The URL can be used to link to this page

Home My WebLink About05/28/2002PLANNING' COMMISSI FILE Copy AGENDA May 28, 2002 7:00 P.M South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Joe Ruzicka Vice Chairman Steve Tye Commissioner Steven Nelson Commissioner Dan Nolan Commissioner Jack Tanaka 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 lI of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recycled 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 PLANNING COMMISSION Tuesday, May 28, 2002 AGENDA CALL TO ORDER: 7:00 p.m„ PLEDGE OF ALLEGIANCE: Next Resolution No. 2002-13 ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice -Chairman Steve Tye, Steve Nelson, Dan Nolan, and Jack Tanaka. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission 3. APPROVAL OF AGENDA: Chairman. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1. Minutes of Regular Meeting: May 14, 2002. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1. Development Review No. 2002-02 (pursuant to Code Section 22.48.020.A.) is a request to construct a two-story single family residence on a vacant lot with a basement, nine -car garage, porte cochere, decks and balconies totaling to approximately 21,170 square feet. Additionally, the request includes a swimming pool/spa, gazebo and retaining walls with a maximum exposed height of six feet within the rear, side and front yards. Project Address: 22604 Ridge Line Road (Lot 166 of Tract No. 30091) Diamond Bar, CA 91765. May 28, 2002 Page 2 PLANNING COMMISSION Property Owner: Veneet K. Gupta 2359 Blue Haven Dr. Rowland Heights, CA 91748 Applicant: V.C. Dagam 1000 N. Regal Canyon Drive Walnut, CA 91789 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15303(a), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2002-02, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2. Development Review No. 99-09(1)lTree Permit 2000-02(1) (pursuant to Code Section 22.66.050.C.) is a request for a one-year extension of time for a project approved by the Planning Commission on April 11, 2000. The Planning Commission approval allows the construction of a two-story, single-family residence, of approximately 16,795 square feet, with a basement, balconies, porch, patios, indoor swimming pool, and five -car garage. Additionally, the request includes accessory structures: tennis court, rose garden with seating, and trellis. The extension of time, if approved, will allow the continuation of this entitlement until April 11, 2003. Project Address: 23622 Ridgeline Road (Lot 88 of Tract No. 30091) Diamond Bar, CA 91765. Property Owner/ Christina Dang Applicant: 2668 Highridge Drive Chino Hills, CA 91709-4876 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project was Categorically Exempt. The City has determined that the proposed extension of time does not substantially change the project or the Categorical Exemption finding. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 99-09(1)/Tree Permit 2000-02(1), Findings of Fact, and conditions of approval as listed within the draft resolution. May 28, 2002 D VA 10. Page 3 PLANNING COMMISSION 7.3. Conditional Use Permit No. 2002-06 (pursuant to Code Sections 22.10.030., Table 2-6 and 22.58.0130.) is a request to sell alcoholic beverages for off-site consumption in conjunction with the sale of motor fuel. Project Address: Property Owner: 206 S. Diamond Bar Boulevard Diamond Bar, CA 91765. Equilon Enterprises, LLC PO Box 4369 Houston, Texas 77210-4369 Applicant: Fausto Buchelli 206 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15301, the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2002-06, Findings of Fact, and conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS: INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future proiects. SCHEDULE OF FUTURE EVENTS: ADMINISTRATIVE REVIEW: PLANNING COMMISSION MEETING: TRAFFIC AND 'TRANSPORTATION COMMISSION MEETING: Tuesday, June 11, 2002 — 6:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, June 11, 2002 — 7:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, June 13, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive May 28, 2002 CITY COUNCIL MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Page 4 PLANNING COMMISSION Tuesday, June 4, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, June 27, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive FILE COPY Next Resolution No. 2002-13 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, May 28, 2002 AGENDA DEVISED CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice -Chairman Steve Tye, Steve Nelson, Dan Nolan, and Jack Tanaka. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary _(Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1. Minutes of Regular Meeting: May 14, 2002. 5. OLD BUSINESS: None. 6. NEW BUSINESS: 6.1 Review of Fiscal Year 2002-2003 Capital Improvement Program (CIP) for Conformity with the General Plan Recommendation: Staff recommends that the Planning Commission approve a resolution finding that the FY 2002-2003 Capital Improvement Program is in conformance with the General Plan. 7. PUBLIC HEARING(S): 7.1. Development Review No. 2002-02 (pursuant to Code Section 22.48.020.A.) is a request to construct a two-story single family residence on a vacant lot with a May 28, 2002 Page 2 PLANNING COMMISSION basement, nine -car garage, porte cochere, decks and balconies totaling to approximately 21,170 square feet. Additionally, the request includes a swimming pool/spa, gazebo and retaining walls with a maximum exposed height of six feet within the rear, side and front yards. Project Address: 22604 Ridge Line Road (Lot 166 of Tract No. 30091) Diamond Bar, CA 91765. Property Owner: Veneet K. Gupta 2359 Blue Haven Dr. Rowland Heights, CA 91748 Applicant: V.C. Dagam 1000 N. Regal Canyon Drive Walnut, CA 91789 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15303(a), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2002-02, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2. Development Review No. 99-09(1)/Tree Permit 2000-02(1) (pursuant to Code Section 22.66.050.C.) is a request for a one-year extension of time for a project approved by the Planning Commission on April 11, 2000. The Planning Commission approval allows the construction of a two-story, single-family residence, of approximately 16,795 square feet, with a basement, balconies, porch, patios, indoor swimming pool, and five -car garage. Additionally, the request includes accessory structures: tennis court, rose garden with seating, and trellis. The extension of time, if approved, will allow the continuation of this entitlement until April 11, 2003. Project Address: 23622 Ridgeline Road (Lot 88 of Tract No. 30091) Diamond Bar, CA 91765. Property Owner/ Christina Dang Applicant: 2668 Highridge Drive Chino Hills, CA 91709-4876 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project was Categorically Exempt. The City has determined that the r May 28, 2002 91 9 10 Page 3 PLANNING COMMISSION proposed extension of time does not substantially change the project or the Categorical Exemption finding. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 99-09(1)/Tree Permit 2000-02(1), Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3. Conditional Use Permit No. 2002-06 (pursuant to Code Sections 22.10.030., Table 2-6 and 22.58.030.) is a request to sell alcoholic beverages for off-site consumption in conjunction with the sale of motor fuel. Project Address: Property Owner: 206 S. Diamond Bar Boulevard Diamond Bar, CA 91765. Equilon Enterprises, LLC PO Box 4369 Houston, Texas 77210-4369 Applicant: Fausto Buchelli 206 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15301, the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2002-06, Findings of Fact, and conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS: INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. SCHEDULE OF FUTURE EVENTS: ADMINISTRATIVE REVIEW PLANNING COMMISSION MEETING: Tuesday, June 11, 2002 — 6:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, June 11, 2002 — 7:00 p.m. AQMD/Govt. Center Auditorium May 28, 2002 TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY COUNCIL MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Page 4 PLANNING COMMISSION 21865 E. Copley Drive Thursday, June 13, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Tuesday, June 4, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, June 27, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM Date: May 24, 2002 To: Chairman and Planning Commissioners From: James DeStefano, Deputy City Man 4 � Subject: Review of proposed Fiscal Year 2002-2003 Capital Improvement Program (CIP) for Conformity with the General Plan pursuant to Government Code Section 65401. Background: The California Government Code Section 65401 requires a Planning Commission review of public works capital improvement projects proposed within the ensuing fiscal year for compliance with the General Plan. This review is necessary prior to City Council adoption of the Fiscal Year 2002-2003 Budget. The Fiscal Year 2002-2003 Budget proposes a Capital Improvement Program with a total expenditure of $11,315,759. The CIP proposes $950,000 for street improvements, $2,220,000 for traffic improvements, $615,122 for park and recreation facility improvements, $6,820,627 for the Community and Senior Center Project and $710,010 for miscellaneous improvement projects. The specific list of projects is attached for your review. Funds to support the CIP are received from a variety of sources including the City General Fund, Gasoline taxes, Proposition "A" and "C" (transportation), Proposition "A" (parks), Community Development Block Grant (CDBG), Development Impact Fees, Lighting and Landscape Assessment District, Park Development, Quimby fees, FEMA, and others. The CIP has been developed by Community and Development Services Department staff based upon the identified improvement needs for the community. The lists of projects have been reviewed by staff for conformity with the adopted General Plan. The proposed FY 2002-2003 CIP is consistent with the overall Vision Statement and numerous Goals, Objectives, and Strategies contained within the Plan. Memorandum to the Planning Commission May 24, 2002 Page 2 Recommendation: Staff recommends that the Planning Commission adopt Resolution No. 2002 -XX finding the proposed FY 2002-2003 CIP in conformance with the General Plan. Attachments: 1. Draft Resolution 2. FY 2002-2003 Capital Improvement Project List 3. 5 Year Slurry Seal Areas Map 4. Excerpt from League of California Cities, Planning Commissioners Handbook. 5. Government Code Section 65401 PLANNING COMMISSION RESOLUTION NO 2002 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR MAKING FINDINGS, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65401, THAT THE PROPOSED FISCAL YEAR 2002-2003 CAPITAL IMPROVEMENT PROGRAM (CIP) IS CONSISTENT WITH THE GENERAL PLAN AND RECOMMENDING APPROVAL TO THE CITY COUNCIL. A. Recitals. 1. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan incorporating all State mandated elements. 3. The City Manager of the City of Diamond Bar has prepared a proposed Capital Improvement Program and Budget for the City's 2002-2003 Fiscal Year which outlines a program identifying proposed public works improvement projects to occur during the Fiscal Year. The projects include, but are not limited to, street and highway improvements, traffic signal installations and modifications and park improvements. 4. California Government Code Section 65401 requires the Planning Commission to review proposed public works projects for the ensuing fiscal year to determine compliance with the City's General Plan. 5. On May 28, 2002, at a regularly scheduled meeting, this Planning Commission, reviewed and discussed the City of Diamond Bar's Fiscal Year 2002-2003 Capital Improvement Program, and the projects contained therein, and concluded said review prior to the adoption of this Resolution. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the facts and evidence presented during the Planning Commission meeting regarding the City's proposed Fiscal Year 2002-2003 Capital Improvement Program, including oral and documentary evidence provided by City staff, the Commission, in accordance with the provisions of California Government Code Section 65401, hereby finds as follows: (a) The projects identified in the City's proposed Fiscal Year 2002-2003 Capital Improvement Program are consistent with the General Plan adopted July 25, 1995; (b) The proposed CIP projects comply with all other applicable requirements of State law and local ordinances, regulations, and standards; and (c) The proposed Fiscal Year 2002-2003 Capital Improvement Program is found to be Categorically Exempt, pursuant to Section 15301, of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder. 3. This Resolution shall serve as the Planning Commission's report to the City Council regarding the General Plan conformity of the proposed public works projects in the City's Fiscal Year 2002-2003 CIP as required by California Government Code Section 65401. 4. Based on the findings and conclusions set forth above, this Planning Commission W hereby recommends approval of the Fiscal Year 2002-2003 Capital Improvement Program as proposed which shall conform to Exhibit "A" dated May 28, 2002. The Planning Commission shall: (a) Certify as to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar for use in its deliberations regarding the City's budget. ADOPTED AND APPROVED THIS 28TH DAY OF MAY, 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe Ruzicka, Chairman I, James DeStefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28th day of May, 2002, by the following vote to wit: AYES: NOES: ABSENT: ATTEST: James DeStefano, Secretary VA UIIIIIIIIII O F a g U) �0 ..1 eo O N w > 3 O O 0 O m LU O N 0 O O O O Z: cc e n n m O e m In _Q Z- N f, O O � > LL W LL 0000 O > 0Cu)L. O LL O O N N CC V O O LL7 10 J Q O O O C O O O O p O O O O a U O O O O Q O O < p U � O O 1 O ^ O 0 000000000 O 000 0100000 O O 000 CO OOOOtb fa O OOOO^^OOtC fC n n r) r) I In O I O w N O U) 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O N N � N Y g o g �0 eo � N O O 0 O O N O O O O 1 O ^ O 0 000000000 O 000 0100000 O O 000 CO OOOOtb fa O OOOO^^OOtC fC n n r) r) I In O I O w N O U) 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O N N � N O N p IN Nc � 10 N e94 0V N N N 0 1 CO 00 o m -Im H7 N tri N N n N ^ Lh N O O O N N O O O O O O O m n N N a fp O I Id Q J n n LL N N f0 f0 D U, 1la Y v a i L O O 00 to U) 6 Co Co t m m O M ri ri to f0 1 V an LL CD � C rr 10�114 n Y N 0 r J F O 'c ~ A O 0 O Y O N O O N p IN Nc � 10 N e94 0V N N N 0 1 CO 00 o m -Im H7 N tri N N n N ^ Lh N O O O N N O O O O O O O m n N N a fp O I Id Q J n n LL N N f0 f0 D U, 1la Y v a i L O O 00 to U) 6 Co Co t m m O M ri ri to f0 1 V an LL CD � C rr 10�114 n Y N 0 r J F O 'c ~ A O 0 O 302&L & R E & LOCAL STREET MILEAGE AREA 1 s 19.6 r IFr9D—") AREA 2 ■ 22.0 c v�r Y1-oo) AREA 3 s 23.6 cF-`roo-oi) AREA 4 ■ AREA 5 • CITY OF DIAMOND BAR PAVEMENT MANAGEMENT SYSTEM February 1998 X -E Capital Imp. Programming 1 Capital Improvements ogrammiri Local jurisdictions use both police and corporate powers to serve their residents. Planners have traditionally relied upon the police powers to protect public health, safety and welfare through zoning and subdivision regulations. The corporate powers of local government, however, also have a major impact on land use issues. Corporate powers are used to develop physical facilities which have long term usefulness. These physical facilities include streets and highways, public buildings, water and sewer lines, and park and recreation facilities. Capital improvements programming is the multiyear planning of public infrastructure improvements. Since local government can seldom pay for these facilities through an annual operating budget, numerous techniques have evolved to finance capital improvements over a longer period. The total in- vestment, therefore, includes not only the cost of purchase or of design and construction, but also the cost of long team financing. Financing techniques include the use of current operating budgets, various types of bonding, special districts, special assessments, state and federal grants, and tax increment financing. The capital improvements program must take a longer view than the annual budget process, and must anticipate when new public facilities will be needed or when existing facilities must be replaced. The capital improvements program is a valuable implementation tool for carrying out the general plan. Because the general plan establishes policies . for the direction, intensity, and rate of future growth, the capital improvements program is instrumental in maintaining the local government's control of de- velopment. Government Code Section 65402 requires that acquisition or dis- posal of real property be reviewed by the planning agency for conformity with the general plan. Acquisition includes dedications for street, park or other public purposes as well as construction of public buildings or structures. Disposal includes street vacations or abandonments as well as the sale of public lands. Special districts, school districts, and joint powers agencies must also refer their capital improvements programs to the planning agency of each affected city or county for review of consistency with the applicable general plan. How these capital improvements projects fit the goals and policies of the general plan will determine to a large extent the success of the planning program. The capital improvements program is also a useful planning tool. The avail- ability of public facilities can serve as a basis for approval or denial of devel- opment proposals. In many cases, the costs of public improvements are borne by the private developer and eventually passed through to the home buyer or the commercial/industrial user. In other cases, local government will pay im- provement costs for developments which will provide significant employment opportunities, increase sales tax revenues, or further adopted goals and poli- cies. The prioritized list of capital improvements, therefore, must be flexible to respond to development opportunities, yet must be guided by the long term benefits which will accrue to the local jurisdiction and its residents. There are four basic steps in developing a capital improvements program: project identification, prioritization, reconciliation, and adoption. Needed capital improvements should be identified and reliable preliminary cost estimates should be prepared. Once identified, projects should be listed according to need. This listing should include why each project is important and what the • consequences will be if it is or is not funded. The next step is to reconcile this prioritized listing into a comprehensive capital improvements program which coordinates improvement scheduling and recognizes the constraints of mun- cipal financing. Finally, the capital improvements program should be formally reviewed and adopted by the local government. DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 149 2002 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Nelson led in the pledge of allegiance. 1. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Steve Tye and Commissioners Steve Nelson, Dan Nolan and Jack Tanaka. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of April 23, 2002. C/Nelson moved, C/Nolan seconded, to approve the Minutes of the Regular Meeting of April 23, 2002, as presented. Without objection, the motion was so ordered. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. MAY 14, 2002 7. PUBLIC HEARINGS: PAGE 2 PLANNING COMMISSION 7.1 Conditional Use Permit No. 2202-04 is a request (pursuant to Code Section 22.42.G.4.) to install a rooftop telecommunications paging facility consisting of two 14 -foot high whip antennas, one dish antenna, two GPS antennas and one equipped cabinet. PROJECT ADDRESS PROPERTY OWNER: APPLICANT: APPLICANT'S AGENT: 21725 Gateway Center Drive Diamond Bar, CA 91765 Diamond Bar Hotel Fund 21725 Gateway Center Drive Diamond Bar, CA 91765 Skytel 515 E. Amite Street Jackson, MS 39201 Mericom Corp. 4700 Northgate Boulevard #160 Sacramento, CA 95834 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Conditional Use Permit No. 2002-04, Findings of Fact, and conditions of approval as listed within the resolution. Boudewijn Hanrath, Mericom Corporation, 167 Technology Drive, Irvine, agents for Skytel, said he read staff's report and concurs with the conditions of approval. The antenna will project 14 feet above the parapet. An Omni antenna is omni -directional and points in all directions. VC/Tye asked if the antenna could be moved to the center of the building roof so as not to be visible from street level. Mr. Hanrath said that the structure would eat up a substantial amount of the propagation and would therefor have to be much higher. Chair/Ruzicka opened the public hearing. P MAY 14, 2002 PAGE 3 PLANNING COMMISSION There being no one present who wished to speak on this matter, Chair/Ruzicka closed the public hearing. C/Nolan moved, C[]Fanaka seconded, to approve Conditional Use Permit No. 2002-04, Findings of Fact, and conditions or approval as listed within the resolution. AssocP/Lungu asked that Condition 5(I) on page 5 be reworded as follows: "All cable on the exterior of the building shall be flashed and painted to match the existing building." Chair/Ruzicka applauded the Gateway Corporate Center architectural committee for keeping tops of buildings as aesthetically pleasing as possible and hoped they wound continue in the vein. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Tanaka, Nelson, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2002-05 (pursuant to Code Section 22.48.020.A(1)) is a request to remodel and add approximately 1,533 square feet to an existing 1,304 square feet single family residence including the two car garage. PROJECT ADDRESS: 2953 Rising Star Drive Diamond Bar, CA 91762 PROPERTY OWNER: Kenneth and Luna Chu 2953 Rising Star Drive Diamond Bar, CA 91765 APPLICANT: Chien Yeh 1274 E. Center Court Drive #211 Covina, CA 91724 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-05, Findings of Fact, and conditions of approval as listed within the resolution. MAY 14, 2002 PAGE 4 PLANNING COMMISSION Chien Yeh, architect, said that he read staff's report and concurs with the conditions of approval as outlined. Mr. Yeh indicated to VC/Tye that he understands that Condition 5(0) precludes a patio cover and that the condition presents no obstacle for the property owner. Chair/Ruzicka opened the public hearing. There being no one who wished to speak on this matter, Chair/Ruzicka closed the public hearing. C/Nelson moved, C/Nolan seconded, to approve Development Review No. 2002-05, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS: VC/Tye said that in his opinion, Diamond Bar Honda shows wonton disregard for rules and regulations. The City has bent over backward for this company and in fact, changed its development code for their benefit. He asked that the matter be agendized for review by the Planning Commission to bring them into compliance with the sign ordinance. DCM/DeStefano reported that he has a meeting scheduled with Diamond Bar Honda later this week to discuss the violations of the sign code that exists on their property as well as, other issues. He expects that Diamond Bar Honda will act immediately to remedy the situation. However, if they do not do so, code enforcement will issue a notice to correct and the matter will take its natural course. 9. INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. DCM/DeStefano reported that staff would schedule a public hearing before the Planning Commission in about 60 days as directed by the City Council. The purpose of the public hearing is to consider a zone change for the 41 MAY 14, 2002 PAGE 5 PLANNING COMMISSION Diamond Village/Kmart/Gentle Springs area from Diamond Bar Boulevard to the SR 60 and Prospectors Road. 10. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 7:35 p.m. Attest: Chairman Joe Ruzicka Respectfully Submitted, James DeStefano Deputy City Manager City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 7.1 REPORT DATE: May 8, 2002 MEETING DATE: May 28, 2002 CASE/FILE NUMBER: Development Review No. 2002-02 APPLICATION REQUEST: To construct a two story single-family residence with a basement, nine car garage, porte-cochere, balconies, patios and deck of approximately 21,170 square feet. Additionally, the request includes a swimming pool/spa, gazebo and retaining walls with a maximum exposed height of six feet. PROJECT LOCATION: 22604 Ridgeline Road (Lot 166, Tract No. 30091) Diamond Bar, CA 91765 PROPERTY OWNER: Veneet K. Gupta 2359 Blue Haven Drive Rowland Heights, CA 91748 APPLICANT: V. C. Dagam 1000 N. Regal Canyon Drive Walnut, CA 91789 BACKGROUND: The property owner, Veneet K. Gupta and applicant, V. C. Dagam are requesting an approval of Development Review No. 2002-02 pursuant to Code Section 22.48.020. A. Approval of this request will allow the construct of a two-story single-family residence with a basement, nine car garage, porte-cochere, balconies, patios and deck for a total of approximately 21,170 square feet. Additionally, the request includes a swimming pool/spa, gazebo and retaining walls with a maximum exposed height of six feet. 1 The project site, is located at 22604 Ridgeline Road (Lot 166, Tract No. 30091) within a gated community identified as "The Country Estates". It is a rectangular shaped vacant lot of approximately 1.23 gross acres (1.14 net acres) sloping up toward the center of project site then sloping downward toward the rear of the project site. It does not contain a "restricted use area" or easements. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and zoning designation of Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000). Generally, the following zone surrounds the project site: To the north, south, east and west is the R-1-40,000 Zone. ANALYSIS: 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 complement and add to the economic, physical, and social character of the City. In this case, the process will also ensure that the proposed project's development yield a pleasant living environment for the residents and visitors as the result of consistent exemplary design. Pursuant to Development Code Section 22.48.020. A., an application for Development Review is required for residential projects, which involve construction on a vacant parcel and new structures, additions to structures, and reconstruction projects which are equal to 50 percent or greater of the floor area of existing structures on site, or have a minimum 10,000 square feet of combined gross floor area. The proposed residential project is on a vacant lot with a gross floor area of approximately 21,170 square feet; therefore Development Review is required with the Planning Commission as the review authority. The following is a comparison matrix of the development standards set forth by the City's Development Code and the project's proposed development standards. CITY'S DEVELOPMENT STANDARDS PROPOSED PROJECT'S DEVELOPMENT STANDARDS SETBACKS: MINIMUM FROM PROPERTY LINES SETBACKS: FROM PROPERTY LINES Residence: Residence: • Front yard — 30 ft.; • Front yard — 48 ft.; Side yard —10 & 21 ft., with 41 and 27 ft. • Side yard —10 & 15 ft. with 25 ft. between between residences on adjacent lots: structures on adjoining parcels; • Rear yard —100 ft. plus; Rear yard — 25ft.; 2 BUILDING HEIGHT: BUILDING HEIGHT: • Two stories — maximum 35 ft. from natural or Two stories with a basement — 35 ft from natural finished grade; or finished grade; PARKING: PARKING: • Minimum two car garage (10'x 20' each); Garage — 60 ft. X 71 ft. = 4,260 sq. ft. which will provide a minimum of 9 parking stalls; FENCING/WALLS: FENCING/WALLS: • Maximum exposed height within the side and 9 Maximum exposed height within rear and side rear setback — 6 ft; front - 6 ft. (not within the 30 ft. front yard setback; • Maximum exposed height within the front setback — 42 inches; 0 Maximum exposed height within the front setback will be conditioned in resolution to not exceed a height of 42 inches; ACCESSOR STRUCTURES: ACCESSOR STRUCTURES: • Swimming pool/spa: Setback - 5 ft. from any 0 Swimming pool/spa: Setback - 40 & 180 ft. from property line; side property line; and 195 ft. from rear property line; • Gazebo: Setback - 5 ft. from any property line; • Gazebo: Setback - 35 & 55 ft. from side property line; and 100 ft. from rear property line; LOT COVERAGE: LOT COVERAGE: Maximum — 30 percent. 20 percent. The proposed project's development standards are in compliance with the required development standards as specified in the Development Code. In addition, "The Country Estates" architectural committee has approved the proposed project. Architectural Features and Colors The proposed residence's architectural style, as referred to in the application is Mediterranean. This style is compatible with other residences in "The Country Estates" due to the eclectic architectural style that is existing in this area. Prominent architectural features include front entry with the porte-cochere supported by stylized Corinthian columns and front windows flanked by the stylized columns. A materials/colors board has been submitted which delineates the following: Stucco Colors La Habra Stucco — X-50 Crystal White Aluminum Windows White Roof Clay Roof "S" Tile — Standard Red Fascia Trim/Wood Goose Feather — 60YR 83/026 Pink/beige The proposed materials/colors board is compatible with other residences within the area. Floor Plan The proposed single-family structure contains a basement with two stories above. The basement contains a bedroom with bathroom, exercise/ sauna room, mechanical room and garage. The first floor contains an foyer, living room, dining room, library/office, master bedroom with bathroom and closet, kitchen with ethnic kitchen, breakfast nook, pantry, family room, entertainment room with wet bar, laundry room, four bedrooms with bathrooms, linen closet, water heater closet and two powder rooms. The second floor contains a master bedroom with bathroom and walk-in closet, four bedrooms each with a bathroom, seating room, prayer room, and laundry room. A total of 11 bedrooms are proposed with a garage that can park a minimum of nine cars. Additionally, the driveway, porte-cochere and motor court can park several additional cars. Therefore, staff believes that the number of bedrooms in relationship to the number of parking spaces provided will be adequate. Gradinci The grading plan indicates that proposed project would generate approximately 1,252 cubic yards of cut and 865 cubic yards of fill. The cutwork is related to creating the basement and development pad area. The fillwork is related to raising the pad in the deck and gazebo areas, pool/spa/ pool deck area and at the side yard between the south property line and patio. The soils report, dated May 15, 2002 prepared by Geo-Etka, Inc. was submitted to the City on February 26, 2002. It is being reviewed by Leighton and Associates, Inc. Comments from Leighton and Associates have been submitted to the applicant. The City is waiting for the applicant's response. Retaining Walls The City's Development Code permits wall/retaining walls with a maximum exposed height of six feet. However, wall/retaining walls located within the 30 foot front yard setback in the R-1-40,000 Zone shall not exceed an exposed height of 42 inches. For this project retaining walls are proposed at varying heights with a maximum exposed height of six feet. The retaining walls are located mostly in the rear portion of the development area. Two retaining walls are located in the front side yards but not within the 30 -foot front yard setback. Retaining walls within the rear portion of the project site are utilized to raise the development pad area. Gazebo The proposed gazebo is located within the rear portion of the development pad. Retaining walls with planter areas between are utilized to raise the pad and support the gazebo structure. The gazebo's architectural style, materials, and colors will match the proposed single-family residence. Land scaping/I rrigation/Trees A landscape plan was submitted with this project's application. The applicant is required to submit a final landscape/irrigation plan for the City's review and approval prior to the issuance of any City permits. The landscape plan shall delineate the species, size and quantity of all plant materials including plant materials utilized for slopes and camouflaging the retaining walls. All landscaping shall be installed prior to the project's final inspection or Certificate of Occupancy issuance. Pursuant to Code Section 22.38.020, native oak, walnut, sycamore, willow, and naturalize California pepper trees with a diameter at breast height (DBH) of eight inches or greater shall be protected. However, the Development Code does allow the removal and relocation of protected trees with certain findings. These findings relate to health and safety, health and form of a tree, interference with utility services and the compromising of a property owner's reasonable use and enjoyment of their property. However, adjacent to the development area and north property line a walnut tree exists. According to the applicant's arborist, this tree is diseased. Nevertheless, the applicant intends to protect this tree during construction pursuant to Development Code Chapter 22.38. The existing vegetation is (located on the rear slope and not within the development area. If during construction, the above referenced tree species are discovered on site and need protection the applicant will be required to comply with Development Code Chapter 22.38. Additional Review The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project is categorically exempt. 5 NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on May 16, 2002. Public hearing notices were mailed to approximately 135 property owners within a 500 -foot radius of the project site on May 13, 2002. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on May 13, 2002. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2002-02, Findings of Fact and conditions of approval as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: The design and layout of the proposed development is consistent with the General Plan, City Design Guidelines, development standards of the applicable district, 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 unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's 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 that 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 ore resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Ann J. Lung , Asso ate Planner Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, elevations, sections, grading plan, landscape/irrigation plan and colors/materials board dated May 28, 2002; 3. Application; 4. Site plan delineating the Walnut trees location; and 4. Aerial. IFA B. PLANNING COMMISSION 4:5., RESOLUTION NO. 2002 -XX �P_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-02 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE-STORY SINGLE FAMILY RESIDENCE WITH BASEMENT, NINE CAR GARAGE, PORTE- COCHERE, BALCONIES, PATIOS AND DECK TOTALING TO APPROXIMATELY 21,170 SQUARE FEET. THE REQUEST ALSO INCLUDES A SWIMMING POOUSPA, GAZEBO AND RETAINING WALLS WITH MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE PROJECT SITE IS LOCATED AT 22604 RIDGELINE ROAD (LOT 166, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. RECITALS. The property owner, Veneet K. Gupta and applicant, V. C. Dagam have filed an application for Development Review No. 2002-02 and categorical exemption for a property located at 22604 Ridgeline Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. On May 16, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On May 13, 2002, public hearing notices were mailed to approximately 134 property owners within a 500 -foot radius of the project site. On May 13, 2002, the project site was posted with a display board and the public notice was posted in three public places. 3. On May 28, 2002, the Planning Commission of the City of Diamond Bar conducted and concluded 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: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301(a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site located within a gated community identified as "The Country Estates". It is a rectangular shaped vacant lot of approximately 1.23 gross acres (1.14 net acres) sloping up toward the center of project site then sloping downward toward the rear of the project site. It does not contain a "restricted use area" or easements. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone surround the project site: To the north, south, east and west is the R-1-40,000 Zone. (e) The Application request is to construct a two story single-family residence with a basement, nine -car garage, porte-cochere, balconies, patios and deck for a total of approximately 21,170 square feet. Additionally, the request includes a swimming pool/spa, gazebo and retaining walls with a maximum exposed height of six feet. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site, an existing vacant lot, was created prior to the City's incorporation. The project site was always considered to be developed as a single-family residential property. 2 On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.23 gross acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and material of other homes within "The Country Estates. " (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site was always planned for the development of a single- family residence. The proposed project is a single-family residence, which is consistent with single family residences established within "The Country Estates". As such, the proposed residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will remain a single-family residence. Additionally, Ridgeline Road adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in application) is Mediterranean. Prominent architectural features include front entry with the porte-cochere supported by stylized Corinthian columns and front windows flanked by the stylized columns. Color scheme and construction materials are consistent and compatible with the eclectic architectural style, materials and colors of other homes within "The Country Estates. " Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, the General Plan, and City Design Guidelines. Additionally, there is not a specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors 3 through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials board, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated May 28, 2002 as submitted and approved by the Planning Commission, 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, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and 4 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) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate plant species, size, quantity and location and shall include plana: material utilized for slopes. All Ian dscaping/irrigation shall be installed prior to the project's final inspection or Certificate of Occupancy issuance. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) All retaining walls/walls shall not exceed an exposed height of six feet except retaining walls/walls within the front yard setback shall not exceed 42 inches in height. (f) The residential structure shall not exceed a height of 35 feet as measured from the natural or finished grade adjacent to the exterior walls. The 3:i foot height shall include the chimneys. At roof sheathing inspection, the applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement. (g) Wet bar shall not contain kitchen or other cooking facilities (i.e. cooking stoves with or without an oven, hot plates, kitchen sink, cabinets an appurtenant plumbing, microwave or convection oven, etc.). (h) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Finish surface and finished grade; and (5) Retaining wall elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated. (i) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval. The geotechnical report shall reference the stability of the retaining walls to withstand pressure of the retained soils. 5 (j) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (m) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (k) 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. (1) The applicant shall make a new application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (m) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. (n) The proposed residence shall comply with the State Energy Conservation Standards. (o) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (p) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (q) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code) requirements. (r) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (s) All balconies shall be designed for a 40 -pound per square foot live load. 6 (t) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (u) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (v) The Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County Recorders Office prior to the issuance of a building permit. (w) Adjacent to the development area and north property line a walnut tree exists. The applicant shall protect this walnut tree pursuant to Development Code Chapter 22.38 -Tree Preservation and Protection. The existing site vegetation is located on the rear slope and not within the development area. If during construction native oak, walnut, sycamore, willow, and naturalize California pepper trees with a diameter at breast height (DBH) of eight inches or greater are discovered on site and need protection, the applicant shall comply with Development Code Chapter 22.38 -Tree Preservation and Protection. Prior to the issuance of any City permits, grading, grubbing or any other disturbance of the property, the applicant shall delineated the trees specified above on a revised grading plan for the City's review and approval. (x) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar. Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (z) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Veneet K. Gupta, 2359 Blue Haven Drive, Rowland Heights, CA 91748 and V. C. Dagam, 1000 N. Regal Canyon Drive, Walnut, CA 91789. APPROVED AND ADOPTED THIS 28Th OF MAY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Mm Joe Ruzicka, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of May 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary s COMMUNITY D'—LOPMENT DEPARTMENT 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 DEVELOPMENT REYMW APPLICATION Record Owner Applicant Name e5riJrrAtygU5pT w. asst name tet) Address Z51" OWE: "VW (W city rMNJD 4S. 4A zip -T 1748 Phone( ) 17"~, v. Z, (Last name first) ipw N- GYM. GR Phone(6j�_ �(� 2 - 732Z FPL ,# 0ZQ07,-0(. Deposit S 21oA�. C• Receipt,# �� e,/ 9d By Date Rec'd Applicant's Agent "EU-L.W t JEF11 As (Last name first) IaV 11• GYN . M. W-41,fl Lam, e,- A - II7.fq Phcne(" 51$ — •e}�f 11 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 case. (Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent I Signed, 00 t I m e ner of the herein described property and permit the applicant to file this request. 1 (All record owners) Date Certif:ratinn: I, the undersigned, hereby certify underpenalty of perjury that their{forntation herein provided is correct to the best of my knowledge. Print Name J W-5 'I IAS ,Lt,. �,��I�• j�,ti1 j (Applicant or Agent) �/ Signed G /Dat e Zd Q i Ap licant or Agent) Location ZZ645A II17A5 UIQ LPr-1166 W-M:3n5�q1� bIAN(ptiljJ r t L+4` (Street address or tract and lot number) Zoning L0 —1-- HNM 64 Previous Cases Present Use of Site Use applied for I ` s-t'a I s i r�ri,,� i �Y lze6r I d w�A L- ��.n ► Ij - rim /� �'i r. / �� _ r Area • • • . /Landscaping/Open17 Project size L51 4,41 5-V- Lot Coverage 26. 51"ZOProposed deasiry I E� i-r� Style of Architecture (UmLS/Acres)/l Number of Floors Proposed 2 Slope of Roof 31<Z ' Z Grading' -615V eW-AVI" FL.A44 Cut �ZSZ Import If yes, Quantity Export w4:POE If yes, Quantity 0 If yes, Quantity Fill 96 5 TREE PRESERVATION STATEMENT The subject property contains no oak, walnut, sycamore, willow, or naturalized \� California Pepper trees. ( ] The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees, The applicant anticipates that no activity (grading and/or construction) will tike place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. [ ) The subject property contains one or more oak, walnut, sycamore, willow, or naturalized Califomia Pepper trees. The applicant states that activity (grading and/or construction) wdl take place within five (S) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. U (Applicant's Signature; D: WORD.LJMA%FoRm=REE STATEMENT (Date) elavAt4loi m 'M e M GEOV'IE WlNOOS9S 951 9817000/NT�d u+kadheu i.af$R`ii& . -�-bbl,-81�<�-bdb -Ya I Y-�-.i1r"4"Ma9✓a /` i �',boo�i 2!' !'moi -10� X1'1 �'�,� bo�i �J a 1I W� �Oralal-h'' I di•!J:•iidt.� j ° o " t iTM � N --- a�yaa_ U 4" It U 4" r, 9L ift r, ■1 A > 4' 1p > 4' SII Wi di -zi 117 r� t g- 27 117 i. i. IN ii sc IN I I I I City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: '"I ;t' REPORT DATE: May 15, 2002 MEETING DATE: May 28, 2002 CASE/FILE NUMBER: Development Review 99-09(1)/Tree Permit No. 2000-02(1) APPLICATION REQUEST: One-year extension of time of the Planning Commission grant PROPERTY LOCATION: 23622 Ridgeline Road (Lot 88 of Tract No. 30091) Diamond Bar, CA PROPERTY OWNER/APPLICANT: David and Christina Dang, 2668 Highridge Drive, Chino Hills, CA 91709 BACKGROUND: The property owner/Applicant, David and Christina Dang, are requesting an extension of time for Development Review No. 99-09/Tree Permit 2000-02 (pursuant to Code Section 22.66.050.C.) that the Planning Commission approved on April 11, 2000 by Resolution No. 2000-05. The Planning Commission approval allows the construction of a two-story, single-family residence, of approximately 16,795 square feet, with a basement, balconies, porch, patios, indoor swimming pool, and five -car garage. Additionally, the request includes accessory structures: tennis court, rose garden with seating, and trellis. The extension of time, if approved, will allow the continuation of this entitlement until April 11, 2003. The project site is zoned R-1-40,000, single-family residence. The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. Generally, the following zones surround the subject site: to the north is R-1-8,000, to the south, east and west is the R-1-40,000 Residential Zone. ANALYSIS: EXTENSION OF TIME Pursuant to Development Code Section 22.66.050.C., an approved permit or entitlement shall be exercised before its expiration (i.e., obtain a building permit and continuous on-site construction activity; obtain a grading permit and complete a significant amount of on-site grading; or actually implement the land use in its entirety). If the permit or entitlement is not exercised, the applicant shall file a written request for an extension of time with the appropriate review authority. In this case, the appropriate review authority is the Planning Commission. If the Planning Commission determines that the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit, the Planning Commission shall grant an extension of time up to two consecutive periods not to exceed six months each or a total of one year. Planning Commission Resolution No. 2000-05, Condition 5(x), for the project states, "this grant is valid is for two years and shall be exercised within that period or this grant shall expire. A one- year extension of time 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." The Applicant has been out of the country, however, upon returning called the City regarding the extension. Staff informed the Applicant to make the request in writing immediately. A written request and funds followed which requested the one-year extension of time. The Applicant's traveling schedule, bank loan processing and contractual negotiations were not in order to meet the first deadline, and therefore an extension is needed. Staff has advertised the item at the first available meeting with the Applicant. The extension of time request does not modify the project's original approval in any way. NOTICE OF PUBLIC HEARING: Thirty property owners within a 500 -feet radius of the project site were noted by mail on May 14, 2002. This item was advertised in the San Gabriel Vallev Tribune and the Inland Vallev Daily Bulletin newspapers on May 17, 2002. A notice of public hearing on a display board was posted at the site on May 17, 2002 and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the application. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). RECOMMENDATIONS: Staff recommends that the Planning Commission approve a one year extension of time for Development Review No. 99-09(1)JTree Permit No. 2000-02(1) to April 11, 2003, findings of Fact and conditions of approval as listed within the attached resolution. E REQUIRED EXTENSION OF TIME FINDINGS: 1. The permittee has established, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial (hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended. 2. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Extension of time draft resolution; 2. Extension of time correspondence; 3. Planning Commission Resolution No. 2000-05; 4. Staff reports dated March 22 and April 6, 2000; 5. Exhibit "A" - site plan, floor plan, elevations, landscape plan, grading plan, site photos, and materials/color's board, dated April 11, 2000. D: WORD-LINDAIPLANCOMMIPROJECTS\DR99-09('1) 23622 Ridgeline /REP DR99-09(1) ... 3 i)KAr- 1 PLANNING COMMISSION RESOLUTION NO.2001-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING AN EXTENSION OF TIME OF THE APRIL 11, 2000, PLANNING COMMISSION APPROVAL FOR DEVELOPMENT REVIEW NO. 99-09 (1) AND TREE PERMIT NO. 00- 02(1) THAT ALLOWS THE CONSTRUCTION OF A TWO-STORY, SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 16,795 SQUARE FEET WITH A BASEMENT, BALCONIES, PORCH, PATIOS, INDOOR SWIMMING POOL AND A FIVE -CAR GARAGE ON A VACANT PARCEL. ADDITIONALLY, THE REQUEST INCLUDES ACCESSORY STRUCTURES: TENNIS COURT, ROSE GARDEN WITH GAZEBO, AND TRELLIS. THE PROJECT SITE IS 23622 RIDGELINE ROAD A. RECITALS. The property owner/applicant, David and Christina Dang, have filed an extension of time application for Development Review No. 99-09 (1) and Tree Permit No. 00- 02(1) approved by the Planning Commission on April 11, 2000, for a property located at 23622 Ridgeline Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time for the Development Review and Tree Permit shall be referred to as the "Application." 2. On May 14, 2002, thirty property owners within a 500 -feet radius of the project site were notified by mail. On May 17, 2002, this item was advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. A notice of public hearing on a display board was posted at the site on May 17, 2002 and displayed for at least 10 days before the public hearing. Three other public places were posted within the! vicinity of the application. 3. On May 28, 2002, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 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 determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Qualify Act of 1970 (CEQA) and guidelines promulgated DRAFT thereunder. This is pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a time extension of the April 11, 2000 Planning Commission approval by Resolution No. 2000-05. The Planning Commission approval allows the construction of a two-story, single-family residence of approximately 16,795 square feet with a basement, balconies, porch, patios, indoor swimming pool and a five -car garage on a vacant parcel. Additionally, the request includes accessory structures: tennis court, rose garden with gazebo, and trellis. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. (c) The project site is zoned R-1-40,000, single-family residence. (d) Generally, the following zones surround the subject site: to the north is R-1- 8,000, to the south, east and west is the R-140,000 Residential Zone. Extension of Time Finding (e) The permittee has established, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended; The applicant submitted a request in writing for a one-year extension of time. The extension of time is needed because the Applicants traveling schedule, bank loan processing and contractual negotiations were not in order to meet the first deadline. Therefore, the extension of time is needed. The extension of time request does not modify the project's original approval in any way. DRAFT (f) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). The City has determined that: the extension of time does not substantially change the project and no further review is required. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to the site plan, floor plans, elevations, grading plan, landscape plan, site photos, and material slcolors board collectively labeled as Exhibit "A" dated April 11, 2000 as submitted and as approved by the Planning Commission on April 11, 2000. (b) Planning Commission Resolution No. 2000-05 approved on April 11, 2000, shall remain in full force and effect except as amended herein. (c) This extension of time grant is valid for one year and shall be exercised (i.e., construction started) within that period or this grant shall expire on April 11, 2003. (d) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (e) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: David and Christina Dang, 2668 Highridge Drive, Chino Hills, CA 91709. 3 DRAFT APPROVED AND ADOPTED THIS 28th DAY OF MAY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe Ruzicka, 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 28th day of May 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 4 Christina Dang _ 23622 Ridge Line Dr Diamond Bar CA 91765 Mr. Jinn DeStefano City of Di=ond Bar lte: Development Review' 99-9 and "free permit 2000-2 26322 Ridge Line Dr Diamond Bar CA Dear Mr.Destafano Due to the timely process of the bank and our traveling schedule aboard we were not able to start the job within the; time allowed. Therefore, we would like to ask the city to allow us to extend a case one-year of time. Thank you. Sincerely Yours, i C:hnstm Darng PLANNING COMMISSION RESOLUTION NO. 2000-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-09, TREE PERMIT 2000-02, AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO- STORY, SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 16,795 SQUARE FEET WITH A BASEMENT, BALCONIES, PORCH, PATIOS, INDOOR SWIMMING POOL AND A FIVE - CAR GARAGE ON iA VACANT PARCEL. ADDITIONALLY, THE REQUEST INCLUDES ACCESSORY STRUCTURES: TENNIS COURT, ROSE GARDEN WITH GAZEBO, AND TRELLIS. THE PROJECT SITE I;S 23622 RIDGELINE ROAD (LOT 88 OF TRACT MAP NO. 30.289), DIAMOND BAR CA. A. Recitals 1. The property owner, David Deng, and applicant, S&W Development, have filed an application for Development Review No. 99-09 and Tree Permit No. 2000-02 for a property located at 23622 Ridgeline Road, Diamond Bar, Los Angeles County, California, and part of the gated development identified as "The Country Estates", as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Tree Permit, and Categorical Exemption shall be referred to as the "Application". On March 17, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley '*ribune and Inland Valley Daily Bulletin newspapers. Thirty property owners within a 500 -foot radius of the project site were notified by mail. On March 17, 2000, a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the application. 3. On March 28, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the public hearing to April 11, 2000, and concluded the public hearing on April 11, 2000. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 23622 Ridgeline Road (Lot 88 of Tract No. 30289), Diamond Bar, CA, within the gated community identified as "The Country Estates.~ The project site is approximately 2.68 gross acres and 2.60 net acres. It is shaped irregularly, widening and sloping downward toward the rear, southwesterly exposure. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site .is zoned R-1-40,000, single-family residence. (c) Generally, the following zones surround the subject site: to the north is R-1-8,000, to the south, east and west is the R-1-40,000 Residential Zone. (d) The application is a request to construct a two- story, single-family residence of approximately 16,795 square feet with a basement, balconies, porch, patios, indoor swimming pool and a five -car garage on a vacant parcel. Additionally, the request includes accessory structures: tennis court, rose garden with gazebo, and trellis. A 2 Tree Permit: is requested to remove and replace one 8" DBH oak tree currently on site. DEVELOPMENT REVIEW (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 specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site, was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995 which has a land use designation of Rural Residential (Max. 1 du/acre). 'The proposed use is zoned for single- family residence at R-1-40,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Development Code. Furthermore:, the applicant has obtained the approval of "The Country Estates" Homeowners' Association Architectural Committee. There is no specific or additional community planned development: for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use of a single-family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project: site is adequately served by Ridgeline Road. This private street is designed to handle minimum traffic created by this type of development. 3 (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design is compatible with the eclectic architectural style of other homes within "The Country Estates," and is consistent with the City's Design Guidelines and Development Code. The project's architectural features include portico entry with precast concrete columns; balconies with precast concrete balustrades; deco foam stucco details, cornice, dentil, and window treatments; dome for skylight; and multi-levels of roof lines of Brick Red tile to add texture and contrast. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of "The Country Estates." The accessory structures, tennis court, rose garden with precast concrete gazebo, and trellis are compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) The design of the proposed development will provide a desirable environment' for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided as Exhibit "A". The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resales) of property) to the properties or improvements in the vicinity. City permits, inspections and soils reports are required for construction. These will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. 4 The terrain in the vicinity of Ridgeline Road is hilly and like its name follows a ridgeline. The subject :site is generally at a higher elevation than its neighbors, Lot 87 to the east and Lot 89 to the west. The rear of the project site drops into the canyon or Country Estates open space area. The project site slopes to the lowest point at the southeast corner of the lot. By maintaining the allowed height requirements, the proposed residential structures allow view corridors for the neighboring properties.. Therefore, the proposed residence, will not be significantly detrimental with respect to view blockage impact. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project :is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). TREE PERMIT (k) Preservation of the existing 8" DBH oak tree is not feasible and would compromise the property 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). The applicant has submitted that development requires the removal of the 8" DBH oak tree at the northwest: side of the property to utilize a motor court and garage access. The Applicant has designed the project according to Development Code Standards. and City's Design Guidelines with relationship to heights and use of grades by building into the slope. The Country Estates requires the applicant to provide a six -car garage. Diamond Bar's Development Code requires only a two - car garage but may include more with a discretionary review. Appropriate mitigation measures, replacement and protection, will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards) and are incorporated as part of the conditions of approval. The common replacement of preserved/protected trees is 3:1. Staff has visited the site and confirmed 5 the trees. The larger trees noted on the plan are to remain and shall be protected during the construction process. Many homes within "The Country Estates" have been built and/or remodeled with Tree Permits for removal and replacement. Therefore, preservation of the tree would compromise the property owner's reasonable use and enjoyment of his property. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, grading plan, landscape plan, site photos, and materials/colors board collectively labeled as Exhibit "A" dated April 11, 2000 as submitted and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) The Applicant shall replace the 8" DBE oak tree on- site at a 3:1 ratio with a like species with minimum 24" box trees. Additionally, Tree Protection Requirements as required per Section 22.38.140 shall be installed for all other California Pepper, Arroyo Willow, Sycamore, Oak, and Walnut trees with a 8" DBH or greater before issuance of any City permits per the following: 2- 1. The existing trees to be retained shall be enclosed by chain link fencing with a minimum height of five feet or by another protective barrier approved by the Director prior to the issuance of a grading or building permit and prior to commencement of work. 2. Barriers shall be placed at least five feet outside! the drip line of trees to be protected. A lesser distance may be approved by the Director if appropriate to the species and the ad;acent construction activity. 3. No grade changes shall be made within the protective barriers without prior approval by the Director. Where roots greater than one inch in diameter are damaged or exposed, the roots shall be cleanly saw cut and covered with soil in conformance with industry standards. 4. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand. tools and small hand-held power tools and shall not be of a depth that could cause root damage. 5. No attachments or wires other than those of a protective or non -damaging nature shall be attached to a protected tree. 6. No equipment or debris of any kind shall be placed within the protective barriers. No fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemical shall be stored or allowed in any manner to enter within the protected barrier. 7. If access within the protection zone of a protected tree is required during the construction process, the route shall be covered in a six-inch mulch bed in the drip line area and the area shall be aerated and fertili-zed at the conclusion of the construction. 8. When the existing grade around a protected tree is to be raised, drain tiles shall be laid over the soil to drain liquids away from the trunk. The number of drains shall depend upon the soil material. Lighter sandy soils and porous gravelly material require fewer drains than heavy non -porous soils like clay. Dry wells shall be large enough to allow for maximum growth of the tree trunk. Dry well walls shall be constructed of materials that permit passage of air and water. 9. When the existing grade around a tree is to be lowered, either by terracing or a retaining wall, a combination may be used to lower grade. With either method, the area within the drip line 7 shall be left at the original grade. The retaining wall shall be porous to allow for aeration. 10. Trees that have been destroyed or that have received major damage during construction shall be replaced prior to final inspection. . (e) Tennis Court lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section. 22.16.050 (Exterior Lighting). The following standards shall apply to the lighting of tennis court: 1.Light fixtures shall not be located closer than 10 feet to the nearest property line. 2. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material. 3. Light fixtures shall not be located more than 18 feet from the court surface. 4. Not more than one light fixture per 900 square feet of court surface is allowed, with a maximum of eight poles and fixtures per recreational court. 5. Light fixtures shall be supported by an arm extending at least 4 feet from a support pole. 6. Light fixtures shall be designed, constructed, mounted and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property line. The incident light level at a property line shall not exceed one foot-candle measured from grade to a height of 12 feet. The incident light level upon any habitable building on an adjacent property shall not exceed .05 foot-candle. 7. Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays. S. The illuminated court surface is visible from another parcel, therefore, the court surface shall be treated with a low reflectance, dark - colored coating. (f) Landscaping trees and shrubs shall be required to soften the height of the tennis court and walls at the southerly section. Additionally, the landscape plan shall reflect trees and shrubs adjacent to the motor court to aid in shielding vehicle lights from Lot 89. The invasive species pampas grass shall be replaced by a non-invasive species and these 8 revised landscape plans shall be reviewed and approved by the Planning Division. (g) The landscaping/irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Additionally, any walls, gates, fountains, etc. that may be proposed within the front setback shall not exceed 42 inches in height or be constructed within the street's dedicated easement. (h) Driveway design and colors shall be submitted to the Planning Division for review and approval. Trellis color sha.11 match main structure color palette. (i) A grading and retaining wall plan review and approval is required for cut/fill quantities greater than 50 cubic yards. In accordance with the City's grading requirements, the grading plan shall be reviewed and approved by the City before the issuance of a grading permit. On a grading plan the following shall be delineated: 1. Cut and fill quantities and earthwork calculations and export location; 2. All flow lines, finished surfaces, and finished grades; 3. Proper drainage with detailed sketches; 4. Proposed and existing grades; 5. Sign/stamped by a civil engineer, geotechnical engineer and geologist; 6. Clearly delineate all easements (i.e. Flood Hazard Area and Recreation Easements); 7. Retaining walls shall not be constructed of wood or wood products; 8. Retaining walls shall be required to be ornamental by using stucco or decorative block; 9. Engineered calculations shall be submitted with retaining walls; 10. Indicate retaining wall locations on grading plana with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (e) Retaining walls exposed height shall not exceed six feet; 11. All grading is subject to Development Code Sections 22.16.030 (Air Emissions) and Section 22.28 (Noise); 9 12. Erosion Control plan shall be submitted for permits before April 15, 2000; 13. The location of the Preserved/Protected Trees shall be shown on the grading plan. (j) Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the City. The soils report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (k) Any grading or other construction activities over the property line shall require the adjacent property owner's written concurrence and permission. (1) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed addition shall be approved. (m) Applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (n) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (o) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (p) The single-family structure shall meet- the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (q) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (r) The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: 1. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; 10 2. All enclosed under -floor areas shall be constructed as exterior walls; 3. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than li< inch nor more than 'h inch in any dimension except where such openings are equipped with sash or door; 4. Chirmleys shall have spark arresters of maximum 'A inch screen. (s) This sinc9le-family structure shall meet the State Energy Conservation Standards. (t) 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. (u) Due to the site's topography, applicant shall comply with special design requirements as specified in the Universal Building Code, Section 18.4.3, building setback, top and toe of slopes. (v) The owner shall obtain a Zoning Clearance subject to the standards outlined in Development Code Section 22.42.070 for any Home Base Business use. (w) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (x) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the -expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. 11 (z) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check o= $25.00 for a documentary handling fee in connection_ with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to David Deng, 2668 Highridge Drive, Chino Hills, CA 91709 and S&W Development, 20547 Walnut Drive, #D, Walnut, CA 91789. APPROVED AND ADOPTED THIS 11th DAY OF APRIL 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: f- Ateve NelsChairman James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 11th day of April, 2000, by the following vote: AYES: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: ABSENT: ABSTAIN: ATTEST: s DeStefa�o, Secretary D:WORD-LINDA/PLANCOMM/PROJECTS/DR99-09 23622 RIDGELIKE/RESO_ . 12 MEMORANDUM DATE: April 6, 2000 TO: Planning Commission FROM: Linda Kay Smith, Development Services Assistant SUBJECT: Development Review No. 99-9, Tree Permit 2000-02 On March 28, 2000, a duly noticed public hearing was conducted on the above referenced project. It was recommended that this project be continued to allow the applicant additional time to: 1. Revise the plans to reflect the 10 -foot side setback on the northwest side. 2. Revise the tennis court to :minimize the effect of walls and to provide details for fencing, lighting, and elevations. Also, to provide details for the rose garden with gazebo and seating and its ;impact to surrounding properties. 3. Submit a Tree Permit application for the removal and replacement of one Diameter at Breast Height (DBH) 8" oak tree. 4. Provide the plant palette for the Landscape Plan. DISCUSSION/ANALYSIS: Following is the discussion regarding the above items. Staff has attached the previous report for the Commission's reference (Attachment "1"). The applicant has revised the plans to reflect the 10 -foot minimum side setback as required. With this change the project meets the setback requirements of the Development Code. (See pages 2 and 3 of the previous staff report Development Standards). Accessory Structures: a. The applicant has revised the plan of the tennis court. The maximum height of the wall supporting the structure is 6 feet. The lighting is noted at a maximum height of 18 feet per Development Code standards. Staff has added conditions to the resolution about the usage of lighting, hours of operation, and the type of court surface required (See condition 5(e)). Staff is also recommending that the applicant work with staff to provide trees and shrubs to be planted around the walls of the tennis court to mask the structure (See condition 5(f)). b. The applicant has shown the detail of the gazebo at the rose garden. This is a precast concrete item. The height is approximately 14 feet. This height will not impact the surrounding properties and is an added amenity to the landscape/hardscape features. c. The other areas shown on the Landscape Plan (L-1) are concrete walks and stairs. The trellis area is conditioned to match the existing paint palette (See Condition 5(h)). 3. The applicant has submitted a Tree Permit No. 2000-02. Per the Landscape Plan the Applicant proposes to remove one 8" DBH oak tree on the northwest side of the property to allow for the motor court and garage access. The common replacement of these trees is a 3:1 ratio (See condition 5(d)). A second oak tree with a 6" DBH does not fall within the protected criteria of the Development Code. The applicant is planting many trees .on this site per the landscape plan. Staff has visited the site and confirmed the trees. The larger trees noted on the plan are to remain. There is a condition of approval that these trees be protected during the construction process (See condition 5(d)). The preservation of the 8" oak tree would compromise the property owner's reasonable use and enjoyment of the property. The Applicant has designed the project according to Development Code Standard and the City Design Guidelines with relationship to heights and use of grades by building into the slope. The six - car garage and driveway is also a requirement of the Country Estates Homeowner's Association. Diamond Bar's Development Code requires only a two -car garage. Appropriate mitigation measures, replacement and protection, will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards). 4. The plant palette has been provided for the landscape plan as requested by the Planning Commission. Please note the plans indicate a total of six 24" box replacement oak trees for the 8" DBH and the 6" DBH the applicant wishes to remove (See conditions 5(d), 5(f) and 5(g). 5. Addition conditions are in the resolution for the following items: a. Condition 5(v) requires the owner to obtain a Zoning Clearance for Home Based Business per Development Code Section 22.42.070. b. The Public Works Division and Building and Safety Division have reviewed this project. Their recommendations are conditions 5(i) through 5(u). C. Staff has reviewed the site with regard to the view concerns of Mr. Mathur, Lot 89. A site visit indicates he has one window on the southwest side that faces the subject property at the rear of his home. The others are obscure glass. The large 24" oak tree on his property obscures his home from the subject site. The subject project is designed to allow view corridors per the Development Code. The same tree, as well as the two 8" oak trees on his property adjacent to the motor court will also act as a shield for vehicle lights. Never -the -less, staff is recommending that the Applicant work with staff to amend the landscape plan to allow for more shrubs and/or trees in the area adjacent to the motor court to aid in 2 shielding vehicle Nights from Lot 89. (See condition 5(f)). The view corridor to the south is still available to Lot 89 with these shrubs/trees. d. Driveway color will be submitted to the Planning Division for review and approval per condition 5(h). ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 99- 9, Tree Permit No. 2000-02, Findings of Fact, and conditions of approval, as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: The design and layout of the; proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the; proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; The architectural design of" the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public; as well as, its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED TREE PERMIT FINDINGS: In order to approve an application for a Tree Permit or Tree Pruning Permit, it shall be necessary that one or more of the following findings be made, otherwise the application shall be denied: 1. The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community. 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 the risk of 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 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 Rep] acement/Relocation Standards). o Prepared bG y Linda Kay Smith Development Services Assistant ATTACHMENTS: 1. Attachment "I", Staff Report dated March 22, 2000 Draft Resolution of Approval; 3_ Applications and Tree Statement; 4. Exhibit "A" - site plan, floor plan, elevations, landscape plan, grading plan, site photos. and materials/color's board, dated April 11, 2000. D� WORD-LINDA\PLANCOMM\PROIECTS\DR99-09 23622 RIDGELINE /MEMO.. 4 ATTACHMENT "1" City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 8.2 REPORT DATE: _ March 22, 2000 MEETING DATE: March 28, 2000 CASEXILE NUMBER: Development Review 99-09 APPLICATION REQUEST: A request to construct a two-story, single-family residence of approximately 16,795 square feet with a basement, balconies, porch, patios, indoor swimming pool and a five -car garage on a vacant parcel. Additionally, the request includes accessory structures: tennis court, rose garden with seating, and trellis. PROPERTY LOCATION: 23622 Ridgehne Road (Lot 88 of Tract No. 30091) Diamond Bar, CA PROPERTY OWNER: David Deng 2668 Highridge Drive Chino Hills, CA 91709 APPLICANT: S&W Development .20547 Walnut Drive, #D Walnut, CA 91789 BACKGROUND: The property owner, David Deng, and applicant, S&W Development, request to construct a two-story, single-family residence of approximately 16,795 square feet with a basement, balconies, porch, patios, indoor swimming pool and a five -car garage on a vacant parcel. Additionally, the request includes accessory structures: tennis court, rose garden with seating, and trellis. The project situs address is 23622 Ridgeline Road (Lot 88 of Tract No. 30091), Diamond Bar, CA, within the gated community identified as "The Country Estates." The parcel is 2.68 gross acres and 2.60 net acres. It is shaped irregularly, widening and sloping downward toward the rear, southwesterly exposure. 1 The project site is zoned R-1-40,000, single-family residence. The General Plan Land Use desicynation is Rural Residential (RR), 1 du/acre. Generally, the following zones surround the subject site: to the north is R-1-8,000, to the south, east and west is the R-1-40,000 Residential Zone. ANALYSIS: 'REVIEW AUTHORITY This application requires Development Review by the Planning Commission per the City's Development Code. Section 22.48.020.A(1) states that Development Review is required for projects involving :t building permit for new construction on a vacant parcel that have a minimum 10,000 square feet of combined gross floor area. DEVELOPMENT REVIEW ■ Development Standards The following is a comparison of the City's required development standards and the project's proposed development standards: Required Proposed City's Development Standards Pro'ect's Development Standards 1. Setbacks main structure: 1. Setbacks main structure: • Front yard -30' from property line • Front yard -67' from property line • Side yards -10'& 15' minimum from property ■ Side yards- 8'* & 22' minimum from line • property line • Between structures on adjoining parcels -25' ■ Between Parcels: Meets minimum • Rear yard -20' minimum from property line ■ Rear yard- 295' from property line • Site Coverage -overall maximum 40% ■ Site Coverage -Approximately 28% 2. Building Height all structures: 2. Building Height all structures: • Maximum 35' Maximum 35' 3. Parking: 3. Parking: • Minimum two -car garage (each bay interior Five -car garage (interior dimension 21'x54) dimension 20'x 10) 4. Accessory Structures: • Tennis Court same as main structure • Trellis -same as main structure • Rose garden with seating same as main structure E 4. Accessory Structures: ■ Tennis court -meets setbacks, side is closest to property line at 15' • Trellis -meets setbacks • Rose garden- meets setbacks *The above analysis indicates that the proposed residence complies with the City required development standards except for the gate entrance or Porte Cochere with balcony on the northwest side. Staff is recommending the structure be redesigned to maintain the 10 feet side yard setback. The Development Code allows a cantilevered balcony to encroach into a side setback by 30 inches. However, this pan of the structure is a gate entrance or Porte Cochere with balcony. It is recommended that the gate and Porte Cochere with balcony be cut by 2 feet to comply with Development Code Standards. See Memorandum Item I • Architectural Features and Colors The proposed project's architectural style as referenced in the application is Mediterranean. The proposed style and palette are compatible with the eclectic architectural style of other homes within Tract No. 30091 and "The Country Estates," and consistent with the City's Design Guidelines and as amended with the Development Code. The project's architectural features include portico entry with precast concrete columns: balconies with precast concrete balustrades; deco foam stucco details, cornice, dentil, and windwa, treatments; dome for skylight; and multi-levels of roof lines of Brick Red Tile to add texture and contrast. The applicant has received the approval of "The Country Estates" Homeowners' Association Architectural Committee. The following materials and colors are a part of Exhibit "A". Exterior stucco — LaHabra, X-79 Villa Base for bottom I-aHabra, X-53 Pure Ivory for upper Exterior trims: Eaves/fascia/Dentil - La Habra, X-53 Pure Ivory Pre -cast items - Durin Edwards, #70, Pearl White Metal garage doors - Amar, White Stucco trims/Deco Foam - La HabraA50 Crystal White Roof tile — MCA, #2F43 Brick Red Windows/doors - Superior Vinyl, White Driveway concrete - Design and color to be submitted See Memorandum Item 5(d) Wrought Iron - Antique Copper • Floor Plans The proposed single-family structure consists of two -stories and basement. The basement includes the five - car garage, mechanical room, elevator, laundry, maids room with bath, hall bath, storage areas, office, lounge area with bar and indoor swimming pool/spa. The first -story includes the foyer with atrium; living room; office; bedroom with walk -in -closet and bath; dining room; kitchen; wok kitchen; pantries; nook; family room; powder bath; music room, game room with bar; home theater; and deck. The second -story includes the master bedroom suite with walk -in -wardrobes, bath, retreat area and balconies; four bedrooms with bath and walk -in -closet and three with balcony; and sitting/play area. Two offices are noted on the floor plans. The City of Diamond Bar Development Code requires a Home Base Business to obtain a Zoning Clearance. This requirement will be in the conditions of approval. See Memorandum Item 5(a) N ACCESSORY STRUCTURES The accessory structures include a tennis court, rose garden with seating and trellis. All meet the setback requirements. The site plan identifies the tennis court location, but no structural details. The tennis court is noted on the grading plan and is supported by structural retaining walls. Tennis court revie" includes wall heieht, fixtures, fencing materials, color, elevations and plan details. Additionally, the tennis court lighting is to comply with Development Code standards addressed in Section 22.16.050. These standards include maximum pole height, illumination, placement, hours of operation, and court surfaces. Staff recommends that the placement of the tennis court be moved toward the street to offset the taller retaining walls at the " back of the structure. Additional landscaping will be required to mitigate the view impact of the walls height for neighbors. See Memorandum item 1�a Also, no details for the rose garden have been submitted. The site plan identifies the rose garden location, and flatwork, as well as a gazebo, but gives no elevations or plans. These details also are reviewed for design and impact to neighboring properties. There are no details for the trellis. See Memorandum Item 2( b See Memorandum Item 2(c Additionally, other walks and planted garden areas are noted behind the main structure west of the tennis court. The applicant informed staff that this area does not contain pools or fountains. This area needs to have details on the plans. See Memorandum Item 2(c SITE WORK The Grading, drainage, and retaining walls necessary for the improvements will be reviewed and permitted by the Public Works Division. The Public Works Division has reviewed the proposed grading plan and their comments are contained in the conditions of approval. All Site Work • Soil Report See Memorandum Item 5(b) The Applicant will submit a soils report for the proposed improvements.to be reviewed and approved by the City. The soils report will reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. • Grading and Drainage The applicant proposes to do site grading, on-site drainage, and retaining walls. A soils report will be required. Export may be necessary with estimated cut of 1,800c.y. and fill of 300c.y. The grading plan will be required to note the plan for the excess dirt. Per Development Code Section 22.16.030 and 22.28, grading permits are issued with conditions related to air emissions and noise, thereby minimizing impacts to surrounding properties. The proposed design and use of on-site drains disperse runoff to the street and rear of the property. The Public Works Division has reviewed the proposed grading plan and their comments are contained in the conditions of approval. 4 • Retaining Walls The plan calls for retaining walls in the rear and front of the property. The Development Code allows six feet maximum exposed height for retaining walls. The project's retaining walls do not exceed this maximum. Retaining walls will be required to be ornamental by using stucco or decorative block in the conditions of approval. The plans indicate a 7 -foot wooden retaining wall between the subject property and lot 89. It is not noted whether this is existing or proposed. The retaining wall comments from the Public Works Division will be addressed in the grading and wall conditions of approval. The stability and design of this wall may need to be mitigated with the full submittal to the Public Works Division. • Sewer and Water System The Applicant is required to verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed single-family residence will be approved. The Applicant is also required to make application to the Walnut Valley Water District as necessary. and submit their approval to the Planning Division prior to the issuance of building permits. VIEW RAPACT View Impact See Memorandum Item 5tc The terrain in the vicinity of Ridgeline Road is hilly and like its name follows a ridgeline. The rear of the project site drops into the canyon or Country Estates open space area. The project site slopes to the lowest point at the southeast corner of the lot. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. LANDSCAPING Landscaping See Memorandum Item 4 A, concept landscape plan, sheet L-1, was submitted for review and approval with this project's application. It will be required that the landscaping/irrig;ation be installed prior to the Planning Division's final inspection or the issuance of the Certificate of Occupancy. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not be in the street's dedicated easement. Any such structure or plant material proposed within this front setback should, not exceed a height of 42 inches. These will be conditions of approval. PRESERVED/PROTECTED TREES Tree Permit Preserved/Protected Trees See Memorandum Item 3 A Tree Pen -nit is required per Section 22.38 to allow the removal and replacement of any preserved/protected trees with a DBH of 8 inches or greater. Preserved/protected trees include: Arroyo Willow, Sycamore, Oak, Walnut, and California Pepper. The review authority for the Tree Permit is the Director. Pursuant to Development Code Section 22.48.030, permits shall be acted upon concurrently and the highest authority shall make final determination. In this case, the Planning Commission is the highest authority. A site visit indicates that preserved/protected tree species are on the property. It is noted on the landscape plan that one 8" DBH oak tree is to be removed, another 6" oak tree is also to be removed. The Applicant has not applied for a Tree Permit. His initial submittal noted no trees to be removed. Protection requirements would be a condition of approval. This revised plan notes many of the preserved/protected trees are very close to the limits of construction. Additionally, the preserved/protected' .trees will be noted on the grading plan for inspection purposes. It will be a condition that protection measures as noted in Development Code Section 22.38.140 are to be in place before the issuance of any city permits. ADDITIONAL REVIEW See Memorandum Item 5(b) The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the conditions of approval. NOTICE OF PUBLIC HEARING: This item has been advertised in the San Gabriel Valley Tribune and the Inland Valley DailN, Bulletin newspapers on March 17, 2000. Thirty property owners within a 500 -feet radius of the project site were notified by mail on March 17, 2000. A notice of public hearing on a display board was posted at the site on March 17, 2000 and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the application. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). SUMMARY: By continuing the public hearing, the applicant has time to revise the drawings to (1) decrease the width of the Porte Cochere with balcony to maintain the minimum 10 foot side yard setback, (2). for the applicant to submit details for the proposed accessory structures, and (3) for the applicant to submit a Tree Permit application to be considered concurrently by the Planning Commission. RECOMMENDATIONS: Staff recommends that the Planning Commission continue Development Review No. 99-09 to April 11, 2000. REQUIRED DEVELOPMENT REVIEW FINDINGS: I. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); 6 ?. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or ani applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public; as well as, its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by:� —4; Linda Kay Smith - Development Services Assistant ATTACHMENTS: 1, Draft Resolution of Approval; ?. Application; 3. Record Tract Grading Plan and Tract Map; 4. Exhibit "A" - site plan, floor plan, elevations, landscape plan, grading plan, site photos, and materials/color's board, dated March 28, 2000. D WORD-LIVDA\PLANCOMM\PROJECTS\DR99-09 23622 RidgeLne /REP DR99-09 7 A. 0 PLANNING COMMISSION DRAW i RESOLUTION NO. 2000 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-09, TREE PERMIT 2000-02, AND CATEGORICAL EXEMPTION 15303(x), A REQUEST TO CONSTRUCT A TWO- STORY, SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 16,795 SQUARE FEET WITH A BASEMENT, BALCONIES, PORCH, PATIOS,, INDOOR SWIMMING POOL AND A FIVE - CAR GARAGE ON A VACANT PARCEL. ADDITIONALLY, THE REQUEST INCLUDES ACCESSORY STRUCTURES: TENNIS COURT, ROSE GARDEN WITH GAZEBO, AND TRELLIS. THE PROJECT SITE IS 23622 RIDGELINE ROAD (LOT 88 OF TRACT MAP NO. 30289), DIAMOND BAR CA. Recitals 1. The property owner, David Deng, and applicant, S&W Development, have filed an application for Development Review No. 99-09 and Tree Permit No. 2000-02 for a property located at 23622 Ridgeline Road, Diamond Bar, Los Angeles County, California and part of the gated development identified as "The Country Estates", as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Tree Permit, and Categorical Exemption shall be referred to as the "Application". On March 17, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Thirty property owners within a 500 -foot radius of the project site were notified by mail. On March 17, 2000, a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the application. 3. On March 28, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the public hearing to April 11, 2000, and concluded the public hearing on April 11, 2000. Ra=,nI iit i nn NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1 = rM r 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the 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. 0 Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 23622 Ridgeline Road (Lot 88 of Tract No. 30289), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 2.68 gross acres and 2.60 net acres. It is shaped irregularly, widening and sloping downward toward the rear, southwesterly exposure. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site is zoned R-1-40,000, single-family residence. (c) Generally, the following zones surround the subject site: to the north is R-1-8,000, to the south, east and west is the R-1-40,000 Residential Zone. (d) The application is a request to construct a two- story, single-family residence of approximately 16,795 square feet with a basement, balconies, porch, patios, indoor swimming pool and a five -car garage on a vacant parcel. Additionally, the 2 c+. request includes accessory structures: tennis court, rose garden with gazebo, and trellis. P. Tree Permit is requested to remove and replace one 8" DBH oak tree currently on site. DEVELOPMENT REVIEW (e) The design and layout of the proposed developme= is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site, was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995 which has a land use designation of Rural Residential (Max. 1 du/acre). The proposed use is zoned for single- family residence at R-1-40,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Development Code. Furthermore, the applicant has obtained the approval of "The Country Estates" Homeowners' Association Architectural Committee. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. . The project site is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use of a single-family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is adequately served by Ridgeline Road. This private street is designed to handle 3 DRII.-�ao F` 9 minimum traffic created by this type of development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Pian, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design is compatible with the eclectic architectural style of other homes within "The Country Estates," and is consistent with the City's Design Guidelines and Development Code. The project's architectural features include portico entry with precast concrete columns; balconies with precast concrete balustrades; deco foam stucco details, cornice, dentil, and window treatments; dome for skylight; and multi-levels of roof lines of Brick Red tile to add texture and contrast. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of "The Country Estates." The accessory structures, tennis court, rose garden with precast concrete gazebo, and trellis are compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided as Exhibit "A". The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. City permits, inspections and soils reports are required for construction. These will ensure that 4 the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. The terrain in the vicinity of Ridgeline Road is hilly and like its name follows a ridgeline. The subject site is generally at a higher elevation than its neighbors, Lot 87 to the east and Lot 89 to the west. The rear of the project site drops into the canyon or Country Estates open space area. The project site slopes to the lowest point at the southeast corner of the lot. By maintaining the allowed height requirements, the proposed residential structures allow view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). TREE PERMIT (k) Preservation of the existing 8" DBH oak tree is not feasible and would compromise the property 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). The applicant has submitted that development requires the removal of the 8" DBH oak tree at the northwest side of the property to utilize a motor court and garage access. The Applicant has designed the project according to Development Code Standards and City's Design Guidelines with relationship to heights and use of grades by building into the slope. The Country Estates requires the applicant to provide a six -car garage. Diamond Bar's Development Code requires only a two - car garage but may include more with a discretionary review. Appropriate mitigation measures, replacement and protection, will be 5 implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards) and are incorporated as part of the conditions of approval. The common replacement of preserved/protected trees is 3:1. Staff has visited the site and confirmed the trees. The larger trees noted on the plan are to remain and shall be protected during the construction process. Many homes within "The Country Estates" have been built and/or remodeled with Tree Permits for removal and replacement. Therefore, preservation of the tree would compromise the property owner's reasonable use and enjoyment of his property. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, grading plan, landscape plan, site photos, and materials/colors board collectively labeled as Exhibit "A" dated April 11, 2000 as submitted and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) The Applicant shall replace the 8" DBE oak tree on- site at a 3:1 ratio with a like species with minimum 24" box trees. Additionally, Tree M D 77, L `...-.L Protection Requirements as required per Section 22.38.140 shall be installed for all other California Pepper, Arroyo Willow, Sycamore, Oak, and Walnut trees with a 8" DBI-? or greater be=cre issuance of any City permits per the following: 1. The existing trees to be retained' shall be enclosed by chain link fencing with a minimum height of five feet or by another protective barrier approved by the Director prior to the issuance of a grading or building permit and prior to commencement of work. 2. Barriers shall be placed at least five feet outside the drip line of trees to be protected. A lessen- distance may be approved by the Director if appropriate to the species and the adjacent construction activity. 3. No grade changes shall be made within the protective barriers without prior approval by the Director. Where roots greater than one inch in diameter are damaged or exposed, the roots shall be cleanly saw cut and covered with soil in conformance with industry standards. 4. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand tools and small hand-held power tools and shall not be of a depth that could cause root damage. 5. No attachments or wires other than those of a protective or non -damaging nature shall be attached to a protected tree. 6. No equipment or debris of any kind shall be placed within the protective barriers. No fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemical shall be stored or allowed in any manner to enter within the protected barrier. 7. If access within the protection zone of a protected tree is required during -the construction process, the route shall be covered in a six-inch mulch bed in the drip line area and the area shall be aerated and fertilized at the conclusion of the construction. 8. When the existing grade around a protected tree is to be raised, drain tiles shall be laid over the soil. to drain liquids away from the trunk. The number of drains shall depend upon the soil material. Lighter sandy soils and porous gravelly material require fewer drains than heavy non -porous soils like clay. Dry wells shall be large enough to allow for maximum growth of the tree trunk. Dry well walls shall be constructed rA go 10 LL of materials that permit passage of air water. When the e ' t' and xis ing grade around a tree is to be lowered, either by terracing or a retaining wall, a combination may be used to lower grade. [,lith either method, the area within the drip line shall be left at the original grade. The retaining wall shall be porous to allow for aeration. Trees that have been destroyed or that have received major damage during construction shall be replaced prior to final inspection. (e) Tennis Court lighting shall be directed downward, shall only illuminate. the court, and shall not illuminate adjacent property, in compliance with Section 22.16.050 (Exterior Lighting). The following standards shall apply to the lighting of tennis court: 1. Light fixtures shall not be located closer than 10 feet to the nearest property line. 2. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material. 3. Light fixtures shall not be located more than 18 feet from the court surface. 4. Not more than one light fixture per 900 square feet of court surface -is allowed, with a maximum of eight poles and fixtures per recreational court. 5. Light fixtures shall be supported by an arm extending at least 4 feet from a support pole. 6. Light fixtures shall be designed, constructed, mounted and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property line. The incident light level at a property line shall not exceed one foot-candle measured from grade to a height of 12 feet. The incident light level upon any habitable building on an adjacent property shall not exceed .05 foot-candle. 7. Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays. 8. The illuminated court surface is visible from another parcel, therefore, the court surface shall be treated with a low reflectance, dark - colored coating. 9 Lit i ` I E (f) Landscaping trees and shrubs shall be required to soften the height of the tennis court and walls at the southerly section. Additionally, the landscape plan shall. reflect trees and shrubs adjacent to the motor court to aid in shielding vehicle lights from Lot 89. The revised landscape plans shall be reviewed and approved by the Planning Ditisior. (g) The landscaping/irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Additionally, any walls, gates, fountains, etc. that may be proposed within the front setback shall not exceed 42 inches in height or be constructed within the street's dedicated easement. (h) Driveway design and colors shall be submitted to the Planning Division for review and approval. Trellis color shall match main structure color palette. (i) A grading and retaining wall plan review and approval is required for cut/fill quantities greater than 50 cubic yards. In accordance with the City's grading requirements, the grading plan shall be reviewed and approved by the City before the issuance of a grading permit. On a grading plan the following shall be delineated: 1. Cut and fill quantities and earthwork calculations and export location; 2. All flow lines, finished surfaces, and finished grades; 3. Proper drainage with detailed sketches; 4. Proposed and existing grades; 5. Sign/stamped by a civil engineer, geotechnical engineer and geologist; 6. Clearly delineate all easements (i.e. Flood Hazard Area and Recreation Easements); 7. Retaining walls shall not be constructed of wood or wood products; 8. Retaining walls shall be required to be ornamental by using stucco or decorative block; 9. Engineered calculations shall be submitted with retaining walls; 10. Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and L' L (e) Retaining walls exposed height shall not exceed six feet; 11. All grading is subject to Development Code Sections 22.16.030 (Air Emissions) and Sec�ion 22.28 (Noise); 12. Erosion Control plan shall be submitted for permits before April 15, 2000; 13. The location of the Preserved/Protected Trees shall be shown on the grading plan. (j) Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the City. The soils report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (k) Any grading or other the property line property owner's permission. construction activities over shall require the adjacent written concurrence and (1) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed addition shall be approved. (m) Applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (n) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (o) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (p) The single-family structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (q) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (r) The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: 10 1. All :roof covering shall be "Fire Retardant, Class; A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; 2. All enclosed under -floor areas .shall be constructed as exterior walls; 3. All openings into the attic, floor, ana or other, enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/ inch nor more than. l/1 inch in any dimension except where such openings are equipped with sash or door; 4. Chimneys shall have spark arresters of maximum 1/2 inch screen. (s) This single-family structure shall meet the State Energy Conservation Standards. (t) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wal' of the structure to the highest point of the roofline. (u) Due to the site's topography, applicant shall comply with special design requirements as specified in the Universal Building Code, Section 18.4.3, building setback, top and toe of slopes. (v) The owner shall obtain a Zoning Clearance subject to the standards outlined in Development Code Section 22.42.070 for any Home Base Business use. (w) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and. Public Works Divisions. (x) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and 11 Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (z) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to David Deng, 2668 Highridge Drive, Chino Hills, CA 91709 and S&W Development, 20547 Walnut Drive, #D, Walnut, CA 91789. APPROVED AND ADOPTED THIS 11th DAY OF APRIL 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 11th day of April, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 12 w w 'A %all lit "M Zy��\ ep�y sA s MR. & MRS DENG RESIDENCE 111 g, z I y I3127 1,00( uV y W 81 �w' i z Ill -- Zy��\ ep�y sA s MR. & MRS DENG RESIDENCE 111 g, z I y I3127 1,00( uV y W 81 �w' i z Ill M; j T cn T 8 I I I 0 1 A ��MMMVOgA & MRS DENG RESIDENCE C 57122 MIM uw a. OAM MOMM. " 9,7 O A Z zn zo MIR, do MRS DENG RESIDENCE :u:t �nrx i ii•f EF i uNt ox.—0-ow. w 9»a i o t IUP `'! » a -------------- I I - - -,� �i_ -� .�=. �. �: is 1:: 1. �:: �:: �_: I: �:: �:: ��: • � - ■1 �� 1� • - �� _ -i ., _ n �� :: �: � � �! �= 1 � !■�I �_ U�/ �� - -] •�. �� / IIID moi,/l -----� ...... -- _... --- .. �_ -��- - -= [.■' c• _ I_ _ _�� ` -= �] i■ � - _.� � /,�: _ - �, _ SII ► � ,,,,,,�,,,,,,,,,,,,,,, �'1��► 96 r. '00 h:7 FAX 18182861819 PAY =V =4" 4 vt C• i 3' H ao t� a r _ o N O OUS GARDEN N Co A rc N O n —' `1 P a o N � r o x � =V =4" 4 vt C• i 3' H ao t� a r _ o N O I r Po? ;R A N —' `1 P a o N � r rn N n>i N m CD 0 m Q r N M D O r- O � I r Po? 0 ;R —' `1 N C•� C7 1 r V N n>i N m CD Q r N M D O r- O � z C m M O T 0 City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 7.3 REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT LOCATION: PROPERTY OWNERS: APPLICANT: BACKGROUND: May 6, 2002 May 28, 2002 Conditional Use Permit No. 2002-06 To sell alcoholic beverages for off- site consumption in conjunction with the sale of motor fuel. Shell Service Station 206 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Equilon Enterprises, LLC PO Box 4369 Houston, TX 77210-4369 Fausto Buchelli 206 S. Diamond Bar Boulevard Diamond Bar, CA 91765 The property owner, Equilon Enterprises, LLC and applicant, Fausto Buchelli, are requesting approval of Conditional Use Permit No. 2002-06 (pursuant to Code Sections 22.10,030., Table 2-6 and 22.58.030.). The request is to sell alcoholic beverages for off-site consumption in conjunction with the sale of motor fuel. The project site is approximately 27,647 square feet and developed with Shell service station with service bays and snack mart. The service station is located at 206 S. Diamond Bar Boulevard (corner of Palomino Drive/Diamond Bar Boulevard). The project site has a General Plan land use designation of General Commercial (C) and a zoning designation of Neighborhood Business (Community Commercial/C-2) Zone. Generally, the following zones and use surround the project site: To the north is the C-2 Zone and the Pomona (60) Freeway; to the south is the C-2 Zone; to the east is the 1 Single -Family Reside nce-MaximuLot Size(CPD) 8,000 t Feet (ZoneR-1-8,000) Zone; and to the west is the Commercial P a m ANALYSIS: The purpose and intent of a Conditional Use Permit is to allow for specified activities and uses as identified in the zoning district whose effect on the surrounding area cannot be determined for a particular location. Therefore, a Conditional Use Permit will be reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare. Additionally and pursuant to Development Code Section 22.10.030., Table 2-6 (Development Code Amendments No. 99-01, Ordnance No. 02 (2000)), it is required that a Conditional Use Permit be processed for the sale of alcohol of motor fuel within he C 2econsumption conjunction with the sale Zone As result, the is within the Planning Commission's review authority. The applicant has applied to the Department of Alcoholic Beverage Control (ABC) for a license to sell beer and wine for off-site consumption. According to ABC, a license can be issued which restricts the hours alcohol sales may occur. The restriction is based on law enforcement comments and concern brought forth by surrounding neighbors at a public hearing conducted by ABC which will occur after the City's Conditional Use process is completed. The service netbetween 8 00 a.m n is open 24 rand 2 00 a s day andm part of the ABC license proposes to sell beer and Development Code Section 22.10.030., Table 2-6 requires the sale of alcoholic beverages for off-site consumption be a minimum of 150 feet from any school. In this case, a Montessori School/Day Care facility exists at 23555 Palomino Drive, at st 200 feet from the Shell service station's property line adjacent to Palomino Drive. Amendments and additions were made to Alcoholic Beverage Control Act during a 1994 Legislative Session which affected the local governing bodies of cities and counties. As a result, Section 23958.4 was added to define "undue concentration" of licenses and to establish the procedure for determining if public convenience and necessity will warrant the issuance of a license in spite of a determination that there is an undue concentration of licenses. With respect to retail licenses, most notably all off -sale beer and wine licenses, off -sale general licenses, and all other on -sale of licenses, the determination of whether or not the public convenience or necessity is met will be determined by the local governing body of the appropriate city or county. In other words, if there is undue concentration of licenses in the area of a proposed license and the local governing body determines the issuance of a license would meet public convenience and necessity standards, ABC will be bound by that determination and the license could be issued, assuming other factors, such as the personal qualifications of the applicant, citizen protests and other non-public convenience and necessity factors do not preclude the issuance of the license. On the other hand, if the local governing body determines that public convenience and necessity would not be served, that determination by itself would prohibit the issuance of the license by ABC. 2 According to the ABC Act, "undue concentration" means that the following conditions exist: The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes then the average number of reported crimes as determined from all crime reporting district within the jurisdiction of local law enforcement agency; and 2• As to off -sale retail license -applications, the ratio of off -sale retail licenses to populations census tract or census division in which the applicant premises are located exceeds the ratio of off -sale retail licenses to population in the county in which the applicant premises are located. a. If the local governing body does not make a determination within a 90 -day period, then ABC may issue a license if the applicant shows that public convenience and necessity would be served. The 90 - day period commences upon receipt by the local governing body of notification by ABC of an application for license or a completed application according to local requirements, if any, whichever is later. (1.) In this case, ABC notified the City on March 15, 2002 and the application was deemed complete on April 18, 2002. The Los Angeles County Sheriff's Department Walnut/Diamond Bar Station believes the project site is not located in a. high crime area and has no objections to the license being granted. In accordance with ABC, the number of licenses allowed before "undue concentration" occurs is five. The ABC census tract information indicates five licenses (Von's, Albertson's, Chevron, Kmart and Diamond Jim's Dairy) for off -sale beer and wine and off -sale general exist. The proposed request will cause six licenses and cause "undue concentration". According to the applicant, the selling of beer and wine would increase sales and thereby increase profit. The applicant believes that the issuance of an ABC license would serve the public convenience and necessity because his patrons want the convenience of buying beer and wine while buying fuel or other items in the snack mart and having their car repaired. The applicant stated that his patrons want to eliminate an additional stop and waiting time at the grocery store or other retail business. ABC stated to staff that a license could be issued because the project site is not in a high crime area and the applicant has demonstrated to their satisfaction that the public convenience and necessity would be served. The project site maintains 14 parking stalls. The snack shop area is approximately 600 square feet. Four service bays exist on the project site. The Development Code requires 1 parking stall for each 250 square feet of retail sales area and 3 parking stalls for each service bay. As a result, the project site is required to provide 2.4 parking spaces for the snack shop and 12 parking stalls for the service bays for a total of 14 parking stalls. Therefore, adequate parking is provided on-site. 3 A site visit by staff indicated that the trash been was not store within an enclosure. An enclosure exists on the project site and is located behind the building. The applicant uses the enclosure to store tires and equipment and the trash bin is stored in the parking lot facing Palomino Drive. The applicant has now move the trash bin to the, enclosure but the bin is still visible from the street. The applicant should consider enlarging the enclosure to accommodate the bin or investigate the availability of smaller bin that would service the trash needs of the site. Additionally, the parking lot needs minor repairs, slurry sealing and the delineation of the parking spaces. Additional Review The Building and Safety Division and the Public Works Division have reviewed this project. The Divisions' recommendations are incorporated within the draft resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the llfornia Permit No. 2002-061isOuality Act (CEA), categor Cally exempt e City has determined that Conditional Use pursuant to CEQA Section 15301. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on May 16, 2002. Public hearing notices were mailed to approximately 46 property owners within a 500 -foot radius of the project site on May 13, 2002. Furthermore, the project site was posted with a display board and public notice was posted in three public places on May 13, 2002. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2002-06, Findings of Fact and conditions of approval as listed within the attached draft resolution. REQUIRED CONDITIONAL USE PERMIT FINDINGS: The proposed use is allowed within the subject zoning district with the approval of a Conditional Use provisions therConditional DevelopmentJall other applicable p Code and the Municipal Code 4 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operation characteristics of the proposed use are compatible with he existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; 5. Granting the Conditional Use Permit/Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Ann J. Lungu, Associate Planner Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan, and floor plan dated May 28, 2002; 3. Application; 4. Aerial; 5. Correspondence from the Los Angeles County Sheriff's Department dated April 10, 2002; and 6. Public Convenience and Necessity Statement from the applicant dated May 15, 2002. 5 PLANNING COMMISSION RESOLUTION NO. 2002 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2002-06 AND CATEGORICAL EXEMPTION, TO SELL ALCOHOLIC BEVERAGES (BEER AND WINE) FOR OFF-SITE .CONSUMPTION IN CONJUNCTION WITH THE SALE OF MOTOR FUEL. THE PROJECT SITE IS LOCATED AT 206 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. RECITALS, The property owner, E:quilon Enterprises, LLC and applicant, Fausto Buchelli have filed an application for Conditional Use Permit No. 2002-06 and categorical exemption for a Property located at 206 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the Application". 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on May 16, 2002. Public hearing notices were mailed to approximately 46 property owners of record within a 500 -foot radius of the project on May 13, 2002. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on May 13, 2002. 3. The Planning Commission of the City of Diamond Bar on May 28, 2002 conducted a duly noticed public hearing on the Application. At that time, the Planning Commission concluded the public hearing. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. 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 determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 1 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a square shaped lot, approximately 27,647 square feet and developed with Shell service station with service bays, snack mart and parking stalls. The service station is located at 206 S. Diamond Bar Boulevard (corner of Palomino Drive/Diamond Bar Boulevard). (b) The General Plan land use designation for the project site is General Commercial (C). (c) The zoning designation for the project site is Neighborhood Business (Community Commercial/C-2) Zone. (d) Generally, the following zones and uses surround the project site: To the north is the C-2 Zone and the Pomona (60) Freeway; to the south is the C-2 Zone; to the east is the Single -Family Residence -Maximum Lot Size - 8,000 Square Feet (R-1-8,000) Zone; and to the west is the Commercial Planned Development (CPD) Zone. (e) The application request is to sell alcoholic beverages (beer and wine) for off-site consumption in conjunction with the sale of motor fuel at and existing Shell service station. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before being proposed for a particular location. The proposed sale of alcoholic beverages (beer and wine) for off-site consumption is permitted in C-2 Zone with a Conditional Use Permit and as amended herein will comply with all other applicable provisions of the Development Code and the Municipal Code. 2 (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C,) which provides for the establishment of regional, freeway - oriented, and/or community retail and service commercial uses. The Proposed sale of alcoholic beverages (beer and wine) for off-site consumption is considered retail sales which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 27,647 square feet and developed with Shell service station with service bays, snack mart and parking stalls. The Proposed sale of alcoholic beverages (beer and wine) for off-site consumption will be part of the snack mart operation. No additional square footage will be added to the service station structure. Since parking is based on the square footage of the existing retail area and existing service bays, additional parking stalls are not required. The project site is located within an existing commercial area with the main land uses related to services and retail sales. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i1 The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; The project site is currently developed with a Shell service station which includes service bays, snack mart and parking stalls. As referenced above in Items (f) and (h), the sale of alcoholic beverages (beer and wine) for off- site consumption meets the required development standards for C-2 Zone with a Conditional Use Permit. Provisions for utilities exist at the project site. Additionally, the Los Angeles County Sheriff's Department Walnut/Diamond Bar Station believes the project site is not located in a high crime area and has no objections to the license being granted. Furthermore, according to the applicant, the selling of beer and wine would increase sales and thereby increase profit. The applicant believes that the issuance of an ABC license would serve the public convenience and necessity because his patrons want the convenience of buying beer and wine while buying fuel or other items in the snack mart and having their car repaired. The applicant stated that his patrons want to eliminate an additional stop and waiting time at the grocery store or other retail business. ABC stated to staff that a license could be issued because the project site is not in a high crime area and the applicant has demonstrated to their satisfaction that the public convenience and necessity would be served. 3 (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (f) through (j), the proposed the sale of alcoholic beverages (beer and wine) for off-site consumption and as amended here in will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the Department of Alcoholic Beverage Control (ABC). The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan labeled as Exhibit "A" dated May 28, 2002, as submitted, amended herein and approved by the Planning Commission. (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, 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) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Applicant shall comply with the Department of Alcoholic Beverage Control (ABC), Federal, State and City regulations. 4 (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (f) Prior to obtaining the ABC license and the sale of beer and wine, the applicant shall enlarge the enclosure to accommodate the existing trash bin or investigate the availability of a smaller bin that would service the trash needs of the site. (g) Prior to obtaining the ABC license and the sale of beer and wine the applicant shall repair and slurry seal the parking lot and delineate the required 14 parking stalls. (m) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (n) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Equilon Enterprises, LLC, PO Box 4369, Houston, TX 77210- and Fausto Buchelli, 206 S. Diamond Bar Boulevard, Diamond Bar, CA 91765 5 APPROVED AND ADOPTED THIS 28TH OF MAY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 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 28th day of May 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Secretary James DeStefano, R 07A I F 160 GEQV`IE ,! WINDOWS 95/98/T000/N!' a'• eunai,.amd..« 1 Mi�alai�i��we RFO"ANCE SHELL S� a 11 206 So. DIAMOND BAR BL VD. DIAMOND BAR, CA 91765 TEL 909 - 861-3300 FAX 909 - 396-8650 Public Convenience and Necessity My customers have encouraged me to get a beer and wine license. I have had many requests from numerous patrons of my Shell station to sell beer and wine. Customers wanted the convenience of getting their beer and wine while getting gas, car repairs, and other store items. They want to eliminate an additional stop at the grocery store or other type of retail shop. With the city of Diamond Bar having a lack of beer and wine licenses at gas stations, offering beer and wine can help the citizens reduce wait time at a larger store and prevent an additional stop for shopping. Being in the center of Diamond Bar, our station can frill this need. e4 14, Z -- Fausto Bucheli Station owner May 15, 2002 as Ww °a 3 i of Q000 paoAN W C i L �Rg o cu s � �� IS 5a•5 I 7 M1 till, e s �Y �a i of Q000 paoAN W C i L xv C/1 n s rt a c n v� 3 ^ ^O ^rvx vx v'T v'� vo� v,0 v0?� v5'p `rn_ Jm►C3 3 m�� a "1, 1 9 :7 Fp� Z z 3 '*ZC S a� � G� � G� Co cu tv n cod � d o Z Q dr e z 3 C d rb W a m y. Z y a z w d o C o C E• 7 �'. Zp. ZO �. C7 �. n 'o n (� o d0 Z CD �� _ z co a as o 00 c O a 7d CA y N y �' ►G (� 3sb aq`d =•� CL o a a af7 C d v, O a ' 7 n Cn z z o n v y rn n tv a a � v d v ro o NjNtj N N N 8 S S N g g N N N N N xk 8 8 t*;-, $ 8 8 8 S b o 0 0 0 w o o 0 0 L" °° °° C O p T Ln cn�c W ^ W w _ 00 ON w A 000 O .�'� rn g w tj O A w oCo ^ J li7 C� -3 LA m GA M z . j a z C `� a (n `< m cn y (�CA n m b � o r � —� m z� z� C4-� C) z cn ca oa o na oa o� o n� o c� z m �n z z ren zz -� o n o 0 c) oz z �zz ° o �z °�Z �z ��o o �0 0 0 0 o go �o g° �° a C7� ar arn oa o0 00 zo zo z� z° z° z° z° z� z� z0 z0 z 0 40 o z0 � o� o -n� o4 o 0r o p o o,t o,t ;o 'V a� �m -Im O z� z° C) o� z4 z� C, o� zp � z azr n n n a a a 0 0 0 o O Z z z Z Z z z z z ? z , yr' was t D � f til l = y AA '. Man! l y I� ) �1 � 7 M J �4 ➢ M 1 f � ) b k i ON � N ' IGf'✓ IA R ! 1 (r p ptj 10! 1 !1 IS d p x i ^ ;d 7 a 1 w G J r f 7✓ t ri Nil A(1 3 1 X I ._..C� �..� �' i` � a e) �1�f i ........... ............ L .l