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HomeMy WebLinkAbout03/12/2002PLj-kNNIN(F,L,E copv COMMISSIUiv AGENDA March 12, 2002 7:00 P.M South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Steve Nelson Vice Chairman Joe Ruzicka Commissioner Commissioner Commissioner George Kuo Dan Nolan 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 accommodations) 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 smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recyded paper and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community 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 Next Resolution No. 2002-04 PLANNING COMMISSION Tuesday, March 12, 2002 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ADMINISTRATION OF OATHS OF OFFICE FOR PLANNING COMMISSIONERS. 2. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Joe Ruzicka, Dan Nolan, Jack Tanaka, and Steve Tye. 3. REORGANIZATION OF PLANNING COMMISSION. Selection of Chairman and Vice -Chairman. 4. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS.- This OMMENTS: 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 Speakers Card for the recording Secretary (Completion of this form is voluntary) There is a five-minute maximum time limit when addressing the Planning Commission 5. APPROVAL OF AGENDA: Chairman. 6. 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: 6.1. Minutes of Regular Meeting: February 26, 2002. 7 OLD BUSINESS: None. 8 NEW BUSINESS: None. 9 PUBLIC HEARING: 9.1. Development Review Ne_ 2nni - anw1ara170n or environmental Impact (pursuant to (lode Sections 22.48, 22.52 and 22.38) the applicant has requested approval of plans to construct a three (3) story single family residence of approximately 7,740 square feet with two attached two -car garages totaling 977 square feet on March 12, 2002 Page 2 PLANNING COMMISSION an approximate 57,934.8 (1.33 acres) square foot R-1 (40,000) zoned lot. Additionally, the application requests approval of a Minor Variance to deviate from the minimum required front yard setback distance, and a Tree Permit for the removal and replacement of a protected tree species. Project Address: 22509 Ridgeline Road (APN 8713-006-019) Diamond Bar, CA 91765 Property Owner: Jay Arora 1149 Grubstake Drive Diamond Bar, CA 91765 Applicant: S & W Development 20272 Carrey Road Walnut, CA 91789 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, an Environmental Negative Declaration was prepared and is available for review at City of Diamond Bar Community and Development Services Department/Planning Division during regular business hours. Comments will be received until March 12, 2002. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Recommendation: Staff recommends that the Planning. Commission approve Development Review No. 2001-18/Minor Variance No. 2002-01/Tree Permit No. 2002-02/Negative Declaration of Environmental Impact, Findings of Fact, and conditions of approval as listed within the draft resolution. 9.2. Development Code Amendment No 2002-01 (pursuant to Code Section 22.44) is a request to amend the following Articles of the Development Code: Article II Section 22.10.030, TABLE 2 -5 -ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS: Amendment relates to adding computer services/network gaming centers as a specified use with a Conditional Use Permit approval. Section 22.10.030, TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS: Amendment relates to adding computer servicestnetwork gaming centers as a specified use with a Conditional Use Permit approval. March 12, 2002 Article III Page 3 PLANNING COMMISSION Section 22.42.035, COMPUTER SERVICESINETWORK GAMING CENTERS: Amendment relates to adding standards applying to this specified use. Article IV Section 22.80.020, DFEFINITIONS OF SPECIALIZED TERMS AND PHRASES, DEFINITIONS, "C": `Amendment relates to adding a definition of a computer services/network gaming center. Project Address: Citywide Applicant: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162 (a) of Article 11 of the California Code of Regulations and Guidelines promulgated thereunder, the City has determined that this project is consistent with the previously adopted Negative Declaration No. 97-03 for the City's Development Code. Therefore, further environmental review is not required. Recommendation: Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Development Code Amendment No. 2002-01. 10. PANNING COMMISSION COMMENTS: 11. INFORMATIONAL ITEMS: 11.1 Public Hearina dates for future orolects. 12. SCHEDULE OF FUTURE EVENTS: 'TRAFFIC AND 'TRANSPORTATION I�OMMISSION MEETIN03: CITY COUNCIL MEETING: Thursday, March 14, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Tuesday, March 19, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive March 12, 2002 ADMINISTRATIVE REVIEW: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 13. ADJOURNMENT: Page 4 PLANNING COMMISSION Tuesday, March 26, 2002 — 6:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, March 26, 2002 — 7:00 p.m. `AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, March 28, 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 26, 2002 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Commissioner Kuo led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Nelson, Vice Chairman Joe Ruzicka, and Commissioners George Kuo, and ;Steve Tye. Commissioner Dan Nolan was excused. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Debby O'Connor thanked Commissioner George Kuo for his four years of service on the Planning Commission for the City of Diamond Bar. 3. 4. APPROVAL OF AGENDA: CONSENT CALENDAR: As Presented. 4.1 Minutes of the Regular Meeting of February 12, 2002. VC/Ruzicka moved, C/Tye seconded, to approve the Minutes of the Regular Meeting of February 12, 2002, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: CONMSSIONERS: CONMSS17ONERS: COMMISSIONERS: None None Kuo, Tye, VC/Ruzicka, Chair/Nelson None Nolan FEBRUARY 26, 2002 7. PUBLIC HEARINGS: PAGE 2 PLANNING COMMISSION 7.1 Development Review No. 2001-22, (pursuant to Code Sections 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 PROPERTY OWNER: Steven and Debbie Mott 480 Wayside Place Diamond Bar, CA 91765 APPLICANT: Jerry Lutjens - Landmark Development 19953 Valley Boulevard Walnut, CA 91789 DSA/Smith presented staff's report. 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. Chair/Nelson re -opened the public hearing. James Ables, Landmark Remodelers, thanked staff for allowing the applicant to redesign a feasible product and appreciated the Commissions reconsideration. Chair/Nelson closed the public hearing. DSA/Smith responded to C/Tye that during remodel projects, staff often requires that the damaged landscape be replaced. VC/Ruzicka moved, C/Tye seconded, to approve Development Review No. 2001-22, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Tye, VC/Ruzicka, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan M40 FEBRUARY 26, 2002 PAGE 3 PLANNING COMMISSION 8. STUDY SESSION: Discussion of Development Code Amendment (Computer Cafes). AssocP/Lungu presented staff's report. The public hearing will be rescheduled for March 12, 2002. Paul Esteves, Gamers-X, 926 N. Diamond Bar Boulevard, thanked staff for their interest in this matter. He acknowledged negative issues within the industry and supported standards and regulations for the PC Cafe/gaming industry. He believed the proposed ratio of staff to customer is unfair. At $2.00 per hour for computer use, receipts are inadequate to pay for additional staff and to generate revenue. He felt that properly placed security surveillance equipment systems would insure adequate monitoring. He requested that the hours of operation be amended to 12:00 noon to 12:00 midnight weekdays and 12:00 noon to 2:00 a.m. weekend evenings. He also took exception to the! two -bathroom requirement. He apologized for setting up his business prior to obtaining Conditional Use Permit approval. Sei Jong Oh, Market Workplace, said this business originated in Korea that currently provides 23,000 such businesses. Games are necessary to attract the students. Most young people stay for one to two hours to use the PC's and then go home to do their homework. VC/Ruzicka admires the imagination and creativity of people who wish to open new businesses in Diamond Bar. He asked if staff invited comments from the Sheriff's Department on this matter. He suggested that during a future public hearing that a Sheriff's Department representative be invited to speak about these types of businesses. DCM/DeStefano responded that staff sought input from Lieutenant Mike Walker from the Diamond Bar/Walnut Sheriff's Station whose comments are included in tonight's report. VC/Ruzicka believed that if potential problems are addressed in the beginning there should be no problem with this type of business. However, he was concerned about the expense of having local law enforcement respond to problems associated with this type of business. C/Tye asked if staff has received complaints from adjacent businesses about noise. DCM/DeStefano said he is aware of a complaint from a beauty salon about Gamers-X. There was a time when noise affected the salon and the problem was mitigated by the use of headsets. C/Tye, commented on the fact that a tenant improvement permit was issued under the pretext of computer retail sales, asked if any computer retail sales are taking place within these facilities. He also asked for advice regarding LA County's requirement for a business license. DCM/DeStefano said that staff is riot aware of any retail sale of computer hardware. However, there is some retail sales of computer games and accessory software. DCM/DeStefano spoke with FEBRUARY 26, 2002 PAGE 4 PLANNING COMMISSION the department director for business licensing with LA County. In order to require a business license for this type of business, a local ordinance needs to specifically create the requirement. As a result, the county will provide licensing services. C/Kuo was concerned with parking, security and noise issues. He felt that the parking spaces should directly relate to the number of computer stations. DCM/DeStefano stated that based upon survey of other cities, staff found that the ratio of one parking space per 35 feet of business space seemed to be the norm. These uses will require a conditional use permit that gives staff the opportunity to review each business on a case by case basis. C/Kuo was also concerned about the requirement for people under the age of 18 to be accompanied by an adult. Chair/Nelson said he shares VC/Ruzicka's concern about the Sheriff's Department having to spend time enforcing problems associated with feral adults on Saturday night when they should be out patrolling the community. The cost of security would therefore be the responsibility of the business owner. DCM/DeStefano pointed out that conditional use permit reviews contain clauses to insure the modification of conditions to meet changing uses or conditions of the facility. Such clauses can contain language to address an appropriate number of calls for service from the Sheriff's Department. DCM/DeStefano reiterated that the public hearing for this matter is slated for March 12, 2002. On that date, the Commission will be asked to make its decision regarding the ordinance. C/Tye asked that staff provide information regarding the shortfall in revenue percentage anticipated from closing these businesses earlier than requested by Mr. Estevez. 9. PLANNING COMMISSION COMMENTS: None Offered. 10. RECOGNITION OF OUTGOING COMMISSIONER GEORGE KUO. DCM/DeStefano thanked outgoing Commissioner Kuo for his four years of service to the Planning Commission. He reminded C/Kuo about the many significant policy decisions that the Commission made during his tenure. Staff especially appreciated his thoughtful examination of the staff reports prior to meetings and his participation in the decisions that helped the community. Commission Kuo will be missed. FEBRUARY 26, 2002 PAGE 5 PLANNING COMMISSION Chair/Nelson stated that on behalf of the Commissioners, they too appreciated Commissioner Kuo's critical attention to detail and contributions to sound policy decisions. Cornmissioner Kuo's daughter Emily presented him with a plaque. 11. INFORMATIONAL ITEMS: Reports provided by DCM/DeStefano on the following items: 11.1 Code Enforcement Enhancement. 11.2 Negative Declaration for Community/Senior Center. 11.3.x. City Council Appointments: Planning Commission, Parks and Recreation Commission, Traffic and Transportation Commission, Diamond Bar Community Foundation, and 'Wildlife Corridor Conservation Authority (WCCA). 11.3.1). Reorganization of Planning Commission — March 12, 2002. 11.4 Public Hearing slates for Future Projects 12. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Nelson adjourned the meeting at 8:23 p.m. Attest: Chairman Steve Nelson Respectfully Submitted, James DeStefano Deputy City Manager City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: V REPORT DATE: February 26, 2002 MEETING DATE: March 12, 2002 CASE/FILE NUMBER: Development Review 01-18, Minor Variance 2002-01 and Tree Permit 2002-02 APPLICATION REQUEST: The applicant is requesting approval of plans to construct a three (3) story single family residence of approximately 7,740 square feet with two attached two -car garages totaling 977 square feet on an existing vacant 57,934.8 square foot (1.33 acre) R-1 (40,000) zoned lot. Additionally, the applicant is seeking approval of a Minor Variance to deviate from the minimum required front yard setback distance, and a Tree Permit for the removal and replacement of a protected tree species. PROJECT LOCATION: 22509 Ridgeline Road (APN 8713-006-019) PROPERTY OWNERS: Jay Arora 1149 Grubstake Drive Diamond Bar, CA 91765 APPLICANT: S & W Development 20272 Carrey Road Walnut, CA 91789 BACKGROUND: The applicant, S & W Development and property owner, Jay Arora, have submitted an application for Development Review 2001-18, Minor Variance 2002-01 and Tree Permit 2002-02 requesting the approval of plans to construct a three (3) story single family residence with less than the minimum required front yard setback distance, and removal of a mature: native oak tree. The vacant: site has approximately 57,934.8 square feet (1.33 acres) of lot area with a northerly descending average natural slope of approximately 28.3%. The property is within a private gated community called "The Country Estates". The Country Estates Homeowner's Association has reviewed the proposed project. Correspondence received from the HOA is attached as an informational item. The City of Diamond Bar is not required to utilize the HOA information in its review and determination of project compliance with the City's General Plan and Zoning Regulations. However, the Planning Commission has requested that projects subject to HOA review should have completed the review process prior to consideration by the City. GENERAL PLAN AND ZONING The project site is zoned R-1, 40,000 (Single Family Residential) and has a consistent underlying General Plan Land Use designation of Rural Residential (RR). Adjacent properties to the south, east and west are similarly zoned and developed with single-family residences. However, the immediate adjacent lot to the west is currently vacant. The northerly adjoining properties are zoned R-3 (Limited Multiple Family) and developed as a residential condominium project. The General Plan land use designation of Rural Residential (RR) requires that the maximum density shall be one dwelling unit per acre with the applicable development standards established in Section 22.08.040 (Table 2-4) of the Diamond Bar Development Code. ANALYSIS: REVIEW AUTHORITY The proposed residential project involves the construction of one (1) single-family dwelling unit on an existing vacant lot. Section 22.48.020 requires Development Review by the City's Planning Commission for residential projects that propose new construction on a vacant parcel. As previously stated, the applicant is also seeking a Minor Variance to deviate from the minimum required front setback distance and Tree Permit to remove an existing protected mature tree. Section 22.44.020 identifies the Director of Community Development as the final decision -maker on a Minor Variance or Tree Permit application. However, when Development Review applications are coupled with other discretionary permits (e.g., Minor Variance, Tree Permit, etc.) they shall be acted upon concurrently and decided at the highest level of review authority (Section 22.48.030). Therefore, pursuant to the Code, the Planning Commission is the hearing officer for the Development Review, Minor Variance, and Tree Permit requests. DEVELOPMENT REVIEW The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process also ensures that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interests of residents, workers, shoppers, and visitors as the result of consistent exemplary design. The following provides 2 an overview of the proposed development as it relates to the City's adopted standards and applicable design guidelines, which are intended to minimize adverse effects on surrounding properties and the environment. Staff believes that the proposed development is in compliance with these provisions. Development Standards Each residentially zoned property, when considered for development, must maintain minimum front, side and rear yard setback areas in addition to other development and design criteria (e.g. parking, landscaping, height limits, lot coverage, etc.). The purpose of these development standards is to: provide for open areas around buildings and structures; to provide access, natural light, ventilation and direct sunlight; to separate incompatible land uses; to provide space for privacy and landscaping; to support public safety; and to preserve neighborhood character as stipulated in the City's General Plan. The following chart (Table 1) compares the City's applicable required development standards and the project's proposed development standards. Minimum Lot Area i 1 acre (43,560 S.F.) 1.33 acres (57,934.8 Residential Densi 1 Sin le Famil Unit &F)Yes 1 Sin le 1 it Unit Yes Front and setback 30' 26'-11" No Side yard setback each 115' & 10' 18'-5" & 13'-10" Yes Rear setback 25' 385' Yes l3uildin Hei ht Limit 35 feet maximum 35 feet Yes Hillside Development As required by Chapter Preserve the existing 22.22 Hillside Management) topography Yes Install ornamental plant Landscaping As required by Chapter material and stabilize 22.24 (Landscaping) and preserve the Yes hillsides Retaining Walls (height) 7 feet (maximum) 7 feet Yes Parking 2 in fully enclosed garage. 4 in fully enclosed Lot Coverage ara e Yes 30% .83% (approximately) Yes * Minor Variance requested to deviate frnrn minimi im roe u; t q men . As illustrated in the above chart, the proposed project's development standards meet or exceed the minimum Development Code requirements, with the exception of the minimum required front yard setback distance. However, as previously mentioned, the applicant is seeking approval of a Minor Variance to deviate from the minimum requirement. 3 Architectural Features and Floor Plan Layout The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design, and landscape architecture. Additionally, a primary objective is to promote compatibility with adjacent uses in order to minimize any potential negative impacts. In this case, the proposed project is a single- family residence to be located among other single-family homes of comparable size. The architectural style could be described as an eclectic Spanish Mediterranean design emphasizing the use of a variety of building materials for interest to include: bronze metal and red the roof, stucco exterior, ledge stone along the base of the structure, pre -cast concrete columns, and white vinyl windows and doors. The material/color board indicates earth -toned shades will be used for the exterior finish to soften the impact and assist in preserving the hillside's aesthetic value. The 7,740 square foot cantilever -designed residence proposes three (3) floors. The main floor (first) encompasses approximately 2,707 square feet and consists of an entry foyer, powder room, family/living room with wet bar, kitchen and breakfast nook, dining room, laundry room, bedroom with attached bath, and two two -car garages. The north -facing wail opens onto an outdoor deck area. The second floor accommodates a master bedroom with a bathroom, walk-in closet and anteroom. Additionally, it contains a study/library room, and a bedroom with attached bath in 2,102 square feet. Its north -facing wall also opens onto an outdoor deck area. Lastly, the lower floor has two bedrooms (each with an adjoining bathroom), hobby room, powder room, large center family room and separate storage room totaling 2,931 square feet. Similar to the other two floors, its north -facing wall opens onto an outdoor deck area. Grading/Soils The preliminary grading plan indicates that there will approximately 50 cubic yards of cut and 1600 cubic yards of fill in order to adequately grade the site. Additionally, based on the submitted soils and geology report prepared by EGL Inc., the site materials are suitable for use as compacted fill, and for construction of fill slope at a slope ratio of 2:1. Therefore, it is not anticipated that there will be a need for import soil. Also, the report indicated that there are no known active faults crossing the property. As a result, fault rupture near the project site is unlikely. Although City Planning staff has reviewed the preliminary geothechnical report, it must be reviewed by and accepted by the City's Public Works and Building/Safety Division's. As part of this project's conditions of approval, the applicant shall be required to submit a final grading plan and soils report for the City's review and approval. 4 Drainage As illustrated on the conceptual grading and drainage plan, adequate provisions shall be employed to provide appropriate drainage techniques. All roof and surface drainage shall be conducted away from foundation and slope areas, via engineered 'Y gutters, drainpipe, and catch basin system. The proposed riprap device and conventional terrace draining is in compliance with the provisions established in Section 22.22.090 of the Diamond Bar Development Code. However, staff believes that other methods, which promote drainage to conform to the natural landform, should be explored. This will ensure that the purposes of the City's hillside development standards are completely satisfied. Staff recommends as a condition of approval, that the applicant provide alternative drainage techniques to be reviewed and approved by the City Engineer. Retaining Walls Section 22.20.010 establishes requirements for fences and walls to ensure that these elements do not block views, provide adequate buffering between land uses, and are designed to provide aesthetic enhancement of the City. Additionally, the City's Hillside Management Ordinance (Chapter 22) encourages the terracing of retaining walls to break up mass and allow for more appropriately suited landscaping for screening. The project proposes a two-tiered retaining wall design along the north, east and west sides of the residence. As shown, they are in compliance with the adopted standards. Landscaping One of the main purposes of landscaping is to protect the public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment (Section 22.24.010). The preliminary landscape plan delineates the species, size and quantity of all plant materials utilized for the disturbed area of the lot around the proposed building pad. The plan provides for a variety of grasses and ground cover, flowering plants, and shrubs and trees. As part of the development, an existing oak tree must be removed, which the applicant proposes to replace. A more detailed description of the tree removal and replacement follows in the Tree Permit application analysis. It is staffs opinion that the landscaping as proposed will help to soften and enrich the appearance of the residence as well as provide an appropriate buffer between the adjacent land uses. However, the plans do riot indicate if the remaining portion of the lot (slope) will be re -landscaped or irrigated. Staff recommends, as a condition of approval, that the final landscape plan include the slope area, and be submitted to the Planning Division for review and approval. All landscaping and irrigation shall be installed prior to the project's final inspection or Certificate of Occupancy. MINOR VARIANCE REQUEST The applicant is also requesting approval of a Minor Variance to deviate from the minimum required front yard setback distance. Section 22.08.040 of the City's Development Code requires that a minimum 30 -foot front yard setback dimension be maintained for new 5 development within the R-1 (40,000) zone. The setback dimension is measured from the property line to the closest projection of the building. The purpose of this development standard is to create an open front yard area proportionate to the lot size that will promote a sensible building plan, and contribute to an attractive. street scene. Approval of a Minor Variance is intended to relieve the property owner from any inability to make reasonable use of their property in the same manner, that other properties of like character in the same vicinity and zone can be used, provided that the deviation is not contradictory to the goals and objectives of the General Plan, and not detrimental to the public interest, health, safety, convenience or welfare of the City. Section 22.52.020 of the Development Code permits a decrease, of not more that twenty percent in the required front yard setback. The applicant is requesting approval of a 3'-1" (approximately 9 percent) reduction. Based on the submitted design, the applicant contends that the proposed slight reduction in the required front yard setback will allow for a suitable site layout, which allows for the retention of two existing mature trees, and minimizes the encroachment onto the natural sloping topography. It is staffs opinion that the reduced setback would not substantially block the view or degrade the light and open space area of the easterly adjacent development. The westerly abutting site is currently vacant, therefore not impacted. Additionally, given the existing development pattern of the neighborhood, consisting of lots with various slope percentages, the intent of the Code to respect and compliment the front yard setback area of adjacent properties will not be compromised. Therefore, staff is of the belief that the slight deviation, in this case, would not be detrimental to the public health, safety or welfare of the community nor would it dispel the goal of the ordinance. TREE PERMIT REQUEST Although the site is void of any structures, there exist four large mature oak trees located in the southwesterly portion of the property. Based on the applicant's certified arborist report, the oaks range in diameter between 11 and 15 inches and all have an average to good health and asymmetry. As explained in Section 22.38.010 of the Code, trees are an important natural resource, contributing to the environment by replenishing oxygen and counteracting air pollution, controlling erosion, and providing wildlife habitat. The City's General Plan requires the preservation and maintenance of native trees including oaks. The intent is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement. Because of the location of the building pad, only one of the existing trees requires removal. Staff believes that the request is reasonable, and that efforts have been made to retain the trees without causing an undue hardship to the applicant's enjoyment of property. However, in accordance with Section 22.38.130 of the Code, staff recommends that the oak tree be replaced a minimum 3:1 ratio. Currently, the plans indicate a 2:1 ratio 1.1 replacement. The minimum size of the replacement trees should be at least a 36 -inch box specimen tree. PUBLIC: NOTIFICATION: This application was advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin on February 20, 2002. Every property owner within a 500 -foot radius of the subject property was sent a notice of the public hearing on February 25, 2002. A notice of public: hearing display board measuring at least 4 foot by 6 foot was posted at the site, in addition to a notice being posted at three public places for at least ten days prior to the hearing. ENVIRONMENTAL ASSESSMENT: Staff has conducted the appropriate environmental analysis in compliance with the requirements of the California Environmental Quality Act (CEQA), and based on that assessment, a Mitigated Negative Declaration of Environmental Impact was prepared and is made part of this administrative record. RECOMMENDATION: Staff recommends that the Planning Commission open the public hearing, receive testimony, close the public hearing and: 1) approve the Mitigated Negative Declaration of Environmental Impact; and 2) adopt the attached Resolution approving Development Review 2001-18, Minor Variance 2002-01 and Tree Permit 2002-02 allowing for the construction of a three (3) story single family residence in the R-1 (40,000) zone with less than the minimum required front yard setback distance, and removal of a mature native oak tree, subject to the execution and/or fulfillment of the conditions specified in the Resolution. FINDINGS OF FACT: The following are the required findings for each of the discretionary actions: Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, staff of the belief that the following findings can be made and upheld in the affirmative based on the above stated rationale and as discussed below: 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 special areas (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 developments and will not create traffic or pedestrian hazards. 7 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance he harmonious orderly and attractive development contemplated by the Development Code, the General Plan 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, and will remain aesthetically appealing. 5. The proposed development 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. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Minor Variance Based on the limitations set by the City's Development Code (Section 22.52.040) requires that a Minor Variance may be granted only if it could be shown that all of the listed findings of fact are in evidence. All findings must be justified and upheld in the affirmative for approval of the Minor Variance; only one (1) finding requires a negative response to uphold a denial. Staff believes that the findings for approval of the Minor Variance can be made in this instance based on the aforementioned discussion, and as explained below: 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with development standards. 2. Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. 3. Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Tree Permit In accordance with Section 22.38.110 (Findings for Approval) of the Diamond Bar Development Code, it shall be necessary that only one of the following findings be made to approve a tree permit application. Staff's assessment is that the finding "G" is justifiable and defensible, and therefore the permit shall be granted. 1. The tree is poorly formed due to stunted growth that its preservation would result in any substantial benefits to the community. n 2. The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s). 3. The tree is a potential public health and safety hazard due to it falling and its structural instability cannot be remediated. 4. The tree is a public nuisance by causing damage to improvements, (e.g. building foundations, retaining walls, roadways/driveways, patios, and decks). 5. The tree is host to an organism, which is parasitic to another species of tree, which is in danger of being exterminated by the parasite. 6. The tree belongs to a species, which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard. 7. Preservation of the tree is not feasible and would compromise the property's owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards). CONDITIONS OF APPROVAL: 1. The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on March 12, 2002 and as amended herein. 2. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, the applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 3. The Community Development Director or his/her designee shall approve minor variations or modifications to the site plan and/or elevations in advance. 4. The applicant shall comply with the mitigation measures as outlined in the adopted Mitigated Negative Declaration of Environmental Impact. 5. The applicant shall be required to submit a final landscaperrrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Division. The plan shall include a minimum of three 36- inch box trees. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. 6. The applicant shall comply with the recommendations outlined in the certified arborist report (Finch Tree Surgery Incorporated, dated January 16, 2002) for protecting the two oaks trees to remain during construction. 9 7. Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline evidence of compliance with this requirement may require a height survey at completion of framing. 8. The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to 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. 9. All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. 10. 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 the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 11.The applicant shall comply with the requirements from the City Engineer and Public Works Divisions. 12. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPDES permits. 13.The applicant shall be required to submit a final grading plan and soils report for the . City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. 14. Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 15 The proposed construction plans shall be submitted to the Fire Department for review and approval. 16 Applicant shall make application to the water purveyor as necessary, and shall submit the evidence of their approval to the Planning Division prior to the issuance of building permits. 10 17.All utility service to the proposed project shall be installed underground 18. This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlement shall automatically 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 may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. 19. This entitlement 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 the approval date, 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 become effective until the permittee pays any remaining City processing fees. Prepared by: LDM Associates Incorporated Planning Consultant ATTACHMENTS: 1. Draft Resolution of Approval 2. Initial Study/Mitigated Negative Declaration of Environmental Impact 3. Site Plan, Floor Plan and Elevation Drawings 4. Conceptual Geotechnical and Geological Report (dated, February 13, 2001) 5. Arborist Report (dated, January 16, 2002) 6. Applications F-3 B. PLANNING COMMISSION RESOLUTION NO. 2002 -XX vv A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-18, MINOR VARIANCE: NO. 2002-01, TREE PERMIT 2002-02, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT ALLOWING FOR THE CONSTRUCTION OF A THREE STORY 7,740 SQUARE FOOT SINGLE-FAMILY RESIDENCE ON A VACANT 57,934.8 SQUARE FOOT (1.33 ACRE) R-1 (40,000) ZONED LOT WITH LESS THAN THE MINIMUM REQUIRED FRONT YARD SETBACK DISTANCE, AND REMOVAL OF A PROTECTED TREE SPECIES. THE PROJECT SITE IS LOCATED AT 22509 RIDGELINE ROAD (APN 8713-006-019), DIAMOND BAR, CALIFORNIA. RECITALS. 1. The applicant S & W Development, acting as the agent for the property owner, Jay Arora, has filed an application for Development Review No. 2001-18, Minor Variance No. 2002-02, and Tree Permit No. 2002-02 for property located at 22509 Ridgeline Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance, Tree Permit, and Negative Declaration of Environmental Impact shall be referred to as the "Application." 2. On February 25, 2002, public hearing notices were mailed to approximately 110 property owners within a 500 -foot radius of the project site, and posted in three public places. On February 26, 2002, the project site was posted with a display board. On February 20, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. 3. On March 12, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission finds the attached Mitigated Negative Declaration of Environmental Impact adequate as to form and content, and hereby approves the same pursuant to Title 14, California Code of Regulations, Section 753.5(c)(1), and further finds that there is no evidence that the proposed project will have any potential impact on wildlife or their habitat; and therefore, the project is not required to pay Fish and Game Department filing fees. The Planning Commission hereby specifically finds and 6ines 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is a vacant parcel of land, which is located in the gate -guarded community known as the Country Estates. The site contains 1.33 gross acres of land area. The site is subject to recorded "Restricted Use Area", Private Street Easements, and CC&R's. The site is rectangular in shape; it fronts on a private street (Ridgeline Road); and it slopes in a northerly direction. The site currently contains several mature trees. (b) The project site has a General Plan land use designation of Rural Residential. (c) The project site zoned R 1,40,000 (Single -Family Residential). (d) Generally, the site is surrounded to the south, east and west with R-1, 40,000 zoned properly. Properties abutting to the north are zoned R-3 (Limited Multiple - Family). Development Review Pursuant to Section 22.48.040 (e) 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 special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is a vacant single-family residential estate parcel of land located in the developed "County Estates" On July 25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 (40,000) zone and the City's Hillside Management Ordinance. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments and will not create traffic or pedestrian hazards. The project site is an existing vacant single-family residential estate parcel of land surrounded by existing residential development. The proposed project would complete and compliment the development of the neighborhood. (g) . The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance he 2 harmonious orderly and attractive development contemplated by the _Development Code, the General Plan or any applicable specific plan. The proposed project is consistent with the surrounding development in terms of mass and scale. Access to the proposed project is obtained from a fully developed private street. (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, and will remain aesthetically appealing. The eclectic ,Spanish Mediterranean style proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. (i) The proposed development 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. Before the issuance of City development permits, the proposed project is required to cornp/y with all conditions set forth in this resolution and the Building and Safety Division, Public Worms Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. G) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The appropriate environmental analysis, in compliance with the requirements of the California Environmental Quality Act (CEQA), has been conducted. Based on that assessrnent, a Mitigated Negative Declaration of Environmental Impact was prepared and is made part of this administrative record. Minor Variance Pursuant to Section 22.52.040 (k) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with development standards. The size and shape of this property is typical of those in the general vicinity. However, it does have a varying sloping grade, which strict application of the Code in this instance would prevent the site from promoting a design that respects and protects the natural topography and its plant species. Thus, without the requested minor deviation of the required front yard setback, the intent of the Code that hillside developments shall be concentrated in those areas with the least environmental disruption would be impacted. 3 (I) Granting the Minor Variance is necessary for the preservation, and enjoyment of substantial property rights possessed by other property ownervin the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. The granting of the Minor Variance would allow the applicant to construct a conforming single-family dwelling of reasonable and comparable size and quality, and would not result in a haphazard layout of the land use. The proposed development will be consistent with the quality of the surrounding neighborhood. Additionally, the single-family home would not alter the existing established character of the neighborhood. Strict application of the Code, in this instance, would be detrimental to the established neighborhood and be conflicting to the essence of the requirements. The resulting deviation from the minimum required front yard setback distance would still provide a sufficient open area that does not hinder the adjacent properties views nor disrupt the established street scene. (m) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. The proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan and any applicable specific plan. Additionally, the requested deviation from the minimum required front yard setback distance is relatively minor given the circumstances, and would not cause any negative impacts, and the intent of the Code will still be satisfied. (n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fine Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. (o) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The appropriate environmental analysis, in compliance with the requirements of the Califomia Environmental Quality Act (CEQA), has been conducted. Based on that assessment, a Mitigated Negative Declaration of Environmental impact was prepared and is made part of this administrative record. Tree Permit Pursuant to Section 22.38 (p) Preservation of the tree is not feasible and would compromise the property's owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards). S r Given the location of the building pad it is necessary to remove the existing native oak tree. To maintain the tree would place an unreasonable hardship on the applicant to construct a residence with a logical and rational layout that respects the varying topography. However, the tree will be replaced at a 3:1 ratio with a compatible species and a minimum box size of 24 inches. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to compliance with the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on March 12, 2002 and as amended herein. (b) The site shall) be maintained in a condition, which is free of debris both during and after the: construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, the applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The Community Development Director or his/her designee shall approve minor variations or modifications to the site plan and/or elevations in advance. (d) The applicant shall comply with the mitigation measures as outlined in the adopted Mitigated Negative Declaration of Environmental Impact. (e) The applicant shall be required to submit a final landscaperrrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Division. The plan shall include a minimum of three 36- inch box trees. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. (f) The applicant shall comply with the recommendations outlined in the certified arborist report (Finch Tree Surgery Incorporated, dated January 16, 2002) for Protecting .the two oaks trees to remain during construction. (g) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline evidence of compliance with this requirement may require a height survey at completion of framing. (h) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similartypes of disturbances. Nor shall the project be operated so as to 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. 5 (i) All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. (j) 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 the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. (k) The applicant shall comply with the requirements from the City Engineer and Public Works Divisions. (I) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPDES permits. (m) The applicant shall be required to submit a final grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. (n) Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. (o) The proposed construction plans shall be submitted to the Fire Department for review and approval. (p) Applicant shall make application to the water purveyor as necessary, and shall submit the evidence of their approval to the Planning Division prior to the issuance of building permits. (q) All utility service to the proposed project shall be installed underground. (r) This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlement shall automatically 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 may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (s) This entitlement 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 the approval date, 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 become effective until the permittee pays any remaining City processing fees. C:1 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: Jay Arora, 1149 Grubstake Drive,Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 12"' DAY OF MARCH 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Chairperson I, James DeStefano, Planning Commissiion Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12'' day of March 2002, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: .lames DeStefano, Secretary 7 _ CITY Ur �UVVIU D bAA COMMUN. ! DEVELOPMENT DEPARTAff.NT _ - 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 / C� f.1,11,1-VARIANCE jNVARIANCE APPLICATION Ptecord Owner A—licnnt Nauta __, J!f V R Ar . Say 4AU name first) Address I I a Co izU.l; 5rkr- City_ umi2L aeqL � �I?tg Phone( )_ (LMA name last) Wm.nlu,T , C -Pt FPL N ( ; Deposit $ ReceipU , By Date Recd - Applicant's Agent j oN/.sanJ , QC/S fu (Last namest) NOTE: It is the applicant's responsibility to notify the Commlln ty Development Director in writing of any change of the principals involved during the processing of this ase, (Attach separate sheet, if neccasary, including names, addressees, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the owner o request. f the herein desenIked property and permit the applicant to ftle this Signed (All re 0�z. Date a C7 /Q"fI Cern; jieatfon: I, the undersigned, hereby cerg& UAder penal& Operjury that the it{ jormadon hero prorlded is correct to the best of my knowledge. Print Name A f_a: !/1Ci1G7 �'nwr.l -f Signed (Applicant or�ge'tj Dateg DY Location LLT I O F -W-, b'f • T N 1 n 2 .v, G' 1 I -Izb� (Street address or tenet and n1 between and (Street) (street) Zoning RM Project Size (gross acres) tj &—r—Project Density,,— AC Previous Cases Present Use of Site Use applied for �rly r FXry�tt.Y I?V 0Qr-rfA2 _/1w!;, (RUCTIONS: - VARIANCE APPLICATIOi ?be information .p&ested must be cornp4o d for all Varfawm applisssioat. ?lie sewnd half of the form idrntifiu the various specific types of application requests batt] mode. Hem, you +my1B= out f"u the pertinent sections. The detailed instructions which follow aplafn only those itaw not dearly self-evident or requiring greater ampbfucatim if there are any questions, please call (909) 396-5676. You may alto obtain a counseling appoindnent on how to JW out the applicatlon by a dung this number. 1. Complete and submit acs cW of chs Vatisaos application. N a Variance is submitted with any number of other, requests, submit the apprapdate materials that a000mpsny each request - 2. The Varimm application form MUST either be signed by the owneds) of the subject property or the application must present a statement sigma by the PioPerty owner(s) tib him the right to file the case. Purchaser in Escrow is not acceptable. A planner will assist you in filling in the following information. 3. Zoos may be identified an chs Houss Nainbeting Map.. 4. HNM—House Numbering Map. 5. Use applied for • Describe the proposed project is detail—ebs nate s of the business, occupation or purpose for which the stttimetsure or improvement or piesis are to be used and wbat is to be done on or with the property in the way of additional improvements. Domestic water source and method of sawage disposal should specify type of source, name of service agency and district. 6. Legal Description: A separate complete legal description MUST be typed on or attached to EACH form requiring a legal description, that is Zoning Application, Certified Psvpesty Owners List Affidavit and plot plans. Provide a copy of the Title which should bWhWe any Canditions, Covenants & Restrictions (CC&R's). 7. Burden of Proof. Complete and submit the 'Burden of Proof" statement. The answers to all questions must be complete 'Yes' and 'No' answers ars NOT acceptable. 8. Land Use Vicinity Maps: One full size blue print of 700' radius land use map (folded no larger than 8' x 14' with the location of the subject property an the frost). Include 30 reduced copies (reduced to WA x 11). Maps are to be the scale of one (1) inch to 100 fest, (except for very large arras requiring a map of more than 9 square feet) showing due subject property and all mumanding now, streets, highways, alleys, rights-of-ways,and lot cuts. Include tract and lot numbers. Oud o subject property on all oopia of the map. A margin should be left wound the edges of the map after drawing the 700 foot radius. 9. All vicinity maps and plot pLm west be properly identified and individually folded to oessure no larger than 8' x 11' with the location of the abject property an the front. Subunit 15 full size blue prints of sits plans (calling out materials and including position of lighting) of tract maps, elevations (north, east, wed, & south), landscape plans and 30 reduced copies of the above ileacs (seduced to 8%* x 11'). 10. Surrounding iproperty Owners: Two full size blue prints of SW radius surrounding property owners (folded no larger than 8' x 14'). Provide completed Ownership list, certified to be connect by affidavit. and two (2) separate sets of self adhesive address labels indicating surrounding property owners' assess and addresses from the latest assessment roll (typed). Include the names and addresses of the applicant and agents. ALL LABELS SHALL BE CROSS REFERENCED TO PROPERTY OWNERS' MAP AND LIST. 11. Occupant Load: In addition to the required plot plans one copy of a floor plan layout is required when the proposed request requires parldng other that for general aoamamial or industrial uses (theaters, restaurants, bars, and other places of public assembly). The floor plan must be accompanied by a stamped and signed "Application for Determination of Assembly Am Occupant I osd for Parking Requirement Pim•• VARIANCE APPLICATION CHECKLIST A. AlIp14�ion B. legal 17eecriptioa C. Burden o Proof D. Ind Use'Vicinity Maps: one full sine and 3o reduced copies E. Surrounding'Property Owners: Map• two full aim copies Ownership list. am , Self-adhesive Labels: two soft F. 00m pact Dead i O. Initial Study Photographs: two sats Plot plana where appropriate, with contours ahovviag: 1. Grading for proposed buildable sites and access. 2. Loation, apedss same, ais sed condition of wk trees and other significant trees, or a letter indicating that no such trees ace m an sine. Environmental Information form H. Project Maps: 12 fill size and 30 reduced copies of: Site Plan Elevation Plan L Filing Fee Revised 1195 Variance :ERTIFIED PROPERTY OWNER'S UST AFFIDAVIT ZONING CASE NO STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, , dWm under paaalty of perjury, pursuant to Section 2015.5 of the Code of Civil Promdure, that the sawbed Hat eaatains dw acmes and addresses of all person who are shown on the latest avaihMe asaestmeat roll of the County of Loa Angeles as owners of the subject property and as owning property within a distance of five hundred (S00) feet from the exterior boundaries of property legally described as: Executed at this day of , 19 California, Sigoatum Staff Use Project No. INITIAL. STUDY QUESTIONNAIRE A. GENERAL INFORMATION Prged Applicant (Owner): Project Representative: NAME NAME it oti 6W,65TAW e gwr leo ADDRESS ADDRESS PIPrYnot"V OWL, OPr q 13b 5 Lu'/r►,t�'wT ; �� RIvi PHONE N PHONE P 1. Action requadul and projea description: MINN-- (JiWAWGE CQWr YA90 ECT RAZ is I S '26' - (I , j b I fv j2 OSPG .SeMON 2 2, S.� . O� c . F , A DECPCNA 0 OP NGT 2-07c PT-TH ; 9E-�IPM SETB ttK- O f 73,7- FT 2. Sheet location of project: vZu2 Sa( %iP C E -LINE RD r DiA•rvw tiro f>at- ; CA q I -n 3a. Present use of site: -CAV( L-bT 3b. Previous use of site or structures:_ UAribiT LOT 4. Plane list all previous cases (if any) related to this project: 5. Other related permit/approvals required. Specify type and granting agency._ t4 w 6. Are you planning future phases of this project? Y N� If yes, explain: 7. Project Arra: Covered bq structures, paving: Pg. open :Para: 5 , F. Total Arae /LG 512 113A4. A,L, B. Number of floors: 3 9. Present zoning: 20. Do your opmdons it , e any peens ArM tanks? If yes, explain 21. Identify any flammable, reactive or explosive materials to be located on-site. Nb IF 22. will debvm or ddpmeat trudts Mavd tbtauo residential ares to reach the nearest highway? YES 10 j If yes, mtplain VARIANCE CASE -BURDEN OF PROOF In addition to the information required in the application, the applicant sball substantiate to the satisfaction of the Planning Commission, the following facts: A. That the requested use at the location proposed will not: 1. Adversely afk`ad the health. perm comfort or welfare or persons hiding or working in the on. awding area, or 2. Be materially detrimental to the use. enjoym®t Of valuation of property of other persons located in the vicinity of dim site, cc 3. Jeopardize, endanger or other wise constitute a menace to the public health, safety or general welfare. T "Ail NOT, B. That the proposed site is adequate in sine sad shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescnibed in this Ordinance, or as is otherwise required in order to integrate said use with the uses in the surrounding area. C. That the proposed site is adequately served: 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By oche public or private service facilities as ata required. Yes D. That there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which ate not generally applicable to other properties in the same vicinity and under identical zoning classification. - 3. Ars there any major trees on tha w* iaeludiag oak trees? YES NO If yes, type and number. 4. Win my Miura, watereoursek surface flow patterns, etc., be changed through Project development?: YES 0 If yea, cgdain: S. Grading: Will the project require grading? yES NO If yes, how may cubic y.r&? Will it be balanced on-site? YES NO If not balanced, when will dirt be obtained or deposited? 6. Are there any identifiable landslides of other major geologic hazards on the property (including uncompacted fill)? YES If yes, explain: 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? YES DIstance to nearest fire station: 8. Noise: Existing noise sources at site: Noise to be generated by project; Fumes: Odors generated by project: Could toxic fumes be generated? 9.. What eaergy-cooserving designs or material will be used? ,. CONMI N DEVELOPMENT DEPARTMENT t �, FPL # Y-00 21660 E. Copley Drive Suite 190 Deposit S a -c- (909)396-5676 Fax (909)861-3117 Receipt# • • r . C TREE PE UM APPLICATION Y By ` Date Recd i Record Owner Applicant AppIicant's Agent Name fY1Zw' m 0�Y _ S ll (.ti fZ�J h�'ML'iJr �:Ail•S/.M l��S (Last nun Ira) Ust name fust) (Last name first) Address 2V2---Jq a- IZl) zip PhM* PhMKIfl- gig -SOdo Mmeq if, qx- - Fc cc, NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this can. (Attach separate shed, if necessary, including name,, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: 1 certify that I am the owner of the herein described property and permit the applicant to frk this request. Signed t! Date d (All record 646s) s) Certification: 1, the undersigned, hereby certjJj► tender penalty of perjury that the WonnatPon herein provided is correct to the best of my knowkdge. Print Name Signed / ffivp ' t4 Date�t Y (A&Iicafit or Adkntl Location (i.e. addrdss or general description of location) and legal description of property in queation:.(use additional sheets as necessary) LCC �. o f 71eACT FJo. `3o0 1 1 2 2 W (�-tol ew s l�il� ►y�LN�) 6AV- , CA q I -bf; How many oak trees will be cut, removed, relocated or damaged? How many oak trees will remain? t Will tre&to be removed be replaced? Z If yes, indicate the proposed size, type, location (indicated on site plan) and schedule for planting. Are trees to be tdoated? I�0 If yes, identify who wM move them and their quaUfiatiaos for doing this. . OAK TREE rntMrr CHECKLIsr . A. Application B. Burden of Proof C. Two oak tree repw for each tree on the site D. Environmental information form which. iaaluda: Preliminary mmis:eport r1 4 Preliminary Geologic Investigation ` Drainage study Topographic map Tract map. Parcel map or Plot Plan- Phowgragbs of the site with key diagram E. Filing Fees Revised 1195 Oak Tree BURDEN OF PROOF Submit additional sheets describing bow the following findings will be satisfied. A. That the proposed construction or proposed use will be remaining tris snbjeu to this Part 16 >�lished without endangering the health of the Chapter 22.56, if any, on the subject property, and B• The removal or relocation of the oak ttes(s)divermon or proposed will not r+eatlt is soil erosion through the mcreased flow of starface waters which caoaot be ptisfacton7y mitigated, and C. That in addition to the above feed at lent we of the fo Il°R'mY findings apply: I . That the removah or nelocWaa of the ant tree(s) proposed is present loation(s) frustzistes the planned ' °00e�' a: continued existence at such as extent that P rosprovea>cat or proposed use of the subject propel, to a. Alternative development plass cam achieve the same permitted density or that the cost Of such alternative would be prohibitive, or b. Macement of such tr*S) Pmalwas the reasonable and efficient use of suchro a use otherwise authorized, or P Pah' for That the oak trees) proposed for removal or relocation interfere with utility services or streets and highways either within or outside of the subject property and no reasonable alternative to such intutem exists other than removal of the h*s), at 3. Tl�thetion of the oak tree(&) proposed for removal with refermce to seriously debilitating Procedures and or danger of is such that it cannot be t+emedied through reasonable preservation Pte• Date:' G L Applicant's Signature .� REQUIREMENTS FOR OAK TREE PERWr Two (2) oak tree reports certified by the applicant to be true and correct and Development Director is required fur each tree shown an the site Phan. Each e*t. required "table umm the Community shall contain the following information: subsection S below, 1 • The name, address and telephone number during business hours of the prepares. 2. Evaluation of the physical structure of each tree n follows: b. The diamda %,. the tree's canopy establi&M the dripline. C. Aesthetic assessment of the tree considering factors such, as but not limited to, symmetry, broken branches, unbalanced crown, and excessive horizontal branching. d. Recommendations to remedy structural problems where required. 3. Evaluation of the health of cath im as follows: a. Evidence of disease such ,w oxfoliation, leaf scorch an exudations. b. Identification of insect pasts su& as twit gbdlw - boners. termitu, pit scale and plant parasites. C. Evaluation of ri=ot emb as now tip gam, good leaf Dolor, poor leaf color, abnormal. bark, deadwood, and thinning of crown. d. Health rating based an the archetype tree of the same species. C. Recommendations to improve fres health such as, insect or disease control, pruning, and fertilization. 4. Evaluation of the applicant's proposal as it impacts each tree shown an the site plan including suggested mitigating and/or future maintenance measures where required and the anticipated effectiveness thereof. 5. Tia location of all oak trees subject to regulation under the provisions of Section 22.56.2060 and 22.56.2070 of the Zoning Ordinance, proposed to be removed and/or relocated or within one hundred feet of proposed construction, grading„ landfill or other activity. Each tree shall be assigned an identification number on the plan which shall be uhliaed in the oak bw report and for physical identification on the property where required. The dripime sball be shown for each plotted tree. The requirement for an oak tree rcport may be waived by the Community Development Director where a tree is proposed for removal and such information is deemed unnecessary for processing the application. &3 lentil Information Dorm for Residential (To be completed by applicant) General Information: Date Filed: Pertinent Permits/Apptiations: Project Information: 1. Name, Address and Phoe Number of Projed Sponsor. 2. Name, Address and Phare Numb# of Key Contact Per (s): 3. Project Address: 4. Project Asse'ssor's Block and Passel Number(s): 1-L'T /9 OF 7R.AT7 IV '�aGql 5. Other Identification (other recMded/mop location i*mxion): 41WIIgIr 45;17795 6-A. Does the project require any of the following actions by the City: YES NO Administrative Development Review ►� Development Review Conditional Use Permit: General Plan Amendment: Plot Plan Review: Subdivision: Variance: Zone Change: 6-B. List and describe nay other related standarda, permits and other public approvals relevant to this project, including those required by city. regional, state and federal agencies: General Plan Designatiion: Zoning: _ a. Proposed Specific Use of Site 64,j g /IL Project Description 9-A. Site Dimmsions and Gross Area: 9-B. Legal Description of the Pro act: (atrech copy to thin L(7 N V F K�tG7 IVO 9F/71%w 9'/?3 - ccE - cl� 10. Describe public or private utility essenmts, utility lines, structures or other facilities which exist on the surface or below the smf= of the project site. AX M'1 -177e3 0AIWA�CU*2 11. Associated Projects: Projects or potential projects which we directly related to this project ( i.e. potential developments which require completion of this project): 12. Describe any anticipated phasing for this project: (number of units cit time frame) 13. Attach one copy of each of the following: a. Preliminary Soils Report b. preliminary Geologic Investigation. C. Drainage Study. d. Topographic Map highlighting any existing slopes of 25 S or more. residential unit 's (f Mown). and my arms with slopes 25 "' more. f. Photopaphs shu-ving the site from diffmo Cm: north, south, east. west) vantage points and photog-y— showing vistas (ie: north, south, east, wast) from the site. Are the following items applicable to the proposed prglad or its effects? (Discuss below all items which apply to this project: attach additional aheets as necessary) 14. Grading: Maximum depth of eacr atian: Maximom depth of fill: Quantity of soil moved: —cohic yam, Will that be an on-site balance of an and fill?: is. Piewsl.ed: Describe any change is the appaatanw of the amts resdtint hem the project as proposed. t9 . �. 7�ldaiJ i ;iyY�7NJ'r3" 16. Describe how the proposed project will fit into its arrronadings (i.e. will the proposed project blend into and existing neighborhood? How will it ,date to the size, aca* style, and character of the existing sunounding development9 17. Describe any alteration of the existing drainage patterns4 or potential for changes in surface or ground water quality or quantity. (i.e. will the flow of any p Kmanent or intermittmtarrtice/subsarfacs water change as a result Of this project? How? Will there be any injection we11s, septic systems, or other facilities which may affect surface or subsurface water quality?) 18. Describe any lont-term noise and/or vibration which may onus, as a reach of this project: (after construction will this project directly or indirectly cause the generation of noise and or vibration greater than any that exists n0w9) 19. Describe my residential 000druction proposed on filled land (Le. identify the lot member of each structure proposed to be built of filled land). 20. Do my significant trees most an the ptojed site novel! Describe the effect this project will have an tbem (i.e. Oak and walnut teem are considered sigaifiamt). Daum' whether the proposed project Will dihave eurb or cause removal of my of thane trees. 7 tc dwrie- TG3 z Z– .c/-WsT;,U�� nt121P,-e7&Z7' cry/ to Xe7XV7& — D (P" / JJrs- �v�s ,-n om, — ., 1""?AJr;z P4 -w) 21. Is the project site locate. �j a national, dste, regional or locally designat;_ era of historical. environments] or other significance? If so describe. (.e, is the site an area designated as a hillside management area, significant ecological area, significant mineral resource ams, etc.) Ettriromaental Setting: 22. Describe the eavironmental setting (synopsis) of the project site. This narrative shall include a description of the soil stability, slopes. drainage, wade, quality, plants, and animals which may exist on the site now, and any existing sttucduns and the existing land ttse of the project site. 23. Describe the surrounding properties (synopsis). 'Ibis narrative shall inctude a description of the soil stability, slopes, drainage, scenic quality. plants, and animals which may exist. Indicate the type of land use (residential, commercial, etc.). intensity of land use (single-family, multi -family, density, commercial, professional, etc.), and scale of development (height, frontage, set -back, e0a.) in the adjacent su n=nkling area. Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for initial environmental evaluation of the proposed 'ecu.All information is to the best of my knowledge, belief and ability to determine factual, true, oorroct � lake. Date: //h'/C Y Signature: For S $-tv �L Completion of this form is required to begin review of a prvjed hfamadon within thin form and the required attached materiab will assist the City in desamining whether a Negative Declaration may be granted, whether a Mitigated Negative Declaration may be gratued, or whether Enviromiental ImpactReport shah be regnins& •vC04 *64 •V.�iruai+l�� ate-' Environmental Geotechnology Laboratory `g _ :16 ��a,d ' n February 13, 2001 S & W Development 20272 Carrey Road Walnut, California 91766 Attention: Mr. Simon Shum Subject: Conceptual Geotechnical and Geological Report Proposed Residential Development Lot 18, Tract 30091, Diamond Bar, California EGL Project No.: 01-181-001EG Gentlemen: In accordance with your request, Environmental Geotechnology Laboratory, Inc. (EGL) is pleased to submit this Conceptual Geotechnical Engineering and Geological Report for the subject site. The purpose of this report was to evaluate the subsurface conditions and provide preliminary recommendations for foundation designs and other relevant parameters of the proposed construction. Based on the findings and observations during our investigation, it is concluded that the proposed construction of the subject site for the intended use is feasible from the geotechnical engineering and geological viewpoints, provided that specific recommendations set forth herein are followed. This opportunity to be of service is sincerely appreciated. If you have any questions pertaining to this report, please call the undersigned. Respectfully submitted, Environmental Geotechnology Laboratory, Inc. 4' 1616 S. Exp. 0 0l x k CF 'A0 ! i Jack C. Lee, GE 2153 ' ; T. Hank H. Jong, Ph.D, CEG 1646 Principal _'`J. Principal RJ/JL/JCL/HJ/rj Dist: (4) Addressee 11823 Slauson Avenue, Unit 18, Santa Fe Springs, CA 90670 - Tel.: (562) 945-0689, Fax: (562) 945-0364 E-MAIL: EGL88@AOL.COM 5.0 CONCLUSIONS Based on the results of our subsurface investigation, it is our opinion that the proposed residential construction is feasible from a geotechnical standpoint, detailed grading and foundation design recommendations will be provided upon the grading plan become available. The following is a summary of the geotechnical design and construction factors that may affect the development of the site: 5.1 Seismicity Based on our studies on seismicity, there are no known active faults crossing the property. However, the site is located in a seismically active region and is subject to seismically induced ground shaking from nearby and distant faults, which is characteristic of all Southern California. 5.2 Seismic Induced Hazards Seismic related hazards such as liquefaction, seismic induced settlement, seiches, tsunamis, and ground rupture is considered low at the subject site. 5.3 Excavatability Based on our subsurface investigation, excavation of the subsurface materials should be able to be accomplished with conventional earthwork equipment. 5.4 Suitability of On -Site Materials Site materials are suitable for use as compacted fill, and for construction of fill slope at a slope ratio of 2.1. 5.5 Soil Removal and Recompaction Based on our investigation, it is concluded that the existing surficial soils may not be suitable for structure support as they presently exist and will require remedial grading as discussed herein. 5.6 Slope Stability No evidence of any landslide were observed during our field investigation. The site is underlain by thin layers of fill/slopewash and interbeded shales and sandstone/siltstone of Puente Formation. Geologic conditions are favorable to the existing natural slope. Stabilization fill is not anticipated at the subject site. Fill slope should be designed at a slope ratio of 2:1 or flatter. 5.7 Groundwater Groundwater was not encountered during our field exploration. In our opinion, groundwater will not be a problem during construction. r tu- nch► Tree Sur3ery-, enc. Mr. Cris T ongson S&W Development 20272 Carrey Rd. Walnut CA 91789 22509 RIDGELINE RD -OAK REPORT INTRODUCTION ■ ASSIGNMENT: Professional Tree Management Since 1946 January 16, 2002 Inspect four Quercus agrifolia, coast live oaks as noted on the attached landscape plan and evaluate the impact of constructing the proposed residence and installing landscape. Comment on their condition, maintenance needs and protection measures during construction. ■ CONTINGENT AND LIMITED CONDITIONS: Excavation of soil around the roots or invasive inspection of the roots zone below the surface is not practical within the scope of this assignment. Therefore, impact to the roots is based upon subjective analysis and professional experience of similar trees and situations. Evaluation is based upon site inspection compared to the Landscape Planting Plan of famous Garden, Inc. dated January 4, 2002 as attached. I assume all services to the house will. be distributed from above and no trenching is required near the canopy of the trees. EVALUATION • OBSERVATIONSI: 1. Oak 41, with a diameter of 14 -inches is a tree of good health and condition. 2. Oak #2, with a diameter of 1 I -inches is a tree of good health with a significant asymmetry. Locate on attached landscape planting plan and photo. Z Measured at 4 '/z feet above grade. P.O. Box 907, San Gabriel, CA 91778-0907 841 E. Mission Dr., San Gabriel, CA 91776 626. 286-2716 FAX 286-8169 22509 Ridgeline Rd—Oak Report 17 January 2002 Finch Tree Surgery, Inc. Page 2 3. Oak 93, with a diameter of 18 -inches (measured 18 -inches above grade due to low branching) is of good health with moderate asymmetry. - 4. Oak #4, with a diameter of 15 '/z -inches is of average health. It has a significant decay hollow rising at least 3 -feet from the ground up the center of the trunk. This oak is marked for removal with a plan to replace it with two 24 -inch box oaks planted near the front of the structure. 5. There are 3 other oak trees on the property that may be within the footprint of the construction project. They are not located on the plan. The largest diameter is estimated to be about 7 -inches. These are not further evaluated. 6. The building site is 4 steep slope which requires a retaining wall at the lower end. The base of the footing for this wall will be about 4 -feet below grade and within a couple of feet from the trunk of Oak #3. The wall will pass through Oak #4. 7. The landscape material planned for installation below the structure and near the house is generally drought tolerant when established. ■ DISCUSSION AND CONCLUSION: 1. Oak #1 is at high risk for damage and failure because the retaining wall is so close and excavation for the footing will have to be dug more than 2 -feet closer than drawn. This excavation will remove all the roots in this zone. Stability and health of the tree will be radically compromised making failure or death likely. A safer minimum distance from the trunk bark edge to the face of the excavation is about 7 -feet if the tree is to remain. 2. Oak #1, if retained, will have landscape placed under its branches. It is expected that this planting will be on finish grade that nearly follows the existing contour. Being that the anticipated plant material will have water requirements compatible with the native oaks, there should be little problem given that watering is reduced after establishment and ground disturbance on grade is minimized under the tree. 3. Oaks #2 and 3 are expected to survive all aspects of construction and landscape installation given that physical barrier protection is installed. This should be designed to prevent careless encroachment under their spreading branches. 4. Oak #4 is slated for removal. The wall cannot be built and preserve the tree. Construction needs aside, this is a poor specimen with structural weaknesses that make it a poor candidate for retention. Well placed high quality replacement trees will have a better long term contribution to the community. RECOMMENDATIONS: 0 Build the project with little residual risk to Oaks 2 and 3. 0 Remove Oak #4 and replace it as required by local standards. 0 Relocate the lower retaining wall to maintain a minimum of 7 -feet from the bark edge of Oak #I to the vertical face of the excavation. Or remove the tree. 22509 Ridgeline Rd—Oak Report 17 January 2002 Finch Tree Surgery, Inc. Page 3 0 ]During excavation, ensure that all digging and soil removal occur from areas away from the trees. At no time should excavating heavy machinery be allowed under the tree's spreading branches. 0 The exposed soil face of the cut required for the footing shall have some means to minimize rapid drying from wind and sun exposure until backfill is accomplished - H The grade inside the work boundary that lies between the oaks and the structure shall have: minimal disturbance during all phases of construction. Any activities that could cause compaction, cutting, filling, trenching, storage, or parking shall be avoided. 0 Prune the trees prior to softscape installation. Limit the pruning to removal of dead branches and crown thinning of not more than 10% live material. Some limited drop crotch pruning is allowed to reduce the asymmetry if desired. 0 Evaluate and reduce initial landscape irrigation within a year of installation near the oaks. 0 utilize salient portions of the attached Prudent Practices for Tree Preservation During Construction. Thank you for the opportunity to contribute to this project. If you have any questions or wish to discuss it further, please feel free to contact me. Sincerely, andy Finch Certified Arborist WC1572 Registered Consulting Arborist #369 nch Tree-Sur3ery, enc. Professional Tree Management Since 19-16 Prudent Practices for Tree Preservation During Construction' PRE-CONSTR UCTION MEETING: • Prior to demolition conduct an on site meeting to discuss tree protection. Attendees should include general contractor, site lead person, landscape architect, home owners, and a certified arborist. A cooperative atmosphere should emphasize that the arborist is to help get the project built with as little adverse impact to the trees as possible. • Identification of zones for tree protection, concrete clean out, material storage, parking, debris collection, heavy equipment traffic; underground service trenches, etc., should be identified. • Ground rules for removal of tree protection fences should be established. • The arborist should make weekly to monthly (depending on level of activity) inspections of the site and offer suggestions to mitigate any potential problems to the trees. He should further be available to consult on short notice at the request of any principle involved in the construction. PHYSICAL PROTECTION OF THE TRUNKAND ROOTS: • A temnorary sturdy fence should be installed at the maximum possible distance from the tree trunks or at the perimeter edge of tree groups. This barrier is to prevent direct trunk injury and damage to the crown root area through compaction. It serves as a reminder to all who work on the project that protection in this area is absolute. It can be removed for the installation of permanent landscape features in the final phases of the project. • Material storage, equipment parking, temporary buildings, work areas, disposal materials should not be allowed within this area. • Existing layer of mulch or ground cover should remain until removal is necessary for final phases of construction. This layer serves to protect the root area and limits scalping of the top soil. • Munching of this area should be considered for weed/moisture control if the current layer of ground cover or mulch is removed. Mulching of unprotected areas of soil adjacent to Harris. R. W. 1983. Arboriculture Care of Trees, Shrubs and Vines in the Landscape. Englewood Cliffs, NJ: Prentice -Hall P.O. Box 907, San Gabriel, CA 91.778=0907 OF 841. $. Mission Dr., San Gabriel, CA 91776 626.286-2716 FAX 286-8169 fenced areas should be further considered to minimize compaction of soil in the fine root absorbing region of trees. This region often extends several times beyond the drip line. • When ground cover or existing mulch layer is removed, it should be done in a careful manner that causes little damage to the surface root area. Scraping with a tractor blade should be avoided. Tractors often directly injure the trunks and remove important roots near the surface. • When existing hardscape is removed additional care is required due when close to the trees. When the excavation is complete, back fill should be with a good topsoil mix and restored to pre-existing grade. • An excavation cut may expose some roots. The sides of the cut should be covered with burlap or landscape netting. This temporary cover should be wetted occasionally to prevent drying of the underlying soil until the cut is back filled. • An existing drive/roadway should remain the path (even after paving is removed) of all vehicle traffic. When construction is complete there will be fewer areas requiring aeration. GENERAL PHYSIOLOGICAL CONCERNS: • In the absence of normal winter rainfall deep soaking should be provided from October through March under the drip line for drought tolerant trees. For non -drought tolerant trees this soaking should continue throughout the year. Soil should be wetted to a depth of 2 feet monthly. • No fill of greater than 6 inches should be allowed within the dripline, and at no time shall the soil be raised from the existing grade immediately adjacent to the trunk. • No continuous trenching cuts shall be made in excess of 6 inches deep, tangential to the g trunk within 10 feet of the trunk, or in excess of 3 inches deep within 3 feet of the trunk. When roots in excess of 2 inches are encountered, tunneling shall be preferred to cutting. Questionable roots should be checked by a qualified certified arborist before cutting. • Fill or cuts in excess of the above recommendations can often be accommodated on an individual basis with the consultation of a certified arborist and with the application of proven methods of mitigation. • When existing paving is removed near trees, subsoil aeration should be done before new plant material is installed. • Final landscape implementation should consider the water requirements of existing species. New plants and irrigation should be consistent with the needs of the mature permanent trees. As this plan evolves the arborist should be consulted for comment when the planting is within the canopy of existing trees. • There is inherent risk in disturbing any of the existing root area under mature specimens. Although tough and resilient, these trees can be decimated by construction -related injuries and by changes in soil aeration. and moisture levels. But, when the above precautions are taken, preservation of the tree :is more likely. The: best preservation plan will involve a certified arborist in the initial planning phase. The: purpose of the arborist is to get the project built while preserving the trees. Close cooperative working relationships with the owner, architect and general contractor will ensure a project completion without serious injury. But more importantly, three years after all contractors are paid and gone, the trees will not require removal because of their delay in showing signs of construction injury stress. © Copyri;ght Finch Tree Surgery, Inc., 1994 City of Diamond Bar Community & Development Services Department Planning Division California Environmental Quality Act 21825 E. Copley Drive Diamond Bar, California 91765 Negative Declaration (909) 396-5676 (909) 861-3117 Fax www.CjtvofDiamondBar.com To: ® Los Angeles County Clerk's Office ❑ Office of Planning and Research Environmental Filing 1400 Tenth Street, Room 121 12400 E. Imperial Highway, Room 1101 Sacramento, California 95814 Norwalk, California 90650 Project Title and File No.: Development Review 01-18 Project Location: 22509 Ridgeline Road, Diamond Bar, CA 91765 (Los Angeles County) Project Description: The proposed project consists of the development of an existing vacant 57,934.8 square foot (1.33 acre) R-1 (40,000) zoned lot with a three (3) story single family residence. The home will contain approximately 7,740 square feet of habitable space, and two attached two -car garages totaling 977 square feet. Project Sponsor: S & W Development, 20272 Carrey Road, Walnut, CA 91789 This is to advise that the City of Diamond Bar, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based on the following fording: ❑ The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. ■ The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. The Planning Commission hereby finds that the Negative Declaration reflects its independent judgement. A copy of the Initial Study, and any applicable mitigation measures, and any other material which constitute the record of proceedings upon which the City based its decision to adopt this Negative Declaration may be obtained at: City of Diamond Bar Community and Development Services Department/Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 (909)860-2489 The public isvite to continent on the proposed Negative Declaration during the review period, which ends March 12, 2002 PC.4Nk1�J� r�,�Ku�r,4ftr o2-0 4 -o Signature Title Date ❑ Los Angeles County Clerk's Office Date received for filing and posting ❑ OPR California Environmental Quality Act Notice of Intent to a Adopt City of Diamond Bar Community & Development Services Department Planning Division P 21825 E. Copley Drive Negative Declaration/ Diamond Bar, California 91765 (909) 396-5676 (909) 861-3117 Fax www.CitvofDi amondBar.com Notice is hereby given that the City of Diamond Bar Community and Development Services Department, Planning Division has completed an Initial Study of the Development Review 01-18, Tree Permit 02-02 and Minor Variance 02-01 applications for the subject property located at 22509 Ridgeline Road in the City of Diamond Bar, County of Los Angeles. The proposal is to construct a three (3) story single family residence of approximately 7,740 square feet with two attached two -car garages totalling 977 square feet on an approximate 57,934.8 (1.33 acres) square foot R-1 (40,000) zoned lot. The Initial Study was completed in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration, The Initial Study reflects the independent judgement of the City. The Project site is ❑ is not ® on a list compiled pursuant to Government Code section 65962.5. Copies of the Initial Study and Draft Negative Declaration are on file and available for public review at: City of Diamond Bar Community and Development Services Department/Planning Division 21825 E. Copley Drive Diamond Bar, California 91765 Comments will be received until March 12, 2002. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on March 12, 2002 at 7:00 PM, the Planning Commission will consider the project and the Draft Negative Declaration. If the Planning Commission finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the Planning Commission may proceed to consider the project without the preparation of an Environmental Impact Report. Inc. Date received for filing and posting Title Date ® Los Angeles County Clerk's Office Environmental Filing 12400 E. Imperial Highway, Room 1101 Norwalk, California 90650 ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, California 95814 CITY OF DIAMOND BAR NEGATIVE DECLARATION 02-01 California Environmental Quality Act City of Diamond Bar Initial Study Community & Development Services Department Planning Division 21825 E. Copley Drive Diamond Bar, California 91765 (909)396-5676 ;. (909) 861-3117 Fax www.CitvofDiamondBar.com Project Title and File No.: Development Review 01-18 22509 Ridgeline Road Related File No(s).: Minor Variance 02-01 and Tree Permit 02-02 Submittal Date: February 1, 2002 Lead Agency: City of Diamond Bar Community and Development Services Department/Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 (909) 860-2489 Project Contact: James DeStefano, Deputy City Manager David D. Meyer, Planning Consultant Project Sponsor: S & W Development (for Mr. Jay Arora) 20272 Carrey Road Walnut, CA 91789 (909) 598-8000 Project Location: The project site is located in southeast corner of Los Angeles County, at the intersection of Los Angeles, Orange, and San Bernardino Counties within the City' -of Diamond Bar. The City -of Diamond Bar is situated at the eastern end of the East San Gabriel Valley, adjacent to both Routes 57 and 610, as shown in Figure 1. In particular, the project site is located on the north side of the 22000 block of Ridgeline Road east of Broken Twig Road as illustrated in Figure 2. Project Description: The proposed project consists of the development of an existing vacant 57,934.8 square foot (1.33 acre) R-1 (40,000) zoned lot with a three (3) story single family residence. The home will contain approximately 7,740 square feet of habitable space, and two attached two -car garages totaling 977 square feet. City of Diamond Bar - Initial Study Development Review 01 -1 8 — 22509 Ridgeline Road Pagel of 34 Figure I — Regional Location May Figure 2 — Sublect Site/General Vicinity Map City of Diamond Bar - Initial Study Development Review 01 -18 — 22509 Ridgelinc Road Page 2 of 34 (Lot 19) General Plan Designation: Rural Residential (RR) Zoning Designation: R-1 (40,000) (Single Family Residential) Surrounding Zoning and Land Uses: Zoning North R-3 South East West Land Use Multiple Family Residential Condominium R-1 (40,000) Single Family Residence R-1 (40,000) Single Family Residence R-1(40,000) Vacant Site Size (AC./ SQ. FT.): 1.33 acres/57,934.8 square feet Assessor's Parcel No(s): 8713-006-019 Other public agencies whose approval ,may be required (e.g. permits, financing approval, participation agreement) City of Diamond Bar — Planning 'Commission City of Diamond Bar — Planning ;Division City of Diamond Bar — Public Works Department City of Diamond Bar — Building Department City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 3 of 34 CITY OF DIAMOND BAR NEGATIVE; DECLARATION 02-01 Environmental Information and Environmental Checklist ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact' as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils DETERMINATION: ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ NPDES ❑ Mandatory Findings On the basis of this evaluation: ❑ I find that the proposed project COULD NOT have a significant impact on the environment and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT is required. ❑ I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. An ENVIRONMENTAL. IMPACT REPORT is required, but must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, includi revisions or mitigation measures that are Imposed upon the proposed project, nothing further ' r ired. Prepared by: David D. Meyer, AICP Department Representative: Reviewed b.y: Date: February 1 2002 City of Diamond Bar - Initial Study Development Review 01-18 —22509 Ridgeline Road Page 4 of 34 ENVIRONMENTAL CHECKLIST• Issues (and Supporting Information Sources): Potential Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ X b) Substantially damage scenic resources, including, but not ❑ ❑ ❑ X limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? ❑ ❑ ❑ X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the ❑ ❑ ❑ X area? H. AGRICULTURE RESOURCES — In determining Whether impacts to agricultural resources are significant Environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in Assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources ❑ ❑ X Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ❑ ❑ ❑ X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to ❑ ❑ X non-agricultural use? City of Diamond Bar - Initial Study Development Review 0 1 -18 - 22509 Ridgeline'Road Page 5 of 34 Issues (and Supporting Information Sources): Potential Potentially Significant Leu Than Significant Impact Unless Mitigated Significant Impact No Impact III. AIR QUALITY — Where available, the significance Criteria established by the applicable air quality Management or air pollution control district may tie relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ ❑ X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ❑ X ❑ ❑ c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard ❑ X ❑ ❑ (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ X ❑ concentrations? e) Create objectionable odors affecting a substantial number of ❑ ❑ X ❑ people? IV. BIOLOGICAL RESOURCES — Would the project: a) Has a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, ❑ ❑ ❑ X policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional 13❑ ❑ X plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? City of Diamond Bar - Initial Study Development Review 01-18-22509 Ridgeline Road Page 6 of 34 Issues (and Supporting Information Sources): Potential Significant Potentially Less Than Significant No Impact Significant Unless Impact impact Mitigated IV. BIOLOGICAL (cont.) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act ❑ ❑ ❑ X (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native ❑ ❑ 13 X resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ❑ X ❑ ❑ ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved ❑ ❑ ❑ X local, regional or state habitat conservation plan? V. CULTURAL RESOURCES — Would the project: a) Cause a substantial adverse change in the significance of a ❑ ❑ O X historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an ❑ ❑ ❑ X archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource ❑ ❑ ❑ X or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? ❑ ❑ ❑ x City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 7 of 34 VI. GEOLOGY ,AND SOILS — Would the proposal: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known ❑ 0 ❑ fault? Refer to Division of Mines and Geology Special X Publication 42. ii) Strong seismic ground shaking? ❑ ❑ X iii) Seismic -related ground failure, including liquefaction? ❑ ❑ ❑ X iv) Landslides? ❑ ❑ ❑ X b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially ❑ ❑ ❑ X result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or ❑ ❑ ❑ X property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are ❑ ❑ ❑ X not available for the disposal of wastewater? VII. HAZARDS AND HAZARDOUS MATERIALS — Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous E3 ❑ ❑ X materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions ❑ ❑ ❑ involving the release of hazardous materials into the environment? X City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 8 of 34 Issues (and Supporting Information Sources): Potential Potentially Significant Less Than Signifleant Unless Signifleant No Impact Mitigated Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS cont. c) Emit hazardous emissions or handle hazardous or acutely❑ hazardous materials, substances, or waste within one-quarter mile ❑ ❑ X of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section ❑ ❑ ❑ X 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public 13 11 ❑ X airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in ❑ ❑ 13 X the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ❑ ❑ ❑ X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are ❑ ❑ ❑ X adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY — Would the project a) Violate any water quality standards or waste discharge ❑ requirements? ❑ ❑ X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing ❑ ❑ ❑ X nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 9 of 34 City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 10 of 34 Issues (and Supporting Information Sources): Potential Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact VIII. HYDROLOGY AND WATER QUALITY (cont.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ ❑ ❑ river, in a manner which would result in substantial erosion or X siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ ❑ ❑ X river, or substantially increase the rate or amount oi.'surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or ❑ ❑ ❑ X provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ❑ X g) Place housing within a 100 -year flood hazard area as mapped on ❑ a federal Flood Hazard Boundary of Flood Insurance rate Map or ❑ ❑ X other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures, which ❑ ❑ ❑ would impede or redirect flood flows? X i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the ❑ ❑ X failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ X IX. LAND USE AN D PLANNING — Would the project: a) Physically divide an established community? ❑ X City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 10 of 34 Issues (and Supporting Information Sources): Potential Potentially Significant Less Than Significant Unless Significant No Impact Mdgsted Impact Impact IX. LAND USE AND PLANNING (cont.) b) Conflict with any applicable land use plan, policy, or regulation an agency with jurisdiction over the project (including, but not ❑ X 13 11of limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ❑ 13 0 X X. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ❑ ❑ X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific ❑ ❑ ❑ X plan or other land use plan? XI. NOISE — Would the project result: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, ❑ ❑ X ❑ or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? ❑ X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ ❑ X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the 13 X project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public ❑ ❑ X ❑ airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? City of Diamond Bar - initial Study Development Review 0 1 -1 B — 22509 Ridgeline Road Page 11 of 34 Issues (and Supporting Information Sources): ❑ ❑ X ❑ ❑ ❑ Potentially ❑ ❑ ❑ Potential Significant Less Than ❑ X Significant Unless Significant No Impact htitlgated Impact Impact XI. NOISE (cont.) 0 For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to ❑ ❑ X excessive noise levels? XII. POPULATION AND HOUSING. Would the; project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or D ❑ ❑ X indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? �M ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ 1 ❑ X City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 12 of 34 Issues (and Supporting Information Sources): Potential Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be ❑ 0 X accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? 0 13❑ X XV. TRANSPORTATION/TRAFFIC — Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., ❑ 13 ❑ X result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency El ❑ X for designated roads or highways? c) Result in a change in air traffic .patterns, including either an increase in traffic levels or a change in location that results in ❑ ❑ ❑ X substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses ❑ ❑ ❑ X (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ X f) Result in inadequate parking capacity? O 13 X g) Conflict with adopted policies, plans, or programs supporting alterative transportation (e.g., bus turnouts, p ❑ ❑ X bicycle racks)? City of Diamond Bar - Initial Study Development Review 01-I8 — 22509 Ridgeline Road Page 13 of 34 Issues (and Supporting Information Sources): Potential Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact XVI. UTILITIES AND SERVICE SYSTEMS — Would the proposal: a) Exceed wastewater treatment requirements of the ❑ ❑ ❑ X applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the ❑ ❑ ❑ X construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the ❑ ❑ ❑ X construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are ne%v or expanded ❑ ❑ ❑ entitlements needed? X e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity ❑ ❑ ❑ X to serve the project's projected demand in addition to the- provider's existing commitments? 0 Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ❑ ❑ ❑ X g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ ❑ ❑ X City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 14 of 34 Issues (and Supporting Information Sources): Potential Potentially Significant Leu Than Significant Unless Significant No Impact Mitigated Impact Impact VII. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (STORMWATER). Would the proposal result in: a) Storm water system discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment ❑ ❑ ❑ X maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docks or other work areas? b) A significantly environmental harmful increase in the flow or ❑ ❑ ❑ X volume of storm water runoff? c) A significantly environmental harmful increase in erosion of ❑ ❑ ❑ X the project site or surrounding areas? d) Storm water discharges that would significantly impair the beneficial uses of receiving waters or areas that provide water ❑ ❑ ❑ X quality benefits (e.g. riparian corridors, wetlands, etc.)? e) Harm to the biological integrity of drainage systems and water ❑ ❑ ❑ X bodies? XVIII. MANDATORY FINDINGS OF SIGNIFICANCE — a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal ❑ ❑ ❑ X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 15 of 34 Issues (and Supporting Information Sources): Potential Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact XVIII. MANDATORY FINDINGS OF SIGNIIF'ICANCE (cont.) b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects X of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or 0 X indirectly? City of Diamond Bar - Initial Study Development Review 01-18 —22509 Ridgeline Road Page 16 of 34 CITY' OF DIAMOND BAR NEGATIVE DECLARATION 02-01 Explanation of Checklist Responses Explanation of Checklist Responses I. AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? No Impact. The proposed project site is zoned for residential use and is not part of a scenic vista. No scenic vistas are present in the proximate vicinity of the project site. Although the project is located on a hillside, it has been designed in accordance with the City's adopted hillside development standards, which establishes regulations and guidelines that ensure development to be complementary to the character and topography of the hillside areas. Therefore, the three-story development will not be out of character with other structures or uses in the area and would not cause views from adjacent residential areas to be obstructed. The project will not result in any substantial aesthetic changes over existing conditions and thus no significant impacts would occur and no mitigation measures would be required. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The General Plan Circulation Element does not identify any state scenic highways within the City. Furthermore, there are no significant trees, rock outcroppings, historic buildings or other significant scenic resources identified on the project site. Therefore, no scenic resources would be damaged by the implementation of the proposed project and no significant impacts would occur. No mitigation measures would therefore be required. c) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact. The project site currently lies vacant. Therefore, the proposed single-family residence development will not degrade the existing visual character or quality of the site. Future construction at the project site will be short-term in nature, therefore the visual character of the site and the surrounding area would not be significantly affected by the proposed project. In addition, the project site is located in an area characterized by similar sized residential developments. The residential development will be similar in scale and design with the surrounding area. No mitigation measures would therefore be required. d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Impact. The proposed project would utilize the following light sources: exterior lighting, interior lighting, and security lighting. However, the type of lighting proposed will not be out of character with the uses in the immediate area, and will not adversely affect day or nighttime views in the area with respect to light or glare. Lighting installations will be performed in conformance with the City of Diamond Bar Development Code; requiring that all installed lighting be designed and located so that direct light rays shall be confined to the premises. Construction activities will be limited to normal work hours and workdays in accordance with City Public Works' and Building Department regulations. Therefore, no temporary lights will be required or anticipated for the construction activity. The use of temporary lighting would only occur in the case of an emergency and their use would cease upon rectifying the emergency situation. Therefore, the project would not create a new source of substantial light and glare that would result in any significant impacts and no mitigation measures would be required. City of Diamond Bar -Initial Study Developnnent Review 01-18 - 22509 Ridgeline Road Page 17 of 34 H. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact: The proposed project will not result in the conversion of existing agricultural land to urban uses. The project area is located in a developed residential district and does not contain any agricultural resources as defined by the State Farmland Mapping and Monitoring Program Therefore, no impact on existing agricultural resources would result from the implementation of this proposed project. No mitigation measures would be required. - b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The proposed project site is zoned for residential use with a consistent underlying land use designation, and would not conflict with existing zoning for agricultural use or a Williamson Act contract. Therefore, implementation of the proposed project would not require any mitigation measures. C) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? No Impact. The proposed project area has been developed with urban uses. Development of the proposed project would not require any changes to the existing environment, which would result in the conversion of farmland to no -agricultural uses. No significant impacts would occur as a result of the proposed project. No mitigation measures would therefore be required. III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. Dust, both small diameter respirable matter (PM10) and larger, heavier particulates, is normally the primary concern during new construction. Because such emissions are not amenable to collection and discharge through a controlled source, they are called "fugitive emissions" Particulate emission rates depend on soil silt, soil moisture, wind speed, area disturbed, number of vehicles, depth of disturbance or excavation, etc. Fugitive dust emissions are estimated at approximately 100 pounds per day per acre disturbed in the absence of any dust control measures being applied. Watering is generally assumed to reduce this rate by 50 percent, with reductions up to 80 percent possible through the use of chemical binders or other aggressive dust control measures. The SCAQMD estimates daily PM 10 emissions during construction to be 26.4 pounds per day per acre disturbed when standard dust control procedures required by SCAQMD Rule 403 are used. Current Rule 403 requirements are more stringent than when the 26.4 pound per acre estimate was developed. Currently City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 18 of 34 required enhanced dust control procedures can substantially further reduce the average daily PMto emission rate. Tlae proposed project will be constructed in a period of approximately 9-12 months. The estimated amount of PMro that the area would be subject to for this activity would be approximately 35.112 pounds per day during this 9-12 month period. All indicated amounts of PMIo would be further reduced because construction activity would be scaled back or stopped during period of high winds. Constant monitoring of the construction activity by the City of Diamond Bair will insure compliance with the AQMP requirements. The applicable air quality management plan for the project area is the 1997 Air Quality Management Plan (AQMP) prepared by South Coast Air Quality Management District (SCAQMD). CEQA requires that projects be consistent with the AQMP. A consistency determination plays an essential role in local agency project review by linking local planning and unique individual projects to the AQMP in the following ways: 1) It fulfills the CEQA goal of fully informing local agency decision -makers of the environmental costs of the project under consideration at a stage early enough to ensure that air quality concerns are fully addressed; and 2) it provides the local agency with ongoing information assuring local decision -makers that they are making real contributions to clean air goals contained in the AQMP. The AQMP provides standards of concentration for seven (7) air pollutants: ozone, carbon dioxide, nitrogen dioxide, sulfur dioxide, suspended particulate matter, sulfates, lead, as well as visibility -reducing particles. Only new or amended General Plan elements, Specific Plans, and significant projects need to undergo a consistency review. This is because the AQMP strategy is based on projections from local General Plans. The project is consistent with the General Plan in that there will be no net increase in planned commercial designated land. The project will not generate any stationary source emissions addressed by the AQMP, and the project will meet the SCAQMD Rule 403 standard dust control procedures, therefore no mitigation measures would therefore be required. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Potentially Significant Unless Mitigated. Construction of the proposed project will require grading. The grading activities will result in the generation of dust. The greatest potential for fugitive dust generation is during rough grading, and from hauling the excavated soils out of the project area to a fill site. In addition to fugitive dust emissions, equipment exhaust will be released into the atmosphere during the excavation activities. Workers commuting to and from the construction site will generate some mobile -source emissions. These short-term construction -related impacts, although not considered significant, may be a nuisance to adjacent and nearby urban land uses. The construction period for the proposed project is approximately 9-12 months. 9-12 months of construction, based on the size of the proposal, would produce minimal emissions, which would be significantly less than the established threshold. Additionally, grading activities would be stopped during periods of high winds. Standard construction practices include the use of watering and other methods of controlling fugitive emissions. Construction equipment will be monitored to insure proper maintenance. When construction is completed, no air quality impacts are anticipated. Mitigation measures will be employed to control fugitive dust and mobile source emissions. Mitieation Measures — Air Oualitly 1. Require 90 -day low -NO, time -ups for off-road equipment. 2. Limit allowable idling to 10 minutes for trucks and heavy equipment. 3. Encourage car pooling for construction workers. 4. Limit lane closures to off-peak travel periods. 5. Park construction vehicles off traveled roadways. City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 19 of 34 6. Wet down or cover dirt hauled off-site. 7. Wash or sweep access points daily. 8. Encourage receipt of materials during the non -peak traffic hours of between 9:00 AM and 3 PM. 9. Sandbag construction sites for erosion control. 10. The City shall comply with Rule 403 and all other applicable rules to reduce the generation of fugitive dust. i l . Construction equipment shall be inspected and certified to ensure that no excess emissions beyond the maximum allowed for such vehicles occurs during construction. 12. Natural gas engines and pumps will be checked and serviced regularly to ensure their proper operation. Further, major overhaul or maintenance of the pumps and engines will be conducted on a regular basis during the construction period. C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? Potentially Significant Unless Mitigated. Refer to Response (III b), above and the proposed mitigation measures. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. National Ambient Air Quality Standards (AAQS) were originally established in 1971 for six pollution species with states retaining the option to add other pollutants, require more stringent compliance, or to include different exposure periods. These standards are the levels of air quality considered safe, with an adequate margin of safety, to protect the public health and welfare. They are designed to protect those people most susceptible to further respiratory distress such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise, called "sensitive receptors." Healthy adults can tolerate occasional exposure to air pollutant concentrations considerably above these minimum standards before adverse effects are observed. Construction activity may result in the generation of fugitive dust and emissions from commuter vehicles and construction equipment during the 9-12 month construction period. Although these emissions may be considered a nuisance to adjoining land uses, they are considered to be minimal given the scope of proposed development, and would be significantly less than the established threshold. Additionally, they will only be present during the short grading phase of this construction project. A survey of the project area did not reveal the location of any land uses that would be considered sensitive receptors. Therefore, the proposed project will not have an impact on sensitive receptors and no mitigation is therefore required. e) Create objectionable odors affecting a substantial number of people? Less than Significant Impact. During allowable construction work -hours, various types of construction equipment necessary to undertake grading and construction of the commercial improvements will be used. Most of the construction equipment will be diesel powered. The emissions from this equipment will cause a diesel odor that may be noticeable during normal working hours within the immediate construction site. This may create objectionable odors and emissions during the short-term construction period. Any perceptible impacts from construction equipment exhaust will be confined to occasional whiffs of characteristic diesel exhaust odor, but such odors will not be in sufficient concentrations to expose any nearby individuals or uses of land to air pollution levels above acceptable standards. The area most impacted by construction odor emissions is a radius of 50 to 100 feet from the source. Residential uses located along Ridgeline Road would be most directly affected. Construction equipment odors, which are not considered to be significant, will cease after completion of construction. No mitigation measures are necessary. City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 20 of 34 IV. BIOLOGICAL RESOURCES: Would the project: (a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. The project site is located in an urban, developed area and does not contain any significant biological resources. The project site does not provide habitat for any candidate, sensitive, or special status species. Animal species located on the project site are likely limited to rodents and a variety of bird species that are able to adapt to life in urban environment. Development of the proposed project would not create any significant impacts to special status biological resources. No mitigation measures are necessary. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department Fish and Game or U.S. Fish and Wildlife Service? No Impact. As described above, the project site does not contain any significant habitat resources. Development of the project site would not have a significant impact on riparian habitat or other sensitive natural communities identified in local, regional, or national plans, regulations or policies. No riparian habitat or sensitive natural communities are located within the project site. No significant impacts would result from project implementation.. No mitigation measures are necessary. C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means? No Impact. The proposed project is located in an urban area developed with residential uses and does not contain any wetland resources. No wetlands would be impacted by development of the proposed project. No mitigation measures are necessary. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. The project site is not considered a migratory wildlife corridor due to the existing surrounding urban development. Moreover, there is no connection to any natural wildlife area. Therefore no substantial impacts will occur as a result of project implementation. No mitigation measures would therefore be required. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Potentially Significant Unless Mitigated. Approval of this project will result in the removal of two (2) existing mature oak trees. The City's General Plan and implementing Development Ordinance requires the protection/preservation and maintenance of native trees, which includes oaks. However, when the preservation of a protected tree is not feasible and would compromise the property's owner's reasonable use and enjoyment of property or surrounding land it may be removed provided it is replaced in accordance with the City's adopted standards. Replacement trees must be planted at a minimum 3:1 ratio on lots greater than 20,000 square feet with a minimum box size of 24 inches. Acceptance of the tree removal/replacement will require discretionary approval in order to be consistent with the policies and requirements of the zone. City of Diamond Har -Initial Study Development Review 01-I8 — 22509 Ridgeline Road Page 21 of 34 Mitieation Measures 1. Obtain approval of a Tree Removal Permit (Section 22.38.070 of the Diamond Bar Development Code). 2. Tree Replacement and Protection shall be in compliance with the provisions set forth in Sections 22.38.130 and 22.38.140 of the Diamond Bar Development Code. 3. Comply with the recommendations provided in the arborist report dated January 16, 2002. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? No Impact. No adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved habitat conservation plan exists at the site. Therefore, no mitigation measures are required. V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact. No structures are currently on site and no structures have ever been found on the subject property. Additionally, no important persons or events are associated with the project site and no historical resources are located on the property. Therefore, no significant impacts would result from implementation. No mitigation measures are required. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? No Impact. No archeological resources have been identified on or near the project site and it is unlikely that any would be uncovered during the construction of the project. However, while no significant archeological resources is expected to be impacted by project development, in the event that suspected archeological resources are uncovered, all work shall be stopped in the vicinity of the find until a certified archeologist can conduct an evaluation. This will assure any potential archeological impacts are not significant. No mitigation measures are required. C) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. No paleontological resources have been identified on or near the project site and it is unlikely that any would be uncovered during construction of the project. However, while no significant paleontological resources is expected to be impacted by the proposed project, in the event that suspected paleontological resources are uncovered, all work shall be stopped in the vicinity of the find until a certified paleontologist can conduct an evaluation. This will assure any potential paleontological impacts are not significant. No mitigation measures are required. d) Disturb any human remains, including those interred outside offormal cemeteries? No Impact. There are no known human remains within the project site or vicinity. Therefore, it is unlikely that the project would disturb any human remains. No mitigation measures would be required. VI. GEOLOGY AND SOILS. Would the proposal: a) Expose people or structure to potential substantial adverse effects, including the risk of loss, injury, or death involving: City of Diamond Bar - Initial Study Development Review 01-18 - 22504 Ridgeline Road Page 22 of 34 i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? No Impact. Section IV/Figure IV -1 of the 1995 General Plan Public Health and Safety Element identifies four (4) potentially active faults (e.g. Whittier, San Jose, Sierra Madre, and San Gabriel) which have a potential for causing local damage. The closest known active faults are located more than ten (10) miles from the City, with the greatest fault zone (San Andreas) located more than 26 miles northeast of the City. Additionally, no active fault traces are known to cross the project site. As a result, fault rupture within the City or near the project site is unlikely. Therefore, no mitigation measures wou].d be required. ii) Strong seismic ground shaking? No impact. Section IV/Figure IV -1 of the 1995 General Plan Public Health and Safety Element identifies four (4) potentially active faults (e.g. Whittier, San Jose, Sierra Madre, and San Gabriel) which have a potential for causing local damage. The closest known active faults are located more than ten (10) miles from the City, with the greatest fault zone (San Andreas) located more than 26 miles northeast of the City. The primary dangers associated with seismic activity are surface rupture, ground failure, liquefaction, and ground shaking. The proximity of the site to the active faults will result in ground shaking during moderate to severe seismic events. City building regulations provide specific construction techniques required for the seismic zone in which the project is located. Design and construction shall adhere to the prescribed minimum requirements to address seismic safety issues. Therefore, no mitigation measures would be required. iii) Seismic -related ground failure, including liquefaction? No Impact. Liquefaction refers to loose, saturated sand or gravel deposits that lose their load supporting capability when subjected to intense shaking. Liquefaction potential varies based upon on-site soli composition and groundwater depth The California Department of Conservation is mandated by the Seismic Hazards Act of 1990 to identify and map the state's most prominent earthquake hazards, including areas where earthquakes are likely to cause shaking, liquefaction or other ground failure. The California Department of Conservation Division of Mines and Geology has recently updated existing seismic hazard maps for portions of southern California, including the area covering the potential project site. The State Geologist released the official maps March 25, 1999. The updated map that covers the project area indicates that the project site is not located in a liquefaction zone. No significant impacts would result from the development of the proposed project. No mitigation measures are necessary. iv). Landslides? No Impact. Land sliding is a type of erosion in which masses of earth and rock move down slope as a single unit. Susceptibility of slopes to landslides and other forms of slope failure depend on several factors. These are usually present in combination and include, but are not limited to, steep slopes, condition of rock and soil materials, presence of water, formational contracts, geologic shear zones and seismic activity. The project is located on a northwesterly descending slope. The slope ratio is approximate 1.5:1 to 2:1 (horizontal to vertical) to a maximum height of about 200 feet. The slope area is generally covered with low grasses and trees. Based on the geothechnial and geological report, the site is City of Diamond Bar - Initial Study Development Review 01-18-22509 Ridgeline Road Page 23 of 34 suitable for the intended development. No significant impacts would result from the development of the proposed project. No mitigation measures are necessary. b) Result in substantial soil erosion or the loss of topsoil? No Impact. The project would not result in any uses that cause substantial soil erosion. Once grading and compaction of the project area are completed, the project site will be paved and landscaped. Therefore, soil erosion would be minimal and temporary in nature. Since the site has not been used for agricultural production, the loss of topsoil would not be considered significant. In addition, compliance with the General Construction Activities Storm Water Permit and development of Best Management Practices (further discussed below under Section VIII (a), Hydrology and Water Quality) will ensure that no substantial erosion occurs during construction. Therefore, no mitigation measures would be required. C) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact. Compliance with the General Construction Activities Storm Water Permit and development of and adherence to Best Management Practices will ensure that no substantial erosion will occur during grading and compaction of the site. Therefore, no mitigation measures would be required. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? No Impact. Expansive soils are not generally found in this area of the City of Diamond Bar. However, if expansive soil is identified during grading, the soil will not be used for compaction purposes. This construction technique or method is standard practice for the preparation of building sites. No construction alternatives need to be considered. Therefore, no mitigation measures would be required. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The proposed project will be connected to the local sewer, but will not result in any significant impact on the local public sewer system. Therefore, no alternative wastewater disposal systems (i.e., septic tanks) will be required. No mitigation measures are required. VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. The proposed residential development would not use or maintain any significant quantities of hazardous materials in its operation. All hazardous materials, e.g., household cleaning chemicals and fertilizers, used on site would be stored and handled in accordance with State and federal requirements. The proposed project would not involve the routine transport, use or disposal of any significant quantities of hazardous materials. No significant impacts to the public or the environment would result from the proposed project. No mitigation measures are required. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact. Refer to Response VII a), above. City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 24 of 34 C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. There are no schools located within one-quarter mile of the project site, and no hazardous emissions will be associated with the proposed project. Therefore, no mitigation measures would be required. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.1 and, as a result, would it create a significant hazard to the public or the environment? No Impact. The project site is not listed as a hazardous materials site compiled pursuant to Government Code Section 65962.5 and, as a result, project implementation would not create a significant hazard to the public or the environment. Therefore, no mitigation measures would be required. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The proposed residential development is not located in the vicinity of an airport safety zone and would not impact airport operations. The project would not result in safety hazards to people residing or working in the project area. No significant impacts would result from the proposed project. Therefore, no mitigation measures would be required. j) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. The project site is not located within the vicinity of a private airstrip. Therefore, no mitigation measures would be required. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The proposed project would not involve any uses that would interfere with the City's Emergency Operations Plan or with major emergency evacuation routes out of the area. Therefore, no mitigation measures would be required. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact. The project site is not in a fire hazard area as depicted in the City's Public Health and Safety Element of the General Plan. Therefore, no mitigation measures would be required. VIII. HYDROLOGY AND WATER QIUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? No Impact. In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act [CWA]) was amended to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with a National Pollutant Discharge Elintination System (NPDES) permit. The 1987 amendments to the CWA added Section 402(p), which City of Diamond Bar - Initial Study Development Review 0 1 -18 — 22509 Ridgeline Road Page 25 of 34 establishes a framework for regulating municipal and industrial storm water discharges under the NPDES Program. On November 16, 1990, the U.S. Environmental Protection Agency (USEPA) published final regulations that establish storm water permit application requirements for specified categories of industries. The regulations provide that discharges of storm water to waters of the United States from construction projects that encompass five or more acres of soil disturbance are effectively prohibited unless the discharge is in compliance with an NPDES permit. The proposed project would not be subject to the NPDES program, because the project would involve a construction site smaller than five acres. The proposed project would not violate any water quality standards or waste discharge requirements. No significant impacts would result from this project. No mitigation measures are necessary. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. The proposed residential development will not significantly change ground water recharge conditions. Currently, recharge is extremely limited due to runoff rates and soils conditions. The proposed project will not contribute to withdrawals from an existing ground water supply. Therefore, no significant impacts would occur and no mitigation measures would be required. C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? ffsite? No Impact. Although the project site is vacant, it is within a developed urbanized area, and therefore no changes to the site's drainage pattern would occur upon implementation of the proposed project. Moreover, the drainage pattern will follow the natural contour of the land as it exist. No significant impacts are anticipated as a result of project development. No mitigation measures are necessary. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? No Impact. The proposed project would not require alterations to the existing drainage pattern of the site. Project development would result in a slight increase in the amount of impervious surfaces contained on the site through the addition of surface pavement and placement of building structures, thereby, reducing the site's current rate of absorption and increasing the volume of surface water runoff experienced at the site. However, due to the small size of the site and its current developed status, impacts are not anticipated to be significant. No mitigation measures are necessary. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? No impact. Development of proposed project would result in the conversion of permeable to impermeable surface through the placement of the building structure on site and the placement of asphalt and concrete pavement, thereby increasing the volume of stormwater runoff currently experienced at the site. However, runoff generated from the site would be minimal due to the small size of the site and is not expected to contain any significant quantities of pollutants. No significant impacts would occur as a result of the proposed project. No mitigation measures are necessary. fl Otherwise substantially degrade water quality? City of Diamond Bar - Initial Study Development Review 01 -1 B — 22509 Ridgeline Road Page 26 of 34 No Impact. Compliance with City permit requirements will ensure that there will be no violation of water quality or waste discharge requirements. Therefore, no significant impacts would occur and no mitigation measures would be required. g) Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The local Flood Insurance Rate Maps (FIRM) indicate that the subject development area is outside of the 100 -year and 500 -;year floodplain. Therefore, no significant impacts would occur and no mitigation measures would be required. h) Place within a 100 year flood hazard area structures, which would impede or redirect flood flows? No Impact. According to the FEMA Flood Insurance Rate Map for the project area, the proposed development area is outside the designated 100 -year flood zone. Therefore, no significant impacts would occur and no mitigation measures would be required. i) Expose people or structure to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of'a levee or dam? No Impact. The proposed project site is not located within a flood hazard zone as identified by the City of Diamond Bar Public Health and Safety Element as identified by the Flood Insurance Rate Maps (FIRM) prepared by FEMA. Therefore, no significant impacts would occur and no mitigation measures would be required. P Inundation by seiche, tsunami, or mudflow? No Impact. The project area is located inland of the coast approximately thirty miles east of the Pacific Ocean and is not adjacent to any large bodies of water. Therefore, the site is not subject to seiche, and/or tsunami. The site has stable soils and is considered suitable for development from a soils engineering and geologic point of view. Therefore, no significant impacts would occur and no mitigation measures would be required. IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? No Impact. The proposed residential development would be a continuance of the existing surrounding residential uses and therefore, would not divide an established community. Therefore, no significant impacts would occur and no mitigation measures would be required. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, speck plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Potentially Significant Unless Mitigated. The proposed project site is currently has a land use designation of Rural Residential allowing a maximum I dwelling unit per acre, and subject to the requirements of the City's R-1 (40,000)(Low Density Residential) zone. However, the proposed development will require a discretionary approval in order to be consistent with the policies and requirements of the zone. City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 27 of 34 Mitigation Measures 1. Obtain approval of a Minor Variance and Tree Permit from the City's Planning Commission to allow for the deviation from the minimum required front yard setback distance, and removal and replacement of a protected tree species, respectively. C) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. The subject project area is not within any applicable habitat conservation plan or natural community conservation plan area Therefore, no mitigation measures would be required. X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. According to the City of Diamond Bar Open Space and Conservation Element, no mineral deposits of statewide or regional importance exist in the City. Therefore, no significant impacts would occur and no mitigation measures would be required. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. See Response X a, above. XI. NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. The equipment used on the project site will generate noise above the ambient levels for limited periods of time during construction. Due to the proximity of the construction site to existing residential buildings, and due to the levels of noise generated by construction equipment without mitigation measures, adjacent properties would be subjected to higher than ambient noise levels during normal daylight hours during the construction period. It is anticipated that in .a worst case scenario buildings, located within 1,000 feet of construction equipment noise generators, would be subject to noise of approximately 65dB(A). Normal building construction methods and materials will reduce interior noise levels to within acceptable limits. The Community Noise Equivalent Level (CNEL) of 55 will be enforced for the project. The City's General Plan Public Health and Safety Element indicates that a Community Noise Equivalent Level (CNEL) of 55 is considered as "Normally Acceptable" for residential areas. The amount of noise intrusion with respect to the existing surrounding buildings during construction will vary depending upon where construction is occurring. When the construction is completed, no noise impacts are anticipated. The proposed project will be consistent with the R-1 (40,000) zone and will not generate noise levels that exceed local standards. The short term of the potential noise intrusion is considered to be less than significant. Therefore, no mitigation measures are proposed or required. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. Construction equipment can generate noise levels in the range of 60 to 90 dB(A). The introduction of construction equipment in this area will expose residential occupants to intermittent high noise levels that could approach 90 dB(A) within 50 feet of the construction activity. Although the increase in noise in the project area will be greater than that which currently exists, it will be localized and will be temporary in nature and will cease upon completion of the project. There are no noise City of Diamond $u - Initial Study Development Review 01-I8 — 22509 Ridgeline Road Page 28 of 34 sensitive land uses located near the project area that may be affected by construction noise. The proposed residential use will not generate excessive groundbome vibration nor groundborne noise levels. Therefore, no mitigation measures are proposed or required. C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. The proposed construction activity is temporary and noise will localize and be confined to the development site. At the completion of the construction activity no permanent increase in ambient noise levels will be generated by the residential use. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. The equipment used on the project site will generate noise above the ambient levels for limited periods of time during construction. Due to the proximity of the construction site to existing residential buildings, and due to the levels of noise generated by construction equipment without mitigation measures, adjacent properties would be subjected to temporary or periodic higher than ambient noise levels during normal business hours during the construction period. It is anticipated that in a worst case scenario buildings, located within 1,000 feet of construction equipment noise generators, would be subject to noise of approximately 65M(A). The Community Noise Equivalent Level (CNEL) of 55 to 65 for new construction will be enforced by the City for the project. The City's General Plan Noise Element indicates that a Community Noise Equivalent Level (CNEL) of 55 is considered as "Normally Acceptable" for single family residential areas. The amount of noise intrusion with respect to the existing surrounding buildings during construction will vary depending upon where the localized construction is occurring. The construction equipment will be required to comply with City regulations with respect to the use of mufflers. When the construction is completed, no noise impacts are anticipated. The proposed residential improvements are compatible with and the equivalent of existing area improvements, and as such will not generate any increase in ambient noise above current vicinity levels. The potential short -tern noise impacts generated by construction equipment will be mitigated by the use of mufflers. Construction activity will be confined to normal business .hours. Therefore, no significant impacts would occur and no mitigation measures would be required. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact. The proposed project will not expose people working in the area to permanent high noise levels. However, temporary noise levels may increase because of the type of construction activity anticipated. See Response to Section XI (a), above. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The project site is not located in the vicinity of a private airstrip. Therefore, no significant impacts would occur and no mitigation measures would be required. XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? Ciity of Diamond Bar - Initial Study Development Review 0 1 -18-22509 Ridgeline Road Page 29 of 34 No Impact. Although the proposed single family development will generate additional persons, it is not significant enough to increase population from relocating to the area. It is not anticipated to directly or indirectly induce substantial population growth. Furthermore, the development will not require the extension of infrastructure in an area not previously served. Therefore, no significant impacts would occur and no mitigation measures would be required. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The proposed project does not involve demolition or dislocation of any structures, as the site is currently vacant. However, approval would permit the development of a single family home. Therefore, no significant impacts would occur and no mitigation measures would be required. C) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. See Response XII b, above. XIII. PUBLIC SERVICES: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: a) Fire protection? No Impact. The Los Angeles County Consolidated Fire Protection District provides fire protection for the project area. All water mains and fire hydrants will be required to be installed in accordance with the Fire Department guidelines and are subject to approval by the Fire Department. Adherence to these guidelines will ensure that no significant impacts on fire protection services and facilities will occur as a result of this project. Therefore, no mitigation measures would be required. b) Police protection? No Impact. No significant impacts on existing police protection facilities are expected to occur as a result of this project. No mitigation measures would be required. C) Schools? No Impact. No significant impacts on existing school facilities will occur as a result of this project. Therefore, no mitigation measures would be required. d) Parks? No Impact. No significant impacts on existing parks will occur as a result of the proposed project since the project would not displace any recreational uses. Therefore, no significant impacts would occur and no mitigation measures would be required. e) Other public facilities? City of Diamond Bar - Initial Study Development Review 01-1 8 — 22509 Ridgeline Road Page 30 of 34 No Impact. No additional impacts to other public facilities have been identified. Refer to Section XVI for a discussion on utilities and service systems. No mitigation measures would be required. XIV. RECREATION: Would the project: a) Cause an increase in the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The proposed project will have no direct effect on existing recreational facilities. No increases in the demand for such facilities will occur as a result of this project. Therefore, no significant impacts would occur and no mitigation measures would be required. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Impact. The proposed project does not include nor require the construction or expansion of recreational facilities. Existing recreational opportunities will not be affected by project implementation. Therefore, no significant impacts would occur and no mitigation measures would be required. XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? No Impact. Implementation of the proposed project will not result in traffic generation above that of planned system capacity. The residences in the immediate neighborhood may be inconvenienced when entering and/or exiting the area due to construction activities. However, the projected 9-12 month construction period is relatively short-term and the anticipated congestion can be adequately addressed through effective construction staging and management. Additionally, given the small scale of the project, it is, not likely that the activities will have a significant impact on the adjacent and nearby uses. Therefore, no mitigation measures are necessary. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact. The project does not propose any use, which could cause the level of service standard, which has been established by the county congestion management agency for designated roads or highways to be exceeded, either individually or cumulatively. Therefore, no mitigation measures are necessary. C) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results insubstantial safety risks? No 'Impact. The project does not propose any use, which could cause, any changes to traffic patterns, an increase in traffic levels or a change in location that results in substantial safety risks. Therefore, no significant impacts would occur and no mitigation measures would be required. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. With the proposed site design improvements, no hazards to safety from design features or incompatible uses are anticipated. .Although it is possible that construction activities could expose the City of Diamond Bar - Initial Study Development Review 01-I8 —22509 Ridgeline Road Page 31 of 34 affected street to some potential hazards associated with construction activities, adequate precautions will be taken to minimize that exposure. Therefore, no significant impacts would occur and no mitigation measures would be required. e) Result in inadequate emergency access? No Impact. Emergency access to the project site and the adjoining land uses will be maintained during the course of construction. Final project design will be subject to review by the City of Diamond Bar to ensure adequate emergency vehicle access prior to development. No mitigation measures would be required. Result in inadequate parking capacity? No Impact. Adequate on-site parking for the proposed development will be provided consistent with the requirements of the City of Diamond Bar Development Code. No mitigation measures would be required. g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. The project will not conflict with alternative transportation policies, programs and plans. No mitigation measures would be required. XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. Adequate wastewater treatment and sewer infrastructures are in place to serve the proposed residential development. Therefore, no significant impacts will occur and the project will thus not exceed wastewater treatment requirements. No mitigation measures would be required. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the constriction of which could cause signiftcant environmental effects? No Impact. Construction of the proposed project will not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities. Because the project area is largely developed, water and sewer infrastructures are in place, and no mitigation measures would be required. C) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The proposed residential development will require onsite construction of drainage improvements to convey storm water flows to area drainage facilities in accordance with City regulations. No mitigation measures would be required. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. Refer to Response XVI(b), above. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? City of Diamond Bar - Initial Study Development Review 01-18— 22309 Ridgeline Road Page 32 of 34 No Impact. Refer to Response XVI( b), above. J) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact. Existing landfills have sufficient capacity to serve the needs of the proposed project. No mitigation measures would be required. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. All local, state, and federal guidelines regarding solid waste will be complied with during project construction and operation. No mitigation measures would be required. XVII. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (STORMWATER): a) Would the proposal result in storm water system discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docks or other work areas? No Impact. The proposed residential development will not result in storm water system discharges from materials storage, vehicle or equipment fueling or maintenance given the proposed use of the site as a single family residence. However, the project will be required to comply with the locally adopted National Pollution Discharge Elimination System (NPDES) requirements as federally mandated. No mitigation measures would be required. b) Would the proposal result in a signrficant environmentally harmful increase in the flow or volume of storm water runoff? No Impact. The proposed residential development will not result in any significant environmentally harmful increase in either the volume or flow of storm water runoff. The project will generate minimal surface effluents resulting primarily from paved parking areas. Source control as required by National Pollution Discharge Elimination System (NPDES) requirements will eliminate or contain the effluents, thereby minimizing their impact on storm water runoff. Therefore, no mitigation measures would be required. C) Would the proposal result in a significantly environmental harmful increase in erosion of the project site or surrounding areas? No Impact. The proposed commercial development will not provide for any erosion of the project site or the surrounding areas. The proposed project will provide for the construction of a new commercial building and paving on areas which are currently unimproved, and no subsequent soil erosion is anticipated. Therefore, no mitigation measures would be required. d) Would the proposal result in storm water discharges that would significantly impair the beneficial uses of receiving waters or areas that provide; water quality benefits (e.g. riparian corridors, wetlands, etc.)? No Impact. The proposed residential development will not result in storm water discharges that would significantly impair the beneficial uses of receiving waters or areas that provide water quality benefits. Therefore, no mitigation measures would be required. e) Would the proposal result in harm to the biological integrity of drainage systems and water bodies? City of Diamond Bar - Initial Study Development Review 0 1 -1 g — 22509 Ridgeline Road Page 33 of 34 No Impact. The proposed residential development will not result in any harm to the biological integrity of either drainage systems or water bodies. Therefore, no mitigation measures would be required. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below subsustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Impact. Based on the preceding analysis, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. Construction of the single family residence shall be subject to the receipt of the appropriate permits from the respective governing jurisdictions. Therefore, no mitigation measures would be required. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable " means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? No Impact. The project will not contribute to cumulatively considerable impacts. All potential impacts of implementing the proposed project in the context of the existing setting, current projects and probable future projects have been considered for all environmental categories contained in this section and no significant impacts after mitigation have been identified. Therefore, no mitigation measures would be required. C) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? No Impact. With the implementation of permit and code requirements as well as adoption of the recommended mitigation measures no direct or indirect adverse effects would occur on human beings. Therefore, no mitigation measures would be required. XIX. EARLIER ANALYSES: Earlier analyses may be used where, pursuant to a program EIR, tiering, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). a) Earlier analyses used. Identify earlier analyses used and state where they are available for review. 1) City of Diamond Bar General Plan Final EIR (1995) 2) City of Diamond Bar General Plan (1995) 3) City of Diamond Bar Zoning Map (Revised, November 1998) 4) City of Diamond Bar Development Code (Adopted, November 1998) 5) Environmental Geotechnology Laboratory Inc., Geotechnical Engineering & Geological Report (February 2001) All documents listed above are on file and may be reviewed at the City of Diamond Bar Community and Development Services Department, Planning Division, 2185 Copley Drive, Diamond Bar, California 91765, (909) 860-2489. City of Diamond Bar - Initial Study Development Review 01-18 — 22509 Ridgeline Road Page 34 of 34 N O b1 a rL � I i I I i o W I I I I I C I ! I I I ir- i = C C C C cm C CD C CD C G C C C Of co C O m m m m m m m m m m m m f0 (0 I f6 I O E E o �o m ti o L U c � a0 Oc7 c v N _ Ch 0 U T oa (� d O y y m O ca c c CL Q Ea 0 C CL 7 D f0 NCD � � m •E a> rn > C •$- O o Q •fC cm 0 I ail X ai ce m r- d Z rnr, U I N C 7 m O� C N fq f4 C 2 C y > m Q d a �pvpp L � •> I 7 C 'p 7 O O C m I U « '2 O p m Q E V cu D N i� _aCL L ! Y r C N N mmi I a ;v _O mm 4 EE caY I C O O t6 .3gC d C) C � o Ej I 0) 0 0 10 � o0,0 � �m vao _ II c a > 1;> l I i -05 � > c m c E o oI m= r H o 2 E' o E o 3 o �, a m o I ?: w� s� a� m$ c x O o o o c o m o a E SIF d ?. N LD -or C O > E CL:UU N O UO 8 o o2 CL c Ec m � o s > m pOl G1 fA o N � U y 'V o 0 H H'� � E `O m +L•• o O o �� moo` a ao .L.+ 3 c o i" 'o r o a U y° 5 w 0 CD > s E I Q! E v m c U « c v Q. Y J w � j w I N FL- o z m � � ao M o 0 CO �A Cp I� c0 Qi O .�- lD 0 r > CV u N N ci I I i i N r. O N m O a T a 0 W F W o � w co m v m 0 o� og 0 N 80 01 cm C C E m C U (6 I y Q W U c is atID . io C E � � m IL m m U C m � h � 'fl C Y O U U c N 'C cc O C_ C Q f0 O l0 > g 2 G aE t0 E c E •9 c � E O m w AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT LOCATION: APPLICANT: BACKGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report q.2 March 7, 2002 March 12, 2002 Development Code Amendment No. 2002-01 Consideration of an amendment to Article II, Section 22.10.030, Tables 2-5 & 6; Article III, Section 22.42.035; Article VI, Section 22.80.020 of the City Development Code to permit network gaming centers (AKA cyber cafes) in certain zones. City Wide City of Diamond Bar 21825 E. Copley Drive, Diamond Bar, CA 91789 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. 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 to allow computer services/network gaming centers. Article II • Section 22.10.030, Commercial/Industrial District Land Uses and Permit Requirements, Table 2-5 and Table 2-6 (page II -17) 1 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) The intent of the amendment is to modify the existing Code to better represent the changing face of technology and new business uses. On February 26, 2002 the Planning Commission conducted a study session on computer services/network gaming centers. The study session discussion centered on a discussion of this new technology driven land use, parking, curfew, loitering, age restriction, security, censoring, noise, hours of operation and amortization. The Commission expressed an interest in: A definition for "adult supervision"; the cost of repeat calls for service of a sheriff deputy; and the percentage of business that may occur between 10:00 p.m. and 12 midnight and between 12 midnight. and 2:00 a.m. ANALYSIS: The staff has researched the Planning Commission's discussion points regarding adult supervision, cost of repeat service calls for a sheriff deputy and business that may occur between specific hours of operation to and provides the following information: Adult Supervision A person 18 years of age or older is considered an adult. Some of the draft ordinances and ordinances adopted from other cities require that a parent or guardian accompany anyone under the age of 18 after 10:00 p.m. when patronizing a computer services/network gaming center. These cities also require that the adult supervision, provided by the business owner of a computer services/network gaming center, be at least 21 years of age. Some cities do not make such references beyond 18 years of age. Repeat Calls for Service The staff spoke with Lieutenant Walker of the Diamond Bar Walnut Sheriff Station regarding the cost of excessive requests for service calls. According to Lieutenant Walker, the cost might be compared to requests for service calls related to false alarms. In the case of false alarms, charges are assessed ($125.00) assessed to the property owner asked to the third calls for service. The time frame begins with the first false alarm and ends one year later. The request for service calls may be reduced when a computer services/network gaming center supplies its own security guard as suggest in the recommended amendments. Through the Conditional Use Permit process and the City's ability to modify a Conditional Use Permit as established in Article V, Chapter 22.76 -Revocations and Modifications, additional security could be required when excessive calls for service occurs. Furthermore, each Conditional Use Permit application submitted to -the City for a computer services/network gaming center would be reviewed by the Los Angeles County Sheriff Department/Diamond Bar/Walnut Station prior to Planning Commission review. Hours of Operation The City has contacted the three business owners of the computer services/network gaming centers in Diamond Bar currently operating without the benefit of permits. The business owner of Gamers-X which is located at Oak: Tree Shopping Center believes that approximately 30 percent of the business occurs between 8:00 p.m. and midnight on weekdays and on weekends approximately 50 percent of the business occurs between 8:00 p.m. and 2:00 a.m. The business owner of PC Bang which is located at Diamond Creek Shopping Center believes that approximately 20 percent of the business occurs between 10:00 p.m. and midnight on weekdays and on weekends approximately 30 percent of the business occurs between 10:00 p.m. and 2:00 a.m. The business owner of ePC located within the Diamond Village Shopping Center believes that approximately 30 percent of the business occurs between 10:00 p.m. and midnight on weekdays and on weekends approximately 50 percent of the business occurs between 10:00 p.m. and 2:00 a.m. 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, Commercial/Industrial 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) -PERMIT REQUIRED .BY",DISTRICT See standards RECREATION, EDUCATION AND OP 08 CO in Sections: PUBLIC ASSEMBLY USES Clubs, lodges, and private meeting halls P P P Community/cultural centers P P P Health/fitness facilities I CUP CUP Outdoor recreation j CUP Parks and playgrounds P P P 3 Religious places of worship CUP CUP I CUP Schools -public and private P P P Studios -art, dance, and music, photograh etc. P P CUP Theaters, auditoriums, meeting halls CUP CUP CUP 22.42,035 Recommended Amendment: TABLE 2 -5 -ALLOWED TO USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS in Sections: RECREATION, EDUCATION AND OP OB CO PUBLIC ASSEMBLY USES Clubs, lodges, and private meeting halls P P P Comm unity/cultural centers P P P Cultural facilities, libraries and museums P P P Computer Services✓Network Gaming Centers CUP 22.42,035 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 I CUP Schools -public and private P P P Studios -art, dance, and music, photography, etc. CUP Theaters, auditoriums, meeting halls CUP I CUP I CUP 4 Section 22.10.030, Commercial/Industrial District Land Uses and Permit Requirements, (page II -20) Current: TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS LAND.USE=(1) PERMIT REQUIRED BY DISTRICT See standards in Sections: RECREATION, EDUCATION AND PUBLIC C-1 C-2 C4 I ASSEMBLY HAFS Adult oriented businesses P 22.42.020 Clubs, lodges, and private meeting halls CUP CUP Community/cultural centers I CUP Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities CUP CUP 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 I CUP CUP 5 Recommended Amendment.- TABLE mendment. TABLE 2 -6 -ALLOWED USES AND PERMIT .REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS "LAND USE. 1 PERMIT -REQUIRED BY DISTRICT See standards in Sections: RECREATION, EDUCATION AND PUBLIC C-1 C-2 C-3 I ASSEMBLY USES Adult oriented businesses P 22.42.020 Comm unity/cultural centers CUP Computer ServicevNetwork Gaming Centers CUPCUP 22.42.35 Cultural facilities libraries and museums P P P Healthtfitness facilities CUP CUP Indoor amusementlentertainment facilities CUP CUP 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 Article III Recommended Amendment.- Section mendment. Section 22.42.035, Computer Services✓Network Gaming Centers (Add new section:) A. Standards for Computer ServicesJNetwork 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. 2 a. - Shall provide at least one (1) full-time adult attendant or supervisor, 21 years of age or older for each 20 machines plus one security guard for each 20 machines, (Additional attendants and/or security surveillance or guards may be required if it is deemed necessary by the Los Angeles County Sheriff's Department or the Planning Commission.) b. Computers shall be available for use only between 10.00 a.m. and 12:00 midnight on Sunday through Thursday, and between 10:00 a.m. and 2:00 a.m. 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 a parent or guardian. d. Hours of operation shall be posted in a conspicuous place; e. A business license shall be obtained, prior to the issuance of Certificate of Occupancy, if required by the City or the County of Los Angeles, 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, h. Each computer services✓network gaming center shall provide at least one toilet and lavatory facility accessible to customers and employees, 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 adjacent to the premises, L Floor plan ;shall be designed in a manner that places the attendant or supervisor on duty in a position to see all computer screens; M. Business unit windows and glass doors shall remain unobstructed at all times, all entrances and interior areas shall be adequately lighted, and a lighting plan shall be reviewed and approved by the City prior to commencement of business, 7 n. Entrance doors shall be equipped with an automatic self-closing system; o. Alcohol consumption shall be prohibited; p. Accessing adult-oriented internet 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; q. 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 r. 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. 2. Amortization. Ali 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 Services✓Network 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 a -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. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162 (a) of Article 11 of the California Code Of Regulations and guidelines promulgated thereunder, the City has determined that this project is consistent with the previously adopted Negative Declaration No. 97-03 for the City's Development Code. Therefore, further environmental review is not required. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and San Gabriel Valley Tribune on February 28, 2002. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on February 27, 2002. RECOMMENDATIONS: Staff recommends that the Planning Commission adopt a resolution recommending approval of Development Code Amendment No. 2002-01 to the City Council. Prepared by: Ann J. Lungu, Associate Planner Attachments: 1. Draft Resolution; 2. Study Session Interoffice Memorandum dated February 21, 2002; and 3. Planning Commission Minutes for the February 26, 2002 Study Session. 10 1L 0 PLANNING COMMISSION RESOLUTION NO. 2002 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2002-01. RECITALS. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2002-01. Hereinafter in this Resolution, the subject Development Code Amendment shall be referred to as the "Application". 2. The Community and Development Services Department has determined that the following existing development standards within the Development Code requires modification in order to implement the General Plan: Article II Section 22.10.030, Commercial/Industrial District Land Uses and Permit Requirements, Table 2-5 and Table 2-6 Article III Section 22.42.035, Computer Services/Network Gaming Centers, (add new section) Article IV Section 22.80.020 Definitions of Specialized Terms and Phrases, Definitions, "C" (acid new definition) 3. Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on February 28, 2002. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on February 28, 2002. 0 4. The PlanningCommission of the Ci of Diamond Bar on March� City ' 2002 conducted a duly noticed public hearing on the Application. 5. On March 12, 2002, the Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that the Development Code Amendment No. 2002-01 attached hereto as Exhibit "A" implements the Strategies of the General Plan. The Planning Commission at that time 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. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162 (a) of Article 11 of the California Code Of Regulations and guidelines promulgated thereunder, is consistent with the previously adopted Negative Declaration No. 97-03 for the City's Development Code. Therefore, further environmental review is not required. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment No. 2002-01 attached hereto as Exhibit "A" and incorporated herein by reference. 2 4,0 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council foirthwith. APPROVED AND ADOPTED THIS 12TH OF MARCH 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. L-� Steve Nelson, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of March 2002, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: James DeStefano, Secretary 3 DEVELOPMENT CODE AMENDMENT NO. 2002-01 4" EXHIBIT "A" Section 22.10.030, Commercial/Industrial District Land Uses and Permit Requirements, of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: TABLE 2 -5 -ALLOWED TO USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS LAND USE 1 PERMITIftEQUIREMSY'DISTRICT See standards in Sections: RECREATION, EDUCATION AND OP OB CO Pl1RLIC eSSEMRLV "SES Clubs, lodges, and pdvate meeting halls P P P Comm unit /cultural centers P P P Cultural facilities libraries and museums P P P Computer Services/Network Gaming Centers CUP CUP 22.42.035 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 P P Studios -art, dance, and music, photographyetc. CUP Theaters, auditoriums meeting halls CUP CUP CUP 4 Section 22.10.030, CommerciaVindustrial District Land Uses and Permit Requirements, of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS LAND USE (1) PERMIT REOUIREDBY DISTRICT See standards in RECREATION, EDUCATION AND PUBLIC C-1 C-2 C-3 z Sections: ASSEMBLY USES Adult oriented businesses P 22.42.020 Clubs, lod es and private meeting halls CUP CUP Communit /cultural centers CUP Computer Services/Network Gaming Centers CUP CUP 22.42.35 Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities CUP CUP Outdoor recreation CUP Reli ious laces of worshipCUP CUP CUP CUP Schools- ublic and rivate p P Schools -s ecialized education and trainin P P P P Studios -art„ dance, and music, photography, etc. CUP CUP CUP Theaters, auditoriums, meeting halls CUP CUP 0 40P 1,' 4 Section 22.42.035, Computer Services/Network Gaming Centers, of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby inserted to read as follows: 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 at least one (1) full-time adult attendant or supervisor, 21 years of age or older for each 20 machines plus one security guard for each 20 machines; (Additional attendants and/or security surveillance or guards may be required if it is deemed necessary by the Los Angeles County Sheriff's Department or the Planning Commission.) b. Computers shall be available for use only between 10:00 a.m. and 12:00 midnight on Sunday through Thursday; and between 10:00 a.m. and 2:00 a.m. 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 a parent or guardian. d. Hours of operation shall be posted in a conspicuous place; e. A business license shall be obtained, prior to the issuance of Certificate of Occupancy, if required by the City or the County of Los Angeles; 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; h. Each computer services/network gaming center shall provide at least one toilets and lavatory facility accessible to customers and employees; Shall provide one parking space for every 50 square feet of gross floor area devoted to computer stations; j. Shall provide one parking space for every seat in the waiting area; 6 0 VP k. Shall, provide bicycle parking adjacent to the premises; I. Floor plan shall be designed in a manner that places the attendant or supervisor duty in aosition to see all computer screens; m Business unit windows and glass doors shall remain unobstructed at all times; all entrances and interior areas shall be adequately lighted, and a lighting plan shall be reviewed and approved by the City prior to commencement of business; n Entrance doors shall be equipped with an automatic self-closing system; o Alcohol consumption shall be prohibited; p 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; q 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 A computer servicestnetwork gaming center shall not be operated in a detrimental manner 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. 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 effective date of this Ordinance. Section 22.80.020 Definitions of Specialized Terms and Phrases, of Article IV, Title 22 of the City of Diamond Bar Municipal Code is hereby inserted to read as follows: Definitions, "C" Computer Services/Network Gaming Center. A business establishment hat 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) INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Associate Planner MIr 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 LaVerne 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) 16 From surveying the above-mentioned cities, issues have come about which relate tc parking, loitering, age -restricted access, curfew violations, censoring, hours of operation, noise, security, and amortization. Parking 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 require 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/A e -Restricted Access/ Loiterina 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 not 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 /Land Use Designations 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 services/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 servicestnetwork 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, Commercial/Industrial District Land Uses and Permit Requirements, (page II -17) Current: TABLE 2 -5 -ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING LAND USE (1) 1 'PERMIT REQUIREDBYDISTRICT See standards RECREATION, EDUCATION AND OP OB CO in Sections: PUBLIC ASSEMBLY USES Clubs, lod es, 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 I CUP Schools -public and private P p I p Fi Studios -art, dance, and music, hotography, etc. P CUP P Theaters, auditoriums, meeting malls CUP CUP CUP P Recommended Amendment: TABLE 2 -5 -ALLOWED TO USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS LAND USE (1) 'PERMIT REQUIRED BY DISTRICT See standards in Sections: RECREATION, EDUCATION AND OP OB CO PUBLIC ASSEMBLY USES Clubs, lodges, and private meeting halls P P P Comm unity/cultural centers P P P Cultural facilities, libraries and museums P P P Computer Services✓Network Gaming Centers CUP 22.42.035 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 P P Studios -art, dance, and music, Photography,etc. CUP Theaters, auditoriums, meetinghalls CUP CUP CUP t, Section 22.10.030, CommercialAndustrial District Land Uses and Permit Requirements, (page II -20) Current: TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS LAND USE PERMIT REQUIRED BY DISTRICT See standards in Sections: RECREATION, EDUCATION AND PUBLIC C-1 C-2 C-3 1 ASSEMBLY USES Adult oriented businesses P 22.42.020 Clubs, lodges, and private meeting halls CUP CUP Community/cultural centers I CUP Cultural facilities libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities CUP CUP 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 =CUPCUP F Recommended Amendment: TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS I LAND USE (1) I PERMIT REQUIRED BY DISTRICT i standards in Sections: RECREATION, EDUCATION AND PUBLIC C-1 C-2 C-3 ASSEMBLY USES Adult oriented businesses P 22.42.020 Clubs, lodges, and private meeting halls CUP CUP Community/cultural centers _ CUP Computer ServicewNetwork Gaming Centers CUP CUP 22.42.35 Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities I CUP CUP Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools -public and private p p Schools -specialized education and trainina P P P P Studios -art, dance, and music, photography, etc. CUP CUP CUP Theaters, auditoriums, meeting halls CUP CUP 9 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 maybe 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; 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; Shall provide one parking space for every 35 square feet of gross floor area devoted to computer stations, I Shall provide one parking space for every seat in the waiting area; k. Shall provide bicycle parking, Floor plan shall be designed in a manner that places the employee on duty in the position 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 internet 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 Z 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 Services✓Network 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 fora 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' 88:24 5629081238 �•� $�... PAGE 02 � cr ro HIT, F9' jig FEBRUARY 26, 2002. PAGE 3 PLANNING COMMISSION 8. STUDY SESSION: Discussion of Development Code Amendment (Computer Cafes). AssocP/Lungu presented staff s report. The public hearing will be rescheduled for March 12, 2002. Paul Esteves, Gamers-X, 926 N. Diamond Bar Boulevard, thanked staff for their interest in this matter. He acknowledged negative issues within the industry and supported standards and regulations for the PC Cafelgaming industry. He believed the proposed ratio of staff to customer is unfair. At $2.00 per hour for computer use, receipts are inadequate to pay for additional staff and to generate revenue. He felt that properly placed security surveillance equipment systems would insure adequate monitoring. He requested that the hours of operation be amended to 12:00 noon to 12:00 midnight weekdays and 12:00 noon to 2:00 a.m. weekend evenings. He also took exception to the two -bathroom requirement. He apologized for setting up his business prior to obtaining Conditional Use Permit approval. Sei Jong Oh, Market Workplace, said this business originated in Korea that currently provides 23,000 such businesses. Games are necessary to attract the students. Most young people stay for one to two hours to use the PC's and then go home to do their 1homework. VC/Ruzicka admires the imagination and creativity of people who wish to open new businesses in Diamond Bar. He asked if staff invited comments from the Sheriff's Department on this matter. He suggested that during a future public hearing that a Sheriffs Department representative be invited to speak about these types of businesses. a DCM/DeStefano responded that staff sought input from Lieutenant Mike Walker from the . Diamond Bar/Walnut Sheriffs Station whose comments are included in tonight's report. VC/Ruzicka believed that if potential problems are addressed in the beginning there should be no problem with this type of business. However, he was concerned about the expense of having local law enforcement respond to problems associated with this type of business. C/ Tye asked if staff has received complaints from adjacent businesses about noise. DCM/DeStefano said he is aware of a complaint from a beauty salon about Gamers-X. There was a time when noise affected the salon and the problem was mitigated by the use of headsets. C/Tye, commented on the fact that a tenant improvement permit was issued under the pretext of computer retai 1 sales, asked if any computer retail sales are taking place within these facilities. He also asked for advice regarding LA County's requirement for a business license.. DCM/DeStefano said that staff is not aware of any retail sale of computer hardware. However, there is some retail sales of computer games and accessory software. DCM/DeStefano spoke with FEBRUARY 26, 2002 _ PAGE 4 PLANNING COMMISSION the department director for business licensing with LA County. In order to require a business license for this type of business, a local ordinance needs to specifically create the requirement. As a result, the county will provide Licensing services. - C/Kuo was concerned with parking, security and noise issues. He felt that the parking spaces should directly relate to the number of computer stations. DCM/DeStefano stated that based upon survey of other cities, staff found that the ratio of one parking space per 35 feet of business space seemed to be the norm. These uses will require a conditional use permit that gives staff the opportunity to review each business on a case by case basis. C/Kuo was also concerned about the requirement for people under the age of 18 to be accompanied by an adult. Chair/Nelson said he shares VC/Ruzicka's concern about the Sheriff's Department having to spend time enforcing problems associated with feral adults on Saturday night when they should be out patrolling the community. The cost of security would therefore be the responsibility of the business) owner. DCM/DeStefano pointed out that conditional use permit reviews contain clauses to insure the modification of conditions to meet changing uses or conditions of the facility. Such clauses can contain language to address an appropriate number of calls for service from the Sheriffs Department. DCM/DeStefano reiterated that the public hearing for this matter is slated for March 12,20() 2. On ` that date, the Commission will be asked to make its decision regarding the ordinance. 41 C/Tye asked that staff provide information regarding the shortfall in revenue percentage anticipated from closing these businesses earlier than requested by W. Estevez. 3� d0 d0 'T,v 3 v O �z $ L!? �n ay o c z '_z v a"� �n O _a O O fA � Z 7 N Qq N g p S N (9 N O 0 8 W00 pN W N co C" r :7 OO n02. ± y v yy =C woo Y 7C RC1_ g 'sf 3 cc f0 2 �v, m' O w O �r+ co no CD H a tq8j N N b QNQ QN 8N p N N N N8 N w YY� Ln d.y-j tp V to N N P AtA 00 00 Cp70 CA O �p t� o -a ny 6 z c. to d r • bz to o o 0 o � o joo wo �o go n 0 �o �o 50 o 0d 00 °0 od 0 o0 o o zo 0 zo re on 0° H 9H H Ct1 >C17 °z � 5z � °z � zz oz oz °z oz ° Z- o z :7 I