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HomeMy WebLinkAbout03/13/2012 PC AgendaPLANNINGFILE COPY COMMISSION AGENDA March 13, 2012 7:00 P.M. City Hall Windmill Community Room 21810 Copley Drive Diamond Bar, CA 91765 (New Location) Chairman Jack Shah Commissioner Frank Farago Commissioner Jimmy Lin Commissioner Steve Nelson Commissioner Tony,Torng Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Sar, California, during normal business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same j Next Resolution No. 2012-06 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, March 13, 2012 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ADMINISTRATION OF OATH OF OFFICE FOR PLANNING COMMISSIONERS, ADMINISTERED BY TOMMYE CRIBBINS, CITY CLERK 2. ROLL CALL: COMMISSIONERS: Chairman Jack Shah, Frank Farago, Jimmy Lin; Steve Nelson, Tony Torng 3. REORGANIZATION OF PLANNING COMMISSION: Selection of Chairman and Vice Chairman. 4. 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 thisform is voluntary) ''There is a five-minute maximum time limit when addressing the Planning Commission. 5. APPROVAL OF AGENDA: Chairman 6. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be, removed from the agenda by request of the Commission only: 6.1 Minutes of Regular Meeting: February 28, 2012.; 7. OLD BUSINESS: 7.1 Revision to Develo ment Review No. 2006-38 and Minor Variance No 2007-06 -(Planning Case No. PL2011-387) — Resolution denying the requested revisions as directed by Planning Commission at the'February28, `2012, regular meeting. MARCH 13, 2012 PAGE 3 PLANNING COMMISSION AGENDA I 10. PUBLIC HEARING(S): 10.1 Development Review No. PL2010-191 — Under the authority of Diamond Bar Development Code Section 22.48, applicant, Fares Ennabe, is requesting Development Review approval to demolish an existing single family residence and construct a new 12,890 square -foot single-family residence on a 2.36 gross acre (103,672.8 square feet) lot. The lot is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. Project Address: 1524 Derringer Lane Applicant: Fares Ennabe 1524 Derringer Lane Diamond Bar, CA 91765 Environmental Determination: The City has determined that this projectis exempt from the provisions of the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEAQ, pursuant to Article 19 under Section 15303 (new construction) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Development Review PL2010-191 based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution 10.2 _ Development Agreement Amendment No. PL2011-57 - Under the authority of DiamondBar Development Code Section 22.62, applicant and property owner, JCCL South Pointe West, LLC, is requesting approval to extend the expiration date of the 'existing development agreement between the City of Diamond Bar and JCCL-South Pointe West LLC. 'South Pointe West is a 99 - unit single family residential condominium project comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue and west of Brea Canyon Road. The original development agreement was approved by City Council on March 20, 2007, and went into effect on April 19, 2007, and is set to expire on April 19, 2012. The proposed amendment extends the Development Agreement by another five (5) years to April 19, 2017. Project Address: The project site is located south of Larkstone Dr., east of Morning Sun Ave.,; west of Brea Canyon Rd., and northwest of Peaceful Hills Rd. MDRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 28, 2012 a CALL TO ORDER: Chairman Shah called the meeting to order at 7:03 p.m. in the City Hall Windmill Room, 21810 Copley Drive,Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Lee led the Pledge of Allegiance. ROLL CALL: Present: - Commissioners Jimmy Lin, Steve Nelson, Tony Torng, Vice Chairman. Kwang Ho Lee, and Chairman Jack Shah Also present: Greg Gubman, Community Development Director; Bradley Wohlenberg, Assistant City "Attorney; Natalie Tobon, Planning Technician; Raymond; Tao, Building Official; Kimberly Young, Associate Engineer, and, Stella; Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of January 24, 2012. C/Torng moved, Chair/Shah seconded, to approve the Minutes of the Regular Meeting of January 24, 2012, as amended. Motion carried by the following' Roll Call vote: AYES: COMMISSIONERS: Lin, Nelson, Torng, Chair/Shah NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Lee ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Code Amendment No. PL2011-454 Under the authority 'of Diamond Bar Municipal Code (DBMC) Section 22.70 this was a request 4 AD t�� lF FEBRUARY 28, 2012 PAGE 3 PLANNING COMMISSION PT/Tobin presented staff's report and recommended _Planning Commission approval of Conditional Use Permit No. PL2012-08, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lin asked for clarification of Condition 4. CDD/Gubman stated that the approval resolution includes the operating conditions- by which the applicant must abide and, approves, by reference, the plans that were submitted depicting how the business operation would be laid out in that particular tenant space. By approving this condition the Commission is limiting the number of students, the hours and other operating parameters' for this use. If the applicant or the successor is found to violate any of the conditions they are 'potentially subject to Conditional Use ; Permit revocation. Under the project description submitted by the applicant staff foundthat there is 'sufficient parking to satisfy the. parking demand CDD/Gubman recommended that the Commission generated by this use. strike Condition 4 and renumber the rest of the conditions in the Resolution because he concurred that this condition as written may be vague and ;perhaps somewhat unnecessary because there are other ` provisions in the Municipal Code where staff could bring this matter back , to the Commission should staff find that this use creates a nuisance or some other land use impact. ACA/Wohlenberg stated that once a Conditional Use 'Permit has been issued and the applicant has expended the money and effort to construct' their business and begin operating, Conditional Use Permits essentially vest at that point. Once that has happened, the City cannot merely revoke a Conditional Use Permit without a hearing. If there were a violation of the City's parking standards, it would be something staff would have to schedule for hearing and notice the applicant. PT/Tobin responded to VC/Lee and pointed to the non load bearing walls on the overhead stating they are within the locker room. The area where the students will be practicing is a different area which she pointed out on the PowerPoint. BO/Tao responded to C/Lee that the wall to the left of the locker room is shown incorrectly on the plan. Generally, these small tenant spaces consist of -non-bearing walls. When staff visits the site that will be verified FEBRUARY 28, 2012 n D R AFT PAGE 5 PLANNING COMMISSION unable to render an unbiased decision. That said, it is a frequent practice for office holders to choose to recuse themselves from a matter in order to avoid any appearance of impropriety. C/Lin said that Item 7.3 was a fairly significant item and for the Commission to discuss and felt it would warrant a conclusion from the entire Commission. Chair/Shah said he appreciated C/Lin's concerns and felt he was honor bound to recuse himself and believed the Commission would make the appropriate decision. C/Torng suggested to staff that it might be appropriate for another Commissionerto assume control of the meeting in place of VC/Lee since he will be leaving the Commission and would not be available to participate in the discussion should Item 7.3 be continued. ACANVohlenberg responded that since VC/Lee-is the Vice Chairman he would normally be the person to receive the gavel in the absence of the. Chairman. The Planning Commission will be reorganized' and there could be a' change at that point anyway. The decision on who, should chair the rest of the meeting is a parliamentary issue which resides` with the Chairman and is not open to a vote of the Commission. Chair/Shah passed the gavel to VC/Lee and left the meeting at 7:35 p.m. 7.3 ' Revision to Development Code Review No. 2006-38 and Minor Variance No 2007-06 (Planning Case No PL2011-387) — Under the authority of DBMC-Section 22,66.060, applicants Pete Volbeda and Sam Bhogal as well as, property owner Paul Ghotra requested approval for revisions to the height of the building pad and finished grades for a new single family residence approved by the Planning Commission on July 24, 2007. The subject property is zoned Rural Residential (RR) with an underlying General Plan Land Use designation of Rural Residential. PROJECT ADDRESS'. 22909 Ridge Line Road Diamond Bar, CA 91765 PROPERTY OWNERS: Paul Ghotra 1241 S. Grand Avenue' -Diamond Bar, CA 91765 APPLICANTS: Pete Volbeda 180 N. Benson Avenue, Suite.D Upland, CA 91786 And Sam Bhogal 23415 Pleasant Meadow Diamond Bar, CA 91765 RAF FEBRUARY 28, 2012 PAGE 7 PLANNING COMMISSION C/Lin said he observed the property line between the subject property and property to the south has a trench that has been dug. Abutting the trench there is a stair that was constructed from the neighboring property that immediately abuts the property line. The landing goes nowhere and said he was curious why that was constructed. With respect ,to whether this project interferes with the neighboring property and the neighbor said he was opposed to the height and was curious why two feet would suddenly make a difference and the potential impacts to resale of the property. Does staff have sound statistics that a two -foot higher wall would affect those two questions the Commission is asked to consider. CDD/Gubman responded to the two -foot height concern by setting up the "projection screen to show the neighbor's property and proposed new residence. The blue line shows the proposed new finished floor elevation for the new pad. A two -foot differential from this perspective does not appear to be much of a difference The question is whether it, is a serious enough differential to ` place it in the negative column. Looking at the record of the original approval there was no discussion that where the proposed elevations were on the original plan pushed the project to the acceptable threshold. There is nothing in the previous approval that says that at a certain height the wall becomes intolerable. He has only the response from the HOA and from the neighbor that they find this change to be objectionable and based on that controversy he made the determination that this is a decision that should not be relegated to staff making an; over, the counter decision but that it was an important decision that needed to come back to the Planning Commission for; full discussion. To the second question about Finding #5 and whether there is any tangible evidence about how this affects property values, the affect on property values is generally too speculative to make a decision on whether the findings can be made. C/Lin asked if the Commission is today considering this as a new application due to the revision or is the Commission considering this application relative to its original approved plan.' CDD/Gubman responded that under the Development Code this application can be considered a revision to something that was previously approved. It not regarded as a "new' project. -C/Lin asked if it was true that any decisionthisbody makes must take the original approval into consideration and CDD/Gubman responded yes. Staffs advice is for the Commission to revisit the findings that were made when; the project was 'originally approved in light of these changes and determine whether those original findings still track with the proposed' changes or with the changes in combination with the efforts the applicant proposes to mitigate the raised pads would potentially create. ACA/Wohlenberg said that in the end, the Commission's decision will stand on its own and the facts in the record. FEBRUARY 28, 2012 PAGE 9 PLANNING COMMISSION VC/Lee said the Commission must comply with the law and wanted to make sure the City did not have a "view easement" or an "air easement" and CDD/Gubman responded that VC/Lee was correct. C/Nelson wanted to know how this happened. C/Lin asked BO/Tao about the recent changes. BO/Tao responded that since June 30, 2011, modifications that have occurred were in relation to getting the project closer to the original approval. Staff requested, the applicant to lower the wall and bring it back to closer to the original approval and subsequent to that, the survey was done by the HOA which indicated that there were even more discrepancies. BO/Tao reiterated to C/Torng that the project currently does not meet the code and cannot unless it is modified. The lower slab has already been poured but it has to be brought down. C/Torng asked BO/Tao if the CUP approval would satisfy the code and meet the development code. BO/Tao said the project could technically meet the development code but it would not be in compliance with the original plan. VC/Lee asked if based on her professional opinion, AE/Young felt an eight -foot retaining wall was safe. AE/Young deferred to the Building Official because retaining walls are 'reviewed by the City'sBuilding Department. BO/Tao said the City typically does not allow standard details. There is a detail on the original plans for a maximum nine foot tall retaining wall so anything beyond that was not designed appropriately. VC/Lee opened the public hearing. Pete Volbeda, applicant, said this project is on hold due to a surveying error and the applicant had no reason to question his survey. It was not the applicant's intent to raise the pad by two feet. In fact, the HOA found the error by hiring another surveyor. Original' approval was received for this house in 2007 and many lots on Ridgeline are steep and do not have usable rear yards. At that time, the applicants and property owner were encouraged to find more of a usable rear yard and that was the reason there was a front yard reduction of 24 feet granted which would allow the project to increase the rear yard. In addition, with the variance, the project was allowed to raise the walls from four to six to eight feet high to accommodate a larger usable 'rear yard. The photos look bad because the walls are not stuccoed to match the house and there are not plantings to screen the walls. But once the work is completed they will dissolve into FEBRUARY 28, 2012 PAGE 11 PLANNING COMMISSION become aware of it from the wall contractor. C/Nelson asked if the general contractor was present. Sam Bhogal, contractor, said he lives in "The Country Estates and has built homes therefor many years. It is nice that the Commission is asking questions to make the right decision.It is good that this picture has been taken and that C/Lin is concerned and answering questions. The wall is too big and it was a mistake made by his sub -contractor. As soon as he found out that his sub -contractor made a mistake the wall was removed right away. He does not intend to build anything wrong. If the entire house is built two feet higher than what was approved what would it benefit the owner? In "The Country Estates" there are 700 lots and houses and out of those 700 about 20percent of the houses are 20 feet higher than the street or lower than the street and how would a house that I two feet up or down affect the neighbors negatively? But if the neighbor wants to complain and hurt the job, this house was never built until now and he has been living there for 15 or 20 yearsandhe feels the side lot elson explained to Mr. Bhogal that it does, make a should be empty. in difference.' First, if you are the next door neighbor, two feet higher creates Second, the: wall and pad were constructed in more of a shadow effect. spite of the City's conditions and if this Commission sets a precedent for: rybody will start to feel that it is easier to allowing this to happen then eve request forgiveness than to play by the rules. Third, as CDD/Gubman pointed out to him several weeks ago, even though the commission does not need to consider the HOA's feelings in its decision-making, they represent the community and this Commission's primary charge is to serve the community; and to do what is right for the, community. So, the contractor telling him that it does not make any difference does not compel him to override the feelings of the community and the fact that the conditions of approval were violated. VC/Lee said that C/Nelson` has pointed out so many things the <commissioner's value. This is a community that pursues common interests in spite of the City not having a view easement. Subcontractors must comply. Subcontractors are under the authority of the general contractor and must comply with the regulations no exceptions. Mr_ Bhogal has presented himself as a professional and is trying to blame his subcontractor for making a mistake which; is unacceptable. Surveyors are professionals and whereas a two inch tolerance might be acceptable, two foot mistakes are not acceptable. VC/Lee advised Mr. Bhogal to ' because a two -foot mistake by professionals is not accept responsibility acceptable. Mr. Bhogal said that he builds long walls' and even the City inspector did not catch this error. VC/Lee reminded Mrr, Bhogal that it was O RAF FEBRUARY 28, 2012 PAGE 13 PLANNING COMMISSION Commission has been provided evidence of the wall markings indicating the amount by which the walls exceeded what was approved. So if the Commission compares the diagram to what was originally approved, it will see that the amount of feet by which the walls, exceed the approvedheight and the amount they 'need to be cut to the height originally approved. Many areas were actually graded to the height they would have been graded if the walls had been built to the proper according to the plan. The issue is not just a two -foot error at the very top.There are 3.43 and 4.18 foot errors. "The Country Estates" homeowners take their plans to the HOA to determine and when the HOA sees a plan that shows a four -foot retaining wall and a three-foot retaining wall and a two -foot retaining wall it is easy for the members to sit back and say it seems like it is going to be okay and in good faith the HOA assumes the owners are not trying to misrepresent their project and the HOA members assume that the City is acting according to regulations. So when a project suddenly turns into a twelve foot wall here, a fourteen and one-half, foot wall there and so forth, what there is, is not atwo-foot>error, it is a major differential. The before picture Mr. Madanat provided shows what the property looked like before' any work was done' by Mr.. Bhogal. The after picture _taken by Mr. Madanat this afternoon shows the dramatic effect of the construction. The pad was engineered to sit higher than the roofline of Mr. Madanat's` house. The plan provided to the Association shows a three-foot, four foot and two -foot retaining wall and does not represent that the pad would turn into what it has become. He summarized by stating that he believed the applicant had broken the law and compromised the neighborhood and the City. He recommended that the Planning Commission deny the requested revisions. VC/Lee asked if Mr. Madanat had any proof that the applicant broke the law. Mr. Madanat reiterated the blatant disregard for city codes, regulations and ordinances and the fact that the contractor is not and was not licensed. C/Lin asked Mr. Madanat if he knows for a fact that the general contractor does not have a contractor's license and Mr. Madanat deferred to staff. VC/Lee asked if the City has a way to verify whether a contractor is licensed and ACANVohlenberg responded that the City has general rules that anyone' operating a business within the City has to comply with all applicable law. Enforcement of the contractor licensing and standards is handled at a state level and generally, if there is a state or federal law being broken the City does not have an independent criminal authority to enforce that. h �T FEBRUARY 28, 2012 PAGE 15 PLANNING COMMISSION reason for Mr. Ghotra to do what he has done. His property is the same elevation as the speaker and he could have gone down 10 feet and had a gorgeous home. He asked for everyone to be reasonable and play by the rules. For Mr. Ghotra to claim he does not have the money is not an accurate statement. RECESS: VC/Lee recessed the meeting at 9:07 p.m. RECONVENE: VC/Lee reconvened the meeting at 9:15 p.m. C/Lin said that. Mr. Madanat's speech was very compelling but based on C/Lin's assessment is that if the house is built according to plan, Mr. Madanat would still. have shadows in his sunroom. However, the approved plan does not dismiss the fact that the approved plan was violated. But as it stands, if the project is built as approved it will still be in the shadow of the house. Agop Calliene, designer and contractor, asked CDD/Gubman if he could show the picture of the cross section._ Mr. Eckert is a good engineer and does not know what happened. The dark area is filled .with excess soil and they, could have cut and filled and these problems would have been avoided. Unfortunately, it is done. C/Torng asked staffto provide the Commission with a scale of the; approved plan versus the current status, especially at the lower end. Also, he wants to see if the retaining wall in the approved plan is that high and whether the current proposal will resolve the issue. He understood the neighbors were suffering as a result of this project but hope that staff can communicate with Mr. Madanat and the builder to understand how they can reach a mutual understanding about the, project. He would like to have this be a win-win situation for both neighbors. As a last resort, the applicant would have to redo the project according to the original plan but that has not yet been decided and hoped that all parties could reach a conclusion that would resolve this matter. C/Nelson said he too would like to see a mutually satisfactory conclusion to this dilemma and was not sure that would happen. He thinks the Commission is held to a standard and that standard would be grossly ner to the conditions that were set violated if it did not hold a property ow forth when the project was approved. It is almost irrelevant to him whether this was an "error" or not. The responsibility does not lie on the applicant's neighbors to accommodate the mistake, theresponsibility lies with the property owner. And if the mitigation does not resolve the matter, he will FEBRUARY 28, 2012 PAGE 17 PLANNING COMMISSION ; for the changes of the project cannot be made and continue the matter to March 13, 2012, and direct staff to prepare a resolution for denial; 2) to determine that the findings can still be made in the affirmative; continue the matter to March 13, 2012, and direct staff to prepare a resolution for approval; and, 3) continue the matter to a later date for further information. ACA/Wohlenberg stated that because the Commission isdealing with ha ..findings b the Commission. 'ndm fi at requires .factual g Y_ decision th wanted to walk through the issues to make certain the Commission is properly following all of the issues in the Code that are required by law. The staff report discusses how staff determined that this was a major change to the existing entitlement based on the criteria contained in the Municipal Code Section 22.66.020 and what that says as contained ned by within the staff report is that those kinds of changes can only be app in this case the Planning Commission, through a new review authority t entitlement. application or modification < process in compliance with the what the Development Code says in that regard Development Code. And (Section 22.52.040)as to findings and decisions as part fbte approval process, is that a Minor Variance app modified, conditioned or disapproved by the Director (so the Director has exercised his ability to send the matter forward to the Planning Commission) unless all of the following findings can be made.- One of the questions from C/Lin was, whether this was a new decision or a modification. ` The Code does not really differentiate between a new decision and a modified decision. If there is a modified decision the Commission still has to make all of, the findings that are required by the Code which again, are all discussed in staffs' report. It is common (also discussed in the Commissioner's Handbook) that when the Commission has'a factually ,intensive decision, like this the Commission makes a tentative decision and then directs staff to prepare a formal written set of findings and decision for the Commission to adopt at a later meeting as CDD/Gubman stated. If the Commission has any facts or issues that it wishes to add to the discussion tonight to make surefthose ccan b ss ones e taken into account to create the findings in Supp of decision, please make sure each Commissioner has placed those comments into the record or emphasize those: to staff so that when staff prepares the decision it will properly reflect the Commission's findings and conclusions. From what he has heard so far it sounds like the Commission is leaning toward being unable to make the Finding #2 and Finding #5 that are discussed in the staff report. Finding #2> is "will the design and layout of the proposed development not interfere with the use and enjoyment of neighboring existing and future development and will it not enjoy tent or pedestrian hazards" and he wanted to make sure that FEBRUARY 28, 2012 PAGE 19 PLANNING COMMISSION VC/Lee thanked staff for their support and his colleagues for their support as well While he has truly enjoyed his time with the Commission he has other things to pursue and we will meet in another time and place. 9. STAFF COMMENTSIIN FORMATIONAL ITEMS: CDD/Gubman stated that for the March 13 meeting which will be held in the Windmill Room, there are three agenda items: 1) Resolution for Denial for Item 7.3 that was heard this evening; 2) Development Code Amendment cleanup; 3) seat the new Planning Commissioner and have a reorganization of the Planning Commission. CDD/Gubman, on behalf of staff, thanked Commissioner Lee for his years of service to the Planning Commission and the City. CDD/Gubman said he enjoyed working with CommissionerLee and enjoyed being challengeded by Commissioner - Lee with tonight being no exception, and for his finale Commissioner Lee went out with a bang! CDD/Gubman said he was very impressed this evening with VC/Lee's management of item 7.3. 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Shah adjourned the regular meeting at 9:15 P.M. The foregoing minutes are hereby approved this 13th day of March, 2012. Attest: Respectfully Submitted, Greg Gubman Community Development Director Planning Commission Chairman �illr, PLANNING C®MMISSI® Y AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 _ TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.1 MEETING DATE: March 13, 2012 CASE/FILE NUMBER: Development Review No. PL 201.1-387 PROJECT LOCATION: 22909 Ridge Line Road, Diamond Bar, CA 91765 (APN 8713-005-006) PROPERTY OWNER: Paul Ghotra 1241 S. Grand Avenue Diamond Bar, CA 91765 APPLICANTS: Pete Volbeda Sam Bhogal 180 N. Benson#D 23415 Pleasant Meadow Upland, CA 91786 Diamond Bar, CA 91765 On February 28, 2012, the Planning Commission held a public hearing regarding a request to approve revisions to a new single-family residence that was approved by the Planning Commission on July 24, 2007. The Planning Commission took public comment, discussed the matter, and directed staff to prepare a resolution for denial. Staff recommends that the Planning Commission adopt the attached Resolution denying DevelopmentReview No. PL 20,11-387 based on the findings -contained therein. Natalie Tobon Greg Gubman, AICP Planning Technician Community Development Director PLANNING COMMISSION RESOLUTION NO. 2012 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY DIAMOND - BAR, CALIFORNIA ("CITY"), DENYING DEVELOPMENT REVIEW AND MINOR VARIANCE NO. PL 2011-387, A REQUEST MODIFY A PREVIOUSLY APPROVED SINGLE-FAMILY RESIDENTIAL PROJECT _(DEVELOPMENT REVIEW NO. 2006-38), BY INCREASING BUILDING PAD AND FINISHED GRADE' ELEVATIONS ON A' LOT LOCATED AT 22909- RIDGE 'LINE ROAD, DIAMOND BAR, CA 91765, AND FURTHER IDENTIFIED ASSESSOR'S PARCEL NUMBER 8713- 005-006 ("PROJECT SITE"). THE PLANNING COMMISSION DOES RESOLVE AS FOLLOWS: A. THE PLANNING COMMISSION FINDS AND DECLARES THAT: 1. On July 24, 2007, the Planning Commission approved Development Review No. 2006-38 for an 11,321 square -foot, three-story residence, and Minor Variance No. 2007-06 to reduce the front setback to 24 feet (30 feet is required in the Rural Residential zoning district) and increase the height of the proposed retaining walls to 8 feet (6 feet is the maximum height allowed by the Development Code) on the Project Site, as depicted on the preliminary grading, site, landscaping and architectural plans on file with the City's Planning Division ("Project"): 2. On August 13, 2008, the City approved the grading plan for the Project. 3. On August 25, 2008, the City issued a grading permit authorizing earthwork to commence on the Project Site as prescribed by the approved grading plan. 4. April- 26, 2010, the City issued a building permit' authorizing the. construction of the Project's retaining walls. 5. On October 11, 2010, the Project's engineer of record at the time, Gerald E. Ronnebeck (R.C.E. 42853, exp. 3-31-12) certified the rough grading elevations and retaining wallsonthe Project Site to be in compliance with the elevations prescribed on the approved grading plan. 6. On November 15, 2010, the City's Public Works Inspector ("Inspector") inspected the rough grading conditions and related documentation pertaining to the project site, including, among other things, the rough grading certification letter from the Project's engineer of record. The Project "passed" the rough grading inspection on ,the basis of the 1 B. FACTUAL FINDINGS AND CONCLUSIONS: Based upon substantial evidence in the administrative record, the Planning Commission finds as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in Part A of this Resolution are true and "correct. 2. Pursuant to Section 22.48.040 of the Diamond Bar Municipal Code, the Planning Commission makes the following findings and conclusions regarding Development Review and Minor Variance No. PL 2011-387: a. The design and layout of the proposed development are consistent with the General Plan, development standardsof the applicable zone district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevard or planned developments.) The proposed single-family residence and accessory structures are consistent with the RR zone's' Development Standards and the City's Design Guidelines. In addition, the proposed project with the original conditions of approval placed on Development Review No. 2006 38 and Minor Variance No. 2007-06 is consistent in terms of mass, scale and appearance of the surrounding single-family' dwelling units. b. The design and `layout of the proposed development will interfere with the use and enjoyment; of neighboring existing or future developments. In order to establish the pad elevations originally approved for the Project, a series of fill -supporting retaining walls are required to create terracing that incrementally builds up to the pad elevations. The consequence of raising the main floor and basement level building pads by approximately two feet—as contemplated by the requested Project Revisions—is that the terraced retaining wails and their abutting finished grades must also be raised to meet the pad elevations_ Because constructed slopes may not exceed 2:1, an additional retaining wall would have to be constructed to splice the vertical gap in between the approved and proposed grades. Among the locations that these elevated grades and retaining walls would begin to . ascend is the area commencing' at the common property line between the Project Site and the neighboring, downslope property at 22835 Ridge Line Road. In this location, the retaining walls and constructed slopes would run parallel to this 3 The denial of this application will not have a substantial adverse`;. impact > on the environment and is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15270 (Projects Which are Disapproved) of the CEQA Guidelines. C. DENIAL. Based on the findings and conclusions set forth above; the Planning Commission cannot make all of the findings required by Diamond Bar Municipal` Code section 22.48.040 and hereby denies Development Review and Minor Variance No. PL 2011-387. 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: Paul Ghotra;1241 S: Grand Avenue, Diamond Bar, CA 91765 Pete Volbeda,' 180 N. Benson, #D, Upland, CA 91786; and Sam Bhogal, 23415 Pleasant Meadow, Diamond Bar, CA 91765. D. RELIANCE ON RECORD. Unless otherwise provided, each and every one of the findings and conclusions in this Resolution are based on the competent 'and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and conclusions constitute the independent findings and conclusions of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole. Unless otherwise provided, all summaries of information in this Resolution are based_ on the substantial evidence in the record. The absence of any particular fact from any such summary isnot an indication that a particular finding is not based in part on that fact E. Any legal challenge to the decision of the Planning Commission made as a result of the public hearing on this application, after a formal appeal to the City Council in accordance with the Diamond Bar Municipal Code; must be filed within the time limits set forth in the Code of Civil Procedure. Any person wishing, to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City at or prior to the public hearing. 5 -r. 1:11", PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NO. 9.1 MEETING DATE: March 13, 2012 CASE/FILE NUMBER: Development Code Amendment No. PL2011-454 PROJECT LOCATION: Citywide APPLICATION REQUEST: To amend the following sections of Title 22 of the Diamond Bar Municipal Code: 22.10.030 Tables 2-5 and 2-6; 22.16.060(1); 22.22.100(a); 22.22.100(a); 22.22.120(a)(1); 22.38.030; 22.36.130 Table 3-14; 22.34.030; 22.42.060(2)0); 22.42.100(1); 22.42.100(c); 22.42.130; 22.68.030; and 22.80.020 APPLICANT: City of Diamond Bar Community Development Department Summary The City of Diamond Bar's Development Code (Title 22 of the Diamond Bar Municipal Code) became effective in December of 1998. Through routine implementation of the Code, it becomes evident that amendments are needed from time to time to better serve the City, residents and the development community, or to comply with changes in State law or case law. Staff is recommending adoption of an omnibus ordinance that amends several sections of the Development Code as part of this a periodic "cleanup" effort. Making these relatively straightforward and simple changes will improve the Code, and allow it to better serve the City's residents, development community, and City. After holding the public hearing, staff recommends that the Planning Commission adopt the attached resolution recommending the City Jouncil approve Development Code Amendment No. PL2011-454 by adopting the attached ordinance. Table 2-5—Office Zoning Districts LAND USE OP 013(3) Co Personal services – Acupressure, CUP& CUp� CUPS ,nacsa ve theranv. tattoo parlors Districts LAND USE C-1 C-2 I C-3 Personal services –Acupressure, CUPW CUP( CUP[6� massaue theranv. tattoo parlors " Notes: 6) lWassa e businesses or establishments that are sole nro�rietorships where ole t roz�r fetor is cerfified by the Cahforaia Massage Theranti Counctt the s /CALITL and rnassa e businesses or establrshrnents that em.z�loy or use onto persons certified bti the CAMTC are permitted uses that do not reauir e a �nrouat of conditional usep.rmit. Discussion: California Senate Bill 731 (2009) created a new agency, the California Massage Therapy Council (CAMTC), which provides the massage therapists and practitioners the opportunity to obtain certification directly from the State. CAMTC certification requires candidates to fulfill specific requirements, such as a minimum amount of education and training hours, and fingerprint and background checks by the Department of Justice. Under SB 731, if a prospective or existing proprietor of a massage establishment receives CAMTC certification, the City cannot require a conditional use permit, or compliance with requirements that do not apply to other office uses, prior to granting the proprietorship a business license. Recommendation: Revise Table 2-6 to allow studios for martial arts, aerobics, dance, pilates, etc. in the C-3 zone with a conditional use permit. 4'_�_r_ n r_ r...d.., P, inlAnrhmztrial Zoning Districts I sure z-�—...,...... .....__ C-1 – C-2 C-3 I LANDUSE ff—Photograpli, portrait, CUP CUP m is, dance. creroGics. etc. Discussion: Definitions for the technical terms used in the Development Code are found under Article VI, Chapter 22.80, Section 22.80.020. The definition for "studios" is broad and includes facilities such as martial arts, dance instruction, and aerobics centers. These services are similar to those commonly available in larger fitness centers, such as LAIFitness, where martial arts, aerobics, pilates, and various other classes are offered. Given this overlap, and since health/fitness facilities are currently permitted in the C-3 zone with a CUP, it is appropriate to allow studios in the C-3 zone as well. Page 3 of 11 O:\Staff Reports-PCOCA PL2011-454 pc staff report draft 3-13-12.docx remove the encumbrance that the nonconforming status currently imposes on these existing businesses that serve and benefit the community. ARTICLE III. SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS CHAPT_ ER 22.16—GENERAL PROPERTY DEVELOPMENT AND LAND USE STANDARDS & CHAPTER 22.22—HILLSIDE MANAGEMENT 5. Recommendation: Revise Section 22.16.060(1) as indicated below Sec. 22.16.060(1). Maximum height. The height of structures shall not exceed the standards established by the applicable zoning districts in article II (Zoning Districts and Allowable Land Uses). Maximum height shall be measured from the �a J er fu fished grade adjacent to any point at each exterior wall of the structure to the highest point of the roofline, above and parallel to the a=af er- finished grade. Structures in hillside areas shall comply with the height regulations provided in section 22.22.120 (Architecture). Discussion: The existing language implies that an option exists to measure building and structure heights from either finished or natural grades, which is inappropriate. For example, if the finished grade on a building site is lower than natural grade, the above sections could be interpreted to allow excessively tall buildings and walls if their heights were allowed to be measured from the natural grade. Also, the height measurement criteria in other sections of the Code use finished grade as the baseline; the proposed strikeouts to the above sections ensure internal consistency within the Development Code. 6. Recommendation: Revise Section 22.22.100(a) as indicated below. Sec. 22.22.100(a). Access, trails, and roadways. [subsections (1) and (2)] (1) Driveway grades up to a maximum of -� 15 percent are allowed, and shall be aligned with the natural contours of the land. Proper design considerations shall be employed (e.g., vertical curbs and parking landings). Parking landings shall be utilized on all drives over ten percent grades. Zn Iaillside rlr ecs,, clrinewav grades excgeciin 15 7�ercen,t small hate aarizin _di-rti s wiih aat ., i c_._ lz! .-,,,,,nt rs,,,7o nr rs t'P,l7tl,LY'e� b7 the Cid E71 i77.eer. (2) Grooves for traction shall be incorporated into the construction of driveways with a slope of 2Dj 15 percent or greater. Discussion: The County of Los Angeles Fire Department allows a maximum driveway grade of 15 percent; the revision will ensure consistency between City Fire Department standards. Page 5 of 11 o:\Staff Reports-PC\DCA PL2011-454 pc staff report draft 3-13-12.doex CHAPTER 22.36—SIGN STANDARDS 9, Recommendation: Correct a typographical error found in Table 3-14 of Section 22.36.130 Table 3-14 Sign Class Sign Type Maximum Number dfaxdmnm Sign Area Maximum Sign ilei ht Location Requirements Lighthi - Allowed? Additio,aal Re uirements B. Multi -tenant sites shopping center 1. Center Monument 1 per street 72 36 s.f. 6 ft. Signs shall be set Yes Allowed in to other identification frontage per sign back 10 ft. fi'om property lines or addition business ultimate row line identification and shall not block signs traffic safety area Discussion: Section 22.36.030(c)(3) states that signs composed of more than one sign face shall be computed as including only the maximum single display surface that is visible from any ground position at one time. In other words, a double -sided sign which has 36 square feet per sign face (72 square feet total) is defined as a 36 square -foot sign. Table 3-14 states that the maximum sign area for a six-foot tall center identification monument is 72 square feet. This has long been regarded as a typographical error, with the actual intent for such signs to be up to 36 square feet, or half of what is currently stated in the code. e CHAPTER 22.34—PROPERTY MAINTENANCE STANDARDS 10. Recommendation: Add the following subsection to Section 22.34.030 (Single-family standards): EE ataee of paved driueway a,nd similar areas. ued surfaces visible djacent street or sidewalk shall be le,e t andtatined so as nat to thea �earance of adjacent properties. Areall be kept in a acctndition free of trash debris or racbbish girl stan,di.n. ks exceedi.n one -hal inch in width ti tit din orae -half irtn7r broken areas. Discussion: There is currently no requirement for maintenance and appearance of unsightly driveways and paved areas on single-family residential properties, even though such requirements do apply to multi -family and non-residential properties. Therefore staff recommends the addition of language to the single-family property maintenance standards to require the upkeep of driveways and other paved surfaces. The half-inch threshold for cracks and lifting is based on the City's sidewalk repair criteria. Page 7 of 11 O:\Staff Reports-PCOCA PL2011-454 pc staff report draft 3-13-12.docx 14. Recommendation: Revise Section 22.42.130(g)(3)(d) as indicated below. Sec. 22.42.130. Radio and television antennas and wireless telecommunications antenna facilities. 22.42.130(g)(3)(d) Freestanding antenna support structure setback. The setback for a freestanding antenna support structure will be no less than 15 meters (50 feet) or the height of the antenna plus 20 percent, whichever is greater, from any existing or tau e &tuE residential structure. Discussion: Correction of a typographical error. ARTICLE IV. LAND USE AND DEVELOPMENT PERMIT PROCEDURES CHAPTER 22.68—NONCONFORMING USES, STRUCTURES, AND PARCELS 15, Recommendation: Eliminate the requirement for minor conditional use permits to allow minor additions to residential dwelling units with nonconforming setbacks. Sec. 22.68.030. Restrictions on nonconforming structures. ...In the case of residential dwelling units, 4"i a ntiinor con ditiona,l use perntiit shall ,tat be required if the proposed Chan e or expansion is _united to therourtd floor and meets the ollowing criteria,: (1) 'I'he Aii addition or improvement is less than 50 percent of the existing square footage of all structures on site and lot coverage does not exceed 40 percent as listed n Table 2-4; (2) Sze A: addition or improvement conforms to all other applicable provisions of this development code; (3) The exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure); however, if the existing side yard setback is less than five feet, the exterior limits of new construction shall maintain a minimum five-foot side yard setback. Discussion: The City receives dozens of building permit requests each year for minor additions to homes that were originally built under Los Angeles County standards. In some neighborhoods, there are homes do not rneet the current minimum setback requirements. If a homeowner wishes to construct an addition along a nonconforming setback line, they must apply for and receive approval of a minor conditional use permit (MCUP). This is a somewhat costly and lengthy Page 9 of 11 oAStaff Reports-PC\DCA PL2011-454 pc staff report draft 3-13-12.docx NOTICE OF PUBLIC HEARING: Public hearing notices of at least 1/8 page display were published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on February 17, 2012, and a copy of the public notice was posted at the City's three designated community posting sites. Staff recommends that the Planning Commission adopt the attached Resolution (Attachment #1) recommending approval of Development Code Amendment No. PL 2011-454 to the City Council. Prepared by: Reviewed by: Grace S. Lee Senior Planner Attachment: Greg Gubman, AICP Community Development Director 1 f Resolution No. 2012 -XX recommending City Council approval of Development Code Amendment No. PL 2011-454 Page 11 of 11 01Staff Reports-PCIDCA PL2011-454 pc staff report draft 3-13-12.docx PLANNING COMMISSION RESOLUTION NO: 2012 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF DEVELOPMENT CODE AMENDMENT NO. PL 2011- 454 AMENDING THE FOLLOWING SECTIONS OF TITLE 22 OF THE MUNICIPAL CODE: 22.10.030 Tables 2-5 and 2-6; 22.16.060(1); 22.22.100(a); 22.22.100(a); 22.22.120(a)(1); 22.38.030; 22.36.130 Table 3-14; 22.34.030; 22.42.060(2)Q); 22.42.100(1); 22.42.100(c); 22.42.130; 22.68.030; 22.80.020. A. RECITALS 1. On February 17, 2012, notice for the proposed amendments was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation. F 2. On February 28, 2012, the Planning Commission held a duly noticed public hearing on the proposed amendment, and continued the matter to March 13, 2012. All persons wishing to testify at the public hearing in connection with said amendments were heard, said amendments were studied, and the Planning Commission closed said hearing. 3. The proposed amendments will not have a substantial adverse impact on the environment and the project is exempt from the California Environmental Quality Act (CEQA) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, pursuant to Section 15061(b)(3) of the CEQA Guidelines. 4. The proposed changes are consistent with multiple objectives and policies in the City of Diamond Bar General Plan. B. RESOLUTION NOW, THEREFORE, it is und, 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. EXHIBIT "A" AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING FOLLOWING SECTIONS OF TITLE 22 OF THE MUNICIPAL CODE: 22.10.030 Tables 2-5 and 2-6; 22.16.060(1); 22.22.100(a); 22.22.100(a); 22.22.120(a)(1); 22.38.030; 22.36.130 Table 3-14; 22.34.030; 22.42.060(2)0); 22.42.100(1); 22.42.100(c); 22.42.130; 22.68.030; 22.80.020. The City Council of the City of Diamond Bar does ordain as follows: SECTION 1. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar.Municipal Code is amended by amending Table 2-5 by adding footnote (6) under the heading "Service Uses" entitled 'Personal services—Acupressure, massage therapy, tattoo parlors," as follows: LAND USE OP OB(3) CO Personal services —Acupressure, massage therap , tattoo arlors CUPL61 CUp& CUPS (6) OP blishments that , a,re sole L31ro� Z)irietorships wherethe sole proprietor is certified by the Cah orn,i,a. Massae massage busnzesses or establishments flat employ or use only persons certiLed by the CAA TC are permitted uses that do not require approval -Of -a conditional use permit. SECTION 2. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-5 by adding "Veterinary clinics and animal hospitals" under the heading "Service Uses," as follows: LAND USE OP OB CO Veterinary clinics and animal hospitals CUP CUP CUP SECTION 3. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-6 to revise the land use provisions under the heading "Manufacturing & Processing" entitled "Recycling -reverse vending machines" and `Recycling -Small collection facility", and adding under the same heading 'Recycling -Large collection" and 'Recycling -Light and Heavy Processing (scrap and dismantling yards," as follows: grade. Structures in hillside areas shall comply with the height regulations provided in section 22.22.120 (Architecture). SECTION 8. Subsections (1) and (2) of Subsection (a) of Section 22.22.100 of Title 22, Chapter 22.22 of the Diamond Bar Municipal Code is amended by reducing the maximum permissible driveway grades from 20 percent to 15 percent, as follows: Sec. 22.22.100(a). Access, trails, and roadways. (1) Driveway grades up to a maximum of -20 15 percent are allowed, and shall be aligned with the natural contours of the land. Proper design considerations shall be employed (e.g., vertical curbs and parking landings). Parking landings shall be utilized on all drives over ten percent grade. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. (2) Grooves for traction shall be incorporated into the construction of driveways with a slope of 200 15 percent or greater. SECTION 9. Subsection (1) of Subsection (a) of Section 22.22.120 of Title 22, Chapter 22.22 of the Diamond Bar Municipal Code is amended by striking out the text "natural or" where it occurs, as follows: Section 22.22.120(a)(1). Architecture standards. The maximum structure height shall be 35 feet as measured from nam= finished grade at the front setback, extending towards the rear of the parcel. The maximum height at the side setback shall be 25 feet extending up to the center of the lot at a 45 degree angle to a maximum height of 35 feet as measured from er finished grade. SECTION 10. Subsection (1) of Section 22.38.030 of Title 22, Chapter 22.38 of the Diamond Bar Municipal Code is amended by eliminating pepper trees from the category of "protected trees," as follows: Sec. 22.38.030. Protected trees. A protected tree is any of the following: (1) Native Oak, walnut, sycamore and willow trees with a diameter at breast height (DBW of eight inches or greater; i-s,.ekc -e a#;e-; SECTION 11. Section 22.36.130 of Title 22, Chapter 22.36 of the Diamond Bar Municipal Code is amended by amending Table 3-14 by revising the maximum sign area for center identification signs for multi -tenant shopping center sites, as follows 191 SECTION 15. Subsection c. of Section 22.42.110 of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended by adding a new Subsection 4, as follows: 4. Building Height: A detached accessory structure shall not exceed ane -story or fifteen feet in height; and shall not exceed the height of the main residential structure. SECTION 16. Subsection d of Subsection (3) of Subsection (g) of Section 22.42.130 of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended by replacing the word "fixture" with "future," as follows: d. freestanding antenna support structure setback. The setback for a freestanding anterma support structure will be no less than 15 meters (50 feet) or the height of the antenna plus 20 percent, whichever is greater, from any existing or fili—ti-i—e &Lum residential structure. SECTION 17. Paragraph 2 of Subsection (b) of Section 22.68.030 of Title 22, Chapter 22.68 of the Diamond Bar Municipal Code is amended as follows: In the case of residential dwelling units, tem -Teeter i--i-a-y ap ael�ti�Qs minor conditional use neraut shall not be required if tine ronosed change or e3ansion is limited to the ground floor _and theJollowina criteria: (1) The An addition or improvement is less than 50 percent of the existing square footage of all structures on site and lot coverage does not exceed 40 percent as listed n Table 2-4; (2) The An addition or improvement conforms to all other applicable provisions of this development code; SECTION 18. Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended by revising the definitions for "Director' and "Indoor amusement/entertainment facilities," as follows: Director. Where the term "director is used in this development code, the title shall mean the dirty— zm director of the Community Development Department or designee ;ve ib1� eons�3t a� °t �s' Indoor annusennent/entertainment facilities... Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or -k�as jewer are not considered a land use separate from the primary use of the site. 5 PLANNING COMMISSION , AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 _ TEL. (909) 839-7030 FAX (909) 861-3117 AGENDA ITEM NUMBER: 10.1 MEETING DATE: March 13, 2012 CASE/FILE NUMBER: Development Review No. PL2010-191 PROJECT LOCATION: 1524 Derringer Lane, Diamond Bar, CA 91765 (APN 8713-002-027) PROPERTY OWNER: Fares Ennabe 1524 Derringer Lane Diamond Bar, CA 91765 APPLICANT: Peter W. Douglas Fung AASA 1008 S. Baldwin Ave. #B Arcadia, CA 9.1007 Summary The applicant is requesting Development Review approval to demolish an existing 4,046 square -foot single family home constructed in 1973 and construct a 12,89Q,: square foot two-story single family residence with an attached 1,318 square -foot five -car garage and detached 1,184 square foot covered pool cabana. French Provincial architecture with steep hipped roofs, The new residence reflects Fr sand an overall ba n balcony and porch balustrades, rectangular doors set in arched open) negatively affect. the b p of ne Y will n g Y residence balance and symmetry. The proposed new res compatible with the character of existing' surrounding land uses, and the design will be com p the eclectic neighborhoods in The Country Estates. After evaluating the application, staff finds that the proposed project complies with the city's development standards, and is consistent with the Development Review application set forth in the Development Code standards. Therefore, staff recommends rove Development Review No. PL2010-191, based that the Planning Commission app ct to the conditions of approval contained in the on the findings of fact, and subje attached Resolution. I ANALYSIS: Review Authorit Diamond Bar MU1111-Ml3al Code DBMC Section 22.48 The construction of a new single familyidonce requires Planning Commission approval of a Development Review (DR) app e Approval of a DR application is required to ensure compguidelines to m liance with the n m'ize adverse) -Plan policies, development standards, and design ro erties and the City in general. effects of the proposed project upon the surrounding p p Development Review The following table compares the proposed project with the City's development standards for residential development in the RR zone: Page 3 of Development Review No. PL 2010-191: tural e is a ncial n with a concrete tile Elevations: The arc th stucco aills, wrought ironrorailings and gdoors, cultured stone roof treatment, smooth Meant has veneer at the entry,. stone quoins and diamond paned windows.. The app provided color samples which call for earth -toned shades for the exterior finish to soften the building's visual impact and assist in preserving the hillside's aesthetic value. �® ®® Proposed Front Elevation the existing home on site will be demolished. The Landscaping: The landscaping forsloped area thstreet on the landscaping areurre a arolund theebuilding pad and rear yardl areatw II have newilandscalping place. The installed. The applicant indicates that over 50% of the required frontyardarea will by landscaped with plant d to srcreen theial. The walls. retaining lant typ types proposed s and p nstheson e areas and will be fully landscape throughout the front yard area are asmine and BrisbaneBoxrougBox treestolerant oAlconditio pofnappro al has been Society Garlic, Starby added requiring the avoidance of invasive species as identified W'th the h aia n wwater- Invasive' Plant Council. The project is also required to comply requirements, which is noted on the preliminary landscape plans and efficient landscape will be verified during building plan check. t "Very The subject prop eS veritis cZoneated I N1 Thereforeithin the , he proposedeles nlands apingamustncomply > High Fire Hazard Y requirements. The ted with the Fire ` pa t plat'sinF cal thaModift the fu ureation nlandscap ng will comply with tthe preliminary landscape Fire Department's regulations and guidelines. compatibility with Neighborhood The proposed projectnduseand density. ie th the goals • Thepnd bjec oje t will not negatively affect the tives as set forth in the adopted .General Plan in termsof land aof la existing surrounding land uses. Page 5 of 7 Development Review No. PL 2010-191 RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Development Review No. PL 2010-191 based on the findings in DBMC Sections 22.48; subject to conditions of approval as listed within the draft resolution: Prepared by: Reviewed by: Katherine Laufenburger Greg Gubman Senior Planner Community Development Director Attachments: 1. Draft Resolution No. 2012 -XX and Standard Conditions of Approval 2. Site Plan, Floor Plans; and Elevations Page 7 of 7 Development Review No. PL 2010-191 W111zS! PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL. (909) 839-7030 -FAX (909) 861-3117 AGENDA ITEM NUMBER: 10.1 MEETING DATE: March 13, 2012 CASE/FILE NUMBER: Development Review No. PL2010-191 PROJECT LOCATION: 1524 DerringerLane, Diamond Bar, CA 91765 (APN 8713-002-027) PROPERTY OWNER: Fares Ennabe 1524 Derringer Lane Diamond Bar, CA, 91765 APPLICANT: Peter W. Douglas Fung AASH 1008 S. Baldwin Ave. #B Arcadia, CA 91007 Summary The applicant is requesting Development Review approval to demolish an existing 4,046 square -foot single family home constructed in 1973 and construct a 12,890 square foot two-story single family residence with an attached 1,318 square -foot five -car garage and detached 1,184 square foot covered pool cabana. The new residence reflects French Provincial architecture with steep hipped roofs, balcony and porch balustrades, rectangular doors set in arched openings and an overall balance and symmetry. The proposed new residence will not negatively affect the existing surrounding land uses, and the design will be compatible with the character of the eclectic neighborhoods in The Country Estates. After evaluating the application, staff finds that the proposed project complies with the City's development standards, and is consistent with the Development Review application set forth in the Development Code standards. Therefore, staff recommends that the Planning Commission approve Development Review No. PL2010-19.1; based on the findings of fact, and subject to the conditions of approval contained in the attached Resolution. BACKGROUND: Site Description: The project site is located within The Diamond Bar Country Estates (The Country) and is located at south east corner of Derringer Land and Shotgun Lane. In 1973, the property was developed under Los Angeles County standards with a 4,046 square -foot single -story home on a 102,801 square -foot (2.36 acre) lot. The existing residence is proposed to be demolished and the new construction of a two-story residence is proposed: The property is legally described as Lot 15 of Tract No. 24046, and the Assessor's Parcel Number (APN) is 8713-002-027. Project Description The applicant requests approval to demolish an existing single family home and construct a new 12,890 square -foot two story residence with an attached 1,318 square - foot five (5) car garage and a detached 1,184 square foot covered pool cabana. The proposed height of the new residence is 35 feet and the proposed height of the pool cabana is 15 feet. The project has been reviewed and approved by The Diamond Bar Country Estates Association. Site and Surrounding General Plan Zoning and Land Uses Site- Rural Residential RR Single -Family Residential Low /Medium Density North Residential and Low Densit Residential RLM/RL Single -Family Residential/Diamond Bar Center South Rural Residential RR Single -Family Residential East Rural Residential RR Single -Family Residential West Rural Residential RR Single -Family Residential Site and Grading Configuration: The site is on an existing graded pad. Minimal additional grading will take place to accommodate the new larger home, accessory structures and uses. The bulk of the grading will be for the excavation of a new pool on the southeast rear corner of the site. The pool is proposed in an area that has a 'descending slope and is being incorporated into the slope. A tiered retaining wall is proposed to the west of the driveway, adjacent Derringer Lane to accommodate the expansion of the driveway. The first of the two retaining walls is set back 24 feet from the property line. The retaining, walls will not exceed 4 feet in height. The site steeply slopes down from the buildable pad towards both Shotgun Lane and Derringer Lane, and a descending slope exists at the southeast rear corner of the site. The average slope of the site, is 24.8%. The applicant indicates that the proposed project will require 350 cubic yards of cut, and 75 cubic yards of fill, resulting in 275 cubic yards of material to be exported from the site primarily due to the pool excavation. The site is an existing grading pad, therefore, the ability to reuse excavated material in the site is limited. Page 4 of 7 Development Review No. PL 2010-191 Elevations: The architectural style is a French Provincial design with a concrete tile roof treatment, smooth stucco walls, wrought iron railings and doors, cultured stone veneer at the entry, stone quoins and diamond paned windows. The applicant has provided color samples which call for earth -toned shades for the exterior finish to soften the building's visual impact and assist in preserving the hillside's aesthetic value. an 1-41 - - — IM Proposed Front. Elevation Landscaping: The landscaping for the existing home on site will be demolished. The landscaping currently located on the sloped area adjacent the street will remain in place: The area around the building pad and rear yard area will have new landscaping installed. The applicant indicates that over 50% of the required front yard area will be landscaped with plant material. The tiered retaining walls and slopes on the property will be fully landscaped to screen the walls. Plant types proposed in these areas and throughout the front yard area are drought tolerant non-invasive plant species such as Society Garlic, Star Jasmine, and Brisbane Box trees. A condition of approval has been added requiring the avoidance of invasive species as identified by the California Invasive Plant Council. The project is also required to comply with the new water - efficient landscape requirements, which is noted on the preliminary landscape plans and will be verified during building plan check. The subject property is located within the Los Angeles County Fire Department "Very High Fire Hazard Severity Zone." Therefore, the proposed landscaping must comply with the Fire Department's Fuel Modification Plan requirements. The submitted preliminary landscape plan indicates that the future landscaping will comply with the Fire Department's regulations and guidelines. Compatibility with Neighborhood- The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The project will not negatively affect the existing surrounding land uses. Page 5 of 7 _Development Review No. PL2010-:191 The project is designed to be compatible with the character of the eclectic neighborhoods in The Country Estates. The project incorporates the principles of the City's Residential Design Guidelines as follows: Placement and relationship of windows, doors, and other window openings are integrated with the building's overall design; The front entry is articulated through massing treatment and incorporates detailed design elements, such as stone veneer, precast concrete molding, cultured stone keystone, and a large diamond paned window above the front door; Large wall expanses are avoided; Roof type, pitch and materials are reflective of the French Provincial style of architecture Additional Review The Public Works Department and Building and Safety Division reviewed this project,' and their comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: - On March 2, 2011, public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the notice was posted at the City's three designated community posting sites: Public Comments Received At the time the staff report was published, staff had not received any comments from the public ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically- Exempt from the provisions of CEQA pursuant to the ' provisions of, Article 19 Section 15301(e.2.b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the; project is located is not environmentally sensitive) of the CEQA Guidelines. No further environmental review is required. Development Review No, PL 2010-191 Page 6 of 7. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Development Review No. PL 2010-191 based on the findings in DBMC-Sections 22.48, subject to conditions of approval as listed within the draft resolution. - Prepared by: Reviewed by: Katherine Laufenburger Greg Gubman Senior Planner Community Development Director Attachments: 1. Draft Resolution No. 2012 -XX and Standard Conditions of Approval 2. Site Plan, Floor Plans, and Elevations Development Review No, PL 2010-191 - Page 7 of 7 PLANNING COMMISSION RESOLUTION NO. 2012 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL 2010-191 TO CONSTRUCT A NEW 12,890 SQUARE -FOOT SINGLE FAMILY RESIDENCE, AND 1,318 SQUARE-FOOT`ATTACHED GARAGE, ON A 2.36 GROSS ACRE (102,801 SQUARE -FOOT) -LOT LOCATED AT 1524 DERRINGER LANE, DIAMOND BAR, CA 91765 (APN 8713-002-027). A. RECITALS 1. The property owner Fares Ennabe, and applicant, Peter W. Douglas Fung, have filed an application for Development Review No. PL 2010-191 to construct a new 12,890 square -foot single-family residence with an attached 1,318 square -foot five�car garage, located of 1524 Derringer Lane, City of Diamond Bar County of Los Angeles, California. Hereinafter in this resolution, the subject Development Review shall collectively be referred to as the "Project." 2. The subject property is made up of one parcel totaling 102,801 square feet (2.36 gross acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 3. The legal description of the subject property is Tract 24046 Lot 15. The Assessor's Parcel Number is 8713-002-027. 4. On February 17, 2012, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 1,000 -foot radius of the Project site and public notices were posted at the City's, designated community posting sites on February 17, 2012. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On March 13, 2012, the Planning Commission of the City of Diamond Bar conducted a ,duly noticed public hearing, solicited testimony from all interested individuals; and concluded said hearing on that date. B, RESOLUTION NOW, THEREFORE, it is found,determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated ;by Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan; The new single-family home is designed to be compatible with the character of the eclectic neighborhoods in The Country Estates. It is designed in the French Provincial style of architecture with neutral shades for the exterior finish to soften the building's visual impact and assist in preserving the hillside's aesthetic value. 4.1 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, color; and will remain aesthetically appealing; The design of the new single-family home is aFrench; Provincial style of architecture. Variation''in the building elements has been achieved through the utilization of varying architectural features, building materials, and landscaping. 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect 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 and Public Works Departments, and Los Angeles County Fire Department requirements. ` Through the permit and inspection process, the referenced agencies 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. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303 (a) (Construction of a New Single Family Residence) and Section 15301 (1) (Demolition of One Single Family Residence) of the CEQA guidelines. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 3 Development Review No. PL2010-191 (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding,', and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the propertyinvolved have filed, within twenty-one (21) days of approval of this Development Review No. PL 2010-191, at the City of. Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License; and a zoning,'approvalfor those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2012-xx;, Standard be included on the plans (full Conditions, and all environmental mitigations shall size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by'a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of ;Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the ,project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other, applicable regulations. 8. Approval of this request shall not waivecompliance with .all sections of the Development Code, all other applicable City Ordinances, ,and any applicable - Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape/irrigation, and roof plans, and elevation' plans shall be coordinated for consistency ;prior to -issuance of City permits (such as grading, tree removal, iencroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 E. SOLID WASTE 1. 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 approved. 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 used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this ;project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-70407 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. Applicant shall submit a legal description for Lot 15 of Tract 24046 with a plat showing the Restricted Use Area (RUA) that is proposed to be vacated based on the Geotechnical Report submitted by GeoMat;,Testing Laboratories, Inc., 2011c, Response to City of Diamond Bar Review Sheet Dated July 27, 2011, Slope Stability. Evaluation' Report, Proposed Single Family Dwelling Remodel, 1524 Derringer Lane, Lot 15 of Tract 24046, The Country at Diamond Bar, California, Project No. 11015-01; dated August 24, 2011. A Release of Covenant and Agreement to Release the Restricted Use Area shall be submitted to the City Council for approval prior to issuance of final inspection or utility release, whichever comes first. 2. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly `detailing `erosion control measures for review and approval. These m measures shall be impleented during construction. The erosion control plan Elimination System (NPDES) shall conform to national Pollutant Discharge , Best Management Practices (BMP's) standards and incorporate the appropriate as specified in the Storm Water' BMP Certification. For construction activity which disturbs .one acre or greater a Storm Water Pollution Prevention Plan (SWPPP) will be; needed. 3. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 4. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m:, Monday through Saturday. Dust generated by grading and construction activities shall be `reduced by watering 9 _ o, control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City, Engineer and a permanent irrigation system shall be installed. 10. A pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 11. Rough grade certifications by project soils and civil engineers and the as gradedgeotechnical report shall be submitted for review and approval prior to issuance' of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 12. Final grade certifications by project the civil engineer shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that, is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be, prepared, by a Civil Engineer registered in the State of California to the _satisfaction of the City Engineer and Los Angeles Public Works Department. D. OFF-SITE STREET IMPROVEMENTS (Not required) E. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s)_from the City and County Sanitation District from the Building and Safety Division. 2. Any connections to the mainline shall require a separate permit from the Public Works Department and shall be completed in accordance with the Los Angeles County. Public Works Division. G. TRAFFIC MITIGATIONS (Not required) -15 I 13. Submit Public Works Department approved, grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 14. "Separate permits are required for pool, spa, pond, fountains, BBQ areas, water "features, pool cabanas, and retaining walls" and shall be noted on plans. 15. A height and setback survey may be required at completion of framing and written foundations respectively. - The , east setback distance will require to property line and surveyed subject to documentation to verify the dimension the building inspector's discretion. 16. Prior to Building permit issuance, all school district fees must be paid. Please Division to take directly to the school obtain a form from the Building and Safety district. 17. All balconies shall be designed for 601b. live load. 18. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 19. Indicate all easements on the site plan. 20. Fire Department approval shall be required. Contact the Fire Department to If this project is located in check the fire zone for the location of your property. fire CBC High Hazard Fire Zone it shall meet of requirements of the zone per Chapter, 7A. All unenclosed under -floor areas shall be constructed as exterior wall. a. b. All openings ° into the attic, floor and/or other enclosed areas shall ,be mesh not less than 1/4 inch or more covered with corrosion resistant wire dimension except where such openings are equipped than 1/2 inch in any with sash or door. c. Eaves shall be protected. d. Exterior construction shall be one-hour or non-combustible. Fuel e. Fuel modification plans shall'` be approved through LA County Fire Modification Unit. 21. All retaining walls shall be submitted to the Building and Safety and Public Work Departments for review and approval. 22. Submitgrading plans showing clearly all finish elevations, drainage, and be issued prior to submitting a retaining wall locations. No building permits shall pad certification. 23. ` The project shall be protected by;a construction fence and shall comply with the NPDES & BMP -requirements (sand bags, etc.) 24. 'Check drainage patterns with Engineering Department. Surface' water shall drain away from building at a 2% minimum slope. . 13 ", ------------------------------------- ADJACENT PPOPERTY ADJACENT PRGPiRW DNIDNC T1 GARAQ 1 SCALE =1 " W 1'-D" BUILDING DEPT. NOTES: xfcTl` •) T i''e:ir / 16 N I. PLANS SHALL CONFORM TO STATE AND LOCAL BUILDING CODE REQUIREMENTS AND ALL OTHER 10. SEPARATE PERMITS ARE REQUIRED FOR POOLS, SPAS, POOL HOUSES, FOUNTAINS, PAP -ONS, AND APPLICABLE CONSTRVCITON CODES, ORDINANCES AND REGULATIONS IN EFFECT ATTHETI�LAN REPAINTING Wks. CHECK SUBMD`17 L (2001 CBC, CALIF.PLUMBING COOS CALIF. MECHANICAL CODE, CAJF. ELEC. CODE.) 11. A HEIGHT SURVEYMAY BE REDURIED AT COMPLETION OF FRAMING. 2 APPLICATION FOR WHICH NO PERMIT IBON,ANWITHIN 180 ANDAYSRDATVANGTHE SUBMITTED FOR 1y PRIOR TO BUILDING PERMIT ISSUANCE. WALNUT VALLEY SCHOOL DISTRICT FEES MUST BE PAID. APPLICATION SHALL EXPIRE BY THE LIMITATION, AND PLANS TRO OTHER HE BUILDING OD FOP, RENT. MAV OBTAIN A FORM FROM THE BUILDING & SAFETY DMSION TO TAKE DIRECTLY TO THE SCHOOL DISTRICT. THEREAFTER BE RETURNED TO THE APPLICANT OR DESTROYED By THE BUILDING OFPAP,TMENT. 3, E1'ERY PERMIT ISSUED BY TEH BUILDING DEPARTMENT SHALL EXPIRE IF THE BUILDING OR WORK AUTHORIZED BY SUCH PERMIT IS 14M COMMENCED WIIN 180 DAYS FROM THE DATE OF SUCH PERMIT. 4. CONSTRUCTION ACTMTIES CAUSING THE OPERATION OF ANY TOOL$ OR EQUIPMENT USED IN CONSTP,UCTION, DRILLING, REPAIR, ALTERATION, OR DEMOLITION WORK SHALL BE CONDUCTED MON: SAT. BETWEEN THE HOURS OF 7:00AM ADN MOPM. 5. OCCUPANCYOFTHE FACILITIES SHALL NOT COMMENCE UNTIL SUCH TIME AS ALL UNIFORM BUILDING COOP AND STATE FINE MARSHAL REGULATIONS HAVE BEEN MET. THE BUILDINGS SHALL BE INSPE'-TET1 FOR COMPLIANCE PRIOR TO OCCUPANCY. B, THE MINIMUM DESIGN LOAD FOR WIND IN THIS AREA IS 85 M.P.H. EXPOSURE'C AND THE SITE IS WITHIN SEISMICCATEGORY(G). THEAPPLICANTSHALL SUBMITOP,AWINGS AND CALCULATIONS PREPARMBY A CALIF. STATE LICENSED ARCHITECTIENGINEER WITH WEi STAMP AND SIGNATURE, 7. THIS PROJECT SHALL COMPLY WR1171HE Me ENERGY CODE REQUIREMENTS OFTHE STATE OFCALIF. ENCERY COMMISSION. KITCHEN AND BATHROOM LIGHTS SHALL BE FLUORESCENT, B. IN ORDER TO ACCURACY MOND-GRAND REPORT ALL CONSTRUCTION AND DEBRIS GENERATION AND DIVERSION AMITIES, ALL MATERIAL MUST BOTH BE HAULED AND PROCESSED BY A CITY FRANCHISED CONTRACTOR OR BY LICENSED DEMOU71ON CONTRACTOR SUBJECT TO COMPLIANCE WITH SPECIFIC PrRMiTNNG AND REPORTING REOUIREtdENB. SOUTHERN CALIF. AIR QUALITYMANAGEMENT DISTRICT (AOMD)APPROVAL/CLEARANCE WILL BE REQUIRED PRIOR TOTHE ISSUANCE OF ADEAIOLITION PERMIT. CONTAGTAQMDAT(SM)367-2327. 9. SUBMIT PUBLIC WORKS DEPT, APPROVED GRADING PLANS SHOWING CLEARLYALL FINISH M- VATONS, DRAINAGE, AND RETAINING WALLS LOCATIONS WALNUT VALLEY S"HOOL DISTRICT: SW S. LEMON AVE, WALNUT, CA 91789 TEL. (809) 5951261 13 GUARDRAILS SHALL BE DESIGNED FOR 20 LBS.LOAD APPLIED LATERALLY AT THE TOP OF THE RAIL. 14. ALL OPENINGS INTO THE ATTIC, FLOOR AND/OR OTHER ENCLOSED AREAS SHALL BE COVERED WITH CORROSION -RESISTANT WIRE MESH NOT LESS THAN lie OR MORE THAN I2 IN ANY DIMENSION EXCEPT WHERE SUCH OPENINGS ARE EOUIPPED WITH SASH OR DOOR 15. ALL RETAINING WALLS SHALL BE SUBMITTED TO THE BUILDING 8 SAFETY, AND PUBLIC WORKS DEPT. FOP. REVIEW AND APPROVAL 16. SUBMITGRADINS PAWS SHOWING MEARLYALL FINISH ELEVATIONS, DRAINAGE, ANDRETAININGAAL LOCATIONS. NO BUILDING PERMITS SHALL BE ISSUED PRIOR TO SUBMITTING A PAD CERTIFICATION. IT. THE PROJECT SHALL BE PROTECTED BY A CONSTRUCQDN FEI4CE AND SHlLL COMPLYI TH THE NPDES & BMP REQUIREMENTS (SAND BAGS FOR EROSION CONTROL ETC.) 1& CHECK DRAINAGE PATTERNS WITH ENGINEERING DEPT. SURFACEWATER SHALL DRAINAWAY FROM BUILDING AT A 2% MIN, SLOPE 19. SPECIFY LOCATION OFTEMPEREED GLASS AS REQUIRED BY CODE ON CONSTRUCTION DOC.) 20. SPECIFY 1/4'x. SLOPE FOR ALLFVS SURFACESIDE_CKS 4VI1F1 APPROED WATER PROOFING MATERIAL ALSO, PROVIDE GUARDRAIL CONNECTION DETAIL 0HE101-T,SPACING, ETC.) 21, PRNATE PROPERTY SEAcR'SEPRC $YSTEPA SHALL OEAPPROVED BYTJ- LOS ANGELESCOUNTY HEALTH DEPT. AND THE CALIF. WATER CONTROL BOMIM FIRE DEPT. NOTES : 1. EMERGENCY ACCCESS SHALL Be RPOVIDED, MAINTAINING FRMAND CLEAR, A MIN. 26 FT. AT ALL TIMES DURING CONSTRUCTION IN ACCORDANCE WITH FIRE DEPT. REQUIREMENTS, 2. PRIDR TO THE ISSUANCE OF ANY BUILDINS PERMITS FOR COMBUSTIBLE CONSTRUCTION, EVIDENCE SHALL BE SU8MRTED TO THE FIRE DEPMOMENT THAT TEMPORARY WATER. SUPPLY FOR FIRE PROTECTION IS AVAILABLE PENDING COMPLETION OF TEH REQUIRED FIRE PROMCT )N SYSTEM 3. ALL REQUIRED FIRE HYDRANTS SHALL BE INSTALLED AND TESTED AND ACCEPTED PRIOR TO CONSTRUCITON. VEHICULARACCESSMUSTSE PROVIDED AND MAIMAINED SERVICEABLE THROUGHOUT CONSTRUCTION. PROJECTADDRESS: 1OM DERRINGER LANE DIAMOND BAR, CA 91765 LEGAL DESCRIPTION: TRACTN0:24W LOTAB ASSESSOR ED NO: 9713-002-027 OWNER: FARES ENRAGE 1524 DERRINGER LANE DIAMOND BAR, CA VIM PHONE:21s336.2158 FAX :2133913,2194 EXISTING STRUCTURE MnE UP1Iom eo DWE1JNGAREA:4,W65F YEAR,SUILD : 1073 PROPOSED DWELNO AREA 12.893 SF GARAGEAREA 1,3135, CD%`GRM PORCH 430 OF POOLCASANA 11_ MSF TOTAL.M%EREO'. I&8?2 SF LOT SIZE 236 ACRE CORMS) P.ESRICTEDUSE 0.30AC (13,MSSF) STREET EASEMT. 0.70 AC NETLOTAREA" 135AC (90,113SF) LOT00%E ,,AGE: 1fid72 f?3.1813, ON..LD. P.Ut =21.69 A (LOT COVERAGE 15 6hsEO LOT NREM 114,Y W LNG RESTRICTED USESiTh^,ETHE AR'cAISNOW JSABLE AFTER NEL'] GEOLO3ICAL REPJRTANDALSO FOR D'J-JSItt CALCULATION AND AR A. L OPENSFACESHMAD U PART OF THE LANDAREA LANDSLUDE AS $SJOH CAS OVEFILION,OAMIE ETC.ISWIXUDED AS ICT CA1 SAGE IMPROYE0.f EtdTS.) BUILDING CODE ANALYSIS: TIDE OF CONSRUCTON: ME V44 OCCUPANCY -SINGLE FAMILY DWELLING RJ A ABLEFLOORARER B4ODD SF ALLOWASIPINCP.EASE-MULTI STORES +100b TOTALALLOWASLE BLDG.AREA: IRDW SF PROPOSED DWELLINGAREA: 12,850 SF < 16DDD SF OCCUPANCY - PRNATE GARAGE U-1 ALLOWABLE FLOOR AREA: 3.00D SF PROPOSED GARAGE AREA: 1,310 SF , 3,0W SF DWELLING AREA: FIRST FLOOR 7,939 SF SECOND RODR 4.951 SF TOTAL: 12SID SF GARAGEAREA 1,31E BF 6.PAPI(W G sPADeE D TANDMI) COVERED PORCHES: SHEET ENTRY In SF CIGAR ROOM 260 SF SIDE ENTRY 74 SF TOTAO 4905 BALCONIES: MASTERBEDROOM 330SF BEDROOM P4 43 SF BEDROOM 0.5 1IOSF BEDROOM M 27SF TOTAL: 510 SF POM CABANA: 11_�SF NOTES: ALL ON-SITE UTILITIES SHALL BE AT THE Tltif OF DEVELOPMENT. PROJECT. ENNABE RESIDENCE SKIT Structural Engineers 3456 Golden Poppy Way, Yorbetinda,92886 INTER-PHRSE architects 348 Peach SLMoThneyPerk CA. 91755Im "�f SHEET PROJECT ADDRESS:T6: 1524 DERRINGER LANE p+4pThD172 D+4pesmm 3ma0:xUw3q�shaeryrsxan (628}Vl Mab Snell: PETER W. DOUGLAS FLING DIAMOND BAR, CA 91765 _ ¢ �"¢ Aawmm�. ws uo amluaas mPux>mrs .ff ne wmmn r nE Avwrsr rrrzn a M xo�Pm� �ra �mm �D;tnmmxlssu����� e�>�6��6w E ENNABE RESIDENCE ADDRESS: 1524 DERRINGER LANE DIAMOND BAR, CA 91765 FIRST FLOOR PLAN (7,676 SF) Sc ate`=1•� DWELLING AREA: OCCUPANCY GROUP R3 CONSTRUCTION TYPE V UNLIMITED FLOOR AREA GARAGE (GROUP Ut) AREA: 1,318 SF < MAX FLOOR AREA 5.500 SF 5-PARKINC SPACES (1 TANDEM) COVERED PORCHES: ENTRY 126 SF CIGAR PATIO 280 SF SIDE ENTRY 74 SF TOTAL: 480 SF BALCONIES: MASTER BEDROOM 330 SF BEDROOM #4 43 SF BEDROOM #5 110 SF BEDROOM #4 27 SF TOTAL: 510 SF SKA Structural Engineers (I INTER -PHASE architects 3456 Golden Poppy Way, Yorba nda.92B86 346 Peach St, Monterey Park, CA 91755 TFL' IEL:(1144g2 Mnwwes qM (6214 i4v E d:Ek nV®zYevgrs.¢m E.fl: MeryNeea2N¢el�pnWl.em A.2 PROJECT: ENNABE RESIDENCE SKR Structural Engineers INTER -PHASE architects ® 3456 Geld- Papp) Way, Yorba tla. 92666 346 Peach 51, Monterey?atk, CA 97755 SHEET i¢: PROJECT ADDRESS: to: p1a}14AR aiTi pig�se Isre7s>sazee emmtaxweo�mem emee:M+emro+�Rn§en®p.uu.wm PETER W. DOUGLAS FUND /� . t� 1524 DERRINGER LANE z N VS DIAMOND SAR, CA 91785 TE ^^+tea ��w`¢ w mniuva nvea ue nE rnaun s se x�ensr rem; nE""�x"PM o �mvrz�vc w�Oiu mrz1D.m r°1�im Mirnvo swi avmmrrz`"i m°o `ca esmews W12 m '0 I ■ 0.�i� h I 11 p4i0' I ���i II ti•,•�,` �I ilJ � � � � I"I I pis%%i I ���� I ��Q♦/"II , ' 1!J� ■ I!��I �� I�_�� ■ I FRONT ENTRANCE ELEVATION SGIF -I'-Y w�sAwoTww.A �mwA>e C� a, IFEL`EY 6 ROOF EAVE DETAIL. WINDOW INSTALLATION DETAIL (SILL) ELEVATION NOTES: tO 'AUBURN' CONCRETE ROOF TILE _'S FRENCH PRONNCIAL BLEND PROJECTADDRESS: 1' STAGGERED APPLICATION O'U HMW GNCCO, SMDDTH RNISH, (/��, COLOR: %-53 PURE NORM (BASE 10D) OSTONE VENEER 'CULTURE) STONE' 2e ,T, 'PAL) VERDE SPLIT QUARRIED' #C —203B OKEYSTONE 'CULTURED STONE OFASCIA BOARD, PAINTED 'DUNN EOWARDW NO.163 FRENCH'ft TE' OPRECAST CONCRETE MOULDING 200 SERIES GRILLES WNDOW O'ANDERSEN' http://www.andmenwNdow .Com/ OWROUGHT WON RAWNC CASE STONE '%ERwRA STONE OFRP 9 1-80D-339-8302 lertoatonaeom PROJECT. ENNABE RESIDENCE SKR Structural Engineers 3456 Golden Poppy Way, YDrbaTJnda. 928B6 INTER-PHRSE architects 34BPeechSI, MD.t..yP8rk,CA91755 1 _'S SHEET PROJECTADDRESS: TEN: pupTz.on2 Rt�Ivesa>se E Aa Wq�keenprt.mm (szG7siaaane EmsIl:blerylvseertNMdgpmdLwm PETER W. DOUGLAS FLING (/��, ''v..: 1524 DERRINGER LANE 2e ,T, • 1 DIAMOND BAR, CA 91765 nw awwxa oom0¢ um."N°eam,'�°'z _ _ ms nm�.� tre mmom v uc wovrzm enw e ran�xoDa ��rOM �N� r®r®mmve��we����o>�p��iw� 4 I �� �ill ■ ��� I I NOTE: SEE ELEV. BELOW FOR TYPICAL FINISH MATERIAL �D I ----- ----------- ma ¢e aM ------ I NORTH ELEVATION (DINING ROOM SIDE) ELEVATION NOTES: POW 1¢£ ENNABE RESIDENCE FRENCH PRDNNG,LL BLED INTER -PHASE architects 348 Peach St, MDnlemyPark, CA. 91755 E1 1' STACGER(D APP cASON O'LA HABRA' MCCO, SMOOTH RNISH, ADDRESS: DERRINGER LANE COLM %-53 PURE IWRY (BASE 10D) (ma)"s2maPROJECT PETER W. DOUGLAS FUND1524 3OSTONE .NEER 'CULTURED STONE 'PAID .ROE SPUT DUARRI♦D' /CSV -2038 DIAMOND BAR, CA 91765 OKEYSTONE 'cm7URED STONE �o¢A•.mm�rs as .�o �rnums rea nmuv As l,e nmmrcvvc wamcr ruuR ra uo e'. mmu.M mw ®nm u OS FASCIA BDARD. PAINTED i i 'DUNN EDWARDS* N0.163 FRENCH 'KHITE OPRECAST CONCRETE MOULDING � 1,a eanec .m1u ram aM raa sm"'a awA m mvn mw¢ u una eswrnus 20D SERIES GRB WINODW O'ANDERSEN' M1tlp: //vwx.antlersenv'vmtlow2com/ OWROUGHT IRON RMUNG FRP CAST STUPE 'SIERRA STONE _ I I 1 ill 9 1-BO0-339-93D2 v slmn stone.mm O 12 13 a 9� s 0 FE 11 6 7 6 ----------------------------------------------------------- 6 si¢'eAST pima 4 PP WXtmnEs MtT _ I BmM�'I�K (BAY BPEV6AST NMR T112 6! ATM EAST ELEVATION (KITCHEN AND PARTY ROOM SIDE) PROJECT. ENNABE RESIDENCE SKA Structural Engineers 3456 Golden PDPPyway,YDT6a nda.92BBS INTER -PHASE architects 348 Peach St, MDnlemyPark, CA. 91755 E1 ADDRESS: DERRINGER LANE :EI14Wfi olm(7,4p , (ma)"s2maPROJECT PETER W. DOUGLAS FUND1524 lodn DIAMOND BAR, CA 91765 �o¢A•.mm�rs as .�o �rnums rea nmuv As l,e nmmrcvvc wamcr ruuR ra uo e'. mmu.M mw ®nm u •V � 1,a eanec .m1u ram aM raa sm"'a awA m mvn mw¢ u una eswrnus MON SCALE 8' I u r1 L� SECTION SCALE 4B" =1'-D" PROJECT: ENNABE RESIDENCE SKIT Structural Engineer$ 3966GoItlenPOPPY Way, Yoba ntla.92666 INTER -PHASE architects 346 Peach StMonfemyPatk,CA91755m SHEET PROJECT ADDRESS: LANE i¢:pu?�n0�ap%s+>v c...e; eenaMerersmm e„uo:mierq,eeaicnxm®pme�,r, (szslne-nee PETER W. DOUGLAS FlING CC7�'] /� DIAMOND1624 DIAMOND BAR, CA 91765 BAR, C ¢ � � �. � �� � rixe�.wr r.ery a,.uec mag umr®mm,osw ""`�' ��erav wa,«nu°O"n di wr` H .� lion m®rz v ra.w.mr. xau run.n.,w maerm" a a.0 �mm,a nmwv rc.ra us�vrne� r M o I u r1 L� SECTION SCALE 4B" =1'-D" PROJECT: ENNABE RESIDENCE SKIT Structural Engineer$ 3966GoItlenPOPPY Way, Yoba ntla.92666 INTER -PHASE architects 346 Peach StMonfemyPatk,CA91755m SHEET PROJECT ADDRESS: LANE i¢:pu?�n0�ap%s+>v c...e; eenaMerersmm e„uo:mierq,eeaicnxm®pme�,r, (szslne-nee PETER W. DOUGLAS FlING CC7�'] /� DIAMOND1624 DIAMOND BAR, CA 91765 BAR, C ¢ � � �. � �� � rixe�.wr r.ery a,.uec mag umr®mm,osw ""`�' ��erav wa,«nu°O"n di wr` H .� m®rz v ra.w.mr. xau run.n.,w maerm" a a.0 �mm,a nmwv rc.ra us�vrne� I i I , ;s +• _� .. __—� „oxtm ��E,,,ggq��� ,mxa-• n;som , >x+. I I LL AI II II t11i111111111 He9.mx l � i i! I =171, I�,.I "- � ir,`MT fxd^.0 wnmm I i I� • i P ! u sso ° A�Ilillni I I nlnt11111!nlull'111 i wom/nn,>! W 11nn v+„�' ' .._, � I I II VIII I11111f�'rt 111111 >u„mso ,. �„ L`lilnli IIII link„1111 ix os�m,a,d i Il��,r ,t w.omw,%iw „va. ' h� i 1 1 �11II!1111il IIIIIi I11111I f m,n,ono J rz:9xT�” �� .ni. rI, It i I IJII1111111ili 11111 1117 +j i ( �.'ii — ^, �� I 111 1141111tI 111111 ilil�llll I / �' it I i IIIIII,IIIIIIIIIIII 1111 , l�� II III IIIIIIIIIIIIIIIII, 111111 �' -/2 III gll ul_o ".l «' 11 I i lllllllii l!I IIfRrIM'Ic61^� I 1 111.1 Iln(I�I,IIIIIhIey,lll.+:; l��: li>; r_� 1',Fkr^Iliilil a s i `_.CHH 1 p JIM iliillI I 1 1i rJ I[IIIII�IIII IIIIIII IIII' ;.,� � I��IQIP.a ,\.9s> '-1 k. � 2 �/� Ili `iInliii!IUtulilinu,l / �d.6Nil \\ `,. a:<h F I If" 111111 1° I(iiI11:1'will l;n'Ill I y B L !ci l � wialll,���il�'iiii ii I Lelll Jill ll]loll �I llll i ,Ilillil ' 7 �'• w !, ��11IIil ]oil 1114+ g )i3.bi IL: (1)-111171111 1,11i111 ip ' III IIIIII ,x41 'j4 ,;•,a Fw. U 1 I �it I11IIIIII IMI III4!III Ip i I i Alli IInI .,(6y!I11111 Jill l 2 i illil:.Illlll; xi ;5',.xaz,B 1. Z 'llulll Illlln,l i I= III oll j s u+ y i,l Lill llliliil'IIIt IIIlilll l R'Tli l lull' pi ��1,10 IIIIIIIIIIiI i 11 �nilllilliilllllllliilliili I Ip4�ll1.,`;,. 1 II I 11 �1 j kii11'15�� I s.71d !1 f51PG°ItII ,Il'111 m n!Iiiiiliiliiiiiiiiii0" I �illi���'-_- l Iiliz�y 11IUlll!II II II III >> I i 1 UU i i i I I,IIInn6U ,.1 X411 i CONCEPTUAL GRADING PLAN BENCHMARK: 6ft4ER MANHIXE RIM AT THE INFERSELTON GF DERRINGER LANE AND SHGTfi11N LANE ASSUMED ELEVATON: 11]3.91' CONSTRUCTION NOTES UMR OF GRADING. 2 REMOVE BOSOM TRE£. 3 PROTECT -IN-PLACE ICOHG G DRN AX 4 CONSTRUCT RIPRPP. 5 INSTALL PJC PIPE 6 DES01LL AREA DUN. CONSIRUCF PAV ENF OVER COMPACTED RLL SEE LANDSCAPE PUN FOR PAVEMENF DETNIS. © CONSTRUCT PAVERS OVER COMPACTED FILL SEE IANDSCAPE PUH FOR PAVER DETNLS. 9 CONSTRUCT REWNING WALL PER SEPARATE PERMR. CONSRtUCT CURB PER CITY STANDARD. 1 APPROXNATE UMR OF RESBtICTED USE AREA CNE•ENGINEER W L UND ENGINEERING, INC. 5>6EUMfiERi ROP➢, D14)MA M n+gfirf-,am CUT: mm TSCY E%PORR 275 CY SPECVLNGTES T¢WAN MI HOGP HEREON AREFOR PERMIT AND SGIIDING PUPPGSE6 ONLY. THE CONIIUCIGR SHNL VERT%pUANTIgE6 PgiOR TO SFARi OF GRADING —LANE / ' TREE NOTE t 6+ FEET ) tHN�x6R SLOPE DENSITY ANALYSIS FOR THE WHOLE LOT S = I L A L 18,289.71 6 A = 73,529.12 S.F. 5 = i' X 18.289 72• 73,524.12 S.F. S = 24.87% APPRDVD BY: DATE JACK LEE, RCE 4DB70 DA]E 11524 DERRINGER LAN[ DIAMOND BAR. CA SIM 1 Ci - VICINITY MAP -NOT Tosca JA LEGEND: (527.63) ......... EXISTING ELEVATION FG.............FINISH GRADE 520.00 .... ....... PROPOSED ELEVATION FS ... ...... ... FINISH SURFACE -(530) ......-...EXISTING COUNTOUR FF.............FLOORFINISH �y .....DRAINAGE PATTERN TG.............TOP OF GRATE —.....PROPOSED STRUCTURE TIN ............ TOP OF WALL —fe .....CENTERLINE NO..............NATURAL GRADE .....PROPERTY LINE EA. ._........... EACH QB ......CONSTRUCTION NOTES LF- LINEAR FOOT —.-Y]BERROLL DB. ............. DDWNSPOUT ....SILTFENCE EL. ...............ELEVATION APPRDVD BY: DATE JACK LEE, RCE 4DB70 DA]E 11524 DERRINGER LAN[ DIAMOND BAR. CA SIM 1 Ci - SECTIONS i1R5T MDR PARTY RDpM (w m PER PIAN PUN R AIRS _ E)asnNG 21 SLOPE WALL p ISIING GRADE IXISRNG GRADE IXISIING m SLOPE SECTION A- V NA 51 \ Iz _ FlRn MDR BAV2 GARAGE IT PER PUN EXURING 21 ExrrnxG GRACE �/�`.�/� %�/�i,::.i�//\ \ \//✓// / `/� i\ //\'\j/ �\ �\�� \/ /� IXLSBNG 1.71 SLDPE i IXISRNG 2:1 SLOPE 5 ?!51�('�/��/%' / SECTION C-ICEC \^ C51 '/�l` \ Tom, �I AN L_ __, _ I��T �I SECTION B -B I �I NIS �r. {�I � CABANA �1 E%ESDNG 1.7:1 LOPE Ex NO DRIVEWAY lz� y //1l/' LPPA1 DF'SPRIPTON PCC PAVEMENT \99 APPROVED BT: IpI f6 of 1PPit xn xADi6, x lea MY w MYllam Bu4 �� yr� LOYND °F IGS ANE66. SfA1E M W)FlNIILLN AS PFA LLl✓ WT°PUFD M BAR ]G9. P/EE >B R' YIPj IN ME C°NND SECTION D -D 1 1524 DERRINGER LANE, DIAMOND BAR, LA 91785 SIM A RBB -2125 DAIS SIZE A vY SpG DAND G. LID DDRESS 1524 DERRINGER LANE. CNY ENGINEER c DIAMOND BAR CA 91765 GRADING ONLY PREPARED BY: CONCEPTUAL GRADING PLAN FpiP�G IN THE CITY OF DIAMOND BAR ce.Aw I, nEoa, Br scut NMOBIBma5i M x xR a .I anpc LEE. Ra No5>oDale °Alnxnolx R[DID: '1°s P"s°9'_Bm 0-2 o.mP¢. cHHHryn.H�b..r.e 971�NOY36a6 IaPdvepe CovrepM1 +fv.s,nroaNm.�.+•'DtM� mSm W�Hd.^H m'+Wh,awm�jy � •� r �amM*fmq.Hr�m�m nosgar�w,®tm.t 0 m• dmhemmPh Mamw®ea �.nf�m,mgbao p�.tbww V v..=m..� � .„.�—iR. m'membe1aoq'°�d o" �um�mmmawemfa'�wmu o®...wxo.nH«,ew.ernaxeeaw�cufmwnsonae,¢-�� �^ �� e P.nxWAPYw/loon nSHO �fSD.Yxea WSINY wud[wAY.usw.a.1V4P'S Kev4/wUCCSIfmGeIIYR. 'mea. rowv° � �.,xmr rn4se.n..Hounm4Lmn.a4wn FRONTYARD �� rowrro ,AVHHr.-- General CLnstrodion Notes: wQmm.®nm. HhuvHs•W.amm..m.®� ro%mf=mae�a>�'m.Hm�emd�erem-s�ewiw.mm®umc m�a�aw®fH.m®�mr®mm.vm®dm Noah, ' 'hm.h1®S+m.p.'>f IaRL T!ffi6mW �P=4+HmPm4p4 �`w®vmr.Lmmm�pWumS pgvavubwma�q.mnmmf®m.sn.¢w.a bemotstHrm m lm+®Im4a��le•h We86M0e RmMhmMmamRC1'KK General Gradwe Nates mrye�mn.m.�tiewaewwmwefa5maeemm'vtme•.am m..ara.�mmarewwm.®am..dfwoeuww �m�u s®M.qu6.+^^fM� dmuaEaWNWmihmbwwm Na¢<w.HhAH�%..Hmm4vmfi....m4P✓3Mm'^imNuasb m�moss.m�mmwmmmwa�du.s,p..nn.rmP- .. wnammammw mageq.mmwmvaaw�mmvmm �.m`gm�mm �m �.®mawnm� efv�aem.m d..m��aHm„a®a�ammS��meem'.ra'm rtwaaFegxa m"f..f`ev.+we,'n'e<n°u"eaa:.`w. `H=m soxsrox,rre o SEDoYARD 0 �fiussmn eceiooAm EnnabeResideni ISIIDentlng rLme veovrW W cwwHna. Dlm ndBar, Caajornta 91765 v ¢wH¢ I. ���rrow 0 mrwa.�HcrNOAmwiLe,Hro.fAxaf. wae,W.uN�w.roNwuW O SIDE YARD O m 65.. Cane .don Note¢ �awywu�evrnn.7 cssocunox GWms .MAN,N LmfmM�r m� no e.m m - ' LmdHmm r., ro,dmHm m. Cmmdlnlaiemryeusp.mb pn Gmdy d 4m MgPe m Lq tl Pzmmtl vSFag Hcyume�b wyfHy� aB3BP[pnaurM�. oosraePovmNesaHm., eu Hr o.., VAY 10240 L nn®cmmyeaNamwamutarn.t z a �a..�npmaw•Hmmmmrms - Natice to Contracton: wm d+namemmrmgpry enmmummvmwmv'v M��I�KmmevPlmbwmda.4.ai )Haw Svrwrmrrmvrtmar • uYimN=.u�m.m�m�ae �'fxfwmn.wmtmkv �.�A.tl••mwm. xao*o®+®w ofs. m.em.a..mm.Y.e..v®e w�rrr.�fiw:as, r. khmviAnsmmaHdmMb.�6tlm�a�m��hx�M mamf4mµsNf. 2 ems®1%Seq�aeYmmmm,cmero mtxmw ��waan�gmmaamAa�mm,,�„�xv drvm:�mm,m�i"mmommadas. wwm�o..Ww�..mnw..u.00.�n.�+®,. mmm.emvamwrm�,ma. � ��+m�rt�d.•H.+ma¢ i4 um �rm4+.WwmNT*fm�dwtAsm um'�w`um� Cane .don Note¢ �awywu�evrnn.7 cssocunox GWms .MAN,N LmfmM�r m� no e.m m - ' LmdHmm r., ro,dmHm m. Cmmdlnlaiemryeusp.mb pn Gmdy d 4m MgPe m Lq tl Pzmmtl vSFag Hcyume�b wyfHy� aB3BP[pnaurM�. oosraePovmNesaHm., eu Hr o.., VAY 10240 L nn®cmmyeaNamwamutarn.t z a �a..�npmaw•Hmmmmrms Ru,aoem1Vpvfe,emw � . veRAWY F— sxmweenvw,wssr ow"OL.sw�,H'�i..:HaePmL.sew ..svme,w:rm S N[wwAi¢eNumS vwnaV�IwamfweHOwWAX¢ rn O 0 O 0.4.44 cab V A. 00 tit 1�' N HARDSCAPE %lof6.. POOLNOW: wm d+namemmrmgpry enmmummvmwmv'v M��I�KmmevPlmbwmda.4.ai )Haw Svrwrmrrmvrtmar • uYimN=.u�m.m�m�ae �'fxfwmn.wmtmkv rn'uHmHmmrrmwAramxm i �,ar�mrv., w�rrr.�fiw:as, r. khmviAnsmmaHdmMb.�6tlm�a�m��hx�M mamf4mµsNf. 2 ems®1%Seq�aeYmmmm,cmero mtxmw ��waan�gmmaamAa�mm,,�„�xv drvm:�mm,m�i"mmommadas. wwm�o..Ww�..mnw..u.00.�n.�+®,. mmm.emvamwrm�,ma. � ��+m�rt�d.•H.+ma¢ i4 um �rm4+.WwmNT*fm�dwtAsm um'�w`um� n.MNa.amYm�rmH mamS anSuollam WHa.emmW wrovpvaram..b mrymmxn„vNvuFv uosufx�wu,ecn.ua vw. f. wwwan,�Hs..m..Aaumm�amw v ®� mH®mm.me.vgam.m,+ra�w4mmP) 4 vw•arv.�mm��mq.mvmemmpmw fix. HARDSCAPE INATERVS.: n. veS muw.mtmmz^trxev,a.a�=dvmW<esex. �4 v..:minoam�w.tmA.s'.uww�em.m®emme.a.m a°raY.,m�arPm. a,.a. ¢•Rem.m�mmm..,mm.a �rrwmmva¢Hnmr �A¢uxAm�drmrau�wnrowmn.axu .,ww,.,. H�,WOH f'..apmWm®em.�.uw.m��.am.mvamnHa or.aea,.-we n ww�..vuim�,�mamdm«mvnAa.e.m.+m.m. °e�a�,^i°�A".Hn"m`r`nw�a..o.::.¢�.o. •oP sir Youewwarme.,mmw.xmw.neaiaame+ . Ari ""° W.u.w.+o��,Hwa.wro.aom boP a��emrrom.m„mn®mranwaama �e ��ror.W�wWmr¢.o.ww..¢mwArn¢P.row°'m�n. Ru,aoem1Vpvfe,emw � . veRAWY F— sxmweenvw,wssr ow"OL.sw�,H'�i..:HaePmL.sew ..svme,w:rm S N[wwAi¢eNumS vwnaV�IwamfweHOwWAX¢ rn O 0 O 0.4.44 cab V A. 00 tit 1�' N HARDSCAPE %lof6.. ass -s• - SIDE YARD ', ii aw,mau�,en,oFE�.w Wlmarow-umnmulmwxaW— ' ur �AUwmemO�nL,*� IMVAVw[stOe6Au9HT¢aFWnNYTox I 1� III wu'osmveeAnwiuxewremTue I; rvxmsm.¢ .nacssrue I I I Fares & Maysoon Ennabe Resident 1524 Damnger Lone DiamondBm, Califomta 91765 FRONT -YARD . �`` it � —c ill�ll�lill I 3 04 I I IIIPo"ro�� Ih 1 51111° III --� � I i I 11111111111111'Il I illli I o� Am SD1E YARD I I / I� s . npyED nESUBNR ' - - � cxennv acre 1NT801010 Notice to CootractoM L�.aaa�wom,e:.m..w.�a.11.ro Dnng.�nohR ]t440LY06 Laodxape CovxpC ,mnanv¢eaavnrotle'eu¢.ve[ ' wamabawaae..x..b'..wnbrtaw L+Po G�mdmW �im�Tuyu Nvv6.l'm.sxnpepetamm�a �ma py®smoeyomyP�aLmpm msmu�Eu®®.rt �seuivpuW�rn �.m'e,a-0atm.av WmmNn—aefmka ' General Contmcflon Nates: wL+mmeuu,Ala.mh.evmvn^. mTry'emtu..wNMm^+.wb .ym.mvr�a'TAm,bcwa,l� ved.eAaz®�_ .w.®Mxa=+magcv=a+F we®mmNaw4 ..p�.b.vyat,osm.nwmmfm1nm-amnyw.®m,lm.x,ma • AOa�m=Nbv�va�nbb �M e.�H A�.av® fvrv�®gym B� �m�MlrA%6amllhnN Wmm6®fvemm®C,x. Geveral Gradin¢ Notav �.•uma.�w.w..,mw.momvesm.m.®e.m,wrmmeumrm arm'�"'smv�.avw++.lbm*^amummm.nwwmumae.i wwx�aeel,ne.w�ae.m.>dw.�,�,mma • �.��.�,mm.a.�b.�mrmm�.r,�am�. General Contraction Note: c tqo" O-ig.� Y N V¢# CO F 0 HAHDSCAPE %2 of 6 ...... ow,x.opvpbnmiw+mo m ]10.1.Y)H,6 LUNopv CpvnPt - w,ar enHdmeuod - .wv' m .m. mnn•+:pmt/m mwymea®xm.awmawwwo-mmiwpayp g,3 uearn:euaw•IDuw±KAo.m^ammmp5saavHv�a.+.nmweaan p - . h�paMe®HHn,�a®asmamv �m[+�m^wmx nm 3 ..W:/Yemen+:maAemu,m,w,mµmm,mP.m,vgp�tymm,®y v w.... o lKYmuymtl rorN.pm�mi m'v P'am®mmae0mb �� /6 L 'S la Y.3 SIDEYARD }3 yy Sn mWmcw.muva // xw.w General Covstructtov e�%AM uamsmu' Wx�Kb'NEavivl3m+ ' >v.m,w„emr®emaxmHmxvn,:em.aa.®:'gym General Grading Notev wua upmvcwmvsTmrsusaasswa ' ®4ww•.m Kmrmwmmamm�+:®.m4em4 doom`6emw,.mksue.mcmeum-swv+sen.®mm..a�mm �wm®.>mwwlmmm,vm�ms.xwammmmpeamrmu. 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POOLHOUSE CONCEPT MaLlA nlfA aT.aT Orange ColmtyDesigns Incoxpomte (i Ip MYd .mvyna.ry.µvt . bLt,ialCol°rn°W @PmabvHnWenf 141llereivgerlave lltmovdHaq Cant Ma 91][5 maoanwA:aw � n owrummva NEmETrm) _ ' lYmltmu,lt0 ' IaY.iA¢BAWYRu]wMgAY°mXCA['fEacVrc ' E P ,...rAaa oa RAmwi:Pummaarre u.. . waRv - R�mnme,m:.aw®.�^mma�.e wmmr"`uo�nmma :moe . � EP I aomsnmr a-------------------------- -- iA{ERw EWL FIRE PIT & SFAATING WALL CONCEPT - m'ereE` m 7 > s . . DRIVEWAY CURB CONCEPT ALL^@ETlG W2843P®apgj B SC n MKTE oeaxi� uavm> z m�eW IEwAeEacuPm, �a�ivAm ,rewurevm°ol e9vu�ilr �' WAaE®.6YSOI MATNAgI50Wxi A Pte Al®la'OL B1u1l WaOW� . • ON.HAR¢LLAIm56NRPIeAunBVFM.e@BMtm0. ALL0NM0RW10,AEf°Wiw�uUnHaAswew.w,a ylOEwv a0°IWIm»SL/OBe1:A1109 ®dA11084T9 W1F➢lAt o{ is �� owwR.waP+asaaree+,.w,mm 1'aP a I FOUNTAIN DETAIL _ __ Area Auocw,wx M+.depth Pfwalerahen beuv mare ehav 1813 P�ia'�a�c�D�esr ° Auaxdrn ' � c�ara�c�m+°mev�ut�m I . m eymP ,. sd, ✓.. i �i, : S ib Sam . P•e a .�...._.�` °t 4...�tivw:.�•-ray.+..,. .%�.Tr x_.. 5' �>.:F`'^-tea.: V�i.✓.. ., _. .. FOUNTAIN DETAIL _ __ Area Auocw,wx M+.depth Pfwalerahen beuv mare ehav 1813 P�ia'�a�c�D�esr ° Auaxdrn ' � c�ara�c�m+°mev�ut�m Ate. . m eymP Sam i Vcx[cnm 2't 200 U m ww.M CONCEPTS & NOTES 6of6 PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR -21810 COPLEY DRIVE -DIAMOND BAR, CA 91765- TEL. (909) 839-7030 -FAX (909) 861-3117 AGENDA ITEM NUMBER: 10.2 MEETING DATE: March 13, 2012 CASE/FILE NUMBE=R: Amendment No. 1 to Development Agreement No 2005-01 (Case No. PL 2012-57) PROJECT LOCATION: South of Larkstone Dr., east of Morning Sun Ave., west of Brea Canyon Rd., and northwest of Peaceful Hills Rd ("South Pointe West"), further identified as Assessor's Parcel Numbers 8765-001-001, 8765-002-002, 8765-005-003, 9765-005-007, and portions of 8765-005-905, 9763-026-907 and 8763-026-901 PROPERTY OWNER: JCCL-South Pointe West, 1-1-C 1156 N. Mountain Ave. Upland, CA 91785 APPLICANTS: Darren McCleve City of Diamond Bar JCCL-South Pointe West, LLC 21810 Copley Drive 1156 N. Mountain Ave. Diamond Bar, CA 91765 Upland, CA 91785 SUMMARY South Pointe West is a 34.5 -acre site located in the southwesterly portion of Diamond Bar. In 2007, the City approved the South Pointe West Specific Plan and related tentative tract map that authorizes the development of 99 single-family dwellings, and requires the developer to construct and dedicate to the City a 4.68 -acre neighborhood park. A Development Agreement ("Agreement") between the City and Owner was concurrently adopted which provides the Owner and successors in interest certain vested rights in return for specified consideration that will benefit the City. The Agreement has a five-year term that is set to expire on April 9, 2012. Both Owner and City wish to extend the terms of the agreement for another five years to provide the additional time necessary to complete the project. In addition to the request to extend the terms of the agreement, the patties to the agreement also propose that the amendment include the removal of Section 4.41.2 from the Agreement which requires the developer to place $500,000 into an escrow account after the 49ib dwelling is occupied. Staff finds it to be in the City's best interest to amend the Agreement. The applicant has continued to work with City staff to process and submit the final map and civil engineering plans for on-site and off-site infrastructure, walls, gates, entry monuments, a neighborhood park and all agency permits. An amendment to the development agreement extending the terms for a total of 10 years ensures the City and the developer continue to receive the benefits that the approved development will provide. The removal of Section 4.4.1.2 is warranted in that the requirement for the developer to set aside $500,000 until project completion is unlikely to result in any benefit to the City. ANALYSIS Project Location The South Pointe West project area is highlighted in the illustrations below: 2 A l x e s r r. 1a1a I Irr .i�A L1 er'Y • The Agreement reduces The Developers' risk by locking in the development approvals and related project fees for a period of time. This assures the Developer that future City development policy changes or regulation changes would not affect the approved project. In exchange, the City receives several benefits, including a 4.6 acre neighborhood park to be constructed by the developer to City specifications and dedicated to the City, and a development fee of $10,000 per dwelling unit above and beyond building permit revenues. Extending the duration of the development agreement will guarantee that the City will continue to receive these benefits. Both parties to the Agreement; JCCL-South Pointe West, LLC and the City, have worked diligently to implement the terms of the Agreement. The following timeline provides an outline of all processing that has taken place for the South Pointe West development and all expenditures by the developer to date. Project Timeline 2007: • Tentative Tract Map - Approved March 6. • Final Map - 1St Plan Check Submitted June 16. • Storm Water Pollution Prevention Plan — Approved July 12. • Rough Grading Plan —Approved July 13. • Verdura Walls Plan — Approved July 13. Soils Engineering Study — Approved September 4. • Storm Drain Plan —Approved October 2. • Sewer Plan/Study — Approved October 26. 2008: • Street Plans (Intract) —1St Plan Check submitted February 17. • Street Plans (Intract) — 2nd Plan Check review submitted September 10. 2009: • Landscape Plans (Front Yard Typical) — 1St Plan Check submitted April 13. • Landscape Plans (Slopes/Fuel Mod) —Approved June 9. • Street Plans (Larkstone) — Approved July 13. • Erosion Control Plan — Approved August 29. • Street Plans (Morning Sun Entry) — Approved September 16. • Landscape Plans (Non -slopes & Entries) —Approved September 18. • Entry Materials — Appipved September 24. • Neighborhood Park (Bldg, Irrigation, P&R) — 15t Plan Check sent September 24. • Neighborhood Park (Civil Engineering & Planning) — 1St Ilan Check sent September 24. • Landscape Plans (Front Yard Typical) — 2"" Plan Check submitted September 30. • Storm Drain Connection (Morning Sun) — Approved October 11. In • Storm Drain Plan (Entry Revisions) — 1St Plan Check submitted October 16. • Rough Grade w/ Entry Revisions — 1St Plan check submitted October 20. • Street Light Plan (Larkstone) — 1St Plan Check submitted October 20. • Street Light Plan (Larkstone) — 2nd Plan Check submitted December 8. • Street Names — 1St Plan check submitted December 14. 2010: • Street Names — 2nd Plan check submitted January 5. • Landscape Plans (Front Yard Typical) — 3`d Plan Check submitted January 12. • Rough Grading Plans w/ Entry Revisions — 2nd Plan check submitted January 20. • Storm Drain Plan (Entry Revisions) — 2nd Plan Check submitted January 20. • Hydro and Hydraulic Report/Drainage Study—Approved January 27. • Storm Drain Plan (Entry Revisions) — 3`d Pian Check submitted February 11. • Rough Grading Plans w/Entry Revisions —. 3`d Plan check submitted February 11. • Rough Grading Plans w/Entry Revisions — Approved March 3. • Storm Drain Plan (Entry Revisions) — Approved March 3. • Neighborhood Park (Bldg, Irrigation, P&R) — 2nd Plan Check sent March 30. • Neighborhood Park (Civil E=ngineering and Planning) — 2"d Plan Check sent March 30. Final Map — 2nd Plan Check Submitted March 31. • Street Plan (Intract Signing and Striping) — 3`d Plan check submitted March 31. Street Dedication (Larkstone East)—Approved March 31. • Landscape Plans (Front Yard Typical) — Approved May 19. • Final Map — 3`d Plan Check Submitted July 23. Street Plan (Intract Signing and Striping) —4t" Plan check submitted July 23. 2011: • Street Plan (Intract Signing and Striping) — Approved March 3. • Neighborhood Park (Bldg, Irrigation, P&R) — 3`d Plan Check sent September 1. • Neighborhood Park (Civil Engineering and Planning) — 3`d Plan Check sent Sept 1. • Street Light Plans (Intract) — 1St Plan Check submitted August 29. • Street Light Plans (Larkstone) — 1St Plan Check submitted August 29. • Biological Permit Evtension — Survey comn-enced in September & October. 2012: • Street Light Plans (lntract) — 2"d Plan Check submitted January 4. • Street Light Plans (Larkstone) — 2"d Plan Check submitted January 4. Neighborhood Park (Bldg, Irrigation, P&R) — Final Mylars submitted Feb 23. 5 ® Neighborhood Park (Civil Engineering and Planning) — Final Mylars submitted Feb 23. • Street Light Plans (Intract) — 3`d Plan Check submitted Feb 24. • Street Light Plans (Larkstone) — 3d Plan Check submitted Feb 24. Expenditures: 2007 — 2012: • Design Guidelines.................................................................. $50,289 • Specific Plan/General Plan Amendment.....................................$263,923 • Legal Fees (Non Dev Agrmnt)...................................................$195,852 • Fees/Permits (Landslide Mitigation)............................................$188,648 • Survey/Staking/Soils Testing .................................................... $72,697 • Erosion Control/SWPPP/Grading/Sewer/Storm Drain/Fence........... $490,793 • Recycled Water In -lieu fee to WVWD (Offsite)..............................$192,812 • Structural and Architectural Engineering/Consulting .....................$156,783 • Civil Engineering (Onsite and Offsite)............................................$551,095 • Landscape/Dry Utility Consultants .............................................$325,334 • Soils/Geo Engineering............................................................$285,420 • Sound/Bio/Enviro/Toxics Engineering and Consulting .....................$124,348 • Traffic Engineering/Reports...................................................... $51,740 TOTAL ...................................................................................... $2,949,734 Proposed Amendments to the Development Agreement Extension of the Expiration Date (Section 2.3) Despite the ongoing, diligent efforts to move the project forward, the effects of the recession have slowed the progress in the Owner's efforts to partner with a developer to purchase and construct the project. The proposed five-year extension provides a reasonable period of additional time to enable the project to reach completion within the proposed extended lifespan of Agreement. Deletion of the Set -Aside Fund Requirement (Section 4.4.1.2) Section 4.4.1.2 requires the developer to place $500,000 into an escrow account prior to the issuance of certificates of occupancy for the final 50 homes in the pi ;ect. If the gross sales of all 99 dwellings exceed $89 million, then the City would receive a payment from that escrow account equal to 20% of the gross revenue above $89,000. For the City to receive any payment frorn this account, the homes would have to sell for an average of more than $900,000. As a small -lot subdivision located within the prestigious Walnut Valley Unified School District boundaries, the homes C • Neighborhood Park (Civil Engineering and Planning) — Final Mylars submitted Feb 23. . Street Light Plans (Infract) — 3`d Plan Check submitted Feb 24. • Street Light Plans (Larkstone) — 3`d Plan Check submitted Feb 24. Expenditures: 2007 — 2012: • Design Guidelines.................................................................. $50,289 • Specific Plan/General Plan Amendment.....................................$263,923 • Legal Fees (Non Dev Agrmnt) ....................................,.............,.$195,852 . Fees/Permits (Landslide Mitigation)............................................$188,648 • Survey/Staking/Soils Testing .................................................... $72,697 Erosion Control/SWPPP/Grading/SewedStorm Drain/Fence ........... $490,793 • Recycled Water In -lieu fee to WVWD (Offsite)...............................$192,812 • Structural and Architectural Engineering/Consulting ...........:..........$156,783 • Civil Engineering (Onsite and Offsite)............................................$551,095 • Landscape/Dry Utility Consultants .............................................$325,334. • Soils/Geo Engineering............................................................$285,420 • Sound/Bio/Enviro/Toxics Engineering and Consulting ......................$124,348 • Traffic Engineering/Reports...................................................... $51,740 TOTAL...................................................................................... $2,949,734 Proposed Amendments to the Development Agreement Extension of the Expiration Date (Section 2.3) Despite the ongoing, diligent efforts to move the project forward, the effects of the recession have slowed the progress in the Owner's efforts to partner with a developer to purchase and construct the project. The proposed five-year extension provides a reasonable period of additional time to enable the project to reach completion within the proposed extended lifespan of Agreement. Deletion of the Set -Aside Fund Requirement (Section 4.4.1.2) Section 4.4.1.2 requires the developer to place $500,000 into an escrow account prior to the issuance of certificates of occupancy for the final 50 homes in the project. If the g ;ss sales of all 99 dwellings exceed $89 million, then the City would receive a payment from that escrow account equal to 20% of the gross revenue above $89,000. For the City to receive any payment from this account, the homes would have to sell for an average of more than $900,000. As a small -lot subdivision located within the prestigious Walnut Valley Unified School District boundaries, the homes [c may sell for $600,000 or more; but it is unlikely that sale prices could approach $1 million, particularly in light of the post -recession economy. Therefore, staff believes that it would be counterproductive to require the developer to encumber $500,000 that could otherwise be put to productive use. ENVIRONMENTAL DETERMINATION: On December 19, 2006, the Diamond Bar City Council approved Resolution 2006-78 certifying Environmental Impact Report (EIR) No. 2005-01 (SCH 2005111118). No changes in the South Pointe West project are proposed ad there is no new information or change in circumstances that would call for a re-examination of the original CEQA determination. Therefore, according to Section 15162 of the California Environmental Quality Act guidelines, the time amendments requested by the applicant would not necessitate new or separate environmental review. PUBLIC HEARING NOTICE: Public Notice for the City Council public hearing was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on February 17, 2012. Public Notices were mailed to all property owners within a 1000 -foot radius of the project site on February 17, 2012. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) recommending the City Council approve the Amendment to Development Agreement No. 2005-01 (Case No.PL 2010-191) based on the findings in DBMC Sections 22.62.030(e). Prepared by: Katherine au urger Senior Planner Reviewed by: Az�, Greg G&iman Community Development Director 1. Plannir,.l Commission Resolution amending Development Agreement No. 20f5-01 2. City Council Ordinance No. 02(2007) and Development Agreement No. 2005-01, adopted March 6, 2007 (effective 30 days later) 7 ATTACHMENT1 PLANNING COMMISSION RESOLUTION NO. 2012 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2005-01 BY AND BETWEEN THE CITY OF DIAMOND BAR AND JCCL-SOUTH POINTE WEST LLC. A. RECITALS 1 The applicant, JCCL-South Pointe West, LLC , acting as a property owner, has filed an application for Amendment No. 1 to Development Agreement No. 2005-01 authorizing development of a site comprised of approximately 34.52 acres generally located south of Larkstone drive, east of Morning Sun Avenue, and west of Brea Canyon Road (assessor's parcel numbers 8765-001-001, 8765-002-002, 8765-005-003, 9765-005-007, and portions of 8765-005-905, 9763-026-907 and 8763-026-901) with a 99 -unit single- family residential condominium project 2. The applicant has specifically requested the City to approve Amendment No. 1 to Development Agreement No. 2005-01 concerning the expiration terms of the agreement as outlined in Exhibit "A" attached hereto. 3. On February 17, 2012, notification of the public hearing for this application was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, public hearing notices were mailed to approximately 407 property owners of record within a 1000 -foot radius of the project. Furthermore, the project site was posted with a required display board and public notices were posted in three public places. 4. The Community Development Department has determined that the proposed Amendment No. 1 to the Development Agreement represents a consistent, logical, appropriate and rational implementing tool that furthers the goals and objectives of the City General Plan and it is in the public interest. 5. On March 13, 2012, the Planning Commission of the City of Diamond Bar conducted and concluded a public hearing on the Application. 6. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. 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 on the findings and conclusions set forth herein, the Planning Commission .hereby finds and recommends that the City Council approve Amendment No. 1 to Development Agreement No. 2005-01. 3. On December 19, 2006 the Diamond Bar City Council approved Resolution 2006-78 certifying Environmental Impact Report (EIR) No. 2005-01 (SCH 2005111118). No changes in the South Pointe West project are proposed ad there is no new information or change in circumstances that would call for a re-examination of the original CEQA determination. Therefore, according to Section 15162 of the California Environmental Quality Act guidelines, the time amendments requested by the applicant would not necessitate new or separate environmental review. 4. The Planning Commission does hereby recommend to the City Council , approval of the proposed Amendment No. 1 to Development Agreement No. 2005-01, with finalization and execution by the City Manager, based on the following findings, as required by 22.62.030(e) of the Municipal Code and in . conformance with California Government Code Section 65864 et seq: a. Amendment No. 1 to Development Agreement No. 2005-01 is in the best interest of the City. b. Amendment No. 1 to Development Agreement No. 2005-01 implements the proposed South Pointe West project and will provide certainty to the City and.the Applicant that the project continues forward with the development. Because of this, .the Agreement is in the best interest of the City and its residents. C. Amendment No. 1 to Development Agreement No. 2005-01 is consistent with the.General Plan, any applicable Specific Plan and the Development Code. The subject of Amendment No. 1 to Development Agreement No. 2005-01 is consistent with the General Plan and meets - all applicable standards of the Development Code. The administrative record and findings of this Resolution demonstrate conformance with City requirements. 2 d. Amendment No. 1 to Development Agreement No. 2005-01 would promote the public interest and welfare of the City. Development Agreement No. 2005-01 implements this development plan and thus promotes the public interest and welfare. e. Amendment _ No. -1 to Development Agreement No. 2005-01, prepared in accordance with Government Code Section 65864 et seq., and Chapter 22.62 of the Development Code, establishes a mutually beneficial agreement between the City and the applicant setting forth obligations and benefits to the City and the developer. 5. The Planning Commission does hereby recommend City Council approval of Amendment No. 1 to Development Agreement No. 2005-01 attached hereto as Exhibit"A" and incorporated herein, by reference. The Planning Commission shall: (1) Certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MARCH 2012, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. - BY: Planning Commission Chairman I, Greg Gubman, 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 13th day of March 2012, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 3 EXHIBIT "A" FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF DIAMOND BAR AND JCCL-SOUTH POINTE WEST LIMITED LIABILITY COMPANY RECITALS A. JCCL-South Pointe West, LLC ("Developer") is the owner of that certain real property in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as South Pointe West Specific Plan more fully described on Exhibit A of the Development Agreement described in Recital D. below (the "Property").. B. The City of Diamond Bar ("City"), is authorized to enter into _development agreements with persons having legal or equitable development , interests . in real property located in the City pursuant to Government Code Sections.65864, et seq. C. The City has adopted rules and regulations for consideration of development agreements including any amendments of such agreements pursuant to Government_ Code Section 65865 and Chapter 22.62 of the Diamond Bar Municipal Code. D. The Developer and City entered into a Development Agreement dated April 6, 2007 (the "Agreement") pursuant to proceedings undertaken in accordance ,with Chapter 22.62 of the Diamond Bar Municipal Code for the development of the Property _ as more fully described on Exhibit of the Agreement (the "Project")., E. Owner has requested pursuant to Section 2.5 of the Agreement that the City modify the Agreement to extend certain deadlines contained in Section .2.3 thereof, and to delete Section 4.4.1.2 which would obligate the Developer to place monies into an escrow account, and proceedings to amend the Agreement have accordingly been undertaken in accordance with Chapter 22.62 of the Diamond Bar Municipal Code.' F. The City finds that entering into this First Amendment to Development Agreement ("First Amendment") will continue to serve the public interest, will implement the policies, objectives and standards of and is consistent with the General Plan. AGREEMENT NOW THEREFORE, in consideration of the above recitals, the mutual covenants ' and conditions contained in the Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: , 1. Section 2.3 is deleted and the following inserted in place thereof: 2.3 Term. The term of this Agreement commenced on the Effective Date which was April 6, 2007, and, shall continue fora period of ten (10) years until April 6, 2017." 2.. Section 4.4.1.2 and references thereto are deleted in its entirety. 3. This Amendment may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument: 4. Except as amended above, the Agreement shall remain in full force and effect. DEVELOPER JCCL-SOUTH POINTE WEST, LLC, a Delaware limited liability company By: LEWIS OPERATING CORP., a California corporation - Its Sole Manager By: Name: Its: Authorized Agent ORDINANCE NO. 02 (2007) AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT AGREEMENT NO. 2005-01 AUTHORIZING DEVELOPMENT OF A SITE COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763- (126-907, AND 8763-026-901) WITH A 99 -UNIT SINGLE-FAMILY RESIDENTIAL CONDOMINIUM PROJECT. A. RECITALS 1. The applicant, South Pointe West, LLC; filed an application for Development Agreement 2005-01 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901). 2. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project; which found that the proposed project may have remaining significant impacts that require adoption of "Findings of Facts and Statement of Overriding Considerations". 3. On December 19, 2006, the Diamond Bar City Council conducted a duly noticed public hearing on the EIR for the South Pointe West Project and approved Resolution No. 2006-78 certifying Environmental Impact Report (EIR) No. 2005-01 (SCH No. 2005111118) as complete and adequate. 4. The applicant has. requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that is being reviewed concurrently with this application, which includes a land use plan that divides the property into -. four sub -planning areas (Open Space, Low -Medium Density Residential, Park; and Circulation) and includes standards. and guidelines for future development of the specific plan site. 5. Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places _ within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. Notification of the public hearing for this project was properly advertised in theSanGabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 6. On November 14, 2006, and, continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application, and approved Resolution No. 2006-54 recommending that the City Council approve the Developemtn Agreement No. 2005-01. 7. On December 19, 2006, and continued to January 16,' February 6, February 20, and March 6, 2007, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on Zone Change No. 2006- 03; 8. The City Council has determined that the proposed Development Agreement represents a -consistent, logical, appropriate and rational land use designation and an implementing tool that furthers the goals and objectives of the City General. Plan. 9. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. B ORDINANCE NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals; Part I of this Resolution are true and correct. 2. The City Council finds that the initial study prepared for the project identified above in this Resolution concluded that an Environmental Impact Report (EIR) No. 2005-01, (SCH No. 20051 1 1 1 1 8) be prepared. An EIR has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. On December 19, 2006, the City Council reviewed the EIR and adopted Resolution No.2006-78 certifying the EIR as complete and adequate after conducting and concluding a duly noticed public hearing. On December 20, 2006, the City filed a,Notice.of Determination with the Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA Guidelines: 3. Following the certification. of the EIR, in response to comments received during the public hearings of January 16, February 6 and February 20, 2007, the Council caused the 'Applicant to prepare a Traffic Impact Analysis Addendum (Traffic Addendum). The Traffic Addendum included - additional traffic counts on selected street segments and intersections with Z CC -DA South Pointe Middle School in session, studied the results of different limitations on vehicular use (exit only, entry only and emergency only) of the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and considered the pedestrian safety issues with _respect to the residential streets in the unincorporated area of Los Angeles County located near to the project's secondary Morning Sun Avenue gate. 4, At the continued public hearing March 6, 2007, the Council reviewed the Traffic Addendum report dated February 22, 2007. The Council finds that the traffic volume expected to be generated by the Project is within the City adopted Traffic Impact Analysis Guidelines and that after construction of -the Project the streets will continue to operate at an acceptable Level of Service.- Furthermore, the . Council finds that the Traffic Addendum concludes that there is no impact to pedestrian safety as a result of the traffic generated by the proposed project. The City's _independent consultant has reviewed the Traffic- Addendum and determined that it is t and accurate comp e e The Council finds that certified EIR (which includes the. previous Traffic Impact Analysis dated June 23,2006) together with the Traffic Addendum dated February 22, 2007 are a complete and. accurate assessment of traffic impacts from the , Project. Further, the Council finds. that the additional data analyzed in the TrafficAddendum did not result in the introduction of any new significant impact that has not been previously disclosed in the FEIR. The Council determines that according to CEQA Guidelines Section 15162 none of the criteria exists requiring a supplemental or subsequent EIR. The Council has reviewed the . Addendum to the Certified EIR and determined that the Addendum complies with, Section 15164 of the CEQA Guidelines. Based on the findings and conclusions set forth herein, the. City Council hereby finds the approval of Development Agreement No. -2005 -01, -with finalization andexecution by the .City Manager, for South Point West based onthe following findings, .as required by 22.62.030(e) of the Municipal Code is in conformance with California Government Code Section 65864 et seq.: a. The. Development Agreement would be in the best interest of, the City. Development Agreement No. 2005-01 implements the proposed South Point West project and provides significant benefits of $1.5 million and other impact fees to the City. The proposed South Point . West project will also transform a vacant site into a functional .and attractive development that will, provide additional housing within the City. Consequently, the Agreement is in the best interest of the. City and its residents. 3 CC -DA r. J 6. 7. comp e e The Council finds that certified EIR (which includes the. previous Traffic Impact Analysis dated June 23,2006) together with the Traffic Addendum dated February 22, 2007 are a complete and. accurate assessment of traffic impacts from the , Project. Further, the Council finds. that the additional data analyzed in the TrafficAddendum did not result in the introduction of any new significant impact that has not been previously disclosed in the FEIR. The Council determines that according to CEQA Guidelines Section 15162 none of the criteria exists requiring a supplemental or subsequent EIR. The Council has reviewed the . Addendum to the Certified EIR and determined that the Addendum complies with, Section 15164 of the CEQA Guidelines. Based on the findings and conclusions set forth herein, the. City Council hereby finds the approval of Development Agreement No. -2005 -01, -with finalization andexecution by the .City Manager, for South Point West based onthe following findings, .as required by 22.62.030(e) of the Municipal Code is in conformance with California Government Code Section 65864 et seq.: a. The. Development Agreement would be in the best interest of, the City. Development Agreement No. 2005-01 implements the proposed South Point West project and provides significant benefits of $1.5 million and other impact fees to the City. The proposed South Point . West project will also transform a vacant site into a functional .and attractive development that will, provide additional housing within the City. Consequently, the Agreement is in the best interest of the. City and its residents. 3 CC -DA r. a b. The Development Agreement is consistent with the General Plan, any applicable Is Plan and the Development Code. South Point West, the subject of Development Agreement 2005-01, is consistent with the General Plan (as amended) is the subject of an appropriate Specific Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Resolution demonstrate conformance with City requirements. The Development Agreement would promote the public interest and welfare of the City. As stated above, South Pointe West is a 99 -unit residential and neighborhood park development that preserves open space and provides additional housing and recreational opportunities within the community. It retains a substantial portion of the site as open space and limits development to the least environmentally sensitive areas of the site. Development Agreement No. 2005-01 implements this development plan and thus promotes the public interest and welfare. d. The proposed Development Agreement, prepared in accordance with Government Code Section 65864 et seq., -and Chapter 22.62 of the . Development Code establishes a mutually beneficial agreement between the City and the applicant setting, forth obligations and benefits to the City and the developer: 8. The City Council does hereby approve South Pointe West Development Agreement No. 2005-01 attached hereto and incorporated herein by reference. The City Council shall: (1) Certify to the adoption of this Ordinance; and (2) Provide notice to South Pointe West, LLC, the applicant, that the time limit within which judicial, review of the decision represented by this Ordinance must be sought is governed by the provision. of the California Code of Civil Procedures Section 1094.6; and (3) Forthwith transmit a certified copy of this Ordinance by certified mail to, South Pointe West, LLC, 2632 W. 237th Street, Suite 201, Torrance, CA 90505. APPROVED AND ADOPTEDTHIS20TH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE.CITY OF DIAMOND BAR. 4 CC -DA BY: Steve Tye, May r I, Tommye,Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of March 2007 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on 20th day of March,.2007, by the following vote: AYES: Councilmembers: Chane, Eve regi:', fferrerF, YdPT/2z Y:aka, Y/ ye NOES: Councilmembers: Horn: ABSENT: Councilmembers: Name ABSTAI Council members: ilont. ATTEST: ---�'IYM44 d' Tomm Ve Cribbins, City Clerk i This page is part of your document - DO NOT DISCARD Ak ✓'"'"+ 20071519492 Pages:042 RecordedlFlled In official Records Fee: 0.00 Recorders office, Los Angeles County, Tax: 0.00 California Other: 0.00 06/25/07 AT 10:09AM Total: 0.00 844885 200706250030037 Counter TITLE(S) L E A D S H E E T Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown THIS FORM IS NOT TO BE DUPLICATED 06/25/07 IIII11111111111111111111111111111NII Ilil l l 11 11 11111 l lill lilt l►li DEVELOPMENT AGREEMENT This Development Agreement (hereinafter "Agreement') is entered into effective on the Effective Date (defined below) by and between the City of Diamond Bar (hereinafter "CITY"), and ]CCL -South Pointe West, LLC, a Delaware limited liability company (hereinafter "DEVELOPER"): RECITALS WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seg: of the.Government Code and Chapter 22.62 of the City's Municipal Code (collectively the "DA Laws"); and WHEREAS, DEVELOPER, as of the Effective Date, owns the real property which is the subject of this Agreement (the "Property"); and . WHEREAS, DEVELOPER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the DA Laws and all other rules and regulations of CITY; and WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations "specified herein and limit the future exercise of CITY's ability to regulate development on the Property; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the,City.Council and have been found to be fair, just and reasonable; and WHEREAS, the best interests of the citizens of the City of Diamond Bar and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures ofthe Califomia Environmental Quality Act have been met with respect to the Project and the Agreement; and WHEREAS, this Agreement and the Project are consistent with the Diamond Bar General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY. have been duly taken or approved in accordance with all applicable legal. requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS; this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Property, and generally serve the purposes for which development agreements under the DA Laws are intended; and WHEREAS, DEVELOPER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. COVENANTS NOW; THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 "Agreement" means this Development Agreement. 1.1.2 "CITY" means the City of Diamond Bar, a municipal corporation and general law city. 1.1,3 "City Council" means the City Council of the CITY. 1.1.4 "Condominium" means an estate in real property as defined in Civil Code Sections 783 and 1351(f); Condominium units as defined in Civil Code Section 1351(1) are DU's as defined in this Agreement. 1.1.5 "Current Development Approvals" mean all Development Approvals approved or issued prior to the Effective Date. Current -Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Development Approvals that area matter of public record on the Effective Date. 1.1.6 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and -public and private facilities relatedtothe Project whether located within or outside the Property; the construction of buildings and structures; . and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and.cornpletion thereof. 3 1.1.7 "Development Approvals" mean all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to: (a) specific plans and specific plan amendments; (b) tentative and final subdivision and parcel maps; (c)., conditional use permits and site plans; (d) zoning, (e) design review approvals; and (f) grading and building permits. 1.1.8 "Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or, Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.9 "Development Impact Fee" means a monetary exaction other than a tax or. special assessment, whether established for a broad class of projects by legislation.. of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Government Code Section 6.6477, fees collected by CITY for other public agencies other than the CITY, fees for processing applications for governmental regulatory, actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864 of Chapter 4 of the Government Code), or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefitof a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). "Development Impact Fee" expressly excludes processing fees and charges .: of every kind and nature imposed by CITY to cover the estimated. actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals' granted or issued; including, without limitation; fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) -of Title 5 of the Government Code; the processing of mapsunder the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Govemment Code; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title,7 of the Government Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5; 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132,3, and 19852 of the Health and 4 Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5. of the Public Utilities Code, asp such codes may be amended or superceded, includingbyamendment or replacement. 1.1.10 "Development Plan" means the Current Development Approvals and the .Existing Land Use Regulations applicable to development of the Property. 1,1.11 "DEVELOPER" means JCCL- South Pointe West, LLC, and/or its assignee(s), transferee(s) or successor(s)in interest (as permitted under Section 2.4 hereof) to all or any part of the Property. 1.1.12 "DU's" means single-family and Condominium/townhouse residential dwelling units, including detached and attached units for sale to the general public but do not include residential units developed for rental purposes: 1.1.13 "Effective Date" means the date that is 31 days following the date that this Agreement is approved by the City by final action of the City Council. 1.1.14 "ETR" means that certain Environmental hnpact Report No. SCH No. 2005111118 as described in Exhibit "C" attached hereto. 1.1.15 "Existing Land Use Regulations" mean all Land Use Regulations in effect on the Effective Date. Existing -Land Use Regulations include the Regulations incorporated. herein as Exhibit "D" and all other, Regulations that are a matter of public record on the Effective Date. 1.1.16 "Land Use Regulations" mean all ordinances, resolutions, codes, rules, regulations and official .written policies of CITY governing the developmentand use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property, as modified or supplemented by the. Current Development Approvals. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) - taxes and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights -and interests that provide for the use of or the entry upon public property; or (e) the exercise of the power of eminent domain. 1.1.17 "Lot" means a legal subdivided lot. 5 1.1.18 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender, and their successors and assigns. . 1.1.19 "Park Parcel" means that real- property described in Exhibit E and incorporated herein by reference to be conveyed to City, by the Walnut Valley Unified School District and / or by Developer for the development of a public park pursuant to the terms of this Agreement. 1.1.20 "Project" means the development of the Property as contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement, 1.1.21 "Property" means the real property described on Exhibit "A and shown as South Pointe West Specific Plan Map on Exhibit "B" to this Agreement. 1.1.22 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to DEVELOPER under this Agreement and reserved to CITY under Section 3.6 of this Agreement, 1.1.23 "Specific Plan" means the South Pointe West Specific Plan No. 2005-01 approved by the City, Ordinance No, XX (2007). 1.1.24 "Subsequent Development Approvals" means all Development Approvals approved by the City subsequent to. the Effective Date in connection with development of the Property. , 1.1.25 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made apart of, this Agreement: Exhibit "A-1" -- Legal Description of Property. Exhibit '-W Map of Specific Plan Area Exhibit"C" - Current Development Approvals. Exhibit "Y' Existing Land Use Regulations. Exhibit "E" -- Description of Park Parcel Exhibit "F" -- Park Plans and Specifications Schedule I - Entitlement Processing Schedule Schedule 2 —Project. Impact Fees 6 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership/Option. DEVELOPER represents and covenants that, as of the Effective Date, it is the owner of the fee simple title to the Property 2.3 Term: The term of this Agreement shall commence on the Effective Date and shall continue for a period of five (5) years thereafter.- This Agreement shall be void and of no force and effect if DEVELOPER is not the owner of fee simple title to the Property and if the Walnut Valley Unified School District or developer, as applicable, has not conveyed to the City the park parcel by December 31, 2007. 2.4 Assip_nnient. 2.4.1 Right to Assign. DEVELOPER shall have the right to sell, transferor assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seg.), to any person, partgership,joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and _obligations arising under or from this Agreement and be -made in strict compliance with the following conditions precedent: (a) - No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b). Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, DEVELOPER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and_ unconditionally assumes all the duties and obligations of DEVELOPER under this Agreement, Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by DEVELOPER under this Agreement. Notwithstanding the , failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4, 1, the burdens of this Agreement shall be binding upon such purchaser; transferee or assignee, but the benefits of,this. Agreement shall not inure to such purchaser; transferee or assignee until and unless such.agreemenf is executed, and the CITY approves of such purchaser, transferee, or assignee, which approval shall not be unnecessarily withheld so long as the requirements for Release of DEVELOPER are mefin, Section 2.4.2 below. 2.4.2 Release of DEVELOPER. Notwithstanding any sale, transfer or assignment, DEVELOPER shall continue to be obligated under this Agreement as to that portion of the Property 7 sold, transferred or assigned unless DEVELOPER is given a release in writing by CITY; which release shall be provided by CITY upon the fall satisfaction by DEVELOPER, of the following conditions: - (a) DEVELOPER no longer has a legal or equitable interest in all or any part of the Property sold; - (b) DEVELOPER is not then in default under this Agreement; (c) DEVELOPER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above; - (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by DEVELOPER to secure performance of its obligations hereunder; and (e) The purchaser, transferee, or assignee is a limited liability company in which DEVELOPER, either of DEVELOPER'S ` Members (ortheiraffiliates) ,is a Member, or a merchant home builder of DU's generally recognized by the Southern California Building Industry Association as a quality, financially sound, developer. 2.4:3 SubsequentAssi mment. Any subsequent sale, transfer or assignment after an initial sale, transfer orassigTiment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. Therestrictions and requirements of Subsection 2.4.1 shall . not apply to the sale or lease (for a period. longer than one year) of any (i) Lot that has been finally subdivided and/or any (ii) Condominium unit that is described on a condominium plan approved by the City as defined in Civil Code Section 1351(e) (the "Condominium Plan") individually (and not in. "bulk") to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any Lot or Condominium unit and such Lot or Condominium unit shall be released and no longer be.subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: - (a) The Lot has been finally subdivided and individually (and not in "bulk") sold :'or leased (for a period longer than one year) to a member of the public or other ultimate user; (b) The Condominium unit is described on a Condominium Plan approved by the City and individually (and not in bulk) sold or leased (fora period longer than one year) to a member of the public or other ultimate user; and, (c) A final certificate of occupancy or similar certificate has been issued fora building on the Lot or for the Condominium unit, and the fees set forth under Section 4 of this Agreement have been paid; 8 ,. a i 2.5 Amendment or Cancellation of Agreement. This Agreement may be amended, or cancelled in whole or in part only by written consent of all parties or their respective successors or assigns with respect to their respective portions of the Property in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of CITY or DEVELOPER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside,_ voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repeating the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement, including, without limitation, issuance ofall required occupancypenrtits and acceptance by CITY - or applicable public agency of all required dedications. Except as provided in Section 4, upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any " obligations that are specifically set forth as surviving this Agreement. 2.7 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand,, approval, statement, report,, acceptance, consent, waiver, appointment or other communication required or permitted hereunder.. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in. person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the. recipient named below; or .(iii) on the date of delivery shown _in the records of the telegraph company after ,transmission by telegraph to the recipient named below. Alla notices shall be addressed as follows: If to CITY: City of Diamond Bar 21825 Copley Drive, Diamond Bar, CA 91765 9 Attention: City Manager with a copy to: Jenkins & Hogin 1230 Rosecrans Ave., Suite 110 Manhattan Beach, CA 90266- Attn: Michael Jenkins, Esq. If to DEVELOPER: JCCL South Pointe West, LLC Attn: Kurt Nelson 2632 W. 237th Street, Suite 200 Torrance, California 90505 with a copy to: Lewis Operating Corp. Attn: W. Bradford Francke, Esq. P: O. Box 670 Upland, CA 91785-0670 1156 N. Mountain Avenue -. Upland, CA 91786-3633 (c) Either party may, by notice given at any time, require subsequent notices to be given to another person orentity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.' 3. DEVELOPMENT OF THE PROPERTY. 3,1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, DEVELOPER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain.subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. -Except as otherwise provided expressly in this. Agreement, the permitted uses of the Property, the . density and intensity of use, the maximum height and size of proposed. buildings, the design, , improvement, and construction standards applicable to development of the Property, and provisions for reservation and dedication of land for public purposes and Development Exactions shall be those set forth in the Development Plan. Without limiting the foregoing, CITY and DEVELOPER agree that the maximum density permitted for the Property is 99 DU's as provided in the Specific Plan, 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided expressly under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies of the City governing permitted uses of the Property, the density and intensity of use of the Property; the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations as modified by the Specific Plan and as reflected in the other Current Development Approvals. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, . and as provided by this Agreement including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development. Approvals, and such applications shall be processed in the normal .manner for processing such matters, provided CITY shall use its best efforts to comply with the processing schedule attached hereto as Schedule 1: 3.3 Timing of Development. The parties acknowledge that DEVELOPER cannot at this . time predict when or the rate at which phases of the -Property will be developed. Such decisions depend upon numerous factors. that are not within the control of DEVELOPER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co v City of Camarillo (1984) 37 Ca 1.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, itis the parties' intent to cure that deficiency by acknowledging and providing that DEVELOPER shall have the right to develop the Property in such order and at such rate and at such times as DEVELOPER, in its sole and absolute discretion deems appropriate, subject only to any timing or phasing requirements set forth in the Development Plan. Developer shallhavethe right to obtain permits and commence improvements to the Property (including construction of DU's) prior to approval and recordation of the final subdivision map. Any such commencement of improvement by ' DEVELOPER prior to approval and recordation of the final subdivision map shall be at DEVELOPER's risk, and DEVELOPER shall effect recordation of the approved, final' subdivision map prior to occupancy of any DU. 3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Changes and Amendments. The parties acknowledge that development of the Project will require Subsequent Development Approvals and may include changes that are appropriate and mutually desirable in the Current Development Approvals. In the event DEVELOPER finds that a change.in the Current Development Approvals is necessary or appropriate, DEVELOPER shall apply for a Subsequent Development Approval.to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use' Regulations; ,except as otherwise provided by this Agreement, including, without limitation, the Reservations of Authority. If approved, any such change in the Current Development.Approvals shall be incorporated herein as an addendum to Exhibit,"C'; and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the Current Development Approvals shall be deemed ."minor." and not require an amendment to this Agreement but instead require only the approval of the City Manager (or its designee) provided such change does not: ",.: (a) Alter the permitted uses of the Property as a whole; or, ; (b) Increase the density or intensity of use of the Property as a whole; or, (c) Increase the maximum height of permitted buildings; or; (d) Delete a requirement for. the. reservation or dedication of land for public. purposes within the Property as a whole or modify the Development Exactions; or, (e) ' Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code; or (f) Permit material changes to the architecture, design, or materials provided for in the Current Development Approvals or Subsequent Development Approvals for the Project; or (g) Extend the term of this Agreement; or (h) Reduce the benefits to the CITY or Development Exactions provided for in this Agreement. For the purposes hereof, changes to the interior floor plan (including without limitation, changes in the number of bedrooms) which do not alter the height or footprint of the DU; density or intensity of use, and minor changes in architecture, design or materials shall be permitted. 3.6 Reservations of Authority. 3.6.1 Limitations Reservations and Exceptions. Notwithstanding any other following Subsequent Land Use Regulations shall apply to the provision of this Agreement; the, development of the Property. to (a) Processing fees and charges of every kind and nature irr med CITY o cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies,petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) .Regulations governing construction standards and specifications including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire.Code and Grading Code that are applied uniformly and on a City-wide - basis to all development projects of a similar type as the Project. (d) Regulations imposing Development Exactions except as set forth in this Agreement; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a definedarea of benefit that includes the 12 Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would prevent or increase the cost of development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set, forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes: (e) . Regulations that maybe in conflict with the Development Plan but that are reasonably necessary to protect the public health and safety of the residents of the Project or immediate community. To the extent possible, any such regulations shall be applied and construed so, as to provide DEVELOPER with all of the rights and assurances provided underthisAgreement, (f) Regulations thatare not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict,with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations that are in conflict with the Development Plan provided DEVELOPER has given written consent to the application of such regulations to development of the Property. (h) Regulations that impose non-discriminatory City-wide taxes, assessments and/or fees, including but no limited to franchise fees or business taxes upon all residents or nonresidential users (commercial or industrial) of real property in the. CITY similar to the DU's or the Commercial Component but not including any Development Exaction or other fee designed to mitigatethe impacts of the development of the Project. 3.6.2 Subsequent Development Approvals; This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations thatdo not conflict with the Development Plan, norshall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land: Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. Without limiting the foregoing, DEVELOPER acknowledges that nothing in this Agreement limits the right of the City to conduct design review in accordance with its Existing Land Use Regulations prior to issuing any building permits for improvements on the Property. DEVELOPER further acknowledges that such design review may result in modifications to the conceptual elevations.and site plans included in the Specific Plan. 3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude - compliance with end ormore ofthe provisions ofthis Agreement, such provisionsof this Agreement ' shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to.the extent such _laws or regulation_ s do not - render such :remaining provisions impractical to enforce. 13 . 3.6.4 intent: The parties acknowledge and agree that.CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power that cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority that cannot be restricted by contract. 3.7 Public Works. If DEVELOPER is required by this Agreement to construct any improvements that will be dedicated to CITY or any other public agency upon completion, and if DEVELOPER is required by applicable laws to do so, DEVELOPER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. _ 3.8. Provision of Real Property Interests by CITY. In any instance where DEVELOPER is required to construct any public improvement on land not owned by DEVELOPER, DEVELOPER _ shall at its sole cost and expense provide or.cause to be provided, the real property interests necessary for the construction of such public improvements: This Section 3.8 is not intended by the _ parties to impose upon the DEVELOPER an enforceable duty to acquire land or construct anypublic EVELOPER, except to the extent that the DEVELOPER improvements on land not. owned by D elects to proceed with thedevelopmentof the Project, and then only in accordance with'valid . conditions consistent with the Development plan imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority. 3.9 Regulation by Other Public Aeencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. 3.10 Tentative Tract Mao Extension: Notwithstanding the provisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter - approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations. 3.11 Vesting Tentative Map any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code; Section 66410, et seq.) and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to DEVELOPER, then and to that extent,the rights and protections afforded DEVELOPER under the laws and, ordinances applicable to vesting maps shall supersede the provisions of this Agreement Except as set forth immediately above, development of the Property shall occur only as provided in. this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps.,. 4. PUBLIC BENEFITS. 4.1Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will. not be fully, met, by, the, Development Plan and further 14 acknowledge and agree, that this Agreement confers substantial private benefits on DEVELOPER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on DEVELOPER by providing more fully for the satisfaction of the public needs resulting from the Project.Developer's obligations . under this Section 4 shall survive any termination of this Agreement except termination under Section 75. 4.2 Development Impact Fees/Traffie Fee. 4.2.1 City Traffic Fee. DEVELOPER shall pay to the City a development impact fee (the "City Traffic Impact Fee") equal to the "fair share" cost of those traffic improvements allocable to the Property as determined by the Project traffic study in accordance with Government Code Section 66000 et seq. 4.2.2 Time of Payment. The City Traffic Fee required pursuant to Subsection 4.2.1 for the Property shall be paid to CITY on the dates set forth in Schedule 2, During the term of this Agreement, commencing as of the Effective Date, the City Traffic Fee shall not be increased with respect to this. Project, 4.2.3 In -Lieu Construction. DEVELOPER shall be entitled to credit against the City Traffic Fee for the construction of any of the improvements for which those fees are paid. Such ' credit shall be equal to the City's program costs for such improvements) listed on the "Fair Share" studies used by City to determine those fees. 4.3 Project Park Requirement. I 4.3.1 Quimby Fees. DEVELOPER currently contemplates the construction of 99 Condominium/townhouse DU's for. which DEVELOPER shall pay Quimby Act Fees in the amount and at the times set forth in Schedule -2 attached hereto in accordance with Chapter 21.32.040(D) of the City's Municipal Code (the "Quimby Act Fees"j. CITY agrees that the QuimbyAct Fees shall not be increased during the term of this Agreement. CITY and DEVELOPER agree that the Quimby Act Fees were determined by using the fair market value of land located in the CITY reasonably . suitable for park purposes as mutually agreed by CITY and DEVELOPER. 4.3.2- Improvement Credits. Completion of all park improvements to the satisfaction of City shall .be deemed to have fully satisfied all of DEVELOPER's. Quimby Act Fee obligations. 43.3 Park Improvement and Dedication. DEVELOPER shall constrict' and dedicate to CITY a fully improved neighborhood park on the Park Parcel described in Exhibit E and incorporated herein by reference,:: The plans and specifications for the, park, including grading, landscape, hardscape, signage, furniture and play equipment, are set forth in Exhibit F, and incorporated herein by reference.', The park shall be under co- nstructionby the time City issues a building permit for the 25" DU and completed to CITY's satisfaction prior to issuance, fa building permit for the 75a' DU of the Project; building permits after the 75" DU shall not be issued until and unless the park is timely commenced and completed to CITY.'s satisfaction,.'In the eventthat.the Walnut Valley Unified School District and / or developer, as applicable, -does. not convey the Park 15 4.5 Processing Fees, 4.5.1. DEVELOPER shall pay to CITY all applicable processing fees regularly charged by CITY, the amount of which may be increased from time to time on a City-wide, non- discriminatory basis, 4.5.2 Within 30, days of DEVELOPER'S receipt of an invoice from CITY, -.DEVELOPER shall reimburse CITY for additional costs incurred by,CITY in connection with_ preparing, reviewing, or evaluating this Agreement and the Development Approvals. Such reimbursement shall include staff time and materials charges in excess of those charges included within CITY'S usual processing fees, including overtime, and shall include the CityAttomey's fees. 4.5.3 DEVELOPER shall reimburse CITY for any and all actual costs incurred,, including staff time at standard CITY- rates, in monitoring and enforcing DEVELOPER's performance of its obligations hereunder. This reimbursement is exclusive ofthe annual review fee provided for in Section 5.1 herein, 4.6 No Additional Impact Fees. Except for the City Traffic Fee and the Quimby Fees, the City may not impose any new, additional, or increased Development Impact Fees upon the Property , during the term of this Agreement. DEVELOPER acknowledges that a reasonable relationship exists between the Development Impact Fees, Development Exactions and Processing Fees imposed herein and in the Development Approvals and the impacts of the Project on the City and the - community and CITY's costs of processing. DEVELOPER agrees not to challenge the legality of : the Development Impact Fees, Development Exactions and Processing Fees. 5. REVIEW FOR COMPLIANCE. 5.1 Periodic Review, The City Manager (or its designee) shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by DEVELOPER with the terms of the Agreement. DEVELOPER shall submit an Annual Monitoring Report, in a form acceptable to the City Manager (or its designee), within 30 days -after written notice from the City Manager (or its designee). The Annual Monitoring Report shall be accompanied by an_annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 5.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The City Manager (or its designee) shall conduct such special reviews. 5.3Procedure. , (a) During either a periodic review or a special review, DEVELOPER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on DEVELOPER. (b) - Upon completion of a periodic review or a special review, the City Manager (or its designee) shall submit a report to the City Council setting forth the evidence concerning- 17 good faith compliance by DEVELOPER with the terms of this Agreement and his or her recommended finding on that issue. (c) If the City Council finds on the basis of substantial evidence that DEVELOPER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded: - (d) If the City Council makes a preliminary finding that DEVELOPER has not complied in good faith with the terms and conditions of this Agreement, the City Council may _ modify or terminate this Agreement as provided in Section 5.4 and Section 5.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to DEVELOPER prior to or concurrent with, proceedings under Section 5.4 and Section 5.5. 5.4 Preece dings Upon Modification or Termination. If, upon afinding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to DEVELOPER of its intention so to do. The notice shall.be given at least ten calendar days prior to the scheduled hearing and shall contain: (a) The time and place of the hearing; i- (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and, (e) Such other information as is reasonably necessary to inform DEVELOPER of the nature.of the proceeding. 5.5 Hearing on Modification or Termination. Al the time and place set for the hearing on . modification or termination, DEVELOPER shall be given an opportunity to be heard. DEVELOPER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The.burdenpf proof.on this issue shall be on DEVELOPER. If the City Council finds, based upon substantial evidence, that DEVELOPER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this...Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 5.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or special review, DEVELOPER is found to be in compliance with this Agreement, CITY shall, upon request by DEVELOPER, issue a Certificate of Agreement Compliance ("Certificate") to DEVELOPER stating that after the most recent periodic or special review and based upon the information known or made known to the City Manager (or its designee) and City Council that (1) this Agreement remains in effect and (2) DEVELOPER is not in default. The Certificate shall be in recordable form,,shall contain information necessary.to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a periodic or special review and shall state the anticipated date of commencement of the next periodic review. DEVELOPER may record" the Certificate with the Los Angeles County Recorder. _18 Whether or not the Certificate is relied upon by assignees or other transferees or DEVELOPER, CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Manager (or its designee) or City Council. 6. PREVAILING WAGES. 6.1 - Public Works Determination. DEVELOPER has been alerted to the requirements of California Labor Code section 1770 et seg„ including, without limitation S.B. 975, which require the paymentof prevailing wage rates and the perf_onnance of other requirements if it is determined that this Development Agreement constitutes a public works contract. It shall be the sole _ responsibility of DEVELOPER to determine whether to pay prevailing wages for any or all work required by this Development Agreement. As a material part of this Development Agreement, DEVELOPER agrees to assume all risk of liability arising from any decision not to pay prevailing' Wages for work required by this Development Agreement. 6.2 Indemnification. As a further material part of this Development Agreement, DEVELOPER agrees to indemnify, defend and hold harmless the CITY, its officials, officers, employees, consultants and agents from any and all claims, liability, loss, costs, damages, expenses, fines and penalties, of whatever type or nature, including all costs of defense and attorneys' fees, arising from any alleged failure of the DEVELOPER or DEVELOPER's contractors to comply with the prevailing wage laws of the State of California. If the CIT_ Y or any of the other indemnified parties is named as a party in any, dispute, arising from the failure of DEVELOPER or DEVELOPER's contractors to pay prevailing wages, DEVELOPER agrees that the CITY and those other indemnified parties may appoint their own independent counsel, and DEVELOPER agrees to pay all attorneys' fees and defense costs of the CITY and the other indemnified parties as bi lled, in addition to all other damages, fines, penalties, and losses incurred by the CITY and those other indemnified parties as a result of the action. 7. DEFAULT AND REMEDIES. 7.1 (a) DEVELOPER's Remedies :-It is acknowledged -by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In addition, the parties,agree that monetary damages are not adequate remedy for DEVELOPER if CITY should be determined to bendefault hereunder. The parties further agree that specific performance shall be DEVELOPER's only remedy under this Agreement and DEVELOPER may notseekmonetary damages in the event of a default by CITY under this Agreement. DEVELOPER covenants not. to sue for or obtain monetary damages for breach by CITY of any provisions of this Agreement. (b) CITY's Remedies. The parties agree that CITY shall have limited remedies for monetary damages and specific performance as provided in this Section 7.� CITY shall not have any right to compel specific performance with respect to the construction of the Project or any obligation to construct the Project. Further, CITY shall have no righttomonetary damages as a result of DEVELOPER's failure to construct the project. However, CITY shall have the tight to sue for monetary damages for failure by DEVELOPER to pay any amounts owing under this 19 . Agreement including without limitation any amounts owing pursuant to Sections 4 and 5.1. In no event shall CITY be entitled to consequential damages or punitive damages for any breach of this Agreement. CITY shall also have the right to seek ents of the monetary damages for reimbursem actual costs incurred by CITY to construct, complete, demolish, remove or restore any physical infrastructure improvement in the public right of way that DEVELOPER commences constructing but fails to complete. Further, nothing in this Agreement precludes CITY from exercising its rights to enforce bonds or other security furnished by DEVELOPER to .CITY as required in the Development Plan; 72 Release. DEVELOPER,_ for itself, its successors and assignees, hereby releases the CITY, its officials, officers, agents and employees from any and all claims, demands, actions; or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article 1, Section19 of the California Constitution, the Fifth Amendmentof the United States Constitution, or any other law or to impose any other liability or damage, whatsoever, upon the CITY because it ordinance, that seeks entered into this Agreement or because of the terms of this Agreement. 7.3 Termination or Modification ofA eementforDefaultofDEVELOPER.Subjectto the provisions contained in Subsection 5.5 herein, CITY may terminate or modify this Agreement for any failure of DEVELOPER to perform any material duty or obligation of DEVELOPER under this Agreement, onto comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY. may terminate or modify this Agreement pursuant to this Section only after providing written notice to DEVELOPER of default setting forth the nature of the, default and the actions, if any, required by DEVELOPER to cure such default and, where the default can be cured, DEVELOPER has failed to take such actions and cure such default within 60 days after' the effective date,gf such notice or; in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 7.4 Termination of Appeement for Default of CITY. DEVELOPER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY. of default setting forth the nature of the ' default and the actions, if any, required by CITY to cure such default and, where the default can be ` cured, CITY has failed to take such actions and cure such default within 60 days after theeffective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within,such 60 day period and to diligently proceed to complete such actions and cure such default: 8. THIRD PARTY LITIGATION. 8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its General Plan, and thattheGeneral Plan meets all requirements of law. DEVELOPER has reviewed the General Ilan and concurs with CITY's determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to _ perform under this Agreement or the inability of DEVELOPER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial, determination that on the Effective Date, or at anytime thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. 8.2 Third Party Litigation Concerning Agreement, DEVELOPER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officials, officers, independent contractors, subcontractors, and employees from any claim, action or proceeding against CITY, its agents, officials, officers, independent contractors; subcontractors, or employees to attack, - set _aside,.void, or annul the approval of this Agreement or the approval. of any Subsequent Development Approval granted pursuant to this Agreement. CITY shall promptly notify DEVELOPER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify DEVELOPER of any such claim, action or proceeding, or if CITY fails to cooperate in. the defense, DEVELOPER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may, in its discretion, participate in the defense of any such claim, action or proceeding, at DEVELOPER's expense, with counsel of CITY's choosing.. 8.3 IndgnmiU. In addition to the provisions of Section 8.2 above, DEVELOPER shall indemni fy and hold CITY, its officials, officers, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of DEVELOPER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (DEVELOPER's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or, arising from the activities contemplated hereunder, including,.but not limited to, thestudy, design, engineering, construction, completion; failure or conveyance of the public improvements, save and except claims for damages to the extent arising through the gross active negligence or willful misconduct of CITY. DEVELOPER shall defend, at its expense, including attomeys' fees, CITY, its officers, officials, agents, employees, subcontractors and independent contractors in any action or proceeding based upon such alleged acts or omissions. CITY may, in its discretion, participate in the defense of any such action or proceeding. This indemnity provision shall survive the termination of this Agreement. 8.4 Environment Assurances. DEVELOPER shall indemnify and hold CITY , its officers, officials, agents, independent contractors, subcontractors, and employees free and harmless from any liability, based or asserted, upon any act or omission of DEVELOPER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns_and independent contractors ' for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials, independent contractors, subcontractors, agents and employees in Any action based or asserted upon any such alleged act or, omission. CITY may, in its discretion, paiticipatein the defense of any such action. 8.5 Reservation of Rights. With respect to Sections 8;2,,8.3 and 8.4 herein, CITY reserves. the right to either (1) approve theattomey(s) that DEVELOPER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its 21 own defense, provided, however, that DEVELOPER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor, 8.6 Survival; The provisions of this Sections 8.1 through 8.6, inclusive, shall survive the termination of this Agreement.- 4. MORTGAGEE PROTECTION, The parties hereto :agree that this Agreement shall not prevent or limit DEVELOPER, in any manner, at DEVELOPER's sole discretion; from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY- acknowledges that Mortgagees providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with DEVELOPER and representatives of such Mortgagees to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by DEVELOPER in the performance .of DEVELOPER's obligations under this Agreement. (c) If CITY timely receives a request from a Mortgagee requesting a copy of any' notice of default given to DEVELOPER under the terms of this Agreement; CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deedoftrust, or deed in. lieu of such. foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement..' Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of DEVELOPER's obligations or other affirmative covenants of DEVELOPER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by DEVELOPER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer 22 d► or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Los Angeles County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code, 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3 SeverabilityAfany term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the _ public benefits set forth in Section 4 of this Agreement; including the payment of the fees set forth therein, are essential elements of this. Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null. and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5 Section Headings: All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6- Singular and Plural. As used herein, the singular of any word includes the plural. 10.7 .; Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. . 10.8 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to -exercise its rights upon the default ofthe other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.:: 23 10.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10.10 Force Maieure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the. party's control, (including the party's employment force), government regulations, court actions (such as CEQA challenge(s); restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder maybe extended by the written agreement of the parties for . the period of time. that such events prevented such performance, provided that the term of this. Agreement shall not be extended under any circumstances for more than five (5) years. ' 10.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants tobeperformed hereunder by such benefited party. 10.12 Successors in Interest. The burdens of this Agreement shall bebindingupon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreementshall be enforceable as equitable servitudes and constitute covenants runningwith the land. Each covenant to door refrain from doing some act hereunderwith regard to development of the Property: (a) is for the benefit of and is it burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.13 Counterparts. This Agreement maybe executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.14 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any - provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles; State of California, and the parties hereto waive all provisions of law providing for the filing; removal or change of venue to any other court. 10.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and DEVELOPER is that of a govemment entity regulating the development of private property and the developer of such property. 10.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all 24 - 0 obligations under this Agreement and the satisfaction of the conditions of this Agreement, Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.18 Agent for Service of Process. In the event DEVELOPER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, DEVELOPER shall file with the City Manager (or its .designee), upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon DEVELOPER. If for any reason service of such process upon such agent is not feasible, then in such event DEVELOPER may be personally served with such process out of Los Angeles County and such service shall constitute valid service upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction of the Court referenced in Section 10.14 so obtained and waives any and all objections and protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). - 10.14 Authority to Execute: -The person or persons executingthis Agreement gr onbehalf of . DEVELOPER warrants and represents that he or she/they have the authority. to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or shelthey has/have the authority to bind DEVELOPER to the performance of its obligations hereunder: 10.20 DEVELOPER ACKNOWLEDGES AND AGREES THAT DEVELOPER THOROUGHLY REVIEWED THIS AGREEMENT THE-. RIGHTS AND OBLIGATIONS OF DEVELOPER UNDER THIS AGREEMENT, WITH LEGAL COUNSEL, AND DEVELOPER HAS EQUAL BARGAINING POWER AND THE REQUISITE EXPERIENCE, SOPHISTICATION, AND FINANCIAL STRENGTH TO UNDERSTAND, INTERPRET; AND AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS OF SECTION 4,4 OF THIS AGREEMENT. DEVELOPER ACKNOWLEDGES AND AGREES THAT IT HAS EVALUATED THE RISKS AND MERITS OF OBLIGATIONS AND BENEFITS OF THIS ;AGREEMENT AND I5 WILLING AND ABLE TO BEAR THE ECONOMIC RISK OF THIS AGREEMENT AND ALL REMEDIES RELATED THERETO. 25 STATE OF CALIFORNIA ) ')ss. COUNTY OF Los A>i s ) On 017-I before me, kfC7 STzsz a Notary Public in and for said county and. state, personally appeared = Ie�rT t-f S personally known to me to be the person whose name is subscribed to the within instrument and acknowledged tomethat he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal.. - JEB- - - - - _ Commlabn � leeatl4e Nor Pw� c�t�rw € Signature rMCamm,—Exdrfa--.Nhr 7.401 STATE OF CALIFORNIA ) ss. COUNTY OF Loom rJ � ) On21 '-no-7 beforemeMM'4c. PMnz `11 ',litbh,-Sallotary Public in and for said county and state, personally appeared S}c�r Tier personally known to me ( ) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS.my hand and official seal. Signature 7o MYE mmia ANNE 1734909 - Commlulon �' 1741904 - - 6 No1ory Public • C011101010_- _ - ■ los Angeles County - - p^ ow m epkWAP26.2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rr.,n...nr.y'.F.n�=.^.T�C G( -C•(✓ State of California ss. County of 21 bn o before me, Namo 60tl Tlllo 1'er (e.9. -done Doe; Notary Icy) - Data - oD -- personally appeared Name1e)olei0nel(e) - )-personally known to me or the basis al 6tisfaeler�e to be the personN whose name(si) is/are-subscribed to the within instrument and acknowledged to me that he(eheA4ey executed the same in histfherkheir e authorized capacity(i . and that by his/herkherr . on the instrument the person, or the EDNAA JOHNSON mmImlonrf1419983 slgnature(�4 entity upon.behalf of which the.personacted, Notary Publlo - Californiaexecuted @My the Instrument.Son Bernardino County Comm. E><Wras Jun 4-, 2007 WITNESS my hand and official sea]. V/y_ Place Notary Seal Above_ - - -. still al o ry Public OPTIONAL - is not required by law, ft may prove valuable to persons relying on the document Though the information below or this corm to another document. - - - and could prevent fraudulent removal and mattaehment Description ttached Document -` Title or Type of Docu Number of Pag _ - Document Date: . Signer(s) Other Than Named Above: Capacity(les) Claimed by Signers) - - - Signer's Name:. - S' ers _ O. Individual ❑ Corporate Officer—Title(s): ❑Individual ❑ Corporate Officer — tle(s): ❑ Partner —❑ Limited ❑ General ❑ -Partner -❑ Limited ❑ eral e ❑ Attorney 10 Fact - Top of thumb here ❑ Attorney in -Fact Top of thumb here O Trustee ❑ Trustee ❑ Guardian or Conservator O Guardian or Conservator -❑ Other. - - ❑ Other: - Signer Is Be enting:' Signer Is Representing: - - - 02oU4 National Notary r�swdatm, 9350 De $00 Ave.. P.O. Box 2402-Glettw0011, OA -91313-2402 Item No. 5901 Reo,dei: Call TOlFFme.18W-91F6921 Exhibit "A" mi Exhibit "Fl, City of Diamond Bar Larkstone Park General Specifications Revised 3/6/07 Overriding Consideration: Construction Plans and specifications for Larkstone Park shall be approved by the Community Services Director before the start of any work. The Improvement information set forth below shall serve as the general specifications for the construction of Larkstone Park. The Community Services Director, City Manager and other City staff shall cooperate with Developer in the finalization of the specific plans and specifications, share information with Developer concerning the procurement of improvement materials (such as benches, play equipment, etc.) for existing City parks (Pantera Park, Starshine Park, etc.), and shall be flexible in final park specifications, all in a good faith effort to keep Developer's expense for improvement of Larkstone Park reasonable. The project plans and specifications utilized include: 1. Sycamore Canyon Park Trail and Trail Head Project completed January 10,:2006, 2., Starshine Park Improvement Project completed • June 29, 2005:' 3. Sycamore Canyon Park Improvement Project Phase II completed August 10, 2005. 4. Brea Canyon Cut-off Improvement Project completed December 8, 2005.' 5. Brea Canyon Road f Gemdal Landscape Project completed. December 8, 2005. 6. Diamond Bar Center Landscaping Plan approved by City Council October 5, 2004. - 7. Pantera Park Pre -fab restroom building currently under design by RJM Design Group. -+--.. •."�" •. �•+���+�� wnb11uld1u1I a5 Of J/b/U( . Improvements to Upper Pad: 1. Tot Lot for 5-12 year olds with accessible fibar surfacing and sump drain. • Landscape Structures Play Equipment per Starshine Park specs (#2 above): • Fibar Surfacing per Sycamore Canyon Park Improvement Projec above). t Phase 111 specs (#8 Sump Drain per Starshine Park specs (#2 above): 2: Tot Lot for 2-5 year olds with accessible flbar surfacing and sump drain. • Landscape Structures Play Equipment per Starshine Park specs (#2 above). ; • Fibar Surfacing per Sycamore Canyon Park Improvement Project Phase III specs (#8 above). , •. Sump Drain per Starshine Park specs (#2. above)... 3. Concrete Perimeterwalkway with security lights and 4 trash receptacles. 5 foot wide X 4 inch thick concrete walkway per. Starshine Park specs (#2 above). Trash receptacles (Quick Crete model QRCAL-2436-WD19-P2. Light.Sandblast- Natural Gray C-1) per Sycamore Canyon Park Improvement Project Phase II specs (#3 above). - Security Lights manufactured.by Kim, model 1A/AR3/250MH/120/DB- P/W/PRA20/4188/A/DB-P per Starshine Park specs (#2 above). 4. Trail head to Larkstone Trail per Sycamore Canyon Park Trail and Trail Head specs (#1 above) Single -sided Information Kiosk model L1087 from R.G., Detmers & Asso. • 5 foot wide X 3 inch thick decomposed granite path with binder from Gail Materials. 5. Grass .play area • Marathon II Sod per- Sycamore Canyon, Park Trail and Traii Head specs (#1 above). 6. Picnic. area with 1 table, 1 barbecue and 1 trash receptacle per location -- 2 locations Concrete pads, concrete picnic tables (Quick Crete model 4-LBT 96PT),.barbecues (LA Steelcraft model 300) and trash receptacles (Quick Crete model QRCAL- 2436-WD19-P2 Light Sandblast -Natural Gray C 1) per Sycamore Canyon Park Improvement Project Phase II specs (#3 above). 7. Park benches — 3 each Wabash Decorative benches per Sycamore Canyon Park Trail and Trail Head specs (#1 above). 8. Drinking fountain Most Dependable Fountains model 440 with sand trap and sump drain per Sycamore Canyon Park-Trailand T -rail Head -specs' (#l`above)---- 9. Restroom building. ;- • 400. sq ft. pre -fab building from The Public Restroom Company per Panfera Park. Prestroom specs (#7 above). Security lights required onroutside of building. Automatic electrical timer to restroom lights and all security lights in Larkstone Park.. • Electrical outlets outside building for two beverage vendor machines (vendors to be provided by others). 10. Parking lot for 11 cars plus one handicap stall per Sycamore Canyon Park frail and Trail Head specs (#1, above). 2''/2" Class 'C' A.C. Pavement. 2" of Y4" Minus crushed rock leveling course. 6" of 1'/2" Minus crushed rock base. • 190% compacted subgrade: . 'Security Lights manufactured by Kim, model lA/AR3/250MH/120/DB- P/w/PRA20/4188/A/D13-P per Starshine Park specs (#2 above). nument sign at StarshinePark. 11. Monument park identification sign per existing mo' Calsense Controller model ET2000-24-RR-SSE-R-FM-1 B Radio Controlled per Brea Canyon Cut-off Improvement Project specs (#4 above).* . • Febco Backflow device with stainless steel protective cage from Strongbox, model SBBC-45SS per Starshine Park specs (#2 above).* • Remote Control Valves from Hunter, model IVC -101G -FSB -ASR in purple valve box per Starshine Park specs (#2 above). • . Must meet all WVWD Recycled Water requirements including purple pipe and purple boxes. 13. Trees to be planted per Starshine Park specs (#2 above). • Trees to include are: London Plane, Liquid Amber, Jacaranda, Canary Island Pine, Camphor, Australian Willow and crape myrtle as an accent tree. _ • Trees to be minimum size of 24 inch box, Improvements to Lower Pact: 1. Concrete Perimeter walkway with security lights and 4 trash receptacles. • 5 _foot wide,X 4 inch thick concrete walkway per Starshine Park specs (#2 above). Trash receptacles (Quick Crete model QRCAL-2436-WD19-P2 Light Sandblast - Natural Gray C-1) per Sycamore Canyon Park Improvement Project Phase 11 specs (#3 above). , • . Security Lights manufactured by Kim, model 1A/AR3/250MH/120/DB- _P/W/PRA20/4188/A/DB-P per Starshine Park specs (92 above). 2. Grass play area --------- • Marathon II Sod per Sycamore Canyon Park Trail and Trail Head specs (#1 above): 3.. Picnic area with 1 Table, 1 barbecue and 1 trash receptacle =1 location • - Concrete pad, concrete picnic table (Quick Crete model Q-LBT-96PT), barbecue (LA Steelcraft model 300) and trash receptacle (Quick Crete model QRCAL- 2436-WD19.-P2 Light Sandblast -Natural Gray C-1) per Sycamore Canyon Park Improvement Project Phase 11 specs (#3 above). 4. prinking fountain • Most Dependable Fountains model 440 with sand trap and sump drain per Sycamore Canyon Park Trail and Trail Head specs (#1 above). 5. 'Flowering garden area per planting plan specs for Brea Canyon Road / Gerndal Landscape Project (#5 above). + Planting material to include: Indian Hawthorn, Rockrose, Lily of the Nile, Daylily, Pink Carpet Rose, Gazania Mitsuwa 'Yellow" and Crape Myrtle trees. 6. Parking lot for 6 cars including one handicap stall per Sycamore Canyon Park Trail and Trail Head specs (#1 above): 2" of %" Minus crushed rock leveling course. 6" of 1'/z' Minus crushed rock base. 90% compacted subgrade. Security lights manufactured by Kim, model 1A/AR3/250MH/120/DB- PNN/PRA20/4188/A/DB-P per Starshine Park specs (#2 above). 7.. Park benches —2 each Wabash Decorative benches per Sycamore Canyon Park Trail and Trail Head specs (#1.above): B. Monument park identification sign per existing monument sign at Starshine Park. 9. Automatic irrigation controller (Edison powered) and irrigation system. Calsense Controller model ET2000-24-RR-SSE-R-FM-1 B Radio. Controlled per Brea Canyon Cut-off Improvement Project specs (#4 above) " Febco Backflow device with stainless steel protective cage from Strongbox, model SBBC-458S per Starshine Park specs(#2 above).' • Remote Control Valves from Hunter, model IVC-101 G-FSB-ASR in purple valve box per Starshine Park specs (#2 above). • Must meet all WVWD Recycled Water requirements including purple pipe and purple boxes. 10. Trees to be planted per Starshine Park specs (#2 above). .......... — : — rees o�inclu ed are. -F on Plane,-Liquid mbar, Jacaranda, Canary Island Pine, Camphor, Australian Willow and crape myrtle as an accent tree. Trees to be minimum size of 24 inch box. Slopes Planting: 1. Planting Plan Per Diamond Bar Center Landscaping specs (#6 above) Automatic irrigation controller (Edison powered) and irrigation system per Brea Canyon Cut-off_ Improvement Project specs (#4 above).` • Calsense Controller model ET2000-24-RR-SSE-R-FM-1B Radio Controlled per Brea Canyon Cut-off.Improvement Project specs (#4 above).* • Febco Backflow device with stainless steel protective cage from Strongbox, model SBBC-45SS per Starshine Park Improvement Project (#2 above).' • Remote Control Valves from Hunter, model IVC-101G-FSB-ASR In purple valve box per Starshine Park specs (#2 abQve). • : Must meet all WVWD Recycled Water requirements including purple pipe and purple boxes. < Slope planting material to include: Oaks, California Peppers, Walnuts, London Planes (trees to be minimum 24 inch box), toyon, pyracantha, acacia redolens and cotoneaster per Diamond Bar Center Landscaping specs (#6 above). 4! m m m Z O C) Dv -0 XZ ClA0c� II = II II II -II Z II _q 0 D Z P�C G O` v r Z Z C - - 0 (n Z n W z X 3, 0 R C)�p D2� F m3> A G �a nM mcnAc) <o �Z m p 0 O O O p O ^ N J S r v 0 m o Z 9 J- N .._ 3 a: D. � m� D m 'm � O N D O S m (n o 3 p' o: z N o v �. � � o � A Z _0 _m. 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Items for consideration are listed on the attached agenda. I am employed by the City of Diamond Bar. On March 9, 2012, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on March 9, 2012, at Diamond Bar, California. Ste a Marquez Community Development epartment CWgstelIa\aff idavitposting.doc CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) I, Stella Marquez, declare as follows: On March 13, 2012, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at City Hall, Windmill Community Room, 21810 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I am employed by the City of Diamond Bar. On March 9, 2012, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on March 9, 2012, at Diamond Bar, California. Ste a Marquez Community Development epartment CD:\zstel I a\alii day i (post ing. doc 0 t