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HomeMy WebLinkAbout03/26/2002PLANNING FILE Copy COMMISSIOiv AGENDA March 26, 2002 7:00 RM South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Joe Ruzicka Vice Chairman Steve Tye Commissioner Steven Nelson Commissioner Dan Nolan Commissioner Jack Tanaka Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. in an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recycled paper and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Continents and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 396-5676 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, March 26, 2002 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 4 3. 4. 4 6. Next Resolution No. 2002-05 AGENDA ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice -Chairman Steve Tye, Steve Nelson, Dan Nolan, and Jack Tanaka. 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 (ComDletion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. APPROVAL OF AGENDA: Chairman. 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: March 12, 2002. OLD BUSINESS: None. NEW BUSINESS: 6.1. Comprehensive Sign Program No. 2002-01 Four wall signs, four canopy signs, one monument sign, and replace face of existing pole sign for an existing Shell Service Station 7. PUBLIC HEARING: 7.1. Development Review No. 2001-23, Minor Conditional Use Permit No. 2001-13 (pursuant to Code Sections 22.48.020(A)(1), 22.56, and 22.68) is a request to remodel and add approximately 2,209 square feet to an existing legal nonconforming, two-story, single-family residence of 3,025 square feet including decks, porch, patio and three car garage. A Minor Conditional Use Permit is required to process a legal nonconforming structure. MARCH 26, 2002 Project Address: Property Owner: Applicant: Page 2 PLANNING COMMISSION 22245 Steeplechase Lane Diamond Bar, CA 91765 Donald Hermann 22245 Steeplechase Lane Diamond Bar, CA 91765 S & W Development 20272 Carrey Road Walnut, CA 91789 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e)(2)(A), the City has determined that this project is Categorically Exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2001-23, Minor Conditional Use Permit No. 2001-13, Findings of Fact, and conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS: 9. INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: 19th ANNUAL EASTER EGG HUNT: CITY COUNCIL MEETING: ADMINISTRATIVE REVIEW: Thursday, March 28, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Saturday, March 30, 2002 - 10 a.m. Co-sponsored by the Diamond Bar Breakfast Lions Club and the City Summitridge Park, 1425 Summitridge Dr. Tuesday, April 2, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, April 9, 2002 — 6:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive MARCH 26, 2002 PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 11. ADJOURNMENT: Page 3 PLANNING COMMISSION Tuesday, April 9, 2002 — 7:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, April 11, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 12, 2002 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Commissioner Tye led the pledge of allegiance. 1. ADMINISTRATION OF OATHS OF OFFICE FOR PLANNING COMMISSIONERS: Administered by Lynda Burgess, City Clerk. 2. ROLL CALL: Present: Chairman Nelson, Vice Chairman Joe Ruzicka and Commissioners Dan Nolan, Jack Tanaka and Steve Tye. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Secretary, Lt. Mike Walker, Walnut/Diamond Bar Sheriff Department. 3. REORGANIZATION OF PLANNING COMMISSION: DCM/DeStefano opened the nominations for Chairman of the Planning Commission Commissioner Tye nominated Commissioner Ruzicka to serve as Chairman of the Planning Commission. Commissioner Nelson seconded the nomination. There being no other nominations, DCM/DeStefano closed the nominations. Upon Roll Call vote, Commissioner Ruzicka was unanimously elected to serve as Chairman of the Planning Commission. Chair/Ruzicka assumed the gavel and opened nominations for Vice Chairman of the Planning Commission. Commissioner Nelson nominated Commissioner Tye to serve as Vice Chairman of the Planning Commission. Commissioner Nolan seconded the nomination. There being no other nominations, Chair/Ruzicka closed the nominations. Upon Roll Call vote, Commissioner Tye was unanimously elected to serve as Vice Chairman of the Planning Commission. MARCH 12, 2002 4. 5. 6. 7 8. PAGE 2 PLANNING COMMISSION Chair/Ruzicka thanked Commissioner Nelson for the way in which he conducted meetings — calmly, expertly and inclusively, and presented him a plaque commemorating his service to the Planning Commission. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: APPROVAL OF AGENDA: As Presented. CONSENT CALENDAR: 6.1 Minutes of the Regular Meeting of February 26, 2002. C/Tye moved, Chair/Nelson seconded, to approve the Minutes of the Regular Meeting of February 26, 2002, as presented. Without objections, the motion was so ordered, with Commissioners Nolan and Tanaka abstaining. OLD BUSINESS: None. NEW BUSINESS: None. 9. PUBLIC HEARINGS: 9.1 Development Review No. 2001-18, Minor Variance No. 2002-01, Tree Permit No. 2002-02 and Neaative Declaration of Environmental Impact (pursuant to Code Sections 22.48, 22.52 and 22.38). The applicant has requested approval of plans to construct a three (3) story single-family residence of approximately 7,740 square feet with two attached two -car garages totaling 977 square feet on an approximately 57,934.8 (1.33 acres) square foot R-1 (40,000) zoned lot. Additionally, the applicant requests approval of a Minor Variance to deviate from the minimum required front yard setback distance, and a Tree Permit for the removal and replacement of a protected tree species. PROJECT ADDRESS: PROPERTY OWNER: 22509 Ridgeline Road (APN 8713-006-019) Diamond bar, CA 91765 Jay Arora 1149 Grubstake Drive Diamond Bar, CA 91765 MARCH 12, 2002 PAGE 3 PLANNING COMMISSION APPLICANT: S & W Development 20272 Carney Road Walnut, CA 91789 DCM/DeStefano reported that the applicant requested that this matter be continued to April 9, 2002, in order to give the property and owner an opportunity to meet and further discuss some of the issues raised by The Country Estates Homeowners Association and adjacent property owner. Chair/Ruzicka opened the public hearing. There was no one who wished to speak on this matter. C/Nelson moved, C/Nolan seconded, to continue Development Review No. 2001- 18, Minor Variance No. 2002-02, Tree Permit No. 2002-02 and Negative Declaration of Environmental Impact, to April 9, 2002. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 9.2 Development Code Amendment No. 2002-01 (pursuant to Code Section 22.44). This is a request to amend the following Articles of the Development Code: Article II Section 22.10.030, Table 2 -5 -allowed uses and permit requirements for Office Zoning Districts: Amendment relates to adding computer services/network gaming centers as a specified use with a Conditional Use Permit approval. Section 22.10.030, Table 2 -6 -allowed uses and permit requirements for Commercial/Industrial Zoning Districts: Amendment relates to adding computer services/network gaming centers as a specified use with a Conditional Use Permit approval. Article III Section 22.42.035, Computer Services/Network Gaming Center: Amendment relates to adding standards applying to this specified use. MARCH 12, 2002 Article IV PAGE 4 PLANNING COMMISSION Section 22.80.020, Definitions of Specialized Terms and Phrases, Definitions, "C": Amendment relates to adding a definition of a computer services/network gaming center. PROJECT ADDRESS: APPLICANT: Citywide City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and pointed out the proposed changes. Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Development Code Amendment No. 2002-01. C/Nelson asked why staff chose to go with one parking space per 35 square feet as opposed to one parking space per computer workstation. AssocP/Lungu responded that her research concluded that one parking space per 35 square feet was most prevalent. DCM/DeStefano pointed out that the square footage computation is consistent with other types of land use in the city. C/Nelson was surprised at the amount of business that takes place between 10:00 p.m. and 2:00 a.m. He asked Lt. Walker if there are significant benefits to cutting back the hours of operation. Lt. Walker explained that the Sheriff Department has limited experience with this type of business. Problems with similar businesses in adjacent jurisdictions were generated as a result of complaints from adjacent business owners and their customers. The results were loitering, increased trash and debris, possible drinking, smoking, etc. that annoyed other business or their customers. Staying open later at night does not appear to be an issue. The primary concern is for juveniles (under age 18) in relationship to the 10:00 p.m. curfew and the businesses monitoring their customer base. Most of these types of businesses have unrestricted access to Internet sites and the Sheriff's Department is concerned with juveniles viewing pornography. The Department has not encountered anything troublesome after midnight other than previously mentioned issues. C/Nelson said that the city is concerned about taking officers away from their normal patrol duties to respond to disturbances. MARCH[ 12, 2002 PAGE 5 PLANNING COMMISSION L1. Walker said that most shift changes take place at 10:00 p.m. and 11:00 p.m. From midnight on, the Sheriff Department has a full compliment of early -morning officers on duty. VC/Tye reiterated his question about how much business is generated between midnight and 2:00 a.m. Chair/Ruzicka said that on February 26 one of the business owners made the assertion that requiring a security guard is too expensive and that security cameras serve as a deterrent. Lt. Walker said that in his experience, there are some areas that absolutely require a security guard. Businesses that generate customer demands that exceed the actual business capacity require some type of security enforcement. Chair/Ruzicka felt that the Planning Commission needed to address these issues up -front because of the bad reputation perpetrated on these businesses by a few individuals. DCM/DeStefano responded that the resolution captures the existing businesses by stating that they must comply with this ordinance within six months of its adoption date. VC/Tye asked Lt. Walker what the Sheriff Department would do if a minor used a computer after 10:00 p.m. while still using the system within their block of time? Lt. Walker said that minors could be out after 10:00 p.m. under certain conditions. He doubts that any law enforcement officer would find a note from the parent sufficient cause to be out after 10:00 p.m. If a supervising parent or adult is present and assumes responsibility for the minor, there is no violation of the curfew law. In his opinion, it would be incumbent upon the business owner not to sell blocks of time to underage individuals that extend past the curfew hour. If a minor remains after 10:00 p.m. an officer would be obliged to escort him from the business and call the parents to retrieve him. C/Nolan said he observed Lamers -X to be very busy. He believes it is naive to believe this type of business will not generate extra patrol requirements. Is staff's proposal for hours of operation consistent with adjacent communities? AssocP/Lungu replied that the hours of operation vary from city to city. Staff's proposal is consistent with the majority of communities. - MARCH 12, 2002 PAGE 6 PLANNING COMMISSION Chair/Ruzicka opened the public hearing. Paul Esteves, Owner, Gamers-X, stated that the reason for the percentage of business between 8:00 p.m. and 2:00 a.m. is because those are the hours during which blocks of time are sold which makes it difficult to determine the percentage of business that occurs between midnight and 2:00 a.m. The number of people who remain after midnight varies. Gamers-X provided a lounge/waiting area at the current location. If the Commission determines a definite need for security personnel, he believes it should be during the evening hours when there is greater potential for problems. The requirement for business owners to monitor curfew hours is legitimate. Under certain circumstances, under aged youth stay at the facility past 10:00 p.m. waiting for their parents to leave work and pick them up. He asked that under such circumstances the young person be allowed to remain under supervision until they are picked up. VC/Tye thought 12:00 midnight should be the hour of closing. One item that is no longer contained in the proposed amendment is the requirement that these types of businesses not be allowed within a certain distance of a school. DCM/DeStefano stated that staff determined that while other types of entertainment are permitted adjacent to schools, other than alcohol and adult uses, this type of business would not logically be restricted. However, the Commission may make any requirement it deems appropriate for this land use. Chair/Ruzicka believed the hours of operation could be changed at a future date. He prefers allowing entrepreneurs every opportunity for success in the community. However, language should be included that would allow for the revocation amendment of a permit in the event that the business did not comply. Chair/Ruzicka closed the public hearing. C/Nolan suggested the following language for item a. on page 7 to wit: "Shall provide at least one (1) full-time adult attend or supervisor, 21 years of age or older for each 20 machines." And add language for weekend hours. C/Nelson said he heard nothing from Lt. Walker that indicated the alleviation of problems by closing the business at 12:00 midnight instead of 2:00 a.m. Is there any difference in the need for requiring security during weekdays or weekends. Lt. Walker said that the Sheriff Department has not encountered problems with businesses that stay open later than midnight other than businesses that serve alcoholic beverages or engage in live entertainment. Lt. Walker said that during the school day there would be very little requirement for security. In his opinion, it would MARCH 12, 2002 10. PAGE 7 PLANNING COMMISSION be more prudent to require security from 6:00 p.m. until closing for all days of operation. C/Nelson moved, C/Nolan seconded, to recommend approval of Development Code Amendment No. 2002-01 with the following change to item a. on Page 7 - "shall provide at least one (1) full time attendant or supervisor, 21 years of age or older for each 20 machines. In addition, one (1) security guard for each 20 machines shall be provided between the hours of 6:00 p.m. and closing for all days of operation. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Chair/Ruzicka thanked Lt. 'Walker for his participation PLANNING COMMISSION COMMENTS: VC/Tye asked what the City is doing relative to requiring businesses complying with the City's sign ordinance. DCM/DeStefano responded that special promotion signs are considered to be advertising and need to be reviewed. He is not aware of an active case with respect to Carl's Jr. signs along the drive-through. However, he will direct staff to review the matter. VC/Tye welcomed Commissioner Jack Tanaka. C/Tanaka said he is honored and excited to join the Planning Commission. He looks forward to working with his fellow commissioners, staff and residents. Chair/Ruzicka welcomed Commissioners Tanaka and Nolan, two of the finest citizens in Diamond Bar. He thanked the Commission for their trust in selecting him as Chairman of the Planning Commission. 11. INFORMATIONAL ITEMS: DCM/DeStefano stated that Commissioners should provide requested information for the city's telephone book: directly to AS/Marquez. CC/Burgess has ordered two advisory guides that deal with conflict of interest laws for local government officials as well as, the latest version of the Ralph M. Brown Act with respect to open and public meetings. Two projects of note — The Country Estates project previously mentioned and the vacant lot adjacent to the Holiday Inn Select in the Gateway Corporate commonly referred to as "the Dr. Omar parcel." Staff just received a MARCH 12, 2002 PAGE 8 PLANNING COMMISSION proposal to construct a two-story 25,000 square foot office building that will likely be considered by the Planning Commission in about two months. He and Chairman Ruzicka will attend the Planners Seminar in Monterey late next week. 12. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 8:14 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Joe Ruzicka City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 6.1 REPORT DATE: March 11, 2002 MEETING DATE: March 26, 2002 CASE/FILE NUMBER: Comprehensive Sign Program No. 2002-01 APPLICATION REQUEST: To install four wall signs, four canopy signs and one monument sign and replace the face of an existing pole sign. PROJECT LOCATION: 3241 S. Brea Canyon Road Diamond Bar, CA 91765 PROPERTY OWNERS: Equilon Enterprises, LLC 2255 N. Ontario Burbank, CA 91504 APPLICANT: Deni Sutikna A & S Engineering 207 W. Alameda Ave. #203 Burbank, CA 91502 BACKGROUND: The property owner, Equilon Enterprises, LLC and applicant, A & S Engineering, are requesting approval of Comprehensive Sign Program No. 2002-01 (pursuant to Code Section 22.36.060). The request is to install four wall signs, four canopy signs and one monument and replace the face of an existing pole sign for an existing Shell service station with an automated drive-through car wash tunnel and food mart. The project site, approximately 27,003 square feet, is located at 3241 S. Brea Canyon Road (corner of Brea Canyon Road/Diamond Bar Boulevard). It has a General Plan land use designation of Professional Office (OP) and a zoning designation of 1 Commercial Planned Development (CPD). Generally, the following zones and use surround the project site: To the north is the CPD and Single Family Residence - Minimum Lot Size 7,500 Square Feet (R-1-7,500) Zone; to the south is the CPD and R- 1-7, 500 Zones; to the east is the Neighborhood Commercial (C-1) and R-1-7,500 Zones; and to the west is the Orange (57) Freeway. ANALYSIS: The purpose and intent of the Comprehensive Sign Program is to integrate a project's signs with the design of the project's buildings to achieve a unified architectural statement. Additionally, the purpose and intent of the Program includes harmony with existing signs and encourages creativity while providing a means for the flexible application of sign regulations. Pursuant to Development Code Section 22.36.06, a Comprehensive Sign Program is required if the proposed signs meet one of five criterions. In this case, the proposed Comprehensive Sign Program meets the criterion relating to whenever four or more signs are proposed for a new or existing development. The Planning Commission is the review authority. The applicant is requesting to install four wall signs, four canopy signs and one monument sign and replace the face of an existing pole sign. The proposed signs are as follows: Wall Signs TEXT SIGN FACE DESCRIPTION LOCATION AREA "Food Mart" 3.69 sq. ft. Decal/ non -illuminated South side of building adjacent to red letters main entrance "Car Wash" 3.50 sq. ft. Decal/ non -illuminated South side of building red letters "Enter" 1.83 sq. ft. Decal/ non -illuminated West side of building at entrance of red letters directional car wash tunnel "Exit" 1.33 sq. ft. Decal/ non -illuminated East side of building at exit of car red letters directional wash tunnel Total sign face area of the wall signs is 20 square feet. However, 3.16 square feet of the total sign face area is devoted to vehicle oriented safety and directions and is for the purpose of guiding traffic and does not bear advertising materials. Therefore pursuant to Code, a directional sign in a commercial zone does not count toward the total sign face area and shall not exceed six square feet. 2 Canopy Signs TEXT SIGN FACE AREA DESCRIPTION LOCATION "Shell" Four at Red individual letters- On canopies above the gasoline Shell logo and 14.45 sq. ft. illuminated pumps gasoline pricing, each, total -57.8 sign face, Bar Blvd./ Brea Canyon Road, 10 ft. sq. ft. from the ultimate right-of-way "Formula Shell" Six at 7.33 sq. ft. Decay non -illuminated Topper for the gasoline pumps each, total -44 red letters sq. ft. Total sign face area of the canopy signs is 101 square feet. Monument Sian TEXT SIGN FACE DESCRIPTION LOCATION Shell logo AREAMEIGHT illuminated, Existing location -northwest Shell logo and Six feet high and illuminated Located on the corner of Diamond gasoline pricing, 32 sq. ft. of sign sign face, Bar Blvd./ Brea Canyon Road, 10 ft. face area from the ultimate right-of-way The Shell logo will utilize the corporate colors of red and yellow on a white background. The monument sign's pricing section will utilize a gray background with black numbers and letters. The sign's base will be constructed of sheet metal and tex-coated in light gray. Existing Pole Sign TEXT EXISTING SIGN FACE AREA/HEIGHT DESCRIPTION LOCATION Shell logo existing illuminated, Existing location -northwest height of 60 replace existing portion of the project site to ft. to remain/ sign face, remain existing sign face area of 36 sq. ft. to remain The existing pole sign will remain the same. The only change that will be made is the sign face. However, the sign face area will remain the same. 3 Existing wall signs, price signs and monument sign will be removed and replaced by the proposed signs referenced above. Pursuant to the City's Development Code, the maximum sign face area for the existing development is 125 square feet. This sign face area excludes monument signs, pole signs and pricing signs. The proposed Comprehensive Sign Program delineates a total sign face area of 117.84 square feet, thereby complying with the Code. The Code allows a monument sign with a maximum six foot height and maximum sign face area of 32 square feet for this particular development. The proposed monument sign complies with the City's development standards for a monument sign. The existing pole sign is considered legal nonconforming. As such, it is required to remain the same. Changing the location, height or increasing or decreasing the sign face area will cause the loss of its legal nonconforming status. However, changing the sign face is permitted as long as the sign face area remains the same. This is the case for the proposed Comprehensive Sign Program. Proposed colors of all signs reflect Shell's corporate colors. The style of the proposed signs is typical for this type of development. In addition, the proposed signs are compatible with the existing surrounding commercial developments' eclectic signs. The applicant also proposes to change the building colors to conform to Shell Oil's new image program. Currently, the building is off-white with tan split face block veneer on the lower portion of the building and a terra-cotta the roof. The tan split face block veneer is also utilized on the supports of the existing canopy. The applicant intends to paint the building including the block veneer portion white. The band the "Food Mart" sign will be mounted on will be painted red (25 %) and yellow (75%). The band the "Car Wash", "Entrance" and "Exit" signs will be mounted on will be painted blue (25%) and yellow (75%). The columns that support the canopies will be painted white. On the canopies a white band will be installed. The band will be eliminated and will display "Shell" in red letters. The band will also have a non -illuminated red stripe at the bottom. The proposed Comprehensive Sign Program will not change the existing uses on-site, intensified the uses or add additional square footage to the existing building or canopies. The proposed signs and color changes will cause the project site to conform to Shell Oil's new image program. The Building and Safety Division and the Public Works Division have reviewed this project. The Divisions' recommendations are incorporated within the draft resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that Comprehensive Sign Program No. 2002-01 is categorically exempt pursuant to CEQA Section 15311 (a). 4 NOTICE OF PUBLIC HEARING: Pubic hearing notice is not required for a Comprehensive Sign Program. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Comprehensive Sign Program No. 2002-01, Findings of .Fact and conditions of approval as listed within the attached draft resolution. REQUIRED COMPREHENSIVE SIGN PROGRAM FINDINGS: 1. The Comprehensive Sign Program satisfies the purpose and intent of Code Section 22.36.060; 2. The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the Comprehensive Sign Program and to the structure and/or uses they identify, and to surrounding development; 3. The Comprehensive Sign Program accommodates future revisions which may be required due to changes in uses or tenants; and 4. The Comprehensive Sign Program complies with the standards of this Chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes of Code Section 22.36.060. Prepared by: �/n J. Lu gu, Associate Planner Attachments: 1. Draft resolution; 2. Exhibit "A" - site plan, elevations and written sign criteria dated March 26, 2002; and 3. Application. 5 A. B. PLANNING COMMISSION O RESOLUTION NO. 2002 -XX *1401 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING COMPREHENSIVE SIGN PROGRAM NO. 2002-01 AND CATEGORICAL EXEMPTION SECTION 15311 (a), A REQUEST TO INSTALL FOUR WALL SIGNS, FOUR CANOPY SIGNS AND ONE MONUMENT SIGN AND REPLACE THE SIGN FACE OF AND EXISTING POLE SIGN. THE PROJECT SITE IS LOCATED AT 3241 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA. RECITALS. The property owner, Equilon Enterprises, LLC and applicant, A & S Engineering have filed an application for Comprehensive Sign Program No. 2002-01, for the installation of four wall signs, four canopy signs and one monument sign and replace the sign face of an existing pole sign. The project site is located at 3241 S. Brea Canyon Road, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Comprehensive Sign Program and categorical exemption shall be referred to as the "Application". 2. The Planning Commission of the City of Diamond Bar on March 26, 2002 conducted a meeting on the Application. 3. Pursuant to Chapter 22.36 of the Diamond Bar Development Code, a Comprehensive Sign Program does not require a public hearing or notification of property owners surrounding the project site. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City cf Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 1 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15311 (a) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the Califomia Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a 27,003 square footage parcel currently developed with a Shell service station with an automated drive- through car wash tumble and food mart. (b) The project site has a General Plan Land Use designation of Professional Office (OP). It is has a zoning designation of Commercial Planned Development (CPD). (c) Generally, the following zones and use surround the project site: To the north is the CPD and Single Family Residence -Minimum Lot Size 7,500 Square Feet (R-1-7,500) Zone; to the south is the CPD and R-1-7,500 Zones; to the east is the Neighborhood Commercial (C-1) and R-1-7,500 Zones; and to the west is the Orange (57) Freeway. (d) The Application is a request to install the following proposed signs: (1) Wall Signs: "Food Marr'— 3.69 square feet; "Car Wash" — 3.50 square feet; "Enter' —1.83 square feet; "Exit" —1.33 square feet; (2) Canopy Signs: Install canopy fascia for the proposed canopy signs; 2 "Shell" —14.45 square feet each and four proposed; and "Formula Shell" — 7.33 square feet each and four proposed; (3) Monument Sign: 6 feet tall and 32 square feet of sign face area; and (4) Existing Pole Sign: replace existing sign face area with Shell corporate logo; existing height of 60 ft. and existing sign face area of 36 square feet to remain the same. (e) The proposed signs are in substantial compliance with the adopted General Plan. The General Plan requires that a sign concept address the following: scale in relationship to the building; landscaping; and readability. It also dictates that the concept ensure integration into the overall site and architectural theme of the site's development. The proposed signs' scale and placement allows for easy readability and a clear line -of -site for traffic traveling along Brea Canyon Road and Diamond Bar Boulevard, the Orange (57) Freeway and entering and exiting the site. The clear line -of -site was reviewed and confirmed by the Public Works Division. The signs' design is compatible with the existing eclectic signs of the surrounding commercial areas. (f) The Comprehensive Sign Program satisfies the purpose of Chapter 22.36 of the City of Diamond Bar Development Code and the intent of Section 22.36.060; The proposed Comprehensive Sign Program No. 2002-01 is consistent with the purpose and intent of Chapter 22.36 of the City of Diamond Bar Development Code because the signs' design and colors reflect the architecture and color of the project site's development and reflects the corporate colors of Shell Oil. Additionally, the proposed signs' design is compatible with the existing eclectic signs of the surrounding commercial areas. (g) The proposed signs enhance the overall development, are in harmony with, and are visually related to other signs included in the Comprehensive Sign Program and to the structure and/or uses they identify, and to surrounding development; The proposed signs' placement allows for clear identification of the Shell service station when traveling on the Brea Canyon Road, Diamond Bar Boulevard and Orange Freeway. Additionally, the proposed signs' colors and design are consistent with the on-site service station structure in that the signs are integrated with the said structure to achieve a unified architectural statement while allowing for easy readability. Furthermore, the proposed signs' design is harmonious with the eclectic collection of sign styles in commercial centers in the City as a whole, as well as being compatible with the style, color and signs of the commercial sites surrounding the project site. (h) The Comprehensive Sign Program accommodates future revisions, which may be required due to changes in uses or tenants. The application utilizes the maximum signage with this submittal. Pursuant to Code, the Director may approve future revisions if it is determined that the revisions are minor and that the intent of the original approval, and any conditions attached are not affected. (i) The Comprehensive Sign Program complies with the standards of Chapter 22.36 of the City of Diamond Bar Development Code, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purpose of this Chapter. The proposed signs, their height, sign face area and locations are consistent with the intent of Chapter 22.36 of the City of Diamond Bar Development Code. The color, size, presentation, and placement of the signs allow for flexibility with compatibility and logo recognition. Additionally and pursuant to Code Section 22.36.130B., a single tenant is allowed a total of 125 square feet of sign face area for wall signs. The total proposed sign face areas is 117.84 square feet and does not exceed the maximum sign face area permitted. Furthermore, the Development Code allows a service station to have a monument sign with 32 square feet sign face area and a maximum height of six feet. The proposed monument sign is consistent with this standard. The existing pole sign is considered legal nonconforming. The proposed Comprehensive Sign Program does not intend to alter the sign face area, height or location of the existing pole sign. However, it intends to replace the sign face with a new sign face without increasing the sign face area. The proposed Comprehensive Sign Program will cause the removal of to the freestanding monument signs utilized for pricing. The removal 4 of the signs will cause the site to have a less cluttered and more organized looked, thereby enhancing the overall development. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, elevations, color, design and written sign criteria collectively labeled as Exhibit "A" dated March 26, 2002, as submitted and approved by the Planning Commission, as amended herein. (b) The site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential„ commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Arabic address numerals shall be added to the monument sign's base. The numerals shall not exceed a four square feet area and shall be a minimum of three feet high. (d) A landscape area equal to twice the area of one face (64 square feet) of the monument sign shall be provided. The applicant shall submit a landscape/irrigation plan for this area for the City's review and approval. The landscape/irrigation plan shall be submitted to the City before the issuance of any City permits. Landscaping/irrigation shall be installed prior to final inspection. (e) Monument sign shall maintain a distance of 10 feet from the ultimate right-of-way of Brea Canyon Road and Diamond Bar Boulevard. Before plan check submittal, the applicant shall submit a revised site plan delineating said setback for the City's review and approval (f) Total sign face area for all proposed wall signs and canopy signs shall not exceed what 117.84 square feet. 5 (g) Monument sign and wall signs' attachment shall be engineered and designed for a maximum soil pressure of 100 pounds and wind load of 80 miles an hour with an exposure of "C". (h) Electrical conduit shall not be exposed., (i) Plans shall conform to State and local building codes (i.e. 1997 edition of the Uniform Building Code and the 1997 edition of the National Electrical Code) as well as the State Energy Code. Q) Construction plans shall delineate the location of the disconnect switch, method of the electric sign attachment to sign base and verification of U.L. approval. (k) The applicant shall comply with Planning and Zoning, Building and Safety and Public Works Divisions' requirements and Fire Department requirements. (1) This grant is valid for one year and construction shall commence (i.e. footings) within this one-year period or the grant shall expire. (m) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department/Planning Division, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (n) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 0 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Equilon Enterprises, LLC, 2255 N. Ontario, Burbank, CA 91504 and Deni Sutikna, A&E Engineering, 207 W. Alameda Ave. #203, Burbank, CA 91502. APPROVED AND ADOPTED THIS 26TH DAY OF MARCH 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steven Nelson, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 26th day of March, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 6 E Planning Engineering Construction Management 207 W. Alameda, Suite no. 203, Burbank, Ca, 91502 Ph. 818-842-3644, Fax. 818-842-3760 PROPOSED SIGN CRITERIA FOR SHELL GAS STATION AT 3241 S. BREA CANYON ROAD DIAMOND BAR, CA 91765 ;r. Date: February 22, 2002 To: Planning Staff Subye'ct: Proposed sign program, 3241 S. Brea Canyon Rd.: Equilon Enterprises LLC Applicant: A&S Engineering INTRODUCTION Proposed minor exterior modifications to the existing Shell building at the subject location base on corporate specification to meet the; expressive of the aesthetic and design in contributes to the image of Diamond Bar City. SIGN CRITERIA SIGN A Reface the fascia of existing pole sign with the new "Shell" pectin: (6x6)' Material: flexi-glass, internally illuminated SIGN B Remove existing wall sign `ETD" SIGN C Remove existing monument sign SIGN D Proposed the new pump toppers per Equilon spec. 6 @ 5'6" x 1'4" = (43,996 SQ FT) Non -illuminated, red -white -yellow color SIGN E Proposed "Foot Mart" wall sign -decal 1 @ 4'11 " x 91" = (3.66 SQ FT) Non -illuminated, red color 1 SIGN F Proposed wall sign -decal 1 @ 4'8" x 9" = (3.50 SQ FT) Non -illuminated, red color SIGN G Proposed "Enter" wall -sign -decal to replace the existing sign "Entrance" 1 @ 2'9" x 8" = (1.83 SQ FT) Non -illuminated, red color SIGN H Proposed "Exit" wall -sign -decal to replace the existing sign "Exit" 1 @ 2' x 8" = (1.3 3 SQ FT) Non -illuminated, red color SIGN I Proposed canopy sign — internally illuminated wordmark with translucent sides. 4 @ 8'10" x 17 5/8" = (57.784 SQ FT) Red color SIGN J Proposed new monument sign 1 @ 8' x 4' = (32 SQ FT) Flexi-glass, internally illuminated White, red, yellow, black, gray color SIGN K Remove existing price sign 2@3'x6' 2 Cy S� tl 1 C1 — g �p I \ 7 7� t I■$§ I \ 7 I ' �rf o " � I�_z—a—aa—e—� I I CZ - i �yyq�qtOODi — N fl a N O n V 1 0$ City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: REPORT DATE: March 19, 2002 MEETING DATE: March 26, 2002 CASE/FILE NUMBER: Development Review No. 2001-23, Minor Conditional Use Permit No. 2001-13 APPLICATION REQUEST: A request to remodel and add approximately 2,209 square feet to an existing legal nonconforming, two-story, single- family residence of 3,025 square feet including decks, porch, patio, and three car garage PROPERTY LOCATION: PROPERTY OWNER: APPLICANT: BACKGROUND: 22245 Steeplechase Lane (Lot 171 of Tract No. 30578) Donald Hermann 22245 Steeplechase Lane Diamond Bar, CA 91765 S & W Development 20272 Carrey Road Walnut, CA 91789 The property owner, Donald Hermann, and applicant, S & W Development, are requesting approval to remodel and add approximately 2,209 square feet to an existing legal nonconforming, two-story, single-family residence of 3,025 square feet including decks, porch, patio, and three car garage. The project's address is 22245 Steeplechase Lane (Lot 171 of Tract No. 30578), Diamond Bar, California, within the gated community identified as "The Country Estates." The parcel is 1.29 gross acres. A Restricted Use Area is at the rear of the property, however the proposed project is not within this area. The lot is nearly rectangular shape and slopes downward from Steeplechase Lane to the rear of the property. The project site is zoned R-1-20,000 for single-family residence. Its General Plan Land Use designation is Rural Residential (RR) 1/du/acre. Generally, the following zones surround the subject site: to the north is the R-1-40,000 Zone and to the south, east and west is the R-1-20,000 Zone. REVIEW AUTHORITY/APPLICATIONS • Development Review This application requires Development Review by the Planning Commission per the City's Development Code, Section 22.48.020.A(1), which states that Development Review is required for projects involving a building permit for reconstruction and additions to structures which are equal to 50 percent or greater of the floor area of the existing structures on the site. Therefore, the addition of 2,209 square feet to an existing 3,025 square structure applies to the above requirement. The purpose of this review process is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. • Legal Nonconforming Status -Minor Conditional Use Permit The existing parcel was approved by Tract Map No. 30578, Lot 171, on April 23, 1969 as 1.29 acres. The existing structure was approved using the Los Angeles County Code in 1977 and met the required setbacks of that Code prior to the City's incorporation. The setback requirement for the Los Angeles County Code was: • Front 20 feet • Sides 5 feet on one side, 10 feet on the other • Rear 15 feet • Height Average Finish Grade no more than 35 feet The current Diamond Bar Development Code requires setbacks of: • Front 30 feet • Sides 10 feet on one side, 15 feet on the other • Rear 25 feet • Height shall not exceed 35' from the finish grade at any exterior wall of the structure to the highest point of the roofline VA Note that the setback standards have changed from the Los Angeles County Code. In this case the front and side setbacks do not meet the standards set forth in Diamond Bar's Development Code. Therefore, this application is considered a nonconforming parcel/structure. These are defined as any parcel or structure that was legally created or constructed prior to the adoption of the current Diamond Bar Development Code adopted November 3, 1998, and which does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure may be allowed with Minor Conditional Use Permit approval, in compliance with Chapter 22.56. The Planning Director or his designee may approve proposed projects of less than 50% providing that the additions or improvements are less than 50% of the existing square footage, the site coverage is no more than 40 percent, that the project conforms to applicable provisions of the Development Code, and the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity exists. In this case the nonconformity is in the front and side. This proposed project conforms to applicable provisions of the Development Code, the site coverage is less than 40 percent, and it meets the required height limitations and does not encroach further into the setbacks than the existing structure in the front. However, the proposed project is more than 50 percent of the existing square footage. Therefore a public hearing by the Hearing Officer and approval of a Minor Conditional Use Permit and findings are required. • Planning Commission Authority Pursuant to Development Code Section 22.48.030, the highest level of authority shall make concurrent processing; therefore, the Planning Commission shall hear both applications. ANALYSIS: DEVELOPMENT REVIEW/MINOR CONDITIONAL USE PERMIT 0 Development Standards The following is a comparison of the City's development standards and the project's proposed development standards: City's, Development Standards Setbacks (main structure): Front yard -30' from property line Side yards -10' & 15' minimum from Pror)ertv line 3 Development Standards 1. Setbacks (main structure): Front yard- 25' from property line* Porch 20' from property line* Side yards- 12'4" and 11'9" from property line* • Rear yard -25' minimum from property line • Rear yard -meets requirement • Site Coverage -overall maximum 40% • Site Covera a -A roximatel 5% 2. Building Height: Maximum 35' 2. Building Height: Maximum 24.5' 3. Parking: 3. Parking:** • Minimum two -car garage with each bay Existing three -car garage 28' x 21.5' and minimum 10'x20' driveway 4. Accessory Structures -None proposed 4. Accessory Structures -None proposed * Front and side setbacks are legal nonconforming and require a Minor Conditional use Permit with Findings of Fact. ** There are a total of four bedrooms and a hobby room that can be used as a fifth bedroom. Though the existing three car garage does not meet the current Development Code size standard, staff anticipates adequate parking. Other products with five bedrooms have been approved with a three car garage. • Architectural Features and Colors The proposed project's architectural design and palette are compatible with the eclectic architectural style of other homes within The Country Estates, and are consistent with the City's General Plan, Development Code, and Design Guidelines. Per the architect, the proposed project's architectural style is a New England design. The project's architectural features include the use of two-story entry/foyer and shingles on the cupola, decorative windows and roof accent piece; decks and patios with wooden balustrade and Victorian accents at corners; and layering of materials and finishes via multi-levels of roof lines with brown multicolored asphalt shingles, two colors of stucco, brick accents, and shingle exteriors to add texture and contrast. The applicant has received the approval of "The Country Estates" Homeowners' Association Architectural Committee. A copy of the approved colors/materials board is attached. • Floor Plans The proposed single-family structure consists of two -stories. The first -story includes the two-story open entry/foyer, living room, dining room, kitchen with nook, family room with bar and fireplace, sitting area, guest bedrooms with bath, powder room and the three -car garage. The second story includes open area proposed for office use; the master bedroom with bath, walk in closet and deck; hobby room with deck; laundry; hall bath; and two bedrooms, one with bath and both with deck. • Covenant and Agreement As with many approvals, a condition of approval has been added that the owner is required to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. 4 SITE WORK The subject reconstruction/remodel) is on the existing pad. No grading or retaining walls are anticipated. Should it be necessary to work more than 50 cubic yards of earth, the Public Works Division will require a grading/drainage plan. LANDSCAPING The landscape/irrigation plan is shown on the site plan and indicates the type of planting and location. The landscaping/irrigation is required to be installed prior to the Planning Division's final inspection or the issuance of the Certificate of Occupancy. Additionally, it is noted for the applicant that any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into the street's dedicated easement; nor, shall any such structure or dense plant material proposed within the front setback exceed a maximum height of 42 inches. PRESERVED/PROTECTED TREES The applicant's signed tree preservation statement indicates that no activity will take place within five (5) feet of the outer dripline of any preserved/protected trees: oak, walnut, sycamore, willow, or naturalized California Pepper. A site visit confirms there are no preserved tree requirements for this site. VIEW IMPACT The terrain in the vicinity of Steeplechase Lane is hilly. The parcels on Steeplechase Lane generally follow the ridgeline (higher elevations) and slope from the street downward (lower elevations) at the rear of the lots. Lot 171 has easements and restrictions, however the subject reconstruction is not within these areas. The neighboring parcels are single-family residences. By maintaining the height limits of the Development Code, the remodel will not impact neighboring properties. ADDITIONAL REVIEW The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the conditions of approval. NOTICE OF PUBLIC HEARING: On March 12, 2002, 75 property owners within a 500 -foot radius of the project site were notified by mail. On March 15, 2002, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing; as well as three other posted within the vicinity of the application. 5 ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301(e)(2)(A). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2001-23, Minor Conditional Use Permit No. 2001-13, Findings of Fact, and conditions of approval, as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public; as well as, its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED NONCONFROMING STRUCTURES FINDINGS: The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 1. Incompatible with other structures in the neighborhood; 2. Inconsistent with the General Plan or any applicable specific plan; 3. A restriction to the eventual/future compliance with the applicable regulations of this Development Code; 1.1 4. Detrimental to the health, safety, and general welfare of persons residing in the neighborhood; 5. Detrimental and/or injurious to property and improvements in the neighborhood. REQUIRED MINOR CONDITIONAL. USE PEMIT FINDINGS: 1. The proposed use is allowed within the subject zoning district with the approval of a Minor conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subiect site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning districts in which the property is located, and; 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Draft Resolution of Approval; 2. Applications; 3. Tree Statement dated December 12, 2001; 4. Aerial; 5. Sample -Covenant and Agreement to Maintain a Single Family Residence; 6. Chosen Colors; 7. Exhibit "A" - site plan, floor plan, elevations, landscape plan, and materials/color's board, dated March 26, 2002. D: WORD-LINDA/PLANCOMM/PROJECTS/DR 01-23 22245 STEEPLECHASE/REP DR 01-23... 7 PLANNING COM RESOLUTION NOM 0020- x DK"'AFT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-23, MINOR CONDITIONAL USE PERMIT NO. 2001-13 AND CATEGORICAL EXEMPTION 15301(E)(2)(A), A REQUEST TO REMODEL ,AND ADD APPROXIMATELY 2,209 SQUARE FEET TO AN EXISTING LEGAL NONCONFORMING, TWO- STORY, SINGLE-FAMILY RESIDENCE OF 3,025 SQUARE FEET INCLUDING DECKS, PORCH, PATIO, AND THREE CAR GARAGE. THE PROJECT SITE IS LOCATED AT 22245 STEEPLECHASE LANE (LOT 171 OF TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. Recitals The property owner, Donald Hermann, and applicant, S & W Development have filed an application to approve Development Review No. 2001-23, Minor Conditional Use Permit No. 2001-13, for a property located at 22245 Steeplechase Lane, Diamond Bar, Los Angeles County, California and part of the gated development identified as 'The Country Estates," as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On March 12, 2002, 75 property owners within a 500 -foot radius of the project site were notified by mail. On March 15, 2002, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing; as well as three other posted within the vicinity of the application. 3. On March 26, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301(e)(2)(A) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 22245 Steeplechase Lane (Lot 171 of Tract No. 30578), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 1.29 gross. A Restricted Use Area is at the rear of the property, however the proposed project is not within this area. The lot is nearly rectangular shape and slopes downward from Steeplechase Lane to the rear of the property. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site is zoned Single -Family Residence, R-1- 20,000. (c) Generally, the following zones surround the subject site: to the north is the R-1-40,000 Zone and to south, east and west is the R-1-20,000 Zone. (d) The application is a request to remodel and add approximately 2,209 square feet to an existing legal nonconforming, two-story, single- family residence of 3,025 square feet including decks, porch, patio, and three car garage DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, currently developed with a two-story, single-family residence, was established before the adoption of the City's General Plan and current Development Code. The adopted General Plan of July 25, 1995 has a land use designation of Rural Residential (1 du/acre). The current application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Development Code, and the City's Design Guidelines. There is no specific plan. The existing structure was built using the Development Standards of the Los Angeles County Code prior to the City's incorporation and is considered a legal nonconforming structure. Per the current Development Code, the Planning Director or his designee may approve proposed projects providing that the additions or improvements are less than 50% of the existing square footage, the site coverage is no more than 40 percent, that the project conforms to applicable provisions of the Development Code, and the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity exists. In this case the nonconformity is in the front and side. The proposed project conforms to applicable provisions of the Development Code, the site coverage is less than 40 percent and is comparable with the existing neighborhood, and it meets the required height limitations and does not encroach further into the setbacks than the existing structure in the front or side. Though the proposed project is more than 50 percent of the existing square footage, a concurrent application has been made with findings below for the approval of a Minor Conditional Use Permit. The terrain in the vicinity of Steeplechase Lane is hilly. The proposed two-story application is not considered an impact to the view corridor of surrounding properties. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Shadow Canyon Drive and Steeplechase Lane adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a two-story single-family residence. The proposed reconstruction/remodeling does not change the existing use of a single-family residence. Although the proposed addition enlarges the existing residence, and is a two-story structure, 3 it meets the 35 feet height limitation per the Development Code. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or tragic. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's New England design is compatible with the eclectic architectural style of other homes within "The Country Estates," and is consistent with the City's Design Guidelines and Development Code. The project uses architectural styling with the use of two-story entry/foyer and shingles on the cupola, decorative windows and roof accent pieces; decks and patios with wooden balustrade and Victorian accents at comers; and layering of materials and finishes via multi-levels of roof lines with brown multicolored asphalt shingles, two colors of stucco, brick accents, and shingle exteriors to add texture and contrast. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of `The Country Estates." (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. City permits, inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single family residence 4 The addition of square footage to the main structure follows the line of the existing two-story structure in the both the front and side, and maintains a 35 feet height; therefore, the proposed application has no negative affect or impact to the view corridor of surrounding properties. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Sections 15301(e)(2)(A). NONCONFROMING STRUCTURES (k) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. As stated in Item (g), the proposed project is compatible with other structures in the vicinity. Many two-story structures in the vicinity have remodeled and added the second -story and increased square footage. (1) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming inconsistent with the General Plan or any applicable specific plan. As stated in Items (e) and (g), the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Development Code, and City Design Guidelines. (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code. The existing parcel was approved by Tract Map No. 30578, Lot 171, on April 23, 1969 as 1.29 acres. The existing structure was completed under the Los Angeles County Code in 1977 and met the required setbacks of that Code prior to the City's incorporation. The current Diamond Bar Development Code requires minimum lot size as 1 du/acre in Rural Residential Zone (RR). The front and side setbacks for this zone have changed from the Los Angeles County Code of 20 feet to 30 feet and 10 feet to 15 feet, respectively. The application is considered a nonconforming parcel and structure. 5 r-11 These are defined as any parcel or structure that was legally created or constructed prior to the adoption of the current Diamond Bar Development Code adopted November 3, 9998, and which does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. The proposed project conforms to the other applicable provisions of this Development Code and the exterior limits of the new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure in the front and side where the nonconformity exists. No further nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. City permits, inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single family residence (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (e -h), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. Also, as stated in Item (i), City permits, inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. MINOR CONDITIONAL USE PERMIT (p) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. L As state in Items (e -o), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Development Code and Municipal Code. (q) The proposed use is consistent with the General Plan and any applicable specific plan. As state in Item (e), the proposed use is consistent with the General Plan and any there is not applicable specific plan. (r) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e -o), the design, location, size, etc. is compatible with the existing and future land uses in the vicinity. (s) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e -o), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (t) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. City permits„ inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single family residence. The addition of square footage to the main structure follows the line of the existing two-story structure in the both the front and side, and maintains a 3,15 feet height, therefore, the proposed application has no negative affect or impact to the view corridor of surrounding properties. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of `The Country Estates." 7 f' (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Sections 15301(e)(2)(A). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated March 26, 2002, as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) The Applicant shall provide temporary sanitation facilities while under construction. (e) The front yard landscaping/irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (f) Applicant shall submit an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (g) A permit for demolition shall be obtained from the South Coast Air Quality Management District. 8 r (h) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (i) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (j) The single-family structure shall meet the 1998 California Codes: Universal Building Code, Universal Plumbing Code, Universal Mechanical Code, and the 1998 National Electrical Code requirements. (k) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (I) The single-family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/i inch nor more than '/z inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum '/2 inch screen. (m) This single-faimily structure shall meet the State Energy Conservation Standards. (n) Due to the site's topography, applicant shall comply with special design requirements as specified in the California Building Code, Section 18.4.3, building setback, top and toe of slopes. (o) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which 9 result in a nuisance or which create traffic and parking problems iri'the neighborhood. (p) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (q) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (r) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (s) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (t) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Donald Hermann, 22245 Steeplechase Lane, Diamond Bar, CA 91765 and S & W Development, 20272 Carrey Road, Walnut, CA 91789. 10 APPROVED AND ADOPTED THIS 26th DAY OF MARCH 2002, BY THE PLANNING COMMISSION OF THE CITY OF: DIAMOND BAR, As Joe Ruzicka, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of March 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary D: WORD-LINDA/PLANCOMM/PROJECTSOR 01-23 22245 STEEPLECHASE/RESO DR 01-23... 11 COMMUNTT'. EVELOPMI 21660 F. Copley Drive ;Suite I ATTACHMENT "2" (909)396-5676 Fax (9050861-1 APPLICATIONS DEVELOPMENT REVIEW I Record Owner Applicant Name ���MANR,DDNALD (Last name first) Address A5 SterrLECRASe l!J City DiAN1m BAP.' CA Zip 91�r s Phone(9t7� 3JG -375] FPL f' 4 i - Deposit S Receipt# By 1� / Date Rec'd 7- - - c1 i Applicant's Agent T�AIGShN � "R C (Last name first) 20272 Caep Rp WALwtrr, CA 17 29 Phonc(90� 5� S -80D D NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and dirzunrs of corporations.) Consent: I cernfy that I em the owner of the herein described property and permit the applicant to fide this request. Signed Data i 3 (All record owners) ---- <t,( Certification: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name S Q V J n£/ p• I t) F ME S.T (Applicant or Agent) Signed (Applicant or Agent) Date Location _222AS STEEpj;nepAcE Ltiy DiAmnkn Bra . CA 91i6s (Street address or tract and lot number) Zoning -- LCR 12n000 HNM_Ti?a^r 5�g LoT 01 1 Previous Cases Present Use of Site RESIDE1J nA — f11J6LE FANIILy Use applied for «ria bF L / An n tit n u Area devoted to structures / s, .1► _lel �. — — /L l (! Landscaping/Open space Project Size 10,010 -% &-LLp Lot Coverage 3.q Proposed density, (Limits/Acres) Style of Architecture wtu W Number of Floors Proposed 2 Slope of Roof Grading' iteN-k Cut 144 e Import Nonce If yes, Quantity Export Nate If yes, Quantity If yes, Quantity. Fill M(We I:3 OND a IL CM OF DIAMOND BAR DEPARTMENT OF COMMUNITY do DEVELOPMENT SERVICES Planning Division 21660 E. Coplev Drive Suite 190, Diamond Bar, CA 91765 (909)396-5676 Fax(909)861-3117 1 u,h ,CONDITIONAL Record Owner - (Last name first) JL ..tat �ftFXVZ it Phonct9Ul 39G17751 Fax ( ) USE PERMIT APPLICATION Applicant W 9maz pmtyT (Last name first) Casco;?/ f'' J, FPL Dcpost S Receipt a B% Date Rcc'd _/2 -,/-z FOR CM"USE Applicant's Agent NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. I (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint vcnturcs, and directors of corporations.) Consent 71tMhawl I am the owner of the herein described property and permit She applicant to Erle this requeit Sieved 6Date 1113 ® I Zkffl-ecord owners) Certification: 1, the undersigned, hereby certify under pena4 of perjury that the information herein provided iu correct to the best of my knowledge. Print Name f, ?-- W (Applicant or Signed Location Date (Street address or tract and lot number) - Zoning LGR I DOOD House Numbering Map-TRAr-r3o5�7f3 f d� Dl-:/ Previous Cases ^ Present Use of Site (�Erit_p(j� �SIN6LI✓ ii/tWtIIX Use applied for {zMAW , /� AbOt-tlt�►J City of Diamood Bar _ coNDITIONAL USE PERMIT Project Size (gross acres) 0 020 r7�12 Project Density ' Previous Cases Present Use of Site ►..r �:�u for '�..►� .0►��• Domestic Water Source Method of Sewage Disposal Grading of Lots by Applicant? YES NO (Sbow accessary grading design on site plan or tent. map) Company/District Sanitation District Amount Page TWO CONDITIONAL USE PERIMrr BURDEN OF rAOOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Piannine Commission, the following facts: (answers must be full & complete) A. That the requested use at the location proposed will not: Adversely affect the health, peace, comfort or welfare of persons residing or workme in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or Jeopardize, endanger or otherwise constitute a menace to the public health. safety or general welfare. tiI0 7N> R1 Q t t,� (MU, n1bT prFG.�L'f Tke B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. Y55, IT'. _s ATI�QQWM C. That the proposed site is adequately served: 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. Yes �T rs Ayom r y 5oxveo Residential: _ Total Units Bachelor 1 Bedroom 2 Bim. & larger 3 _ Total Pkg. Cov. Pkg. Uncov. Pkg. Project Size: 10,010 5e ILp'( gl Lot Coverage: 3 -� 0� Density: I [ JfC , Maximttm Height W— (D ri No. of floors: Z 7 Sq. Footage 42 31 5F Non-resideatial: _ Sq. ft. area No. of Bldgs. Occupant Load* CUP Burden of Proof - Page 1 Parking: 3 Total Standard Compact Handicap Landscaping: Sq. feet Grading: Y _ N ✓ If yes, Quantity: Cut: Fill: Import: Y _ N If yes, Quantity:. Export: Y _ N ✓ If yes, Quantity: Occupant Load as calculated by the Building & Safety Division is required for all dining, takie-out or assembly use, churches, health clubs, theaters, etc. LEGAL DESCRIPTION (all ownership comprising the proposed lots)/pamel(s) 1.00 DIjj 10F: nMdX :& N_. t N - uta o� n lA'n10 Np l3Po- Area devoted to structures Landscaping/Open spat Residential Pro ject:4,z3� 5t and (gross area) (No. of lots) Proposed density 1 (Units/Acres) Parking Required Provided Standard Compact Handicapped Total Cagle,-ko <- Conditional Use Permit Burden of Proof - Page 2 ATTACHMENT "3" TREE STATEMENT TREE :PRESERVATION STATEMENT ( .) The subject property contains no oak, walnut,sycamore, willow, or naturalized California Pepper trees. (+/f The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. ( ) The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. (Applicant'*ia\turV! (Date if�lC1E.YI[i GEOVIE`W'fRF'�7 WINDOWS 95/98/7000/NF i RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 ATTACHMENT"Y SAMPLE COVENANT & AGREEMENT COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE The undersigned hereby certify that are the owner(s) of the hereinafter described real property located at in the City of Diamond Bar, County of Los Angeles, commonly known as: Use State of California, Legally described as Lot Tract Map No _ Assessor's Book and Parcel Number And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only, and that no portion of the structure(s) or property shall be rented, leased or sold separate and apart from any remaining portions of the property or structure(s). This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. M DATED: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of , 200_ before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State O ASPHALT ROOFING SHINGLES CERTAIN TEED HIGHLANDS SHANGLE (DRIFTWOOD COLOR) O SHINGLE SIDING PANELS CERTAINTEED CEDAR IMPRESSIONS (RU911C CEDAR) OND BAR COUNTrav E: T:� : v A: -,',; 5 Lazy Meadow Drivo fond Bar, CA 91765 e Dlamond Bar Country Estates Assnria►inn ".tc!d- auralttCOmmittee takas no exceptions to krenan wise statL�iio tiF. �toStN.�QN immittee take any exceptions tmX'0"Z.ouw1,I cl, s Angeles Building Dspartnlent or Building I,:"jo other County or State Flugulatory Agencies. THECKED PROVEDAPPROVED IRE`,ii.jL;-,11T BY DAF -Tl 1 t3' O LA HABRA STUCCO (MIRAGE) X•28 7—T O EXISTING BRICKS 12- 1 j"', ATTACHMENT "6" COLORS 5A NEW BRICKS ( 2 1/2"H x 8"W ) Owens Corning Cultured Stone Vintage Used Cultured Bricks (CB -4068) (TO MATCH EXISTING) PROJECT NAME & LOCATION. MR. & MRS. DONALD HERMANN RESIDENCE 222.35 Steeplechase Ln, Diamond Bar, CA 91165 SHEET TITLE: T MATERIAL BOARD _— I -----_--_-_--- --------__ TE: FEB. l a A.1 *A* WUF.VE1,0PN1ENT ou:^:. ..y R-4 W.luul. ('A -61 SHEET NO. O DECORATIVE LOUVERED SHUTTERS O7 VINYL WINDOW O GARAGE DOOR i APPROVED �( .13 DISAPPROVED CHECKED BY BLUE TRIM PAINT COLOR BEHR Premium Pius (Shaker Square C40-76) DIAMOND BAR COUNT ICY ESTATES ASSOCINHON 22815 Lazy Meadow Drive Diamond Bar. CA 91765 The Diamond Bar Country Estates Association Archi- tectural Committee takes no exceptions to the unless oln- erwise statedit Inwr writing ions n orRestrictions does the Architectural Committee take any exceptions to the County of Los Angeles Building Department or Building Coda or other County or State Regulatory Agencias. 0 ALUMINUM LOUVERS ❑ APPROVED AS NOTED RESUBMIT DATIFr3 .Aid 3 COPPER PAINT COLOR BEHR Premium Plus (Hearthstone C40-27) NOTE: Copper finish is paint color only. It shall not tarnish or get a weathered finish (greenish color). PROJECT NAME & LOCATION: i MR. & MRS. DONALD HERMANN RESIDENCE ` 22245 Steeplechase Ln, Diamond Bar, CA 91765_ SHEET TITLE: A.2 S&NN D ]'ELOPMLNT MATERIAL BOARD 193'3 C.n, , N..4 w.mu4 i'a tiv DATE: FEB. 08 2002 NOTES: SHEET NO. """"" "•.....IM. SREETINDEX PROJECT INFORMATION PROJECT SCOPE LEGAL DESCRIPTION AREA CALCULATED .spa.. - ^I mIN. 'Polio x 'X -_ h j EXHIBIT "A" _.`.`-•s=•� _I _ _ DR 2001-23, MCUP 01-13 22245 STEEPLECHASE LANE MARCH 25, 2002 E €g � 3 3 ? fEETTITLE 1EET INDEX j CINITY MAP TEPLAN :TAILED SITE PLANT (CONCEPTUAL LANDSCAPE PLAN) T 0428 M� j 5. -j F- 557 ----------- Fol T—T-1 ----------------------- wit-I�,' �, r-�x`-11x-x-xl-<I- "- - - - - -x-x- E OTM I SAS FIRST FLOOR PLAN SCALE: 3/16- = 1'-0' ------------ --------------------------------------------- allEE-r 7M2 FIRST FLOOR PLAN T -- I R0428 m� SHEET TIRE !, SECOND FLOOR PLAN vtam F I ani FRONT ELEVATION SCALE; 3/19' = 1'-0' RIGHT SIDE ELEVATION SCALE : 3119• = 1'-p' BACK ELEVATION LEFT SIDE ELEVATION SCALE; 9119' = i'ti SCALE :3/18' = 1'-0' CROSS SECTION THRU A - A SCALE: 311T = l' -T 8� - 3 21 .El TRLE -moi ELEVATIONS CROSS SECTION II 07 ADDL SECTICN TU124W �I. I Project Meetings Schedule March 26, 2002 PLANNING COMMISSION A&S Engineering (Shell Oil) (Monument Signs & wall signs) S & W DEVELOPMENT (Remodel/Room Addition) S & W DEVELOPMENT (Single Family Residence) DEVELOPMENT CODE AMENDMENT (Temporary Political Signs) DEVELOPMENT CODE AMENDMENT (Computer Cafes) HUANG, FEI/SAN YAO INTL (Demolish and rebuild Single Family Residence w/tree removal) ADMINISTRATIVE REVIEWS DIAMOND BAR WEST/GOULD (Single Family Residence) DIAMOND BAR WEST/GOULD (Single Familv Residence) CITY OF DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT Case # PM Location PC CC PC CC PC CC PC 3/26/02 4/2/02 4/9/02 4/16/02 4/23/02 5/7/02 5/14/02 CSP 2002-01 AJL 3241 BREA CANYON x DR 2001-23 LKS 22245 STEEPLECHASE PH MCUP 2001-13 MV 2001-18 DR 2001-18 LDM/ 22509 RIDGELINE ROAD Cont. LKS PH DCA 2002-02 AJL CITYWIDE PH DCA 2002-01 1 AJL I CITYWIDE PH DR 2002-01I AJL 12492 INDIAN CREEK I I PH TP 2002-01 Case! I PM I Location DCM DCM DCM ADR 2002-02 LKS 2803 CRYSTAL RIDGE RD. PH ADR 2002-01 LKS 2809 CRYSTAL RIDGE RD. PH A ■.1'1aiai'% V rAUJ VU I N Case # PM Location ATLAN STAR/DIAMOND STAR CSP 2001-01 AJL 20855 GOLDEN SPRINGS PLAZA APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Sign) WAITING FOR ADDITIONAL INFORMATION LEGEND Pit = PUBLIC 11FARING X = NON PUBLIC 11FARINC Project Meetings Schedule March 26, 2002 CITY OF DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT PENDING PROJECTS Case # PM Location (continued) BUCHELE, FAUSTO/SHELL OIL MCUP 2002-01 AJL 206 DIAMOND BAR BLVD. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Off-site sale of alcoholic beverages) WAITING FOR ADDITIONAL INFORMATION CHEUNG, STANLEY CUP 2002-01 JDS TTM 53430 PROCESSING (Hillside Development - Residential) DAGAM, V.C. DR 2002-02 AJL 22604 RIDGELINE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Sin le Family Residence) I WAITING FOR ADDITIONAL INFORMATION DAGAM, V.C. ADR 2002-03 LKS 22119 STEEPLECHASE LN. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Sin le Family Residence) WAITING FOR ADDITIONAL INFORMATION GOULD, RICHARD/DB West ADR 2002-04 2889 CRYSTAL RIDGE PROCESSING (Single Family Residence) HANNA, SALIM ADR 98-41(2) LKS 1939 DERRINGER LN. PROCESSING (Converting storage area to guest area) JMJR DESIGN DR 2001-15 AJL 1194 CHISHOLM TRAIL APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Sin le Family Residence) WAITING FOR ADDITIONAL INFORMATION KING, ANDREW ADR 2002-06 24029 GOLD RUSH PROCESSING (Single Family Residence) KING, ANDREW ADR 2002-07 683 RADBURY PROCESSING (Single Family Residence KING, ANDREW ADR 2002-05 24037 GOLD RUSH PROCESSING (Single Family Residence) LITTLE, ROBERT MCUP 2000-9(1) LKS 2102 ROCKY VIEW APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Second Unit Addition) WAITING FOR ADDITIONAL INFORMATION MERICOM MCUP 2001-11 AJL 21725 GATEWAY APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Cell Site) WAITING FOR ADDITIONAL INFORMATION NOVAK & ASSOCIATES CUP 2000-09 LDM 1155 S. DIAMOND BAR BL. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Co -location Cell Site) WAITING FOR ADDITIONAL INFORMATION OMAR, AKBAR DR 2002-03 I 21671 GATEWAY CTR. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Office Building) WAITING FOR ADDITIONAL INFORMATION Project Meetings Schedule March 26, 2002 PENDING PROJECTS TRENTON GROUP (Revision - Fence) WALNUT VALLEY UNIFIED SCHOOL DISTRICT Land Use Designation Change Planning Area -4 to Specific Plan Public Facilities to Specific Plan WANG, GARY (Single Family Residence) WESTWOOD DESIGN (1,600 sq. ft. addition0 XM SATELLTI'E RADIO, INC. (Co -location Cell Site — DB High CITY OF DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT Case # PM Location DR 2000-12(1) AJL 1440 BRIDGEGATE PROCESSING GPA 2001-01 JDS DIAMOND CREST LANE ON HOLD PER WVUSD DIAMOND BAR BL (Site D) DR 2001-16 LKS 2760 STEEPLECHASE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — TP 2001-02 WAITING FOR ADDITIONAL INFORMATION DR 2001-19 AJL 23646 PROSPECT VALLEY APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — MV 2001-16 WAITING FOR ADDITIONAL INFORMATION CUP 2000-10 LDM 21400 PATHFINDER APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION