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HomeMy WebLinkAbout02/26/2002PL.j-kNN1NCF1LE C,r, COIN/.1M1SS1GJL'4 AGENDA February 2692002 7:00 P.M South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Commissioner Steve Tye Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond' Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smokino. Patina nr - „ --y �..,ai-f lu oar uses recyaeo paper drinking in the Auditorium and encourages you to do the same 11 Chairman Steve Nelson Vice Chairman Joe Ruzicka Commissioner George Kuo Commissioner Dan Nolan Commissioner Steve Tye Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond' Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smokino. Patina nr - „ --y �..,ai-f lu oar uses recyaeo paper drinking in the Auditorium 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 and Development Services 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 number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes 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) 396-5676 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 PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, February 26, 2002 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No.2002-03 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Joe Ruzicka, George Kuo, Dan Nolan, and Steve Tye. 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 Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission 3. APPROVAL OF AGENDA: Chairman. 4. CONSENT CALENDAR: The 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: February 12, 2002. 5. OLD BUSINESS: None. C� 7. NEW BUSINESS: None. CONTINUED PUBLIC HEARING: 7.1. Development Review No. 2001-22 (pursuant to Code Section 22.48.020(A)(1)) is a request to remodel and add approximately 2,410 square feet (revised to 2,202) to an existing 2,265 square feet single family residence with porch, balconies and three car garage. (Continued from January 22, 2002) Project Address: 480 Wayside Place (Lot 32, Tract 42585) Diamond Bar, CA 91765 February 26, 2002 8. 9. 10. 11. 12 Page 2 PLANNING COMMISSION Property Owner: Steven and Debbie Mott 480 Wayside Place Diamond Bar, CA 91765 Applicant: Jerry Lutiens, Landmark Development 19953 Valley Boulevard Walnut, CA 91789 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e)(2)(A), the City has determined that this project is Categorically Exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2001-22, Findings of Fact, and conditions of approval as listed within the draft resolution. STUDY SESSION: Discussion on Development Code Amendment (Computer Cafes). PLANNING COMMISSION COMMENTS: RECOGNITION TO OUTGOING COMMISSIONER GEORGE KUO. INFORMATIONAL ITEMS: 11.1 Code Enforcement Enhancement. 11.2 Negative Declaration for Community/Senior Center. 11.3.a. City Council Appointments of the Planning, Parks and Recreation, Traffic and Transportation, Diamond Bar Community Foundation, and Wildlife Corridor Conservation Authority. 11.3.b. Reorganization of Planning Commission on March 12, 2002. 11.4 Public Hearing dates for future projects. SCHEDULE OF FUTURE EVENTS: COMMUNITY COORDINATING Monday, February 25, 2002 - 7:00 p.m. COMMITTEE MEETING: AQMD/Govt. Center, Room CC -2 21825 E. Copley Drive PARKS AND RECREATION Thursday, February 28, 2002 — 7:00 p.m. COMMISSION MEETING: AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive February 26, 2002 CITY COUNCIL MEETING: ADMINISTRATIVE REVIEW: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 13. ADJOURNMENT: Page 3 PLANNING COMMISSION Tuesday, March 5, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive - Tuesday, March 12, 2002 — 6:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, March 12, 2002 — 7:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, March 14, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 12, 2002 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Commissioner Tye led the pledge of allegiance. 1. ROIL CALL: Present: Chairman Nelson, Vice Chairman Joe Ruzicka, and Commissioners George Kuo, Dan Nolan and Steve Tye. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, and Stella. Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of January 22, 2002. VC/Ruzicka moved, C/Kuo seconded, to approve the Minutes of the Regular Meeting of January 22, 2002, as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nolan, VC/Ruzicka, Chair/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Tye ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None FEBRUARY 12, 2002 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Conditional Use Permit 2001-04, Variance No. 2001-07 and Development Review No. 2001-12, Code Amendment No. 2001-02 and Negative Declaration No. 2001-05 (pursuant to Code Sections 22.42.130.G.4, 22.58, 22.54 and 22.45) is a request to install a wireless telecommunications facility that includes a pole with antennas and equipment cabinet. The Variance relates to the antenna pole that exceeds the maximum allowable 35 -foot height. The Development Review relates to architectural/design review. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: St. Denis Roman Catholic Church 2151 S. Diamond Bar Boulevard Diamond bar, CA 91765 Roman Catholic Abp 3424 Wilshire Boulevard Los Angeles, CA 90010 Cingular 2521 Michelle Drive Tustin, CA 92780 DCM/DeStefano explained that late this afternoon, staff received word that the applicant's representative, John Helminski, intended to come before the Planing Commission this evening to withdraw the project. If so, there will be no public hearing this evening. John Helminski, Cingular Wireless, said that tonight the applicant is respectfully withdrawing its application in order to pursue other options on the property. DCM/DeStefano stated that as a result of Mr. Helminski's request, this matter is no longer before the Planning Commission for consideration. Tomorrow staff will issue a written confirmation of the withdrawal. Should Cingular or any other carrier choose to place a cell site at the church location the appropriate application procedure will be required. The Commission concurred to accept the applicant's withdrawal. 7.2 Development Code Amendment No. 2001-04 to amend Article IV of Section 22.50.030 of the City's Development Code regarding temporary uses for outdoor display/sales events. (Continued from January 8, 2002) PROJECT ADDRESS: Citywide FEBRUARY 12, 2002 PAGE 3 PLANNING COMMISSION 8. 9. 10. APPLICANT: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 AssccP/Lungu presented staff s report. Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Development Code Amendment No. 2001-04. Chair/Nelson opened the public hearing. There being no one who wished to speak on this matter, Chair/Nelson closed the public hearing. VC/Ruzicka moved, C/Nolan seconded, to adopt a resolution recommending City Council approval of Development Code Amendment No. 2001-04. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nolan, Tye, VC/Ruzicka, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONE[tS: None PLANNING COMMISSION COMMENTS: None Offered. INFORMATIONAL ITEMS: w 9.1 Public Hearing dates for future projects — as scheduled. DCM/DeStefano stated that a development code amendment dealing with temporary signs will be added to the list. DCM/DeStefano reported that staff made reservations for the Commissioners to attend the Annual Planning Commissioners Institute in March. He spoke about several items being considered by the City Council during discussion of goals and objectives and provided information on a South Carolina planning web site. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: FEBRUARY 12, 2002 PAGE 4 PLANNING COMMISSION There being no further business to come before the Planning Commission, Chairman Nelson adjourned the meeting at 7:34 p.m. - Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Steve Nelson AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: City of Diamond Bar PLANNING COMMISSION 7.1 February 20 2002 February 26 2002 Development Review No. 2001-22 Staff Report APPLICATION REQUEST: A request to remodel and add approximately 2,202 square feet to an existing 2,265 square feet single family residence including the porch, balconies and three car garage PROPERTY' LOCATION: 480 Wayside Place (Lot 32, Tract 42585) PROPERTY OWNER: Steve and Debbie Mott 480 Wayside Place Diamond Bar, CA 91789 APPLICANT: Jerry Lutjens, Landmark Development 19953 Valley Boulevard Walnut, CA 91789 BACKGROUND: The property owner, Steve and Debbie Mott, and applicant, Jerry Lutjens, Landmark Development, are requesting approval of a Revised Application to remodel and add approximately 2,202 square feet to an existing 2,265 square feet single family residence including deck and three -car garage. This item was previously brought to the Planning Commission on January 22, 2002. Staff recommended the Planning Commission continue the Public Hearing to February 26, 2002, in order to allow the Owners/Applicant to revise the plan to be consistent with the surrounding properties in the neighborhood. Staffs analysis indicated that the proposed reconstruction/remodel, though it met Development Code Standards or the minimum Development Code requirements, challenged the purpose and intent of the City's Design Guidelines. The project's address is 480 Wayside Place (Lot 32, Tract 42585), Diamond Bar. The parcel is .24 gross acres. It is an irregularly shaped pad at the end of a cul-de-sac. A large flag lot surrounds the subject site on the north and east. The project site is zoned R-1-8,000 for single-family residence. Its General Plan Land Use designation is Low Density Residential (RL), max. 3 du/acre. Generally, the following zones surround the subject site: to the north, south and east is the R-1-8,000 Zone and to the west is the R-1-10,000 Zone. - ANALYSIS: DEVELOPMENT REVIEW • Development Standards The following is a comparison of the City's development standards and the project's proposed development standards: City's Development Standards Project's Development Standards 1. Setbacks (main structure): 1. Setbacks (main structure): • Front yard -20' from property line • Front yard- 20 feet from property line' • Side yards -5'& 10' minimum from • Side yards- 10' and 15' from property line property line • Rear yard -20' minimum from property • Rear yard -Irregular line meets Code line requirements • Site Coverage -overall maximum 40% • Site Coverage -Approximately 33.5% 2. Building Height: 2. Building Height: • Maximum 35' • Maximum 23' 3. Parking: 3. Parking:` Minimum two -car garage with each bay Existing two car garage 19'x20' and new minimum 10'x20' one car garage 10.25'x23' and driveway meets requirement "There are a total of six bedrooms plus the potential of the study as a bedroom with a three -car garage and driveway; therefore, staff anticipates adequate parking. The above analysis for the revised application indicates that the proposed reconstruction/remodel meets Development Code Standards. It is noted that the revised plan has a reduction of 208 2 square feel:. The overall height of the structure has been reduced by 2.25 feet, which is more consistent with surrounding structures on Wayside Place. Additionally, the Applicant has worked with staff to provide a product that is architecturally consistent with the surrounding properties by setting the second story over the garage back from the street a minimum of 4.5 feet at the bay windows and 7.5 feet overall. The one to two story visuals is prevalent in the surrounding neighborhood and was recommended at the January 22, 2002 meeting. Many homes in the vicinity of Wayside Place including the cul-de-sacs of Damn Drive, Northview Place, Pikes Court, Goldpoint Place, Lisa Court and the access road of Armitos Place were built in the 1980's and generally range from 1,305 to 1,499 livable square feet. The largest majority of homes are small one story structuress, however some have been remodeled with livable square footage from 2,045 to 2,696. The livable square footage of the adjoining properties is 1,499 respectively. However, the easterly neighbor has received approval for a remodel of 726 square feet bringing his livable square footage to 2,199. The proposed project is 3,674 livable square footage not including garages, balconies, and porch. In order to accommodate the number of bedroom desired, a third garage was added and is required for adequate parking. Never the less, the revision of architecture and height masks the bulk of the structure at the streetscape and due the cul-de-sac location, staff feels the revised plan is consistent with the intent of the General Plan, Development Code and City's Design Guidelines. Architectural Features and Colofs In addition, staff reviewed the proposed single family residence's architectural style, which is Contemporary. These features were emphasized through a good use of materials; including the use of wood trim, stucco, and stucco brick texture to match the existing. Indeed, the use of these materials provides variety and interest. The proposed project's architectural trim and palette are cbmpatible with the architectural style of other homes within the tract. • Floor Plans The proposed single-family structure consists of two -stories. The first -floor of 1,827 square feet includes the two-story open entry/foyer, living room, dining room, kitchen, family room, two bathrooms, converted bedroom into a study, bedroom number one, and the new three -car garage. The second floor of 1,847 square feet includes the master bedroom suite with bath, walk in closet and retreat with fireplace; loft laundry #2; and four bedrooms and two baths. • Covenant and Agreement As with many approvals, a condition of approval has been added that the owner is required to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a 3 form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. SITE WORK The subject reconstruction/remodel is on the existing pad. No grading or retaining walls are anticipated. Should it be necessary to work more than 50 cubic yards of earth, the Public Works Division will require a grading/drainage plan. LANDSCAPING The landscape/irrigation plan is not included. A condition of approval will require that a preliminary landscape/irrigation plan be submitted for the front and delineate the type of planting materials, color, size, quantity and location. The landscaping/irrigation is required to be installed or replaced per the plan prior to the Planning Division's final inspection or the issuance of the Certificate of Occupancy. Additionally, it is noted for the applicant that any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into the street's dedicated easement; nor, shall any such structure or dense plant material proposed within the front setback exceed a maximum height of 42 inches. PRESERVED/PROTECTED TREES Per Development Code 22.38.060(H), parcels of %s acre or less are exempted from Preserved and Protected Tree regulations. Therefore, the subject parcel at .24 acres is exempt. VIEW IMPACT The terrain in the vicinity of Wayside Place is hilly. The parcels on Wayside Place generally follow the created pad. The homes to the east on Goldpoint Place and Lisa Court are at higher elevations and the homes to the west on Pikes Court are at lower elevations. The neighboring parcels are single-family residences and by maintaining the height limits of the Development Code and the revised plans reduction of height consistent with the existing homes in the area, the proposed two-story Revised Application is not considered an impact to the view corridor of surrounding properties. ADDITIONAL REVIEW The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the conditions of approval. NOTICE OF PUBLIC HEARING: On January 9, 2001, 53 property owners within a 500 -foot radius of the project site were notified by mail. On January 11, 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and a notice of public 4 hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing; as well as three other posted within the vicinity of the application. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301(e)(2)(A). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2001-22, Findings of Fact, and conditions of approval, as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan; 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, and color that will remain aesthetically appealing; 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Application; 2. Sample Covenant and Agreement; 3. January22, 2002 staff report; 4. Exhibit "A" - site plan, floor plan, elevations, dated February 26 2002. D: WORD-LINDA/PILANCOMM/PROJECTS/DR 01-22 480 WAYSIDE/REPORT 2 022602... 5 PLANNING COMMISSION RESOLUTION NO. 2002 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001 22 AND CATEGORICAL EXEMPTION 15301(e)(2)(A), A REQUEST TO REMODEL AND ADD APPROXIMATELY 2,202 SQUARE FEET TO AN EXISTING 2,265 SQUARE FEET SINGLE FAMILY RESIDENCE INCLUDING PORCH, BALCONIES AND THREE CAR GARAGE. THE PROJECT SITE IS LOCATED AT 480 WAYSIDE PLACE (LOT 32, TRACT 42585), DIAMOND BAR, CALIFORNIA. A. Recitals The property owner, Steve and Debbie Mott, and applicant, Jerry Lutjens, Landmark Development have filed an application to approve Development Review No. 2001-22, for a property located at 480 Wayside Place, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On January 9, 2001, 53 property owners within a 500 -foot radius of the project site were notified by mail. On January 11, 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing; as well as three other posted within the vicinity of the application. 3. On January 22, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the Application to February 26, 2002, in order to review a "Revised Application." 4. On February 26, 2002, the Planning Commission concluded the Public Hearing. 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 that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines DRA P thereunder. This is pursuant to Section 15301(e)(2)(A) of ArticM promulgated 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Revised Application, there is no evidence before this Planning commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 480 Wayside Place (Lot 32, Tract 42585), Diamond Bar, California. The project site is approximately .24 gross acres. It is an irregularly shaped pad at the end of a cul-de-sac with an existing one-story single family residence. (b) The General Plan Land Use designation is Low Density Residential (RL), max. 3 du/acre. The project site is zoned Single -Family Residence, R-1-8,000. (c) Generally, the following zones surround the subject site: to the north, south, east is the R-1-8,000 Zone and to the west is the R-1-10,000 Zone. (d) The Revised Application is a request to remodel and add approximately 2,202 square feet to an existing 2,265 square feet single family residence including porch, balconies and three -car garage. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, currently developed with a one-story, single-family residence, was established before the adoption of the City's General Plan and current Development Code. The adopted General Plan of July 25, 1995 has a land use designation of Low Density Residential (RL) (max. 3 du/acre). The current Revised Application complies with 2 Ilk A lo. the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Development Code, and with the revision to streetscape elevations consistent with the neighborhood the Revised Application is consistent with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Development Code, the site coverage is less than 40 percent and is comparable with the existing neighborhood, and it meets the required height limitations and does not encroach further into the setbacks than the existing structure in the front. The terrain in the vicinity of Wayside Place is hilly. The proposed two- story Revised Application is not considered an impact to the view corridor of surrounding properties. (f) The design and layout of the proposed development will not interfere with the uses and enjoyment of neighboring existing or future development„ and will not create traffic or pedestrian hazards. Armitos Place and Wayside Place adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a one-story single-family residence. The proposed reconstruction/remodeling does not change the existing use of a single-family residence. Although the proposed addition enlarges the existing residence, and is a two-story structure, it meets the ;35 feet height limitation per the Development Code. Additionally, the Revised Application has a height consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or traffic. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The Revised Application design is compatible with the architectural style of other homes within the area and is consistent with the City's Design Guidelines and Development Code. The project uses architectural styling with the use of two-story entry, stucco, wood trim fascia and window treatments, and layering of materials and finishes via multi-levels of roof lines using roof tile to add texture and contrast. Kl Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. (h) 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, and color that will remain aesthetically appealing. The colors, materials, and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. City permits, inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single family residence (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Sections 15301(e)(2)(A). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Revised Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, and elevations collectively labeled as Exhibit W dated February 26, 2002, as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by 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 4 contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until ithe Building Official approves its removal. (d) The Applicant shall provide temporary sanitation facilities while under construction. (e) The landscaping/irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (f) Applicant shall submit an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (g) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (h) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (i) A one-hour wall shall be required between new garage and existing home. (j) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (k) The single-farnily structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (1) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (m) The single-family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: 5 (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1A inch nor more than % inch in any dimension except where such openings are equipped with sash or door; - (4) Chimneys shall have spark arresters of maximum % inch screen. (n) This single-family structure shall meet the State Energy Conservation Standards. (o) Due to the site's topography, applicant shall comply with special design requirements as specified in the California Building Code, Section 18.4.3, building setback, top and toe of slopes. (p) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residentai site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (q) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (r) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorders Office prior to the issuance of a building permit. (s) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. 6 YI w (t) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (u) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashiers check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and' any fine which the Department determines to be owed. 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 Steve and Debbie Mott, 480 Wayside Place, Diamond Bar, CA 91789 and Jerry Lutjens, Landmark Development, 19953 Valley Boulevard, Walnut, CA 91789. APPROVED AND ADOPTED THIS 26h DAY OF FEBRUARY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman 7 bc) f h 4� I, James DeStefano, 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 26th day of February 2002, by the following vote: AYES: Commissioners: NOES: Commissioner. ABSENT: Commissioner.. ABSTAIN: Commissioner. ATTEST: James DeStefano, Secretary D: WORD-LINDA/PLANCOMM/PROJECTS/DR 01-22 480 WAYSIDE/RESO 2 022602 DR 01-22... 8 �9�PLANNINGCity of Diamond Bar ae-&.1- COMMISSION Q Staff Report _ AGENDA ITEM NUMBER: 7.1 REPORT DATE: January 16, 2002 MEETING DATE: January 22, 2002 CASETILE NUMBER: Development Review No. 2001-22 APPLICATION REQUEST: A request to remodel and add approximately 2,410 square 'feet to an existing 2,265 square feet single family residence including the deck and three car garage PROPERTY LOCATION: 480 Wayside Place (Lot 32, Tract 42585) PROPERTY OWNER; Steve and Debbie Mott 480 Wayside Place Diamond Bar, CA 91789 APPLICANT: Jerry Lutjens, Landmark Development 19953 Valley Boulevard Walnut, CA 91789 BACKGROUND: The property owner, Steve and Debbie Mott, and applicant, Jerry Lutjens, Landmark Development, are requesting approval to remodel and add approximately 2,410 square feet to an existing 2,265 square feet single family residence including deck and three -car garage. . The project's address is 480 Wayside Place(Lot 32, Tract el is .24 gross acres, It is an irregularly shaped pad at he end of a� cull-de-saamondc. A aar.h epflag lot surrounds the subject site on the north and east. g The project site is zoned R-1-8,000 for single-family residence. Its General Plan Land Use designation is Low Density Residential (RL), max. 3 du/acre. Generally, the following zones surround the subject site: to the north, south and east is the R-1-8,000 Zone and to the west is the R-1-10,000 Zone. 1 REVIEW AUTHORITY/APPLICATIONS This application requires Development Review by the Planning Commission per the City's Development Code, Section 22:48.020.A(1), which states that Development Review is required for projects involving a building permit for reconstruction and additions to structures which are equal to 50 percent or greater of the floor area of the existing structures on the site. Therefore, the addition of 2,410 square feet to an existing 2,265 square structure applies to the above requirement. The purpose of this review process is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. Also, to utilise the City's Design Guidelines in conjunction with the City's Development Code to promote development that respects the physical and environmental characteristics of the community and the site. The existing parcel was approved by Tract Map No. 42585, Lot 32, as 24 acres. The original structure was approved in 1986 with 1,314 livable square feet and 448 square feet garage. A 499 square feet room addition was completed in 1993 showing a total of 4 bedrooms. The existing patio covers were also permitted. ANALYSIS: DEVELOPMENT REVIEW • Development Standards The following is a comparison of the City's development standards and the project's proposed development standards: City's Development Standards Probes Development Standards 1. Setbacks (main structure): 1. Setbacks (main structure): • Front yard -20' from property line • Front yard- 20 feet from property line" • Side yards -5' & 10' minimum from • Side yards -10' and 15' from property line property line • Rear yard -20' minimum from property . Rear yard -Irregular line meets Code line requirements • Site Coverage -overall maximum 40% • Site Coverage -Approximately 33.5% 2. Building Height: 2. Building Height: • Maximum 35' . Maximum 25.25' 3. Parking: 3. Parking: Minimum two -car garage with each bay Existing two car garage 19'x20' and new minimum 10'x20' one car garage 10.25'x23' and driveway meets requirement *There are a total of six bedrooms plus the potential of the study as a bedroom with a three -car garage and driveway; therefore, staff anticipates adequate parking. The above analysis indicates that the proposed reconstruction/remodel meets Development Code Standards or the minimum Development Code requirements. However, this project challenges the purpose and intent of the City's Design Guidelines by increasing the total project by over 110% and specifically the General Residential Design Guidelines, Site Planning (A)(2), page 33. Staff recognizes these challenges and provides a discussion below. • General Plan/Design Guidelines/Compatibility with Neighborhood The General Plan has two strategies relating to compatibility within the Land Use Element: 1. Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood; and 2. Strategy 2.2.1, Requires that new developments be compatible with surrounding land uses. The City's Design Guidelines state that compatibility with adjacent uses is'a primary objective. Projects should be designed to minimize negative impacts on surrounding uses. In this case, the proposed project is a single family residence adjacent to other single family homes. In this case, staff is specifically concerned with the size and scale of this project when compared to the surrounding neighborhood. The proposed single family residence will have approximately 3,882 square feet of living area (a gross combined area of 4,675 square feet). Whereas, the surrounding homes generally range in size between 11,293 square feet to 2,200 square feet of living area. A few homes have increased their square footage over the range. The homes in the vicinity of Wayside Place including the cul-de-sacs of Damn Drive, No view Place, Pikes Court, Goldpoint Place, Lisa Court and the access road of Ar rri Place were built in the 1980's and generally range from 1,305 to 1,499 livable square feet. The largest majority of homes are small one story structures. There are also variations of one to two story, but there are few of these products for comparison. The following table shows the square footage for the homes on these streets. This compares only the livable square footage from the Assessor and does not include garages, decks, etc. K7 Livable Square Footage Units 3 -� 1293 to 1604 182 y 1704 to 1996 .2 f 2045 to 2197 5 2329 1 at 24407 Damn Drive 2396 1 at 24415 Damn Drive 2405 3 at 574 Amos Place, 582 Armitos Place, and 587 Armitos Place 2696 1 at 24301 Darin Drive (see attachment for photos of largest six homes) The proposed project is 3,882 livable square footage not including garages, decks, balconies, and porch. In order to accommodate the number of bedroom desired, a third garage was added and would be required for adequate parking. The proposed project adds the bulk of the second floor at the streetscape. Though the architect has designed a one to two story look over the living room, that part of the front elevation is obscured due to the orientation of the lot. The livable square footage of the adjoining properties is 1499 respectively. However, the easterly neighbor has received approval for a remodel of 726 square feet bringing his livable square footage to 2199. A guiding principal for good site planning is that the siting and design of structures and landscaping should ensure that they blend into the terrain and do not dominate the landform as seen from lower elevations. The proposed project is at higher elevations than its northerly neighbors. Although staff feels the applicant has made a good effort at providing a quality finished product and has endeavored to increase the size and maintain the architectural flavor of the surrounding dwellings, staff feels it is necessary to provide further assurances that the front and possibly the rear elevation will not oppose this guiding principal and dwarf the structure on the flag lot and those properties on Wayside Place. Staff recommends the applicant further address the proposed dominating structure by providing a re -designed project with primary changes to the front elevation for the Planning Commission to review. It is anticipated that the project will eliminate square footage. The loft and second laundry room area is approximately 370 square feet and could possibly be eliminated. For consistency to the design of the surrounding neighborhood, the product should be redesigned to possibly. maintain a single story over the garages. • Architectural Features and Colors In addition, staff reviewed the proposed single family residence's architectural style, which is Contemporary. These features were emphasized through a good use of materials; including the use of wood trim, stucco, and stucco brick texture to match the existing. Indeed, the use of these materials provides variety and interest. The proposed project's architectural trim and palette are compatible with the architectural style of other homes within the tract. • Floor Plans 4 The proposed single-family structure consists of two -stories. The first -floor of 1,827 square feet includes the! two-story open entry/foyer, living room, dining room, kitchen, family room, two bathrooms, converted bedroom into a study, bedroom number one, and the new three -car garage. The second floor of 2,055 square feet includes the master bedroom suite with bath, walk in closet and retreat with fireplace; loft laundry #2 and four bedrooms and two baths. SITE WORK The subject reconstruction/remodel is on the existing pad. No grading or retaining walls are anticipated. Should it be necessary to work more than 50 cubic yards of earth, the Public Works Division will require a grading/drainage plan. LANDSCAPING The landscapefirrigation plan is not included. A condition of approval will require that a preliminary landscape/irrigation plan be submitted for the front and delineate the type of planting materials, color, size; quantity and location. The landscapingtirrigation is required to be installed or replaced per the plan prior to the Planning Division's final inspection or the issuance of the'Certificate of Occupancy. Additionally, it is noted for the applicant that any wails, gates, fountains, etc. that may be proposed within the front setback shall not encroach into the street's dedicated easement; nor, shall any such structure or dense plant material proposed within the front setback exceed a maximum height of 42 inches. PRESERVED/PROTECTED TREES Per Development Code 22.38.060(H), parcels of % acre or less are exempted from Preserved and Protected Tree: regulations. Therefore, the subject parcel at .24 acres is exempt. VIEW IMPACT The terrain in the vicinity of Wayside Place is hilly. The parcels on Wayside Place generally follow the created pad. The homes to the east on Goldpoint Place and Lisa Court are at higher elevations and the homes to the west on Pikes Court are at lower elevations. The neighboring parcels are single-family residences and by maintaining the height limits of the Development Code, the remodel will not impact neighboring properties' view corridors. ADDITIONAL REVIEW The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the conditions of approval. 5 NOTICE OF PUBLIC HEARING: On January 9, 2001, 53 property owners within a 500 -foot radius of the project site were notified by mail. On January 11. 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing; as well as three other posted within the vicinity of the application. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301(e)(2)(A). CONCULSION: Staff completed a review of the proposed project and feels it is necessary to continue this project to a future public hearing date to allow the applicant time to submit a re -designed project. Enough time should be given to allow plans to be revised for consistency, yet be within the confines of the Permit Streamlining Act. However, should the Applicants choose not to redesign the product, staff recommends denial of the proposed project. The proposed project challenges the City's Design Guidelines, thus making it difficult for staff to recommend an approval for this project. One of the main issues includes the overall massive appearance of the proposed single family residence, which makes it incompatible with the surrounding neighborhood. With respect to this application request, the Planning Commission has the option to do the following: 1. Direct staff to continue this project to a future public hearing date in order to allow the applicant time to submit a re -designed project. 2. Direct staff to prepare a resolution of approval with or without conditions. 3. Direct staff to prepare a resolution of denial. RECOMMENDATIONS: Staff recommends that the Planning Commission continue Development Review No. 2001-22 to a future public hearing date to allow the applicant time to submit a n3 -designed project. 6 REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme anus, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will .not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan; 4. The design of the proposed de+relopment will provide a desirable environment for its occupants and visiting public; as; well as, its neighbors through good aesthetic use of materials, texture, and color that will remain -aesthetically appealing; 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). r— Prepared by: _� 6 < Linda Kay Smith Development Services Assistant ATTACHMENTS: 1. Application; 2. Aerial; 3. Assessor's map; 4. Page 33, City Design Guidelines; 5. Site photos from Applicant; 6. Photos of six largest homes in the area; 7. Exhibit "A" - site plan, floor plan, elevations, dated January 22, 2002. D: WORD-LINDAIPLANICOMM/PROJECTSIDR 01-22 480 WAYSIDE/REPORT DR 01-22... 7 X909)346-Sd76 Fa (90061-3117 DEVELOPMENNr REVMW APPLICATION kACe, Record Owner App cant N,kr itir e„c e (Last mate fort) 4&14i (Last name 6 Addmss__410 Jdb. ,S 10,L, _it4 45' 3 iii erre bl 1/� Phoae(109)-&;0 .2tPk, s - G7 / 7bg . FhOGCM) 54L • (.2.5 ? CGC-41262.-C_- Deposit S ReeeiptA' !� By Data Reed Applicant's Agent —Abs cJQ.++�i a+st name first) l 44 5 3 d L� . til lkt Rt789 Pbone(b t)�"�r 8.6 iS 7 NOTE: It is the applicant's respoosibi1ity to no* the Cansmuai principals involved dtuieg the pnxrjag Of this cast. 4 Davelopt MW Director in `"nig of any change of the (Atucch separate sheet. if necessary. ift0adint namsu es, addra, and sig�rpefinentbets of corations., otpastnenhips-joint rcntutea, and diteetnn Consent: 1 certify that 1 em the tins the hsrsLa dtseribsd ro s P P' and petmtt the cpplicast to ftlt this ntgtreu. Signed (All record owners) Date O Certification: 1., the undersigned, hereby ar$j5► vttderpene![y o to the best of my knowledge. of a7 �a1 the Infornrctfon birth p,nwed is Cama cS Print Name (APPL t aAAscnt) i :-73 Signed C; , r t (A Genres or Date t - 1q -Q Agent) Location ±b, Wgt, tJ 3D[ (S addrtcs or tier and lot number n4 • ZS t-• 2 Zoning L L 14 Previous Cues 7 �' Present Use of Site Use applied for _ 1t'IA p • LA 6oL&d":... ft- ei.� - :3G .ofk44 644 E1 AP Pi • emem-ori3-v72. Ara devoted to structures _ 3< a. 4:r Landscaping/Open s Taj L sr, iCf Project Sire &7 :gajer LA9 C VMSe Propoud density_ I k -2 0 Style ofArhitstu__w 2CMIC� Ible.d�•�y.ne,•iatn (Uttits/Aals) tewc Number of Floors Proposed 2 SIVO of Roof $ ! I/Z GradiaY' lit d +tl If 1gg., _. cut - Fill Import r M, Q=*Y Export u y� QuMeq 0 5r n•• - r4. I � .� '� i�'�?� _ J .. �'� l Lam.•. _ T i -::ate ;•: t J' i ' i E, `S. *40 � y • J , 1. � �'�, { `�fa T � ,.,�� .+.� -+ r • - _ ,+, F � ix � moi'. � � �� .� � �, _ :sd i. i+f • T. a iw! /'1 . 'yam. _ '{. - �/y � �V ," 1� L 7t �+ • a� �r � .'`r'1r1}ri�y rt 'r' 'r1 - _ '�r n� +`,� _-�,•Cs v GE,OVtE _ tii L` O0lit, Nµ. + y f o1 s sr j ' ( GA (Via � s r N • r = � `y i d e� � \ At 0 7 01, b`O • �� a�T► ' P GENERAL RESIDENTIAL DESIGN GUIDELINES A. SITE PLANNING 1) The site layout Is very important in creating the character of a project. Many different factors contribute considered within the desigto the formulation of a site plan and should be n, including the physical, social and psychological needs of the users of the site. Each Individual site will have uriique elements which may effect the design. - 2) Compatibility with adjacent uses Is the primary consideration. Projects shat l be designed to minimize negative impacts on surrounding uses. A gradual transition between the project and adjacent uses should be achieved through appropriate setbacks, building height, landscaping, window and door placement. IF .a zo-, ■- t = " H 3) Dwellings and other improvements should be appropriate in mass andscale the site on which they are placed. The site and its relationship to other structures, scenic values, climate orientation the design and orientation of structures on each st a cress should be factors in 4) Building placement should consider the potential for tree and plant growth the lot. g on 5) Open space used meaningfully, density, and tightness of a project. Open space the Perceived be�s crowdedness, between neighboring adjacent properties, ed as a buffer 33 I � I & AM pb., r— P. & do W"" �z A I- t7 1 F T � I & AM pb., r— P. & do W"" t7 -1 1 jj- � I & AM pb., r— P. & do W"" _ tI jj,fjLL1«° /Iii' 1 ^� � / ��. ,\.\ �\� �/ % } \�\, »vim ,��� « j\� � \� iG - ; ,\.\ �\� �/ % INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Associate Planner mt SUBJECT: - Study Session Discussion Regarding Computer Services/Network Gaming Centers DATE: February 21, 2002 The City of Diamond Bar has received many requests to permit a new technology driven land use that provides on. -site computer use related largely to multi -player PC games. This use may be identified as computer services/network gaming centers (AKA PC arcades, cybercades and cyber cafes). The use typically provides space, equipment and technology to make fast, multi -player PC games and high-speed computer services available to patrons for a fee ($2.00 to $4.00 per hour). In addition, most centers allow patrons to check e-mail, download files, perform word processing and access the Internet. Furthermore, these centers give customers the opportunity to utilize computers in a social setting and provide a good opportunity for those that may not be able to own their own computer. A typical center, depending on its size, may provide 10 to 100 computer systems on a rental basis. Each computer station will utilize approximately 35 square feet of gross floor area. Often display areas are present were items such as computer workstations, accessories and software are offered for sale. Most do not serve food. The predominate use of the computers is to gain access to Internet gaming sites in order to play computer games. The targeted audience is between 12-23 years old who can play computer games at very fast speeds for very little money. Computer services/network gaming centers are quickly growing in number and popularity throughout urban areas of United States where a large immigrant population exists. This trend was addressed in an article published on September 10, 2001 in the Los Angeles Times article "Fast Times at the Cybercade". According to the article, these PC rooms originated in South Korea and are opening in several areas throughout the Southland. These arcades can be beneficial as "a place were kids can come together and make connections instead of playing by themselves in their parents' home." Patrons prefer to use PC arcades because they can spend time with friends and take advantage of the high- speed connections, which generally aren't available at home. However, the article also indicates that these rooms "are a bad influence: They open early and close late; they are loud; and their product, the Internet, can be addicting". Parents worry about the games becoming addicting and children's grades going down, as well as the violent content of these games. 1 While the first wave of PC arcades was clustered in and around Koreatown in Los Angeles, they begun to spread to other parts of Southern California. Tough competition among the many PC arcades in Koreatown has forced owners to look outward to open new arcades, "in Orange County or Pasadena." Several gamers mentioned in the article were interviewed at Cyberzone, a PC arcade in Fullerton. In the City of Garden Grove, 17 Internet cafes have opened in the past year and a half. Many other cities are looking to Garden Grove as a model of managing the emergence of PC cafes, as they are currently in the process of drafting an ordnance based on a current ordnance for coffee houses, which might include requiring a waiting area and prohibiting minors after 8: 00 p.m. Many cities in Southern California are confronted with numerous requests to allow businesses that provide on-site computer use related largely to multi -player PC games. The cities of Walnut, San Gabriel and Los Alamitos have adopted an ordinance permitting this type of use with a specific process and standards. Other cities (Chino, Chino Hills, Glendale, Claremont, La Mirada, Rancho Cucamonga, and Rosemead) classify computer services/network gaming centers as a use similar to video game arcades and utilize a Conditional Use Permit for processing. The City of Brea does not identify this type of use in the code and when this situation occurs, the use is processed with a Conditional Use Permit. The City of LaVeme does not have this use classification in their code and are considering preparing an amendment. The City of San Dimas has two such businesses that obtained a business license although the use is not defined in the code. Currently, San Dimas is struggling with loitering and parking issues related to the two businesses. The City of Diamond Bar has three computer services/network gaming centers and is receiving more requests on a regular basis. Diamond Bar's Development Code allows indoor amusements (i.e. arcades, billiard/pool rooms and bowling alleys) but not specifically computer services/network gaming centers. Staff recommends consideration of an ordinance to respond to the zoning demand for this use. As a result, the City of Diamond Bar is requesting Development Code Amendment No. 2002-01 in order to amend the following Articles, Sections and Tables of the Development Code that consider allowing computer services/network gaming centers. The intent of the amendment is to modify the existing Code to better represent the changing face of technology and new business uses. Article II • Section 22.10.030, Commercial/Industrial District Land Uses and Permit Requirements, Table 2-5 and Table 2-6 (page II -17) Article III • Section 22.42.035, Computer Services/Network Gaming Centers, (add new section on page III -173) Article VI • Section 22.80.020 Definitions of Specialized Terms and Phrases, Definitions, "C" (page VI -13; add new definition) 2 From surveying the above-mentioned cities, issues have come about which relate to parking„ loitering, age -restricted access, curfew violations, censoring, hours of operation, noise, security, and amortization. The Development Code addresses parking requirements for arcades, bowling alleys, and pool/billiard rooms. Arcades require one parking space for each 200 square feet of gross floor area. Bowling alleys requires five parking spaces for each lane, plus required spaces for accessory uses. Pool/billiard room required two parking spaces for each table, plus required spaces for accessory uses. The Development Code does not address parking requirements for computer services/network gaming centers. While researching this issue, staff found that current parking requirements are not designed for businesses with dense computer use. Parking regulations were created under the assumption that a traditional business use with an office consisting of a computer workstation is approximately 300 to 400 square feet of gross floor area, thereby requiring one space for each 300 or 400 square feet of gross floor area. In a computer services/network gaming center one workstation utilizes approximately 35 square feet of gross floor area. By applying the same parking standards, computer services/network gaming centers would require an additional five parking spaces of every 300 square feet of gross floor area resulting in an increased demand on parking. A majority of the patrons would be of driving age. As a result, the number of workstations becomes critical when trying to determine the number of parking spaces needed. The intention of the parking regulations of the draft Development Code Amendment is to provide adequate parking and reduce traffic congestion while facilitating vehicular movement and enhancing public safety. Curfew/Age-Restricted Access/ Loitering The potential for loitering/violating curfew is an area of concern. Municipal Code Section 9.24.110, Curfew Restrictions for Minors states "it is unlawful for any minor under the age of 18 years to loiter, idle, wander, stroll, or aimless drive or ride about in or upon any public street, avenue, highway, road curb area, alley, park, playground, or other public ground, public places or public building, place of amusement or eating place, vacant lot or unsupervised place between the hours a 10:00 p.m. on any day and sunrise of the immediately following day." Asa result, curfew restricts the access of minors after 10:00 P.m. to computer services/network gaming center unless accompanied by an adult. Many cities also restrict access by not allowing children of school age, during hours of instruction throughout the academic year of the public school districts to enter computer services/network gaming center. According to the Los Angeles County Sheriffs Department (Diamond Bar Walnut Station), it has been reported that the patrons waiting to get onto a machine only wait around the site creating a loitering problem within a commercial development. Loitering also reflects back to a parking problem. People waiting for machine are also utilizing parking spaces. They actually create a bigger problem because there are taking the spaces from longer periods of time, waiting and also while using the computers. To mitigate any loitering concerns and protect the public health, safety, and welfare, all computer services/network gaming centers may be required to provide security or staff members to ensure that no gathering or loitering occurs at the facility or in the immediate area. Each computer gaming center should provide a waiting area and no waiting list should be maintained beyond the waiting area's seating capacity. Securi Security can and is addressed in a variety of ways. Some cities require a security guard(s) from 6:00 p.m. until closing on Friday and Saturday nights. Other cities require a full-time adult attendant on-site to monitor the operations and enforce any conditions. Usually there is one attendant for every 10 to 20 computers. Other security measures can include surveillance cameras as deemed necessary; floor plans designed in a manner that places the employee on duty in a position to see all computer screens; business unit windows and glass doors that remain unobstructed at all times; and all entrances and interior areas that are adequately lighted. Censoring It is possible that a computer services/network gaming center would have unrestricted access to the Internet, thereby allowing the opportunity for accessing adult websites. This could be a problem with minors without having some type of limitations or monitoring of the site. It would not be a problem with the legitimate business owners who are willing to provide filters for the computer networks to prevent any user from accessing adult websites. These business owners are also willing to monitor their establishment and insure that no computer can be connected to or display content from an adult website. However, adult business operators that enjoy First Amendment protection look for any opportunity to sell their product. Additionally, the zones recommended for this use do not permit adult-oriented businesses. As a result, providing and accessing adult websites would be a violation of Development Code standards for the specified zoning districts. Noise Computer services/network gaming center can be loud due to the sound files associated with the game programs. With a large number of computers operating at one time, the concern is neighboring businesses and residents. Some cities require that computer services/network gaming centers install walls with sound transmission code rating of 45 (some cities utilize at least 56) between adjoining businesses. Other noise attenuating devices like headphones can be utilized also. Additionally, entrance doors can be equipped with an automatic self-closing system. 4 Hours of Operation Hours of operation vary from business to business and from city to city. Cities typically tend to require that the hours of operation be from 10:00 a.m. to 10:00 p.m. on Sunday through Thursday and between 10:00 a.m. and 12 midnight on Friday and Saturday. Several computer services/network gaming centers are open from 7:00 a.m. to 2:00 a.m. Closing at 4:00 a.m. also occurs, but is less common. Amortization Currently, three computer services/network gaming centers are located in Diamond Bar. They are located at Oak Tree, Diamond Village and Diamond Creek shopping centers and do riot have the benefit of City permits. Apparently what has happened is that the business owners contacted Los Angeles County for a business license. Computer services/network gaming centers are not listed as a business that needs a license to operate. As a result, the new business owner believes that if a business license is not required then the business can be opened. Also, a tenant improvement permit was issued under the pretext of computer retail sales. The business owner at the Oak Tree shopping center has submitted an application for a Conditional Use Permit anticipating that the City will allow computer services/network gaming centers. The City of Diamond Bar has contacted Los Angeles County Business License and requested that computer services/network gaming centers require a license. Staff is awaiting confirmation of this request. Condition Use Permit A -and Use Desianations for Consideration The purpose of a Conditional Use, Permit is to allow for specify activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. The Planning Commission is the review authority for Conditional Use Permit applications. To ensure that the application being reviewed is in compliance with the required findings, the Commission may impose conditions deemed necessary. According to staff's analysis, there are three zoning districts that may be suitable for the establishment of computer service:;/network gaming centers. The zoning designations are Commercial Office (CO), Community Commercial (C-2) and Regional Commercial (C-3). The CO Zone is intended for a diverse mix of office, retail, and service -related uses, with office -type facilities being the primary uses. The C-2 Zone is intended for areas a wide range of retail shopping and servers uses, primarily intended to serve the needs of Diamond Bar residents. The C-3 Zone is intended for or large-scale commercial uses serving residents and businesses within the region. Currently, the Development Code allows indoor amusement/entertainment services for a fee or admission charge for uses such as bowling alleys, card rooms, coin operated arcades, electric game arcades, pool and billiard rooms, etc. within these listed zoning 5 districts (except the CO Zone) providing a Conditional Use Permit has been approved. Considering the nature of computer services/network gaming centers (and the fact that a bowling alley currently exists in the CO Zone) and, staff believes this use would also be appropriated in the listed zoning districts with an approved Conditional Use Permit. The computer services/network gaming center located in the Diamond Village shopping center is within the CPD/C-1 Zone. Additionally, the specified zones do not permit adult-oriented businesses. As a result, providing and accessing adult websites would be a violation of Development Code standards for the specified zoning districts and standards set forth in a Conditional Use Permit. Proposed Development Code Amendment No. 2002-01 The following delineates the current standards and utilizes strikethrough and bold Italics to emphasis the staff recommended amendments related to computer services/network gaming centers. Article II Section 22.10.030, CommerclaVlndustrial District Land Uses and Permit Requirements, (page II -17) Current: TABLE 2 -5 -ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS LAND USE 1'"� See standards in Sections: RECREATION, EDUCATION AND OP OB Co 01 1m If, eccCUR1 v I ISFC r VYi..Y n Clubs, lodges, and private meeting halls P P P Community/cultural centers P P P Cultural facilities, libraries and museums P P P Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgrounds P P P Religious places of worship CUP CUP CUP Schools -public and private P I P I P 11 Studios -art, dance, and music, hotography, etc. CUP CUP Theaters, auditoriums, meeting halls CUP CUP CUP Recommended Amendment: TABLE 2 -5 -ALLOWED TO USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS UND USE" :, ;: i "A REQUIRED BY nICTRIr_T .. . See standards in Sections: RECREATION, EDUCATION AND OP OB CO PUBLIC ASSEMBLY USES Clubs, lodges, and private meeting halls P P p Community/cultural centers p p P Cultural facilities, libraries and museums P P p Computer Services Network Gaming CUP 22.42.035 Centers Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgrounds P P P Reli Mous places of worship CUP CUP CUP Schools -public and private P P P Studios -art, dance, and music, hotography, etc. CUP Theaters, auditoriums, meeting halls CUP CUP CUP 7 Section 22.10.030, Commercialflndustrial District Land Uses and Permit Requirements, (page II -20) Current: TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS see standards in Sections: RECREATION, EDUCATION AND PUBLIC C-1 C-2 C-3 A00MVIM.T VJca Aduft oriented businesses P 22.42.020 Clubs,.lodges, and private meeting halls CUP CUP Comm uni /cultural centers CUP Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities CUP CUP 11 Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools -public and private P P Schools -specialized education and training P P P P Studios -art, dance, and music, photography, etc. CUP CUP CUP Theaters, auditoriums, meeting halls CUP CUP E Recommended Amendment: TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAUINDUSTRIAL ZONING DISTRICTS DISTRICT See standards in Sections: RECREATION, EDUCATION AND PUBLIC C-1 C-2 C-� I Article III Recommended Amendment: Section 22.42.035, Computer Services/Network Gaming Centers (Add new section on page III -173) A. Standards for Computer Services✓Network Gaming Centers. The following standards shall apply. 1. Conditional Use Permit required. Permit processing for computer services/network gaming centers shall be subject to the following a. Shall provide full-time adult attendant or supervisor, 21 years of age or older, at a ratio of one attendant(supervisor for each 10 machines plus one security guard for each 20 machines; (Additional attendants and/or security surveillance cameras may be required if it is deemed necessary by the Los Angeles County Sheriffs Department.) b. Computers shall be available for use only between 10:00 a.m. and 10:00 p.m. on Sunday through Thursday; and between 10:00 a. m. and 12:00 midnight on Friday and Saturday; C. Minors (under 18 years of age) shall not enter a computer services/network gaming center after 10:00 p.m. unless accompanied by an adult. d. Hours of operation shall be posted in a conspicuous place; e. Prior to the issuance of Certificate of Occupancy, a business license shall be obtained, f. Shall provide a waiting area with seating equal to one seat for every four computer stations; and no waiting list shall be maintained beyond the seating capacity of the waiting area; g. There shall be no loitering around any computer services/network gaming center; business owner shall be responsible for posting "No Loitering" and curfew signs in front of the business, 10 h. Each computer services/network gaming center shall provide a minimum of two toilets and laboratory facilities accessible to customers and employees; i. Shall provide one parking space for every 35 square feet of gross floor area devoted to computer stations; j. Shall provide one parking space for every seat in the waiting area; k. Shall provide bicycle parking, 1. Floor plan shall be designed in a manner that places the employee on duty in the positron to see all computer screens; M. Shall maintain a minimum 500 foot distance from any public school (grades kindergarten through 12), n. Business unit windows and glass doors shall remain unobstructed and a lighting plan shall be reviewed and approved by the City prior to commencement of business, o. Entrance doors shall be equipped with an automatic self-closing system; p. Alcohol consumption shall be prohibited; q. Accessing adult-oriented intemet sites shall be prohibited unless the business has an adult business permit, business owner shall provide filters for the computer network to prevent user(s) from accessing adult websites; r. Walls separating the computer services✓network gaming center from adjoining, uses shall comply with the sound transmission code rating of at least 45 or employ other noise attenuating devices as approved by the City; and S. A computer services/network gaming center shall not be operated in a detrimental manner (i.e. loitering, creating excessive noise, etc.) to adjoining businesses and the community. Procedures for revocation or modification of the Conditional Use Permit shall be as established by Article V, Chapter 22.76, Revocations and Modifications. 11 2. Amortization. All computer services/network gaming center businesses in existence on the date of adoption of this Ordinance shall be in full compliance with the provisions of Section 22.42.035 within six months from the effective date of this Ordinance. Article VI Section 22.80.020 Definitions of Specialized Terms and Phrases, (page VI -13; add new -definition) Recommended Amendment: Definitions, "C" Computer ServicesMetwork Gaming Center. A business establishment that provides the space, equipment and technology to make fast, multi -player PC games and high-speed computers available to patrons for a fee. This type of business establishment also allows patrons to browse the Internet, check e-mail and download files. (See Section 22.42.035) Conclusion: The purpose of the Development Code is to implement the policies of the City's General Plan by classifying and regulating the uses of land and structures within the City. In addition, the Development Code protects and promotes the public health, safety, and general welfare of the residents, and preserves and enhances the aesthetic quality of the City. The Development Code provides standards for orderly growth and development and promotes a stable pattern of land uses. It is a tool utilized to implement land uses designated by the General Plan, thereby avoiding conflict between land uses. The Development Code assists in protecting and maintaining property values, and conserving and protecting the City's natural resources. Furthermore, the Development Code facilitates in protecting the City's character, and social and economic stability, as well as assisting in maintaining a high quality of life without unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovative design. Staff believes that the standards set forth in the recommended amendment is in keeping with the purpose of the Development Code. Establishing a criterion for computer services/network gaming centers and requiring review under a Conditional Use Permit process will help to assure that the zoning districts which the staff has proposed for this use will maintain a high quality of life and high level of safety. 12 RECOMMENDATION: Staff recommends that the Planning Commission discuss the attached information and provide staff with comments that will be incorporated into Development Code Amendment No. 2002-01 which will be scheduled for the March 12, 2002 Planning Commission Agenda„ 02/19/2002 08:24 5629081238 THE TRLMAN AGENCY all jai .2 ail Jig firm, PAGE 02 E> n � �3 8 m H C1 n ,� r .ti •r1 Cb to cs b .. x w E) � W O� >i y � n� n m r� H ` ro ro j� E> n � �3 8 H r r .ti Q) E) � W O� >i y � n� n m r� t7i °y G b� x� �� cod oO n'►,.. _� H3 _ ' �y �OIQ o ov Z n O a < ? 3 y 7C y n F m �O o n co c� co w 5 , w ado r d i► O C M CCD ? w z w Z o G� 7h 7d H t^ p' t- B O a 2. a a :h z � a W 0 c z �� a � ;� � O sog� rn rn ab a N O �-� o y co R14. � a y g y o�-3 0 B• O o " ` co n n :3i�„� Q .moi Senn ao co •, O o � r 3 d D v tJ 8 8 N 00 IQ N T N 00 d 7C 7C yv.y- r v� r cn C4 N .r Vii N ON A Ns 00 00 t" N C co N� M d a s33 d W cyy ?' z 110 0 < °cn a r r w m a �o z � z O � � � ter. zn ,�r• zn yr z� yr zn r zn ...3r zn m � CA CA C)a .n z v .p z ° 'rJ ° ►t7 �z `rJ ..3 �z '1'7 , 3 nz "n _3 '17 z z z 0Z O 0z ° z ,,Odz°�dZ "oz 0Z O O C7 �O Sc. p0 d0 d' CO l q C7 �d d a 0 C -d OO z0 Z° ZO 00 ZO ZO Od ZO 0000000 o 0z4 °z� °z z� n ° °z °z °z ° z z z a M.. 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