PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 7.3
MEETING DATE: September 13, 2022
CASE/FILE NUMBER: Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07
PROJECT LOCATION: 2020 S. Brea Canyon Road
GENERAL PLAN DESIGNATION: General Commercial
ZONING DISTRICT: Community Commercial (C-2)
PROPERTY OWNER: Nathaniel E. Williams, Metro Properties LLC APPLICANT: Sarah Bova, Thienes Engineering, Inc.
SUMMARY:
The applicant is requesting approval to subdivide an existing 2.09-acre commercial property into two separate parcels within the Plaza Diamond Bar commercial center.
No new construction is proposed, and there will be no physical changes to the buildings or property. The following entitlements are requested: (1) Tentative Parcel Map No. 83708 to subdivide an existing commercial property into two separate parcels; and (2) Parking Permit to share driveway access and parking between the newly created properties and within Plaza Diamond Bar. The subject property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial (C).
RECOMMENDATION:
Staff recommends that the Planning Commission recommend to the City Council approval of Tentative Parcel Map and Parking Permit No. PL2022-07, based on the CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07
findings of fact, and subject to the conditions of approval as listed within the draft resolution.
Background
The project site is a 2.09-acre existing commercial property located on the northeast corner of Brea Canyon Road and Pathfinder Road. The commercial center was built under Los Angeles County standards in 1981. The property consists of a 24,896 square-foot, two-story professional office building facing Pathfinder Road and a 9,283 square-foot, one-story inline commercial building consisting of a restaurant, retail, tutoring school, hair salon, and professional offices. The commercial properties to the north located within Plaza Diamond Bar are under separate ownership from the project site, and is not part of this proposed subdivision map.
The property is legally described as Lot 1 of Parcel Map No. 13071, and the Assessor’s Parcel Number (APN) is 8765-01-007.
Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses located adjacent to the subject property:
General Plan
Designation Zoning District Land Use
Site General
Commercial C-2
Commercial Center
Consisting of Professional
Offices, Retail, Restaurant,
Afterschool Tutoring
North General Commercial C-2 Professional Offices
South Open Space RL Undeveloped Area
East N/A N/A SR-57 Freeway
West Office C-1
Commercial Center
Consisting of Professional
Offices
Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07
Palomino
Palomino
Site Aerial
N
Project
Location
SR60
Diamond Bar Blvd.
Pathfinder Road
Brea Canyon Road
SR57
Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07
View From Pathfinder Road View from Brea Canyon
Road
Project Description
The applicant proposes to subdivide the commercial center into two separate parcels to allow each parcel to be sold off and separately owned. No new construction is proposed, and there will be no physical changes to the buildings or property. The applicant is also requesting a parking permit to share driveway access and parking between the newly created properties and within Plaza Diamond Bar.
The proposed subdivision will result in two separate parcels as listed below:
Proposed Parcel Current Use Building Size Proposed Lot Size Parcel 1 Professional
Offices
24,896 sq. ft. 50,747 sq. ft.
Parcel 2 Inline Shops 9,283 sq. ft. 40,336 sq. ft.
Existing Lot 91,083 sq. ft.
(2.09 acres)
Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07
Proposed Tentative Parcel Map
Plaza Diamond Bar currently has 269 parking spaces on-site and has an existing agreement within the four commercial properties to share parking and all driveways and access. Prior to recording the final map, this agreement would need to be amended to ensure that reciprocal access and parking rights and privileges are also retained among the newly created parcels. See Condition of Approval No. 7 under Tentative Parcel Map of the Draft Resolution (Attachment 1).
The center also has an existing maintenance agreement with the commercial properties within the center. This agreement would likewise need to be amended prior to final map recordation.
ANALYSIS:
Review Authority (Diamond Bar Municipal Code Sections 21.20.080 and 22.30.050) The proposed project requires two entitlement applications for review. The Tentative Parcel Map for the subdivision of land requires City Council approval, and the Parking Permit to share parking and driveway access requires Planning Commission approval.
Section 22.48.030 of the Development Code requires all applications to be processed simultaneously by the highest review authority. Therefore, the Planning Commission’s role in this matter is to forward a recommendation to the City Council for two entitlements described below:
N
Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07
1. Tentative Parcel Map: Pursuant to Section 66424 of the Subdivision Map Act, a Tentative Parcel Map is required for the subdivision of any units/parcels of improved land for the purpose of sale, lease or financing.
The existing commercial property is proposed to be subdivided into two separate parcels. These properties will be governed by a property owners association/ property maintenance agreement. There are 269 parking spaces on-site to share within the existing Plaza Diamond Bar commercial center. The existing buildings comply with all required setbacks and development code regulations. The creation of new parcels meets the minimum lot size requirement and is in compliance with the required setbacks and floor area ratio. A property maintenance agreement to govern the two proposed parcels will be subject to review and approval by the City Attorney prior to final map approval. See Condition of Approval No. 5 under Tentative Parcel Map of the Draft Resolution (Attachment 1).
2. Parking Permit: Pursuant to Section 22.30.050 of the Development Code, where two or more commercial uses are developed as a recognized commercial center and those uses have distinct and differing peak parking usage periods, a reduction in the required number of parking spaces may be allowed through the approval of a parking permit, provided that the most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction may be up to the number of spaces required for the least intensive of the two or more uses sharing the parking.
Plaza Diamond Bar provides 269 off-street parking spaces. Staff required a parking study (Attachment 3) to analyze the parking demand for all five buildings and uses on-site that provides parking demand calculations based on parking survey observations and the Institute of Transportation Engineers (ITE) Parking Generation Rates (4th Edition) signed by a licensed traffic engineer. Based on the parking survey, the commercial center has a surplus parking of 191 spaces, and there are adequate surplus parking spaces during the peak time which is adequate to accommodate the parking demand of all buildings.
A draft reciprocal parking and access agreement governing the proposed two parcels for the use and access of all common roads, driveways, parking, and easement areas will be reviewed and approved by the Planning Division and City Attorney’s Office prior to final map approval. See Condition of Approval No. 6 under Tentative Parcel Map of the Draft Resolution (Attachment 1).
Compatibility with Neighborhood
There are existing professional offices to the north and west of the project site. All existing buildings and uses within the project site will remain and no new construction will take place.
Additional Review
Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07
The Public Works/Engineering Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval.
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners within a 500-foot radius of the project site on August 30, 2022, and the notice was published in the San Gabriel Valley Tribune newspaper on September 2, 2022. The project site was posted with a notice display board, and a copy of the public notice was posted at the City’s designated community posting sites.
Public Comments Received
At the time the staff report was published, staff had not received any comments from the public.
ENVIRONMENTAL ASSESSMENT:
The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under 15301(k) (subdivision of existing commercial buildings, where no physical changes occur) of the CEQA Guidelines. No further environmental review is required.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft PC Resolution No. 2022-XX and Conditions of Approval B. Proposed Tentative Parcel Map No. 83708
C. Parking Study Dated November 8, 2021
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 13, 2022
Consistent with State Assembly Bill 361, members of the Planning Commission were present or participate telephonically. Members of the public were encouraged to participate and address the Planning Commission during the public comment portion of the meeting either in person or via teleconference and for those wishing to attend the meeting in person, face coverings were recommended.
CALL TO ORDER:
Chair/Wolfe called the meeting to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE: Chairman Wolfe led the Pledge of Allegiance.
1. ROLL CALL:
Commissioners present: Naila Barlas, Mahendra Garg (telephonically); William Rawlings (telephonically); Vice-Chairperson Kenneth
Mok, and Chairperson Raymond Wolfe
Staff Present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior
Planner; Mayuko (May) Nakajima, Associate Planner; Dat
Tran, Associate Planner; Stella Marquez, Administrative Coordinator.
2. APPROVAL OF AGENDA: As presented
3. PUBLIC COMMENTS: None Offered.
4. CONSENT CALENDAR:
4.1 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State Open Meeting Laws.
4.2 Minutes of the Planning Commission Special Meeting of July 27, 2022.
4.3 Minutes of the Planning Commission Regular Meeting of August 23, 2022.
VC/Mok, C/ Barlas seconded, to approve Consent Calendar. Motion carried by the following Roll Call vote with C/Rawlings abstaining on Items 4.2 and C/Garg unable to respond due to his inability to hear the proceedings. ________________________________________________________________________ SEPTEMBER 13, 2022 2 PLANNING COMMISSION
_______________________________________________________________________ AYES: COMMISSIONERS: Barlas, VC/Mok, Rawlings,
Chair/Wolfe
NOES: COMMISSIONERS: None
ABSTAINED: COMMISSIONERS: Rawlings (Item 4.2)
ABSENT: COMMISSIONERS: Garg
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARING(S):
7.1 Extension of Time for Development Review No. PL2018-100 – Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant and property owner requested a one-year time extension for Development Review No. PL2018-100. The project consists of the demolition of an existing 1,562 square foot residence to facilitate the construction of a 2,527 square foot single family residence with an 821 square foot garage and 782 square feet of patio/porch/balcony area on a 27,034 square foot site. The project was approved on April 28, 2020, and was set to expire on April 27, 2022. An Extension of Time may be granted up to a maximum of one year from the expiration date. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low Density Residential.
PROJECT ADDRESS: 340 Fern Place
Diamond Bar, CA 91765
APPLICANT: Bao Pham
BPD Engineering
13902 Harbor Boulevard, Unit #2A
Garden Grove, CA 92843
PROPERTY OWNER: Alan Lim
340 Fern Place
Diamond Bar, CA 91765
AP/Dat presented staff’s report and clarified an error in the staff report and resolution.
AP/Dat stated that the correct square footage of the original Development Review approval was 2,658 square feet of livable space (instead of 2,527 square feet) and 1,008 square feet of patio/porch/balcony area (instead of 782 square feet).
AP/Dat recommended that the Planning Commission approve the Extension of Time for Development Review No. PL2018-100, based on the Findings of Fact, and subject ________________________________________________________________________ SEPTEMBER 13, 2022 3 PLANNING COMMISSION
_______________________________________________________________________ to the Conditions of Approval as listed within the revised Resolution, with the new square footage noted.
VC/Mok asked for a summary of activities relating to the time extension request since expiration.
AP/Dat responded that the applicant has been working with staff to resolve remaining issues with grading and building permits, while working with staff to process the time extension request. The grading permits will require additional staff review, but the building permits are completed and pending approval of the time extension.
C/Garg asked if the one-year time extension will allow the applicant to start construction.
AP/Dat responded that the owner intends to start construction as soon as possible and has indicated intent complete the project within 9-month period following approval of the time extension.
C/Barlas asked if the approval date of the time extension begins on the date of the application.
AP/Dat explained that the time extension would be retroactively dated to April 2022, and that the original approval (Development Review PL2018-100) would again expire in April 2023.
Chair/Wolfe opened the public hearing.
AC/Marquez read a letter received from a resident, Tarek Elsharhawy, regarding this item, a copy of which was provided to Commissioners. Chair/Wolfe stated that the letter requesting the applicant be admonished to provide certain information was not within the purview or authority of the Commission and asked that the other Commissioners proceed only with authorities vested with the Commission.
Chair/Wolfe closed the public hearing.
C/Garg asked if the applicant was allowed to apply for additional time extensions in the future.
CDD/Gubman responded that staff would need to check the Diamond Bar Municipal Code to see whether one or two additional time extensions could be granted for the project. CDD/Gubman explained that they would be allowed to request at minimum one additional time extension. CDD/Gubman also explained that if the applicant received approval of building permit plans and began construction of the project, additional time extensions would not be required.
________________________________________________________________________ SEPTEMBER 13, 2022 4 PLANNING COMMISSION
_______________________________________________________________________ C/Rawlings moved, C/Garg seconded, to approve the Extension of Time for Development Review No. PL2018-100, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the revised Resolution.
VC/Mok re-emphasized that the City’s responsibility is in reviewing the time extension request and not to investigate the financial health of owners.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok,
Chair/Wolfe
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Development Review and Minor Conditional Use Permit No. PL2022-23 – Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property owner requested Development Review approval to construct the following improvements to an existing 1,698 square-foot, one-story single-family residence;
● A 970 square-foot, second-story addition with an 18 square-foot balcony; ● A 50 square-foot front porch;
● Conversion of the 450 square-foot garage into a Junior Accessory Dwelling Unit (JADU); and
● A comprehensive remodel of the interior and exterior of the residence in conjunction with the new construction.
A Minor Conditional Use Permit was concurrently requested to allow the continuation of the following non-conforming development features:
• 3’-6” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side is required);
• 8’-6” and 8’-11” distances between adjoining structures (where 15 feet is required); and
• A 10’-6” rear setback (where 20 feet is required).
PROJECT ADDRESS: 20948 Moonlake Street
Diamond Bar, CA 91789
APPLICANT: Efrain Coronado
151 S. 9th Avenue #A
City of Industry, CA 91746
________________________________________________________________________ SEPTEMBER 13, 2022 5 PLANNING COMMISSION
_______________________________________________________________________ PROPERTY OWNER: Javier Mendoza
20948 Moonlake Street
Diamond Bar, CA 91789
AP/Nakajima presented staff’s report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit Planning Case No. PL2022-23, based on the Findings of Fact, and subject to the Conditions of Approval within the Resolution.
Chair/Wolfe opened the public hearing.
Richard Sanchez, the neighbor to the west of the project, said he was concerned about privacy.
CDD/Gubman explained that the windows on the first floor would be obscured by landscaping and the second-floor plan calls for the small window on the second story to be stepped in 20 feet back from the wall facing the neighbor.
AP/Nakajima added that the second-floor window on the second-floor west elevation is a smaller window, but could be changed to a rectangular, transom-style if it would alleviate the neighbor’s concern.
The applicant explained that the second story window will be installed high up to provide lighting for the second story stairwell only and does not offer visibility into or out of personal space.
Stephen Saiz, neighbor to the east of the project, explained that the issue of the second story window was discussed with the applicant and staff, and was resolved to his satisfaction. His main concern was that any remaining asbestos would be mitigated during construction so as not to affect the neighbors.
VC/Mok complimented Mr. Saiz and the applicant for reaching concurrence amicably.
Chair/Wolfe closed the public hearing.
AP/Nakajima responded to C/Barlas that asbestos remediation is a Building and Safety condition and the applicant will need to contact AQMD to make certain they obtain the proper clearance before any work is done. Page 13, Condition 11 states that AQMD notification is required at least 10 days prior to commencement of demolition work.
C/Rawlings moved, C/Barlas seconded, to approve Development Review and Minor Conditional Use Permit Planning Case No. PL2022-23, based on the Findings of Fact ________________________________________________________________________ SEPTEMBER 13, 2022 6 PLANNING COMMISSION
_______________________________________________________________________ and subject to the Conditions of Approval within the Resolution, including the change recommended by staff. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok,
Chair/Wolfe
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 – The applicant requested approval to subdivide an existing 2.09-acre commercial property into two separate parcels. No new construction is proposed and there will be no physical changes to the buildings and property. The following entitlements are required 1) Tentative Parcel Map No. 83708 to subdivide an existing commercial property into two separate parcels; and, (2) Parking Permit to share driveway access and parking between the newly created properties. The subject property is zoned Community Commercial (C-02) with an underlying General Plan Land Use designation of General Commercial (C).
PROJECT ADDRESS: 2020 S. Brea Canyon Road
Diamond Bar, CA 91789
APPLICANT: Sarah Bova
Thienes Engineering, Inc.
14349 Firestone Boulevard
La Mirada, CA 90638
PROPERTY OWNER: Nathaniel E. Williams
Metro Properties. L.L.C.
15243 La Cruz Drive #661
Pacific Palisades, CA 90272
SP/Lee presented staff’s report and recommended that the Planning Commission recommend to the City Council, approval of Tentative Parcel Map and Parking Permit No. PL2022-07, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution.
Chair/Wolfe opened the public hearing.
Chair/Wolfe closed the public hearing.
VC/Mok moved, C/Barlas seconded, to recommend to the City Council, approval of Tentative Parcel Map and Parking Permit No. PL2022-07, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. Motion carried by the following Roll Call vote:
________________________________________________________________________ SEPTEMBER 13, 2022 7 PLANNING COMMISSION
_______________________________________________________________________ AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok,
Chair/Wolfe
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS:
VC/Mok reported that he participated during evening sessions of the Charrette and said it was great to see everyone including members of the community who expressed their desires for the upcoming town center, and hoped the City would continue its momentum.
C/Barlas and C/Rawlings were unable to attend the meetings and thanked VC/Mok for the update.
C/Rawlings thanked staff for their extensive work with applicants on the substantial projects that have come before the City.
Chair/Wolfe thanked C/Rawlings for pointing out staff’s contributions which are very important and too often overlooked and taken for granted. There is a fair amount of construction work occurring near the City offices and he encouraged people driving drive through the area to be aware and pay attention to their speed so that construction workers remain safe as they go about their business.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
CDD/Gubman stated that there are no agenda items for September 27th and the Planning Commission will reconvene on October 11th for re-adoption of AB361 and one potential public hearing item. In addition to VC/Mok’s report on the Charrette, the consultants received a lot of input which was translated onto drawings and the next steps are to offer alternatives that incorporate the key principles that have been defined for the Specific Plan, to set up a joint Study Session for the Planning Commission and City Council early next year to discuss which alternative configuration best reflects what the community envisions for the design of the Town Center, and then go back to the community for a Community Workshop tentatively scheduled to take place in March 2023 for the next phase in the Specific Plan process. In addition, the City’s website offers an option for residents to subscribe and receive updates regarding the project.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
________________________________________________________________________ SEPTEMBER 13, 2022 8 PLANNING COMMISSION
_______________________________________________________________________ ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the Regular Planning Commission meeting at 7:24 p.m.
The foregoing minutes are hereby approved this ____________________________, 2022.
Attest:
Respectfully Submitted,
_______________________________________
Greg Gubman, Community Development Director
_____________________________
Raymond Wolfe, Chairperson