above in
this Resolution is categorically exempt in accordance to Section 15303 (c) of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar;
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 the next to last parcel on Via Sorella Street. It is
rectangular shaped and approximately 16,186 square feet. The
project site is developed with a two-story office building of
approximately 3,994 square feet.
b) The project site has a General Plan land use designation of
Commercial Office (CO);
c) The zoning designation for the project site is Commercial Office (CO).
d) Generally the following zones and uses surround the project site: to
the north is the CO zoning district and Self -Storage Facility & SR -10
Freeway; to the south is the SR -57 Freeway; to the east is the CO and
office building (Walnut Pools, etc) & SR -57 Freeway; and to the west
are the CO & R-1-8,000 zoning districts and a self -storage facility &
single-family residences.
e) Pursuant to Development Code Section 22.48, this application is a
request for Development Review approval to operate and obtain the
appropriate permits for an existing school that tutors English,
Chinese, Math, flute and piano to kindergarten through eight grade
students
Development Review
f) The proposed office building was built prior to the City's incorporation
and under the jurisdiction of Los Angeles County with the appropriate
permits. The project site has a General Plan land use designation of
Commercial Office (CO) which provides for the establishment of
diverse, mixed uses for commercial retail, office and services uses.
The school is a service use which is consistent with the General Plan
land use designation for the project site. A specific plan, area theme,
planned development, etc does not exist for the project site or area.
2
Planning Commission Resolution No. 2006-41
g) As discussed in Finding (f) above, the project site was developed
prior to the City's incorporation. Via Sorella Street is a small cul-de-
sac which supports three small businesses. This street provides
access for only the three businesses. Since this is an existing small-
scale school, it is not expected to create traffic or pedestrian hazards.
It is surrounded by the CO zoning district and a self -storage facility
and freeway to the north; a freeway to the south; and the remaining
two businesses on Via Sorella Street to the east and west. All parking
and school facilities are on-site. Therefore, the design and layout of
the existing school will not interfere with the use and enjoyment of
neighboring existing or future development, and will not create traffic
or pedestrian hazards.
h) As discussed in Finding (f) above, the project site was developed prior
to the City's incorporation. The proposed project does not alter the
existing building in any way. However, landscaping improvements
along with resurfacing the parking area, repairing the driveway and
restriping the parking lot area will be done in phases within a six
month time frame to accommodate the applicant's budget. These
improvements will enhance the project site and provide a harmonious
project site.
As discussed in Findings (f), (g) and (h) above, the project site was
developed prior to the City's incorporation. The subject school does
not required exterior alterations to the building. As conditioned,
general clean-up and repairs to the project site will provide a desirable
environment for it occupants and visiting public as well as its
neighbors.
As referenced above in Findings (f) through (j), the subject school, as
conditioned herein, will meet the City's minimum development
standards. Furthermore, prior to the issuance of any City permits, the
proposed project is required to comply with all conditions within the
approved resolution and requirements set forth by the City's Building
and Safety Division. Therefore, granting Development Review
approval will not be detrimental to the public interest, health, safety,
convenience, or welfare, or injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is
located.
k) In accordance to the provisions of the California Environmental
Quality Act (CEQA) of 1970, as amended and the guidelines
promulgated thereunder, this project is categorically exempt pursuant
3
Planning Commission Resolution No. 2006-41
to Section 15303 (c) of Article 19 of Chapter 3 of Title 14 the
California Code of Regulations.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and the attached standard conditions:
Planninq Division
a) The project shall substantially conform to a site plan and floor plan
labeled as Exhibit "A" dated February 27, 2007, as submitted,
amended herein and approved by the Planning Commission.
b) This approval is for tutoring school only. Day care operation shall not
be allowed unless the applicant obtains approval of a Conditional Use
Permit.
c) Hours of operation and operating characteristics shall be as follows:
Days of Operation Monday throu h Saturday
Hours of Operation Monday through Friday: 3:30 p.m. to 6:00 p.m.;
Saturday: 9:30 a.m. to 12 noon and individual
lessons from 9:00 a.m. to 8:00 p.m.
Any changes to the hours and/or days of operation shall be subject to
the Community Development Division review and approval;
d) Any future expansion or intensification of the school shall require
approval of an amendment to Development Review No. 2006-43 and
an on-site parking study.
e) Within six month of this approval, the applicant shall reseed the grass
areas at the project site, repair or replace the driveway and repair
and/or slurring seal the parking lot area.
f) In the future, if the school is expanded or demolished and rebuilt, the
applicant shall connect to a public sewer system.
g) If the access area beyond the cul-de-sac is vacated, the applicant
shall agree to a common access easement with the adjacent property
at 1009 Via Sorella Street.
h) If the access area beyond the cul-de-sac is vacated, the applicant
shall repair and repave the access easement that fronts their property
4
Planning Commission Resolution No. 2006-41
when the adjacent property at 1009 Via Sorella Street repairs and
repaves the access easement that fronts their property.
Within 30 days of this approval, the applicant shall repair the existing
fence at the front of the project site, store trash receptacles out of
public view and do general clean-up of the site.
Special events shall require approval of a Temporary Use Permit.
k) Signs for the project site shall be approved by the Planning Division.
Building & Safety Division
a) Fire Department approval shall be required.
b) This project shall comply with all handicap accessibility code
requirements including accessible parking including van parking, path
of travel, elevations, restrooms, drinking fountains, reception counter
c) Separate permit shall be required for all wall and monument signs.
d) . Plans shall show the location of all tempered glass as required by
code.
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: Ms. Ying Akkos, 1019 Via Sorella Street, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 27th OF FEBRUARY 2007, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
In
Steve Nelson, Chairman
5
Planning Commission Resolution No. 2006-41
I, Nancy Fong, 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 27th
day of February 2007, by the following vote:
AYES: Commissioners:.
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
Nancy Fong, Secretary
6
Planning Commission Resolution No. 2006-41
a
Q: 1: 7A ON 11T11 r: rM
SUBJECT: Operation of school within an existing office building
APPLICANT: Ying Akkos, AP Learning Center.
LOCATION: 1019 Via Sorefla Street, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT
909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Conditional Use Permit No. 2006-14 brought
within the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made a party
of any such action:
a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
b) Applicant shall promptly pay any final judgment rendered against the
City descendents.
7
Planning Commission Resolution No. 2006-.41
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 No. 2006-43, at the City of Diamond
Bar Community and Development Services 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. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
4. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
5. 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.
6. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
7. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the. processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Development Review shall expire within two years from the
date of approval if the use has not been exercised as defined per Municipal
8
Planning Commission Resolution No. 2006-41
A
Code Section 22.66.050 (b)(1).
year time extension subject to
Planning Commission approval.
SITE DEVELOPMENT
The applicant may request in writing a one
Municipal Code Section 22.60.050(c) for
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, collectively referenced herein as
Exhibit "A" including: site plans and floor plans on file in the Planning
Division, the conditions contained herein, Development Code regulations, the
Specific Plan, and the Community Plan.
2. 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.
3. To ensure compliance with all conditions of approval and applicable codes,
the Development Review shall be subject to periodic review. If non-
compliance with conditions of approval occurs, the Planning Commission
may review the Development Review. The Commission may revoke or
modify the Development Review.
4. No amplified music or sound shall be permitted. Applicant shall comply with
the City's noise standards.
5. All roof mounted equipment shall be screened from public view.
6. 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
owner/occupant.
F. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether
during or subsequent to construction shall be done only by the property
owner, applicant or by a duly permitted waste contractor, who has been
authorized by the City to provide collection, transportation, and disposal of
solid waste from residential, commercial, construction, and industrial areas
within the City. It shall be the applicant's obligation to insure that the waste
01
Planning Commission Resolution No. 2006-41
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.
1. An Erosion Control Plan shall be submitted concurrently with the grading
plan clearly detailing erosion control measures. These measures shall be
implemented during construction between October 1St and April 15th. The
erosion control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's).
2. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1 All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site isnot supervised.
2. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
3. The maximum grade of driveways serving building pad areas shall be 15
percent. In hillside areas driveway grades exceeding 15 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of
15 percent shall incorporate grooves for traction into the construction as
required by the City Engineer.
10
Planning Commission Resolution No. 2006-41
Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
3. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
4. Applicant shall provide exit analysis showing occupant load for each space,
exit width, exit signs, etc. Adequate exit requirements shall be verifies. The
distance between required exits shall be 1/2of the building diagonal.
5. Applicant shall indicate the proposed us of existing building on the plans and
submit code analysis and justification showing the following:
a. Building square foot
b. Building height
G. Type of construction
d. Sprinkler system
e. Each group occupancy
f. Property. line location in relation to the building
9- Accessibility analysis for the entire site and building
h. Shaft rating/ exterior walls construction/ opening protection (if
applicable)
11
Planning Commission Resolution No. 2006-41
1. Emergency access shall be provided, maintaining free and clear, a minimum
28 foot at all times during. construction of improvements in accordance with
Fire Department requirements.
AM
12
Planning Commission Resolution No. 2006-41
AP LEARNING CENTER
1019 VIA SORELLA
DIAMOND BAR, CA 91789
January 24, 2007
Ms. Ann J. Lungu
Associate Planner
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4178
r.::' I . r7 - ,—I
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2611 JAtt r::s
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itt
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Re: Development Review No. 2006-43 for the AP Learning Center located at 1019 Via Sorella,
Diamond Bar, CA 91789
Dear Ms. Lungu,
Pursuant to your letter, dated December 12, 2006, this supplementary information is hereby submitted for
review in connection with my property use application. The subject properties business operational
characteristics are as follows:
Hours of Operation: The facility operates Monday through Friday from the hours of 3:30 pm to 6:00 pm
and on Saturday from 9:30 am to 12 noon.
Total number of students: The facility houses a total of 30 students during the week and 25 students on
Saturday.
Number of students per classroom: As there are currently a total of (5) classroom incorporated into the
facility, the following is a break out of the number of students per classroom.:
Classroom #i has six (6) students
Classroom #2 has ten (10) students
Classroom 43 has -one (1) student
Classroom #4 has six (6) students
Classroom #5 has six (6) students
Office has one (1) student
The ages of the students at AP Learning Center range from age 5 through age 12 and grades representing K
through 8.
The subjects taught at AP Leaming Center include Chinese language classes, Math, English language
tutoring and one -on -ane flute and piano lessons.
Total number of classes per day and time: The are no more than two (2) classes being taught at any given
time at the facility. The break out of the class schedules are as follows:
From 3:30 pm to 4:30 pm in classroom #1 and #2, Chinese language, beginning level;
classroom #4 and #5, Math and English tutoring, beginning level.
From 4:45 pm to 5:45 pm in classroom #1 and 2, Chinese language advanced level;
classroom 94 and 95, Math and English tutoring, advanced level.
From Monday through Saturday, between the hours of 9:00 am to 8:00 pm there are a
series of individual flute/piano lessons taught on the facility both second and first floor
rooms.
Total number of teachers per day: AP Learning Center employs five (5) teachers to administer the current
curriculum.
Total number of administrative staff: AP Learning Center utilizes Mrs. Ying Akkos in the capacity of both
teacher and school administrator.
Total number of vehicles used for business and parked on the site during business hours: The total number
of vehicles parked on the facility site is four (4). These vehicles are either cars or vans. There are no trucks
or other commercial vehicles present or allowed on the site.
Please review this information and do not hesitate to call me if you need any further information or
clarification.
Sincerely, /
Ying Akkos
Principal of AP Learning Center
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E
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
On February 27, 2007, the Diamond Bar Planning Commission will hold a regular
session at 7:00 p.m., at the South Coast Quality Management District/Government Center -
Auditorium, 21865 Copley Drive, Diamond Bar, California.
Items for consideration are listed on the attached agenda.
1, Stella Marquez, declare as follows:
I am employed by the City of. Diamond Bar. On February 22, 2007, a copy of the
Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on
February 27, 2007, was posted at the following locations:
South Coast Quality Management
District Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Diamond Bar Library
1061 Grand Ave.
Diamond Bar, CA 91765
Heritage Park
2900 Brea Canyon Road
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 22, 2007, at Diamond Bar, California.
Stella Marquez
Community Developme.60-epartment
gA\affidavitposfing.doc
LANNING
COMMISSION FILE COPY
STUDY SESSION — 6:00 P.M.
South Coast Air Quality Management District/
Government Center - Conference Room CC -8
21865 Copley Drive
REGULAR MEETING — 7:00 P.M.
South Coast Air Quality Management District/
Government Center - Auditorium
21865 Copley Drive
Copies of staff reports
I
or other written documentation relating to agenda items are on file in the Planning
Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are
available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030
during regular business hours.
In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of
Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community &
Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium and encourages you to do the same
Steve NelsonChairman
Vice Chairman Tony Torng
Commissioner Kwang Ho Lee
Commissioner Kathleen Nolan
Commissioner Osman Wei
Copies of staff reports
I
or other written documentation relating to agenda items are on file in the Planning
Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are
available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030
during regular business hours.
In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of
Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community &
Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium and encourages you to do the same
Next Resolution No. 2007-11
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, February 27, 2007
AGENDA
STUDY SESSION: South Coast Air Quality Management District
Conference Room CC -8, 21865 Copley Drive, Diamond Bar, CA
CALL TO ORDER: 6:00 p.m.
0 Power Point presentation by City Manager regarding future annexation
development proposals.
PUBLIC COMMENTS
ADJOURNMENT:
REGULAR MEETING South Coast Air Quality Management District Auditorium
21865 Copley, Diamond Bar, CA
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman
Tony Torng, Kwang Ho Lee, Kathleen Nolan, Osman Wei
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non -agenda items. Please complete a
SDeakers Card for the recordinq Secretary (Completion of this form is voluntary.)
There is a five-minute maximum time limit when addressing the Planning Commission.
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The followingitems 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.
4.1 Minutes of Regular Meeting: February 13, 2007.
FEBRUARY 27, 2007 PAGE 2 PLANNING COMMISSION
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Conditional Use Permit No. 2006-11 and Development Review No. 2006-32
In accordance with code Sections 22.58 and 22.48 of the City of Diamond Bar
Development Code, the applicant has requested approval of Conditional Use
Permit No. 2006-11 and Development Review No. 2006-32 for a proposed
project involving an approximately 19,000 -square -foot addition to an existing
church and conceptual approval of future phases to include a 60,000 -square -
foot parking structure and 17,000 -square -foot bookstore/sanctuary building.
Project Address: 22324 Golden Springs Drive
Property Owner: Hidden Manna
22324 Golden Springs Dr.
Diamond Bar, CA 91765
Applicant: Dale Goddard
Calvary Golden Springs
22324 Golden Springs Dr.
Diamond Bar, CA 91765
Environmental Determination: On June 29, 2004, the City Council approved
and certified an Addendum to the previously certified Environmental Impactmpact
Report. It is determined that no new environmental issues have been identified
and that none of the elements set forth in Public Resource Code Section 21166
or Section 15162 of the CEQA Guidelines exists, therefore, no subsequent or
supplemental Environmental Impact Report or Mitigated Negative Declaration is
required to be prepared.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit No. 2006-11 and Development Review No. 2006-32,
Findings of Fact, and conditions of approval as listed within the draft resolution.
7.2 Development Review No. 2006-43 — In accordance to Code Section 22.48 of
the Diamond Bar Development Code, the applicant has requested Development
Review for an existing learning center for kindergarten to eighth grade. The
Development Review approval is required because the approval of a proposed
learning center is considered an intensification of use.
FEBRUARY 27, 2007 PAGE 3 PLANNING COMMISSION
Project Address: AP Learning Center, 1019 Via Sorella Street
Property Owner/ Ying Akkos
Applicant: 1019 Via Sorella Street
Diamond Bar, CA 91765
Environmental Determination: In accordance to the provisions of the
California Environmental Quality Act (CEQA), Section 15303(c), the City has
determined that this project is categorically exempt.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2006-43, Findings of Fact, and conditions of approval
as listed within the draft resolution.
8. PLANNING COMMISSION COMMENTS /INFORMATIONAL ITEMS:
9. STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
10. SCHEDULE OF FUTURE EVENTS:
L.A. COUNTY HOUSEHOLD
HAZARDOUS WASTE
E -WASTE ROUND UP:
CITY COUNCIL MEETING:
TRAFFIC AND
TRANSPORTATION
COMMISSION MEETING
PLANNING COMMISSION
MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
11. ADJOURNMENT:
Saturday, February 24, 2007
9:00 a.m. — 3:00 p.m.
Gateway Corp. Ctr., 1300 Block of
Bridge Gate Dr.
Tuesday, March 6, 2007 - 6:30 p.m.
SCAQMD/Government Center Auditorium
21865 Copley Drive
Thursday, March 8, 2007 — 7:00 p.m.
SCAQMD/Government Center Hearing
Board Room —' 21865 Copley Drive
Tuesday, March 13, 2007 — 7:00 p.m.
SCAQMD/Government Center Auditorium
21865 Copley Drive
Thursday, March 22, 2007 — 7:00 p.m.
SCAQMD/Government Center Hearing
Board Room — 21865 Copley Drive
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 13, 2007
rq_1995- -
Acting Chairperson Nolan called the meeting to order at 7:03 p.m. in the South Coast Air
Quality Management District/Government Center Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: . Commissioner Lee led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Osman Wei, and Acting
Chairperson Kathleen Nolan
Absent: Vice Chairman Tony Torng and Chairman Steve Nelson
were excused.
Also present: Nancy Fong, Community Development Director; Ann
Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney, L * inda Smith,
Development Services Associate and Stella Marquez, Senior Administrative
Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3 APPROVAL OF AGENDA: As Submitted
4 CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of February 13, 2007.
C[Wei moved, C/Nolan seconded to approve the Minutes of February 13,
2007, as presented. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
5. OLD BUSINESS: None
Wei, AChair/Nolan
None
Lee
VC/Torng, Chair/Nelson
R
7.
NEW BUSINESS:
PLANNING COMMISSION
7.1 Conditional Use Permit No. 2004-17(2) and Tree Permit No. 2004-10 — in
accordance to Sections 22.48 and 22.66.050 of the Diamond Bar Municipal
Code, the applicant requested a one-year extension of time approval to
begin construction on the previously approved application to construct an
approximate 1,382 square foot two-story addition with 990 square foot two-
story balcony and patio cover colonnade in the rear of an existing single-
family residence. The request also included the removal and replacement of
protected/preserved oak and walnut trees to grade and construct the series
of retaining walls in areas of varying topography from two to seven feet
exposed height. The grading and walls create a new pad for a basketball
court, swimming pool and spa. Staffs Development Review No. 2004-17(1)
approval deleted the guesthouse on November 18, 2005.
FWAINN111110"WA21
2800 Steeplechase Lane
Diamond Bar, CA 91765
Robert and Mary Chang
2800 Steeplechase Lane
Diamond Bar, CA 91765
Kent Wu
1274 E. Center Court Drive #211
Covina, CA 91724
And
Focus Engineering, Inc.
25 Mauchly #317
Irvine, CA 92618
DSA/Smith presented staffs report and recommended Planning Commission
approval of a one-year extension for Development Review No. 2004-17(2)
and Tree Permit No. 2004-10, Findings of Fact, and conditions of approval
as listed within the resolution.
AC/Nolan opened the public hearing.
FEBRUARY 13, 2007 PAGE 3 PLANNING COMMISSION
Kent Wu, applicant requested the Planning Commission approve the one-
year extension and offered to answer questions.
AC/Nolan closed the public hearing.
C/Lee moved, C/Wei seconded to approve a one-year extension for
Development Review No. 2004-17(2) and Tree Permit No. 2004-10, Findings
of Fact, and conditions of approval as listed within the resolution. Motion
carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Wei, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
7.2 Conditional Use Permit No. 2006-16 and Development Review
No. 2006-36 — In accordance to Sections 2258, 22.48 and 22.42 of the
Diamond Bar Municipal Code, this was a request to install and co -locate a
wireless telecommunications facility #LA0454A with six antenna mounted on
a new structurally modified park light pole consistent with the City Council's
Capital Improvement Project (CIP) for Sports Field Lighting at Peterson Park
and to construct an enclosed equipment building to match existing park
facilities.
PROJECT ADDRESS: Peterson Park
24142 E. Sylvan Glenn Road
Diamond Bar, CA 91765
PROPERTY OWNER: City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
APPLICANT: Royal Street Communications
c/o Core Communications
Ms. Maree Hoeger
2923 Saturn Street #A
Brea, CA 92821
DSA/Smith presented staffs report and recommended Planning Commission
approval of Conditional Use Permit No. 2006-16 and Development Review
No. 2006-36, Findings of Fact, and conditions of approval as listed within the
resolution.
FEBRUARY 13, 2007 PAGE 4
AC/Nolan opened the public hearing.
Maree Hoeger, representing the applicant, explained the project and asked
for Commission approval.
AC/Nolan closed the public hearing.
C/Wei moved, C/Lee seconded, to approve Conditional Use Permit
No. 2006-16 and Development Review No. 2006-36, Findings of Fact, and
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Wei, Lee, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
7.3 Development Review No. 2006-28 and Tree Permit NO. 2006-07 — In
accordance to Sections 22.48, 22.42 and 22.38 of the Diamond Bar
Municipal Code, this was a request to demolish an existing home of
approximately 5,000 square feet and construct a new home of approximately
23,996 square feet with four levels, a seven car garage and viewing lounge.
This request also included a tennis court, 935 square foot second house and
retaining walls not to exceed an exposed height of seven feet. The
Development Review is a design/architectural review. The Tree Permit is
required for the preservation of California pepper and walnut trees.
PROJECT ADDRESS
allmzwyfillz=
2260 Indian Creek Road
Diamond Bar, CA 91765
Mr. and Mrs. Derek Lee
2260 Indian Creek Road
Diamond Bar, CA 91765
ConDocS, Inc.
Aaron Walker
4531 Belham Court
Westlake Village, CA 91361
FEBRUARY 13, 2007 PAGE 5
nRAFT11
W Q
PLANNING COMMISSION
AssocP/Lungu presented staffs report and recommended Planning
Commission approval of Development Review No. 2 ' 006-28 and Tree Permit
No. 2006-07, Findings of Fact, and conditions of approval as listed within the
resolution.
Aaron Walker and Todd Spiegel, architects, offered to respond to
Commissioner's questions.
Mr. Walker responded to C/Wei that the square footage of the second house
was reduced to 895 square feet. C/Wei asked that a condition be added to
clarify acceptance by the adjacent neighbor of the stockpiled dirt.
AC/Nolan opened the public hearing.
Khalid Javaid, 2250 Indian Creek Road, east of the project said he was
concerned about retaining walls along the driveway area, drainage, water
runoff, erosion, noise and pollution during construction, and loss of his view
and wanted to be sure that the City had addressed these issues prior to
approval.
AC/Nolan closed the public hearing.
CDD/Fong responded to Mr. Javaid that Condition 12 of the resolution
addresses the drainage issue; Condition 10 includes strict requirements for
pollution discharge and erosion during construction. The proposed home
has two viewable levels from the street; the rear property terraces down to
reveal four levels, and Diamond Bar has no view protection ordinance. Noise
during construction is covered by a temporary condition within the resolution.
C/Loe moved, C/Wei seconded to approve Development Review
No. 2006-28 and Tree Permit No. 2006-07, Findings of Fact, and conditions
of approval as listed within the resolution with the addition of a condition to
require the recipient of the exported dirt * within the adjacent lot must obtain
the necessary permits from the City; and, with the elimination of Condition 3
on page 5. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Wei, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
ORAFL TRkA
FEBRUARY 13, 2007 PAGE 6 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTWIN FORMATIONAL ITEMS:
C/Lee expressed condolence to the family of Council Member Bob Zirbes, a great
man with deep courage and conviction of his beliefs, whom he has admired and
respected. Diamond Bar has lost a great public servant and 'human asset. He will
live in the memory of the residents and the City for years to come.
C/Wei offered his condolence to the family of Council Member Bob Zirbes and said
he admired his courage and the work he has done for the City on behalf of the
residents. He wished everyone a Happy Valentine's Day.
AC/Nolan expressed her sympathy to the Zirbes family. Bob Zirbes was a close
personal friend of hers and her husband Dan. Bob was personally responsible for
helping her and Dan, a former Planning Commissioner, to get back on track with
their volunteerism after their children were grown. Bob was dedicated in his service
to the Diamond Bar Improvement Association and in particular, Paint the Town and
Classic Car Show events. Last year she chaired the Classic Car Show to allow Bob
a respite to help him fight through his illness. ,She and others will continue to pursue
City activities, as Bob would want them to do. As such, this years proceeds will be
donated to the City of Hope in his name and the show will be dedicated to him.
9. STAFF COMMENTS/INFORMATIONAL ITEMS.
9.1 Public Hearing dates for future projects.
CDD/Fong reported that services for Bob Zirbes would be held on Friday.
Commissioners Nolan and Wei are scheduled to participate in the Planners Institute
in San Diego March 21, 22 and 23. She also believed that VC/Torng was planning
to attend and wanted to know if C/Lee would be attending. C/Lee responded that
he would not be able to attend.
CDD/Fong announced that there would be a study session on February 27. 2007, at
6:00 p.m. with CM/DeStefano reporting on potential future development in Diamond
Bar.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
R. -
FEBRUARY 13, 2007 PAGE 7 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
AC/Nolan adjourned the regular meeting at 7.43 p.m.
Attest:
Respectfully Submitted,
Nancy Fong
Community Development Director
Kathleen Nolan, Acting Chairman
0
FTTTCTAZ O 21
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 FAX (909) 861-3117
AGENDA ITEM NUMBER: 9A
MEETING DATE: February 27, 2007
CASE/FILE NUMBER: CUP 2006-11
DR 2006-32
PROJECT LOCATION: 22324 Golden Springs Dr.
APPLICATION REQUEST: Approval for a 19,702 -square -foot addition to an
existing church sanctuary building and
conceptual approval for future phases to include
a 17,000 square -foot bookstore/sanctuary
building and 60,000 -square -foot single -deck
parking structure
PROPERTY OWNERS: Hidden Manna
22324 Golden Spring Dr.
Diamond Bar, CA 91765
APPLICANT: Dale Goddard
22324 Golden Springs Dr.
Diamond Bar, CA 91765
STAFF RECOMMENDATION: Conditional approval.
I&IM" Tell] ILI I
The project is within Sub -Planning Area 1 of the Diamond Bar Village Specific Plan.
The Specific Plan shows a master plan concept of institutional use that includes the
existing church, a new bookstore, a new chapel and a new parking structure as shpwn
in attachment 3. The existing development, a.92,3301 -square -foot church building and
parking areas of 862 spaces, was approved through a conditional use permit in 1993.
The applicant's proposal includes the 19,702 square foot to the rear of the existing
church building and a master plan concept of a new 17,000 square foot bookstore and a
new 60,000 square foot parking structure for future phases. The master pan concept is
less intense than the concept in the Specific Plan.
ANALYSIS:
A. Project Description
The proposed 19,702 square feet two-story addition is located at the rear and a
portion of the west elevations of the existing church building. The addition will
provide more classrooms, offices, a musician and choir area, and storage areas.
The applicant proposes to modify the parking lot areas by removing 304 spaces
and adding 226 spaces with a total of 784 spaces provided for the site. The
parking area in front of the existing church building will be removed to provide a
courtyard area of approximately 44,000 -square feet. The courtyard area will
have amenities such as a fountain feature, decorative paving, landscaping and
benches.
In addition to the proposed expansion, the applicant requests approval of a
conceptual site plan for the two future phases listed below. Separate
Development Review application for Planning Commission review and approval
will be required for the future phase development.
A new 17,000 -square -foot two-story bookstore building to be located adjacent
to the proposed courtyard area.
A single -deck, 60,000 -square -foot parking structure to be constructed in an
area adjacent to the east of the existing church building.
B. Review Authority (Sections 22.58 and 22.48)
The proposed project requires the following applications:
A Conditional Use Permit for the addition to an existing church and the
conceptual plans for future phases.
2. A Development Review for the design review of the proposed addition.
Page 2
CUP 2006-11 & DR 2006-32,
C. Site and Surrounding General Plan, Zoning and Uses
D. Conditional Use Permit (Section 22.58)
1 Compatibility to Surrounding Uses The project site is surrounded by the
existing and planned development. To the north is the Target shopping
center, a future Chili's restaurant and a vacant parcel planned for a multi -
tenant food uses. To the east is the Brookfield Homes residential
development and to the west is the golf course and vacant open space.
To the south is open space area that provides a buffer between the church
site and the residential area. Since the institutional use was approved as
part of the Diamond Bar Village Specific Plan, the existing use, the
expansion and the future phases are compatible to the surrounding uses.
2. Operational Characteristics The church operations include the
following times and uses:
General Plan Zone Uses
Site Planning Area – 3 Specific Plan (Sub- Church E7,1
Fri.
Specific Plan Planning Area 1)
8 a.m. - 2
North GC (Golf Course) O -S (Open Space) Target, Golf course
South Planning Area – 3 Specific Plan (Sub- Residential and open
Specific Plan Planning Areas 2 & 4) space I
West Office Professional Office Business Park Vacant land, Golf
6:30 -
course
I East Planning Area – 3 Specific Plan (Sub- Brookfield Homes
Specific Plan . Planning Area 1) 1 -
D. Conditional Use Permit (Section 22.58)
1 Compatibility to Surrounding Uses The project site is surrounded by the
existing and planned development. To the north is the Target shopping
center, a future Chili's restaurant and a vacant parcel planned for a multi -
tenant food uses. To the east is the Brookfield Homes residential
development and to the west is the golf course and vacant open space.
To the south is open space area that provides a buffer between the church
site and the residential area. Since the institutional use was approved as
part of the Diamond Bar Village Specific Plan, the existing use, the
expansion and the future phases are compatible to the surrounding uses.
2. Operational Characteristics The church operations include the
following times and uses:
As expected, the most intensely used day is Sunday with both classrooms
and the sanctuary in use most of the day. Accessory uses to the main
Page 3
CUP 2006-11 & DR 2006-32,
Times and days
Room Sun. M
I
on. Tues. Wed.. ., Thurs. Fri. sat.
Sanctuary 8 a.m. - 2 9 a.m. — Not in Not in
p.m. 11 a.m. 6 - 9 p.m. 6 — 9 p.m. use use
6 - 8 p.m. 6:30 -
8:30 p.m.
Multi- 8 a.m. - 2 6-9 6-9p.m. 9- 11 a.m.
purpose p.m. p.m. 7 - 9 p.m.
room 6-8 -
p.m.
Classrooms 8 a.m. - 2 6 - 9 p.m.
p.m.
6 - 9 p.m.
Bible college 6-9 6- 9 p.m. 6- 9 p.m.
Classrooms p.m.
As expected, the most intensely used day is Sunday with both classrooms
and the sanctuary in use most of the day. Accessory uses to the main
Page 3
CUP 2006-11 & DR 2006-32,
worship services include classroom instruction for children and adults,
childcare provided during the worship services, a bible college, coffee
shop, and bookstore.
3. Parking: The existing Conditional Use Permit required the church to
provide 700 spaces. With the expans.ion,.-a total of 784 spaces will be
provided on site. The Development Code requires that parking be
provided for the addition at the rate of one space per 35 square feet of
classroom, meeting space, and worship floor area. Within the addition,
only 1572 square feet will be used for classroom space, therefore, the
parking requirements are calculated as follows:
Additional parking required 45 spaces
Existing CUP parking required 700 spaces
Total required 745 spaces
Total provided 784 spaces
It is recommended that the church be restricted to a total of 1572 square
feet of classroom area for adult- instruction within the addition during the
Sunday peak times. Additional parking will be provided for future phases
development. ,
4. Site access: Two driveways on Golden Springs Drive provide access onto
the site. One is located at the southerly property line and the other is by
way of Lavender Drive, a private street shared by the Target shopping
center. A traffic light is located at the Lavender Drive entrance that
controls traffic flow onto the project site and the adjacent Target shopping
center site.
E. Development Review (Section 22.48): The proposed project is designed
according to the applicable development standards and design guidelines
contained in the Diamond Bar Village Specific Plan and Development Code. The
following table shows the project's consistency with the applicable standards.
1. Diamond Bar Village Specific Plan Development Standards:
Development Standard Proposed Meets Requirements
Max. floor area 19,702 Yes
FAR 1.0 max. 23 Yes
Min. building front setback: 20' 400'+ Yes
Parking lot setback from Golden
Springs Dr: 20' min.
20' Yes
Maximum bldg. ht.: 50' 32' Yes
Page 4
CUP 2006-11 & DR 2006-32.
Standard Proposed Meets RequirementseDevelopment
Landscaping: 12% of site 44.50/6 Yes
5% of parking lot 6.2% Yes
Parking (1 space/35 square feet for 784 Exceeds
sanctuary, meeting rooms, and
classroom space): See above
parking analysis.
2. Pedestrian Walkway: A pedestrian walkway is proposed along northerly
side of the entry driveway off Lavender Drive. Because of the steepness
of the slope on that side, the walkway stops just before the intersection
with Lavender Drive. To encourage pedestrian circulation with the Target
site, staff is recommending a walkway connection be installed across the
driveway along the planter area by the new garden area.
3. Architectural design: The proposed design of the addition picks up the
theme established by the existing church building. It is a contemporary
style consisting of curtain walls of reflective glasses and aluminum frames.
The addition will include areas with exterior plaster punctuated with the
same glass curtain wall as the existing. The two entries proposed for the
addition on the south elevation will be sheltered by a suspended canopy.
The addition reflects the style of the existing building, but is distinguished
as a separate element through the use of a different design element.
4. Landscape: The project involves installation of new landscaping
throughout the site within the new parking lot areas and at the driveway
entrances. The driveway entrances will receive enhanced landscape
treatment with additional shrubs, groundcover and specimen -sized
California live oaks. The courtyard area will also receive landscaping
treatments in addition to hardscape and water features. The proposed
landscaping meets the required amount of landscaping that must be
provided.
3. Signage The applicant has submitted an application for a
comprehensive sign program that will be considered at a future date.
F. Conclusion:
The church is sufficiently separated from residential uses, the golf course and
adjacent commercial uses. Sufficient parking will be created on the site to
accommodate the church activities. Therefore, the site is of sufficient size to
accommodate the proposed project and will not have a negative impact on the
surrounding area.
Page 5
CUP 2006-11 & DR 2006-32,
Public hearing notices were mailed to property owners within a 700 -foot radius of the
project site and the notice was published in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a
copy of the legal notice was posted at the City's designated community posting sites.
ENVIRONMENTAL ASSESSMENT:
On June 29, 2004, the City Council approved and certified an Addendum to the
previously certified Environmental Impact Report (EIR). It is determined that no new
environmental issues have been identified and that none of the elements set forth in
Public Resource Code Section 21166 or Section 15162 of the California Environmental
Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or
Mitigated Negative Declaration is required to be prepared.
Staff recommends that the Planning Commission approve the project with conditions.
Prepared by:
Sandra Campbell
Contract Senior Planner
Attachments:
R(#iewed by:
Nancy Fong, ki
Community -,N pment Director
1 Draft resolution recommending approval of Conditional Use Permit No. 2006-11
and Development Review No. 2006-32;
2. Exhibit "A" — Site plan, conceptual landscape plan, architectural elevations, and
conceptual grading plan
3. Exhibit "B" — Diamond Bar Village Specific Plan conceptual plan
Page 6
CUP 2006-11 & DR 2006-32,
PLANNING COMMISSION
RESOLUTION NO.2007-xx
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2006-11
AND DEVELOPMENT REVIEW NO. 2006-32 TO CONSTRUCT AN
APPROXIMATELY 19,702 -SQUARE -FOOT TWO-STORY ADDITION AND
SITE IMPROVEMENTS AND CONCEPTUAL APPROVAL OF A 17,000 -
SQUARE -FOOT BOOKSTORE BUILDING AND 60,000 -SQUARE -FOOT
SINGLE -DECK PARKING STRUCTURE AT THE EXISTING CALVARY
CHAPEL LOCATED AT 22324 GOLDEN SPRINGS DRIVE (APN: 829-045-
006)
A. RECITALS
1. The applicant, Dale Goddard, has filed an application for Conditional Use
Permit No. 2006-11 and Development Review No. 2006-32, to construct an
approximately 19,702 -square -foot, two-story addition and site improvements
and conceptual approval of a 17,000 -square -foot bookstore building and
60,000 -square -foot single -deck parking structure to the existing Calvary
Chapel located at 22324 Golden Springs Drive, Diamond Bar, California.
Hereinafter in this Resolution, the subject Conditional Use Permit and
Development Review shall be referred to as the "Application."
2 Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin and public hearing
noticeswere mailed to property owners within a 700 -foot radius of the project
site. Further, a public hearing notice display board was posted at the site and
at three other locations within the project vicinity.
3 On February 27, 2007, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identified
above in this Resolution does not require further CEQA review. On June 29,
2004, the City Council approved and certified an Addendum to the previously
certified Environmental Impact Report (EIR). It is determined that no new
environmental issues have been identified and that none of the elements set
forth in Public Resource Code Section 21166 or Section 1.5162 of the
California Environmental Quality Act Guidelines exists. Therefore, no
subsequent or supplemental EIR or Mitigated Negative Declaration is
required to be prepared.
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 wildlife resources or the habitat
upon which the wildlife depends. Based upon substantial evidence, this
Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
CONDITIONAL USE PERMIT (CUP)
The proposed project is consistent with the required conditional use permit findings
contained in Section 22.58.040 of the Development Code as follows:
a) The proposed use is allowed within the subject zoning district with the
approval of a conditional use permit and complies with all other applicable
provisions of the development code and the Municipal Code.
The proposed project involves construction of an addition onto an existing
church and future construction of a single -deck parking structure and
bookstore building. As conditioned, the project complies with applicable
provisions of the Development Code, Diamond Bar Village Specific Plan and
Municipal Code. As conditioned, the project meets all the standards related
to height, setbacks, parking, circulation, and landscaping requirements.
b) The project is also consistent with General Plan Objective 3.2 that states,.
Ensure that new development, and intensification of existing development,
yields a pleasant living, working, or shopping environment, -and attracts
interest of residents, workers, shoppers and visitors as the result of
consistent exemplary design."
The proposed project is consistent with this objective in that, as conditioned,
it will result in a well-designed addition that compliments the design of the
2
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
existing building. The addition will be constructed on the rear of the existing
building and will not be visible from adjacent uses. The revised parking lot
will provide sufficient parking on-site to accommodate the project. The
project will also involve the provision of additional landscaping that will further
enhance the existing site.
c) The design, location, size, and operating characteristics of the proposed use
are compatible with existing and future land uses in the vicinity. As
conditioned, the proposed project is consistent with all applicable
development standards in the Development Code and the Diamond Bar
Village Specific Plan. The design of the addition will complement and be
compatible with the existing church facility. The additional parking demand
created by the project will be accommodated on the site with the
development of additional parking. The project is buffered from nearby
residential uses by an area designated as open space. The project will also
be compatible with the adjacent Target shopping center.
d) As referenced above in Items (a) through (c), the project 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.
e) As conditioned, the proposed project will not be detrimental to the public
interest, health, safety, convenience, or welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district. Before the
issuance of any City permits, the proposed project will be required to comply
with all conditions within the approved resolution and the Building and Safety
Division, Public Works Division, and Fire Department requirements. Through
the permit and inspection process, those 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.
The proposed project has been reviewed in compliance with CEQA and has
been found to not require further review under CEQA.
DEVELOPMENT REVIEW
The design and layout of the proposed project are consistent with the findings
required for approval of development review applications as follows:
g) As conditioned, the design and layout of the proposed project are consistent
with the general plan, development standards of the zoning district, and
design guidelines. The proposed project is consistent with the General Plan
Land Use Element Objectives 3.2 as outlined in Section (b) above. As
conditioned, the project is consistent with development standards of the
Diamond Bar Village Specific Plan. The proposed addition will complement
3
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
the existing church building and be compatible with existing surrounding
development in the quality of the design of the addition and provision of
landscaping that will enhance the site.
h) As discussed above in Items (a) through (f), the design and layout of the
proposed development will not interfere with the use and enjoyment of
neighboring existing or future development, and will not create traffic or
pedestrian hazards.
i) As discussed above in Item (c), the architectural design of the proposed
development is compatible with the characteristics of the surrounding
neighborhood and existing church building and will maintain the harmonious,
orderly and attractive development contemplated by Chapter 22.48 of the
Development Code, the Diamond Bar Village Specific Plan, the General
Plan, or City Design Guidelines.
As discussed above in Item (f), the design of the proposed development will
provide a desirable environment for its occupants and visiting public, as well
as its neighbors, through a design that complements and does not
overwhelm the existing church building.
k) Before issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution and the Building
and Safety Division, Public Works Division, and Fire Department
requirements. Through the permit and inspection process, those 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. Additionally and because of the factors discussed above in Items
a) through (c), and (d) the proposed project will not have a negative affect
on property values or in the vicinity.
5. Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application subject to the following conditions:
a. General,
1) The project shall substantially conform to title sheet, site plan, floor
plan, elevations, landscape plan, comprehensive sign plan and details
collectively labeled as Exhibit "A" dated February 27, 2007, as
submitted to, amended herein, and approved by the Planning
Commission.
2) To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodic review.
If non-compliance with conditions of approval occurs, the Planning
4
Planning Commission Resolution No. 2006-xx
CUP 2006-11 &DR 2006-32.
Commission may review the Conditional Use Permit. The Commission
may revoke or modify the Conditional Use Permit.
3) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a fee for a documentary handling fee in connection with
Fish and Game Code requirements. Furthermore, if this project is not
exempt from a filing fee imposed because the project has more than a
deminimis impact on fish and wildlife, the applicant shall also pay to
the Department of Fish and Game any such fee and any fine which
the Department determines to be owed.
5) The 17,000 square foot bookstore and the 60,000 square foot parking
structure is approved in concept only. The applicant shall submit an
application for Development Review of the precise plans for those
projects, subject to Planning Commission review and approval.
6) . Use of classroom for adult instruction within the addition shall be
restricted to 1572 square feet of floor area on Sundays.
7) Before issuance of any City permits, the applicant shall provide a
revised landscape plan for the Planning Division's review and
approval with the following changes:
a) P
I
rovision of a pedestrian walkway within the landscape area
along the Lavender Drive at a location to be determined by the
Planning Division.
b) Provision of pedestrian walkway signs along Lavender Drive.
8) The landscape contractor shall obtain a business registration with the
City of Diamond Bar before start of work.
9) Upon inspection and if it is determined that the anticipated density of
plant materials as shown on the approved plans do not fully address
the intended purpose of screening, compliance with conditions of
approval or aesthetics, the Community Development Director or
designee may require the planting of up to 10 percent of the approved
density of plant materials.
10) Applicant shall submit an application for a sign permit for review and
approval by the Planning Division before installation of any signs.
Signs are subject to separate building and electrical permits.
5
Planning Commission Resolution No. 2006-xx
CUP 2006-11 &DR 2006-32.
11) All landscaping and irrigation shall be installed prior to final inspection
and prior to issuance of Certificate of Occupancy.
12) All outdoor lighting shall conform to current City requirements as
specified in Section 22.16.050 of the Municipal Code.
13) The construction contractor shall abide by all requirements of the City
Code related to noise, as specified in Diamond Bar Municipal Code
Chapter 8.12.
C. Building & Safety Division
14) Fire Department approval will be required. Please contact the Fire
Department
15) The proposed tenant improvement shall comply with the provisions of
the 2001 California Building Code. Specify type of construction, group
occupancy for each area and sprinkler system requirements.
16) Applicant shall submit drawings and calculations prepared by a
licensed Arch itect/E ngineer with wet stamp and signature. Show detail
for separation walls between different occupancy. Provide code
analysis for the entire site.
17) Note on plans "separate permit is required for all wall and monument
signs".
18) The project must be protected by a construction fence and shall
comply with the NPDES & BMP requirements (sand bags, etc...) also
shall comply with construction fencing
19) Number of accessible parking shall be in compliance with title 24
accessibility requirements including van and other accessible parking.
Provide compliance with van accessible parking, path of travel clearly
on site plan for the entire project, including all buildings, total parking,
width of path of travel, maximum slope and cross slope, and signage.
20) Reception counter shall comply with title 24 accessibility requirements
also, show compliance with lever type hardware.
21) Provide exit analysis showing occupant load for each space, exit
width, and exit signs (existing and new). All new entrances and exits
shall comply with Title 24 accessibility compliance. Compliance shall
be clearly shown on plans.
6
Planning Commission Resolufion No. 2006-xx
CUP 2006-11 & DR 2006-32.
M
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: Dale Goddard, Calvary Chapel, 22324 Golden Springs Drive,
Diamond Bar, CA 91765.
Steve Nelson, Chairman
1, Nancy Fong, 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
27th day of February 2007, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Nancy Fong, Secretary
7
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
PROJECT #: Conditional Use Permit No. 2006-11 and Development Review
No. 2006-32
SUBJECT: Construction of an approximately 19,702 -square -foot two-story
addition and site improvements and conceptual approval of 6 17,0007
square -foot bookstore/sanctuary building and 60,000 -square -foot
single -deck parking structure
APPLICANT: Dale Goddard, Calvary Chapel, 22423 Golden Springs Drive,
Diamond Bar, CA 91765
LOCATION: 22324 Golden Springs Drive, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A) GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or. annul, the approval of Conditional Use Permit No. 2006-11, and
Development Review No. 2006-32 brought within the time period provided by
Government Code Section 66499.37. In the event the city and/or its officers,
agents and employees are made a party of any such action:
a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
8
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
Applicant shall promptly pay any final judgment rendered against the
City descendents. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Conditional Use Permit No. 2006-11 and Development
Review No. 2006-32, 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 Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2007-xx,
Standard Conditions, and all environmental -mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8.. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape, irrigation, and elevation plans shall be
coordinated for consistency prior to issuance of City permits (such as
grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
10. Applicant shall remove the public hearing notice board within three days of
this project's approval.
9
Planning Commission Resolution No. 2006 -roc
CUP 2006-11 & DR 2006-32.
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
1 Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid priorto 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 come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
1. The approval of Conditional Use Permit No. 2006-11 and Development
Review No. 2006-32 expire within two years from the date of approval if the
use has not been exercised as defined in accordance to Municipal Code
Section 22.66.050 (b)(1). The applicant may request in writing a one year
time extension subject to Municipal Code Section 22.60.050(c) for Planning
Commission approval.
D. SITE DEVELOPMENT
1. 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, collectively labeled and referenced
herein as Exhibit "A" including: site plans, floor plans, architectural
elevations, exterior materials and colors, landscaping, comprehensive sign
plan, and irrigation on file in the Planning Division, the conditions contained
herein, Development Code regulations.
2. 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.
3. All structures, including walls, 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 owner/occupant.
10
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
F. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether during
or subsequent to construction shall be done only by the property owner,
applicant or by a duly permitted waste contractor, who has been authorized
by the City to provide collection, transportation, and disposal of solid waste
from residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste contractor
used has obtained permits from the City of Diamond Bar to provide such
services.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1 An Erosion Control Plan shall be submitted clearly detailing erosion control
measures. These measures shall be implemented during construction
between October
1st and April 15th. The erosion control plan shall conform
to national Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMPs).
2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
SUSMP) requirements to the satisfaction of the City Engineer.
3. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING RETAINING WALLS
1 Prior to grading plan submittal, al, a geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California, shall be
submitted by the applicant for approval by the City.
2. Upon approval of the g.eotechnical report, the applicant shall submit drainage
and grading plans prepared by a Civil Engineer, licensed by the State of
California, prepared in accordance with the City's requirements for the City's
review and approval. A list of requirements for grading plan check is available
11
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
from the Public Works Department. All grading (cut and fill) calculations shall be
submitted to the City concurrently with the grading plan.
3. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the
grading plan.
5. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of ,the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall
be submitted to the Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
7.. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
8. The maximum grade of driveways serving building pad areas shall be 15
percent. In hillside areas driveway grades exceeding 15 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of
15 percent shall incorporate grooves for traction into the construction as
required by the City Engineer.
9. All slopes shall be seeded per landscape plan and/or fuel modification plan
with native grasses or planted with ground cover, shrubs, and trees for
erosion control -upon completion of grading or some other alternative method
of erosion control shall be completed to the satisfaction of the City Engineer.
10. Prior to the issuance of building permits, a pre -construction meeting shall be
held at the project site with the grading contractor, applicant, and city grading
inspector at least 48 hours prior to commencing grading operations.
11. Rough grade certifications by project soils engineer shall be submitted prior
to issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
12. Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works Department prior to the issuance of any
project final inspections/certificate of occupancy respectively.
12
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
rfjnnmg
13. Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All dra'inage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
14. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of
California to the satisfaction of the City Engineer and Los Angeles Public
Works Department.
D. TRAFFIC MITIGATION
15. All fair share fees shall be paid before issuance of certificate of occupancy.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2004 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
3. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). 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. Kitchen and bathroom lights shall be
fluorescent.
5. This project shall comply with all Accessibility Code requirements including
accessible parking, path of travel, elevators, restrooms, drinking fountains,
etc. Provide compliance with van accessible parking, path of travel, etc.
Reception counter shall comply with the title 24 accessibility requirements.
6. Applicant shall submit Public Works Department approved grading plans
showing clearly all finish elevations, drainage, and retaining walls locations.
13
Planning COMMISSiDn Resolution No. 2006-xx
CUP 2006-11 &DR 2006-32.
7. Separate permit shall be required for all wall and monument signs and shall
be noted on plans.
8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
9. Applicant shall provide exit analysis showing occupant load for each space,
exit width, exit signs, etc.
10. Applicant shall indicate the proposed addition and existing building on the
plans.
11. Applicant shall submit code analysis and justification showing the following:
a. Each building square foot;
b. Each building height;
c. Type of construction;
d. Sprinkler system;
e. Each group occupancy;
f. Property line location in relation to each building (side yard);
g. Exit analysis for each building (occupant load/corridor rating/exit
width/exit signs, etc.);
h. Accessibility analysis for the entire site and for each building; and
L Shaft rating/ exterior walls construction/ opening protection.
12. Applicant shall verify adequate exit requirements. The distance between
required exits shall be Y2 of the building diagonal.
13. Building setback from any slope (toe or top) shall meet Chapter 18 of the
2001 California Building Code.
14. Applicant shall indicate all easements on the site plan.
15. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
in High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 114 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
16. All retaining walls shall be submitted to the Building & Safety and Public
Work Departments for review and approval.
17. Grading plans shall be submitted showing clearly all finish elevations,
drainage, and retaining wall locations. No building permits shall be issued
prior to submitting a pad certification.
14
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
18. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
19. Drainage patterns shall be checked with Engineering Department. Surface
water shall drain away from building at a 2% minimum slope.
20. Applicant shall specify location of tempered glass as required by code.
21. Applicant shall specify 114"/ft slope for all flat surfaces/ decks with approved water
proofing material. Provide guardrail connection detail (height, spacing, etc.)
22. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Emergency access shall be provided, maintaining free and clear, a minimum
28 feet at all times during construction in accordance with Fire Department
requirements.
2. Prior to the issuance of any building permits for combustible construction,
evidence shall be submitted to the Fire Department that temporary water
supply for fire protection is available pending completion of the required fire
protection system.
3. Fire hydrant shall have a flow test.
4. Provide a 32 -foot turning radius at all 90 degree turns.
5. An additional on-site fire hydrant may be required.
6. Fire sprinklers shall expand to the new addition.
7. The required fir
r
e flow is 3,000 gpm @ 20 psi for on-site fire hydrants.
AM
15
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
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AGENDA REPORT
21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL. (909) 839-7030 — FAX (909) 861-3117 — www.CityofDiAmondBar.com
MEETING DATE:
CASEXILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
APPLICANT:
February 27, 2007
Development Review No. 2006-43
1019 Via Sorella Street
Diamond Bar, CA 91765
To operate a tutoring school for
kindergarten to eight graders.
Ying Akkos
1019 Via Sorella Street
Diamond Bar, CA 91765
Ying Akkos
1019 Via Sorella
Diamond Bar, CA 91765
STAFF RECOMENDATION: Conditionally Approve
BACKGROUND:
The project site is the last parcel on Via Sorella Street. It is rectangular shaped and
approximately 16,186 square feet in size. The project site is developed with a two-
story multi -family residential building of approximately 3,994 square feet under
County standard in 1960. In 1982 and under the County's jurisdiction, the building
was converter to an office building.
The applicant bought the subject property at the end of 2004 and opened a tutoring
school to Diamond Bar. The applicant went to Los Angeles County to obtain a
business license. The County does not require a business license for a school. So,
the applicant opened the business at the subject site not realizing that Business
Registration and Development Review approval are required. As a result of
complaints from a neighbor, the applicant was informed of the requirement to submit
a Development Review application in December 2005 and May 2006. The applicant
complied with the requirement after a citation was issued in December 2006. The
applicant requests approval for an existing school that tutors English, Chinese, Math,
flute and piano to kindergarten through eight grade students
ANALYSIS:
A. Review Authority (Section 22.48)
Development Review approval is required because the tutoring school is
considered an intensification of use, from office to school. The Planning
Commission is the review authority for the Development Review application.
B. Site and Surrounding General Plan, Zoning and Uses
2 DR 2006-43
General Plan Zone Uses
Site Commercial -Office Commercial -Office Office Building with
CO)
CO) Tutoring School
North N/A CO Self -Storage Facility &
SR -10 Freeway
South N/A N/A SR -57 Freeway
East CO CO Office Building (Walnut
Pools, etc) & SR -57
Freeway
West CO and Low -Medium CO & R-1-8,000 Self -Storage Facility &
I Residential (RLM) Single Family
Residential
I
2 DR 2006-43
C. Development Review (Section 22.48
The purpose of Development Review is to establish consistency with the
General Plan through the promotion of high aesthetic and functional
standards to compliment and add to the economic, physical, and social
character of the City. The process ensures that new development and
intensification of existing development yields a pleasant living, and attracts
the interests of residents and visitors as the result of consistent exemplary
design.
1. Business Description
The tutoring school occupies the entire building. The first floor will has
five class rooms, computer room office and restrooms. The second floor
is used for individual tutoring. The exterior of the existing building will
not change.
2. Operational Characteristics
Days of Operation Monday — Saturday; Closed Sundays
Hours of Operation Monday through Friday: 3:30 p.m. to 6:00
p.m.;
Saturday: 9:30 a.m. to 12 noon and
individual lessons from 9:00 a.m. to 8:00
p.m.
Number of Class Per Business Day Approximately 4, with no more than 2 at
any given time
Time Frame Per Class 2 hours for beginning level; and I hour for
advance level
Number of Students Per Class Varies 6-10
Age of Students 5 through 15 years old; Kindergarten
through eighth grade
Number of Teachers/Employees 5 teachers (owner is teacher and
administrator)
Vehicles Used For Business None
Special Events/Exhibitions None
3. Parkinci
According to the Development Code, one parking space is required for
3 DR 2006-43
each 200 square feet of gross floor area. Therefore, 19 parking spaces
would be required. This number would be considered the worst-case
scenario. The project site provides 11 parking spaces and one
handicapped parking space for a total of 12 spaces.
Because of their age, students will be dropped -off and picked -up by
parents. Five teachers could be on site at any one time leaving seven
parking spaces for visitors. The school has been operating for
approximately one year with the existing parking spaces without any
issues brought to the City's attention. Therefore, staff determines that
the twelve parking spaces provided on site will be adequate. In the
future, if the applicant expands the school, the parking will be revisited
for adequacy.
C. Additional Review
The City's Public Works and Building and Safety Divisions reviewed this
project. Their recommendations are within the attached resolution.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act (CEQA),
Section 15303(c), the City has determined that this project is categorically exempt.
Public hearing notice was mailed to approximately 40 property owners within a 500
foot radius of the.project site and the notice was posted in three public places on
February 11, 2007. The project site was posted with a display board on February 14,
2007. The public hearing notice was published in the San Gabriel Valley Tribune
and Inland Valley Daily Bulletin newspapers on February 16, 2007.
Staff recommends that the Planning Commission approve Development Review No.
2006-43, Findings of Fact and Conditions of Approval as listed within the attached
resolution.
rppared V.
Aqn J. Lungu
Associate Planner
Reviewed
Nancy Fonlm6p___,'
Community Development Director
DR 2006-43
Attachments:
1 . Draft Resolution;
2. Aerial;
3. Exhibit "A" - site plan, floor plan; date stamped February 20, 200; and
4. Letter from AP Learning Center dated January 24, 2007.
DR 2006-43
PLANNING COMMISSION
RESOLUTION NO. 2007 -XX
A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA
PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO.
NO. 2006-43, A REQUEST TO OPERATE AND EXISTING SCHOOL
FOR KINDERGARTEN TO EIGHT GRADE WITHIN AN EXISTING TWO-
STORY OFFICE BUILDING. THE PROJECT SITE IS LOCATED AT
1019 VIA SORELLA STREET (APN: 8763-001-034), DIAMOND BAR,
CALIFORNIA.
A. RECITALS
Property owner, Ying Akkos has filed an application for Development Review
No. 2006-43 for a property located at 1019 Via Sorella Street, Diamond Bar,
Los Angeles County, California. Hereinafter in this Resolution, the subject
Development Review shall be referred to as the "Application."
2. On February 11, 2007, public hearing notices were mailed to approximately
40 property owners within a 500 -foot radius of the project site and the notice
was posted in three public places. The project site was posted with a display
board on February 14, 2007. On February 16, 2007, notification of the public
hearing for this project was provided in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers.
3. On February 27, 2007, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
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 project identified above in
this Resolution is categorically exempt in accordance to Section 15303 (c) of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar;
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 the next to last parcel on Via Sorella Street. It is
rectangular shaped and approximately 16,186 square feet. The
project site is developed with a two-story office building of
approximately 3,994 square feet.
b) The project site has a General Plan land use designation of
Commercial Office (CO);
c) The zoning designation for the project site is Commercial Office (CO).
d) Generally the following zones and uses surround the project site: to
the north is the CO zoning district and Self -Storage Facility & SR -10
Freeway; to the south is the SR -57 Freeway; to the east is the CO and
office building (Walnut Pools, etc) & SR -57 Freeway; and to the west
are the CO & R-1-8,000 zoning districts and a self -storage facility &
single-family residences.
e) Pursuant to Development Code Section 22.48, this application is a
request for Development Review approval to operate and obtain the
appropriate permits for an existing school that tutors English,
Chinese, Math, flute and piano to kindergarten through eight grade
students
Development Review
f) The proposed office building was built prior to the City's incorporation
and under the jurisdiction of Los Angeles County with the appropriate
permits. The project site has a General Plan land use designation of
Commercial Office (CO) which provides for the establishment of
diverse, mixed uses for commercial retail, office and services uses.
The school is a service use which is consistent with the General Plan
land use designation for the project site. A specific plan, area theme,
planned development, etc does not exist for the project site or area.
2
Planning Commission Resolution No. 2006-41
g) As discussed in Finding (f) above, the project site was developed
prior to the City's incorporation. Via Sorella Street is a small cul-de-
sac which supports three small businesses. This street provides
access for only the three businesses. Since this is an existing small-
scale school, it is not expected to create traffic or pedestrian hazards.
It is surrounded by the CO zoning district and a self -storage facility
and freeway to the north; a freeway to the south; and the remaining
two businesses on Via Sorella Street to the east and west. All parking
and school facilities are on-site. Therefore, the design and layout of
the existing school will not interfere with the use and enjoyment of
neighboring existing or future development, and will not create traffic
or pedestrian hazards.
h) As discussed in Finding (f) above, the project site was developed prior
to the City's incorporation. The proposed project does not alter the
existing building in any way. However, landscaping improvements
along with resurfacing the parking area, repairing the driveway and
restriping the parking lot area will be done in phases within a six
month time frame to accommodate the applicant's budget. These
improvements will enhance the project site and provide a harmonious
project site.
As discussed in Findings (f), (g) and (h) above, the project site was
developed prior to the City's incorporation. The subject school does
not required exterior alterations to the building. As conditioned,
general clean-up and repairs to the project site will provide a desirable
environment for it occupants and visiting public as well as its
neighbors.
As referenced above in Findings (f) through (j), the subject school, as
conditioned herein, will meet the City's minimum development
standards. Furthermore, prior to the issuance of any City permits, the
proposed project is required to comply with all conditions within the
approved resolution and requirements set forth by the City's Building
and Safety Division. Therefore, granting Development Review
approval will not be detrimental to the public interest, health, safety,
convenience, or welfare, or injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is
located.
k) In accordance to the provisions of the California Environmental
Quality Act (CEQA) of 1970, as amended and the guidelines
promulgated thereunder, this project is categorically exempt pursuant
3
Planning Commission Resolution No. 2006-41
to Section 15303 (c) of Article 19 of Chapter 3 of Title 14 the
California Code of Regulations.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and the attached standard conditions:
Planninq Division
a) The project shall substantially conform to a site plan and floor plan
labeled as Exhibit "A" dated February 27, 2007, as submitted,
amended herein and approved by the Planning Commission.
b) This approval is for tutoring school only. Day care operation shall not
be allowed unless the applicant obtains approval of a Conditional Use
Permit.
c) Hours of operation and operating characteristics shall be as follows:
Days of Operation Monday throu h Saturday
Hours of Operation Monday through Friday: 3:30 p.m. to 6:00 p.m.;
Saturday: 9:30 a.m. to 12 noon and individual
lessons from 9:00 a.m. to 8:00 p.m.
Any changes to the hours and/or days of operation shall be subject to
the Community Development Division review and approval;
d) Any future expansion or intensification of the school shall require
approval of an amendment to Development Review No. 2006-43 and
an on-site parking study.
e) Within six month of this approval, the applicant shall reseed the grass
areas at the project site, repair or replace the driveway and repair
and/or slurring seal the parking lot area.
f) In the future, if the school is expanded or demolished and rebuilt, the
applicant shall connect to a public sewer system.
g) If the access area beyond the cul-de-sac is vacated, the applicant
shall agree to a common access easement with the adjacent property
at 1009 Via Sorella Street.
h) If the access area beyond the cul-de-sac is vacated, the applicant
shall repair and repave the access easement that fronts their property
4
Planning Commission Resolution No. 2006-41
when the adjacent property at 1009 Via Sorella Street repairs and
repaves the access easement that fronts their property.
Within 30 days of this approval, the applicant shall repair the existing
fence at the front of the project site, store trash receptacles out of
public view and do general clean-up of the site.
Special events shall require approval of a Temporary Use Permit.
k) Signs for the project site shall be approved by the Planning Division.
Building & Safety Division
a) Fire Department approval shall be required.
b) This project shall comply with all handicap accessibility code
requirements including accessible parking including van parking, path
of travel, elevations, restrooms, drinking fountains, reception counter
c) Separate permit shall be required for all wall and monument signs.
d) . Plans shall show the location of all tempered glass as required by
code.
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: Ms. Ying Akkos, 1019 Via Sorella Street, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 27th OF FEBRUARY 2007, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
In
Steve Nelson, Chairman
5
Planning Commission Resolution No. 2006-41
I, Nancy Fong, 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 27th
day of February 2007, by the following vote:
AYES: Commissioners:.
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
Nancy Fong, Secretary
6
Planning Commission Resolution No. 2006-41
a
Q: 1: 7A ON 11T11 r: rM
SUBJECT: Operation of school within an existing office building
APPLICANT: Ying Akkos, AP Learning Center.
LOCATION: 1019 Via Sorefla Street, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT
909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Conditional Use Permit No. 2006-14 brought
within the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made a party
of any such action:
a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
b) Applicant shall promptly pay any final judgment rendered against the
City descendents.
7
Planning Commission Resolution No. 2006-.41
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 No. 2006-43, at the City of Diamond
Bar Community and Development Services 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. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
4. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
5. 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.
6. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
7. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the. processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Development Review shall expire within two years from the
date of approval if the use has not been exercised as defined per Municipal
8
Planning Commission Resolution No. 2006-41
A
Code Section 22.66.050 (b)(1).
year time extension subject to
Planning Commission approval.
SITE DEVELOPMENT
The applicant may request in writing a one
Municipal Code Section 22.60.050(c) for
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, collectively referenced herein as
Exhibit "A" including: site plans and floor plans on file in the Planning
Division, the conditions contained herein, Development Code regulations, the
Specific Plan, and the Community Plan.
2. 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.
3. To ensure compliance with all conditions of approval and applicable codes,
the Development Review shall be subject to periodic review. If non-
compliance with conditions of approval occurs, the Planning Commission
may review the Development Review. The Commission may revoke or
modify the Development Review.
4. No amplified music or sound shall be permitted. Applicant shall comply with
the City's noise standards.
5. All roof mounted equipment shall be screened from public view.
6. 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
owner/occupant.
F. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether
during or subsequent to construction shall be done only by the property
owner, applicant or by a duly permitted waste contractor, who has been
authorized by the City to provide collection, transportation, and disposal of
solid waste from residential, commercial, construction, and industrial areas
within the City. It shall be the applicant's obligation to insure that the waste
01
Planning Commission Resolution No. 2006-41
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.
1. An Erosion Control Plan shall be submitted concurrently with the grading
plan clearly detailing erosion control measures. These measures shall be
implemented during construction between October 1St and April 15th. The
erosion control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's).
2. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1 All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site isnot supervised.
2. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
3. The maximum grade of driveways serving building pad areas shall be 15
percent. In hillside areas driveway grades exceeding 15 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of
15 percent shall incorporate grooves for traction into the construction as
required by the City Engineer.
10
Planning Commission Resolution No. 2006-41
Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
3. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
4. Applicant shall provide exit analysis showing occupant load for each space,
exit width, exit signs, etc. Adequate exit requirements shall be verifies. The
distance between required exits shall be 1/2of the building diagonal.
5. Applicant shall indicate the proposed us of existing building on the plans and
submit code analysis and justification showing the following:
a. Building square foot
b. Building height
G. Type of construction
d. Sprinkler system
e. Each group occupancy
f. Property. line location in relation to the building
9- Accessibility analysis for the entire site and building
h. Shaft rating/ exterior walls construction/ opening protection (if
applicable)
11
Planning Commission Resolution No. 2006-41
1. Emergency access shall be provided, maintaining free and clear, a minimum
28 foot at all times during. construction of improvements in accordance with
Fire Department requirements.
AM
12
Planning Commission Resolution No. 2006-41
AP LEARNING CENTER
1019 VIA SORELLA
DIAMOND BAR, CA 91789
January 24, 2007
Ms. Ann J. Lungu
Associate Planner
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4178
r.::' I . r7 - ,—I
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2611 JAtt r::s
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itt
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Re: Development Review No. 2006-43 for the AP Learning Center located at 1019 Via Sorella,
Diamond Bar, CA 91789
Dear Ms. Lungu,
Pursuant to your letter, dated December 12, 2006, this supplementary information is hereby submitted for
review in connection with my property use application. The subject properties business operational
characteristics are as follows:
Hours of Operation: The facility operates Monday through Friday from the hours of 3:30 pm to 6:00 pm
and on Saturday from 9:30 am to 12 noon.
Total number of students: The facility houses a total of 30 students during the week and 25 students on
Saturday.
Number of students per classroom: As there are currently a total of (5) classroom incorporated into the
facility, the following is a break out of the number of students per classroom.:
Classroom #i has six (6) students
Classroom #2 has ten (10) students
Classroom 43 has -one (1) student
Classroom #4 has six (6) students
Classroom #5 has six (6) students
Office has one (1) student
The ages of the students at AP Learning Center range from age 5 through age 12 and grades representing K
through 8.
The subjects taught at AP Leaming Center include Chinese language classes, Math, English language
tutoring and one -on -ane flute and piano lessons.
Total number of classes per day and time: The are no more than two (2) classes being taught at any given
time at the facility. The break out of the class schedules are as follows:
From 3:30 pm to 4:30 pm in classroom #1 and #2, Chinese language, beginning level;
classroom #4 and #5, Math and English tutoring, beginning level.
From 4:45 pm to 5:45 pm in classroom #1 and 2, Chinese language advanced level;
classroom 94 and 95, Math and English tutoring, advanced level.
From Monday through Saturday, between the hours of 9:00 am to 8:00 pm there are a
series of individual flute/piano lessons taught on the facility both second and first floor
rooms.
Total number of teachers per day: AP Learning Center employs five (5) teachers to administer the current
curriculum.
Total number of administrative staff: AP Learning Center utilizes Mrs. Ying Akkos in the capacity of both
teacher and school administrator.
Total number of vehicles used for business and parked on the site during business hours: The total number
of vehicles parked on the facility site is four (4). These vehicles are either cars or vans. There are no trucks
or other commercial vehicles present or allowed on the site.
Please review this information and do not hesitate to call me if you need any further information or
clarification.
Sincerely, /
Ying Akkos
Principal of AP Learning Center
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E
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
On February 27, 2007, the Diamond Bar Planning Commission will hold a regular
session at 7:00 p.m., at the South Coast Quality Management District/Government Center -
Auditorium, 21865 Copley Drive, Diamond Bar, California.
Items for consideration are listed on the attached agenda.
1, Stella Marquez, declare as follows:
I am employed by the City of. Diamond Bar. On February 22, 2007, a copy of the
Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on
February 27, 2007, was posted at the following locations:
South Coast Quality Management
District Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Diamond Bar Library
1061 Grand Ave.
Diamond Bar, CA 91765
Heritage Park
2900 Brea Canyon Road
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 22, 2007, at Diamond Bar, California.
Stella Marquez
Community Developme.60-epartment
gA\affidavitposfing.doc
LANNING
COMMISSION FILE COPY
STUDY SESSION — 6:00 P.M.
South Coast Air Quality Management District/
Government Center - Conference Room CC -8
21865 Copley Drive
REGULAR MEETING — 7:00 P.M.
South Coast Air Quality Management District/
Government Center - Auditorium
21865 Copley Drive
Copies of staff reports
I
or other written documentation relating to agenda items are on file in the Planning
Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are
available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030
during regular business hours.
In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of
Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community &
Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium and encourages you to do the same
Steve NelsonChairman
Vice Chairman Tony Torng
Commissioner Kwang Ho Lee
Commissioner Kathleen Nolan
Commissioner Osman Wei
Copies of staff reports
I
or other written documentation relating to agenda items are on file in the Planning
Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are
available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030
during regular business hours.
In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of
Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community &
Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium and encourages you to do the same
Next Resolution No. 2007-11
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, February 27, 2007
AGENDA
STUDY SESSION: South Coast Air Quality Management District
Conference Room CC -8, 21865 Copley Drive, Diamond Bar, CA
CALL TO ORDER: 6:00 p.m.
0 Power Point presentation by City Manager regarding future annexation
development proposals.
PUBLIC COMMENTS
ADJOURNMENT:
REGULAR MEETING South Coast Air Quality Management District Auditorium
21865 Copley, Diamond Bar, CA
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman
Tony Torng, Kwang Ho Lee, Kathleen Nolan, Osman Wei
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non -agenda items. Please complete a
SDeakers Card for the recordinq Secretary (Completion of this form is voluntary.)
There is a five-minute maximum time limit when addressing the Planning Commission.
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The followingitems 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.
4.1 Minutes of Regular Meeting: February 13, 2007.
FEBRUARY 27, 2007 PAGE 2 PLANNING COMMISSION
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Conditional Use Permit No. 2006-11 and Development Review No. 2006-32
In accordance with code Sections 22.58 and 22.48 of the City of Diamond Bar
Development Code, the applicant has requested approval of Conditional Use
Permit No. 2006-11 and Development Review No. 2006-32 for a proposed
project involving an approximately 19,000 -square -foot addition to an existing
church and conceptual approval of future phases to include a 60,000 -square -
foot parking structure and 17,000 -square -foot bookstore/sanctuary building.
Project Address: 22324 Golden Springs Drive
Property Owner: Hidden Manna
22324 Golden Springs Dr.
Diamond Bar, CA 91765
Applicant: Dale Goddard
Calvary Golden Springs
22324 Golden Springs Dr.
Diamond Bar, CA 91765
Environmental Determination: On June 29, 2004, the City Council approved
and certified an Addendum to the previously certified Environmental Impactmpact
Report. It is determined that no new environmental issues have been identified
and that none of the elements set forth in Public Resource Code Section 21166
or Section 15162 of the CEQA Guidelines exists, therefore, no subsequent or
supplemental Environmental Impact Report or Mitigated Negative Declaration is
required to be prepared.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit No. 2006-11 and Development Review No. 2006-32,
Findings of Fact, and conditions of approval as listed within the draft resolution.
7.2 Development Review No. 2006-43 — In accordance to Code Section 22.48 of
the Diamond Bar Development Code, the applicant has requested Development
Review for an existing learning center for kindergarten to eighth grade. The
Development Review approval is required because the approval of a proposed
learning center is considered an intensification of use.
FEBRUARY 27, 2007 PAGE 3 PLANNING COMMISSION
Project Address: AP Learning Center, 1019 Via Sorella Street
Property Owner/ Ying Akkos
Applicant: 1019 Via Sorella Street
Diamond Bar, CA 91765
Environmental Determination: In accordance to the provisions of the
California Environmental Quality Act (CEQA), Section 15303(c), the City has
determined that this project is categorically exempt.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2006-43, Findings of Fact, and conditions of approval
as listed within the draft resolution.
8. PLANNING COMMISSION COMMENTS /INFORMATIONAL ITEMS:
9. STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
10. SCHEDULE OF FUTURE EVENTS:
L.A. COUNTY HOUSEHOLD
HAZARDOUS WASTE
E -WASTE ROUND UP:
CITY COUNCIL MEETING:
TRAFFIC AND
TRANSPORTATION
COMMISSION MEETING
PLANNING COMMISSION
MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
11. ADJOURNMENT:
Saturday, February 24, 2007
9:00 a.m. — 3:00 p.m.
Gateway Corp. Ctr., 1300 Block of
Bridge Gate Dr.
Tuesday, March 6, 2007 - 6:30 p.m.
SCAQMD/Government Center Auditorium
21865 Copley Drive
Thursday, March 8, 2007 — 7:00 p.m.
SCAQMD/Government Center Hearing
Board Room —' 21865 Copley Drive
Tuesday, March 13, 2007 — 7:00 p.m.
SCAQMD/Government Center Auditorium
21865 Copley Drive
Thursday, March 22, 2007 — 7:00 p.m.
SCAQMD/Government Center Hearing
Board Room — 21865 Copley Drive
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 13, 2007
rq_1995- -
Acting Chairperson Nolan called the meeting to order at 7:03 p.m. in the South Coast Air
Quality Management District/Government Center Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: . Commissioner Lee led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Osman Wei, and Acting
Chairperson Kathleen Nolan
Absent: Vice Chairman Tony Torng and Chairman Steve Nelson
were excused.
Also present: Nancy Fong, Community Development Director; Ann
Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney, L * inda Smith,
Development Services Associate and Stella Marquez, Senior Administrative
Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3 APPROVAL OF AGENDA: As Submitted
4 CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of February 13, 2007.
C[Wei moved, C/Nolan seconded to approve the Minutes of February 13,
2007, as presented. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
5. OLD BUSINESS: None
Wei, AChair/Nolan
None
Lee
VC/Torng, Chair/Nelson
R
7.
NEW BUSINESS:
PLANNING COMMISSION
7.1 Conditional Use Permit No. 2004-17(2) and Tree Permit No. 2004-10 — in
accordance to Sections 22.48 and 22.66.050 of the Diamond Bar Municipal
Code, the applicant requested a one-year extension of time approval to
begin construction on the previously approved application to construct an
approximate 1,382 square foot two-story addition with 990 square foot two-
story balcony and patio cover colonnade in the rear of an existing single-
family residence. The request also included the removal and replacement of
protected/preserved oak and walnut trees to grade and construct the series
of retaining walls in areas of varying topography from two to seven feet
exposed height. The grading and walls create a new pad for a basketball
court, swimming pool and spa. Staffs Development Review No. 2004-17(1)
approval deleted the guesthouse on November 18, 2005.
FWAINN111110"WA21
2800 Steeplechase Lane
Diamond Bar, CA 91765
Robert and Mary Chang
2800 Steeplechase Lane
Diamond Bar, CA 91765
Kent Wu
1274 E. Center Court Drive #211
Covina, CA 91724
And
Focus Engineering, Inc.
25 Mauchly #317
Irvine, CA 92618
DSA/Smith presented staffs report and recommended Planning Commission
approval of a one-year extension for Development Review No. 2004-17(2)
and Tree Permit No. 2004-10, Findings of Fact, and conditions of approval
as listed within the resolution.
AC/Nolan opened the public hearing.
FEBRUARY 13, 2007 PAGE 3 PLANNING COMMISSION
Kent Wu, applicant requested the Planning Commission approve the one-
year extension and offered to answer questions.
AC/Nolan closed the public hearing.
C/Lee moved, C/Wei seconded to approve a one-year extension for
Development Review No. 2004-17(2) and Tree Permit No. 2004-10, Findings
of Fact, and conditions of approval as listed within the resolution. Motion
carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Wei, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
7.2 Conditional Use Permit No. 2006-16 and Development Review
No. 2006-36 — In accordance to Sections 2258, 22.48 and 22.42 of the
Diamond Bar Municipal Code, this was a request to install and co -locate a
wireless telecommunications facility #LA0454A with six antenna mounted on
a new structurally modified park light pole consistent with the City Council's
Capital Improvement Project (CIP) for Sports Field Lighting at Peterson Park
and to construct an enclosed equipment building to match existing park
facilities.
PROJECT ADDRESS: Peterson Park
24142 E. Sylvan Glenn Road
Diamond Bar, CA 91765
PROPERTY OWNER: City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
APPLICANT: Royal Street Communications
c/o Core Communications
Ms. Maree Hoeger
2923 Saturn Street #A
Brea, CA 92821
DSA/Smith presented staffs report and recommended Planning Commission
approval of Conditional Use Permit No. 2006-16 and Development Review
No. 2006-36, Findings of Fact, and conditions of approval as listed within the
resolution.
FEBRUARY 13, 2007 PAGE 4
AC/Nolan opened the public hearing.
Maree Hoeger, representing the applicant, explained the project and asked
for Commission approval.
AC/Nolan closed the public hearing.
C/Wei moved, C/Lee seconded, to approve Conditional Use Permit
No. 2006-16 and Development Review No. 2006-36, Findings of Fact, and
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Wei, Lee, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
7.3 Development Review No. 2006-28 and Tree Permit NO. 2006-07 — In
accordance to Sections 22.48, 22.42 and 22.38 of the Diamond Bar
Municipal Code, this was a request to demolish an existing home of
approximately 5,000 square feet and construct a new home of approximately
23,996 square feet with four levels, a seven car garage and viewing lounge.
This request also included a tennis court, 935 square foot second house and
retaining walls not to exceed an exposed height of seven feet. The
Development Review is a design/architectural review. The Tree Permit is
required for the preservation of California pepper and walnut trees.
PROJECT ADDRESS
allmzwyfillz=
2260 Indian Creek Road
Diamond Bar, CA 91765
Mr. and Mrs. Derek Lee
2260 Indian Creek Road
Diamond Bar, CA 91765
ConDocS, Inc.
Aaron Walker
4531 Belham Court
Westlake Village, CA 91361
FEBRUARY 13, 2007 PAGE 5
nRAFT11
W Q
PLANNING COMMISSION
AssocP/Lungu presented staffs report and recommended Planning
Commission approval of Development Review No. 2 ' 006-28 and Tree Permit
No. 2006-07, Findings of Fact, and conditions of approval as listed within the
resolution.
Aaron Walker and Todd Spiegel, architects, offered to respond to
Commissioner's questions.
Mr. Walker responded to C/Wei that the square footage of the second house
was reduced to 895 square feet. C/Wei asked that a condition be added to
clarify acceptance by the adjacent neighbor of the stockpiled dirt.
AC/Nolan opened the public hearing.
Khalid Javaid, 2250 Indian Creek Road, east of the project said he was
concerned about retaining walls along the driveway area, drainage, water
runoff, erosion, noise and pollution during construction, and loss of his view
and wanted to be sure that the City had addressed these issues prior to
approval.
AC/Nolan closed the public hearing.
CDD/Fong responded to Mr. Javaid that Condition 12 of the resolution
addresses the drainage issue; Condition 10 includes strict requirements for
pollution discharge and erosion during construction. The proposed home
has two viewable levels from the street; the rear property terraces down to
reveal four levels, and Diamond Bar has no view protection ordinance. Noise
during construction is covered by a temporary condition within the resolution.
C/Loe moved, C/Wei seconded to approve Development Review
No. 2006-28 and Tree Permit No. 2006-07, Findings of Fact, and conditions
of approval as listed within the resolution with the addition of a condition to
require the recipient of the exported dirt * within the adjacent lot must obtain
the necessary permits from the City; and, with the elimination of Condition 3
on page 5. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Wei, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
ORAFL TRkA
FEBRUARY 13, 2007 PAGE 6 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTWIN FORMATIONAL ITEMS:
C/Lee expressed condolence to the family of Council Member Bob Zirbes, a great
man with deep courage and conviction of his beliefs, whom he has admired and
respected. Diamond Bar has lost a great public servant and 'human asset. He will
live in the memory of the residents and the City for years to come.
C/Wei offered his condolence to the family of Council Member Bob Zirbes and said
he admired his courage and the work he has done for the City on behalf of the
residents. He wished everyone a Happy Valentine's Day.
AC/Nolan expressed her sympathy to the Zirbes family. Bob Zirbes was a close
personal friend of hers and her husband Dan. Bob was personally responsible for
helping her and Dan, a former Planning Commissioner, to get back on track with
their volunteerism after their children were grown. Bob was dedicated in his service
to the Diamond Bar Improvement Association and in particular, Paint the Town and
Classic Car Show events. Last year she chaired the Classic Car Show to allow Bob
a respite to help him fight through his illness. ,She and others will continue to pursue
City activities, as Bob would want them to do. As such, this years proceeds will be
donated to the City of Hope in his name and the show will be dedicated to him.
9. STAFF COMMENTS/INFORMATIONAL ITEMS.
9.1 Public Hearing dates for future projects.
CDD/Fong reported that services for Bob Zirbes would be held on Friday.
Commissioners Nolan and Wei are scheduled to participate in the Planners Institute
in San Diego March 21, 22 and 23. She also believed that VC/Torng was planning
to attend and wanted to know if C/Lee would be attending. C/Lee responded that
he would not be able to attend.
CDD/Fong announced that there would be a study session on February 27. 2007, at
6:00 p.m. with CM/DeStefano reporting on potential future development in Diamond
Bar.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
R. -
FEBRUARY 13, 2007 PAGE 7 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
AC/Nolan adjourned the regular meeting at 7.43 p.m.
Attest:
Respectfully Submitted,
Nancy Fong
Community Development Director
Kathleen Nolan, Acting Chairman
0
FTTTCTAZ O 21
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 FAX (909) 861-3117
AGENDA ITEM NUMBER: 9A
MEETING DATE: February 27, 2007
CASE/FILE NUMBER: CUP 2006-11
DR 2006-32
PROJECT LOCATION: 22324 Golden Springs Dr.
APPLICATION REQUEST: Approval for a 19,702 -square -foot addition to an
existing church sanctuary building and
conceptual approval for future phases to include
a 17,000 square -foot bookstore/sanctuary
building and 60,000 -square -foot single -deck
parking structure
PROPERTY OWNERS: Hidden Manna
22324 Golden Spring Dr.
Diamond Bar, CA 91765
APPLICANT: Dale Goddard
22324 Golden Springs Dr.
Diamond Bar, CA 91765
STAFF RECOMMENDATION: Conditional approval.
I&IM" Tell] ILI I
The project is within Sub -Planning Area 1 of the Diamond Bar Village Specific Plan.
The Specific Plan shows a master plan concept of institutional use that includes the
existing church, a new bookstore, a new chapel and a new parking structure as shpwn
in attachment 3. The existing development, a.92,3301 -square -foot church building and
parking areas of 862 spaces, was approved through a conditional use permit in 1993.
The applicant's proposal includes the 19,702 square foot to the rear of the existing
church building and a master plan concept of a new 17,000 square foot bookstore and a
new 60,000 square foot parking structure for future phases. The master pan concept is
less intense than the concept in the Specific Plan.
ANALYSIS:
A. Project Description
The proposed 19,702 square feet two-story addition is located at the rear and a
portion of the west elevations of the existing church building. The addition will
provide more classrooms, offices, a musician and choir area, and storage areas.
The applicant proposes to modify the parking lot areas by removing 304 spaces
and adding 226 spaces with a total of 784 spaces provided for the site. The
parking area in front of the existing church building will be removed to provide a
courtyard area of approximately 44,000 -square feet. The courtyard area will
have amenities such as a fountain feature, decorative paving, landscaping and
benches.
In addition to the proposed expansion, the applicant requests approval of a
conceptual site plan for the two future phases listed below. Separate
Development Review application for Planning Commission review and approval
will be required for the future phase development.
A new 17,000 -square -foot two-story bookstore building to be located adjacent
to the proposed courtyard area.
A single -deck, 60,000 -square -foot parking structure to be constructed in an
area adjacent to the east of the existing church building.
B. Review Authority (Sections 22.58 and 22.48)
The proposed project requires the following applications:
A Conditional Use Permit for the addition to an existing church and the
conceptual plans for future phases.
2. A Development Review for the design review of the proposed addition.
Page 2
CUP 2006-11 & DR 2006-32,
C. Site and Surrounding General Plan, Zoning and Uses
D. Conditional Use Permit (Section 22.58)
1 Compatibility to Surrounding Uses The project site is surrounded by the
existing and planned development. To the north is the Target shopping
center, a future Chili's restaurant and a vacant parcel planned for a multi -
tenant food uses. To the east is the Brookfield Homes residential
development and to the west is the golf course and vacant open space.
To the south is open space area that provides a buffer between the church
site and the residential area. Since the institutional use was approved as
part of the Diamond Bar Village Specific Plan, the existing use, the
expansion and the future phases are compatible to the surrounding uses.
2. Operational Characteristics The church operations include the
following times and uses:
General Plan Zone Uses
Site Planning Area – 3 Specific Plan (Sub- Church E7,1
Fri.
Specific Plan Planning Area 1)
8 a.m. - 2
North GC (Golf Course) O -S (Open Space) Target, Golf course
South Planning Area – 3 Specific Plan (Sub- Residential and open
Specific Plan Planning Areas 2 & 4) space I
West Office Professional Office Business Park Vacant land, Golf
6:30 -
course
I East Planning Area – 3 Specific Plan (Sub- Brookfield Homes
Specific Plan . Planning Area 1) 1 -
D. Conditional Use Permit (Section 22.58)
1 Compatibility to Surrounding Uses The project site is surrounded by the
existing and planned development. To the north is the Target shopping
center, a future Chili's restaurant and a vacant parcel planned for a multi -
tenant food uses. To the east is the Brookfield Homes residential
development and to the west is the golf course and vacant open space.
To the south is open space area that provides a buffer between the church
site and the residential area. Since the institutional use was approved as
part of the Diamond Bar Village Specific Plan, the existing use, the
expansion and the future phases are compatible to the surrounding uses.
2. Operational Characteristics The church operations include the
following times and uses:
As expected, the most intensely used day is Sunday with both classrooms
and the sanctuary in use most of the day. Accessory uses to the main
Page 3
CUP 2006-11 & DR 2006-32,
Times and days
Room Sun. M
I
on. Tues. Wed.. ., Thurs. Fri. sat.
Sanctuary 8 a.m. - 2 9 a.m. — Not in Not in
p.m. 11 a.m. 6 - 9 p.m. 6 — 9 p.m. use use
6 - 8 p.m. 6:30 -
8:30 p.m.
Multi- 8 a.m. - 2 6-9 6-9p.m. 9- 11 a.m.
purpose p.m. p.m. 7 - 9 p.m.
room 6-8 -
p.m.
Classrooms 8 a.m. - 2 6 - 9 p.m.
p.m.
6 - 9 p.m.
Bible college 6-9 6- 9 p.m. 6- 9 p.m.
Classrooms p.m.
As expected, the most intensely used day is Sunday with both classrooms
and the sanctuary in use most of the day. Accessory uses to the main
Page 3
CUP 2006-11 & DR 2006-32,
worship services include classroom instruction for children and adults,
childcare provided during the worship services, a bible college, coffee
shop, and bookstore.
3. Parking: The existing Conditional Use Permit required the church to
provide 700 spaces. With the expans.ion,.-a total of 784 spaces will be
provided on site. The Development Code requires that parking be
provided for the addition at the rate of one space per 35 square feet of
classroom, meeting space, and worship floor area. Within the addition,
only 1572 square feet will be used for classroom space, therefore, the
parking requirements are calculated as follows:
Additional parking required 45 spaces
Existing CUP parking required 700 spaces
Total required 745 spaces
Total provided 784 spaces
It is recommended that the church be restricted to a total of 1572 square
feet of classroom area for adult- instruction within the addition during the
Sunday peak times. Additional parking will be provided for future phases
development. ,
4. Site access: Two driveways on Golden Springs Drive provide access onto
the site. One is located at the southerly property line and the other is by
way of Lavender Drive, a private street shared by the Target shopping
center. A traffic light is located at the Lavender Drive entrance that
controls traffic flow onto the project site and the adjacent Target shopping
center site.
E. Development Review (Section 22.48): The proposed project is designed
according to the applicable development standards and design guidelines
contained in the Diamond Bar Village Specific Plan and Development Code. The
following table shows the project's consistency with the applicable standards.
1. Diamond Bar Village Specific Plan Development Standards:
Development Standard Proposed Meets Requirements
Max. floor area 19,702 Yes
FAR 1.0 max. 23 Yes
Min. building front setback: 20' 400'+ Yes
Parking lot setback from Golden
Springs Dr: 20' min.
20' Yes
Maximum bldg. ht.: 50' 32' Yes
Page 4
CUP 2006-11 & DR 2006-32.
Standard Proposed Meets RequirementseDevelopment
Landscaping: 12% of site 44.50/6 Yes
5% of parking lot 6.2% Yes
Parking (1 space/35 square feet for 784 Exceeds
sanctuary, meeting rooms, and
classroom space): See above
parking analysis.
2. Pedestrian Walkway: A pedestrian walkway is proposed along northerly
side of the entry driveway off Lavender Drive. Because of the steepness
of the slope on that side, the walkway stops just before the intersection
with Lavender Drive. To encourage pedestrian circulation with the Target
site, staff is recommending a walkway connection be installed across the
driveway along the planter area by the new garden area.
3. Architectural design: The proposed design of the addition picks up the
theme established by the existing church building. It is a contemporary
style consisting of curtain walls of reflective glasses and aluminum frames.
The addition will include areas with exterior plaster punctuated with the
same glass curtain wall as the existing. The two entries proposed for the
addition on the south elevation will be sheltered by a suspended canopy.
The addition reflects the style of the existing building, but is distinguished
as a separate element through the use of a different design element.
4. Landscape: The project involves installation of new landscaping
throughout the site within the new parking lot areas and at the driveway
entrances. The driveway entrances will receive enhanced landscape
treatment with additional shrubs, groundcover and specimen -sized
California live oaks. The courtyard area will also receive landscaping
treatments in addition to hardscape and water features. The proposed
landscaping meets the required amount of landscaping that must be
provided.
3. Signage The applicant has submitted an application for a
comprehensive sign program that will be considered at a future date.
F. Conclusion:
The church is sufficiently separated from residential uses, the golf course and
adjacent commercial uses. Sufficient parking will be created on the site to
accommodate the church activities. Therefore, the site is of sufficient size to
accommodate the proposed project and will not have a negative impact on the
surrounding area.
Page 5
CUP 2006-11 & DR 2006-32,
Public hearing notices were mailed to property owners within a 700 -foot radius of the
project site and the notice was published in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a
copy of the legal notice was posted at the City's designated community posting sites.
ENVIRONMENTAL ASSESSMENT:
On June 29, 2004, the City Council approved and certified an Addendum to the
previously certified Environmental Impact Report (EIR). It is determined that no new
environmental issues have been identified and that none of the elements set forth in
Public Resource Code Section 21166 or Section 15162 of the California Environmental
Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or
Mitigated Negative Declaration is required to be prepared.
Staff recommends that the Planning Commission approve the project with conditions.
Prepared by:
Sandra Campbell
Contract Senior Planner
Attachments:
R(#iewed by:
Nancy Fong, ki
Community -,N pment Director
1 Draft resolution recommending approval of Conditional Use Permit No. 2006-11
and Development Review No. 2006-32;
2. Exhibit "A" — Site plan, conceptual landscape plan, architectural elevations, and
conceptual grading plan
3. Exhibit "B" — Diamond Bar Village Specific Plan conceptual plan
Page 6
CUP 2006-11 & DR 2006-32,
PLANNING COMMISSION
RESOLUTION NO.2007-xx
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2006-11
AND DEVELOPMENT REVIEW NO. 2006-32 TO CONSTRUCT AN
APPROXIMATELY 19,702 -SQUARE -FOOT TWO-STORY ADDITION AND
SITE IMPROVEMENTS AND CONCEPTUAL APPROVAL OF A 17,000 -
SQUARE -FOOT BOOKSTORE BUILDING AND 60,000 -SQUARE -FOOT
SINGLE -DECK PARKING STRUCTURE AT THE EXISTING CALVARY
CHAPEL LOCATED AT 22324 GOLDEN SPRINGS DRIVE (APN: 829-045-
006)
A. RECITALS
1. The applicant, Dale Goddard, has filed an application for Conditional Use
Permit No. 2006-11 and Development Review No. 2006-32, to construct an
approximately 19,702 -square -foot, two-story addition and site improvements
and conceptual approval of a 17,000 -square -foot bookstore building and
60,000 -square -foot single -deck parking structure to the existing Calvary
Chapel located at 22324 Golden Springs Drive, Diamond Bar, California.
Hereinafter in this Resolution, the subject Conditional Use Permit and
Development Review shall be referred to as the "Application."
2 Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin and public hearing
noticeswere mailed to property owners within a 700 -foot radius of the project
site. Further, a public hearing notice display board was posted at the site and
at three other locations within the project vicinity.
3 On February 27, 2007, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identified
above in this Resolution does not require further CEQA review. On June 29,
2004, the City Council approved and certified an Addendum to the previously
certified Environmental Impact Report (EIR). It is determined that no new
environmental issues have been identified and that none of the elements set
forth in Public Resource Code Section 21166 or Section 1.5162 of the
California Environmental Quality Act Guidelines exists. Therefore, no
subsequent or supplemental EIR or Mitigated Negative Declaration is
required to be prepared.
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 wildlife resources or the habitat
upon which the wildlife depends. Based upon substantial evidence, this
Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
CONDITIONAL USE PERMIT (CUP)
The proposed project is consistent with the required conditional use permit findings
contained in Section 22.58.040 of the Development Code as follows:
a) The proposed use is allowed within the subject zoning district with the
approval of a conditional use permit and complies with all other applicable
provisions of the development code and the Municipal Code.
The proposed project involves construction of an addition onto an existing
church and future construction of a single -deck parking structure and
bookstore building. As conditioned, the project complies with applicable
provisions of the Development Code, Diamond Bar Village Specific Plan and
Municipal Code. As conditioned, the project meets all the standards related
to height, setbacks, parking, circulation, and landscaping requirements.
b) The project is also consistent with General Plan Objective 3.2 that states,.
Ensure that new development, and intensification of existing development,
yields a pleasant living, working, or shopping environment, -and attracts
interest of residents, workers, shoppers and visitors as the result of
consistent exemplary design."
The proposed project is consistent with this objective in that, as conditioned,
it will result in a well-designed addition that compliments the design of the
2
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
existing building. The addition will be constructed on the rear of the existing
building and will not be visible from adjacent uses. The revised parking lot
will provide sufficient parking on-site to accommodate the project. The
project will also involve the provision of additional landscaping that will further
enhance the existing site.
c) The design, location, size, and operating characteristics of the proposed use
are compatible with existing and future land uses in the vicinity. As
conditioned, the proposed project is consistent with all applicable
development standards in the Development Code and the Diamond Bar
Village Specific Plan. The design of the addition will complement and be
compatible with the existing church facility. The additional parking demand
created by the project will be accommodated on the site with the
development of additional parking. The project is buffered from nearby
residential uses by an area designated as open space. The project will also
be compatible with the adjacent Target shopping center.
d) As referenced above in Items (a) through (c), the project 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.
e) As conditioned, the proposed project will not be detrimental to the public
interest, health, safety, convenience, or welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district. Before the
issuance of any City permits, the proposed project will be required to comply
with all conditions within the approved resolution and the Building and Safety
Division, Public Works Division, and Fire Department requirements. Through
the permit and inspection process, those 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.
The proposed project has been reviewed in compliance with CEQA and has
been found to not require further review under CEQA.
DEVELOPMENT REVIEW
The design and layout of the proposed project are consistent with the findings
required for approval of development review applications as follows:
g) As conditioned, the design and layout of the proposed project are consistent
with the general plan, development standards of the zoning district, and
design guidelines. The proposed project is consistent with the General Plan
Land Use Element Objectives 3.2 as outlined in Section (b) above. As
conditioned, the project is consistent with development standards of the
Diamond Bar Village Specific Plan. The proposed addition will complement
3
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
the existing church building and be compatible with existing surrounding
development in the quality of the design of the addition and provision of
landscaping that will enhance the site.
h) As discussed above in Items (a) through (f), the design and layout of the
proposed development will not interfere with the use and enjoyment of
neighboring existing or future development, and will not create traffic or
pedestrian hazards.
i) As discussed above in Item (c), the architectural design of the proposed
development is compatible with the characteristics of the surrounding
neighborhood and existing church building and will maintain the harmonious,
orderly and attractive development contemplated by Chapter 22.48 of the
Development Code, the Diamond Bar Village Specific Plan, the General
Plan, or City Design Guidelines.
As discussed above in Item (f), the design of the proposed development will
provide a desirable environment for its occupants and visiting public, as well
as its neighbors, through a design that complements and does not
overwhelm the existing church building.
k) Before issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution and the Building
and Safety Division, Public Works Division, and Fire Department
requirements. Through the permit and inspection process, those 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. Additionally and because of the factors discussed above in Items
a) through (c), and (d) the proposed project will not have a negative affect
on property values or in the vicinity.
5. Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application subject to the following conditions:
a. General,
1) The project shall substantially conform to title sheet, site plan, floor
plan, elevations, landscape plan, comprehensive sign plan and details
collectively labeled as Exhibit "A" dated February 27, 2007, as
submitted to, amended herein, and approved by the Planning
Commission.
2) To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodic review.
If non-compliance with conditions of approval occurs, the Planning
4
Planning Commission Resolution No. 2006-xx
CUP 2006-11 &DR 2006-32.
Commission may review the Conditional Use Permit. The Commission
may revoke or modify the Conditional Use Permit.
3) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a fee for a documentary handling fee in connection with
Fish and Game Code requirements. Furthermore, if this project is not
exempt from a filing fee imposed because the project has more than a
deminimis impact on fish and wildlife, the applicant shall also pay to
the Department of Fish and Game any such fee and any fine which
the Department determines to be owed.
5) The 17,000 square foot bookstore and the 60,000 square foot parking
structure is approved in concept only. The applicant shall submit an
application for Development Review of the precise plans for those
projects, subject to Planning Commission review and approval.
6) . Use of classroom for adult instruction within the addition shall be
restricted to 1572 square feet of floor area on Sundays.
7) Before issuance of any City permits, the applicant shall provide a
revised landscape plan for the Planning Division's review and
approval with the following changes:
a) P
I
rovision of a pedestrian walkway within the landscape area
along the Lavender Drive at a location to be determined by the
Planning Division.
b) Provision of pedestrian walkway signs along Lavender Drive.
8) The landscape contractor shall obtain a business registration with the
City of Diamond Bar before start of work.
9) Upon inspection and if it is determined that the anticipated density of
plant materials as shown on the approved plans do not fully address
the intended purpose of screening, compliance with conditions of
approval or aesthetics, the Community Development Director or
designee may require the planting of up to 10 percent of the approved
density of plant materials.
10) Applicant shall submit an application for a sign permit for review and
approval by the Planning Division before installation of any signs.
Signs are subject to separate building and electrical permits.
5
Planning Commission Resolution No. 2006-xx
CUP 2006-11 &DR 2006-32.
11) All landscaping and irrigation shall be installed prior to final inspection
and prior to issuance of Certificate of Occupancy.
12) All outdoor lighting shall conform to current City requirements as
specified in Section 22.16.050 of the Municipal Code.
13) The construction contractor shall abide by all requirements of the City
Code related to noise, as specified in Diamond Bar Municipal Code
Chapter 8.12.
C. Building & Safety Division
14) Fire Department approval will be required. Please contact the Fire
Department
15) The proposed tenant improvement shall comply with the provisions of
the 2001 California Building Code. Specify type of construction, group
occupancy for each area and sprinkler system requirements.
16) Applicant shall submit drawings and calculations prepared by a
licensed Arch itect/E ngineer with wet stamp and signature. Show detail
for separation walls between different occupancy. Provide code
analysis for the entire site.
17) Note on plans "separate permit is required for all wall and monument
signs".
18) The project must be protected by a construction fence and shall
comply with the NPDES & BMP requirements (sand bags, etc...) also
shall comply with construction fencing
19) Number of accessible parking shall be in compliance with title 24
accessibility requirements including van and other accessible parking.
Provide compliance with van accessible parking, path of travel clearly
on site plan for the entire project, including all buildings, total parking,
width of path of travel, maximum slope and cross slope, and signage.
20) Reception counter shall comply with title 24 accessibility requirements
also, show compliance with lever type hardware.
21) Provide exit analysis showing occupant load for each space, exit
width, and exit signs (existing and new). All new entrances and exits
shall comply with Title 24 accessibility compliance. Compliance shall
be clearly shown on plans.
6
Planning Commission Resolufion No. 2006-xx
CUP 2006-11 & DR 2006-32.
M
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: Dale Goddard, Calvary Chapel, 22324 Golden Springs Drive,
Diamond Bar, CA 91765.
Steve Nelson, Chairman
1, Nancy Fong, 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
27th day of February 2007, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Nancy Fong, Secretary
7
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
PROJECT #: Conditional Use Permit No. 2006-11 and Development Review
No. 2006-32
SUBJECT: Construction of an approximately 19,702 -square -foot two-story
addition and site improvements and conceptual approval of 6 17,0007
square -foot bookstore/sanctuary building and 60,000 -square -foot
single -deck parking structure
APPLICANT: Dale Goddard, Calvary Chapel, 22423 Golden Springs Drive,
Diamond Bar, CA 91765
LOCATION: 22324 Golden Springs Drive, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A) GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or. annul, the approval of Conditional Use Permit No. 2006-11, and
Development Review No. 2006-32 brought within the time period provided by
Government Code Section 66499.37. In the event the city and/or its officers,
agents and employees are made a party of any such action:
a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
8
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
Applicant shall promptly pay any final judgment rendered against the
City descendents. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Conditional Use Permit No. 2006-11 and Development
Review No. 2006-32, 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 Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2007-xx,
Standard Conditions, and all environmental -mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8.. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape, irrigation, and elevation plans shall be
coordinated for consistency prior to issuance of City permits (such as
grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
10. Applicant shall remove the public hearing notice board within three days of
this project's approval.
9
Planning Commission Resolution No. 2006 -roc
CUP 2006-11 & DR 2006-32.
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
1 Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid priorto 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 come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
1. The approval of Conditional Use Permit No. 2006-11 and Development
Review No. 2006-32 expire within two years from the date of approval if the
use has not been exercised as defined in accordance to Municipal Code
Section 22.66.050 (b)(1). The applicant may request in writing a one year
time extension subject to Municipal Code Section 22.60.050(c) for Planning
Commission approval.
D. SITE DEVELOPMENT
1. 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, collectively labeled and referenced
herein as Exhibit "A" including: site plans, floor plans, architectural
elevations, exterior materials and colors, landscaping, comprehensive sign
plan, and irrigation on file in the Planning Division, the conditions contained
herein, Development Code regulations.
2. 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.
3. All structures, including walls, 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 owner/occupant.
10
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
F. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether during
or subsequent to construction shall be done only by the property owner,
applicant or by a duly permitted waste contractor, who has been authorized
by the City to provide collection, transportation, and disposal of solid waste
from residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste contractor
used has obtained permits from the City of Diamond Bar to provide such
services.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1 An Erosion Control Plan shall be submitted clearly detailing erosion control
measures. These measures shall be implemented during construction
between October
1st and April 15th. The erosion control plan shall conform
to national Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMPs).
2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
SUSMP) requirements to the satisfaction of the City Engineer.
3. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING RETAINING WALLS
1 Prior to grading plan submittal, al, a geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California, shall be
submitted by the applicant for approval by the City.
2. Upon approval of the g.eotechnical report, the applicant shall submit drainage
and grading plans prepared by a Civil Engineer, licensed by the State of
California, prepared in accordance with the City's requirements for the City's
review and approval. A list of requirements for grading plan check is available
11
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
from the Public Works Department. All grading (cut and fill) calculations shall be
submitted to the City concurrently with the grading plan.
3. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the
grading plan.
5. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of ,the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall
be submitted to the Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
7.. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
8. The maximum grade of driveways serving building pad areas shall be 15
percent. In hillside areas driveway grades exceeding 15 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of
15 percent shall incorporate grooves for traction into the construction as
required by the City Engineer.
9. All slopes shall be seeded per landscape plan and/or fuel modification plan
with native grasses or planted with ground cover, shrubs, and trees for
erosion control -upon completion of grading or some other alternative method
of erosion control shall be completed to the satisfaction of the City Engineer.
10. Prior to the issuance of building permits, a pre -construction meeting shall be
held at the project site with the grading contractor, applicant, and city grading
inspector at least 48 hours prior to commencing grading operations.
11. Rough grade certifications by project soils engineer shall be submitted prior
to issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
12. Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works Department prior to the issuance of any
project final inspections/certificate of occupancy respectively.
12
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
rfjnnmg
13. Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All dra'inage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
14. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of
California to the satisfaction of the City Engineer and Los Angeles Public
Works Department.
D. TRAFFIC MITIGATION
15. All fair share fees shall be paid before issuance of certificate of occupancy.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2004 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
3. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). 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. Kitchen and bathroom lights shall be
fluorescent.
5. This project shall comply with all Accessibility Code requirements including
accessible parking, path of travel, elevators, restrooms, drinking fountains,
etc. Provide compliance with van accessible parking, path of travel, etc.
Reception counter shall comply with the title 24 accessibility requirements.
6. Applicant shall submit Public Works Department approved grading plans
showing clearly all finish elevations, drainage, and retaining walls locations.
13
Planning COMMISSiDn Resolution No. 2006-xx
CUP 2006-11 &DR 2006-32.
7. Separate permit shall be required for all wall and monument signs and shall
be noted on plans.
8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
9. Applicant shall provide exit analysis showing occupant load for each space,
exit width, exit signs, etc.
10. Applicant shall indicate the proposed addition and existing building on the
plans.
11. Applicant shall submit code analysis and justification showing the following:
a. Each building square foot;
b. Each building height;
c. Type of construction;
d. Sprinkler system;
e. Each group occupancy;
f. Property line location in relation to each building (side yard);
g. Exit analysis for each building (occupant load/corridor rating/exit
width/exit signs, etc.);
h. Accessibility analysis for the entire site and for each building; and
L Shaft rating/ exterior walls construction/ opening protection.
12. Applicant shall verify adequate exit requirements. The distance between
required exits shall be Y2 of the building diagonal.
13. Building setback from any slope (toe or top) shall meet Chapter 18 of the
2001 California Building Code.
14. Applicant shall indicate all easements on the site plan.
15. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
in High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 114 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
16. All retaining walls shall be submitted to the Building & Safety and Public
Work Departments for review and approval.
17. Grading plans shall be submitted showing clearly all finish elevations,
drainage, and retaining wall locations. No building permits shall be issued
prior to submitting a pad certification.
14
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
18. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
19. Drainage patterns shall be checked with Engineering Department. Surface
water shall drain away from building at a 2% minimum slope.
20. Applicant shall specify location of tempered glass as required by code.
21. Applicant shall specify 114"/ft slope for all flat surfaces/ decks with approved water
proofing material. Provide guardrail connection detail (height, spacing, etc.)
22. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Emergency access shall be provided, maintaining free and clear, a minimum
28 feet at all times during construction in accordance with Fire Department
requirements.
2. Prior to the issuance of any building permits for combustible construction,
evidence shall be submitted to the Fire Department that temporary water
supply for fire protection is available pending completion of the required fire
protection system.
3. Fire hydrant shall have a flow test.
4. Provide a 32 -foot turning radius at all 90 degree turns.
5. An additional on-site fire hydrant may be required.
6. Fire sprinklers shall expand to the new addition.
7. The required fir
r
e flow is 3,000 gpm @ 20 psi for on-site fire hydrants.
AM
15
Planning Commission Resolution No. 2006-xx
CUP 2006-11 & DR 2006-32.
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AGENDA REPORT
21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL. (909) 839-7030 — FAX (909) 861-3117 — www.CityofDiAmondBar.com
MEETING DATE:
CASEXILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
APPLICANT:
February 27, 2007
Development Review No. 2006-43
1019 Via Sorella Street
Diamond Bar, CA 91765
To operate a tutoring school for
kindergarten to eight graders.
Ying Akkos
1019 Via Sorella Street
Diamond Bar, CA 91765
Ying Akkos
1019 Via Sorella
Diamond Bar, CA 91765
STAFF RECOMENDATION: Conditionally Approve
BACKGROUND:
The project site is the last parcel on Via Sorella Street. It is rectangular shaped and
approximately 16,186 square feet in size. The project site is developed with a two-
story multi -family residential building of approximately 3,994 square feet under
County standard in 1960. In 1982 and under the County's jurisdiction, the building
was converter to an office building.
The applicant bought the subject property at the end of 2004 and opened a tutoring
school to Diamond Bar. The applicant went to Los Angeles County to obtain a
business license. The County does not require a business license for a school. So,
the applicant opened the business at the subject site not realizing that Business
Registration and Development Review approval are required. As a result of
complaints from a neighbor, the applicant was informed of the requirement to submit
a Development Review application in December 2005 and May 2006. The applicant
complied with the requirement after a citation was issued in December 2006. The
applicant requests approval for an existing school that tutors English, Chinese, Math,
flute and piano to kindergarten through eight grade students
ANALYSIS:
A. Review Authority (Section 22.48)
Development Review approval is required because the tutoring school is
considered an intensification of use, from office to school. The Planning
Commission is the review authority for the Development Review application.
B. Site and Surrounding General Plan, Zoning and Uses
2 DR 2006-43
General Plan Zone Uses
Site Commercial -Office Commercial -Office Office Building with
CO)
CO) Tutoring School
North N/A CO Self -Storage Facility &
SR -10 Freeway
South N/A N/A SR -57 Freeway
East CO CO Office Building (Walnut
Pools, etc) & SR -57
Freeway
West CO and Low -Medium CO & R-1-8,000 Self -Storage Facility &
I Residential (RLM) Single Family
Residential
I
2 DR 2006-43
C. Development Review (Section 22.48
The purpose of Development Review is to establish consistency with the
General Plan through the promotion of high aesthetic and functional
standards to compliment and add to the economic, physical, and social
character of the City. The process ensures that new development and
intensification of existing development yields a pleasant living, and attracts
the interests of residents and visitors as the result of consistent exemplary
design.
1. Business Description
The tutoring school occupies the entire building. The first floor will has
five class rooms, computer room office and restrooms. The second floor
is used for individual tutoring. The exterior of the existing building will
not change.
2. Operational Characteristics
Days of Operation Monday — Saturday; Closed Sundays
Hours of Operation Monday through Friday: 3:30 p.m. to 6:00
p.m.;
Saturday: 9:30 a.m. to 12 noon and
individual lessons from 9:00 a.m. to 8:00
p.m.
Number of Class Per Business Day Approximately 4, with no more than 2 at
any given time
Time Frame Per Class 2 hours for beginning level; and I hour for
advance level
Number of Students Per Class Varies 6-10
Age of Students 5 through 15 years old; Kindergarten
through eighth grade
Number of Teachers/Employees 5 teachers (owner is teacher and
administrator)
Vehicles Used For Business None
Special Events/Exhibitions None
3. Parkinci
According to the Development Code, one parking space is required for
3 DR 2006-43
each 200 square feet of gross floor area. Therefore, 19 parking spaces
would be required. This number would be considered the worst-case
scenario. The project site provides 11 parking spaces and one
handicapped parking space for a total of 12 spaces.
Because of their age, students will be dropped -off and picked -up by
parents. Five teachers could be on site at any one time leaving seven
parking spaces for visitors. The school has been operating for
approximately one year with the existing parking spaces without any
issues brought to the City's attention. Therefore, staff determines that
the twelve parking spaces provided on site will be adequate. In the
future, if the applicant expands the school, the parking will be revisited
for adequacy.
C. Additional Review
The City's Public Works and Building and Safety Divisions reviewed this
project. Their recommendations are within the attached resolution.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act (CEQA),
Section 15303(c), the City has determined that this project is categorically exempt.
Public hearing notice was mailed to approximately 40 property owners within a 500
foot radius of the.project site and the notice was posted in three public places on
February 11, 2007. The project site was posted with a display board on February 14,
2007. The public hearing notice was published in the San Gabriel Valley Tribune
and Inland Valley Daily Bulletin newspapers on February 16, 2007.
Staff recommends that the Planning Commission approve Development Review No.
2006-43, Findings of Fact and Conditions of Approval as listed within the attached
resolution.
rppared V.
Aqn J. Lungu
Associate Planner
Reviewed
Nancy Fonlm6p___,'
Community Development Director
DR 2006-43
Attachments:
1 . Draft Resolution;
2. Aerial;
3. Exhibit "A" - site plan, floor plan; date stamped February 20, 200; and
4. Letter from AP Learning Center dated January 24, 2007.
DR 2006-43
PLANNING COMMISSION
RESOLUTION NO. 2007 -XX
A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA
PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO.
NO. 2006-43, A REQUEST TO OPERATE AND EXISTING SCHOOL
FOR KINDERGARTEN TO EIGHT GRADE WITHIN AN EXISTING TWO-
STORY OFFICE BUILDING. THE PROJECT SITE IS LOCATED AT
1019 VIA SORELLA STREET (APN: 8763-001-034), DIAMOND BAR,
CALIFORNIA.
A. RECITALS
Property owner, Ying Akkos has filed an application for Development Review
No. 2006-43 for a property located at 1019 Via Sorella Street, Diamond Bar,
Los Angeles County, California. Hereinafter in this Resolution, the subject
Development Review shall be referred to as the "Application."
2. On February 11, 2007, public hearing notices were mailed to approximately
40 property owners within a 500 -foot radius of the project site and the notice
was posted in three public places. The project site was posted with a display
board on February 14, 2007. On February 16, 2007, notification of the public
hearing for this project was provided in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers.
3. On February 27, 2007, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
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 project identified above in
this Resolution is categorically exempt in accordance to Section 15303 (c) of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar;
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 the next to last parcel on Via Sorella Street. It is
rectangular shaped and approximately 16,186 square feet. The
project site is developed with a two-story office building of
approximately 3,994 square feet.
b) The project site has a General Plan land use designation of
Commercial Office (CO);
c) The zoning designation for the project site is Commercial Office (CO).
d) Generally the following zones and uses surround the project site: to
the north is the CO zoning district and Self -Storage Facility & SR -10
Freeway; to the south is the SR -57 Freeway; to the east is the CO and
office building (Walnut Pools, etc) & SR -57 Freeway; and to the west
are the CO & R-1-8,000 zoning districts and a self -storage facility &
single-family residences.
e) Pursuant to Development Code Section 22.48, this application is a
request for Development Review approval to operate and obtain the
appropriate permits for an existing school that tutors English,
Chinese, Math, flute and piano to kindergarten through eight grade
students
Development Review
f) The proposed office building was built prior to the City's incorporation
and under the jurisdiction of Los Angeles County with the appropriate
permits. The project site has a General Plan land use designation of
Commercial Office (CO) which provides for the establishment of
diverse, mixed uses for commercial retail, office and services uses.
The school is a service use which is consistent with the General Plan
land use designation for the project site. A specific plan, area theme,
planned development, etc does not exist for the project site or area.
2
Planning Commission Resolution No. 2006-41
g) As discussed in Finding (f) above, the project site was developed
prior to the City's incorporation. Via Sorella Street is a small cul-de-
sac which supports three small businesses. This street provides
access for only the three businesses. Since this is an existing small-
scale school, it is not expected to create traffic or pedestrian hazards.
It is surrounded by the CO zoning district and a self -storage facility
and freeway to the north; a freeway to the south; and the remaining
two businesses on Via Sorella Street to the east and west. All parking
and school facilities are on-site. Therefore, the design and layout of
the existing school will not interfere with the use and enjoyment of
neighboring existing or future development, and will not create traffic
or pedestrian hazards.
h) As discussed in Finding (f) above, the project site was developed prior
to the City's incorporation. The proposed project does not alter the
existing building in any way. However, landscaping improvements
along with resurfacing the parking area, repairing the driveway and
restriping the parking lot area will be done in phases within a six
month time frame to accommodate the applicant's budget. These
improvements will enhance the project site and provide a harmonious
project site.
As discussed in Findings (f), (g) and (h) above, the project site was
developed prior to the City's incorporation. The subject school does
not required exterior alterations to the building. As conditioned,
general clean-up and repairs to the project site will provide a desirable
environment for it occupants and visiting public as well as its
neighbors.
As referenced above in Findings (f) through (j), the subject school, as
conditioned herein, will meet the City's minimum development
standards. Furthermore, prior to the issuance of any City permits, the
proposed project is required to comply with all conditions within the
approved resolution and requirements set forth by the City's Building
and Safety Division. Therefore, granting Development Review
approval will not be detrimental to the public interest, health, safety,
convenience, or welfare, or injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is
located.
k) In accordance to the provisions of the California Environmental
Quality Act (CEQA) of 1970, as amended and the guidelines
promulgated thereunder, this project is categorically exempt pursuant
3
Planning Commission Resolution No. 2006-41
to Section 15303 (c) of Article 19 of Chapter 3 of Title 14 the
California Code of Regulations.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and the attached standard conditions:
Planninq Division
a) The project shall substantially conform to a site plan and floor plan
labeled as Exhibit "A" dated February 27, 2007, as submitted,
amended herein and approved by the Planning Commission.
b) This approval is for tutoring school only. Day care operation shall not
be allowed unless the applicant obtains approval of a Conditional Use
Permit.
c) Hours of operation and operating characteristics shall be as follows:
Days of Operation Monday throu h Saturday
Hours of Operation Monday through Friday: 3:30 p.m. to 6:00 p.m.;
Saturday: 9:30 a.m. to 12 noon and individual
lessons from 9:00 a.m. to 8:00 p.m.
Any changes to the hours and/or days of operation shall be subject to
the Community Development Division review and approval;
d) Any future expansion or intensification of the school shall require
approval of an amendment to Development Review No. 2006-43 and
an on-site parking study.
e) Within six month of this approval, the applicant shall reseed the grass
areas at the project site, repair or replace the driveway and repair
and/or slurring seal the parking lot area.
f) In the future, if the school is expanded or demolished and rebuilt, the
applicant shall connect to a public sewer system.
g) If the access area beyond the cul-de-sac is vacated, the applicant
shall agree to a common access easement with the adjacent property
at 1009 Via Sorella Street.
h) If the access area beyond the cul-de-sac is vacated, the applicant
shall repair and repave the access easement that fronts their property
4
Planning Commission Resolution No. 2006-41
when the adjacent property at 1009 Via Sorella Street repairs and
repaves the access easement that fronts their property.
Within 30 days of this approval, the applicant shall repair the existing
fence at the front of the project site, store trash receptacles out of
public view and do general clean-up of the site.
Special events shall require approval of a Temporary Use Permit.
k) Signs for the project site shall be approved by the Planning Division.
Building & Safety Division
a) Fire Department approval shall be required.
b) This project shall comply with all handicap accessibility code
requirements including accessible parking including van parking, path
of travel, elevations, restrooms, drinking fountains, reception counter
c) Separate permit shall be required for all wall and monument signs.
d) . Plans shall show the location of all tempered glass as required by
code.
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: Ms. Ying Akkos, 1019 Via Sorella Street, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 27th OF FEBRUARY 2007, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
In
Steve Nelson, Chairman
5
Planning Commission Resolution No. 2006-41
I, Nancy Fong, 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 27th
day of February 2007, by the following vote:
AYES: Commissioners:.
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
Nancy Fong, Secretary
6
Planning Commission Resolution No. 2006-41
a
Q: 1: 7A ON 11T11 r: rM
SUBJECT: Operation of school within an existing office building
APPLICANT: Ying Akkos, AP Learning Center.
LOCATION: 1019 Via Sorefla Street, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT
909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Conditional Use Permit No. 2006-14 brought
within the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made a party
of any such action:
a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
b) Applicant shall promptly pay any final judgment rendered against the
City descendents.
7
Planning Commission Resolution No. 2006-.41
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 No. 2006-43, at the City of Diamond
Bar Community and Development Services 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. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
4. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
5. 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.
6. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
7. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the. processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Development Review shall expire within two years from the
date of approval if the use has not been exercised as defined per Municipal
8
Planning Commission Resolution No. 2006-41
A
Code Section 22.66.050 (b)(1).
year time extension subject to
Planning Commission approval.
SITE DEVELOPMENT
The applicant may request in writing a one
Municipal Code Section 22.60.050(c) for
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, collectively referenced herein as
Exhibit "A" including: site plans and floor plans on file in the Planning
Division, the conditions contained herein, Development Code regulations, the
Specific Plan, and the Community Plan.
2. 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.
3. To ensure compliance with all conditions of approval and applicable codes,
the Development Review shall be subject to periodic review. If non-
compliance with conditions of approval occurs, the Planning Commission
may review the Development Review. The Commission may revoke or
modify the Development Review.
4. No amplified music or sound shall be permitted. Applicant shall comply with
the City's noise standards.
5. All roof mounted equipment shall be screened from public view.
6. 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
owner/occupant.
F. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether
during or subsequent to construction shall be done only by the property
owner, applicant or by a duly permitted waste contractor, who has been
authorized by the City to provide collection, transportation, and disposal of
solid waste from residential, commercial, construction, and industrial areas
within the City. It shall be the applicant's obligation to insure that the waste
01
Planning Commission Resolution No. 2006-41
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.
1. An Erosion Control Plan shall be submitted concurrently with the grading
plan clearly detailing erosion control measures. These measures shall be
implemented during construction between October 1St and April 15th. The
erosion control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's).
2. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1 All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site isnot supervised.
2. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
3. The maximum grade of driveways serving building pad areas shall be 15
percent. In hillside areas driveway grades exceeding 15 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of
15 percent shall incorporate grooves for traction into the construction as
required by the City Engineer.
10
Planning Commission Resolution No. 2006-41
Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
3. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
4. Applicant shall provide exit analysis showing occupant load for each space,
exit width, exit signs, etc. Adequate exit requirements shall be verifies. The
distance between required exits shall be 1/2of the building diagonal.
5. Applicant shall indicate the proposed us of existing building on the plans and
submit code analysis and justification showing the following:
a. Building square foot
b. Building height
G. Type of construction
d. Sprinkler system
e. Each group occupancy
f. Property. line location in relation to the building
9- Accessibility analysis for the entire site and building
h. Shaft rating/ exterior walls construction/ opening protection (if
applicable)
11
Planning Commission Resolution No. 2006-41
1. Emergency access shall be provided, maintaining free and clear, a minimum
28 foot at all times during. construction of improvements in accordance with
Fire Department requirements.
AM
12
Planning Commission Resolution No. 2006-41
AP LEARNING CENTER
1019 VIA SORELLA
DIAMOND BAR, CA 91789
January 24, 2007
Ms. Ann J. Lungu
Associate Planner
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4178
r.::' I . r7 - ,—I
i i' r
2611 JAtt r::s
t
itt
G.6:+?
i:
Re: Development Review No. 2006-43 for the AP Learning Center located at 1019 Via Sorella,
Diamond Bar, CA 91789
Dear Ms. Lungu,
Pursuant to your letter, dated December 12, 2006, this supplementary information is hereby submitted for
review in connection with my property use application. The subject properties business operational
characteristics are as follows:
Hours of Operation: The facility operates Monday through Friday from the hours of 3:30 pm to 6:00 pm
and on Saturday from 9:30 am to 12 noon.
Total number of students: The facility houses a total of 30 students during the week and 25 students on
Saturday.
Number of students per classroom: As there are currently a total of (5) classroom incorporated into the
facility, the following is a break out of the number of students per classroom.:
Classroom #i has six (6) students
Classroom #2 has ten (10) students
Classroom 43 has -one (1) student
Classroom #4 has six (6) students
Classroom #5 has six (6) students
Office has one (1) student
The ages of the students at AP Learning Center range from age 5 through age 12 and grades representing K
through 8.
The subjects taught at AP Leaming Center include Chinese language classes, Math, English language
tutoring and one -on -ane flute and piano lessons.
Total number of classes per day and time: The are no more than two (2) classes being taught at any given
time at the facility. The break out of the class schedules are as follows:
From 3:30 pm to 4:30 pm in classroom #1 and #2, Chinese language, beginning level;
classroom #4 and #5, Math and English tutoring, beginning level.
From 4:45 pm to 5:45 pm in classroom #1 and 2, Chinese language advanced level;
classroom 94 and 95, Math and English tutoring, advanced level.
From Monday through Saturday, between the hours of 9:00 am to 8:00 pm there are a
series of individual flute/piano lessons taught on the facility both second and first floor
rooms.
Total number of teachers per day: AP Learning Center employs five (5) teachers to administer the current
curriculum.
Total number of administrative staff: AP Learning Center utilizes Mrs. Ying Akkos in the capacity of both
teacher and school administrator.
Total number of vehicles used for business and parked on the site during business hours: The total number
of vehicles parked on the facility site is four (4). These vehicles are either cars or vans. There are no trucks
or other commercial vehicles present or allowed on the site.
Please review this information and do not hesitate to call me if you need any further information or
clarification.
Sincerely, /
Ying Akkos
Principal of AP Learning Center
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E
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
On February 27, 2007, the Diamond Bar Planning Commission will hold a regular
session at 7:00 p.m., at the South Coast Quality Management District/Government Center -
Auditorium, 21865 Copley Drive, Diamond Bar, California.
Items for consideration are listed on the attached agenda.
1, Stella Marquez, declare as follows:
I am employed by the City of. Diamond Bar. On February 22, 2007, a copy of the
Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on
February 27, 2007, was posted at the following locations:
South Coast Quality Management
District Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Diamond Bar Library
1061 Grand Ave.
Diamond Bar, CA 91765
Heritage Park
2900 Brea Canyon Road
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 22, 2007, at Diamond Bar, California.
Stella Marquez
Community Developme.60-epartment
gA\affidavitposfing.doc