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HomeMy WebLinkAbout05/23/2017 PC AgendaPLANNING COMMISSION AGENDA May 23, 2017 7:00 P.M. City Hall, Windmill Community Room 21810 Copley Drive Diamond Bar, CA 91765 Chairperson Vice Chairperson Commissioner Commissioner Commissioner Raymond Wolfe Ken Mok Naila Barlas Frank Farago Jennifer "Fred" Mahlke Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21810 Copley Drive, Diamond Bar, California, during normal 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 Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. MB Please refrain from smoking, eating or The City of Diamond ear uses recycled drinking in the Windmill Community Room paper and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the contact information below. Every meeting of the Planning Commission is recorded and duplicate recordings are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Commission, CDs of Meetings (909) 839-7030 Email: info(o)diamondbarca.gov Website: www.diamondbarca.gov CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, May 23, 2017 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2017-12 1. ROLL CALL: COMMISSIONERS: Naila Barlas, Frank Farago, Jennifer "Fred" Mahlke, Vice Chairperson Ken Mok, Chairperson Raymond Wolfe 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 Speaker's a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairperson 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: May 9, 2017 5. OLD BUSINESS: None 6. NEW BUSINESS: 6.1 Review of Fiscal Year 2017-2018 Capital Improvement Program (CIP) - Conformity with the General Plan. Recommendation: Staff recommends that the Planning Commission adopt a Resolution finding the proposed Fiscal Year 2017-2018 Capital Improvement Program in conformance with the General Plan. MAY 23, 2017 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): 7.1 Development Review No. PL2016-204 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant and property owners are requesting Development Review approval to construct a 460 square -foot addition and 58 square -foot porch to an existing 2,077 square -foot single story residence with a 460 square -foot garage and 250 square -foot sunroom on a 0.18 gross acre (7,800 gross square -foot) lot. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low Density Residential. Project Address: 3372 Falcon Ridge Road Property Owner: Bill Dominguez and Karen Peng 3372 Falcon Ridge Road Diamond Bar, CA 91765 Applicant: Jason Sun 3018 E. Colorado Blvd., #150 Pasadena, CA 91107 Environmental Determination: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review PL2016-204, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Conditional Use Permit No. PL2017-29 — Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant is requesting a Conditional Use Permit to operate a chess school within a 675 square -foot unit located at Diamond Bar Town Center. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. Project Address: 1155 S. Diamond Bar Blvd., Unit T Property Owner: Diamond Bar Town Center, LLC 6621 E. Pacific Coast Highway, #270 Long Beach, CA 90803 MAY 23, 2017 PAGE 3 PLANNING COMMISSION 91 91 Applicant: Shijie Chen 618 N. McPherrin Ave. Monterey Park, CA 91754 Environmental Determination: The project has been reviewed for compliance with the California Environmental Quality Act (DEQA). Based that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 of Section 15301(a) (interior alterations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit PL2017-29, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future proiects 10. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: MEMORIAL DAY HOLIDAY: CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: Thursday, May 25, 2017, 7:00 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Monday, May 29, 2017 In observance of the holiday, City Offices will be closed. City offices will re -open on Tuesday, May 30, 2017 Tuesday, June 6, 2017 — 6:30 pm South Coast Air Quality Management District Auditorium 21825 Copley Drive Thursday, June 8, 2017, 7:00 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive MAY 23, 2017 PAGE 4 PLANNING COMMISSION PLANNING COMMISSION Tuesday, June 13, 2017, 7:00 pm MEETING: Diamond Bar City Hall Windmill Community Room 21810 Copley Drive 11. ADJOURNMENT: MINUTES OF THE CITY OF DIAMOND BARFl r* MEETING OF THE PLANNING COMMISSION MAY 9, 2017 CALL TO ORDER: Chair/Wolfe called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: C/Mahlke led the Pledge of Allegiance. Present: Commissioners Naila Barlas, Frank Farago, Jennifer "Fred" Mahlke, Vice Chair Kenneth Mok, and Chair Raymond Wolfe Absent: Also present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; May Nakajima, Associate Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 None Offered C/Mahlke moved, VC/Mok seconded, to approve the Minutes of the General Plan Update Joint Meeting #2 of the City Council and Planning Commission of March 29, 2017 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mahlke VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 4.2 Minutes of the Regular Meeting of April 25.2017: C/Farago moved, C/Mahlke seconded, to approve the Minutes of the Regular Meeting of April 25, 2017, as presented. Motion carried by the following Roll Call vote: MAY 9, 2017 AYES: NOES: ABSENT: 5. OLD BUSINESS 6. NEW BUSINESS: PAGE 2 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None PUBLIC HEARING(S): ID Barlas, Farago, Mahlke VC/Mok, Chair/Wolfe None None 7.1 Tree Permit No. PL2017-40 — Under the authority of Diamond Bar Municipal Code Section 22.38, the applicant and property owner requested a Tree Permit to remove one protected California black walnut tree (Juglans californica) and replace it with three California black walnut trees (3:1 replacement ratio) on site, located at 2468 Alamo Heights Road. The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential (RR). PROJECT ADDRESS: 2468 Alamo Heights Road PROPERTY OWNER: Richard Wang and Jing Ma 22826 Lazy Trail Road Diamond Bar, CA 91765 APPLICANT: Feng Xiao 2540 Huntington Drive, Suite 207 San Marino, CA 91108 AP/Nakajima presented staff's report and recommended Planning Commission approval of Tree Permit No. PL2017-40 as recommended by staff, Findings of Fact, and subject to the conditions of approval as listed in the Resolution. Chair/Wolfe asked if the arborist that provided the report included in tonight's packet was the original arborist for the project. AP/Nakajima explained that a Tree Permit was not required for the original application. Chair/Wolfe asked if the requirement for fire access was new or should it have been contemplated in the original proposed plans. AP/Nakajima said that a copy of the original plans were forwarded to LA County Fire and that comment regarding potential access was not provided to staff at that time. MAY 9, 2017 PAGE 3 PL414MNG 65MMISSION VC/Mok wanted to understand what was meant by a "period of time" for monitoring with respect to Option #2 and whether that period of time included the actual start of the project or if it was prior to the start of the project. CDD/Gubman referred VC/Mok to the applicant's consulting arborist for a response. Chair/Wolfe opened the public hearing. Christy Cuba, Arborist, Carlberg Associates said she went to the site, conducted the inventory and prepared the report. She asked VC/Mok to repeat his question which he did. Ms. Cuba explained that the monitoring would begin when the project commenced (as soon as the grading permit is issued) and the monitoring period would be determined by the City. Various jurisdictions have different limitations they set on monitoring timeframes. Sometimes it is through the construction period only whereas other jurisdictions require additional monitoring beyond the period of construction (months or years) once the project is complete and that would require monitoring reports to be submitted to the City so that if a tree fails as a result of the encroachment, conditions could be written in for replacement of the tree at that time or, written in the Permit now. VC/Mok asked how long, in Ms. Cuba's experience, it would take for a tree to fail from the time mitigation measures were put in place. Ms. Cuba responded that it is difficult to judge because California is just coming out of a drought. With drought impacts trees have been suffering. And the particular disease this tree has, evidence of a disease called Thousand Cankers disease, some trees can withstand and continue to live or may decline over a long period of time, but with construction impacts she believes the disease would be exacerbated. She has seen trees with Thousand Cankers disease that have declined over time anywhere from three to five years on average. And construction impacts could take a couple of years to appear as having impacted the tree. VC/Mok said that with the issues this tree has and the angle at which it is growing out of the slope he wondered if it could survive for many more years with the two issues of the disease and the angle at which it is growing. Ms. Cuba said it is her opinion that she does not believe it can survive because of a combination of the grading that will be required, the amount of fill material that needs to be placed under the canopy, the compaction and the retaining wall under the tree, as well as the amount of pruning (a substantial portion of the canopy) that will be required for fire access. Often in construction projects such as this, arborists try to estimate in the field how much pruning will be MAY 9, 2017 PAGE 4 PLANNING COMMISSION necessary, but when one is onsite attempting to prune the tree to standard arboricultural practices, where one might think it can be brushed up 14 feet but with the grade change (lifting the grade), that 14 feet becomes much higher and one does not want to merely cut a branch in the middle of the limb - it needs to be cut back to another lateral branch that is growing out and sometimes that significantly extends the amount of pruning one must do which means it could go from 25 percent as indicated in the report to 50 percent of that canopy at the time of pruning. ChairMolfe said the plans likely already included the retaining wall and compaction of the soil around the root base of the tree so the real issue tonight is the pruning that is necessary to allow fire vehicles access in that area which gets back to his earlier concern. It sounds to him like there are two distinct issues with this tree, the latter being the pruning of the tree which could irreparably injure the tree, but the former being something that perhaps should have been addressed when this was in front of the Commission several years ago, which is, the impact to the root structure of the tree by virtue of the landscaping that was going to be done with the retaining wall compaction. He recalled that the plan showed a golf cart running through that area. He asked for clarification that this was all part of the original plan. AP/Nakajima said she did not have the old site plan with her. However, from what she understands, there was no access path proposed with the original application. Chair/Wolfe said if they were going to put a retaining wall in, it had to be part of the original approval and AP/Nakajima responded that she believed there was a retaining wall proposed on the original site plan and asked if the architect could offer her input. Feng Xiao, Architect, verified that at the time the previous architect submitted the first application on the old site plan, her firm was not involved. However, she recalled that definitely there was no fire access from the north and for the current retaining wall there was very detailed plans for a detailed grading plan and retaining wall. That retaining wall close to the path came from one of the HOA's comments that said it could not be graded more than two feet. Because the grading plan was never finished in time to submit it for Planning Commission review, she does not recall that there was a retaining wall at that location. However, she does recall that there was a retaining wall on the south side closer to the garage entry. Probably at that time, there was no detail level grading plan/retaining wall plan generated and most likely no encroachment issue would have been identified. MAY 9, 2017 PAGE 5 PLANNING COMMISSION Chair/Wolfe asked the arborist how far away the fire access would have to be away from the canopy of the tree to not impact the tree. Ms. Cuba responded that the east canopy spread is approximately 20 feet, the southern canopy spread is approximately 18 feet and the westerly canopy spread is about 30 feet. It is unbalanced to the west and the canopy is almost sweeping the ground. And, there are multiple trunks. Typically, walnut trees do not respond well to compaction, or cut or fill under the canopy. They tend to decline fairly rapidly after more than a couple of inches of fill material. So, in this case since there would have to be fill and a retaining wall, she would recommend that the access road be about 20 feet away on the westerly side. There would be more leverage because trucks would be coming up from the west and it would be sloping up so that the grade, if she remembers correctly, could gradually come up and move closer to the tree as the canopy spreads in. She reiterated 20 feet on the west and moving in 15 feet or so moving away from the trunk and swinging back out. So, 20, 15 and 20 feet as one moves away from the trunk. But again, it would depend on the amount of material that would need to be placed under the canopy and still, there would need to be removal of a great deal of that canopy. C/Mahlke asked if Ms. Cuba was saying that the fill material called out in the report is used for landscape, hardscape and residential design and from what she understood Ms. Cuba to say, the fill material would do more of the damage and the tree would not recover as readily from use of the fill material. Ms. Cuba said it would be both the fill material and the canopy pruning that would jeopardize recovery. C/Mahlke asked how much of the fill material was merely for design and Ms. Cuba referred C/Mahlke to the Civil Engineer and Architect for an answer to her question. C/Mahlke was asking if the fill material was less and little pruning was done for the fire access with nothing being done to the root system, would the chance of the tree's survival increase significantly and Ms. Cuba said she would say yes, but if the orientation of the cart path remains where it is she is not sure how that would be accomplished. She pointed out the grade differential on the photograph of the tree and pointed out that the current plan shows that a rock wall and an eight -foot wide DG cart path will be located approximately five feet (5') south of the trunk, and if that position needs to be held she is not sure how it could be engineered to not require fill be placed there given the existing topography. Robin Smith spoke about the Migratory Bird Treaty Act. She reviewed the tree report for this project and believed the arborist had done a superb job in assessing the situation. She asked the City to explain the policy on trimming and removing trees, especially protective native trees during nesting season which MAY 9, 2017 PAGE 6 PLANNING COMMISSION is February to August. She mentioned that many birds in the City nest all year round. Does the City of Diamond Bar uphold the Migratory Bird Act which protects nesting birds, both resident and Migratory? She agrees the tree probably needs to be removed but she is very concerned about when that removal will occur. Related to that, if the Commission were to say no nests have been found in the tree she would like to see evidence because she believes there is supposed to be a report that produces evidence for or against a nest being in an existing tree. The problem is, tree removal and trimming in spring and early summer is irresponsible and possibly illegal. It can damage trees and devastate nesting birds. Cutting, trimming and pruning during spring and early summer can lead to diseased trees and intrusions of pests that harm trees. Hawk nests are large and visible, but the majority of song bird nests are small and camouflaged. Tree trimmers may not see the nest until it is too late and loud activity can frighten birds and cause them to starve, vacate the nests, etc. The Migratory Bird Treaty Act says that birds in active nests are protected from harm or harassment. California Fish and Wildlife and the U.S. Fish and Wildlife Service may issue citations and levy fines to individuals or companies that disregard these regulations. Solutions to help trees and birds would be a list of things that can be done to improve the environmental integrity of the City which are, trim and prune during the fall and winter when trees are dormant, hiring arborists, landscapers and trimmers who consider the health of trees and birds that nest in them, which is declared in their specified written service agreements, and avoid contracting services that only trim trees that work all year around. Citizens are advised to act if they see tree trimmers disturbing an active nest by taking a picture of the nest or the destruction and the company's name and report violations to the Fish and Wildlife Service number. She said she wanted to remind the City that a single tree, native or ornamental is an ecosystem in and of itself. It is part of a larger habitat which is a critical participant to the entire City ecosystem. So in an effort to preserve and conserve the environmental integrity she asks the Commission to learn more about ecological literacy and the science which teaches that these elements are all connected. When a single tree is trimmed during certain seasons it does impact both immediate and cumulative. She is very curious to understand what the City would do to update its Tree Removal Permits to consider the risk of wildlife related to tree or habitat removals. Chair/Wolfe closed the public hearing. C/Mahlke felt she did not know enough about Option 2 and also felt the Arborist had done such a thorough job that there was likely little hope for the tree. She was concerned that if the tree is lost and there is no replacement consideration MAY 9, 2017 PAGE 7 PLANNING COMMISSION it will not be replaced. Therefore, if the tree will be lost, the Commission needs to preemptively make sure the replacement option is in place. Therefore, she will make a motion to Option 1 as recommended by staff. Chair/Wolfe said that he came to tonight's meeting with concerns which the Commission heard. When he looked at the plan and the reason for the Tree Permit he asked for the site plan to be put back up because he was trying to understand if there was another way the access could be accomplished. He suspects there might be another way to go about providing the fire access that would, to some degree, change the frontage of the property and given the commentary from the Arborist about the current condition of the tree, he is not sure it is worth the effort and therefore agrees with C/Mahlke that the City would not get anything in return. Staff's recommendation to remove this tree and replace it with three trees of the appropriate size leads him to second the motion. VC/Mok said he visited the site today and walked up to look at the tree from all angles. The location of the tree is awkward and the way it is growing out of the slope it appeared to him that with a strong wind or more rain it would topple over. He walked fairly close to the trunk and noticed all of the problems the Arborist opined. The other trees are very small and spindly and not protected. After viewing the tree up close it would certainly impact the project and its progression. C/Mahlke moved, Chair/Wolfe seconded to approval of Tree Permit No. PL2017-40 as recommended by staff, with the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Barlas, Farago, Mahlke, VC/Mok Chair//Wolfe None None 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: Chair/Wolfe said it was VC/Mok's birthday today, and the other commissioners wished VC/Mok a happy birthday. MAY 9, 2017 PAGE 8 PLANNING COMMISSION 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman said that the next Planning Commission is scheduled for May 23 with three items on the agenda. The annual budget will be headed to the City Council in June (the General Fund budget and Capital Improvement Program budget) and under state law, before the City Council can adopt the Capital Improvement Plan, the Planning Commission is charged with reviewing the list of proposed projects and determining that the CIP is consistent with the General Plan. PWD/Liu will be in attendance to answer any questions the Commissioners might have about the projects listed in the report. In addition, there are two routine land use proposals on the agenda, an addition to an existing single family residence at 3372 Falcon Ridge Road, and a Conditional Use Permit for a chess tutoring facility on the second floor of the commercial building at the corner of Grand Avenue and Diamond Bar Boulevard. The next General Plan Advisory Committee meeting is scheduled to be held on Thursday, June 15 in the Windmill Room at 6:30 p.m. which will be advertised through social media and via the Diamond Bar Newsletter. The topic of the next meeting will be the beginning of Phase II where the Committee will consider the feedback from the outreach and reconnaissance phase and will begin considering land use alternatives which will be anchored around potential locations for a "town center" in which there was much interest and positive response during the outreach efforts i.e., that Diamond Bar should have a "there -there". The first phase identified three potential "town center" locations that will be the cornerstone of a broader land -use plan which will include a broader plan for mixed-use zones and other facilities of community interest where the land inventory and existing development conditions might accommodate such zones. The GPAC is not being asked to select a preferred alternative but rather receive more conceptual information to begin getting feedback from the members as to whether the process has started at the right point of departure and if so, what various aspects of the various alternatives seem to be more preferable after which the process will continue to work toward refinement of a "preferred" alternative. This portion of the project will move into 2018 and when a preferred land -use plan has been developed, staff will begin drafting the General Plan document with all of its goals, objectives and policies, and begin working on the EIR. This process is still on track for adoption of an updated General Plan in late spring/early summer of 2019. MAY 9, 2017 PAGE 9 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As posted in the Agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the regular meeting at 7:41 p.m. The foregoing minutes are hereby approved this 23rd day of May, 2017. Attest: Respectfully Submitted, Greg Gubman Community Development Director Raymond Wolfe, Chairperson PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 DATE: May 23, 2017 TO: Planning Commission FROM: Greg Gubman, AICP, Community Development Director BY: Grace S. Lee, Senior Planner SUBJECT: Review of Proposed Fiscal Year 2017-2018 Capital Improvement Program (CIP) for Conformity with the General Plan BACKGROUND: Each year, prior to the adoption of the City's annual budget, the Planning Commission reviews the proposed fiscal year Capital Improvement Program (CIP) for consistency with the City's General Plan and adopts a resolution to record its findings. The process is mandated pursuant to California Government Code Section 65401 (see Attachment 2). ANALYSIS: The proposed Fiscal Year (FY) 2017-2018 CIP is detailed in Attachment 3, and is comprised of the following expenditures: CIP 2017-2018 Expenditures • Street Improvements $3,716,099 • Traffic Management/Safety $2,729,150 • Transportation Infrastructure Improvements $10,256,953 • Miscellaneous Public Works Improvements $3,062,101 • Parks and Rec. Improvements $1,453,124 Total: $21,217,429 Capital improvement projects are funded by various sources: General Fund Reserves; Sale of Prop A Funds; Measure M; Measure R (Local Return Fund); Gasoline Tax Fund; Proposition A; Proposition C; MAP 21; Traffic Mitigation Fund; Sewer Improvement Fund; AB 2766; SB 821 Fund — Bike and Pedestrian Paths (TDA); MTA Grants; Waste Hauler Fund; Quimby Fund; Park Development Fund; Community Development Block Grant (CDBG) Funds; Land & Water Conservation Grant; Habitat Conservation Grant; Cost Reimbursement from City of Industry; Building and Facility Maintenance; and Developer Fees. The Public Works Department develops the project list based on identified community improvement needs. Planning staff finds that the proposed FY2017-2018 CIP is consistent with the adopted General Plan's Vision Statement and numerous Goals, Objectives, and Strategies, including, but not limited to, the following: • Land Use Element — o Goal 3, Objective 3.1, and Strategy 3.1.2. • Resource Management Element— o Goal 1, Objective 1.3, Strategy 1.3.7; o Goal 2, Objective 2.3, Strategy 2.3.2. • Circulation Element — o Goal 1, Objective 1.2, Strategy 1.2.1, Objective 1.3, Strategy 1.3.2; o Goal 2, Objective 2.1, Strategy 2.1.12; o Goal 3, Objective 3.1, Strategies 3.1.1 and 3.1.3, 3.1.4, and 3.1.5. • Public Services and Facilities Element— o Goal 1, Objective 1.1, and Strategy 1.1.5. The full text of the above Goals, Objectives and Strategies is provided in the attached Resolution. Capital Improvement Projects Below is a summary of the various projects proposed under the FY2017-2018 CIP: Street Improvement Protects • Morning Canyon Reconstruction (Diamond Bar Blvd. to Stonepine). This project has gone through a redesign of the plans to save as many trees as possible. The construction contract was awarded by City Council in April 2017. The project is being carried over since construction will continue into the new fiscal year with completion in Fall 2017. Improvements will include rehabilitation of the roadway, reconstruction of the sidewalk, drainage improvements and expansion of the parkway to create a larger area for the root growth of the mature trees in the parkway. 2 CIP - FY2017-2018 • Road Maintenance Projects – Grind and Overlay, Slurry Seal or Chip Seal maintenance is applied to designated roadways within the City. This type of maintenance activity is applied annually to residential streets and arterial roadways on an eight-year cycle per neighborhood to extend the life of the existing road pavement; and the appropriate pavement markings are re-established (see Attachment 4). Carryover projects from FY2016-2017 since project construction will begin after June 30, 2017, are as follows: o Residential & Collector Road Maintenance –Area 4 (Project is expected to begin in late July 2017 with completion in October 2017); o Arterial Street Rehabilitation & Drainage Improvement—Brea Canyon Cut -Off (Project is expected to begin in late July 2017 with completion in October 2017); and o Pathfinder Road Rehabilitation—West City Limit to Peaceful Hills (Project is expected to begin in late Summer 2017 with completion in Winter 2017). This project is being constructed by the County of Los Angeles in coordination with their roadway improvements within their jurisdictional limits. New Projects for FY2017-2018 are as follows: o Arterial Street Rehabilitation Diamond Bar Blvd. (Freeway to Sunset Crossing)— Design is expected to begin in November 2017 with completion in April 2018 and construction taking place in Summer 2018. Residential & Collectors Road Maintenance –Area 6 (Design is expected to begin in November 2017 with completion in April 2018). Traffic Management/Safety Projects Traffic Calming Projects– Diamond Bar developed and is implementing neighborhood traffic management programs to enhance the quality of life on residential streets within neighborhoods across the City. Solutions vary accordingly and may include reducing the speeds of motorists, reducing the volume of traffic, or finding ways for residents living near schools to cope with the rush of pick-up and drop-off traffic. o The Neighborhood Traffic Management Program (NTMP) is provided for our residents to address speeding and cut -through traffic in the neighborhoods. A variety of traffic calming tools are used, including speed cushions, specialized lane striping, signage, and other methods to reduce speeding and cut -through traffic. Staff is currently working with residents in the neighborhood of Armitos PI. between Rockbury Dr. to Carpio Dr., as well as the neighborhood of Crooked Creek 3 CIP - FY2017-2018 between Cold Spring Lane and Diamond Bar Blvd. The program requires a petition of 67% of the affected neighborhood to be submitted in order to fully design and implement the conceptual plans that have been presented to the community. NTMP meetings will be scheduled in the next fiscal year to meet with the residents to discuss the final plan for the neighborhood. Note that this is a carryover project from FY2016-2017. o In addition to the carryover project above with the two neighborhoods identified, additional project funds are being programmed in the event new neighborhoods develop programs in the coming fiscal year based on resident interest and participation. • Traffic Signal Infrastructure Upgrades (Year 2: Design and Construction) — This project is a continuation of the planned upgrades recommended in the Traffic Signal Operation & Maintenance Master Plan. Construction will begin by the end of Fiscal Year 2016-2017 but will continue into Fiscal Year 2017-2018. Upgrades to be made include rewiring of three (3) intersections; replacing 4.3 miles of copper cable with fiber optic cable; and updating traffic signal components such as signal relays, conflict monitors, traffic signal cabinets, pedestrian countdown signal indicators, video detection cameras; and upgrading traffic signal controllers at thirty (30) intersections. This work is being completed to bring all existing infrastructure up to current standards. Note that this is a carryover project from FY2016-2017. • Traffic Signal Infrastructure Upgrades (Year3 Design and Construction) - This project is the last phase of the three (3) phase Traffic Signal Infrastructure Upgrades Plan recommended in the Traffic Signal Operation & Maintenance Master Plan. Design began in FY2016-2017 and is expected to be completed in early FY2017-2018 with construction beginning shortly thereafter. Upgrades will include rewiring of two (2) intersections; replacing 4.3 miles of copper cable with fiber optic cable; and upgrading traffic signal controllers at twenty one (21) intersections. This work is being completed to bring all existing infrastructure up to current standards. Note that the design project funding is a carryover project from FY2016-2017. • Adaptive Traffic Control System — The adaptive system will enhance the signal timing at existing signalized intersections by automatically adjusting the timing to optimize traffic flow based on real-time traffic conditions. A portion of this project is funded with Metro Call for Projects Grant funds. The design is currently underway as part of Fiscal Year 2016-2017 funding with a vendor selection anticipated for early Fiscal Year 2017- 2018 and full project implementation and completion by late FY2017-2018. Note that this is a carryover project from FY2016-2017. • Copley/Golden Springs Drive Intersection Modification — This project will modify the existing traffic signal at the intersection of Golden Springs Drive/Copley Drive. Currently, vehicles traveling westbound on Golden Springs Drive are permitted to turn left onto Copley Drive with a green arrow or green "ball' indication. Review of the 4 CIP - FY2017-2018 signal operations have indicated that a protected left turn on green arrow only may be warranted for vehicles turning left onto Copley Drive thereby eliminating the permitted left turn' on green "ball" indications. The signal will be modified based on the current study of the intersection operations. The design contract was awarded by Council in April 2017 with construction expected in late 2017/early 2018. Note that this is a carryover project from FY2016-2017. Transportation Infrastructure Improvements Lemon Avenue Interchange Right -of -Way (ROW) Acquisition — Lemon Avenue interchange at SR/60 will provide for a % interchange that includes eastbound on and off ramps and a westbound on ramp. The project has been on the Council Goals and Objectives for a number of years and the project is currently under construction. The Right -of -Way Certification was received in October 2015. Nine partial residential and four partial commercial property acquisitions were completed. The current activities of this phase include utility relocations in the acquisition and existing right-of-way areas, as well as temporary construction easements (TCE's) that are necessary during construction activities. The current TCE's will be extended into FY2017-2018 as construction continues. (This project is being carried over to FY2017-2018 as this phase of the project will be necessary while construction takes place in the TCE areas). Lemon Avenue Interchange Construction — The construction phase of the Lemon Avenue interchange at SR60 project is currently underway with completion scheduled for Spring 2018. Note that this is a carryover project from FY2016-2017. Miscellaneous Public Works Improvements Groundwater Drainage Improvements — In FY2014-2015, a Comprehensive Groundwater Drainage Study was completed identifying and evaluating various roadway locations with groundwater conditions that warrant drainage improvements. Eleven locations were evaluated as listed below: o Groundwater under Cold Springs Lane just east of Diamond Bar Boulevard. o Groundwater drainage onto Flapjack Drive cul-de-sac through curb core. o Ambushers Street groundwater through existing parkway drains. o Golden Springs Drive sidewalk drainage near Rancheria Road (Northminster Church). o Brea Canyon Road sidewalk drainage near Sapphire Lane (Edison Pole Drainage). o Drainage onto Copley Drive in front of City Hall through parkway drain. 0 20834 Moonlake drainage through parkway drain. 0 20532 Calpet drainage through parkway drain. o Groundwater under Cleghorn Drive just north of Grand Avenue. o Brea Canyon Cut -Off at Oak Crest Drive. o Seepage and poor surface drainage at 21325 Hipass Drive. 5 CIP - FY2017-2018 Two locations on the list (Golden Springs Drive at Rancheria and Brea Canyon Road at Sapphire as one project) will be completed for design and construction in FY2017- 2018. Designs will include adding inlets and storm drain laterals to provide for conveyance of groundwater into existing storm drain systems. Note that this is a carryover project from FY2016-2017. Brea Canyon Cut-off at Oak Crest Drive is being completed above as part of the street improvements project with Design being completed in FY2016-2017 and construction being completed in FY2017-2018. A fourth location is being added next fiscal year for the design and construction of improvements located at 21325 Hipass. • Sewer System Evaluation and Capacity Assurance Plan – As required by Waste Discharge Requirements for Sanitary Sewer Systems Water Quality Order No. 2006- 0003-DWQ issued by the State Water Quality Resources Control Board, the City must complete a Sewer System Master Plan. This plan will provide a comprehensive evaluation of the City's public sewer system including 10 pump stations. Current conditions and maintenance operations, as performed by the County of Los Angeles, will be examined and any area of improvement will be identified. Note that this is a carryover project from FY2016-2017: • City Entry Monuments (Golden Springs Dr./Calbourne and Diamond Bar Blvd./Temple) - Two monument signs similar to the monument sign that was constructed at the Grand Ave./Longview Dr. City limit will be constructed at Diamond Bar Blvd./Temple Ave. and Golden Springs Dr./Calbourne Ave. City limits. Each location will have one monument and two parkway elements. The project is expected to complete design and bid in June 2017 with completion in Fall 2017. Note that this is a carryover project from FY2016-2017. • Grand/Golden Springs Intersection Enhancements–As part of the required mitigation improvements forthe development north of the 57/60 confluence area, the intersection of Grand Ave. and Golden Springs Dr. will be widened by the City of Industry. In conjunction with the widening of the intersection, Diamond Bar will be implementing landscape and hardscape elements with decorative traffic signals that have been incorporated at the Grand Ave./Diamond Bar Blvd., Grand Ave./Longview Dr. and Diamond Bar Blvd./Brea Canyon Road intersections. The project's design is expected to be completed in mid FY2017-2018 with construction to follow. • Lemon Avenue Quiet Zone—A quiet zone at the Lemon Avenue railroad crossing owned by the Union Pacific Railroad Company (UPRR) and used by Southern California Regional Rail Road Authority (Metrolink) is to be studied in mutual effort between City of Diamond Bar and City of Industry. A quiet zone is a section of a rail line at least one-half mile in length that contains one or more consecutive public highway/rail grade crossings that will reduce the use of train horns near the crossing. 6 CIP - FY2017-2018 Train horns may be sounded in emergency situations or to comply with other railroad or Federal Railroad Administration (FRA) rules which requires that locomotive horns sounding 15-20 seconds before entering public highway/rail grade crossings, no more than one-quarter mile in advance even within a quiet zone. The study is anticipated to be completed by June 2018. Facility Parks and Recreation Improvements Design of Heritage/Peterson Park Improvements – The project consists of evaluating and designing improvements to both the Heritage and Peterson Park locations with upgrades to ADA access. Design is scheduled to be completed by June 2018. • Construct Improvements at Longview Park South – Improvements include the construction of ADA accessible play equipment and improvements to ADA access by removing architectural barriers at Longview Park South. The project, including contract administrative costs, is being funded with Community Development Block Grant Funds. Construction is currently underway and is scheduled to be completed by Fall 2017. This is a carryover project from FY2016-2017. • Design Canyon Loop Trail – Design a loop trail in the open space adjacent to the Diamond Bar Center that can be accessed from the Grandview Trail and the Steep Canyon Trail. Design scheduled for completion in FY2017-2018. This is a carryover project from FY2016-2017. Construction of Canyon Loop Trail—Upon completion of the design of the Canyon Loop Trail, construction will begin. • Sycamore Canyon Park Damage—During the storms in January 2017, severe erosion occurred at the Sycamore Canyon Park Trail Head at Diamond Bar Blvd. The trail head has since been closed while geotechnical evaluation and recommendations are being completed for the repair of the hillside and a full engineering design will be completed in FY2017-2018 for the repair. This is a carryover project from FY2016- 2017. • Pantera Park Pathway Lighting Project—Replacement of underground electrical, footings, light poles and fixtures for the pathway lighting around Pantera Park. Design is expected to begin in FY2016-2017 with construction to be completed in FY2017- 2018. This is a carryover project from FY2016-2017. • Playground Resurfacing Replacement and ADA Improvements at Starshine Park— The rubberized surfacing of the playground will be replaced and associated ADA improvements will be made at Starshine Park using Community Development Block Grant Funds. Full project completion is expected by June 2018. • City Hall HVAC Replacement—The Civic Center Building housing City Hall and the LA County Library has two original 90 -ton HVAC units. The existing system has been 7 CIP - FY20W-2018 requiring supplemental maintenance and repairs in addition to the normal preventative maintenance. This project will replace both units with new modern HVAC system units. Full project completion is expected by June 2018. • DBC Roofing Replacement (Phase //)—The Diamond Bar Center was constructed in 2004 and is in need of roof rehabilitation to ensure the longevity of the overall roof structure for an additional 20 years. This is the second phase of a four year project to completely rehabilitate the entirety of the DBC's roof. This project is scheduled for completion by June 2018. ENVIRONMENTAL REVIEW: The proposed Fiscal Year 2017-2018 Capital Improvement Program is found to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Article 19, Section 15301 (Operation, Repair, Maintenance of Existing Facilities) of the CEQA Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 2017 -XX finding the proposed FY2017-2018 Capital Improvement Program in conformance with the City's General Plan. Prepared by: W-1111111 MR&MA �- Senior Planner Attachments: Reviewed Greg Gubman, AICP Community Development Director 1. Draft Resolution No. 2017 -XX 2. CA Government Code Section 65401 3. FY2017-2018 Capital Improvement Program/Project List 4. Map of Residential and Collector Road Maintenance Program 8 CIP - FY2017-2018 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2017 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THAT THE PROPOSED FISCAL YEAR 2017-2018 CAPITAL IMPROVEMENT PROGRAM (CIP) IS CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF DIAMOND BAR AND RECOMMENDING APPROVAL TO THE CITY COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65401. A. RECITALS 1. WHEREAS, on April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. 2. WHEREAS, on July 25, 1995, the City of Diamond Bar adopted its General Plan incorporating all State mandated elements, and portions of the General Plan have been updated from time to time. 3. WHEREAS, the City Manager of the City of Diamond Bar has prepared a proposed Capital Improvement Program and Budget for the City's 2017-2018 Fiscal Year which outlines a program identifying proposed public works improvement projects to occur during the fiscal year. The projects include, but are not limited to, street and highway improvements, traffic signal installations and modifications, and park improvements. 4. WHEREAS, California Government Code Section 65401 requires the Planning Commission to review proposed public works projects for the ensuing fiscal year to determine compliance with the City's General Plan. 5. WHEREAS, on May 23, 2017, at a regularly scheduled meeting, the Planning Commission reviewed and considered the City of Diamond Bar's proposed Fiscal Year 2017-2018 Capital Improvement Program, and the projects contained therein, and concluded said review prior to the adoption of this Resolution. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the facts and evidence presented during the Planning Commission meeting regarding the City's proposed Fiscal Year 2017-2018 Capital Improvement Program, including oral and documentary evidence provided by City staff, and in accordance with the provisions of California Government Code Section 65401, the Planning Commission hereby finds as follows: (a) The projects identified in the City's proposed Fiscal Year 2017-2018 Capital Improvement Program, are consistent with the City's General Plan adopted July 25, 1995, including, but not limited to: (i) Land Use Element • Goal 3 — Consistent with the Vision Statement, maintain recognition within Diamond Bar and the surrounding region as being a community with a well-planned and aesthetically pleasing physical environment. o Objective 3.1 — Create visual points of interest as a means of highlighting community identity. Strategy 3.1.2 — Where feasible and appropriate, add areas for landscaping, such as in medians or by widening parkways within the primary arterial roadway system, as a means of traffic control, providing pedestrian amenities, and as an aesthetic feature for the community. (ii) Resource Management Element • Goal 1 — Consistent with the Vision Statement, create and maintain an open space system which will preserve scenic beauty, protect important biological resources, provide open space for outdoor recreation and the enjoyment of nature, conserve natural resources, and protect public health and safety. o Objective 1.3 — Maintain a system of recreation facilities and open space preservation which meets the active and passive recreational needs of Diamond Bar residents of all ages. ➢ Strategy 1.3.7 — Develop recreation facilities emphasizing active and passive recreation areas. The development of a community center, the acquisition of traditional neighborhood parkland including community athletic fields should be pursued. • Improve and enhance existing recreation areas. • Pursue joint public/private development of recreation facilities. ■ Develop and maintain a comprehensive inventory of recreation facilities and update the facilities to ensure that the City's needs are being met. • Actively pursue land acquisition for parks. ■ Pursue acquisition of various hillside areas for natural parks. • Initiate a program of identifying environmentally significant areas in the City and Sphere of Influence, and analyze the possibility of protecting any unique or significant environmental features of such areas. • Pursue protection of environmentally significant areas. 2 CIP 2017-2018 ■ Pursue development of an integrated trails system within the community. Goal 2 — Consistent with the Vision Statement, identify limits on the resources needed to support existing and future uses within the City of Diamond Bar and its Sphere of Influence, and ensure that resources are used wisely. o Objective 2.3 — Reduce overall local energy consumption by promoting efficient land use patterns which reduce the amount of vehicular travel. ➢ Strategy 2.3.2 — Design and implement a Citywide system of bikeways and pedestrian trails as non-polluting circulation alternatives. (iii) Circulation Element • Goal 1 — Consistent with the Vision Statement, enhance the environment of the City's street network. Work toward improving the problems presented by the intrusion of regionally oriented commuter traffic through the City and into residential neighborhoods. Consider programs to reinforce the regional transportation and circulation system to adequately accommodate regional needs. o Objective 1.2 — Participate in local and regional transportation related planning and decision-making. ➢ Strategy 1.2.1 — Prepare programs for traffic control measures including, but not limited to, additional stop signs at problem intersections, timing of signals and regulation of speed limits. o Objective 1.3 — Maintain the integrity of residential neighborhoods. Discourage through traffic. ➢ Strategy 1.3.2— Implement traffic control programs in 1.2.1 (Prepare programs for traffic control measures including, but not limited to, additional stop signs at problem intersections, timing of signals and regulation of speed limits) to reduce and divert through traffic. • Goal 2 — Consistent with the Vision Statement, provide a balanced transportation system for the safe and efficient movement of people, goods and services through the City. o Objective 2.1 —Maximize the use of alternative transportation modes within and through the City to decrease reliance on single -passenger automobiles. 3 CIP 2017-2018 ➢ Strategy 2.1.12 — Explore the feasibility of interconnected public hiking trails. • Goal 3 — Consistent with the Vision Statement, maintain an adequate level of service on area roadways. o Objective 3.1 — Improve the safety and efficiency of existing transportation facilities. ➢ Strategy 3.1.1 — Maintain Level of Service "C" or better at arterial mid -block segments (average daily) and "D" or better during peak hours at signalized intersections to the extent possible. ➢ Strategy 3.1.3 — Improve intersections in the City which have peak hour traffic service levels worse than "D." Where feasible, these improvements should be made within existing right-of-way. ➢ Strategy 3.1.4 — Maintain a pavement management system and maintenance program for all public roadways throughout the City. ➢ Strategy 3.1.5 — Develop a signal system management system and maintenance program for all traffic signals throughout the City. (iv) Public Service and Facilities Element • Goal 1 — Consistent with the Vision Statement, provide adequate infrastructure facilities and public services to support development and planned growth. o Objective 1.1— Maintain adequate systems for water supply and distribution; Wastewater/sewage collection, treatment, and disposal; solid waste collection and disposal; and energy distribution which are capable of meeting the needs of the residents of Diamond Bar. ➢ Strategy 1.1.5 — Coordinate the long-term provision of utility services, including water, wastewater, sewage, electricity, natural gas, solid waste, etc. to assure adequate future levels of services for City residents. ■ Monitor plans by the Metropolitan Water District and City of Industry to locate a water reservoir in upper Tonner Canyon. • Support development of appropriately sited, environmentally sensitive, solid waste treatment facilities which do not impact resident's quality of life. 4 CIP 2017-2018 (b) The proposed projects comply with all other applicable requirements of State law and local ordinances, regulations, and standards; and (c) The proposed Fiscal Year 2017-2018 Capital Improvement Program is found to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301 of the CEQA Guidelines (operation, repair, maintenance of existing facilities). 3. Based on the findings and conclusions set forth above, this Resolution shall serve as the Planning Commission's report to the City Council regarding the General Plan conformity of the proposed public works projects in the City's Fiscal Year 2017-2018 Capital Improvement Program as required by California Government Code Section 65401. The Planning Commission shall: (a) Certify as to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar for use in its deliberations regarding the City's budget. ADOPTED AND APPROVED THIS 23rd DAY OF MAY, 2017, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Raymond Wolfe, Chairman I, Greg Gubman, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 23rd day of May, 2017, by the following vote to wit: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 CIP 2017-2018 Attachment 2 CALIFORNIA GOVERNMENT CODE SECTION 65401 Review of Capital Improvement Projects for Conformity with the General Plan If a general plan or part thereof has been adopted, within such time as may be fixed by the legislative body, each county or city officer, department, board, or commission, and each governmental body, commission, or board, including the governing body of any special district or school district, whose jurisdiction lies wholly or partially within the county or city, whose functions include recommending, preparing plans for, or constructing, major public works, shall submit to the official agency, as designated by the respective county board of supervisors or city council, a list of the proposed public works recommended for planning, initiation or construction during the ensuing fiscal year. The official agency receiving the list of proposed public works shall list and classify all such recommendations and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. Such coordinated program shall be submitted to the county or city planning agency for review and report to said official agency as to conformity with the adopted general plan or part thereof. 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S. .�,�...,,.,. ,...\ _- , _;; gA Ls. //� ` >::________ Attachment 4 Citywide Residential & Collector Road Maintenance Program A a - AREA 7 DIAMOND BAR AREA SECTION FISCAL - 1A 8.3 11-12 ® 113 11.2 12-13 0 2 16.5 13-14 0 3 17.9 14-15 0 4 14.4 15-16 - 5 12.0 16-17 6 11.8 17-18 ® 7 16.4 18-19 4 TOTAL 108.4 PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: GENERAL PLAN DESIGNATION ZONING DISTRICT: PROPERTY OWNER: APPLICANT: SUMMARY: 7.1 May 23, 2017 Development Review No. PL2016-204 3372 Falcon Ridge Road Diamond Bar, CA 91765 (APN: 8714-008-008) Low Density Residential (RL) Low Density Residential (RL) Bill Dominguez and Karen Peng 3372 Falcon Ridge Road Diamond Bar, CA 91765 Jason Sun Architect Suns Inc. 3018 E. Colorado Blvd. #150 Pasadena, CA 91107 The applicant and property owners are requesting approval of a Development Review (DR) application to construct a 460 square -foot single -story addition and 58 square -foot porch to an existing 2,077 square -foot, single -story residence with a 460 square -foot garage and 250 square -foot sun room on a 0.18 gross acre (7,833 gross square -foot) lot. RECOMMENDATION: Adopt the attached Resolution (Attachment 1) approving Development Review No. PL2016-204, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.48, subject to conditions. BACKGROUND: The subject property is a 7,833 square -foot (0.18 acre) parcel located on the northeast corner of Falcon Ridge Road and Highbluff Road. The property was developed in 1979 under Los Angeles County standards with a 2,077 square -foot single family residence and 460 square - foot attached garage. The property is legally described as Lot 18 of Tract No. 33205, and the Assessor's Parcel Number (APN) is 8714-008-008. Project Description The proposed addition is located at the front of the house and consists of the following components: PROJECT SUMMARY (square footage) Living Area (all single -story) Existing 2,077 New 460 Total Living Area 2,537 Attached Garage Existing 460 Total Garage Area 460 TOTAL FLOOR AREA 2,997 Porch/Patio Areas Existing Sun Room 250 New Porch 58 Total Porch/Patio Area 308 The existing single -story home consists of common areas (living room, foyer, dining room, family room, den, laundry room, and kitchen), two bedrooms, two bathrooms, sun room, and a two -car garage. The applicant is proposing to enlarge the laundry room, and add a bedroom and a full bathroom at the front of the house. Site and Grading Configuration: The property is an irregularly-shaped corner lot. The existing house is situated on a leveled pad. There is an existing descending slope along the street side property line. The proposed addition is located on an existing leveled pad at the front of the house. No further grading is required for the proposed addition beyond minimal excavation for footings and foundation placement. Architectural Features, Colors, and Materials: The architecture of the existing residence is 1970s tract design with wood siding, stucco, and concrete tiles on a gabled roof with a cross - hip roof over the garage. The applicant is proposing to remove wood siding at the front of the house and replace with stucco to match the existing stucco at the side and rear of the house and add three feet of stone veneer along the bottom of the front elevation. The existing chimney/fireplace will be removed to construct the addition at the front of the house. The applicant is also proposing a porch with a hipped roof over the new entrance of the house. The proposed addition will preserve the architectural integrity of the existing construction by matching exterior colors and building materials. Development Review No. PL 2016-204 Page 2 of 7 1 u��ll � � I �. "IUI ��rrd�.=- `: Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses located adjacent to the subject property: Site General Plan Designation Low Density Residential Zoning District RL Land Use Single Family Residential North Low Density Residential RL Single Family Residential South Low Density Residential RL Single Family Residential East Low Density Residential RL Single Family Residential West Low Density Residential RL Single Family Residential Site Aerial Development Review No. PL 2016-204 Page 4 of 7 Project Site Adjacent Property to the North Adjacent Property to the South (Across Highbluff Road) ANALYSIS Review Authority The proposed project requires a land use approval through the Development Review process. The analysis that follows provides the basis for staff's recommendation to approve the Development Review application. Development Review (DBMC Section 22.48) Additions which are equal to or greater than 50 percent of the existing habitable floor area of all existing structures on site, or substantially change the appearance of an existing residence require Planning Commission approval of a DR application. Development Review approval is required to ensure compliance with the City's General Plan policies and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. As stated in Section 22.48.010 of the Development Code, the Development Review process was established to ensure that new development and additions to existing development are Development Review No. PL 2016-204 Page 5 of 7 consistent with the General Plan "through the promotion of high functional and aesthetic standards to complement and add to the economic, physical, and social character" of Diamond Bar. Development Standards: The following table compares the proposed project with the City's development standards for residential development in the RL zone: Front and street side setbacks measurement for all parcels within Tract 33205 begin within the public right-of- way, six (6) feet behind curb face. ** Existing legal nonconforming structure and does not further encroach into setbacks. Landscaping: Landscape plans are not required because the site is already developed, and because the project is exempt from the City's Water Efficient Landscaping Ordinance. The ordinance would only apply if new or rehabilitated landscaping of 2,500 square feet or more was being installed or altered. However, landscaping that is damaged during construction will need to be restored upon project completion. This requirement is included as a condition of approval. Compatibility with Neighborhood The proposed project is designed to be compatible with the scale and character of the existing homes in the neighborhood. The addition is located 21 feet, 3 inches from the front property line, more than the required minimum 20 -foot front setback. The house will remain single -story and will maintain the existing height. Therefore, the proposed addition will maintain similar massing and scale as the existing house. The proposed changes to the front fagade—including the addition of a front porch and stone veneer—will enhance the front elevation of the house. The exterior architectural materials—such as the stucco and concrete roof tiles—of the addition will match those of the existing structure. The addition will thus be visually integrated into the existing home and not negatively impact the look and character of the neighborhood. Development Review No. PL 2016-204 Page 6 of 7 et • • .7feen 21'-3" 21'-3" Yes e side and 5'-3"— north side 5'-3"— north side other side 22 feet— street side* 18'-3"— street side* Yes et 10'-6" — north side 10'-6" — north side No** et 8'-6" to sun room 8'-6" to sun room No of 40% 31.7% 37.6% Yes et 16'-10" 16'-10" Yes arage 2 -car garage 2 -car garage Yes Front and street side setbacks measurement for all parcels within Tract 33205 begin within the public right-of- way, six (6) feet behind curb face. ** Existing legal nonconforming structure and does not further encroach into setbacks. Landscaping: Landscape plans are not required because the site is already developed, and because the project is exempt from the City's Water Efficient Landscaping Ordinance. The ordinance would only apply if new or rehabilitated landscaping of 2,500 square feet or more was being installed or altered. However, landscaping that is damaged during construction will need to be restored upon project completion. This requirement is included as a condition of approval. Compatibility with Neighborhood The proposed project is designed to be compatible with the scale and character of the existing homes in the neighborhood. The addition is located 21 feet, 3 inches from the front property line, more than the required minimum 20 -foot front setback. The house will remain single -story and will maintain the existing height. Therefore, the proposed addition will maintain similar massing and scale as the existing house. The proposed changes to the front fagade—including the addition of a front porch and stone veneer—will enhance the front elevation of the house. The exterior architectural materials—such as the stucco and concrete roof tiles—of the addition will match those of the existing structure. The addition will thus be visually integrated into the existing home and not negatively impact the look and character of the neighborhood. Development Review No. PL 2016-204 Page 6 of 7 The project incorporates the principles of the City's Residential Design Guidelines as follows: • A gradual transition between the addition and existing residence is achieved through appropriate setbacks, building height, landscaping, and window and door placement; • Elevations are treated with detailed architectural elements; • Placement and relationship of windows, doors, and other window openings are carefully integrated with the building's overall design; • The addition is visually integrated with the primary structure, by utilizing similar colors and materials throughout the proposed addition; • Roof style and pitch of the addition matches the primary structure; and • Large wall expanses without windows or doors are avoided. Additional Review The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On May 10, 2017, public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site. On May 12, 2017, the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the notice was posted at the City's three designated community posting sites. Public Comments Received No comments have been received as of the publication date of this report. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. Prepared by: —,l Natai T. Ep oza Assistant Planner Attachments: Reviewed by: Senior Planner 1. Draft Resolution No. 2017 -XX and Standard Conditions of Approval 2. Site Plan, Floor Plans, and Elevations Development Review No. PL 2016-204 Page 7 of 7 PLANNING COMMISSION RESOLUTION NO. 2017 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2016-204 TO CONSTRUCT A 460 SQUARE -FOOT SINGLE -STORY ADDITION AND A 58 SQUARE -FOOT PORCH TO AN EXISTING 2,077 SQUARE -FOOT, SINGLE -STORY RESIDENCE WITH A 460 SQUARE - FOOT GARAGE AND 250 SQUARE -FOOT SUN ROOM ON A 0.18 GROSS ACRE (7,833 GROSS SQUARE -FOOT) LOT AT 3372 FALCON RIDGE ROAD, DIAMOND BAR, CA 91765 (APN 8714-008-008). A. RECITALS 1. The property owners, Bill Dominguez and Karen Peng, and applicant, Jason Sun, have filed an application for Development Review No. PL2016-204 application to construct a 460 square -foot single -story addition and 58 square -foot porch to an existing 2,077 square -foot, single -story residence with a 460 square -foot garage and 250 square -foot sun room located at 3372 Falcon Ridge Road, Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Proposed Project." 2. The subject property is made up of one parcel totaling 7,833 gross square feet (0.18 gross acres). It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of Low Density Residential. 3. The legal description of the subject property is Lot 18 of Tract No. 33205. The Assessor's Parcel Number is 8714-008-008. 4. On May 10, 2017, public hearing notices were mailed to property owners within a 1,000 -foot radius of the Project site. On May 12, 2017, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers; and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 5. On May 23, 2017, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (e) (additions to existing structures) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48 040) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The design and layout of the proposed single -story addition consisting of 460 square feet of floor area and a 58 square -foot porch to an existing single -story, single-family residence is consistent with the City's General Plan, City Design Guidelines and development standards. The proposed addition will maintain architectural integrity by incorporating matching exterior colors and building materials. The mass and scale of the addition are proportionate to the existing house and surrounding properties. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed addition will not interfere with the use and enjoyment of neighboring existing or future developments because the use of the project site is designed for a single-family home and the surrounding uses are also single-family homes. In addition, no protected trees exist on site. 2 PC 2017 -XX The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single- family home because it complies with the requirements for driveway widths and is a continuation of an existing use. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan. The existing architecture is a 1970s tract design with wood siding, stucco, and concrete tiles on a gabled roof with a cross -hip roof over the garage. The applicant is proposing to remove the wood siding at the front of the house and replace with stucco to match the house and add three feet of stone veneer along the bottom of the front elevation. The existing chimney/fireplace will be removed to construct the addition at the front of the house. The applicant is also proposing a porch with a hipped roof over the new entrance of the house. The proposed addition is located 21 feet, 3 inches from the property line, more than the required minimum 20 -foot front setback. The house will remain single -story and will maintain the existing height of the house. The exterior architectural materials—such as stucco and concrete roof tiles—will match those of the existing structure. Therefore, the addition will be visually integrated into the existing home and not negatively impact the look and character of the neighborhood. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing. The existing architecture is a 1970s tract design with wood siding, stucco, and concrete tiles on a gabled roof with a cross -hip roof over the garage. The existing chimney/fireplace will be removed to construct the addition at the front of the house. The applicant is proposing to remove the wood siding at the front of the house and replace with stucco to match the house and add three feet of stone veneer along the bottom of the front elevation. The applicant is also proposing a porch with a hipped roof over the new entrance of the house. The addition will match the existing home in color and building materials, and roof style. Therefore, the addition will be visually integrated into the existing home and not negatively impact the look and character of the neighborhood. 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. 3 Pc 2017 -XX Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301 (e) (additions to existing structures) of the CEQA guidelines. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application, subject to the following conditions: Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing. 2. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 3. Prior to issuance of building permits, the applicant shall record, and provide the City with a conformed recorded copy of, a Covenant and Agreement or similar document in a form approved by the City Attorney, which restricts the rental of rooms or other portions of the property under two or more separate agreements and prohibits use of the property as a boarding or rooming house, except to the extent otherwise permitted by the Diamond Bar Municipal Code or applicable state or federal law. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the property owners, Bill Dominguez and Karen Peng, 3372 Falcon Ridge Road, Diamond Bar, CA 91765, and applicant, Jason Sun, Architect Suns Inc., 3018 E. Colorado Blvd., Pasadena, CA 91107. 4 ac 2017 -XX APPROVED AND ADOPTED THIS 23rd DAY OF MAY 2017, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 0 Raymond Wolfe, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 23rd day of May, 2017, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 Pc 2017 -XX DI�11I(1�'ll Bald DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2016-204 SUBJECT: To construct a 460 square -foot addition and 58 square -foot porch to an existing 2,077 square -foot, single -story residence with a 460 square -foot garage and 250 square -foot sun room. PROPERTY Bill Dominguez and Karen Peng OWNER: 3372 Falcon Ridge Road Diamond Bar, CA 91765 APPLICANT: Jason Sun SWS Design Group 3018 E. Colorado Blvd. #150 Pasadena, CA 91107 LOCATION: 3372 Falcon Ridge Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. I. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. , GENERAL REQUIREMENTS 1. The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. PL2016-204 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: 6 Pc 2017 -XX (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. PL2016-204, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License; and a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2017 -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. 7 Pc son -XX 9. All site, grading, landscape/irrigation, and roof plans, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The hours during which construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work are limited to Monday through Saturday, between the hours of 7:00 a.m. and 7:00 p.m., or at any time on Sundays or holidays. 11. The property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. PL2016-204 expires within two years from the date of approval if the use has not been exercised as defined pursuant to Diamond Bar Municipal Code (DBMC) Section 22.66.050(b)(1). In accordance with DBMC Section 22.60.050(c), the applicant may request, in writing, a one- year time extension for Planning Commission consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the Fee Schedule in effect at the time of submittal. 8 Pc 2017 -XX D. SITE DEVELOPMENT 1. This .approval is to construct a 460 square -foot addition and 58 square -foot porch to an existing single -story, single-family residence located at 3372 Falcon Ridge Road, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions listed herein. 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the Planning Commission, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the approved Development Review submittal, the plans may require further staff review and re -notification of the surrounding property owners, which may delay the project and entail additional fees. 3. To ensure compliance with the provisions of the Planning Commission approval, a final inspection is required from the Planning Division when work for any phase of the project has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection. 4. The above conditions shall run with the land and shall be binding upon all future owners, operators, or successors thereto of the property. Non-compliance with any condition of approval or mitigation measure imposed as a condition of the approval shall constitute a violation of the City's Development Code. Violations may be enforced in accordance with the provisions of the Development Code. 5. Failure to comply with any of the conditions set forth above or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City's requirement for full compliance may require minor corrections and/or complete demolition of a non- compliant improvement, regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. 6. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached referenced as site plans, floor plans, architectural elevations, and landscape plans on file with the Planning Division, the conditions contained herein, and the Development Code regulations. 9 PC 2017 -XX 7. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 8. All roof -mounted equipment shall be screened from public view. 9. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 10. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best 10 PC 2017 -XX Management Practices (BMP's) as specified in the Storm Water BMP Certification. B. DRAINAGE 1. 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. III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL CONDITIONS: 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e., 2013 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for CALGreen shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CALGreen Code. C. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL: 1. The minimum design load for wind in this area is 110 M.P.H. exposures "C" and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 2. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k). 3. Light and ventilation shall comply with CBC 1203 and 1205. 4. An occupancy separation shall be provided between the garage and addition area. 11 Pc 2017 -XX D. Permit — Items required prior to building permit issuance: 1. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 2. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 3. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. D. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION: 1. Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one -hundred -eighty (180) days after permit issuance, and if a successful inspection has not been obtained from the building official within one -hundred - eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 2. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 3. Existing fencing shall remain in-place during construction including pool barrier fencing. Any alteration of the fencing may result in a discontinuation of construction until the fences are returned to its original state. 4. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 5. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces. 6. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 12 Pc son -XX 7. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 8. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 9. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 10. Drainage patterns shall match the approved grading/drainage plan from the Public Works/Engineering Department. Surface water shall drain away from the building at a 2% minimum slope. The final as - built conditions shall match the grading/drainage plan or otherwise approved as -built grading/drainage plan. 11. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 12. All plumbing fixtures, including those in existing areas, shall be low - flow models consistent with California Civil Code Section 1101.1 to 1101.8. END 13 PC 2017 -XX EROSION CONTROL NOTES QA PROMOS SNTOBAG FRMOT NTTTROL PFR BMP M -S AG PRCPFRn um M DETAIM WON li a 56RW Attachment 2 HOUSE ADDITION C3(, RENOVATION ADDRESS: 3372 FALCON RIDGE RD., DIAMOND BAR, CA 91765 OWNER: BILL DOMINGUEZ ADDRESS 3372 FALCON RIDGE RD., DIAMOND BAR, CA 91765 ASSEMS NO; 8714008-008, TRI=33205 LOT IR ZOE M. LOT AREA. 7833 SF. + 855 SF. (MONT&SDE MEET) _ 8.788 S.F. FLOOR MEA (E) UNNG FLOOR AREA 2,077 S.F. (E) COVERED SUN ROOM 250 SF. (N) HOUSE ADDIOON 460 SF. (H) TOTAL UNNG AREA 2,787 SF. (E) 2 -CAR GARAGE 460 SF. (N) FRONT PORM 58 S.F. LOT COVERAGE MAX 40%= 3.515 3,515 > 3,305 3,305 / 8,788 =� FAR: 2,787 / 4788 PARKING: 2 -CAR GARAGE ST BAD-. SE SITE PIAN BUILDING HEIGHT. ONE STONY, HEIGHT 16'-16' CONSTRUCTON TYPE TRE V -B OCCUPANCY: R-3 / U SPONIOERED. NO CODE 2013 CRC, CK CYC, CPC, CEG GMC ALONG WIN RE 21113 T-24 ENERGY SfMDARDS THIRD PARTY INSPECTOR TO VERITY THE 4HU N BURRING CODES REQUIREMENTS: RICHARD CAIDOZA, RJC GROUP. BIG (714)-7454102 .]PROJECT SUMMARY ARCHITECTURAL TO TITS / WIDER / CMWLTANTH / SUMMARY / SCOPE OF WORK / GTNDYAL / ABBREVIATIONS LXMD / 511E PUN A-1 EXISTING FLOOR PUN/ ROOF PVN A-2 PRW FLOOR PLM/ ROOF PLAN A-3 EXISTING BURRING D ATIONS A-4 PRGPGSEG BUILDING NEVARRTS INDEX OF DRAWINGS 1. (N) 80 /2 ADOn6N 2 (N) BATH p AMMON F— 466 S.F. 3. (N) FOYER AMMON J C (E) LAUNDRY AMMON S (N) FRONT PONO1: 45 S.F. 6. RELOCATE WASHER AID DRYER 0 (E)LAUNDRY 7. REMOVE (EFIRSUCE h ENTRY & (E)WOOD SONG SCOPE OF WORK ARCHITECT SUNS, INC. z O Q CDb Zn ILm N W �m Zo C5Q S o� O 1 c�P Q3. 0 Lug J PROJECT NO :16214 DRAWING TITLE PROJECT TITLE PROJECT SUMMARY MAPSSITE / IX IND ABBREALMMARONS CONSULTANTS PREPARED BY: CH iSUE DA— T OF 5 O §q (F)TA2 1 PROJECT TITLE ru' mr M ik snl&M" A/w1r W 1R "ro. — Dm1rls MALA m mv,AT ♦ ` ♦ — mslxo misnucnox ro ff IWNGMs CONE S/AB 'q (E)SUN 250 SF VAm �s. .,' (E)L17NG � `r — MA411FXl IAA®] a _ LIANG RM -3.w xrc y� 9 `.` OeW aAo,er mWwAmx ♦ . A -� e - ROG YCM1]I MAH119fE1'IQE 41TA16 WAW �' � `r♦r♦./Q. —Wwaiimo Rsan ismoaw[sm smicnsu am urs 2 (E)1—STORY HOUSE Til • r 4/}— I �, — "",." °"'""°"`E"'°ff" 2,077 S.F. ,,. ♦ AREA = NDR S.F. TO �`p9 —TAW AR ua+aman (E) NEIGHBORS HOUSE • + � PACHYSANDRA ROUNDCOVIIt 13NN 0/C FOR DROUD T TOIIRANT sy- : i� —waro. wimd N+wiw rar �. — vammr We 5 ARCHITECTURAL LEGEND (E)GgRAGE`.,♦ •r♦♦` S.F./ I 460 AODl7/ON �ryT Q •�+=+ 460 SF �'1 FLO ♦❑ rm •e 955 S. F. m 6 VICINITY MAP F/> p ARCHITECT SUNS, INC. A �O - - N -RID GE RD 8018 E CIIURM HLVA N50 PASUM CA %W N 8 SITE PLAN,, 7 CONSULTANTS ADDRESS 3372 FALCON RIDGE RD., DIAMOND BAR, CA 91765 ASSEMS NO; 8714008-008, TRI=33205 LOT IR ZOE M. LOT AREA. 7833 SF. + 855 SF. (MONT&SDE MEET) _ 8.788 S.F. FLOOR MEA (E) UNNG FLOOR AREA 2,077 S.F. (E) COVERED SUN ROOM 250 SF. (N) HOUSE ADDIOON 460 SF. (H) TOTAL UNNG AREA 2,787 SF. (E) 2 -CAR GARAGE 460 SF. (N) FRONT PORM 58 S.F. LOT COVERAGE MAX 40%= 3.515 3,515 > 3,305 3,305 / 8,788 =� FAR: 2,787 / 4788 PARKING: 2 -CAR GARAGE ST BAD-. SE SITE PIAN BUILDING HEIGHT. ONE STONY, HEIGHT 16'-16' CONSTRUCTON TYPE TRE V -B OCCUPANCY: R-3 / U SPONIOERED. NO CODE 2013 CRC, CK CYC, CPC, CEG GMC ALONG WIN RE 21113 T-24 ENERGY SfMDARDS THIRD PARTY INSPECTOR TO VERITY THE 4HU N BURRING CODES REQUIREMENTS: RICHARD CAIDOZA, RJC GROUP. BIG (714)-7454102 .]PROJECT SUMMARY ARCHITECTURAL TO TITS / WIDER / CMWLTANTH / SUMMARY / SCOPE OF WORK / GTNDYAL / ABBREVIATIONS LXMD / 511E PUN A-1 EXISTING FLOOR PUN/ ROOF PVN A-2 PRW FLOOR PLM/ ROOF PLAN A-3 EXISTING BURRING D ATIONS A-4 PRGPGSEG BUILDING NEVARRTS INDEX OF DRAWINGS 1. (N) 80 /2 ADOn6N 2 (N) BATH p AMMON F— 466 S.F. 3. (N) FOYER AMMON J C (E) LAUNDRY AMMON S (N) FRONT PONO1: 45 S.F. 6. RELOCATE WASHER AID DRYER 0 (E)LAUNDRY 7. 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WNICUIl RAX¢yAAY RN,Z (WbLR61) - 6Y UA= GASS'A' RO6F — smaa Nn aDsra,xn: BY u xABu•. HEv m RARp u HAW. 3 WN.3 Ml11. ■0(46 WW V W: . 9.Ylf RIAK "m NAM M E-1_7 Cj ' 4 Rw law k CRN16 PNNUX) 9 m NAM MHIKI LL J 5 O11MOM WNRR 9IIX —:> 1 121 i / s a) saE w.Dc suc wunFml,musur cM =I1 Rr OARum smc CO R Im Fpmum 3 (N)SOUTH ELEVATION 1 PROJECT NO :16214 SCOPE OF {IVKK DRAWING NEW BULDNG ELEVATIONS \11 \ 11 1111 11 1111 11 11 PREPARED BY: CH - 0 E DATE: 5/6/17 I2 _ L � f � nA ° 4 b(N)NORTH ELEVATION P„ GP 5 PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL. (909) 839-7030 -FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.2 MEETING DATE: May 23, 2017 CASE/FILE NUMBER: Conditional Use Permit No. PL 2017-29 GENERAL PLAN DESIGNATION: General Commercial (C) ZONING DISTRICT: Regional Commercial (C-3) PROJECT LOCATION: 1155 S. Diamond Bar Blvd. Unit T Diamond Bar, CA 91765 (APN 8717-031-010) PROPERTY OWNER: Diamond Bar Town Center, LLC 6621 E. Pacific Coast Highway #270 Long Beach, CA 90803 APPLICANT: Shijie Chen 618 N. McPherrin Ave. Monterey Park, CA 91754 SUMMARY: The applicant is requesting approval of a Conditional Use Permit (CUP) to operate a chess school within a 675 square -foot space at an existing 39,965 square -foot multi - tenant shopping center. A Conditional Use Permit is required to allow specialized education, training and non -degree schools in the C-3 zone. RECOMMENDATION: Adopt the attached Resolution (Attachment 1) approving Conditional Use Permit No. PL2017-29, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.58, subject to conditions. BACKGROUND: The proposed business is called Wing Chess Academy, and is located at Diamond Bar Town Center located on the west side of Diamond Bar Boulevard, between Grand Avenue and Clear Creek Canyon Drive. The center consists of a 21,759 square foot, two-story multi -tenant commercial building (where Subway is located on the first floor), a 15,360 square foot vacant building (previously Big Lots), and a 2,846 square -foot fast food restaurant (Jack in the Box), totaling 39,965 square feet. Although the vacant building and fast food restaurant are within the same shopping center, they are located on separate parcels. The center was constructed with 198 parking spaces. Wing Chess Academy is located on the second floor of the existing building in a space that was previously a part of Kumon Math and Reading Center. The Firestone building facing Grand Avenue and the multi -tenant commercial building with Waba Grill, Massage Envy, and Sprint, located at the northwest corner of Grand Avenue and Diamond Bar Blvd., are separate properties with dedicated parking, and have reciprocal access with the Diamond Bar Town Center. Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses located adjacent to the subject property: Site Aerial Conditional Use Permit No. PL 2017-29 Page 2 of 7 General Plan Designation Zoning District Land Use General Commercial (C) C-3 General Retail, Restaurant, Office, and Personal Services North General Commercial (C) C-3 Southern California Edison and Big Lots South General Commercial (C) C-3 General Retail, Restaurant, Office, and Personal Services General Retail, Restaurant, Office, and East General Commercial (C) C-3 Personal Services West High Density Residential RM Multi -Family Residential (R H) Site Aerial Conditional Use Permit No. PL 2017-29 Page 2 of 7 Project Site Project Description The applicant is requesting approval to operate a chess school for children ages 6 to 18. The school offers both private (one-on-one) and group classes with a maximum of four students per class. Each class will have a maximum of one instructor. Classes will be offered Monday, Wednesday, Friday, Saturday, and Sunday. Each class session is 30 minutes in duration with one to two hour breaks between each class. There will only be one class session at a time. Proposed Hours of Operation: . .. -. .. .. iv •- I •. __ 10:00-10:30 am 1 10:00-10:30 am 4:30-5:00 pm 6:00-6:30 pm 7:30-8:00 pm 6:00-6:30 pm 7:30-8:00 pm 1 1:00-1: 4:30-5:00 pm , 2:30-3: 6:00-6:30 pm 7:30-8:00 pm 4:30-5:00 pm 7:00-7:30 pm 4:30-5:00 pm 7:00-7:30 pm The applicant is also proposing to have practice tournaments once a month, on Saturday evenings from 6:30 pm to 8:30 pm. The chess school will not be hosting outside competitors at the practice tournaments and will have a maximum of 10 students and one teacher at a time. The intent of the practice tournaments is to prepare the students for outside tournaments. Conditional Use Permit No. PL 2017-29 Page 3 of 7 The proposed space consists of an open area with a reception desk, and classroom area and a bathroom at the rear of the unit. The classroom area consists of four tables, 13 chairs, and seven chessboards. Although there will be a maximum of four students per class, the applicant is proposing four tables with seven chess boards because there are teaching techniques where a student uses more than one chessboard at a time, Proposed Floor Plan ANALYSIS: Review Authority (DBMC Section 22.58) A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety or welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health or general welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In other words, if the owner of the proposed chess school were to close the business, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the chess school without full review and approval by the Planning Commission. Conditional Use Permit No. PL 2017-29 Page 4 of 7 poa Goa a jooABC] CLASSROOM AREA �. n o . o 35' S' 6, 46' Proposed Floor Plan ANALYSIS: Review Authority (DBMC Section 22.58) A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety or welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health or general welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In other words, if the owner of the proposed chess school were to close the business, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the chess school without full review and approval by the Planning Commission. Conditional Use Permit No. PL 2017-29 Page 4 of 7 Required Parking The required number of parking spaces for non -degree schools is one space per 250 square feet of gross floor area plus one space for each employee and shopping centers between 20,000 and 50,000 square feet in size are required to provide one parking space for every 250 square feet of gross floor area. The parking requirements for businesses approved under a CUP (e.g., schools, tutoring, etc.,) are calculated separately. The table below provides a summary of the parking requirements for the shopping center. Diamond Bar Town Center provides 198 off-street parking spaces. The parking required for the current palette of uses minus the proposed chess school is 169 spaces. The proposed chess school requires four spaces. The total off-street parking requirement for the center would thus be 173 spaces, leaving a surplus of 25 spaces. Since there is a surplus of parking spaces, staff does not foresee any parking issues resulting from the proposed use. City's Development Code Parking Requirement Use Sq. Ft. Parking Ratio Parking Required Parking Provided Shopping Center 36,968 1/250 sq. ft. 148 Kumon Math & 1,147 1/200 sq. ft. plus 1 per 11 Reading Center employee Fibo Art School 1,175 1/200 sq. ft. plus 1 per 10 employee Proposed Chess 675 1/200 sq. ft. plus 1 per 4 School employee Total 39,965 173 198 Parking Demand When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, retail, and specialized education uses. The varying uses result in a range of peak business hours and parking demands. The peak parking demand occurs on weekdays from 9 a.m. to 7 p.m. The proposed chess school will have classes Monday, Wednesday and Friday afternoons and evenings, and throughout the day on Saturday and Sunday. In addition, by breaking up the start times of each class into intervals of one to two hours, the overlap of students being driven to classes and leaving from classes at the same time is avoided. Based on the business proposal, the chess school will need a maximum of five parking spaces for four students and one instructor. Because class times are staggered by one to two hours, staff does not foresee an overlap between students being dropped off and picked up. During this transition, assuming all other businesses are experiencing peak Conditional Use Permit No. PL 2017-29 Page 5 of 7 operations (a highly unlikely scenario) the center's parking demand could reach 192 spaces. Since 198 parking spaces are available, there would still be a surplus of six spaces under this scenario. The table below provides a summary of the worst case scenario parking demand for the shopping center during regular class times. Worst -Case Parking Demand During Regular Class Times Additionally, staff does not foresee any parking concerns during practice tournaments since they are only held once a month on Saturday evenings and half of the businesses in the shopping center are closed on the weekends. Compatibility with Neighborhood Diamond Bar Town Center has a variety of uses, including restaurants, professional offices, personal services, and other retail uses. In addition, there is an existing tutoring center and an art school, which are compatible with the proposed chess school by providing after-school educational opportunities for local children. Given the proposed hours of operation, the availability of parking, and types of adjoining uses, it is reasonable to conclude that the proposed chess school will be compatible with the other uses in the center. Additional Review The Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On May 10, 2017, public hearing notices were mailed to property owners within a 700 - foot radius of the project site. On May 12, 2017, the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers; the project site was posted with a notice display board; and a copy of the public notice was posted at the City's three designated community posting sites. Conditional Use Permit No. PL 2017-29 Page 6 of 7 Parking Demand Parking Required Parking Provided Use Sq. Ft. Shopping Centers 36,968 Per Development 148 Code Requirements Kumon Math & 1,147 6 (1/200 sq. ft.) 11 Reading Center 5 (staff) Fibo Art School 1,175 24 (students) 28 4 (staff) Proposed Chess 675 4 (students) 5 School 1 (staff) Total 39,965 192 198 Additionally, staff does not foresee any parking concerns during practice tournaments since they are only held once a month on Saturday evenings and half of the businesses in the shopping center are closed on the weekends. Compatibility with Neighborhood Diamond Bar Town Center has a variety of uses, including restaurants, professional offices, personal services, and other retail uses. In addition, there is an existing tutoring center and an art school, which are compatible with the proposed chess school by providing after-school educational opportunities for local children. Given the proposed hours of operation, the availability of parking, and types of adjoining uses, it is reasonable to conclude that the proposed chess school will be compatible with the other uses in the center. Additional Review The Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On May 10, 2017, public hearing notices were mailed to property owners within a 700 - foot radius of the project site. On May 12, 2017, the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers; the project site was posted with a notice display board; and a copy of the public notice was posted at the City's three designated community posting sites. Conditional Use Permit No. PL 2017-29 Page 6 of 7 ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. Prepared by: Natali T Esp' za Assistant Pla r Attachments: Reviewed by: Grace . Lee Senior Planner Draft Resolution No. 2017 -XX and Conditions of Approval Site Plan and Floor Plan Conditional Use Permit No. PL 2017-29 Page 7 of 7 PLANNING COMMISSION RESOLUTION NO. 2017 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2017-29, TO OPERATE A 675 SQUARE -FOOT CHESS SCHOOL WITHIN A 39,965 SQUARE -FOOT MULTI -TENANT SHOPPING CENTER LOCATED AT 1155 SOUTH DIAMOND BAR BOULEVARD, UNIT T, DIAMOND BAR, CA (APN 8717-031-010). A. RECITALS 1. Property owner, Diamond Bar Town Center LLC, and applicant, Shijie Chen, have filed an application for Conditional Use Permit No. PL 2017-29 to operate a 675 square -foot chess school located within an existing shopping center. The project site is more specifically described as 1155 S. Diamond Bar Blvd., Unit T, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Conditional Use Permit shall collectively be referred to as the "Project" or "Proposed Use." 2. The subject property is comprised of a 1.24 gross acre parcel. It is located in the Regional Commercial (C-3) zone with a General Plan land use designation of General Commercial. 3. The Assessor's Parcel Number is 8717-031-010. 4. On May 12, 2017, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. On May 10, 2017, public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and posted at the City's designated community posting sites. 5. On May 23, 2017, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findings (DBMC Section 22.58) 1. The Proposed Use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. Pursuant to DBMC Section 22.10.030, Table 2-6, a non -degree school is permitted in the C-3 zoning district with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed use will be compatible with neighboring uses in the shopping center and surrounding neighborhood. 2. The Proposed Use is consistent with the general plan and any applicable specific plan. The Proposed Use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses') in that the proposed chess school meets Strategy 1.3.3 because the proposed chess school provides services to Diamond Bar residents. The Project site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity. The Proposed Use is located within a multi -tenant shopping centeroccupied by retail stores, restaurants, personal service uses, tutoring center and art school. The existing gross floor area of the shopping center requires 148 parking spaces, the existing tutoring center requires 11 parking spaces, the existing art studio requires 10, and the proposed chess school requires 4 parking spaces based on Development Code requirements. There are 198 off-street parking spaces located at the existing project site, which will thus 2 Planning Commission Resolution No. 2017 -XX exceed the requirement by providing a technical surplus of 25 parking spaces. The varying uses result in a range of peak business hours and parking demands. Assuming that the instructor and each student arrives in a separate vehicle, the proposed use could potentially generate a demand for five parking spaces. In addition, class times are spaced between one to two hour gaps to limit the demand for parking spaces during the chess school's operating hours. Therefore, staff does not foresee any parking issues at the site. As such, the operational characteristics and parking demands anticipated to be associated with the Proposed Use are compatible with the existing uses within the center. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with the other uses within the shopping center. 4. The subject site is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The Project site is located within an existing shopping center that currently has similar uses, such as a tutoring center and an art school. The Proposed Use is physically suitable with the subject site because it will be located in an existing building and no additional square footage is being proposed. In addition, the proposed use is intended to operate within an existing shopping center and will be using existing access and parking in the center. 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Prior to the issuance of any city permits, the Project is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The proposed Project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. 3 Planning Commission Resolution No. 2017 -XX D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2017-29 subject to the following conditions: 1. This approval is for the establishment and continued operation of a chess school as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2017-29 dated May 23, 2017, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use." 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This Conditional Use Permit shall be valid only for 1155 S. Diamond Bar Blvd., Unit T, as depicted on the approved plans on file with the Planning Division. If the proposed use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. If, at any time, the City finds that the Use is the cause of a parking deficiency or other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. 5. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission and/or City Council. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Diamond Bar Town Center, LLC, 6621 E. Pacific Coast Highway #270, Long Beach, CA 90803; and applicant, Shijie Chen, 618 N. McPherrin Ave., Monterey Park, CA 91754. 4 Planning Commission Resolution No. 2017 -XX APPROVED AND ADOPTED THIS 231d DAY OF MAY, 2017, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 0 Raymond Wolfe, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 23rd day of May, 2017, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 Planning Commission Resolution No. 2017 -XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2017-29 SUBJECT: To operate a 675 square -foot chess school within a 39,965 square -foot multi -tenant shopping center. PROPERTY Diamond Bar Town Center, LLC OWNER(S): 6621 E. Pacific Coast Highway #270 Long Beach, CA 90803 APPLICANTS: Shijie Chen 618 N. McPherrin Ave. Monterey Park, CA 91754 LOCATION: 1155 S. Diamond Bar Blvd., Unit T, 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 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. PL 2017-29 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. 6 Planning Commission Resolution No. 2017 -XX (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. PL 2017-29 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. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) 7 Planning Commission Resolution No. 2017 -XX at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. Ih41:41hrtlN&I 1. The approval of Conditional Use Permit No. PL2017-29 shall expire within one (1) year from the date of approval if the use has not been exercised as defined per DBMC 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. No construction is considered under this permit application. 2. The maximum students at a time shall be no more than 10, plus one instructor. 3. The applicant is responsible for readily achievable ADA upgrades required by Federal law. END 8 Planning Commission Resolution No. 2017 -XX i F Attachment 2 RECEIVED TYPE OF USE Sq.FT. PARKING RATIO SPACES REQUIRED PARKING SPACES Shopping Center 36,9611 11200 sq.R. 748 Kumon Malh&Reading Center 1,147 1/200 sq.fl. plus? per employee 11 Fibo Ad Shool 1,175 1/200 sq.ft. plus 1 per employee 10 Proposed Chess Tutoring 675 11200 sq.1t. plus 1 per employee 4 TOTAL 39;965 173 198 1.11 —U. 121. �10 1.6,soslala•zsw ,.:Ic1Bu6o-.aa 190' 275'195, y 12 2017 M _ I]B 1]9. IN 161 I6R Ila IM I&5 166 IB] 169 199 190 191'. 192, 193 19< 193 196 197 T98 I I I I I CITY 0 DIAMOND BAR I I I I I ® I I 1 I I I 7056 sq.fl. I I _ I _ I 1155 S DIAMOND BAR BLVD I I I I � I WI WR WJ 6a. W5 UJ6 OWN9 W9� OIB 1)11 IU 011 BII 015 (1116 BI] 01 01019020 I 1 I L11 I I � � 4c — Q !I1 ll I � I I ', .. 1(11) - tls - 011 0u 0i3 024 Bzs - OP aJ %{ .5I@ a9 i M 016 -101 a6 a9 0J1 OJ] � 101 NS p50 i Mt 0R an as ass I an B9B jme 1655 DIAMON aJ osx 1 869 neo Iran, BAR BLVD BV Nal Oel IWe 10] 116 IR1 104 125 119 105 124 IR9 IB6 m tJB IBS i� - im 1W Izl 11395 DIAMOND BAR BLVD BIG LOTS Key Pl an sssoW.,orvosutelvo' NmeS F4` I � me 0R9 Jack in the box B${ I oa> 02 (ass 2846 sq.fl. B6B ON IW{ Ice IRo 110 119 15360 sq.fl. _ tirovraF.u{ I t 16960 sq.fl. -- Ws019® W1 No9w 056 I W6 004 JIM OSJ �—OB4 095 10Y! 04,® --856 r Op 008 E9I 059 W2 M] 090 111 IIB 111 11] H] ,IB 11112 11{ 115 I ex"0.150Jfi. IJ 0.1J. 0Y. N9 000 WI an we I 1 Ifl) I I I 1 N I10'N1 IIR 1A 1M 145 196 14] 199.1119' 150 151 152 I5J IS{ IS{. 156 IS] 159.159 IJI IJS. -1 IJI. IN I150, IW 1611 I6R 1W IaI 1G5 166116` 160 169. 1]0 III 111 c VVINO CHESS IJI. 111 115 1]fi 1]] � I 177' { 11`55 S DIAMOND BAR BLVD WALNDT 6 S DIAMOND BAR BLVD OA91765 SITE PLAN SITE PLAN a,e 0540-2617 om-9 0. =Ics2°=+' Scale: 321"=1' A-1.1 er nb. Fi mtt.m.: TYPE OF USE Sq.FT. PARKING RATIO SPACES REQUIRED PROVIDED Shopping Center 36,9611 11200 sq.R. 748 Kumon Malh&Reading Center 1,147 1/200 sq.fl. plus? per employee 11 Fibo Ad Shool 1,175 1/200 sq.ft. plus 1 per employee 10 Proposed Chess Tutoring 675 11200 sq.1t. plus 1 per employee 4 TOTAL 39;965 173 198 IJI. 111 115 1]fi 1]] � I 6 0 1031SF UP P 680SF Q 675SF R 900SF S 747SF ,T� 675SF j 130'-6" 39'-2" HALLWAY 6' 106' 20'-4" 6' 142'-6" ED TECH No GG LC IIINTTESCSSIIIS 5'-2„ 9,-6„ a EXIT BA ROO N K Second Floor Scale: 16/1"=1' ® ® ' a. v 249' ®® _. a NON„ w KT,,Plan „]CA9t]BS 212' _ 3T ® ® ® ® CLASSROOM 10OF —ANDAONOTSE-TERE0. 6C�= Oo aoo.NN.aN> .A�aucroEnrE sa..W. A B C D E F G H I J K L M N 1010 SF 945SF 945SF 1260SF 1260SF 1205SF 976SF 945SF 1260SF 945SF 945SF 1575SF 1255SF 1400SF `WING r ] (� CHESS UP ENTER °1"°" L 1155 S DIAMOND BAR BLVD HALLWAY WALNUT Cq 9t]65 C� j t� PARKING oFLOOR . .. ...... .. .. % .... ...... ..777k:\'� PLAN UnitT Floor Plan 3cale:411"=1' ,.: os-as-zon g Ground Floor w e- Scale: 16/1"=1' A-21 I.C. ".— 0 1031SF UP P 680SF Q 675SF R 900SF S 747SF ,T� 675SF j U 1125SF HALLWAY 6' 106' 20'-4" 6' 142'-6" z Z W Q IL LUm 0z 0� Q0 Fn J W LL 0 ui U Z 0 0 Z W U5; c�a(nw ZLL, (na z<z2> Q=ao~V z S��WZ;o U�ZZZU ma�Z�� 0<m m¢U it z u u u u S 11 aUCLU aXQa QU O z w w J r U` Ud r` c c c o 0 _ 0 _ 0 _ - m r m E m E m E E U� a = a 0 O N m z - _ c E c c o o � o - wo U N O va� � o m w U ` aci aci d aci (� (\p N C N N N m E m X E m E E a a aE a U O U G G m G v 8 R oCL E CL N N m O Q j n Nm O O w L L li ~ F F F F z z Z Z Q 4: Z Z z a V o c o ap N r r N(O r co O O (O cr N N d N J J d a a J U O LL N a a LL a a a a a Oa N� v a D a o w v v ¢- a O U o D a aW o a C7 N B m C m T QO O O m mIt m U U m W CO F- O a m D J J E E N h m e m N G N mg O rnd -0 mo 0mj .'fE E �mm a oo LL D ° �m Zm W '0O0•- rn°� z md m ZO J m0 mN ON m a W K Q zMJ NN. N W eC) zC_N3m Z W U5; c�a(nw ZLL, (na z<z2> Q=ao~V z S��WZ;o U�ZZZU ma�Z�� 0<m m¢U it z u u u u S 11 aUCLU aXQa QU O z w w J 7. N a C C D C C C m O O (6 E W O - l0 O _ O - m O - .� E o E m Eo Em E m E E E `c- a c c o w c m C G C C C O C C C m C m m o m O O O O O - a f0 a `o IS a a w m m m m ym oa o 0 0 o m � m c mm m c m I n I 3 I 3 3 I 3 n n O N n M V I N V M cf1 V G C C C C C C C C C N N N N O N U1 N N N N N N N N N N N N N N U U N N N N N N N t; m d � E E E E`m E E E E E E `m 0 0 0 0 -D o 0 o O O o m m m (cp (J @ N d Q m JT O a k > F 'O E m L O ( C > c > U N U N m U U) K > c%) S > 2 U) Q a- LL Q CL Z Z Z h h H Z H H Z Q FW- FW- IW- IW- z z z z z z z z z M 7 V 't V c0 O to r N n r ri r 0O r O r n J f� N N N O N J O N N J �' J ° J n a N m d N a aa N a aIL a C)s a a a IL mV Dof U Elf �O ~ U m U U U U U U 0 C N C N C U1 C N C U1 C N s N N N N N N .E .E d 0 N O U" N p N N N N laf 0 @_ m two N m C C L m-�- N c N- c'E U E - y y i o me c /i c OC 5y Fyc m FOdm �=U .RUV WI_ JO p '� O M.O O`em 00 0o m W Oc .0 U] N ow J d 6. K a a, N z O N O N O O .N U) N N (n O y N o m M o -p n c O 'm 3 m m M' M =a O 3 �0 3 M 3 N �6 rn 3 0 TD z O cD U M- a M O m -p to m Z CO 'O of � M p c0 m Z n m Z O m Z N� c0 m Z 3 a 0_ N N N: N: N N¢ N¢ N¢ N N N N¢ N i CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, Stella Marquez, declare as follows: On May 23, 2017, the Diamond Bar Planning Commission will hold a Regular Meeting at 7:00 p.m. at City Hall, Windmill Community Room, 21810 Copley Drive, Diamond Bar, California. I am employed by the City of Diamond Bar. On May 19, 2017, a copy of the Planning Commission Agenda was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 21800 Copley Drive 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 May 19, 2017, at Diamond Bar, California. S �ella M`iuez Community Development ept. CD:\zstel la\affidav itposting. doc Gary Busteed n o 20850 Gold Run Drive Diamond Bar, CA. 91765 G-3 abusteed @yahoo.com 1 May 24, 2017 r� Community Development Director Greg Gubman 21810 Copley Drive Diamond Bar, CA. 91765 RE: Crooked Creek Development Proposal, Agenda Item 7.1, Planning Commission Hear on April 25, 2017. Mr. Gubman and Planning Commissioners, I appreciate the opportunity to provide comments regarding the proposed development on Crooked Creek Drive. I am a resident that abuts the property in the proposal. I understand the Board's decision that the CEQA Mitigated Negative Declaration was extended to give the developer (Cathay View Development LLC) an opportunity to conduct additional analyses and surveys for revision of their proposal. However, will the Commission be considering any additional CEQA analysis for any redesigns and grading plans that are changing conditions that were not previously analyzed under the previous CEQA authorization? I have also reviewed the previous Initial Study and Mitigated Negative Declaration as well as a letter written to Mrs. Grace Lee (Diamond Bar City Plannner) on January 30, 2017, from Cathay View LLC. Below are my questions and comments for your consideration. The letter to Mrs Lee brought up several items that are new conditions, which when submitted by Cathay View LLC, need to be evaluated under CEQA. Will residents have an opportunity to comment on the subsequent CEQA document? Below are some items noted in the January 30, 2017 letter: Topography in previous MND was incorrect, resulting in an error of 20ft. o Visual Impacts - Higher retaining walls are needed as well as higher housing pads. These will have additional visual impacts. My residence in particular is already significantly impacted from the existing proposal, additional elevational changes will impair my views. See attached figures 1-3 from the MND and existing photos from my residence on Gold Run Drive. I currently have a view of the open space and oak woodlands on the hillside, the approved project proposal and the subsequent revisions would result in my view of only a retaining wall 5-10 feet from my yard. Future residents would also have a view into my yard and home. As an impacted homeowner, I would like to review the updated preferred option and other alternatives under a subsequent EIR due the visual impacts from a revised proposal. • Geotechnical Evaluation o Landslide Risk — risk to existing residents not previously described. Were these hazards to existing residents disclosed and described in the previous Initial Study? Would these homes, if impacted from soil instability result in potential damage or risk to existing homes below? The retaining walls as proposed in the existing proposal are only several feet away from existing properties. Similar use of retaining walls utilized in more recent developments in the City of Diamond Bar (condos near Target Center, and Site D development) are not situated this close to existing residents. o Green House Gas Emissions and Air quality (Dust) -- Removal of "existing non - competent soil". The depth and quantity of soil removal and the estimated number of truck trips would have to be described in the CEQA document. This changing condition and level of effort to remove and transport topsoil would have a significant increase in dust and Green House Gas emissions and would need to be considered under today's existing CEQA requirements. o Traffic Study - Truck trips would also need to be considered in terms of traffic impacts to local residents. Also, as of 2013, traffic analysis requirements have changed as a result of S6743. Any new CEQA analysis will have to take these guidelines under consideration: http://la streetsblog-orp/wp- content/uploads/sites/2/2014/08/Final Preliminary Discussion Draft of Updates Imp lementing SB 743 080614.pdf o The existing road on Crooked Creek is also narrow and not designed for heavy truck traffic. What are the impacts of this activity, and what are the remedies to minimize or mitigate impacts to the existing road along Crooked Creek, Gold Run Drive, and other residential streets. Changing conditions since the previous habitat surveys were conducted. • Biological Resources: In Table ES -1 Mitigation Measure #6 — requires surveys to be redone if after April 3, 2007. This proposal should also take in consideration the changing conditions in the proponent's proposal from what was previously approved and analyzed in the 2007 MND. If the results of the surveys and existing information since 2007 indicate significant impacts to sensitive biological resources and/or species then a subsequent EIR should be conducted on the portions of the project that have changed since the approved MND. Since 2007 there are identified resources that exist in the vicinity of the proposed project, as seen in the California Natural Diversity Database, and have been surveyed for recently by Southern California Edison in compliance with the Tehachapi Renewable Transmission Project 500kV Transmission Line: o Federally Endangered Least Bells Vireo have been recently documented in the riparian area. o Federally Threatened Coastal California Gnatcatcher- California Gnatcatcher–the project proposal is contiguous natural habitat to existing populations of these species. There is also patches of Coastal Sage Scrub on the property. o California Species of Special Concern ■ Western Pond Turtle (found in Riparian Area) ■ Yellow Warbler (found in Riparian Area) ■ San Diego Desert Woodrat (found in the middens primarily around base of walnut shrubs and trees) ■ Intermediate mariposa lily Analysis of alternatives under CEQA's EIR. Since the original proposal to the City of Diamond Bar in 2003-2004, the applicant has made changes to the original proposal based on the outcome of technical studies. Again, in 2016, the project proponent is making proposed changes to the tract map based on the results of technical studies, namely Geotechnical Studies. The Initial Study and the MND are not required to evaluate alternatives to the preferred project proposal, however there have been iterative proposals from the developer for the proposed project. There are also sensitive biological resources as noted in my comments above. Would it not be in the best interest of the City of Diamond Bar and its residents to evaluate alternatives as required in an EIR to adequately assess the environmental impacts and alternatives of this development proposal? I am not advocating a rejection of the proponent's project, however, I think it is in the best interest of the environment and the residents of Diamond Bar to evaluate the project and alternatives as required in a full subsequent EIR. Initial Study and MND In addition, I have made several notes in my review of Table ES -1 in the previously approved IS -MND. I also submit these for Commission's consideration for future CEQA analysis on the proponent's proposal. TABLE ES -1 Aesthetics • The Project Proponent's Mitigation 1 is insufficient for the public to assess whether the grading proposal—since it is being submitted after CEQA approval—is significant and whether the proposed landscaping plan will be mitigated by the General Plan's Programmatic mitigation measures: o Development in hillside areas should be compatible with surrounding natural areas. ■ Significant topography exists in this area with mature oak woodlands. It is not clear based on the amended proposal what those impacts would be. However, we do know there will be significant grading and retaining wall requirements. o Designed to respect the views of existing development... Recreation The MND makes mention of potential trail head and access to open space. However, this is not a requirement in the MND or subsequent considerations. What is the proponent providing as mitigation for recreation? A bond or fee is going to be collected to build a trailhead, but what is the proposed mitigation so that we can hold the developer and Diamond Bar accountable for the implementation? Again, thank you for the opportunity to provide comments for your consideration, I look forward to the opportunity for further thoughtful input into the options for Cathay View LLC's development proposal. Sincerely, Gary Busteed 20850 Gold Run Drive Diamond Bar, CA. Gary.busteed@gmail.com JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 - City of Diamond Bar initial Study — Project Description Figure 2-3 (1 of 2) VESTING TENTATIVE TRACT MAP NO. 54081 AND CROSS SECTIONS Source: Jewel Ridge. LLC July 2006 Page 2-5 Figure 1. My home is at 20850 Gold Run Drive. The highlighted area is where my house is located. Figure 3. Recent photo taken from home at 20850 Gold Run Drive. A retaining wall will be located several feet from my property line. Ali' t If 1 f Lor to/ ` t AWT 29Cs , SEC77F- Iffmi r Lar /5 MY gid" r FAQ SWRWIM *f7A %%'C fclAU Figure 2. This is what the retaining wall will look like from my house.