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HomeMy WebLinkAbout06/12/2012 PC AgendaPLANNING COMMISSION FILE COPY AGENDA June 12, 2012 7:00 P.M. City Hall Windmill Community Room 21810 Copley Drive Diamond Bar, CA 91765 Chairman Jimmy Lin Vice Chairman Steve Nelson Commissioner Frank Farago Commissioner Jack Shah 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 21810 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 21810 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) 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. I I I Please refrain from smoking, eating or The City UI Diamonu Dar uses rooyuuu Novo' drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, General Agendas (909) 839-7030 email: info(a)ci diamond-bar.ca.us Cassette Tapes of Meetings (909) 839-7030 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, June 12, 2012 FIXICl ■ CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2012-15 1. ROLL CALL: COMMISSIONERS: Chairman Jimmy Lin, Vice Chairman Steve Nelson, Frank Farago, Jack Shah, Tony Torng 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntary) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: May 22, 2012. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit No. PL2012-124 — Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant, Saul Jaffe, and the property owner, Golden Tree Group, Inc., are requesting Conditional Use Permit approval to permit the expansion of an existing emergency veterinary clinic. The subject property is zoned Office Professional (OP) Project Address: 934 and 938 N. Diamond Bar Blvd. JUNE 12, 2012 PAGE 2 PLANNING COMMISSION AGENDA Property Owner: Golden Tree Group, Inc. 1225 W. Lincoln Ave. Anaheim, CA 92805 Applicant: Saul Jaffe 618 W. Baseline Rd. Claremont, CA 91711 Environmental Determination: The City has determined that this project is 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 CEQA, pursuant to Article 19 under Section 15301(a) (interior alterations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines. Recommendation: Approve Conditional Use Permit No. PL2012-124, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution 7.2 Development Review No. PL2011-515 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant, Pete Volbeda, and the property owners, Raymond and Vivian Obiamalu, are requesting Development Review approval to demolish the existing residence and construct a new 15,049 square -foot single family residence on a 1.08 gross acre (47,045 square -foot) lot. The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. Project Address: 2234 Feather Rock Rd Property Owner: Raymond and Vivian Obiamalu 2234 Feather Rock Rd. Diamond Bar, CA 91765 Applicant: Pete Volbeda 180 Benson Ave., Unit D Upland, CA 91786 Environmental Determination: The City has determined that this project is 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(a) (one single-family residence in a residential zone) of the CEQA Guidelines. JUNE 12, 2012 91 a PAGE 3 PLANNING COMMISSION AGENDA Recommendation: Approve Development Review PL2011-515, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future protects: SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY COUNCIL MEETING: 2008-2014 HOUSING ELEMENT SCOPING MEETING: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Thursday, June 14. 2012 - 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Tuesday, June 19, 2012 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, June 21, 2012 — 6:30 p.m. Pantera Park Activity Room 738 Pantera Drive Tuesday, June 26, 2012 — 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Thursday, June 28, 2012 Diamond Bar City Hall Windmill Community Room 21810 Copley Drive MDRk-T MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 22, 2012 CALL TO ORDER: Chairman Lin called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Torng led the Pledge of Allegiance. 1 2. 3 13 ROLL CALL: Present: Commissioners: Frank Farago, Jack Shah, Tony Torng, Vice Chairman Steve Nelson, and Chairman Jimmy Lin. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; and Stella Marquez, Administrative Coordinator. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 8, 2012. C/Shah moved, VC/Nelson seconded, to approve the Minutes of the Regular Meeting of May 8, 2012, as revised per C/Torng. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None Farago, Shah, Torng, VC/Nelson None Chair/Lin None 6.1 Review of Fiscal Year 2012-2013 Capital Improvement Program (CIP) - Finding Conformity with the General Plan. SP/Lee presented staff's report and recommended that the Planning Commission adopt a Resolution finding the proposed Fiscal Year 2012- 2013 Capital Improvement Program in conformance with the City's General Plan. MAY 22, 2012 PAGE 2 PLANNING COMMISSION VC/Nelson asked how much of the budget for traffic involves cut -through traffic and CDD/Gubman responded that it is largely pass-through traffic that burdens the local street system. VC/Nelson asked if Diamond Bar was responsible for paying for that and CDD/Gubman responded that Diamond Bar is scheduled for ongoing traffic enhancement and if there are projects that are occurring outside of the City where through studies there is a demonstrated impact on intersections to the City, Diamond Bar has some standing in requesting mitigation from those projects outside of the City. Otherwise, there are funding sources that the Public Works Department continually seeks to help offset the local burden of paying for those improvements. VC/Nelson said that for example, if the Industry stadium is built, what percentage of monies that would have to go toward safety, transportation and traffic management would come from the City of Industry to which CDD/Gubman reiterated that the negotiated settlement with the City of Industry is going to include a lump sum of $20 million for the purpose of addressing traffic impacts to the City. There will also be an annual payment to the City thereafter of a minimum of $700,000 up to over $1 million which would be adjusted for inflation and based on the actual number of events that occur at the stadium. The fundamental intent of those payments is to offset traffic impacts as well as, other currently unforeseen quality of life impacts that are directly correlated with the stadium operations. VC/Nelson said that if a 3,000 unit project were to be approved in the City of Chino Hills near Grand Avenue, what percentage of the mitigation costs would come from that project. CDD/Gubman responded that there would be a traffic impact analysis that would accompany the environmental review of such a project and there would be intersections that would be studied for existing and future conditions and the improvements required to be made to those intersections to improve levels of service either previously identified or identified as a result of the analysis, would prompt a calculation of the percentage of additional traffic that would flow through a particular intersection as a result of the project. VC/Nelson asked if CDD/Gubman felt the City received a fair value from this type of project and CDD/Gubman responded that for this type of project it is somewhat fair. What is not fair is all of the projects that have cumulatively occurred that have created a burden at a particular intersection because those developers are long gone and the impact remains. Although Diamond Bar uses Chino Hills' intersections as well, Diamond Bar uses their intersections a lot less than they use ours. VC/Nelson said his point was that he would not want the citizens of Diamond Bar losing money to Parks and Recreation so that it can deal with the effects of Chino Hills' growth. T MAY 22, 2012 PAGE 3 PLANNING COMMISSION C/Torng said he was interested in the transportation infrastructure projects and asked for verification that it was not paid for with Diamond Bar money. CDD/Gubman responded that based on the information on the chart $450,000 is from the City's General Fund and the remainder comes from regional, state and federal funding sources. C/Torng asked which ramps would be closed for the Lemon Avenue Interchange project. CDD/Gubman responded that for Brea Canyon Road, the entrance and exit at Golden Springs Drive will be closed. Brea Canyon Road will remain open and the Lemon Avenue on/off ramps would be in addition to those. C/Shah said that the City is spending a lot of money on a traffic signal at Shotgun which serves only The Country Estates when there is a traffic signal a short distance away and what justifies the City spending that kind of money on that traffic signal when there is a traffic signal for the Diamond Bar Center only a few feet away. CDD/Gubman responded that the intersection in question is the "offset" intersection that serves the Diamond Bar Center as well as, The Country Estates. SP/Lee said she was told that it serves to realign so that "The Country Estates" has direct ingress/egress. C/Torng stated that the report refers to ongoing negotiations with The Country Estates to decide what the shared expense will be. SP/Lee referred C/Shah to Page 4 of staff's report which states that "The City will be presenting to the HOA to see if there is any buy -in and willingness to participate in the cost of the improvements." C/Farago asked who benefits from the signal and C/Shah said "just the Country." C/Farago said if that is the case, would not The Country Estates burden the entire cost? C/Shah said there is a right turn movement only with a significantly large queuing lane (on their property to prevent traffic backup on Grand Avenue) at Shotgun. When residents exit the community they have a traffic signal light and he believes that if they want a traffic signal light they should pay for it. CDD/Gubman responded that this is a good example of traffic improvements in terms of its intrinsic benefit to the circulation system being consistent with the General Plan because it does improve the overall circulation system within the City. The City Council requires the finding that the Planning Commission makes that this improvement, along with all of the others further the goals and objectives of the General Plan. The City Council has to make the decision on the actual expenditures of funds for specific project so the appropriateness or whether these monies should be spent elsewhere is a fiscal decision for the City Council to consider. So that debate is one that the City Council will need to take into account along with all of the other line items in the Capital Improvement Plan for the upcoming Fiscal Year LORAFT MAY 22, 2012 PAGE 4 PLANNING COMMISSION and certainly through the minutes that are going to be presented to the City Council with this Resolution, depending on what the Planning Commission adopts today. Therefore, the Commissioner's input will be provided on that matter. Chair/Lin asked if the Commission could include an addendum or attach a comment about this particular item with the motion. CDD/Gubman said that the Commission could craft a finding or recital in the Resolution for the General Plan consistency which puts this particular budget item of interest into the Resolution with some reservations. Chair/Lin stated that typically, when a development occurs in one city the neighboring city can act as a proponent or opponent of the proposed project. Unfortunately, traffic does not have a boundary. Chair/Lin asked why the Grand Avenue widening project was not in the CIP report. CDD/Gubman responded that that project is not being funded by the City but by the City of Industry. CDD/Gubman recommended that under Section 8 of the Resolution a sixth recital be added to wit: Whereas, during the deliberations at its May 22, 2012, meeting, the Planning Commission expressed reservations regarding the extent of the City's contribution toward the Shotgun Lane intersection improvements and that an appropriate fair -share from "The. Country Estates Association" should be considered as a significant funding source. C/Shah moved, VC/Nelson seconded the motion with the provision that the addendum language be strengthened by eliminating the term "reservations" and indicating the Commissions belief that "The Country Estates" Homeowners Association should pay for all improvements to Shotgun Lane, to adopt a Resolution finding the proposed Fiscal Year 2012-2013 Capital Improvement Program in conformance with the City's General Plan with the addition of the amendment regarding Shotgun Lane. Chair/Lin said he would be abstaining from the roll call vote on this item because he believed his company was involved in the Shotgun intersection design. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Lin ABSENT: COMMISSIONERS: None 1DRAFT MAY 22, 2012 PAGE 5 PLANNING COMMISSION 7. PUBLIC HEARINGS: 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman confirmed that the next Planning Commission meeting will be held on June 12, 2012. There are currently two public hearing items scheduled for the agenda, one for an expansion of the emergency veterinary hospital on Diamond Bar Boulevard in the Oak Tree Lanes Shopping Center and the second item is for a new custom home in The Country Estates. CDD/Gubman stated that regarding the Ralphs space, as of today, negotiations are still moving forward with some deal points yet to be resolved between the grocery tenant and the shopping center owner. CDD/Gubman asked the Commissioners to consider comments he heard about the roll call vote custom. The custom is that it is alphabetical for the three commissioners .that are not VC or Chair and the last two names in the roll call are the VC and Chair, in that order. That has been the custom in Diamond Bar but it is not etched in stone. One of the consequences of that is that the same person is always casting the first vote and the same person is always casting the deciding vote in any given year. There are other ways roll call can be conducted whether it be rotational or a hybrid of that where the VC and Chair are casting the final two votes but the other three votes being cast are on a rotating basis. If the Commission wishes to change the way the roll is called during the voting procedure this can be discussed now or at a future meeting. Chair/Lin said he was comfortable with the current roll call method unless there was a controversial matter. VC/Nelson said that historically, the roll call format had always been to call on the maker of the motion first, the seconder of the motion next, and then finish in the succession with the remaining commissioner(s). Chair/Lin agreed that roll call vote would go forward with this method. 9.1 Public Hearina dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. n DRArT MAY 22, 2012 PAGE 6 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Lin adjourned the regular meeting at 7:42 p.m. to June 12, 2012. The foregoing minutes are hereby approved this 12th day of June, 2012. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jimmy Lin, Chairman 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: 7.1 MEETING DATE: June 12, 2012 CASE/FILE NUMBER: Conditional Use Permit No. PL 2012-124 PROJECT LOCATION: 934 & 938 N. Diamond Bar Blvd., Diamond Bar, CA 91765 (APN 8706-002-021 & 8706-002-022) PROPERTY OWNER: Wally Courtney Golden Tree Group, Inc. 1225 W. Lincoln Ave. Anaheim, CA 92805 APPLICANT: Saul Jaffe Claremont Law Group/East Valley Emergency Pet Clinic 618 W. Baseline Rd. Claremont, CA 91711 Summary The applicant is requesting a Conditional Use Permit to allow the expansion of an existing 3,867 square -foot veterinary clinic (dba East Valley Emergency Pet Clinic) located in Oak Tree Plaza at the southeast corner of Diamond Bar Boulevard and Highland Valley Road, in the Office Professional (OP) zone. The current business hours—Monday through Thursday from 6:00 pm to 8:00 am and Friday 6:00 pm through Monday 8:00 am—are proposed to remain the same. The proposed expansion will not negatively impact other existing businesses at Oak Tree Plaza. After evaluating the submittal, it is staff's conclusion that the proposed Conditional Use Permit application complies with the City's development standards, and that the required Conditional Use Permit findings set forth in the Development Code can be made in the affirmative. Therefore, staff recommends that the Planning Commission approve Conditional Use Permit No. PL2012-124, based on the findings of fact, and subject to the conditions of approval contained in the attached Resolution. BACKGROUND: Site Description East Valley Pet Clinic is an existing business within Oak Tree Plaza, located at the southeast corner of Diamond Bar Boulevard and Highland Valley Road. The clinic currently occupies a 3,867 square -foot tenant space. The property was developed in 1980 under Los Angeles County standards with a 70,816 square -foot shopping center on 5.05 gross acres. The site is legally described as Lot 18 of Tract No. 34803, and the Assessor's Parcel Numbers (APN) are 8706-002-021 & 8706-002-022. Site and Surroundina General Plan. Zoning and Land Uses Conditional Use Permit No. PL 2012-124 Page 2 of 5 General Plan Designation Zoning District Land Use Retail, Office and Restaurant Site Commercial Office OP Uses Si and North Commercial Office RL & RMH Multi-Single Residential e Retail, Office and Restaurant South Commercial Office OP Uses East Medium Density Residential RLM Multi-Famil Residential West N/A N/A 57 Freewa Conditional Use Permit No. PL 2012-124 Page 2 of 5 ANALYSIS: Review Authority (DBMC Section 22.58) A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. The OP zone requires approval of a CUP for a veterinary clinic and animal hospital. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In other words, if the owners of the proposed veterinary clinic were to close the business after it has begun operating, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to further expand the clinic without full review and approval by the Planning Commission. Proiect Description East Valley Emergency Pet Clinic provides emergency services for injured animals in the Diamond Bar area. The clinic provides these services during the hours and days when non- emergency veterinary offices are closed. The proposed project entails a tenant improvement expansion into an existing 2,877 square - foot unit adjacent to the existing veterinary clinic, totaling 6,754 square feet. There is no square footage being added to the existing shopping center. The proposed tenant improvements include removing portions of the existing demising wall between the two units, as well as constructing new partition walls, and installing new electrical and plumbing fixtures. Exterior improvements are limited to necessary upgrades to comply with the Americans with Disability Act (ADA) and exiting requirements The existing hours of operation for the pet clinic are Monday through Thursday from 6:00 pm to 8:00 am and Friday 6:00 pm through Monday 8:00 am. The business hours will not change with the proposed expansion. With the expansion of the facility, staffing is proposed to increase from 15 to 20 employees. Parking and Circulation There are currently 320 parking spaces at Oak Tree Plaza. Staff does not foresee any parking issues because most of the businesses at the shopping center are open from 9:00 Conditional Use Permit No. PL 2012-124 Page 3 of 6 am to 5:00 pm Monday through Friday and East Valley Emergency Pet Clinic is open Monday through Thursday from 6:00 pm to 8:00 am and Friday 6:00 pm through Monday 8:00 am. Additionally, the proposed project is for a tenant improvement expansion into an adjacent space and no additional square -footage is being proposed to the center. Therefore additional parking spaces will not be required. Compatibility With Neighborhood The shopping center has a .diversity of uses, including a liquor store, restaurants, professional offices, a bowling alley, and other retail and service uses. As such, the operational characteristics of the veterinary clinic are compatible with the existing uses in the shopping center. Veterinary clinics are appropriate in neighborhood -serving commercial and office districts their client base is largely from the local residential population, and because veterinary offices are generally benign land uses. The veterinary clinic is located approximately 280 feet from the nearest residences, located east of Oak Tree Plaza. Access to the property will be from Diamond Bar Boulevard to the parking area located at the front of the shopping center. Customers enter the facility through the front entrance which is accessible from the front parking area. In addition, there are no existing or anticipated compatibility or noise issues with the existing and proposed expansion of the business. Accessibility The California Building Code (CBC) as well as the Americans with Disabilities Act have requirements for upgrades to existing facilities. When modifications are done to a building, retroactive upgrades for disabled access are required, pursuant to CBC 1134B.2.1. Upgrades for disabled access include parking, path of travel, entrances, bathrooms, and other related facilities. The CBC upgrades may also include new signage, curb ramps, code changes adopted throughout the years, changing out door knobs, or upgrading existing bathrooms. It is very important that the landlord and tenant consult with a professional to determine which upgrades are required to their pre-existing site. The review of the existing site is important since every site is unique and the majority of existing sites are in need of several upgrades. Accessibility improvements will be requested during the Building and Safety plan check process. The tenant and property owner are responsible for completing these improvements. Additional Review The Public Works Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site on June 1, 2012, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on June 1, 2012. The project site was posted with a Conditional Use Permit No. PL 2012-124 Page 4 of 5 notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. PUBLIC COMMENT: 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(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment #1) approving Conditional Use Permit No. PL2012-124, to allow an expansion of a veterinary clinic, based on the findings of DBMC Section 22.58, subject to conditions of approval as listed within the draft resolution. Prepared by: Natalie Tobon Planning Technician Attachments: Reviewed by: Grace Lee Senior Planner 1. Draft Resolution No. 2012 -XX and Conditions of Approval 2. Site Plan and Floor Plan Conditional Use Permit No. PL 2012-124 Page 5 of 5 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2012 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2012-124, TO PERMIT THE EXPANSION OF AN EXISTING 3,867 SQUARE -FOOT VETERINARY CLINIC TO A TOTAL OF 6,754 SQUARE FEET OF EXISTING COMMERCIAL LEASE SPACE IN OAK TREE PLAZA, LOCATED AT 934 AND 938 NORTH DIAMOND BAR BLVD., DIAMOND BAR, CA (ASSESSOR'S PARCEL NO. 8706-002-021 & 8706-002-022). A. RECITALS 1. Property owner, Golden Tree Group, Inc., and applicant, Saul Jaffe, representing East Valley Emergency Pet Clinic, have filed an application for Conditional Use Permit No. PL 2012-124 to permit the expansion of an existing 3,867 square -foot veterinary clinic ("Proposed Use') totaling of 6,754 square feet of existing commercial lease space located at Oak Tree Plaza. The project site is more specifically described as 934 and 938 North Diamond Bar Blvd., Diamond Bar, Los Angeles County, California ("Project Site"). 2. The subject property is comprised of two parcels totaling 5.05 acres. It is located in the Office Professional (OP) zone with an underlying General Plan land use designation of Commercial/Office. 3. The legal description of the subject, property is Lot 18 of Tract No. 34803. The Assessor's Parcel Numbers are 8706-002-021 & 8706- 002-022. 4. On June 1, 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 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on June 1, 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 June 12, 2012, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing to consider the Proposed Use, 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: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines the Proposed Use to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 22.58 this Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findings (DBMC Section 22.58) The Proposed Use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code; Pursuant to DBMC Section 22.10.030, Table 2-6, a veterinary clinic is permitted in the OP zoning district with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed use will be compatible with neighboring uses in the shopping center. 2. The Proposed Use is consistent with the general plan and any applicable specific plan; The Proposed Use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses') in that the proposed veterinary clinic meets Strategy 1.3.3 because the proposed expansion of the veterinary clinic provides services to Diamond Bar residents. The Project Site is not subject to the provisions of any specific plan. 2 CUP PL2012-124 3. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity; The Proposed Use is located within a multi -tenant shopping center occupied by a liquor store, restaurants, professional offices, a bowling alley, and other retail and service uses. As such, the operational characteristics are compatible with the existing uses within the shopping center. In addition, veterinary clinics are appropriate in neighborhood -serving commercial and office districts because their client base is largely from the local residential population, and veterinary offices are generally benign land uses. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with the other uses within the shopping center. 4. The subject property is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The Project Site is located within an existing commercial shopping center that currently has numerous diversity of uses, including a liquor store, restaurants, professional offices, a bowling alley, and other retail and service uses. The Proposed Use is physically suitable with the subject site because it will be located in an existing building and no additional square -footage is being proposed. Additionally, the Proposed Use is intended to operate within an existing shopping center and will be using existing access and parking in the existing shopping center. 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and Prior to the issuance of any city permits, the Proposed Project is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The Proposed Use has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The Proposed Use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a) (Interior alterations involving partitions and 3 CUP PL2012-124 electrical conveyances) of the CEQA Guidelines. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2012-124 subject to the following conditions: The establishment is approved as a veterinary clinic as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2012-124 dated June 12, 2012, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use'. The Use shall be limited to a veterinary clinic. 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. This Conditional Use Permit shall be valid only for 934 and 938 North Diamond Bar Boulevard, as depicted on the approved plans on file with the Planning Division. If the proposed use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 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 the property owners, Golden Tree Group, Inc., c/o Wally Courtney, 1225 W. Lincoln Ave. Anaheim, CA 92805; and applicant, Saul Jaffe, 618 W. Baseline Rd., Claremont, CA 91711. 4 CUP PL2012-124 APPROVED AND ADOPTED THIS 12TH DAY OF JUNE 2012, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. MO. Jimmy Lin, 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 Barg at a regular meeting of the Planning Commission held on the 12th day of June 2012, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 5 CUP PL2012-124 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2012-124 SUBJECT: To allow the expansion of an existing veterinary clinic to an adjacent unit located at Oak Tree Plaza PROPERTY Oak Tree Group, Inc., 1225 W. Lincoln Ave., OWNER(S): Anaheim, CA 92805 APPLICANT: Saul Jaffe 618 W. Baseline Rd., Claremont, CA 91711 LOCATION: 934 and 938 N. Diamond Bar Blvd., Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Conditional Use Permit No. PL 2012-124 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant 6 CUP PL2012-124 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 property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. PL 2012-124 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. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance 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. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as 7 CUP PL2012-124 required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. PL2012-124 shall expire within two (2) years from the date of approval if the use has not been exercised as defined per DBMC 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Where fire sprinklers are existing, LA County Fire Department approval is required. No framing inspections will occur until approval from Fire Department is obtained. 3. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 4. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or work has discontinued and not been signed -off on the job card by the building inspector. 5. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mona — Sat. between the hours of 7:00 a.m. and 7:00 p.m. 6. All structures and property shall be maintained in a safe and clean 8 CUP PL2012-124 manner during construction. The property shall be free of debris, trash, and weeds. 7. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 8. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 9. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the Title 24 accessibility requirements. Existing components shall be upgraded to current code per CBC 11346.2.1. 10. "Separate permit shall be required for any changes or modifications to all wall and monument signs" and shall be noted on plans. 11. Number of plumbing fixtures shall be in compliance with CPC T-4-1. 12. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 13. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height G. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 14. Verify adequate exit requirements. The distance between required exits shall be %2 of the building diagonal. 15. Specify location of tempered glass as required by code. 0 CUP PL2012-124 16. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 17. AQMD notification is required at least 10 days prior to any demolition. 18. All workers on the job shall be covered by workmens compensation insurance under a licensed general contractor. 19. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. END 10 CUP PL2012-124 �M 0AKTRE E OAKTREE BOWLING CENTER UnERSECT9w DIAMOND BAIT BLVD, 'LAZA NN= MON gt,, A M { Attachment 2 rT 66 1 1 O rJ w Z. cl1 N M. s .0 p mcc Q � r 1,fC D ? r� i N p O •_ C s LL s P aaY7�.= p a j t] .: Pix Q ♦ i i Q aL 1 ♦ i w Q i Q J • D c w a � -y r y U p X U � ♦ P N c Z of d. k- ♦� N a Hbb CX a t', V it- _ a- U Q 4 0- x of J W Q k- to LLIV K'♦♦♦b]] 1. , ' 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: 7.2 MEETING DATE: June 12, 2012 CASE/FILE NUMBER: Development Review No. PL2011-515 PROJECT LOCATION: 2234 Feather Rock Rd., Diamond Bar, CA 91765 (APN 8713-030-014) PROPERTY OWNER: Raymond and Vivian Obiamalu 2234 Feather Rock Rd. Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 180 N. Benson Ave., Suite D Upland, CA 91786 Summary The applicant is requesting approval of Development Review application to demolish the existing residence on the property and construct a new single-family residence consisting of 17,844 square feet of living space; two garages totaling 2,522 square feet; and 1,358 square -feet of covered porches and loggias. The architectural style of the building is a Neoclassical design with Corinthian columns, full -height entry porches, hipped roofs, and symmetrical windows. 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 submittal, staff finds that the proposed Development Review application complies with the City's development standards, and that the required Development Review findings set forth in the Development Code be made in the affirmative. Therefore, staff recommends that the Planning Commission approve Development Review No. PL2011-515, based on the findings of fact, and subject to the conditions of approval contained in the attached Resolution. BACKGROUND: Site Description: The site is located in The Diamond Bar Country Estates (The Country) and is located on the northerly side of Feather Rock Road. In 1977, the property was developed under Los Angeles County standards with a 3,106 square -foot home on a 1.08 gross acre (47,175 square -foot) lot. There are no protected trees onsite. The site is legally described as Lot 136 of Tract No. 30091, and the Assessor's Parcel Number (APN) is 8713-030-014. Project Description The proposed new single-family home consists of the following components: 4,773 square -foot basement floor consisting of two guest rooms, a foyer, and a recreation room; 7,971 square feet of first floor living area including three bedrooms, four bathrooms, laundry room, kitchen, breakfast nook, dining room, family room, theater, library, and game room; 5,100 square feet of second floor living area including a master bedroom and bathroom, and five bedrooms and bathrooms; Two garages totaling 2,522 square feet; Outdoor living area, pool and tennis court; and Y 1,358 square -feet of covered porches and patios. The height of the building is 35', measured from the finished grade to the highest point of the roofline. The applicant is in the process of obtaining approval from The Diamond Bar Country Estates Association. Development Review No. PL 2011-515 Page 2 of 7 General Plan Designation Zoning District Land Use ANALYSIS: Review Authority (Diamond Bar Municipal Code (I)BMC) Section 22.48) Construction of a new single-family residence requires Planning Commission approval of a Development Review application. Development Review approval is required to ensure compliance with the City's General Plan policies, development standards and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. Development Review The following table compares the proposed project with the City's development standards for residential development in the RR zone: Site and Grading Configuration: The applicant is proposing to cut 1,800 cubic yards and fill 5,560 cubic yards of soil. The import of the remaining 4,760 cubic yards of soil would take approximately 340-476 truck trips to move the soil off-site. Staff directed the applicant to balance the site due to the numerous amount of truck trips needed for grading. The applicant submitted a letter stating the reasons why they would need to import the large amounts of soil. The applicant states that the main reason is to raise the building pads due to current drainage issues with the existing pad levels located below street grade. They want to raise the building pad to be Hage 4 or i Development Review No. PL 2011-515 Residential Meets . Development Feature Development Proposed Requiremen_ , Standards Front Setback 30' 31'-2" Yes 15'-0" on one side Side Setbacks & 19 south side Yes 10'-0" on the other 10'— north side side. Side Yard Minimum 59' —south side Yes Between Adjoining 25' 200'— north side Structures 0 Rear Setback 25' 131'-10" Yes Lot Coverage Maximum of 30% 22%Yes Building Height Limit 35'-0" 35' Yes Parking 2 -car garage 9 -car garage Yes Retaining Walls 4' high maximum 4' high maximum Yes Site and Grading Configuration: The applicant is proposing to cut 1,800 cubic yards and fill 5,560 cubic yards of soil. The import of the remaining 4,760 cubic yards of soil would take approximately 340-476 truck trips to move the soil off-site. Staff directed the applicant to balance the site due to the numerous amount of truck trips needed for grading. The applicant submitted a letter stating the reasons why they would need to import the large amounts of soil. The applicant states that the main reason is to raise the building pads due to current drainage issues with the existing pad levels located below street grade. They want to raise the building pad to be Hage 4 or i Development Review No. PL 2011-515 approximately leveled with the street level grade so that water flows away from the property and onto the street. In addition, a sewer ejection pump is currently required for the existing home because the house it is located lower than the street level grade. The owner has had problems with the sewer ejection pump in the past, and is proposing to raise the pad levels which would allow sewer to flow by gravity. The letter from the applicant is included as Attachment 2. Elevations: The architectural style of the building is a Neoclassical design with Corinthian columns, full -height entry porches, hipped roofs, symmetrical windows, and a central door. The applicant provided color samples which call for earth tone colors for the exterior finish to soften the building's visual impact on the hillside. Landscaping: Landscaping is used to soften the look of the paved surfaces, enhance the architecture, and create an overall site design that blends in with neighboring homes and the natural environment of the site. In the front yard, five -gallon shrubs such as Japanese Boxwood, Texas Privet, and Iceberg Roses are proposed along the front entrance. Proposed trees include orange and plum trees, date and queen palms, and olive trees. All plant types will be drought tolerant and non-invasive species. The project is 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 proposed landscaping plans will be submitted for review and approval by the Fire Department during building plan check. Compliance with Hillside Management Ordinance (DBMC Section 22.22) The proposed project was reviewed for compliance with the City's Hillside Management Design Guidelines and regulations. DBMC Section 22.22.120 (a) (1) establishes a height limit of 35 feet as measured from the finished grade to the highest point of the roofline. The project demonstrates that the proposed building will be 28' at the highest point. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code. The project site was designed to: • All retaining walls area maximum of four feet; • Split pads are used to step up the natural slope; • The slope of the roof is oriented in the same direction as the natural slope; and Development Review No. PL 2011-515 Page 5 of 7 • Below grade rooms are used to reduce bulk and to provide energy efficient spaces. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code. 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, and the design and appearance of the proposed single- family residence is compatible with the surrounding community. 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: • The proposed new single family residence will conform to all development standards, including building height and setbacks, which is consistent with other homes in the neighborhood. A transition between _the project and adjacent properties is achieved through appropriate setbacks and landscaping; • Building placement was considered for maximum tree and plant growth potential; • Placement and relationship of windows, doors, and other window openings are carefully integrated with the building's overall design; • Large wall expanses are avoided; • Landscaping is used to emphasize and highlight focal points such as gardens, patios and walkways; and • The project is designed to be appropriate in mass and scale to the site. Adjacent Property to West Project Site Adjacent Property to East Development Review No. PL 2011-515 Page 6 of 7 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 June 1, 2012, 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 frorn 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 (1) (2) (Demolition of a Single Family Residence) and 15303 (a) (Construction of a New Single Family Residence) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution (Attachment 1) approving Development Review No. PL 2011-515, to construct a new single-family residence based on the findings of DBMC Section 22.48, subject to conditions of approval as listed within the draft resolution. Prepared by: Reviewed by: t,l,? Natalie Tobon Planning Technician Attachments: Grac S. Lee Senior Planner 1. Draft Resolution Approving DR No. PL 2011-515 2. Letter from the Applicant Regarding Grading 3. Site Plan, Floor Plans, Elevations, and Landscape Plans Development Review No. PL 2011-515 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. PL2011-515 TO DEMOLISH AN EXISTING SINGLE-FAMILY HOME AND CONSTRUCT A NEW 17,844 SQUARE -FOOT SINGLE FAMILY RESIDENCE AND TWO GARAGES TOTALING 2,522 SQUARE FEET ON A 1.08 GROSS ACRE (47,175 SQUARE -FOOT) LOT LOCATED AT 2344 FEATHER ROCK ROAD, DIAMOND BAR, CA 91765 (APN 8713- 030-014). A. RECITALS 1. The property owners, Raymond and Vivian Obiamalu, and applicant, Pete Volbeda, have filed an application for Development Review No. PL2011- 515 to demolish an existing residence and construct a new 17,844 square - foot single family residence and two garages totaling 2,522 square feet located at 2344 Feather Rock Road, 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 47,175 square feet (1.08 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 Lot 136 of Tract 30091. The Assessor's Parcel Number is 8713-030-014. 4. On June 1, 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 June 1, 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 June 12, 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: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (1) (2) (Demolition of a Single Family Residence) and 15303 (a) (Construction of a New Single Family Residence) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Development Code (DBDC) Section 22.48, this Planning Commission hereby finds as follows: Development Review Findings (DBDC Section 22.48.040) 1. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); The design and layout of the proposed 17,844 square -foot single family residence and two garages totaling 2,522 square feet is consistent with the City's General Plan, City Design Guidelines and development standards by meeting all of the setbacks and requirements of the City's development code. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; The proposed single-family residence will not interfere with the use and enjoyment of neighboring existing or future developments because the use of the project site is designed for a single-family home and the surrounding uses are also single-family homes. 2 DR No. PL 2011-515 The proposed single-family home will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single-family home because it complies with the requirements for driveway widths and grades. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the 3 DR No. PL 2011-515 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 Neoclassical style of architecture with earth -tone shades for the exterior finish to soften the building's visual impact and assist in preserving the hillside's aesthetic value. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing; The design of the new single-family home is a Neoclassical 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 15301 (1)'(2) (Demolition of a Single Family Residence) and 15303 (a) (Construction of a New 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: 1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing; 4 DR No. PL 2011-515 2. Prior to building permit issuance, the required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan Guidelines in terms of plant selection, placement and maintenance. The final landscape and fuel modification plans shall be submitted to the Los Angeles Fire Department for review and approval; 3. Prior to building permit issuance, landscape and irrigation plans shall be reviewed and approved by the City's Consulting Landscape Architect; and 4. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 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 the property owners, Raymond and Vivian Obiamalu, 2234 Feather Rock Road, Diamond Bar, CA 91765; and the applicant, Pete Volbeda, 180 N. Benson Ave., Suite D, Upland, CA 91786. APPROVED AND ADOPTED THIS 12th DAY OF JUNE 2012, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Jimmy Lin, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of June, 2012, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 DR No. PL 2011-515 -1 COMMUNITY DEVELOPMENT DEPARTMENT P�Illlli J STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2011-515 SUBJECT: To demolish an existing residence and construct a new 17,844 square -foot single family residence and two garages totaling 2,522 square feet on a 1.08 gross acre lot. PROPERTY Raymond and Vivian Obiam_ alu OWNER(S): 2344 Feather Rock Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 180 N. Benson Ave., Suite D Upland, CA 91786 LOCATION: 2344 Feather Rock Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. PL2011-515 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 6 DR No. PL 2011-515 (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 property involved have filed, within twenty-one (21) days of approval of this Development Review No. PL2011-515, 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 approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2012-_, Standard Conditions, and all environmental mitigations shall be included on the plans (full 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 waive compliance 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, encroachment, 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 OR No. PL 2011-515 B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. PL 2011-515 expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Attachment 2 including: site plans, floor plans, architectural elevations, and landscape plans on file with the Planning Division, the conditions contained herein, and the Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof -mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 5. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. 8 DR No. PL 2011-515 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) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination . System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. 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. 3. 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 the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 9 DR No. PL 2011-515 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be docked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. 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. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion 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. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, 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. 10 DR No. PL 2011-515 12. Rough grade certifications by project soils and civil engineers and the as - graded geotechnical 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. 13. Rough and final grade certifications by project soils and civil engineers 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. A rip -rap structure shall be designed and constructed at the end of each drainage outlet. 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 1. Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purpose shall be offered and shown on the detailed site plan for dedication to the City or affected utility company. F. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2010 California Building Code, California Plumbing Code, California Mechanical Code, California Residential Code, California Green Building Standards Code, and the California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 11 DR No. PL 2011-515 2. Provisions for Cal Green shall be implemented onto plans and certification provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. 3. Fire sprinklers are required for new single family dwellings. 4. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 5. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or work has discontinued and not been signed -off on the job card by the building inspector. 6. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. — Sat. between the hours of 7:00 a.m. and 7:00 p.m. 7. An occupancy separation shall be provided between any parking area and the dwelling unit. 8. The project shall be protected by a construction fence to the satisfaction of the Building Official. 9. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 10. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 11. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 12. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 13. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent and outdoor ventilation shall be provided to meet ASHRAE standards per the current California Energy Code. 14. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 12 DR No. PL 2011-515 15. "Separate permits are required for pool, Koi pond, exterior lighting, free- standing fences over 6' in height, retaining walls, and tennis court" and shall be noted on plans. 16. A maximum of one kitchen is allowed in this single dwelling unit per CBC 202. 17. A height and setback survey may be required at completion of framing and foundations respectively. 18. Prior to Building permit issuance, all school district fees must be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 19. All balconies shall be designed for 601b. live load. 20. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 21. Indicate all easements on the site plan. 22. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone per CBC Chapter 7A. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. c. Eaves shall be protected. d. Exterior construction shall be one-hour or non-combustible. e. Fuel modification plans shall be approved through LA County Fire Fuel Modification Unit prior to permit issuance. 23. All retaining walls shall be submitted to the Building and Safety, and Public Work Departments for review and approval. 24. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 25. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 26. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 27. Specify location of tempered glass as required by code. 13 DR No. PL 2011-515 28. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 29. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 30. Bodies of water that are greater than 18" in depth shall have the required barriers to prevent unintentional access per CBC 3904.4. 31. All exterior walkways or stairs that have a drop over 30" in height must have a guardrail at least 42" in height and capable of resisting 20 pounds per lineal foot of lateral load. 32. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 33. A soils report is required and all recommendations of the soils report shall be adhered to. This includes caisson and structural slab design. 34. Slope setbacks consistent with California Building Code Figure 1805.3.1. Foundations shall provide a minimum distance to daylight. 35. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www. dig alert.org. 36. The location of building pad may require a survey. 37. The distance to property line shall be surveyed and staked by a licensed surveyor. 38. AQMD notification is required at least 10 days prior to any demolition. Proof of notification and a demolition permit is required prior to any demolition work. 39. All workers on the job shall be covered by workmens compensation insurance under a licensed general contractor. 40. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 41. Only one kitchen is allowed in a single family dwelling unit. Only one main kitchen is allowed. 42. The basement storage area of 2795 square feet shall remain as storage only and not be modified unless a separate building permit is issued. 43. Design for the sewer ejector pump shall be approved by Building and Safety prior to any permit issuance. 14 DR No. PL 2011-515 44. Pool fencing shall have a maximum 4' wide gates and be self-closing and self - latching. 45. The maximum distance of travel for the cupola must be 50 feet maximum per CRC R311.4. End 15 DR No. PL 2011-515 Pete Volbeda Architect Pete Garrido City of Diamond Bar Copley Dr Diamond Bar, Ca 91765 May 30, 2012 Attention Planning Department Design Review No P12011 515 Nassar Pirouzan Attachment 2 Aurora Volbeda 1 The site cannot balanced as to earthwork due to the following reasons a There is a sewer ejection pump required for the existing house due to the lower elevation of the floor in relationship to the street elevation. The owner has experienced numerous problems with this pump. Raising the top 2 floors allows gravity drainage for the sewer system thus avoiding a lot of potential problems. b The soil report indicates poor compaction for the lst 10 ft of the depth of the site. Visual observation of the site will show most of the landscape structures in the front yatd sliding. To stabilize this situation we are positioning the house level with the street to avoid downward slope. This requires fill dirt. c The current residence is positioned below street level, really an awkward visual appearance. The owner wished to have a more traditional appearance by having the entry floor level with the street. d We have provided a basement level which eliminates some of the fill required to achieve our goals. Respectfully, Pete Volbeda 180 N. Benson Ave., Unit D • Upland, CA 91786 • (909) 373-1150 • Fax (909) 373-1152 - Finaii: PF'TLARCHI'r�i;auLmm JERS: 'MOND AND 14 FEATHER Attachment 3 VIVIAN OBIAMALU ROCK, DIAMOND BAR 713-030-014 12,605 SF PERMITTED LINING AREA lddress 2234 FEATHER ROCK RD ID BAR CA 91765 1320 SF NO 30091 LOT 136 Footage 3,105 ullt / Effective Year Built 1977 / 1977 ms / Bathrooms 3 / 3 - RESIDENTIAL (RR) INDEX 1 SITE PLAN 2 TOPOGRAPHIC SURVEY 3 CONCEPTUAL GRADING PLAN L1 TREE PLAN L2 LANDSCAPE PLAN 5 SITE SECTIONS .A, B AND C 6 SITE SECTIONS D-- E AN&6 7 BASEMENT FL0M PLAN. 8 1ST FLOOR PLAN _ 9 2ND FLOOR PLAN 10 ROOF PLAN .yd 11 FRONT ELEVATION q% 12 SIDE ELEVATIONS 10/sc 4P 13 REAR ELEVATION 14 SCHEDULE D1 DETAILS FLOOR AREAS BASEMENT GARAGE 2144 SF BASEMENT LIVING 1978 SF BASEMENT STORAGE 2795 SF BASEMENT TOTAL 6917 SF _ 1ST FLOOR LIVING AREA 7971 SF 1ST FLOOR GARAGE 378 SF _ PATIOS AND PORCHES 1358 SF 2ND FLOOR LIVING AREA 5100 SF TOTAL GARAGE B AND 1ST.2517 SF (GARAGE 15% MIN. OF LIVING AREA PER HOA) I : OF SITE m wu GROSS AREA OF SITE 1.08 AC 47,175 SF ,E uam NET AREA OF SITE 1.0 AC 43,681 °1 STREET EASEMENT .08 AC FlOO" FOOTPRINT 9713 SF PROPOSED LOT COVERAGE EXIST LOT COVERAGE TOTAL LIVING AREA 15,049 LANDSCAPING 21,727 SF DRIVEWAY AND PAVING 12,605 SF PERMITTED LINING AREA 3106 SF EXISTING 1ST FLOOR 1786 SF EXISTING 2ND FLOOR 1320 SF 22 % 14 % 50 29 2234 FEATHER ROCK DIAMOND BAR SCALE 1 INCH = 20 FT EXISTING. TREES PLANT LEGEND 2 FEATHER ROCK RD 0 16' 32'40'48' REVISIONS BY 01.27.12 01.31.12 02-03.12 02.2212 022412 03"2312 PHIL MAY LANDSCAP8 AWMTEM . 1937 WWft B0a.1. Uplmd, CA 91788 Phone: 909 3731959 Fmc 9093731958 . P�@Pm—y +lp— .M.r�rtm.q•.m,n w ' E •f 4l\� ZQ - i. LLL Fr O. a - w. LU. w 0 a 0 LU It Z Y O U W �ELI- S m Z Q LL o m � Q 0 12-1411 evvu MBN 11079 L-1 w 2 av k BOTANICAL NAME COMMON NAME WWPM� iH17�i • •. • ..• . �� MPWTR• 10 "WINIM.M. Mal �� , - ��®® . C • 1 psi �S�®� . : : a„ • I 2 FEATHER ROCK RD 0 16' 32'40'48' REVISIONS BY 01.27.12 01.31.12 02-03.12 02.2212 022412 03"2312 PHIL MAY LANDSCAP8 AWMTEM . 1937 WWft B0a.1. Uplmd, CA 91788 Phone: 909 3731959 Fmc 9093731958 . P�@Pm—y +lp— .M.r�rtm.q•.m,n w ' E •f 4l\� ZQ - i. LLL Fr O. a - w. LU. w 0 a 0 LU It Z Y O U W �ELI- S m Z Q LL o m � Q 0 12-1411 evvu MBN 11079 L-1 w 2 av k FEATHER ROCK RD 0' 16' 32'40'4 8' REVISIONS BY of-ta-lz 01-26-12 01-27-12 01-31-12 02-22.12 02-2412 03-23.12 PHIL MAY LANDSCAPE ..ARCHITECT. 1937 Weei9M Street Upland, CA 91766 Phona:909 3731959 Fax: 909 3731958 .aij eNerdmia° wxw.ppAnay&tlpn.ca° Jx°a4 m ZzQ Ll t - (L Q. U 3: (3 Li ZLU Y 1:3 K U Wit it W 7 FZ 00 CI LL O O c CI 12-14-tt- evue - xew 11078 car L-2 oe 2 . PLANT. LEGEND. SYMBOL BOTANICAL NAME - -COMMON NAME SIZE -- QUANTITY ..' REMARKS - - Arbutus Marina _, NCN 24 box. 2 - Fruits trees - Orange Plum, 15 gal 30 • Oleo. europea - - _ Olrve Tree _ 24 box: 1 - Phoenix dactylifera - Date Palm - 15 trunk 6 - . --^ Syagrus-romanzoffianum .. Queen Palm. _ 24 twx" 9 - `_N EXISTING TREES' TO REMAIN- SEE TREE REPORT.- FOR SPECIES. ON L 1 --:.. - .. - .... ;- .: _ "Japanese"Boxwood _SHRUB Q) Buxus microjaponica "` - 5 gal 149 +' Ligustrum japonicum Texanum Texas Privet _ 5 -gal 129 j� Phormium t. Yellow Wave' Yellow Wave Flax 5 gal. 42 Rophiolepis indica 'Ballerina' •. Indian Hawthorn 5 gal 70 Rosa f. Iceberg - ,.Iceberg Rose: ,5 gal - - 54 - I PERENNIALS- - O. ' A9apanthus africanus - ' Lily of the Nile --_. 'I gal 22 - : - /+ Dietes bicolor _" Fortnight Lily 1 gal 91 O® Hemerocallis hybrids : . Daylily 1 gal 81 mixed. colors �. - ® Tulbaghia violacea Silver -Lace .GROUNDCOVER --- Varigated Society Garlic ." 1 gal 5 _ LAWN - "Nall Fescue spp..: - sad - 4891 S.F. Marathon 11 or equal- + . - _ Myoporum parvifolmm- " Prostrate- Myoporum flats.: 9 - plant ® 12" o.c. - Trachelospernium josminoides . --. Star Jasmine flats 16 : .. plant ® 12" o.c. + o o S + + .a + ;o 00 a _ '.[HAVE COMPLIED WITH THE ORRERIAOFTiE _ -- +• - - - CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE - - - ORDINANCE AND APPLIED THEM FORTHE EFFICIENT USE - OF WATER IN THE LANDSCAPE DESIGN PLAN. -} j _ PHIL MAY, LA 3104 / FEATHER ROCK RD 0' 16' 32'40'4 8' REVISIONS BY of-ta-lz 01-26-12 01-27-12 01-31-12 02-22.12 02-2412 03-23.12 PHIL MAY LANDSCAPE ..ARCHITECT. 1937 Weei9M Street Upland, CA 91766 Phona:909 3731959 Fax: 909 3731958 .aij eNerdmia° wxw.ppAnay&tlpn.ca° Jx°a4 m ZzQ Ll t - (L Q. U 3: (3 Li ZLU Y 1:3 K U Wit it W 7 FZ 00 CI LL O O c CI 12-14-tt- evue - xew 11078 car L-2 oe 2 . Mn Lo PL - - 1110 _ •- - .. - BaW - 1095 IORNAIR V _ IL. SECTION G G ED ® SCALE 1. 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