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HomeMy WebLinkAbout04/13/1999PL ANNIN( FILE COPY 7.00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California NelsonCha!rman Steve Tye Vice Chairman Steve Commissioner ,o Commissioner ,, McManus Commissioner i 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 Serviced located at 21660 E. Copley Drive, Suite 190, 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 II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) in order to- communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. RVAMACENrtiasn 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 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 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 buisinesslike 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 Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Commission. 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 emergenct or when a subject matter arises subsequest 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 8:OOa.m. and 5:OOp.m. Monday through 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 Next Resolution No. 99-10 PLANNING COMMISSION CITY OF DIAMOND BAR Tuesday April 13, 1999 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Tye, Vice Chairman Steve Nelson, George Kuo, Joe McManus and Joe Ruzicka. 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: March 23, 1999 5. OLD BUSINESS: None 6. NEW BUSINESS: 7. CONTINUED PUBLIC HEARING: None. 8. PUBLIC HEARING: 8.1 Development Review No. 98-15(1) and Variance No. 994 (pursuant to Code Section Chapters 22.48 and 22.54) is a request to revise a project approved by the Planning Commission on January 26, 1999. The approved project permits the construction of a two-story office building of approximately 42,720 square feet on a vacant lot within Gateway Corporate Center. The Variance request (a revision to the Planning Commission approval) is to construct crib type retaining walls varying in height with a maximum height of approximately 13 feet which exceeds the allowable six-foot height. The retaining walls will be utilized to expand the buildable pad in order to provide more parking spaces. d;\\agenda\p1anning\apri113-99 4/13/99 PC Agenda — Page 1 ZT04 pi Za 6�� �• 21810 E. Copley Drive (Lot 22, Tract No. 39679) Diamond Bar, CA 91765 Diamond Bar Business Associates c% AEW Capital Management, LP 601 S. Figueroa, #2150 Los Angeles, CA 90017 Opus West Corporation 2030 Main Street, #520 Irvine, CA 92614 ENVIRONMENTAL DETERAHNATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City prepared and adopted Negative Declaration No. 98-5 for the approved project. Pursuant to CEQA Section 15164, an Addendum to adopted Negative Declaration No. 98-5 has been prepared for the revision request. Further public review is not required. RECOMMENDATION: Staff recommends that the Planning Commission approve DR 98-15(1), Variance No. 99-1 and Addendum to Negative Declaration No. 98-5, Findings of Fact, and conditions of approval, as listed within the Resolution. 8.2 Development Review No. 99-03Nariance No. 99-03 (pursuant to Code Sections 22.48, 22.54 and 22.68) is a request to construct a 3,917 square foot two-story addition and exterior remodel with carport and decks to an existing 3,108 square foot, one story, single family residence with three car garage. Variance -is requested due to the encroachment into the front setback. PROPERTY ADDRESS: 2194 Indian Creek Road Diamond Bar, CA 91765 (Tract No. 23483, Lot 61) PROPERTY OWNER/ Robert Granato APPLICANT: 2194 Indian Creek Road Diamond Bar, CA 91765 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental 'Quality Act (CEQA), Section 15301(e)(2), the City has determined that this project is categorically exempt. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 99-03 and Variance No. 99-03, Findings of Fact, and conditions of approval, as listed within the Resolution. 9. PLANNING COMMUSSION COMMENTS: 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. d:\\agenda\p1anning\apti113-99 4/13/99 PC Agenda — Page 2 11. 12. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION CONMTTEE: CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION: CITY 10M BIRTHDAY PARTY: CURBSIDE BULKY ITEM COLLECTION: PLANNING COMMISSION MEETING: "IX111", Wil I pla IF Thursday, April 22, 1999 — 7:00 P.M. AQMD Board Hearing Room, 21865 E. Copley Drive Tuesday, April 20, 1999 — 6:30 P.M. AQMD Auditorium, 21865 E. Copley Drive Thursday, May 6, 1999 — 7:00 P.M. AQMD Board Hearing Room, 21865 E. Copley Drive Sunday, April 18, 1999, 12 Noon — 5:00 P.M. Peterson Park, 24142 E. Sylvan Glen Drive Saturday, April 24, 1999 Tuesday, April 27, 1999 — 7:00 P.M. AQMD Auditorium, 21865 E. Copley Drive d:\\agenda\p1anning\apri113-99 4/13/99 PC Agenda — Page 3 �&3 1r :1 DES) 9 *1&$) a 11 rA6 ONo 11; W'I 'N -4 1 :14 DIM " WA 41,46 1 DI DO 9 1z I goal I I F CALL TO ORDER: Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Kuo. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson and Commissioners George Kuo, Joe McManus and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager; Linda Smith, Development Services Assistant; Sonya Job, Development Services Assistant, and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: I . Minutes of March 9, 1999. C/Kuo moved, C/Ruzicka seconded, to approve the minutes of March 9, 1999, as presented. Motion carried 5-0. OLD BUSINESS: None NEW BUSINESS: None hil 11 1.3 11 (61 M. I DY411 11 4 Q 1. Development Review No. 99-2 (pursuant to Code Section 22.48.020.A) is a request for approval to construct a two-story office building of approximately 42,720 gross square feet (40,900 net square feet) to be utilized for general office purposes. PROPERTY ADDRESS: 1520 S. Bridge Gate Drive (Lot 15, Tract No. 3 9679) Diamond Bar, CA 91765 MARCH 23, 1999 PAGE 2 PROPERTY OWNER: Diamond Bar Associates c/o AEW Capital Management, LP 601 S. Figueroa,. Suite 2150 Los Angeles, CA 90017 APPLICANT: Opus West Corporation 2030 Main Street, Suite 520 Irvine, CA 92614 DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission approve Development Review No. 99-2, Findings of Fact and conditions listed within the resolution subject to the following recommended modification: That Condition 0) be reworded to read: "The applicant shall provide a crosswalk in the vicinity of Lot 15 and Lot 12 to connect the existing and proposed sidewalks, to the satisfaction of the City Engineer." In response to C/McManus, DCM/DeStefano presented a drawing of the proposed crosswalk. He explained the location of existing and proposed sidewalk in the immediate area of the proposed project. He further explained the intent of the City Engineer to provide pedestrian linkage throughout the Gateway Corporate Center. C/Kuo pointed out a typographical error on the parking space chart located on Page 4 of staffs report. 153 parking spaces should be corrected to 173 parking spaces. He asked for an explanation of the effectiveness of the proposed traffic mitigation measures. DCM/De.Stefano explained that without the implementation of a number of traffic improvements, the level of service (LOS) at Copley Drive and Golden Springs Drive will drop from an acceptable level of C to F. Staff anticipates the installation of a number of different improvements such as lengthening the left throat ingress to Copley Drive, modification of the signal to accommodate the new length of throat, as well as, the related phasing, creating two right turn lanes and two left turn lanes out of Copley Drive, modifying the median in front of Lot 23, etc. C/Ruzicka stated his concerns about the already congested intersection of Grand Avenue at Golden Springs Drive. He asked if the proposed mitigation measures will take care of increased traffic at that intersection. DCM/DeStefano . responded that a Comprehensive Environmental Impact Report was produced for the Gateway Corporate Center. Built into that EIR was anticipated buildouts of various product types within the Center. Built into the mitigation measures for the anticipated traffic impacts was a long list of public improvements on Golden Springs Drive and its immediate vicinity. The mitigation measures included signalization, medians, etc. that currently exist. In addition, the developers of the Gateway Corporate Center contributed about $380,000 to the City of Diamond Bar for "downstream" mitigation which included Golden Springs Drive - Grand Avenue and Golden Springs Drive - Brea Canyon Road, where improvements have been ongoing over the years. This project has met its obligation in contributing to the anticipated impacts. This project will add to the congestion at Golden Springs Drive and Grand Avenue. However, it has paid its mitigation for those impacts. The MARCH 23, 1999 PAGE 3 increased congestion is more a product of transient cut -through traffic. The thousands of building permits that have been issued and constructed in Chino Hills, for example, has had an enormous impact upon Grand Avenue. Chair/Tye stated that one of the conditions for approval of Development Review No. 98-15 and 98-16 was to "restripe the northbound approach on Copley Drive to provide one left turn and dual right turn lanes, and modify the existing traffic signal accordingly. The identified improvements which will be conditions of approval are expected to mitigate the traffic." The identical condition is found on Page 6 of this project. He asked why all three projects contain the same conditions. DCM/DeStefano explained that the repeated conditions are deliberate. The conditions came about as a result of the traffic study that was conducted at the time which took into consideration the anticipated development within the various lots. The conditions are repeated to insure that the improvements are captured by the development. If Lot 22 or Lot 12 is never constructed, the improvements are never implemented. Therefore, the condition insures that the improvements are implemented by repeating the condition for each of the four projects that were a part of the original traffic study. Chair/Tye asked why the focus of the conditions is on Copley Drive and not the same at Gateway Center Drive. DCM/DeStefano stated that the traffic consultant has not recommended consideration of this type of condition at Gateway Center Drive. Based upon the engineering assessment, the assumption is that the majority of the trip generation will be from Copley Drive moving toward Grand Avenue. The majority of the development will be coming off of Copley Drive and Bridge Gate Drive. Jeff Hill, Opus West Corporation, explained the proposed project. He explained that the applicant asked the traffic consultant to look at all three projects in total. The traffic studies have shown that the Gateway Center Drive at Golden Springs Drive intersection is not nearly as impacted as the Copley Drive at Golden Springs Drive intersection. The proposed building is a spec building. There is no specific tenant contemplated for the building at this time. Chair/Tye opened the public hearing. There being no one who wished to speak on this item, Chair Tye closed the public hearing. C/Ruzicka stated his concerns regarding the impact of parking lot lighting and building signage with respect to residents living on the ridge above the project. VC/Nelson asked that language be added to the conditions to provide for minimal impact of lighting upon animals in the immediate area of the project. MARCH 23, 1999 PAGE 4 VC/Nelson moved, C/Ruzicka seconded, to approve Development Review 99-2, Findings of Fact and conditions as listed within the resolution with staffs recommended amendment to Condition 5. 0) and with the following statement be added to Condition 5. (d) on Page 6: "The applicant shall install lighting with shielding to insure that it not glare or spill onto adjacent residential. properties." Jeff NA stated that he has no issue with the proposed statement. However, he wants to be certain that he complies with the Sheriff Department's safety and security requirement. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye NOES: COM IISSIONER& None ABSENT: COMMISSIONERS: None PLANNING COMMISSION COMMENTS: C/Kuo stated he is looking forward to attending the Planners Institute in order to learn more about becoming a professional and contribute more to the community. VC/Nelson said he will be unable to attend the Planners Institute because of family commitments. Chair/Tye congratulated VC/Nelson on the occasion of his 25th Wedding Anniversary. INFORMATIONAL ITEMS: DCM/DeStefano stated that as Hearing Officer for Administrative Development Review applications, he tonight took action to defer the matter of a room addition to an existing house within "The Country Estates" to the Planning Commission because the project will require a front yard setback variance. This item will be scheduled for the April 13, 1999 meeting. Opus West has submitted an amendment to Lot 22. It is the intent of Opus' West to seek approval for retaining walls surrounding the building on Lot 22 in order to generate about 50-60 additional parking spaces. This project will be an item before the Planning Commission on April 13. SCHEDULE OF FUTURE EVENTS: As agendized. MARCH 23, 1999 PAGE 5 ADJOURNMENT: C/McManus moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 7:50 p.m. Respectfully 'Submitted, James DeStefano Secretary to the Planning Commission Attest: Steve Tye Chairman n..eJ�.�.mnn ew nye//nn - ��9 .... Fµf4E�eµa4wl-RWS�eM4W?n\uor\;r.:ai-.vtnM4H6Anwwµv��+\funM4\4�.An\MV�'d/M4y.N-O�f\ '� '. w6enR I d� rtj /I--tl• )'.fU Y-�' i.n• � j r -r r 14 gg ¢� $$ 4q�� �'1• '�€ ��qv ABS �� 5 n � � u' '� g'0 a 5 R r�3 9��.€"fin t�q qg p q a� AsaBig iY6Y Bpi g J.— _I 7 8� s f ' �P1���� ( r, � 'sf I� I }f,(h�• I/� � ,�:� >r. _:.�� . '.4.A.;1 - - _- .- - '.a -r) r � yia�s� I-� �/ F 411" Ila 11 #V,�Ta ,�.t?' n ---�. "^�•`'\.. 7fa _ I fir{ri { i r I r i I I I� .n"1hT94' j� r41Pr�1 I� �llg {1�{�( ri laa. Q. ': I 'I & (mow r •.-..'.'� ' rl � '�� �r4(r ' i r rr - ar m d {t a� I!IN rl i r,f l'rrLag 94, M. Mfs - I Nom' _i1i1171Ih 'iirK` �l•: ,Ari F—' �I - G �.�. r `�l'4' 1 i I , .. " I - a e �u2�s71... w �� se s I 1 'far :may 7' �'.•I2r, �B. n 3'is :! .. ( r i, L e�>.ac. i' u I 1 ¢alb' I �� • ��\\`,+ `'mil• -yam � j � L" �; l =� rdµ;I �j�-i�-'�- `�•=I�_ ..s �;; •�, .\ � - $!� sa ,n �_ ,urn t. Q Nsy 4 � � �� I � _ � 4— t 4•; DZ _r ( Z m U Mln o q 0 M DZ o Zrnq^foo A go coFI �� my I-. G I � � t•�}�F,t 3 UL 1z b S�W,Jn�k .Guth S. GoPi:£Y L7A�yC .. �'�P�Y —.,;e, , 03/22/1999 10:12 19492489215 MEMORANDUM RIDGE LANDSCAPE ARCH Date: March 22, 1999 To: Randy Ten Hove — OPUS West Construction From: Jim Ridge — Ridge Landscape Architects (RLA) Project: GATEWAY CORPORATE CENTER LOT 22 Diamond Bar, CA Subject: Crib Block Retaining Wall Planting r'Hut X71 This transmission consists of (1) page(s) including this cover sheet. If you experience any problems or do not receive all pages, please call (949) 248.9211. Our fax number is (949) 248-9215. A hard copy will not follow in the mail. The crib block retaining walls will be planted with drought tolerant, flowering plant material. The plant material will break up the retaining wall expanse and blend the wall into the surrounding landscape. The planting pockets will be irrigated by a spray irrigation system at the walls below 4' height and drip tubing at the walls in excess of 4'. The proposed plant materials for the crib block walls is as follows: Lonicera japonica halliana / Hall's Honeysuckle Rosmarinus officinalis 'prostrata'/ Trailing Rosemary Trachelospermum jasminoides / Star jasmine Lantana montivedensis / Trailing lantana o:\wpoocswPu®\Da2zm3-22-esrth.d= 34072 VIOLET LANTERN SUITE C DANA POINT CA 92629 TEL 949 248 9211 fax 949-248 9215 A A 14* 40 a a � ATI NEGATIVE DECLARATION NO. 98-5 for DEVLOPMENT REVIEW NO. 98-15 (1) and VARIANCE NO. 99-1 21810 E. Copley DRIVE DIAMOND BAR, COUNTY OF LOS ANGELES, CA 91765 Environmental Finding Initial Study (Environmental Information and Environmental Checklist) 10R#1111114"WA P103:4 March 19, 1999 C:\WP60\LIHDAKAY\F0RMS\NEGDE0 NEGaTIVE DECLARATION 98-A2 P.ADID) Project Description and Location r IN 0 Wall - IN -1, 1 -1 -1 1 - I Ulf) Pursuant to Guidelines for California Environmental Quality Act §15063 (f), this form, along with the Environmental Information Form completed by the applicant, meets the requirements for an Initial. Study. This form is comprised of five parts: Part 1 Background Part 2 Summary .of Environmental Factors Potentially Affected Part 3 Determination Part 4 Evaluation of Environmental Impacts Part 5 Discussion of Environmental Impacts PART 1- BACKGROUND 1 city Project Number: Development Review No. 98-15 (1) and Variance No. 99-1 2. Project Address/Location: 21810 E. Copley Drive (Lot 23 of Tract No. 39670), Diamond Bar, CA 91765 3. Date of Environmental Information Torm submittal: March 18, 1999 4. Applicant: Opus West Corporation, 2030 Main Street, Irvine, CA 92614, (949) 622-1950 Property Owner: Diamond Bar Associates, c/o AEW Capital Management, LP Address: 601 Figueroa, Suite 2150 City/State/Zip: Los Angeles, CA 90017 Phone: (213) 312-2611 Fax: N/A D:\ANN\NEG DECS\DR99-15(1) & VAR99-1. ND ADDOMUMMOC 3M199. 5. Lead Agency: City of Diamond Bar Contact: Ann J. Lungu, Associate Planner Address: 21660 E. Copley Drive, Suite 190 City/State/Zip; Diamond Bar, CA 91765 Phone: (909) 396-5676 Fax: (909) 861-3117 6. General Plan Designation: Professional Office (OP - Max. 1.0 FAR) 7. Zoning: Commercial -Manufacturing Unilateral/Contract (C -M U/C) Zone Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). This document is an addendum to Negative Declaration No. 98-5 related to a uroiect approved by the Planning Commission on January 26, 1999. The addendum is necessary due to the applicant's request to revise the approved project. The original approval allows the construction of a two-story office building of approximately 42,720 square feet on a vacant lot within a business park identified as "Gateway Corporate Center". The approved project includes providing 248 parking spaces (with 224 required parking spaces). The revision request consists of expanding the building pad by cutting into the existing slopes utilizing a loffel type retaining walls. The proposed retaining walls vary in height with the maximum proposed height of approximately 13 feet. This requested revision will expand the parking lot thereby providing 66 additional parking spaces. The total of number of parking spaces provided will now be 309. The office use is still Allstate Insurance. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: The proposed project is located on Lot 22 of Tract No. 39679 at 2180 E. Copley Drive within Gateway Corporate Center. Gateway Corporate Center is located south and east of the SR 57 and SR 60 Freeways' junction within the City of Diamond Bar. Generally, to the north and across the street of the project site lies South Coast Air Quality Management District (SCAQMD - Lot 1). Recently, the City has approved several other projects__ which are as follows: to the northwest and across the street (Lot 2) - two office buildings, approximately 166,000 square feet, one building will be utilized by Travelers Insurance and tenant(s) for the other building is unknown; adjacent Lot 23 - one office building, approximately 76,000 square feet for Allstate; Lot 15 - two-story office building approximately 56,000 square feet for unknown tenant(s); and Lot 12 - two story office building, approximately 39,000 square feet for unknown tenant(s). D:\ANN\NEG DECS\DR96-15(1) & VAR99.1. ND ADDENDUM..DDC 3/22199 10. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement): None. 11. List City of Diamond Bar related applications for this project that must be processed simultaneously: None. 12. List prior projects for this parcel: Development Review No. 98-15 3 D.XANNWM DECS\DR98-15(1) k VAR99-i. ND ADDENDUM..DOC 3/22199 L0 40 • 0 O) z 1 OW -KA NEGATIVE Initial Study (Environmental Information and Environmental Checklist) PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 1. Land Use and Planning _ 9. Hazards _ 2. Population and Housing _ 10. Noise _ 3. Geologic Problems _ 11. Public Services _ 4: Water 12. - Utilities & Service _ Systems _ 5. Air Quality _ 13. Aesthetics _ 6. Transportation/ Circulation 14. Cultural Resources _ 7. Biological Resources_ 15. Recreation _ 8. Energy &Mineral 16. Mandatory Findings Resources - of Significance _ 4 D:UNN\NEG DECS\DR99-15(1) E VAR99-i. ND ADDENDUM..DOC 327/99 PART 3 - DETF M . INATION To be completed by Lead Agency On the basis of this initial evaluation: Project Number: DR 98=15 (1) & Var 99-1 I find that the proposed project revision COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.. I find that although, the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the MMGATION MEASURES described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. March 19, 1999 S' n r Date Ann 1. Lungu 5 D:VWN\NEG DECSIDR98-IS(t) A VAR99L1. ND ADDENDUM..DOC 3/SM 54*40wareNoblunce) is NEGATIVE DECLARATION 98 Environmental Finding ENVIRONMENTAL ISSUES d. Inadequate parking capacity on-site? Source #s: City of Diamond Bar Development Code, Title 22, p. III - 91 et seq. , Gateway Corporate Center Design Guidelines, Section 2.7; project site plan a. Have a substantial adverse affect on a scenic vista or damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Source #s: General Plan, p. III -10 b. Substantially degrade the existing visual character or quality of the site and its surroundings? Source #s: General Plan, p. III -10; City of Diamond Bar's Development Code, p. IV -11-16;. Gateway Corporate Center Design Guidelines C. Create a new source of substantial .light or glare, which would adversely affect day or nighttime views in the area? Source #s: City of Diamond Bar's Development Code, p. IV -11-16; Gateway Corporate Center Design Guidelines 6 DAANNWEO DEMDR98.15(1) do VAR99-1. ND ADDENDUM—DOC 322M Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact WA P MM x a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? C. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of'other current projects, and the affects of probable future projects) d. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? 7 D:UNN\NEG DECS\DR96-15(1) & VAR99-1. ND ADDENDUM..DOC 3/22M IM WO WA PART 5 - DISCUSSION OF ENVIRONMENTAL IMPACTS Discussions within each section may be grouped. 6. TRANSPORTATION/CIRCULATION d. The proposed office building is approximately 56,000 square feet. Pursuant to the City's Development Code and Gateway Corporate Center's development standards, one parking space is required for each 250 square feet of gross floor. area of a general office use. Therefore, this project requires that 224 parking spaces be provided. The original project approval (by Planning Commission, January 26, 1999) provides 248 parking spaces. The requested revision expands the building pad in order to provide additional parking spaces. Eighty-five additional parking spaces will be provided, thereby providing 309. parking spaces which is more then the Code requires. Additionally, the City's Ordinance for Trip Reduction and Travel Demand Measures applies to this project. Therefore, the proposed project will comply with said ordinance. 13. AESTHETICS a. -c. The proposed revision is to construct retaining walls using a loffel type system. The retaining wall's heights will vary from 2.5 feet to approximately 13 feet with the majority of the walls being 8 to 9 feet. The retaining walls will be utilized to expand the pad area, thereby expanding the parking lot area. The retaining walls are located within the rear and one side of the project site. The proposed retaining wall system is constructed on an angle adjacent to the face of the slope. Due to the angle, taller heights are required. If a regular block retaining wall were utilized, a 13 -foot high loffel retaining wall would be 10 feet in height. However, the advantage of a loffel type retaining wall is that it contains cells filled with earth that can be planted, thereby eventually camouflaging the wall as the plant material matures. The Gateway Corporate Center's architectural committee approves the retaining walls. Furthermore, the project site is not located adjacent to a scenic vista, historic buildings and/or a state scenic highway. The project site is previously graded with a buildable pad area. It does not contain natural resources such as trees, native vegetation or rock outcroppings. 8 D:\ANN\NEG DECS\DR98-15(1) & VAR99.1. ND ADDENDUM..DOC 3122/99 City of Diamond Bar DEVELOPMENT REVIEW r Staff Report AGENDA ITEM NUMBER: 8.2 REPORT DATE:' April 8, 1999 MEETING DATE: April 13, 1999 CASE/FILE NUMBER: Development Review No. 99-03 and Variance No. 99-03 APPLICATION REQUEST: A request to construct a 3,917 square foot two-story addition and exterior remodel .with carport and decks to an existing 3,108 square foot, one-story, single family residence with three -car garage. PROPERTY LOCATION: 2194 Indian Creek Road (Lot 61 of Tract No. 23483) PROPERTY OWNER/APPLICANT: Robert Granato, 2194 Indian Creek Road, Diamond Bar, CA.91765 BACKGROUND: The property owner/ applicant, Robert Granato, requests a Development Review and Variance approval (pursuant to Code Sections 22.48, 22.54 and 22.68) in order to construct a 3,917 square foot two-story addition and exterior remodel with carport and decks to an existing 3,108 square foot, one-story, single. family residence with three -car garage. Variance No. 99-03 review and approval is required to allow the applicant to encroach into the front setback. The project site is located at 2194 Indian Creek Road (Lot 61 of Tract No. 23483), Diamond Bar, CA, within the gated community identified as "The Country Estates." It is currently developed.with a 31108 square foot one-story residence. The project site is approximately 1.36 gross acres and 1.15 net acres. It is pie -shaped, narrowing and sloping downward toward the rear, southerly exposure. The current residence and proposed structure are within the buildable pad area. A prior approval, Yard Modification No. 95-1, approved a tennis court and retaining wall allowing mitigation.of a landslide area while leaving much of the site 1 and slopes in open space. Though not applicable to this application, a "flood hazard" area exists at the rear of the site per Tract Map 23483. The project site is zoned Single Family Residence -Minimum Lot Size One Acre Rural Residential (RR) Zone. Its General Plan Land Use designation is Rural Residential (RR). Generally, the following zones surround the subject site: to the north, south,. east and west is the Rural Residential (RR) Zone. ANALYSIS: The application was originally proposed as Administrative Development Review No. 99-02. During the review of the project, a front setback of 20 feet was noted for the existing structure that had been constructed in 1977 under the Los Angeles County Code allowing 20 feet for the front setback. On December 3, 1998, the City of Diamond Bar's newly adopted Development Code became effective and requires a front setback in the Rural Residential Zone as 30 -feet making this a nonconforming structure. Section 22.68.030(B) of the Development Code allows the alteration of a nonconforming structure with a Minor Conditional Use Permit approval by the Hearing Officer, but limits the exterior of the new construction from encroaching further into the setbacks than the comparable portions of the existing structure. The proposed structure does not follow the comparable portions of the existing structure and encroaches into the front setback. It is noted that the existing front eave is three feet. The proposed construction does not encroach further then this overhang. The variation from the front property line to the structure exceeds the authority of the Hearing Officer, and therefore requires the Variance Application to be heard by the Planning Commission. Pursuant to Development Code Section 22.54, an application for Variance is required to allow for deviations from the Code's development standards. The deviation may be granted when special circumstances (e.g., location, size, shape, surrounding, topography) are applicable to the property, which results in denying the property owner privileges enjoyed by other property owners in the vicinity and under the identical zoning district, or creates an unnecessary and non -self created, hardship by the strict application of the Development Code. Furthermore, all Variances require the Planning Commission's review and approval. This application requires development review per Title 22 of the City of Diamond Bar Municipal Code. Section 22.48.020.8(1) states that "additions to structures, and reconstruction projects which are equal to 50 percent or greater of the floor area of existing structures on the site..." and *involve the issuance of a building permit are subject to 2 Administrative Development Review. The proposed project is residential construction of 50 percent or greater of the floor area of the existing structure. Therefore, Administrative Development Review is required. Pursuant to Development- Code Section 22.48.030, concurrent processing shall be made by the highest level of authority; therefore, both applications shall be heard by the Planning Commission. The following is a comparison of the City's approved development standards and the project's proposed development standards: The above analysis indicates that the proposed; residence is a non- conforming structure and does not comply with the City's development standards with respect to the front setback. The applicant has obtained the approval of "The Country Estates" Homeowners' Association architectural committee. The existing pie -shaped lot's buildable pad curves in the front. The existing house in front is between 21 to 23 feet at the closest point on the radius from the property line. The house is 12 feet from the existing retaining wall in the rear. As stated earlier, this wall is a mitigation measure for a previous landslide, so expansion to the south is limited. An existing pool on the east side of the existing structure constricts expansion in that direction. Therefore, building a second story facilitates expansion on this pad for a habitable structure. The post and beam framing required to support the second story encroaches 11,�-3 feet into the existing front setback allowing the first floor of the home to remain as existing. The varying encroachment allows for architectural styling rather than having a flat box -like structure on the site. This encroachment, however, leaves only the original 20 feet as granted by Los Angeles County. As stated previously, today's code 3 City's Development Standards Project's Development Standards 1. Setbacks: 1: Setbacks: • Front -yard -301 from property 0 Front yard- 201 from property line line • Side yards -151 & 101 minimum * Side yards- 851 and 101 from from property line property line • Rear yard -201 minimum from * Rear yard- 3051 from property property line; line, 2. Building Height: 2. Building Height: 0 Two stories-maximum.351; e Two stories -maximum 351;,' 3. Parking: 3. Parking: * Minimum 2 car garage. 0 3 car garage and carport. The above analysis indicates that the proposed; residence is a non- conforming structure and does not comply with the City's development standards with respect to the front setback. The applicant has obtained the approval of "The Country Estates" Homeowners' Association architectural committee. The existing pie -shaped lot's buildable pad curves in the front. The existing house in front is between 21 to 23 feet at the closest point on the radius from the property line. The house is 12 feet from the existing retaining wall in the rear. As stated earlier, this wall is a mitigation measure for a previous landslide, so expansion to the south is limited. An existing pool on the east side of the existing structure constricts expansion in that direction. Therefore, building a second story facilitates expansion on this pad for a habitable structure. The post and beam framing required to support the second story encroaches 11,�-3 feet into the existing front setback allowing the first floor of the home to remain as existing. The varying encroachment allows for architectural styling rather than having a flat box -like structure on the site. This encroachment, however, leaves only the original 20 feet as granted by Los Angeles County. As stated previously, today's code 3 requires the front setback at 30 feet. This is a special circumstance applicable to the property that makes strict enforcement impractical and would create unnecessary hardship to the applicant. The. terrain in the vicinity of application from Derringer Lana, Indian Creek Road and Falcon's View Drive is a downward slope. The adjoining properties on both sides are vacant lots. The two-story structure on this site will not significantly affect surrounding 'properties from detrimental view blockage impact. The proposed project's architectural style is Mediterranean. The style is similar and proposed colors are the same as the existing structure and are compatible with the eclectic architectural style of other homes within Tract No. 23483 and "The Country Estates." The following materials and colors.will be utilized: ' ® Exterior stucco - X-48, Meadowbrook off-white; ® Wood Trim - Dunn Edwards, What's Left; ® Roof tile - Terra Cotta blends, clay s -tile; ® Windows - White Vinyl ® Wrought Iron - Dunn Edwards, Swiss Coffee ® Architectural Precast - Dunn Edwards, Swiss,Coffee The proposed single-family structure consists of a two-story addition and remodel, adding a carport and decks. The first story contains a foyer, kitchen, wet bar in conjunction with main kitchen, pantry, nook, dining room, living room, family room, billiards room with wet bar, hall bath, bedroom with bath and walk -in -closet, maids room with bath, powder room, and three car garage. The second story contains a master bedroom suite with wardrobes, exercise room, storage, and bath, library, study, powder room, storage, laundry, two bedrooms -one with walk -in -closet and adjoining bath. A.landscape/irrigation plan was submitted for review and approval with this project's application delineating the type of planting materials, color, size, quantity and location as existing. A subsequent plan with planting materials shall be submitted for all new planting materials. It is required that the front yard landscaping/ irrigation be installed prior to the Planning Division's final inspection or Certificate of Occupancy's issuance. 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 shall not exceed a height of 42 inches. The new driveway is not noted as to color and design. The applicant shall provide colors and design to the Planning Division for approval. 4 Pursuant to Section 22.38, Tree Preservation and Protection, the applicant has submitted that no Oak trees, Walnut trees, California Pepper, or Arroyo Willows are in existence on the site. The carport columns are located at the side yard setback of 10 feet on the'west side per the elevations. Per the Development Code, the roof overhang for the carport shall encroach no further than 30 inches. Adjacent to the proposed addition/ remodel, in the rear yard -is an existing retaining wall, as well as a block wall behind, the proposed carport. The applicant is required to verify the adequacy of,the walls with the proposed structure and to provide an updated soils report as required by the Public Works Division. These existing walls and the soils report shall be a condition of approval. The Public Works Division and the Building and Safety Division reviewed this project. Their recommendations are a component of the draft resolution. NOTICE OF PUBLIC HEARING: This item has been advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on April 2, 1999. Thirty-three property owners within a 500 -feet radius of the project site were notified by mail on April 1, 1999. The owner was required to post at the site and sites within the Country. ENVIRONMENTAL ASSESSMENT: 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 15301 (e)(2). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 99-03 and Variance No. 99-03, Findings of Fact, and conditions of approval, as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area 5 (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not interfere .with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics 'of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelinesi 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 E. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). .1 There are special circumstances applicable to the property (e.g., location, size, shape, surrounding, topography or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other owners,in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; 2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought; 3. Grantina the Variance is consistent with the General Plan and any applicable specific plan; 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and 0 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Linda Kay Stni Development Services Assistant ATTACHMENTS: 1. Draft Resolution of Approval; 2. Exhibit "All - site plan, floor plan, elevations and materials/ colors board, landscape plan dated Match 23, 1999; 3. Application; 4. Oak Tree Statement dated December 17,1998; 5. Copy of Tract Map No. 23483, Lot 61's easements; D:WORD-LINDA\PLANCOMM\PROJECTS\DR99-03\DR99-03REP N PLANNING COMMISSION RESOLUTION NO. 99 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY --OF DIAMOND EAR ' APPROVING DEVELOPMENT REVIEW NO. 99-03 AND VARIANCE NO. 99-03, A REQUEST TO CONSTRUCT A 3,917 SQUARE FOOT TWO- STORY ADDITION AND EXTERIOR REMODEL WITH CARPORT AND DECKS TO AN EXISTING 3,108 SQUARE FOOT, ONE-STORY, SINGLE FAMILY RESIDENCE WITH THREE -CAR GARAGE. THE PROJECT SITE IS LOCATED AT 2194 INDIAN CREEK ROAD (LOT 61 OF TRACT MAP ,NO. 23483), DIAMOND BAR CA. A. Recitals 1. The property owner/applicant, Robert Granato, has filed an application to approve Development Review No. 99-03 and Variance No. 99-03 for a property located at 2194 Indian Creek 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 and Variance shall be referred to as the "Application". 2. The Planning Commission of the City of Diamond Bar, on April 13, 1999, conducted a duly noticed public hearing on the Application. 3. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on April 2, 1999. Thirty-three property owners within a -500 -foot radius of the project site were notified by mail on April 1, 1999. The owner was required to post at, the site and sites within the Country. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from, the requirements of the California Environmental Quality Act of 1970 (CEQA),and 1 PRAr 7 guidelines promulgated thereunder. This is pursuant to Section 15301 (e)(2) 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 site developed with an existing 3,108 square foot, one-story, single family residence with three -car garage at 2194 Indian Creek Road (Lot 61 of Tract No. 23483), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 1.36 gross acres and 1.15 net acres. It is pie -shaped, narrowing and sloping downward toward the rear, southerly exposure. The current residence and proposed structure are within the buildable pad area. A prior approval, Yard Modification No. 95-1, approved a tennis court and retaining wall allowing mitigation of a landslide area while leaving much of the site and slopes in open space. Though not applicable to this application, a "flood hazard" area exists at the rear of the site per Tract Map 23483. (b) The project site is zoned Single-family Residence - Minimum Lot Size One Acre Rural Residential (RR) Zone. Its General Plan Land Use designation is Rural Residential (RR). (c) Generally, the following zones surround the subject site: to the north, south, east and west is the Rural Residential (RR) Zone. (d) The application is a request to construct a 3,917 square foot two-story addition and exterior remodel with carport and decks. 2 i .. J* RcAr`207 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, currently developed with a one- story single-family residence, 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 (1 du/acre). Additionally, the proposed project complies with the City's General Plan objectives and . strategies related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the applicant has obtained the approval of "The Country Estates" Homeowners' Association architectural committee. (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 developed with a one- story single-family residence. The proposed addition, deck, and exterior remodeling do not change the existing use of a one-story single- family residence. Although the proposed addition enlarges the existing residence, it 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 Indian Creek Road. This private street is designed to handle. 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 Plan, 3 VARIANCE 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." Additionally, the colors and materials utilized are compatible with the homes within the surrounding area and the same as the existing residence. The applicant -has obtained the approval of the architectural committee of "The Country Estates." (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 and low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or -welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. City permits, inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (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 15301 (e)(2). (k) There are special circumstances applicable to the property (e.g., location, size, shape, surrounding, topography or other conditions), so that the strict 4 r--! ,. r rr, / ". � )1 R L ,..,� L application of the City's Development Code denies the property owner privileges enjoyed by other owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. The existing pie -shaped lot's buildable pad curves in the front. 'The existing house in front. is between 21 to 23 feet at the closest point on the radius from the property line. Expansion- of the structure to the south is limited due to mitigation measures of retaining wall for a. previous landslide. An existing pool on the east side of the existing structure constricts expansion in that direction. Therefore, building a second story facilitates expansion on this pad for a habitable structure. The post and beam framing required to support the second story encroaches 11-�-3 feet into the existing front setback allowing the first floor of the, home to remain as existing. The varying encroachment allows for architectural styling rather than having a flat box -like structure on the site. This encroachment, however, leaves only the original 20 feet as granted -by Los Angeles County. The existing structure is considered a nonconforming structure since the adoption of the December 3, 1998 Development Code. Though today's code requires the front setback at 30 feet, this is a special circumstance applicable to the property that makes strict enforcement impractical and would create unnecessary hardship to the applicant. Granting' the Variance preservation and enjoyment rights possessed by other same vicinity and zoning the property owner for sought. is necessary for the of substantial property property owners in - the districts and denied to which the Variance is As stated above in Item (k), the existing structure is considered nonconforming. The granting of the Variance will allow the applicant to support the second story for expansion of the dwelling unit with post and beam framing, leaving much of the first floor structure in tact. Many structures within the "Country Estates" have been able to utilize this same technique. 5 LIL (m) Granting the Variance is consistent with the General Plan and any applicable specific plan. The architecture of the undulating front facade of proposed structure is consistent with the General Plan and other projects within "The Country Estates." The visual character and quality eliminates a flat box -like structure. (n) The proposed entitlement would not be detrimental to the public interest, health, -safety, convenience, or welfare of the City. City permits, inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public interest, health, safety, convenience, or welfare, of the City. (o) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to Section 15301 (e)(2) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations, the City has - determined 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. No further public review is required. 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 and materials/colors board collectively labeled as Exhibit "A" dated April 13, 1999, as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and 6 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'srequirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) The landscape/ irrigation plan has been submitted with this application delineating the type of planting materials, color, size, quantity and location as existing. A subsequent plan with planting materials shall be submitted for all new planting materials. The front landscaping 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. Driveway color and design shall be provided for Planning Division approval prior to Planning Division's final inspection. (e) A grading plan/retaining wall plan review and approval is required for cut/fill quantities greater than 50 cubic yards, otherwise a fine grade/drainage plan shall be filed with the City's Engineering Division. If cut/fill quantities are 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; (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; 7 (7) Indicate retaining wall locations on grading plan and delineate: (a) Top of wall; (b) Top of footing;. (c) Finish Surface; (d) Structural calculations; and (e) Retaining wall shall not exceed a height of six feet. (8) Existing retaining walls shall be.part*of the submittal and approval. 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. (g) 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 mitigated. (h) The single-family structure shall meet the 1994 U.B.C., U.P.C., U.M.C., and the 1993 National Electric Code requirements., (i) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (j) The single-family structure is located in "Fire Zone 41' 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; (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 1-4 inch nor more than � inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1-i inch screen. (k) This single-family structure shall meet the State Energy Conservation Standards. 8 L 2, Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain awayfrom the building at a 2% minimum slope. (n) Driveway grade and design shall.be approved by the Fire Department. (o) Per the Development Code, the roof overhang for the carport on the west side shall encroach no further than 30 inches into the setback. (p) Due to the site's topography, Applicant shall comply with special design requirements as specified in the U.B.C., Section 18.4.3, building setback, top and toe of slopes. (q) The Applicant shall comply with Planning and Zoning; Building and Safety; and, Public Works and Fire Department requirements. (r) 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 -(l) 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. (s) 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. (t) 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 9 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 Robert Granato, 2194 Indian Creek Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 13TH DAY OF APRIL 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Tye, 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 13th day of April, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary D':WORD-'LINDA\PLANCOMM\PROJECTS\DR99-3 VAR99-3 WAS ADR99-02\RESODR99-03 PH CITY OF DIAMOND BAR DEPARTMENT OF COMMUNITY & DEVELOPMENT SERVICES Planning Division 21660 E. Copley Drive Suite 190, Diamond Bar, CA 91765 , (909)396-5676 Fax(909)861-3117 VARIANCE APPLICATION Record Owner Applicant Name. ("' Pr n t )� -�0 (Last name first) / (Last name fust) Address (`� y city Zip Phone(t 1)� % 1'l�' lJ �• T Phone( ) Fax (; e. `! Fax ( ) h Phone( ) Fax ( ) Case # FPL # Deposit S Receipt # By Date Recd FOR CrrY USE Applicant's Agent (Last name fust) NOTE: It is the applicant's responsibility'to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partneiships, joint ventures, and directors of corporations.) Consent: 1 certify that I am the owner of the herein described property and permit the applicant to file this request Signed ' Date �- All record owners) - Certification: I the undersigned, herebY cerunder penalty hofer!urthat the information herein provided is -correct to the best of my knowledge. Print Name 1� (Applicant or Agent) /. Signed ' '` L �� i'�'c_ !� >-�%'�� Date (Applicant or Agent) Location -�; L4 I _ (Street address or tract and lot number) between ' : ^� � kJ [/•, e' L", and C_ _� { /•� >c (.. �= �' �' /C (Street) (Street) Zoning House Numbering Map City of Diamond Bar VARIANCE APPLICATION Project Size (gross acres) >" Project Density Previous Cases ( Present Use of Site v fort=� Domestic Water Source Method of Sewage Disposal 6�-C) Grading of Lots by Applicant? YES NO (Show necessary grading design on site plan or tent. map) Company/District i Sanitation District? - Amount k Page Two LEGAL DESCRIPTION (All ownership comprising the proposed lots/project). If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change.) 1-7" �- / i :_2 3 5/x'3 Project Site: / 6 / Gross Area No. of Lots Area devoted to : Structures Residential project: Gross Area Proposed Density Units/Acres Number and types of Units Residential Parking: Type Open Space and No. of floors Required 2 Provided Total Required 49-- Total Provided hearing meeting scheduled. The results of the staffs environmental review (Initial Study) will be sent to you as soon as possible. AT THE TRa THE INITIAL STUDY IS COMPLETED, YOU WILL ALSO BE INFORMED OF ANY ADDITIONAL ENVIRONMENTAL FEES REQUIRED. Questions regarding the Initial Study should be directed to the Diamond Bar Community and Development Services Department, Planning Division. VARIANCE CASE -BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission. the following facts: (answers must be full and complete) A. That there are special circumstances or exceptional characteristics applicable to the property involved. such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification. in/?�'S�' ��•(' r�Z' •�:��._ �S l�t.'l�l/v7 ZC . �t'�'" �/>`�. /'c.c��, a� � C Dcc B. That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed b-, owners of other property in the same vicinity and zone. C. That the granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. i� i : L `� ; t` � �-i �•J ' .•r -s, S �✓ � C � 'L S �!/C� G ✓ 7` ' / `�-i �1- c' S- r Requirements for Variance Application 3 INSTRUCTIONS FOR COMPLETING INITIAL STUDY QUESTIONNAIRE TO THE APPLICANT: The California Environmental Quality Act (CEQA) requires a review of your proposed project for possible environmental impacts. This Initial Study process is intended to determine the type of environmental documentation necessary to have your project considered by the City. The Initial Study consists of a completed questionnaire and other material which you must provide and an analysis of potential impacts prepared by staff, often with the input from reviewing agencies with special expertise. This process can be expedited with your cooperation. The project file must include the following exhibits, which you must provide. I. Initial Study Questionnaire - In completing this questionnaire, all questions should be answered as completely as possible (attach extra pages if necessary). If requesting a land division, it should be anticipated that future development will take place, and the questionnaire completed accordingly. Preliminary grading and/or development concepts should be submitted, even if no immediate construction is anticipated. 2. Development Plan with contours showing: a. The location and layout of the proposed development or possible pad location; b. Native vegetation, including the location, spread, health and circumference (measured 4 1/2 feet above ground level) of any oak, walnut, sycamore, California pepper and arroyo willow trees. C. Existing and proposed landscaping. 3. Vicinity Map of appropriate scale showing the subject property in relation to nearby streets and other significant physical features. Street maps (such as Thomas Guide) in urban areas or U.S.G.S. Quad Sheets in rural areas should be used. (Quad Sheets area available at many map stores or from the Department of the interior Geologic Survey, 300 North Los Angeles Street, Room 7638, Los Angeles. (this is the Federal Building in Los Angeles Civic Center.) 4. Photographs of the site, pad locations and surrounding area. An index map keyed to the photographs should be provided, showing the location and direction of each photograph. 5. Generalized land use map of appropriate scale for the project site and surrounding properties, with uses clearly labeled. Be certain that the project number(s) is on all material (e.g. maps, photographs, questionnaire). FAILURE TO SUBMIT ALL REQUESTED MATERIALS AND TO PROVIDE COMPLETE QUESTIONNAIRE INFORMATION . CAN RESULT IN DELAYS IN PROCESSING YOUR CASE. Staff Use Project No. INITIAL STUDY QUESTIONNAIRE (to be completed by applicant) A. GENERAL INFORMATION Project Applicant (Owner): Project Representative: ' NAME ADDRESS PHONE # FAX# 1. Action requested and project description: NAME ADDRESS PHONE # FAX# 2. Street location of project: /121 -t 3. Present use of site: 4. Previous use of site or structures: 5. Project Description a. Site Size (total area) b. Square Footage (covered by structures, paving >' C. Number of floors of construction ~� d. Amount of o$ -street parking provided e. Landscaping, open space f. Propose scheduling g. Associated projects h. Anticipated incremental development Initial Study Questionnaire -Page t R1 7 8 E 10 1. H If residential, include the number of units, schedule of unit sizes size expected) / ii �z , f - - -;f >.�" , of sale prices or rents and type of household If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. /1 k. If industrial, indicate typeeitimated employment per shift, and loading facilities 1. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to he derived from the project. 'OY. M. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required. / / 1 l �- •oL i ,, .. r�-e c � f �� �e > ✓ ,-C,.-e ..tee � i... � it •fie •L,.�..-r •r- .� Please list all previous cases (if any) related to this project: � / /?? 5S__1 List related permit/approvals required. * Specify type and granting agency. Are you planning future phases of this project? If yes, explain: Present zoning: )C �- Y N ' Water and sewer service: Domestic Public Water Sewers Does service exist at site? YY_ N_ YL N If yes, do purveyors have capacity to meet demand of project and all other approved projects? Y N — YL N Initial Study Questionnaire -Page 2 If domestic water or public sewers are not available, how will these services be provided? 1l. Residential Projects: a. Number and type of units: . J , V. Floor area of each unit: �%C. �� f `%�! '`re ' c'. -! : i . C. Number of floors . d. Schools: r / What school district(s) serves the property? Wit- r / �� �� 4 Are existing school facilities adequate to meet project needs? YES NO If not, what provisions Will be made for additional classrooms? 12. Non-residential projects: (commercial, industrial, institutional) A) a. Distance to nearest residential use or sensitive use (school, hospital, etc.) b. Number and floor area of buildings: C. Number of employees and shifts: d. Maximum employees per shift: e. Operating hours: f. Community benefit to be derived from project: g: Identify any: End products Waste products Means of disposal It. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive materials? YES NO If y: -s,, explain Initial Study Questionnaire -Page 3 L Do your operations require any pressurized tanks? YES NO LZ If yes, explain j. Identify any flammable, reactive or explosive materials to be located on-site. k. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? YES NO •. If yes, explain 13. Associated Projects 14. Anticipated incremental development 15. If residential, include the number of units, schedule of unit sizes .v _F 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per§hifl, and loading facilities A' /. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, . loading facilities, and community benefits to be derived from the project. Initial Study Questionnaire -Page 4 B. ENVIRONMENTAL INFORMATION (to be completed by applicant) 1. Environmental Setting --Project Site a. Existing use/structures�_� b. Topography/slopes *c. Vegetation *d. Animals /Z --l!",'�i- — *e. J f. Cultural/historical resources g. Other C 2. Environmental Setting -- Surrounding Arca a. Existing uses structures (types, densities): b. Topograpby/slopes X / *c. VeDetation *d. Animals Initial Study Questionnaire -Page 5 *e. Watercourses f Cultural/historical resources g. Other - I- * Answers are not required if the area does not contain natural, undeveloped land. 3. Are there any major trees on the site, including oak trees, wa t trees, sycamore, California pepper and arroyo willow? YES NO If yes, type and number: 4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?: YES NO If yes, explain: 5. Grading: Will the. project require grading? YES NO v If yes, how many cubic yards? Will it be balanced on-site? YES No If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES NOLO J If yes, explain: 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? YES d NO Distance to nearest fire station: Initial Study Questionnaire -Page 6 S. Noise: Existing noise sources at site: Z Noise or vibration to be generated by project: 9. Fumes: Odors generated by project: 2944 x— ' Could toxic fumes be generated? 10. Dust: Dust, ash, or smoke generated by project: SLC'-�L.�C�z 11. What energy -conserving designs or material will be used? ��, �� � A Ae/z CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to st of my knowledge and be e 'f. Date Signature For: Initial Study Questionnaire -Page 7 CITY OF DIAMOND BAR COAEgUTNITY DEVELOPMENT DEPARTMENT 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 DEVELOPMENT REVIEW APPLICATION ,�gq Record Owner Name 6 04A) 13 i l 26geil-t (Last name first) Address 2 1 "l N Aa/ -- zip e(. Phon 7��(�: Applicant 5f�int (Last name first) Case# FPL # Deposit $ Receipt!# By Date Rec'd Applicant's Agent (Last name first) Phone( ) Phone( ) NOTE: It is the applicant's responsibility to notify the Community Development Director inwriting 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 certify that I am the owner of the herein described property and permit the applicant to file this request. Signed/ �G �-/l -�' �c =� r iC. 74 C. Date (All record owners) - Cenifiration: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name (Applicant or Agent) / Signed ,�` �rr'�� ✓ �� !i i . �l <: Date (Applicant or Agent) Location v� �% -( ItCi 1 !_ 1-'Z�,� • ,�'% (Street address or tract and lot number) Zoning Previous Cases Present Use of Site „/ I iti Use applied for K_e t!'I c.• Ste, Legal description (all ownership comprising the proposed 10t(s)/parcel(s)) Area devoted to structures Landscaping/Open space 4��/ Project Size Lot Coverage Proposed densityJ (Units/Acres) Style of Architecture 4 7.1 ✓° k't ' � --- Number of Floors Proposed r� 2 Slope of Roof 2 Grading A! If yes, Quantity Cut Fill Import If yes, Quantity Export .el-, If yes, Quantity OAK TREE STATEMENT [ ] The subject property contains no oak trees. [ ] The subject property contains one or more oak trees, however the applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak trees. [ ] The subject property contains one or more oak trees and the applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. An Oak Tree Permit has been or will be applied for prior to any activity taking place on the property. Applican ' ignature 1'-'-2--A/- 9F" Date 0 N 0 pAces M Iro I YV✓t My 1N�ivY end: iirrsdrrvn /5 ITEM 8.2 DR 99-03/VAR 99-03 2194 Indian Creek Roa4 Staff Report and Draft Resolution located in Project File. W) 00 ".4 10JIMME. Wo� oz OZ W 8 g c NOTICE OF PUBLIC MEETIN, AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY'OF LOS I ANGELES -' ) CITY OF DIA&bjO D BAR ) The Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, at 7:00 P.M. on April 13, 1999. Items for consideration are listed on the attached agenda. I, John Ilasin, declare as follows: I work for the City of Diamond Bar in the Community and Development Services Department; that copies of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on April 13, 1999, were posted at their proper locations. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 9, 1999, at Diamond Bar, California. hn Ilasm Community and Development Services Dept. D.Wa&davitpostingdoc Fid M I d ning and is ready fob File ori re d by and is f a destruction by City Clerk