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06/27/2006
June 27, 2006 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Vice Chairman Steve /Nelson Commissioner Ron Everett Commissioner Kwang Ho Lee Commissioner Tony Torng 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 29825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours_ In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting must inform the Department of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. 'U IOND 8 " The City of Diamond Bar uses recycled paper Please refrain from smoking, eating or and encourages you to do the same a.in4tnn in the Auditorium Next Resolution No. 2006-22 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, June 27, 2006 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Vice Chairman Steve Nelson, Ron Everett, Kwang Ho Lee, Tony Torng 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non-agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 Minutes of Regular Meeting: June 13, 2006. 5. OLD BUSINESS: 5.1 Notice of Availability — Mitigated Negative Declaration No. 2006-02 —,City acquisition of .93 acre parcel of undeveloped land. , Recommendation: Staff recommends that the Planning Commission adopt Draft Resolution No. 2006-XX approving the Mitigated Negative Declaration and Mitigation Monitoring Program. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit No 2006-06/Development Review No. 2006-10 — In accordance to Chapters 22.42 and 22.48 of the City of Diamond Bar Development Code, the applicant has requested approval of plans to construct JUNE 27, 2006 PAGE 2 PLANNING COMMISSION a roof mounted screened wireless communications facility on the existing self - storage building. The site is fully developed with a self -storage facility. The subject property contains 2.4 -acres of land area. Project Address: 275 S. Prospectors Road Property Owner: U -Store It, L.P. 6745 Engle Road, Suite 300 Cleveland, OH 44130 Applicant: Ms. Maree Hoeger Core Communications Group 1028 Saga Street Glendora, CA 91741 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA.) Based on that assessment, the City has been determined that the project is Categorically Exempt under Article 19 Sections 15301 and 15332 of the State CEQA Guidelines. No further environmental assessment is necessary. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-06 and Development Review No. 2006-10, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2006-09 — In accordance to Chapter 22.48 of the City of Diamond Bar Development Code, the applicant has requested approval of plans to construct an addition of 1,143 square feet to an existing single-family dwelling unit. The second story addition will contain 1,111.5 square feet. The site is fully developed with a 1,350 square foot single -story dwelling unit. The subject property contains 10,356 square feet of land area. Project Address: 441 Wayside Lane Property Owner/ Mr. & Mrs. Romeo Barbero Applicant: 441 Wayside Lane Diamond Bar, CA 91765 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA.) Based on the assessment, the City has been determined that the project is Categorically Exempt under Article 19 Sections 15301 and 15332 of the State CEQA Guidelines. No further environmental assessment is necessary. JUNE 27, 2006 PAGE 3 PLANNING COMMISSION Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-09, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Development Review No 2004-03(1)/Tree Permit No. 2004-02(1) — In accordance to Code Section 22.66, the property owner/applicant is requesting a one-year extension of time of the Planning Commission's original approval of this project which allows the construct of a four-story (split-levels) single-family residence of approximately 11,300 square feet including a four -car garage, balconies, veranda, and deck.. The request also includes retaining walls of varying height not to exceed an exposed eight foot height; and removal/replacement/protection of oak and walnut trees. The Planning Commission approved this project on May 11, 2004. The extension of time request does not alter the approved project. Project Address: 2557 Blaze Trail Property Owner/ Nasser Ahmadi Applicant: 1341 Pecan Grove Drive Diamond Bar, CA 91765 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project is categorically exempt. The Planning Commission approved the categorical exemption on May 11, 2004. The request for a one year extension of time does not alter the approve project. Additionally, there is no new environmental information related to this project. Therefore, further environmental review is not required. Recommendation: Staff recommends that the Planning Commission approve a one year extension of time for Development Review No. 2004-03(1), Tree Permit No. 2004-02(1), Findings of Fact, and conditions of approval as listed within the draft resolution. 7.4 Development Review No. 2006-17 — In accordance to Sections 22.48, 22.56, and 22.68, this is a request to demolish existing dwelling and built a 4,300 square foot Single Family Residence and a Guest House of 600 square feet on an existing 14,496 Lot, 0.33 acre, R-1 10,000 zoned parcel with a consistent underlying General Plan Land Use designation of Low Density Residential (RL). Project Address: 603 Pantera Drive JUNE 27, 2006 PAGE 4 PLANNING COMMISSION Property Owner: Kabbani Bashir 603 Pantera Drive - - - Diamond Bar, CA 91765 Applicant: Robert Rezko Landmark Engineering Design, Inc. 14130 Alondra Blvd, Suite H Santa Fe Springs, CA 90670 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is Categorically Exempt. Therefore, further environmental review is not required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-17, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.5 Conditional Use Permit No. 2006-04 — In accordance to Development Code Sections 22.58 and 22.10.030 Table 2-6, this application is a request to relocate an existing Taekwondo studio to a different parcel and unit within Country Hills Towne Center. The Taekwondo studio was originally approved by the Planning Commission through Conditional Use Permit No. 2004-04 on September 14, 2004. Project Address: 21335 & 21557 Cold Spring Lane Property Owner: Country Hill DB, LLC, MCC Realty Management Wilshire Boulevard, Suite 214 Beverly Hill, CA 90212 Applicant, Young In Cheon and Ann Cheon 1129 Summitridge Drive Diamond Bar, CA 91765 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. Therefore, further environmental review is not required. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-04, Findings of Fact, and conditions of approval as listed within the draft resolution. JUNE 27, 2006 8. PAGE 5 PLANNING COMMISSION 7.6 Development Review No. 2006-15 — In accordance to Code Sections 22.48.020(a)(1). this is a request to construct an addition of approximately 1,517 square feet to an existing single-family residence of approximately 2,397 square feet including the existing two -car garage. Project Address: 23649 Country View Drive Property Owner/ Mr. Hubert Wilson Applicant: 23649 Country View Drive Diamond Bar, CA 91765 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-15, Findings of Fact, and conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS 1 INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK: 4TH OF JULY BLAST: 4THOF JULY HOLIDAY: PLANNING COMMISSION MEETING: Wednesdays, 6:30 p.m. — 8:00 p.m. June 28 through August 9, 2006 Sycamore Canyon Park, 22930 Golden Springs Drive Tuesday, July 4, 2006,4:30 p.m. — 9:30 p.m. Diamond Bar High School 21400 Pathfinder Road Tuesday, July 4, 2006 - City offices will be closed in observance of the holiday. City offices will reopen Wednesday, July 5, 2006 Tuesday, July 11, 2006 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive JUNE 27, 2006 PAGE 6 PLANNING COMMISSION TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY COUNCIL MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Thursday, July 13, 2006 — 7:00 p.m. SCAQMD/Government-Center Hearing Board Room — 21865 Copley Drive Tuesday, July 18, 2006 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, July 27, 2006 SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 13, 2006 CALL TO ORDER: Chairman McManus called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Chairman McManus led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Ron Everett, Kwang Ho Lee, Tony Torng, Vice -Chairman Steve Nelson and Chairman Joe McManus. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; Linda Smith, Development Services Associate, and Stella Marquez, Senior Administrative Assistant. 4. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Mayor Carol Herrera said she was sad to bid farewell to Chairman McManus, her Commissioner appointee for several years. Joe McManus has done an exemplary job serving the community on the Planning Commission. As a Diamond Bar resident of 29 years Joe McManus's contributions to this community have been immeasurable with respect to development of the City and City events. The City thanks Joe McManus for all he has done to shape the community. Diamond Bar, the Planning Commission, and the City are all the better for his presence and service. Council Member Steve Tye said that it was wonderful to have a friend like Joe McManus and that he would be sorely missed. Joe McManus has left a positive and lasting impact on this community. Everything Joe McManus has touched has left a lasting imprint on this community and Joe McManus is irreplaceable. Joe McManus has been a wonderful friend, a wonderful ally and terrific confidante. Everyone will miss Joe and Lois McManus and as they pull their trailer out of town, they can look behind them and know that they made a difference in Diamond Bar and that the residents are grateful for everything they have contributed. 5. APPROVAL OF AGENDA: As Presented. 6. CONSENT CALENDAR: JUNE 13, 2006 PAGE 2 PLANNING COMMISSION 4.1 Minutes of the Regular Meeting of May 23, 2006. VC/Nelson moved, C/Lee seconded to approve the minutes of May 23, 2006, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Nelson, Lee, Everett, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: 6.1 Notice of Availability— Mitigated Negative Declaration No. 2006-02 - City acquisition of .93 acres of undeveloped property. PROPERTY LOCATION: Southeast Corner of Diamond Bar Boulevard and Brea Canyon Road. APPLICANT: City of Diamond Bar ICDD/Fong presented staffs report and recommended that if accepted, staff be directed to bring back a Resolution for Adoption of Mitigated Negative Declaration No. 2006-02 on June 27, 2006. VC/Nelson asked staff to request BonTerra Consulting to coordinate dates on the Mitigation Table (Executive Summary II.) C/Torng moved, C/Everett seconded to direct staff to bring back a Resolution for Adoption of Mitigated Negative Declaration NO. 2006-02 on June 27, 2006. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Everett, Lee, VC/Nelson, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 6.2 Review of Fiscal Year 2006-2007 Capital Improvement Program (CIP) - Conformity with the General Plan. JUNE 13, 2006 PAGE 3 PLANNING COMMISSION DSA/Smith presented staffs report and recommended Planning Commission adoption of Resolution No. 2006-21 finding the proposed Fiscal Year 2006- 2007 Capital Improvement Program in conformance with the City's General Plan. Following a brief discussion, general questions and responses, C/Torng moved, VC/Nelson seconded to adopt Resolution No. 2006-21 finding the proposed Fiscal Year 2006-2007 Capital Improvement Program in conformance with the City's General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS 7. PUBLIC HEARINGS: Torng, VC/Nelson, Everett, Lee, Chair/McManus None None 7.1 Development Review DR 2006-10 - In accordance to Chapter 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct a roof mounted screened wireless communications facility on the existing self -storage building. The site is fully developed with a self - storage facility. The subject property contains 2.4 acres of land area. PROJECT ADDRESS: 275 S. Prospectors Road PROPERTY OWNER: U -Store It, L.P. 6745 Engle Road, Suite 300 Cleveland, OH 44130 APPLICANT: Ms. Maree Hoeger Core Communications Group 1028 Saga Street Glendora, CA 91741 Staff recommended that the Planning Commission consider Items 7.1 and 7.2 all together, and to recommend that the Planning Commission direct staff to re -advertise both proJects for June 27, 2006, to fully meet the legal requirements. L DRAFT EI JUNE 13, 2006 PAGE 4 PLANNING COMMISSION 7.2 Development Review No. 2006-09 — In accordance with Chapter 22.48 of The City of Diamond Bar Development Code, the applicant requested approval of plans to construct an addition of 1,143 square feet to an existing single-family dwelling unit. The second story addition will contain 1,111.5 square feet. The, site is fully developed with a 1,350 square foot single -story dwelling unit. The subject property contains 10,356 square feet of land area. PROJECT ADDRESS: 441 Wayside Lane PROPERTY OWNER/ Mr. and Mrs. Romeo Barbero 441 Wayside Lane Diamond Bar, CA 91765 Chair/McManus opened the public hearing for both matters. With no one present to speak on these items, Chair/McManus closed the public hearing. C/Everett moved, to table Development Review No. 2006-10 and Development Review No. 2006-09 and to direct staff to re -advertise the matters for the June 27, 2006, meeting. C/Lee seconded the motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Everett, Lee, Torng, VC/Nelson, Chair/McManus None None 7.3 Development Review DR 2004-06 — In accordance with Chapter 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of a one-year extension of time to begin construction of a new three-story single-family dwelling. The subject parcel of land is zoned R1- 40,000. The site is vacant and contains 1.21 acres of gross land area. PROJECT ADDRESS: 24074 Falcons View PROPERTY OWNER: Mr. and Mrs. Iqbal Vakil 22230 Steeplechase Lane Diamond Bar, CA 91765 JUNE 13, 2006 PAGE 5 PLANNING COMMISSION APPLICANT: Syed Raza Associates 12600 Central Avenue Chino, CA 91710 AssocP/Lungu presented staffs report and recommended Planning Commission approval of a one-year extension of time for Development Review No. 2004-06, Findings of Fact, and conditions of approval as listed within the Resolution. C/Everett expressed concern about a sewer connection and about an updated approval from "The Country Estates" homeowner's association. Syed Raza, applicant, said he read staffs report and concurred with the conditions of approval. Chair/McManus opened the public hearing. With no one present to speak on this matter, Chair/McManus closed the public hearing. C/Lee moved, VC/Nelson seconded to approve 'Development Review No. 2004-06, Findings of Fact, and conditions of approval as listed within the Resolution with the addition of the Condition proposed by staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, VC/Nelson, Everett, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee said that Chair/McManus was a true leader and had always shown true integrity and leadership to the Commissioners. Personally, as a new Commissioner he has received the most careful and thoughtful guidance from Chair/McManus. He wished Chair/McManus much good luck and happiness. C/Torng appreciated Chair/McManus's leadership and all that he had done for the community and said it would be difficult to follow in his footsteps. He was fortunate to be present during the City Council's recognition for Joe McManus. He wished Chair/McManus the very best in his new life in Oregon. C/Torng thanked staff for JUNE 13, 2006 PAGE 6 PLANNING COMMISSION their timely response to a resident's request for cleanup of street sweeping debris. C/Torng announced that he would not be present for the July 11 meeting. C/Everett thanked Chair/McManus for his leadership and Lois McManus for her support. He has watched the two of them work side by side in the service of their community for the past 29 years. Chair/McManus has been a key part of determining the City's land uses. Joe and Lois are models for professionalism and personal commitment to and with the people and have acted selflessly without regard for personal gain. Joe McManus has remained above the political fray and served this community quietly. Although C/Everett has not always agreed with their positions, Joe and Lois have given their personal effort, honesty and positive attitude that deserve his complete respect. He felt that Joe McManus would continue to be a model for community service in Diamond Bar and he recommended Joe McManus for the Diamond Bar Lifetime Service Award should such a recognition be available. Thank you to Joe and Lois for their service to Diamond Bar and C/Everett said he looked forward to hearing about their new ventures. VC/Nelson said there was a concern about the unsafe conditions on Grand Avenue between the freeway and Golden Springs Drive. Chair/McManus thanked staff and his fellow Commissioners fortheir comments and opined that he had enjoyed serving the community. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 9.2 Project Status Report. CDD/Fong updated the Commission regarding Scribbles. Last Tuesday staff appeared before the Los Angeles County Business License Commission and testified to requesting that they not renew the entertainment and dancing license for the facility. The Commission complied with staffs request. In spite of the ruling Scribbles continues to have entertainment on Thursday nights. Staff sent letters to the Los Angeles Fire Department to request a change in the occupancy load forthe facility for dining and bar uses only. JUNE 13, 2006 PAGE 7 PLANNING COMMISSION 9.3 Presentation of Recognition Award to Joe McManus upon his retirement from the Planning Commission. VC/Nelson said he too had been in Diamond Bar just under 30 years and he too had been on, off and back on the Commission again. There the similarities end because he cannot hold a candle to Joe McManus and what Joe has done for this City. When VC/Nelson first came on as a Planning Commissioner Joe McManus mentored him. And to further what Carol Herrera and Steve Tye said and in his book and in the book of others he calls his friends, Joe McManus is synonymous with the name Diamond Bar. VC/Nelson said it was his honor to present a Plague to Joe McManus memorializing what Joe McManus had done for the City and while. he wished Joe McManus could stay in Diamond Bar, VC/Nelson wished him the best in his new venture. Chair/McManus said he sincerely appreciated the accolades. As he moves about Diamond Bar he is reminded about the many wonderful residents. In spite of that it is time to move on and go fishing. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 7:57 p.m. Attest: Respectfully Submitted, Nancy Fong Community Development Director Steve Nelson, Vice Chairman INTEROFFICE MEMORANDUM Commum" & DEVELOPMENT SERVICES PLANNING DIVISION TO: Vice Chairman and Members of the Planning Commission FROM: Nancy Fong, Community Development Director DATE: June 27, 2006 SUBJECT: A request to approve a Mitigated Negative Declaration and Mitigation Monitoring Program for the acquisition and interim storage yard use of a property located on the southeast corner of the intersection of Diamond Bar Boulevard and Brea Canyon Road RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 2006 -XX approving a Mitigated Negative Declaration and Mitigation Monitoring Program for the City's acquisition and interim storage yard use of a .93 -acre property located at the southeast corner of the intersection of Diamond Bar Boulevard and Brea Canyon Road. BACKGROUND: The Mitigated Negative Declaration and Mitigation Monitoring Program were initially reviewed by the Planning Commission on June 13, 2006. At that time, the Commission indicated that the Planning Division staff should bring back a resolution for approval of the MND and Mitigation Monitoring Program. DISCUSSION: The City's intension to acquire a single parcel of vacant land located at the intersection of Diamond Bar Boulevard and Brea Canyon Road (subject property) triggered a review pursuant to the California Environmental Quality Act (CEQA). The City is proposing an interim use as a storage yard for the property before incorporating it into a future roadway improvement project planned for Brea Canyon Road. However, the project under review involves only purchase and interim storage yard use of the property. Incorporation of the subject property into the roadway improvements is subject to separate review under the California Environmental Quality Act. Because the acquisition of the property and interim storage yard use are subject to review and approval by the City Council, the project is a discretionary action and Memo to Vice Chairman and Members of the Planning Commission Page 2 June 27, 2006 consequently subject to the requirements of CEQA. In conformance with CEQA (Public Resources Code Section 21000 et seq.) and its Guidelines (California Code of Regulations Section 15000 et seq.), a Mitigated Negative Declaration (MND) and a Mitigation Monitoring Program were prepared for the purchase and interim storage yard use of the subject property. The subject property is a .93 -acre site that is presently undeveloped. The subject property has an irregular triangular shape and is relatively flat. Surrounding the property are single-family uses to the south, a service station and office building to the west across Brea Canyon Road, and a Los Angeles County flood control District channel to the east. The site is currently zoned C-1, which is a neighborhood commercial zone. The General Plan land use designation for the property is C- General Commercial. The proposed storage yard is a permitted use within the zone and is consistent with the General Plan land use designation. Initially, the City may use the property to temporarily store nursery materials and equipment. Whether or not it is used as a temporary storage yard, the site will be enclosed with fencing and a gate to secure it before it is incorporated into the roadway improvement project. The MND found that the project has the potential to cause significant environmental impacts to aesthetics, biological resources, cultural resources, hazards and hazardous materials, and noise. However with the implementation of mitigation measures, all potential impacts will be mitigated to a less than significant level. Attachments: 1. Draft Resolution No. 2006 -XX 2. Assessor's Map showing subject site 3. Mitigated Negative Declaration MND 2006-02 4. Aerial photograph of subject site GASandm Campbethpc report site acq.doc PLANNING COMMISSION RESOLUTION NO.2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION MND 2006-02 AND A MITIGATION MONITORING PROGRAM FOR THE ACQUISITION AND INTERIM STORAGE YARD USE OF A .93 -ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DIAMOND BAR BOULEVARD AND BREA CANYON ROAD. A. RECITALS 1. WHEREAS, the City of Diamond Bar is proposing to purchase an approximately .93 -acre site located at the southeast corner of the intersection of Diamond Bar Boulevard and Brea Canyon Road, and; 2. WHEREAS, the purpose of the proposed acquisition is for future public roadway improvements; 3. WHEREAS, the site may be temporarily used as a storage yard before incorporation into the roadway improvement project, and; 4. WHEREAS, the subject property is currently zoned C-1 (Neighborhood Commercial) and is designated as C -General Commercial in the City of Diamond Bar General Plan land use map, and 5. WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and its Guidelines (California Code of Regulations Section 15000 et seq.), a Mitigated Negative Declaration was prepared for the purchase and interim storage yard use of .93 -acre property located at the southeast corner of the intersection of Diamond Bar Boulevard and Brea Canyon Road, and 6. WHEREAS, Notice of Availability and Intent to Adopt a Mitigated Negative Declaration was published in two local newspapers on May 3, 2006, and 7. WHEREAS, the Mitigated Negative Declaration public review period began May 3, 2006, and ended May 23, 2006, during which time the MND was available for public review and comment, and 8. WHEREAS, Pursuant to CEQA section 21081.6, a mitigation monitoring program was prepared for the project, and 9. WHEREAS, the Planning Commission held a public hearing on the project on June 14, 2006. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to the Planning Commission during the above referenced meetings on June 14, 2006 and June 27, 2006, including written and oral staff reports, the Planning Commission hereby specifically finds as follows: (a) The proposed project would result in potentially significant impacts to the aesthetics, biological resources, cultural resources, hazards and hazardous materials, and noise. However, after implementation of the Mitigation Monitoring Program, all potential impacts will be mitigated to a less than significant level. (b) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 3. Based on the findings and conclusions set forth above, the Planning Commission hereby adopts the Mitigated Negative Declaration subject to compliance with the following: (a) Mitigation Monitoring Program attached hereto and incorporated herein as Exhibit "A". APPROVED AND ADOPTED THIS 27th DAY OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Vice -Chairman I, Nancy Fong, 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 27th day of June 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 2 Planning Commission Resolutlon No. 2006xxx y-+ M coa O U) O s cu U 0 J N U T M m v - O a) N D 0 U) N � CO �m C O C C O C6 �U .O Q m c m 'a O @ E a'> O Q m CCi 0 m c -0 � C O O M C G 0 Q C4 0 O A imp L .0 2) E w2U C O cca _ C O o U O C O U C N Q C 3 U C c N 5 (p V m 7i a N C mca C Em c �._m E �mL CL m Q m > •� � v QNa@iavNi o o. aEiEv,cmy _ ONa)DN E E o� z z E E a @ @ @ @ G Em C E m C E m C E m aE" m o Z `m E2 m O Z mE2 m o Z m2 .0 m O Z LU m O O C m�E O O C mmE 0 0-�5 m0E 0 0-;5 a)E N 0Eo. 0Eca.0Ea o�a c CL � o o@a) � o o@m � 0 o@0 0 o@m �, as � aai a>i. 0 a>i m (D 2 UD❑ U��UO� U�� Tm mm m L U N C N a N E N °' L 3 p@ p N E o o N m y @ c m m m aNi� r m m m �> c Co m $� �� M0 5 0 oamNM @_a•@ moaca m a) "0 -a W' c 0 E@ E� atm @ E rn o m w r �y v N o 0 o o c E C O j� 2-. 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O 0 'm0 4] 4= Cm] y O E h j@ U N rim co 6 M m �a)m�m o a) E �m Eac).00 om O $ z E G-6 � ro 8 E._ � �E-na cU � o rnS15 mcv ow m m m = Y � mm;U ?U m tu .2@ rt S Za L m m p L 0) m— L 0 m O C E U inU CO m N= o y c, p p ❑ E ._ ° o U L r a) m m @ l4 N m OC d m C L iZ .. 3 O C m O C d O C d O = p O) U D) ._ H a :d U) N .= O• 0 N d N N d C m .m-. C O N 7 N •U r m N O N @ O uI N O UJ Hca j U 'O C 3 O '00` O d _O Z m N yIn @@Q fl Q y m. m itL N L� { Uy c NE WQ aQ Lo � MITIGATED NEGATIVE DECLARATION ACQUISITION AND INTERIM STORAGE YARD USE OF A 0.93 -ACRE PARCEL AT DIAMOND BAR BOULEVARD AND BREA CANYON ROAD Case No. ND 2006-2 Submitted to: City of Diamond Bar 21825 Copley Avenue Diamond Bar, CA 91765 (909) 839-7081 Contact: Nancy Fong, AICP Interim Community Development Director Prepared by: BonTerra Consulting 320 N. Halstead Street, Suite 120 Pasadena, CA 91107 (626) 351-2000 Contact: Thomas E. Smith, Jr., AICP Principal May 3, 2006 Mitigated Negative Declaration EXECUTIVE SUMMARY This Executive Summary presents a tabular summary of the potential environmental effects of the Acquisition and Interim Use of a 0.93 -Acre Parcel at Diamond Bar Boulevard and Brea Canyon Road project (project), Diamond Bar Case No. ND 2006-2 and the recommended mitigation program that would reduce potential impacts to levels that are less than significant. The reader is referred to the full text of this Initial Study/Mitigated Negative Declaration (IS/MND), as well as the technical appendices, for a description and analysis of the environmental effects of the project. The summary provided in the Executive Summary Table shows that before mitigation the proposed project would result in potentially significant impacts to the following topical issues: ® Aesthetics • Biological Resources • Cultural Resources Hazards/Hazardous Materials ® Noise After incorporation of the mitigation program into the proposed project, all potential impacts would be mitigated to a less than significant level. In addition to mitigation measures, this impact analysis also considers Standard Conditions of Approval (SCs). SCs are based on local, state, or federal regulations or laws that are frequently required independent of CEQA review yet also serve to offset or prevent certain impacts. Because SCs are incorporated into the project, either in the project design or as part of project implementation, they do not constitute mitigation measures as defined by CEQA. For clarity, SCs are described within the mitigation program described in the Executive Summary Table below and within the analysis of each CEQA topic in Section 3.0 where applicable. 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E a m 0 ID Q G 0, MO 0 C m 0 c CL 0 16 CL X 8 0) E I' CL > - E E 76 i5 -Fu -00 0 z a) o ca 0 .0 CL �a -0 a) N ci 0 CL CL 0 m X- L> 'i Section Mitigated Negative Declaration TABLE OF CONTENTS Page ExecutiveSummary ............................................................................................................ES-1 1.0 Introduction............................................................................................................... 1-1 1.1 Purpose of the Initial Study ............................................... ..:............................ 1-1 1.2 Summary of Findings....................................................................................... 1-1 1.3 Project Approval.............................................................................................. 1-2 1.4 Organization of the Initial Study....................................................................... 1-2 2.0 Project Location and Environmental Setting.......................................................... 2-4 2.1 Project Location............................................................................................... 2-4 2.2 Environmental Setting...................................................................................... 2-4 2.3 Project Description........................................................................................... 2-4 2.3.1 Draft Project Schedule......................................................................... 2-5 3.0 Environmental Checklist Form................................................................................. 3-1 3.1 Aesthetics........................................................................................................3-3 3.1.1 Aesthetics Analysis.............................................................................. 3-3 3.1.2 Cumulative Impacts.............................................................................. 3-3 3.1.3 Mitigation Program............................................................................... 3-4 3.2 Agricultural Resources..................................................................................... 3-4 3.2.1 Agricultural Resources Analysis........................................................... 3-4 3.2.2 Cumulative Impacts.............................................................................. 3-4 3.2.3 Mitigation Program............................................................................... 3-4 3.3 Air Quality........................................................................................................ 3-5 3.3.1 Air Quality Analysis.............................................................................. 3-5 3.3.2 Cumulative Impacts.............................................................................. 3-6 3.3.3 Mitigation Program............................................................................... 3-6 3.4 Biological Resources...................................................................................:. 3-7 3.4.1 Biological Resources Analysis.............................................................. 3-7 3.4.2 Cumulative Impacts............................................................................. 3-8 3.4.3 Mitigation Program............................................................................... 3-9 3.5 Cultural Resources ............................. ............................................................ 3-10 3.5.1 Cultural Resources Analysis............................................................... 3-10 3.5.2 Cumulative Impacts ........ .................................................. .................. 3-10 3.5.3 Mitigation Program.......................................................................I..... 3-11 3.6 Geology and Soils ......................................... .................................................. 3-11 3.6.1 Geology and Soils Analysis................................................................ 3-12 3.6.2 Cumulative Impact............................................................................. 3-12 3.6.3 Mitigation Program............................................................................. 3-13 3.7 Hazards/Hazardous Materials .............................. ........ ............ ........... .... ....... .3-13 3.7.1 Hazards and Hazardous Materials Analysis ....................................... 3-13 3.7.2 Cumulative Impacts.. "'*** ...... * ....................... ........ **"* ....................... 3-14 3.7.3 Mitigation Program............................................................................. 3-15 3.8 Hydrology and Water Quality..........................................................................3-15 3.8.1 Hydrology and Water Quality Analysis ............................................... 3-15 3.8.2 Cumulative Impacts............................................................................ 3-17 3.8.3 Mitigation Program............................................................................. 3-17 3.9 Land Use and Planning........................................................... ....................... :3-17 G:iSandra Camphe11WND6050306.doc i Table of Contents Declaration TABLE OF CONTENTS (Continued) Section Pale 4.0 Report Preparers and Contributors......................................................................... 4-1 5.0 References.................................................................................................................5-1 TABLES Table Page ES -1 Mitigation Table .............. ................................................................................... I-;.... ES -1 1 Total Incremental Localized Emissions from Construction Activities on a One -acre Site (lbs/day)........................... ...................................... ............................... 3-6 GASand. CampbelNMND-05030SAm H Table of Contents 3.9.1 Land Use and Planning Analysis......................................................... 3-18 3.9.2 Cumulative Impacts........................................................................... 3-18 3.9.3 Mitigation Program............................................................................. 3-18 3.10 Mineral Resources ....... ................ ....... ............. ........ .... ......... ..... ......... ....... ..... 3-18 3.10.1 Mineral Resources Analysis............................................................... 3-18 3.10.2 Cumulative Impacts............................................................................ 3-18 3.10.3 Mitigation Program............................................................................. 3-19 3.11 Noise..............................................................................................................3-19 3.11.1 Noise Analysis.................................................................................... 3-19 3.11.2 Cumulative Impacts............................................................................ 3-20 3.11.3 Mitigation Program............................................................................. 3-20 3.12 Population and Housing ..................................................... .................... ......... 3-21 3.12.1 Population and Housing Analysis....................................................... 3-21 3.12.2 Cumulative Impacts............................................................................ 3-21 3.12.3 Mitigation Program............................................................................. 3-21 3.13 Public Services .............. ................................................................................. 3-22 3.13.1 Public Services Analysis.................................................................... 3-22 3.13.2 Cumulative Impacts............................................................................ 3-22 3.13.3 Mitigation Program............................................................................. 3-23 3.14 Recreation.. ........................................... ........................................................ 3-23 3.14.1 Recreation Analysis....:....................................................................... 3-23 3.14.2 Cumulative Impacts............................................................................ 3-23 3.14.3 Mitigation Program............................................................................. 3-23 3.15 Transportation/Traffic......................................................................................3-24 3.15.1 Transportation/Traffic Analysis........................................................... 3-24 3.15.2 Cumulative Impacts............................................................................ 3-25 3.15.3 Mitigation Program............................................................................. 3-25 3.16 Utilities and Service Systems..... ..................................................................... 3-25 3.16.1 Utilities and Service Systems Analysis ............................................... 3-26 3.16.2 Cumulative Impacts............................................................................ 3-26 3.16.3 Mitigation Program............................................................................. 3-26 3.17 Mandatory Findings of Significance ......................... .............................. ......... 3-27 3.17.1 Mandatory Findings of Significance Analysis ...................................... 3-27 4.0 Report Preparers and Contributors......................................................................... 4-1 5.0 References.................................................................................................................5-1 TABLES Table Page ES -1 Mitigation Table .............. ................................................................................... I-;.... ES -1 1 Total Incremental Localized Emissions from Construction Activities on a One -acre Site (lbs/day)........................... ...................................... ............................... 3-6 GASand. CampbelNMND-05030SAm H Table of Contents Mitigated Negative Declaration EXHIBITS Exhibit Follows Page 1 Regional Location .......... ............................................................................................... 2-4 2 Local Vicinity................................................................................................................2-4 3 Aerial View...................................................................................................................2-4 Table of Contents GAsandm cempten%MNo-oso3os.aoe i Mitigated Negative Declaration SECTION 1.0 INTRODUCTION 1.1 PURPOSE OF THE INITIAL STUDY In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.) and its Guidelines (California Code of Regulations §15000 et seq.), this Initial Study (IS) has been prepared as documentation for a Mitigated Negative Declaration (MND) for the proposed acquisition and interim use of a 0.93 -acre site as a City storage yard (project). The overall purpose of this acquisition would be to accommodate future roadway improvements along Brea Canyon Road up the intersection with Diamond Bar. This document, however, focuses on the potential environmental effects resulting from the land acquisition and the interim use of the site. This IS includes a description of the proposed project, location of the project site, evaluation of the potential environmental impacts, findings from the environmental review, and proposed mitigation measures to lessen or avoid impacts on the environment. Pursuant to Section 15367 of the State CEQA Guidelines, the City of Diamond Bar (City) is the lead agency for the project. The lead agency is the public agency that has the principal responsibility for carrying out or approving a project. The City, as the lead agency, shall have the authority for project approval and adoption of the accompanying environmental documentation. 1.2 SUMMARY OF FINDINGS Based on the environmental checklist form prepared for the project and supporting environmental analysis, the proposed project would have no impact or less than significant impacts in the following environmental impact areas: • Air Quality • Agricultural Resources • Geology/Soils • Hydrology/Water Quality • Land Use/Planning • Mineral Resources • Population and Housing • Public Services • Recreation • Transportation • Utilities/Service Systems The proposed project has the potential to have significant impacts in the following areas, unless the recommended mitigation measures are incorporated into the project: • Aesthetics • Biological Resources • Cultural Resources • Hazards/Hazardous Materials • Noise GAS-d.C—pb.IWND-050306.d.c 1-1 Section 1.0 Introduction Declaration According to the CEQA Guidelines, it inappropriate to prepare a MND for the proposed project because, after incorporation of the recommended mitigation measures, potentially significant environmental impacts would be eliminated or reduced to a level considered less than significant. 1.3 PROJECT APPROVAL The IS and proposed MND have been submitted to potentially affected agencies. Notices of availability of the IS/MND for review and comment have been posted on the project site, in City Hall and at the Los Angeles County Clerk's Office. The IS/MND and associated technical reports are available for review at the Department of Community and Development Services at City Hall in the City of Diamond Bar. There will be a 20 -day public review period for the IS/MND, in accordance with Section 15073 of the CEQA Guidelines. In reviewing the IS/MND, the reviewer should focus on the sufficiency of the document in identifying and analyzing the potential impacts on the environment and ways in which the potentially significant effects of the project are avoided or mitigated through components of the project. Comments on the analysis contained herein may be sent to: Ms. Nancy Fong, AICP Interim Community Development Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Following receipt of and evaluation of comments from agencies, organizations, and/or individuals, the City will determine whether any substantial new environmental issues have been raised. If not, or if the issues raised do not provide substantial evidence that the project will have a significant effect on the environment, the project and environmental documentation will be approved by the City of Diamond Bar Planning Commission and City Council. Action is anticipated on May 23, 2006. 1.4 ORGANIZATION OF THE INITIAL STUDY The Initial Study is organized into the following sections: Section 1 — Introduction. This section provides an introduction to the IS/MND process and a brief overview of the results of the IS analysis. Section 2 — Project Location and Environmental Setting. This section provides a detailed description of the proposed project's physical and operational characteristics, the project location, the project objectives, and describes the existing environmental setting of the project area. Section 3 — Environmental Checklist Form. The completed CEQA checklist form provides an overview of the potential impacts that may or may not result from project implementation. The environmental checklistform also includes "mandatory findings of significance" required by CEQA. This section also contains the analysis of environmental impacts identified in the environmental checklist and identifies mitigation measures that have been recommended to eliminate potential significant effects or reduce them to a level that is considered less than significant. Section 4 — Report Preparers and Contributors. This section identifies those individuals responsible for preparing and contributingto-the-IS and proposed MND. ...-.-- -.- GAS-d.C—pbOUND-050306A. 1-2 Section 1.0 Introduction Mitigated Negative Declaration Section 5 — References. This section identifies those references used in preparation of the IS. G.%Sand. C—pbdhMNO-050306.d.c 1-3 Section 1.0 Introduction Mitigated Negative Declaration SECTION 2.0 PROJECT LOCATION AND ENVIRONMENTAL SETTING 2.1 PROJECT LOCATION The proposed project site is located on the southeast corner of Diamond Bar Boulevard and Brea Canyon Road in the City of Diamond Bar, Los Angeles County. Regional access to the project site is provided by the State Route 57 via the interchange at Diamond Bar Boulevard. Local access to the site is primarily by Diamond Bar Boulevard, which runs adjacent to the northern boundary of the project site, and Brea Canyon Road, which borders the site to the west. Exhibits 1 and 2 depict the regional location and local vicinity of the project site, respectively. 2.2 ENVIRONMENTAL SETTING The proposed project site is located on an irregularly shaped parcel bordered by Brea Canyon Road to the west, Diamond Bar Boulevard to the north, a Los Angeles County Flood Control District channel to the east, and single-family residential uses to the south. The site is currently vacant and undeveloped. The project site is zoned C-1 and the General Plan designation is C -General Commercial. Exhibit 3 provides an aerial view of the project site, including the existing land uses. Onsite vegetation is comprised mainly of ruderal, weedy species with a few southern California black walnut (Juglans califomica) trees. An open, earthen -bottom drainage facility is located in the southern portion of the site. 2.3 PROJECT DESCRIPTION The proposed project involves the City's acquisition of a 0.93 -acre (40,511 square feet) undeveloped parcel, herein after referred to as the "project site", located on the southeastern corner of Brea Canyon Road and Diamond Bar Boulevard. The overall purpose of this acquisition would be to accommodate future roadway improvements along Brea Canyon Road up to the intersection with Diamond Bar Boulevard; the City may use the site as a City storage yard for nursery materials and equipment in the interim period. This document analyzes the potential environmental effects resulting from the land acquisition and the interim use of the site. Future use of the site to accommodate roadway improvements would require a separate environmental analysis. As part of the proposed project, the entire project site would be asphalt -paved and enclosed by a seven -foot chain-link fence and locking gate. Site access would occur from a single driveway off of Brea Canyon Road. Typical materials that would be stored in the storage yard would include nursery stock and planting materials. Approximately eight vehicle trips per day are assumed to/from the site by City employees. To accommodate the interim storage yard use, the 0.93 -acre site would require grading to create a level pad. Approximately 7,500 cubic yards of cut and fill would be balanced on the site to create a level pad and a four -foot high retaining wall is assumed to be constructed adjacent to the off-site Los Angeles County Flood Control District (LACFCD) drainage channel. Grading activities are anticipated to occur within a single 8 -hour period and would involve one piece of grading equipment. Site paving and fence installation would occur over an 8 -hour period and required construction equipment is assumed to include one asphalt truck and one roller. GAS dr Ca Pbe11\MND-050306.do 24 Section L.0 Project Location and Environmental Setting Declaration On-site drainage would sheetflow to the existing City stormdrain system in Brea Canyon Road. The proposed retaining wall along the project's eastern and southern boundaries would direct all runoff away from the LACFCD Channel. 2.3.1 DRAFT PROJECT SCHEDULE The proposed project would be developed in one phase over an approximate two-day period. It is anticipated that project construction would occur in July 2007. G:1Sandm CampbMAMND-050306.d.c 2-5 - Section 2.0 Project Location and Environmental Setting Mitigated Negative Declaration SECTION 3.0 ENVIRONMENTAL CHECKLIST FORM This section includes the completed environmental checklist form. The checklist form is used to assist in evaluating the potential environmental impacts of the proposed project. The checklist form identifies whether the project is expected to have potential significant impacts. Substantiation and clarification for each checklist response is provided below each environmental topic. 1. Project title: 2. Lead agency name and address: 3. Contact person and phone number: 4. Project Location: 5. Project sponsor's name and address: 6. General Plan designation: 7. Zoning: 8. Description of Project: Acquisition and Interim Storage Yard Use of a 0.93 -Acre Parcel at Diamond Bar Boulevard and Brea Canyon Road City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Nancy Fong, AICP, Interim Community Development Director (909) 839-7081 Southeast corner of Diamond Bar Boulevard and Brea Canyon Road, City of Diamond Bar City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 C- General Commercial C-1 The proposed project involves the acquisition and interim use of a 0.93 -acre (40,511 square feet) undeveloped parcel to accommodate future roadway improvements along Brea Canyon Road up to the intersection with Diamond Bar Boulevard. During the interim period, the City proposes to use the site as a City storage yard for nursery materials and equipment. Future use of the site to accommodate roadway improvements would require a separate environmental analysis. Surrounding land uses and setting: The project site exists as an isolated parcel and is bordered by Diamond Bar Boulevard to the north, Brea Canyon Road to the west, single-family residential uses to the south, and a Los Angeles County Flood Control District concrete channel to the east. The site is undeveloped and contains ruderal, weedy species and four black walnut trees. 10. Other public agencies whose approval is required: None. GAS -d. C-poellUND.050306.aoc 3-1 Section 3.0 Environmental Checklist Form ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: ® AestheticNisual ® Biological Resources ❑ Agricultural Resources ❑ Air Quality ® Cultural Resources ❑ Geology/Soils Declaration ® Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature of Lead Agency Representative Printed name Date Agency GdSand. Cempb.11WND-050306.doc 3-2 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration ENVIRONMENTAL ASSESSMENT 3.1 AESTHETICS Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact Would the project: ; a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic ❑ l ❑ ❑ buildings within a state scenic highway? c) Substantially degrade the existing visual character or ❑ ❑ ® ❑ quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the ❑ ❑ ❑ area? 3.1.1 AESTHETICS ANALYSIS a) No Impact The proposed project involves the development of a vacant, undeveloped parcel. The project site is located in a developed area characterized by residential and commercial development. An undeveloped area exists immediately east of the project site, however, this area does not contain any scenic resources. Development of the project would not significantly impact any identified scenic vistas. b) Less Than Significant With Mitigation. The proposed project would not substantially damage any scenic resources such as trees, rock outcroppings, or historic buildings. The project site is dominated by ruderal vegetation with four scattered southern California black walnut trees along the eastern and northern edges. Construction activities would require the removal of these trees. According to Chapter 22.38 of the Diamond Bar Development Code (Tree Preservation and Protection Ordinance), native trees with a diameter at breast height (dbh) of eight inches including oak (Quercus spp.), walnut (Juglans califomica), naturalized California Pepper (Shinus molle), as well as significant trees of cultural or historical value require preservation and maintenance. Should the on-site trees meet the dbh criteria of the Tree Preservation and Protection Ordinance, their removal as part of project implementation would result in a significant impact. Implementation of Mitigation Measure 3.1-1 would reduce this impact to a level considered less than significant. c) Less Than Significant Impact. The proposed project would alter the visual appearance of the project site through the removal of on-site vegetation and development of the site as a storage yard. While this change would represent adversely impact the existing aesthetic environment, it would not remove or eliminate existing views of any scenic resources; therefore, changes to the visual character of the project site would be less than significant. d) No Impact. As proposed, the project would not introduce any new sources of light. Additionally, development of the site with an asphalt surface surrounded by a chain-link fence would not result in glare. No impacts would occur. 3.1.2 CUMULATIVE IMPACTS The proposed project would alter the visual character of the project site from an undeveloped, vacant parcel in an area characterized by residential and commercial development to a fenced off storage yard. Any impacts related to the visual environment are site-specific and would not be would not be cumulatively considerable. GASand2 Campbe01MN0-050306.dx 3-3 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.1.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures MM 3.1-1 Prior to initiation of grading, a tree survey shall be conducted to determine whether any of the trees on the project site meet the requirements of the City's tree ordinance. Should any native trees within the impact area meet the size criteria of a diameter at breast height (dbh) of eight inches, the trees shall be replaced at a 3:1 ratio. The size of replacement trees will be determined by the City of Diamond Bar. 3.2 AGRICULTURAL RESOURCES Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact Would the prosect;;: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and ❑ ❑ ❑ 0 Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ❑ ❑ ❑ Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion ❑ ❑ ❑ N of Farmland, to non-agricultural use? 3.2.1 AGRICULTURAL RESOURCES ANALYSIS a) No Impact. According to the City of Diamond Bar General Plan, the project site does not contain any land which is designated as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance. Additionally, the project site is not in agricultural use or under Williamson Act contracts. No impacts would result from project implementation. b) No Impact. The project site is currently zoned C-2 and would not conflict with agricultural zoning. The project site is not covered by a Williamson Act contract. c) No Impact. As stated previously in 3.2.1 (a), the project site is neither designated as Farmland nor does it contain any agricultural uses. Development of the project site as a storage yard would not result in the conversion of Farmland to non-agricultural use. 3.2.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact agricultural resources. 3.2.3 MITIGATION PROGRAM Standard Conditions of Approval None. G:IS-d. Ce pb.1hMND-050306.doc 34 Sectton 3.0 Environmental Checklist Form Mitigation Measures None required. 3.3 AIR QUALITY Would the project: a} Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? 3.3.1 AIR QUALITY ANALYSIS Declaration ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ a—d) Less Than Significant Impact. As discussed in Section 2.3, Project Description, the project site would require minor grading to create a level pad. Approximately 7,500 cubic yards of cut and fill would be balanced on site to create the level pad; a four -foot retaining wall is assumed to be constructed adjacent to the off-site Los Angeles County Flood Control District (LACFCD) drainage channel. Grading activities are assumed to occur within a single 8 -hour period and would involve one grader. Site paving and fence installation is assumed to occur over an 8 -hour period; required construction equipment would include one asphalt truck and one roller. Lona -Term Operational Impacts As stated previously, the project site would ultimately be part of roadway improvements at the Brea Canyon Road/Diamond Bar Boulevard intersection; until the roadway improvements are ready for construction, an interim use of the project site would result in the creation of a new City storage yard for nursery material and equipment. Long-term operation of the proposed project would not conflict with or obstruct implementation of the applicable air quality plan. Likewise, it would not violate any air quality standard, contribute to an existing or projected air quality violation, or result in a cumulatively considerable net increase of any criteria air pollutant. Sensitive receptors would not be exposed to substantial pollutant concentrations as a result of project implementation. The proposed project would not create objectionable odors affecting a substantial number of people. Short -Term Construction Impacts Consistent with the South Coast Air Quality Management District's (SCAQMD's) CEQA Handbook (1993), the construction -related air quality impacts of all proposed projects in the South Coast Air Basin must be considered. Because the proposed project would impact an area of less than five acres, SCAQMD's mass rate Localized Significance G:1Sandra CampbOWNG-050306.doc 3-5 Section 3.0 Environmental Checklist Form Less Than Potentially Significant Impact Significant With Mitigation Less Than Significant Impact No Impact ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ a—d) Less Than Significant Impact. As discussed in Section 2.3, Project Description, the project site would require minor grading to create a level pad. Approximately 7,500 cubic yards of cut and fill would be balanced on site to create the level pad; a four -foot retaining wall is assumed to be constructed adjacent to the off-site Los Angeles County Flood Control District (LACFCD) drainage channel. Grading activities are assumed to occur within a single 8 -hour period and would involve one grader. Site paving and fence installation is assumed to occur over an 8 -hour period; required construction equipment would include one asphalt truck and one roller. Lona -Term Operational Impacts As stated previously, the project site would ultimately be part of roadway improvements at the Brea Canyon Road/Diamond Bar Boulevard intersection; until the roadway improvements are ready for construction, an interim use of the project site would result in the creation of a new City storage yard for nursery material and equipment. Long-term operation of the proposed project would not conflict with or obstruct implementation of the applicable air quality plan. Likewise, it would not violate any air quality standard, contribute to an existing or projected air quality violation, or result in a cumulatively considerable net increase of any criteria air pollutant. Sensitive receptors would not be exposed to substantial pollutant concentrations as a result of project implementation. The proposed project would not create objectionable odors affecting a substantial number of people. Short -Term Construction Impacts Consistent with the South Coast Air Quality Management District's (SCAQMD's) CEQA Handbook (1993), the construction -related air quality impacts of all proposed projects in the South Coast Air Basin must be considered. Because the proposed project would impact an area of less than five acres, SCAQMD's mass rate Localized Significance G:1Sandra CampbOWNG-050306.doc 3-5 Section 3.0 Environmental Checklist Form Declaration Threshold (LST) look -up tables were consulted to determine whether the proposed project would result in significant localized air quality impacts during construction. Specifically, the one -acre site example was used to represent the activities at the project site. Based on the look -up table, a one -acre construction project would be expected to produce the emissions illustrated in Table 1. It should be noted that, due to the short construction duration, small number of construction vehicles, and limited earth movement required for construction of the proposed project, it would be expected to produce fewer emissions than SCAQMD's sample one -acre construction project. TABLE 1 TOTAL INCREMENTAL LOCALIZED EMISSIONS FROM CONSTRUCTION ACTIVITIES ON A ONE -ACRE SITE (Ibslday) :'co Nox .;Pmts .. Maximum Daily On -Site Emissions 15.5 34.3 2.5 Significance Threshold 37 102 3 Exceed Significance? NO NO NO Source: Sample Constriction Scenarios for Projects Less Than Five Acres in Size, SCAQMD, February 2005 Note: Most stringent LSTs applied As illustrated in Table 1, construction of the proposed project would not result in significant localized air quality impacts. Therefore, the proposed project would not result in significant short- or long-term air quality impacts. No mitigation is required. e) Less Than Significant Impact. Odors may result during construction from diesel particulate emissions from some construction equipment and trucks. However, these odors would be short-term (only during construction activities) and would only be generated during the daytime and weekday hours of operation. Long-term use of the project site as a storage yard for nursery stock would not generate objectionable odors. Therefore, odor impacts would be less than significant. 3.3.2 CUMULATIVE IMPACTS Due to the limited scope and size of the project, significant impacts related to air quality would not occur. Likewise, impacts related to air quality would not be cumulatively considerable. 3.3.3 MITIGATION PROGRAM Standard Conditions of Approval Although operation of the proposed project would not result in significant air quality impacts, the following construction operation measures are recommended to control particulate matter (PM10) and carbon monoxide (CO) emissions at the project site: SC 3.3-1 The City will apply water to at least SO percent of the surface area of all open storage piles on a.daily basis or install temporary coverings over stock piles when there is evidence of wind driven fugitive dust. SC 3.3-2, The City will ensure that all equipment is properly tuned and maintained in accordance with manufacturers' specifications. GAS -d. Campbell\MND-050306.d.c 3-6 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration Mitigation Measures None required. 3.4 BIOLOGICAL RESOURCES Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Would the project: a) Have a substantial adverse effect, either directly or through habitat modification, on any species identified as a candidate, sensitive, or special status species in local ❑ ® ❑ ❑ or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or ® ❑ regional plans, policies, regulations, or by the California ❑ ❑ Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water ® ❑ Act (including, but not limited to, marsh, vernal pool, ❑ ❑ coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident .or migratory fish or wildlife species or with ❑ ❑ ® ❑ established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting ❑ biological resources, such as a tree preservation policy ❑ ❑ or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation ❑ ❑ ❑ Plan, or other approved local, regional, or state habitat conservation plan? 3.4.1 BIOLOGICAL RESOURCES ANALYSIS a) Less Than Significant With Mitigation. Four individual southern California black walnut (Juglans californica) trees, a California Native Plant Society (CNPS) List 4 species, were observed on the project site. The proposed project also has potential to impact other special status plant species and burrowing owl (Athene cunicularia). The potential for both special status plant species and burrowing owl to occur on the project site is considered limited due to the limited amount of habitat present on the project site, and the relatively low quality of the habitat (i.e., vegetation is primarily non-native, weedy species). If a special status plant species is observed within the impact area, and the size and the status of the species warrants a finding of significance, impacts on special status plant species would be considered significant. If a nesting burrowing owl is observed on or adjacent to the project site, impacts on the burrowing owl would be considered significant. These impacts would be reduced to levels considered less than significant with implementation of MMs 3.4-1 and 3.4-2. Construction activities could also directly impact nesting birds, protected by the Migratory Bird Treaty Act (MBTA) during vegetation removal, and indirectly impact ,nesting raptors, protected by Section 3503.5 of the California Fish and Game Code, through indirect noise G:1Sandra CempbOVAND-050305.d.. 3-7 Section 3.0 Environmental Checklist Farm Mitigated Negative Declaration or increased human activity if they nested in the gum trees (Eucalyptus sp) or other ornamental trees adjacent to the project site. If nesting birds are present on the project site or nesting raptors are present adjacent to the project site during the initiation of construction activities, impacts on these species would be considered potentially significant. This impact would be reduced to a level considered less than significant after implementation of MM 3.4-3. b) Less Than Significant Impact. The project site is composed primarily of non-native grassland dominated by brome grasses (Bromus sp.) with weedy species such as wild radish (Raphanus sativus) and milk thistle (Silybum marianum), which are not considered to be riparian habitat or other sensitive natural community. Additionally, four southern California black walnut trees are present on the project site; however, there are not enough trees for the site to be considered a walnut woodland. Loss of these species would not constitute a significant impact related to riparian species or other sensitive natural community. There is also an open drainage channel in the southern portion of the site; however, the project has been designed to avoid impacts to the channel. Thus, the project would not impact the drainage channel or any species found within the drainage area. c) Less Than Significant Impact. The project site does contain an open drainage channel on the southern portion of the site; however, the proposed project actions would avoid entering the channel, thus avoiding any significant impacts. d) Less Than Significant Impact. The project site is not expected to accommodate wildlife movement. It is located within an area that is largely developed with commercial and residential uses, and is surrounded by physical barriers so that it does not connect with larger areas of open space. The project site contains only limited vegetation, non-native grassland, which does not provide adequate cover for most medium to large wildlife species. Although the on-site drainage in the southern portion of the project site does connect to a larger drainage, the project would not impact this drainage as previously discussed in 3.4.1 (c). Therefore, any impacts related to wildlife movement or migration would be considered less than significant. e) Less Than Significant With Mitigation. Four southern California black walnut trees, a California Native Plant Society (CNPS) List 4 species, are present on the project site. Based on proposed project design, these trees would be removed as part of project implementation. According to Chapter 22.38 of the Diamond Bar Development Code, Tree Preservation and Protection, the southern California black walnut is a native tree to be .preserved; therefore, if the trees are determined to meet the size criteria specified in the ordinance their removal would be considered a significant impact. Implementation of MM 3.1-1 identified previously in Section 3.1.3 would reduce this potential impact to a less than significant level. f) No Impact. The project site does not fall within the boundaries of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 3.4.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts to biological resources. All potentially significant impacts related to biological resources would be adequately mitigated to a less than significant level; therefore, these impacts would not be cumulatively considerable. G.1Sandm CampbelhMNO-O50305.doc 3-8 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.4.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures MM 3.4�1 A focused survey for -special status plant species will -be conducted by a qualified biologist during the appropriate blooming period to determine the presence or absence of special status plant species on the project site. If a special status plant species is observed within the impact area, and the size and the status of the species warrants a finding of significance, consultation with the resource agencies will be required to determine appropriate mitigation. Mitigation may include avoidance, preservation of an existing population, or relocation of special status plant species to a mitigation site. MM 3.4-2 If construction is initiated between February 1 and June 30, a survey for nesting raptors and burrowing owl will be conducted. If construction is initiated between July 1 and January 31, a survey for burrowing owl will be conducted. Seven days prior to the onset of construction activities, a qualified biologist will survey within 500 feet of the project impact area for the presence of any active raptor nests (common or special status), including burrowing owl burrows. Any active nest/burrow found during survey efforts will be mapped on the construction plans. If no active nests/burrows are found, no further mitigation would be required. If an active nest/burrow is observed, a 100 to 500 foot buffer area (as determined by the qualified biologist based on the species and site conditions) will be established around the nest/burrow to protect the nest/burrow until nesting activity has ended to ensure compliance with the California Fish and Game Code. If an active burrowing owl burrow is observed outside the breeding season for this species, the owl will be flushed and the burrow will be closed using burrow -closure procedures approved by CDFG and/or Burrowing Owl Consortium guidelines (1993). MM 3.4-3 If construction is initiated between March 15 and September 15, a survey for nesting birds will be conducted. Seven days prior to the onset of construction activities, a qualified biologist will survey the project impact area for the presence of any active nests. Any nest found during survey efforts will be mapped on the construction plans. If no active nests are found, no further mitigation will be required. If an active nest is observed, a 100 to 500 foot buffer area (as determined by the qualified biologist based on the species and site conditions) will be established around the nest to protect the nest until nesting activity has ended to ensure compliance with the Migratory Bird Treaty Act (MBTA). GASandm Campb.1hMND-050306.doc 3-9 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.5 CULTURAL RESOURCES Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact Would the project: a) Cause a substantial adverse change in the significance ❑ ❑ ® 1771 of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance El IR El Il of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological ® El El resource or site or unique geologic feature? d) Disturb any human resources, including those interred El ® El El outside of formal cemeteries? 3.5.1 CULTURAL RESOURCES ANALYSIS a) Less Than Significant Impact. The project site currently exists as a vacant, undeveloped parcel that does not contain any structures. Therefore, potential impacts to historical resources would not occur. b) Less Than Significant With Mitigation. The proposed project is located on a vacant, undeveloped site. Although the, site does not contain any known archaeological resources, there is potential that grading operations could impact buried archaeological resources. Therefore, in order to ensure that impacts would be less than significant, if any archaeological resources are encountered during grading, all grading activities would be suspended and the resource would be left in place until a qualified archaeologist could examine them and determine an appropriate course of action. c) Less Than Significant Impact With Mitigation. The proposed project is located on a vacant, undeveloped site. Although the site does not contain any known paleontological resources, there is potential that grading operations could impact buried paleontological resources. Therefore, in order to ensure that impacts would be less than significant, if any paleontological resources are encountered during grading, all grading activities would be suspended and the resource would be left in place until a qualified paleontologist could examine them and determine an appropriate course of action. d) Less Than Significant With Mitigation. As previously discussed, the proposed project is located on a vacant, undeveloped site. Although the site does not contain any known human resources, there is potential that grading operations could impact buried human resources. Therefore, in order to ensure that impacts would be less than significant, if any human remains are discovered during grading activities, construction activity in the area of the find will halt and the Los Angeles County Coroner will be notified. If the Coroner determines that, the remains are not recent, the Coroner will notify the Native American Heritage Commission for consultation. 3.5.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts to any historic, archaeological, or paleontological resources. All potential direct impacts would be fully mitigated through the implementation of the mitigation program; therefore, no cumulative impacts would occur. G.%Sandra Campbe111MNM50306.doc 3-10 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.5.3 MITIGATION PROGRAM Standard Conditions of Approval None Mitigation Measures MM 3.5-1 If archaeological resources are encountered during grading, construction activities in .. the area of the find must be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine the appropriate course of action. MM 3.5-2 If paleontological resources are encountered during grading, construction activities in the area of the find must be immediately suspended the resource must be left in place until a qualified paleontologist can examine it and determine the appropriate course of action. MM 3.5-3 If human remains are encountered during grading, construction activities in the area of the find must be immediately halted and the Los Angeles County Coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the Coroner determines that the remains are not recent, the Coroner will notify the Native American Heritage Commission for consultation. Less Than 3.6 GEOLOGY AND SOILS Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 El o 0 ® ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ oAszndre Csmpb.1RMND-05030e.doc 3-11 Section 3.0 Environmental Checklist Form Declaration 3.6.1 GEOLOGY AND SOILS ANALYSIS a) i) No Impact. According to the California Geological Survey, the City of Diamond Bar is not affected by an Alquist-Priolo Earthquake Fault Zone (APEFZ) (CGS website, accessed March 28, 2006). No active faults are known to traverse the project site. ii) No Impact. The project site, as with the entire southern California region, is subject to secondary effects from earthquakes including seismic ground shaking. However, the project does not propose construction of any habitable structures; therefore, implementation of the proposed project would not expose people of structures to hazards related to seismic -induced ground shaking. iii) No Impact. According to the City of Diamond Bar General Plan, the project site is not located within a potential liquefaction zone. Therefore, the potential for seismically - related liquefaction does not represent an environmental impact. iv) No Impact. The proposed project site would be graded to a generally level surface. On- site terrain would not be susceptible to seismically -related landslides. b) Less Than Significant Impact. The largest source of erosion, particularly in an urban environment, is uncontrolled drainage during construction. However, due to the project size (0.93 -acre) and the limited construction schedule (one day for grading and one day for paving), the potential for substantial erosion or loss of topsoil would be less than significant. Additionally, the operation of the project site would not cause the loss of topsoil or erosion because the site would be entirely paved with impervious surfaces. c) Less Than Significant Impact. The proposed project site is located within an area with moderate or greater slope stability, as determined by the City of Diamond Bar General Plan. The site would be subject to minor grading activities to provide a level surface suitable for paving. Interim use would be limited to a storage yard for nursery materials. Based on existing conditions and the nature of the proposed project, minor grading activities would be sufficient to prepare the project site for the. proposed development; therefore, the proposed project would result in less than significant impacts related to development on an unstable soil unit. d) Less Than Significant Impact. As described above, the project site would be subject to grading activities to provide a level surface suitable for paving. Based on existing conditions and the nature of the proposed interim use, minor grading activities would be sufficient to prepare the project site for use; therefore, the proposed project would result in less than significant impacts related to expansive soils. e) No Impact. The proposed project would not involve the use of septic tanks or alternative waste water disposal systems. 3.6.2 CUMULATIVE IMPACT Generally, geotechnical issues are site-specific and are usually limited to areas within the development boundaries of the project site. The project would not result in any significant impact related to geotechnical issues; therefore any of the identified impacts are not considered to be cumulatively considerable. GASand. CampbWRMND.D50305.doc 3-12 Section 3.0 Environmental Checklist Form Declaration 3.6.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. 3.7.1 HAZARDS AND HAZARDOUS MATERIALS ANALYSIS a) Less Than Significant Impact. The proposed project would not involve the routine transport, use, or disposal of hazardous materials. As proposed, the project site would involve interim use as a City storage yard for nursery materials and equipment. Typical items anticipated for storage would include nursery stock (container plants and trees, etc.) and would not include any types of hazardous materials. Therefore, development of the project site would not create a hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. WSandm CampbeIRMND-050305.doc 3-13 Section ;i. u Environmental Checklist Form Less Than 3.7 HAZARDS/HAZARDOUS MATERIALS Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Vllould the projecti a) Create a significant hazard to the public or the ❑ environment through the routine transport, use, or ❑ ❑ ® disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and ❑ ❑ ® ❑ accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ❑ ❑ ❑ one -quarter -mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, ❑ ® ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the ❑ ❑ ❑ project result in a safety hazard for people residing or working In the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or ❑ ❑ ❑ working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency ❑ ❑ ❑ ED evacuation plan? h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where ❑ ❑ ❑ IR wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 3.7.1 HAZARDS AND HAZARDOUS MATERIALS ANALYSIS a) Less Than Significant Impact. The proposed project would not involve the routine transport, use, or disposal of hazardous materials. As proposed, the project site would involve interim use as a City storage yard for nursery materials and equipment. Typical items anticipated for storage would include nursery stock (container plants and trees, etc.) and would not include any types of hazardous materials. Therefore, development of the project site would not create a hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. WSandm CampbeIRMND-050305.doc 3-13 Section ;i. u Environmental Checklist Form Mitigated Negative Declaration b) Less Than Significant Impact. As indicated previously in 3.7.1 (a), implementation of the proposed project would not involve the transport, use, disposal, or storage of hazardous materials; therefore, the possibility of accidentally releasing hazardous materials into. the environment is less than significant. c) No Impact. There are no schools located within one mile of the project site; therefore, no impact would occur related to hazardous emissions or handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of a school site. d) Less Than Significant With Mitigation. According to the Phase I Environmental Site Assessment Report prepared for the project site by Converse Consultants on February 13, 2006, the project site is not listed as a hazardous materials site pursuant to Government Code Section 65962.5. However, two Leaking Underground Storage Tank sites have been identified to the northwest and west of the project site. Specifically, the Shell Service Station located northwest of the project site reported a gasoline underground storage tank leak in June of 1989. This case was remediated and closed in 1996. Another on-site release was being confirmed as of June 2005. The ARCO Service Station located westerly of the project site reported a Leaking Underground Storage Tank (LUST) release in March of 1989 and a groundwater monitoring well system was installed. A soil vapor extraction well system was installed in January 1996. In August of 2000, Methyl Tertiary Butyl Ether (MTBE) was detected in the local groundwater beneath the site. Although the project site is not listed as a hazardous materials site, its proximity to the two unresolved hazardous materials releases represents a potential significant impact that may require remediation. Consultation with the Regional Water Quality Control Board (RWQCB) and/or the Los Angeles County Department of Public Works (DPW) regarding the two identified releases and any subsequent remediation would reduce this impact to a less than significant level. e) No Impact. The project is not located within an airport land use plan and is not within a crash hazard zone. f) No Impact. The proposed project is not located in proximity to a private airstrip. g) No Impact. The proposed project does not involve modifications to the local circulation system nor would it generate substantial amounts of traffic; therefore, it would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. h) No Impact. The proposed project exists as an isolated parcel surrounded by roadways to the north and west, a concrete lined drainage channel to the east, and residential development to the south. Although the site is adjacent to an open space area (east of the concrete lined drainage channel), the project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. 3.7.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts for hazards and hazardous materials. Any potential direct impacts would be fully mitigated with implementation of the mitigation program. G:1Sandm GampbelnMNO-050306.doc 3-14 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.7.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures MM 3.7-1 Prior to initiation of grading, the City will conduct a thorough file review of the adjacent Shell and Arco gas stations at the .Regional Water Quality Control Board (RWQCB) and/or the Los Angeles County Department of Public Works (DPW) to evaluate potential impact to the project site. 3.8.1 HYDROLOGY AND WATER QUALITY ANALYSIS a) Less Than Significant Impact. Grading and construction activities on the site have the potential to contribute sediment -laden runoff and pollutants from earth disturbance and heavy equipment leaks into the storm sewer system during rain events. The State Water GdSmd. Ca pbe111MND-050306.doc 3-15 Section 3.0 Environmental Checklist Form Less Than 3.8 HYDROLOGY AND WATER QUALITY Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Would the project: ;. a) Violate any water quality standards or waste discharge ❑ ❑ ® ❑ requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate ❑ ❑ M ❑ of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a E] 11 Elstream or river, in a manner that would result in substantial erosion or siltation onsite or offsite? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or ❑ ❑ ❑ amount of surface runoff in a manner that would result in flooding onsite or offsite? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage ❑ ❑ ❑ systems or provide substantial additional sources of pollutant runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ® ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood ❑ ❑ ❑ Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures ❑ ❑ ❑ which would impede or redirect flood flows? I) Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a ❑ ❑ ❑ result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ 10 3.8.1 HYDROLOGY AND WATER QUALITY ANALYSIS a) Less Than Significant Impact. Grading and construction activities on the site have the potential to contribute sediment -laden runoff and pollutants from earth disturbance and heavy equipment leaks into the storm sewer system during rain events. The State Water GdSmd. Ca pbe111MND-050306.doc 3-15 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration Resources Control Board (SWRCB), Division of Water Quality issues National Pollutant Discharge Elimination System (NPDES) stormwater permits for general construction activities. The Los Angeles Regional Water Quality Control Board (LARWQCB) enforces the NPDES program for the State of California within its jurisdiction, which includes the City of Diamond Bar. Dischargers whose projects disturb one or more acres of soil are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 99-08-DWQ). Due to the project size (0.9 -acre), a stormwater permit for general construction activities is not required. Therefore, any pollutants which may reach the City storm sewer system would be less than significant due to the minimal amount of construction activity. Interim use activities, including the storage of nursery stock on the site would not violate water quality standards. As part of the proposed project, the project site would be paved with asphalt, resulting in a minor increase of impervious surface. Despite the creation of new impervious surface area, the project does not fall into any of the categories identified in the Los Angeles County MS4 Permit as requiring a Standard Urban Storm Water Mitigation Plan (SUSMP). Any pollutants associated with stormwater runoff that may enter the City's storm sewer system would be less than significant due to the small size of the project site and minimal pollutant -generating activities. b) Less than Significant Impact. The proposed project would not significantly impact groundwater supplies or interfere with groundwater recharge. Due to the nature of the project, no additional demand for potable or non -potable water would be created and groundwater supply would not be impacted. The proposed project design would result in a small increase in impervious surface on the site; however, this small area (0.93 -acre) would not significantly impact the amount of groundwater recharge in the project area. Potential impacts would be less than significant. c) No Impact Runoff from the project site, which currently exists as a semi -pervious surface, is currently allowed to sheet flow onto surrounding uses, including the LACFCD drainage channel located east of the site. Upon completion of construction, the project site would be paved with asphalt, thus creating an impervious surface. An approximately 4 -foot retaining wall is assumed to be constructed along the eastern and southern boundary of the project site to direct runoff away from the LACFCD drainage channels. Surface runoff would then sheet flow to Brea Canyon Road and enter the City's storm sewer system. Because the entire site would be paved, site drainage would not result in substantial erosion or siltation onsite or offsite. d) Less than Significant Impact. As previously discussed, project design would result in creation of an impervious surface on the site. However, the paved area totals less than one acre; therefore, stormwater runoff amounts and rates would not be increased significantly. Further, stormwater would be directed to an existing storm sewer system inlet in Brea Canyon Road; therefore, no flooding would occur. e) No Impact. As mentioned in 3.8.1 (c) and (d) above, the amount of paved area associated with the project would be minimal; therefore, a significant change to the amount of stormwater entering the storm drain system would not occur. The capacity of the stormwater drainage system would not be impacted by the proposed project - f) Less Than Significant Impact. As previously discussed in 3.8.1 (a), the project would not require compliance with NPDES General Construction Permit requirements nor would it require a SUSMP due to its small size and proposed project actions. Therefore, any G:ISend. Campbe1hMND-050306.d.c 3-16 Section 3.0 Environmental Checklist Form Declaration pollutants associated with stormwater runoff and resultant impacts to water quality would be less than significant. g) No Impact The project would not place housing within a 100 -year flood plain, as depicted in the City of Diamond Bar General Plan, Figure IV -2. h) No Impact. The proposed project would not place structures within a 100 -year flood hazard area or impede or redirect flows within a 100 -year floodplain, as depicted in the City of Diamond Bar General Plan, Figure IV -2.- i) No Impact. The project involves development of the project site as an interim storage yard for nursery stock and would not expose people or buildings to any risk of flooding. j) No Impact. The proposed project would not expose people or structures to inundation by seiche, tsunami, or mudflow. The project site is not adjacent to a reservoir or lake that could experience seiche during ground shaking events. The project site is located over 25 miles from the ocean and would not be in danger from a tsunami event. The project is located on relatively level ground and would not expose people or structures to a significant risk involving mudslides. 3.8.2 CUMULATIVE IMPACTS The project would not result in cumulatively considerable impacts related to hydrology or water quality. Potential water quality impacts associated with construction activities and daily project operation would be less than significant. Because the project would be generating only minimal amounts of additional runoff, cumulative hydrology impacts would not be cumulatively considerable. 3.8.3 MITIGATION PROGRAM Standard Conditions of Approval None required. Mitigation Measures None required. 3.9 LAND USE AND PLANNING Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact Would the project: a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific ❑ ❑ ❑ plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or ❑ ❑ ❑ ED natural community conservation plan? WSandra CampbelProlND-050306.doc 3-17 Section 3.0 Environmental Checklist Form Declaration 3.9.1 LAND USE AND PLANNING ANALYSIS a) No Impact. The proposed project would develop a vacant parcel of land as an interim storage yard for nursery stock. The project site is surrounded by land uses that exist independent of one another; therefore, development of the site would not physically divide an established community. b) No Impact. Development of the project site with the interim use as a storage yard for nursery stock is an allowed use under the current zoning and general plan designation. Development of the proposed project would be in compliance with all applicable City of Diamond Bar plans, policies, and regulation. Impacts to land use would be less than significant. c) No Impact. The proposed project site is not located within any habitat conservation plan or within a natural community conservation plan. 3.9.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact land use or planning. 3.9.3 MITIGATION PROGRAM Standard Conditions of Approval None required_ Mitigation Measures None required. 3.10.1 MINERAL RESOURCES ANALYSIS d) No Impact. According to the City of Diamond Bar General Plan, the proposed project would not involve the development of land that could potentially result in the loss of a known mineral resource of value to the region or the state. e) No Impact. The project site is not designated as a locally important mineral resource recovery site in the City of Diamond Bar General Plan. 3.10.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact mineral resources. GdSandra CampbOWN0-050306.d-C 3-16 Section 3.0 Environmental Checklist Form Less Than 3.10 MINERAL RESOURCES Potentially Significant Significant With Less Than Significant No Impact Mitigation Impact Impact Would the protect' a) Result in the loss of availability of a known mineral resource that would be of value to the region and the ❑ ❑ ❑ residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local ❑ ❑ ❑ general plan, specific plan, or other land use plan? 3.10.1 MINERAL RESOURCES ANALYSIS d) No Impact. According to the City of Diamond Bar General Plan, the proposed project would not involve the development of land that could potentially result in the loss of a known mineral resource of value to the region or the state. e) No Impact. The project site is not designated as a locally important mineral resource recovery site in the City of Diamond Bar General Plan. 3.10.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact mineral resources. GdSandra CampbOWN0-050306.d-C 3-16 Section 3.0 Environmental Checklist Form Declaration 3.10.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. 3.11 NOISE Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact impa4 Would the project [esuit in; � a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan ❑ ❑ ® ❑ or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ ❑ ® ❑ groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels ® ❑ in the project vicinity above levels existing without the ❑ ❑ project? d) A substantial temporary or periodic increase in ambient ❑ noise levels in the project vicinity above levels existing ❑ ® ❑ without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles ❑ Of a public airport or public use airport, would the project ❑ ❑ expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the ❑ ❑ ❑ project area to excessive noise levels? 3.11.1 NOISE ANALYSIS a) Less Than Significant Impact. The construction process would ,generate noise, primarily during grading activities. The City of Diamond Bar has specifications in place regarding ambient noise limitations as outlined in the Diamond Bar City Code (DBCC) Chapter 8.12 Division 3. Under Section 8.12.720, construction -related noise is prohibited between the hours of 7:00 p.m. and 7:00 a.m. Noise from the short-term (less than ten days) operation of mobile construction equipment may not exceed a maximum of 85 dB. Additionally, all mobile or stationary internal -combustion -engine powered equipment or machinery must be equipped with suitable exhaust and air-intake silencers in proper working order. Daily operation of the storage yard would not generate significant levels of noise. Anticipated operational noise levels would not exceed noise standards established in the DBCC; therefore, impacts would be less than significant. b) Less Than Significant Impact. Grading activities have the potential to generate groundborne vibration and/or groundborne noise levels. However, grading activities and subsequent groundborne vibration and/or groundborne noise levels on the site would be limited due to the small size of the site (0.9 acre). Any impacts would be temporary and of GASandm Ca1PbeJJ\MND-050306.doc 3-19 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration minimal duration (e.g., one day). Additionally, adherence to the DBCC would restrict these activities to daytime hours. Impacts would be less than significant. c) Less Than Significant Impact. The project proposes development of the site as an interim storage yard for nursery stock. Based on the anticipated use of the site, ambient noise levels would not be increased substantially beyond existing conditions. Any increase associated with the project would be less than significant and would not be enough to significantly impact adjacent land uses. d) Less Than Significant With Mitigation. As discussed in Section 3.11.1(b), grading activities have the potential to generate temporary noise levels in excess of the standards established in the DBCC. However, adherence to the DBCC would restrict these activities to daytime hours. Therefore, impacts would be considered less than significant. e) No Impact. The proposed project is not located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. fl No Impact. The proposed project is not within the vicinity of a private airstrip. 3.11.2 CUMULATIVE IMPACTS The proposed project would contribute construction noise to the ambient sounds of the surrounding area. However, this contribution would not be cumulatively considerable. Peak noise periods would be short-term and of minimal duration. As discussed above, the project's contribution to long-term ambient noise levels would be so minor and infrequent that any potential impact would be less than significant and would not be cumulatively considerable. Cumulative impacts would be less than significant. 3.11.3 MITIGATION PROGRAM Standard Conditions of Approval SC 3.11-1 The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBCC Chapter 8.12. Mitigation Measures None required. Section 3.0 GAS -dr. CampbelllMND-050305.d 3-20 Environmental Checklist Form Declaration 3.12 POPULATION AND HOUSING Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and ❑ ❑ ❑ businesses) or indirectly (for example, through the extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ❑ ❑ necessitating the construction of replacement housing ❑ elsewhere? J c) Displace substantial numbers of people, necessitating the ❑ ❑ ❑ construction of replacement housing elsewhere? 3.12.1 POPULATION AND HOUSING ANALYSIS a) No Impact: The proposed project involves development of an interim storage yard for nursery stock and would not generate population growth in the area. b) No Impact: The project is proposed for development on a vacant, undeveloped parcel of land and would not eliminate existing housing or necessitate the construction of replacement housing elsewhere. c) No Impact: As discussed above in (c), the proposed project would not displace current residential land uses or cause the development of housing elsewhere. 3.12.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact population and housing. 3.12.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. c$6aodm campbeOWND.050306.doc 3-21 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration LIC SERVICES 3.13 :project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact Would th a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? ❑ ❑ El Police protection? E El ❑ El Schools? ❑ El Parks? El E E Other public facilities? El El El 3.13.1 PUBLIC SERVICES ANALYSIS a) Fire Protection—No Impact: Based on the nature of the proposed project, there would be no impact to fire protection services nor would it result in the need for new or physically altered fire protection facilities. Police Protection—No Impact: Based on the nature of the proposed project, there would be no impact to police protection services nor would it result in the need for new or physically altered police protection facilities. Schools—No Impact: The proposed project does not involve the development of residential land uses that could require additional school services. The project would not require an increase in school services or resources. Parks—No Impact: The project proposes development of a storage yard which would not generate additional demand for park facilities, there would be no direct impact on park services. other Public Facilities—No Impact: No other public facilities would be impacted by the proposed project. 3.13.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact public services. G:%S-d. Camphe1hMND-05D305.doc 3-22 SBCrlon 3.0 Environmental Checklist Form Declaration 3.13.3 MITIGATION PROGRAM Standard Conditions of Approval None required. Mitigation Measures None required. 3.14 RECREATION Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact Wouldldaes,the project: a) Would the project increase the use of existing neighborhood and regional parks or other recreational El it E facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities El El E] which might have an adverse physical effect on the environment? 3.14.1 RECREATION ANALYSIS a) No Impact. The proposed project would not increase the use of existing park and recreational facilities. b) No Impact. The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities that would have an adverse environmental impact. 3.14.2 CUMULATIVE IMPACTS The proposed project would have no direct or cumulative impacts on neighborhood or regional recreational facilities. 3.14.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. GASandm Campbell=D-050306.doc 3-23 secnon J.0 Environmental Checklist Form Mitigated Negative Declaration 3.15.1 TRANSPORTATIONITRAFFIC ANALYSIS a) Less Than Significant Impact. The proposed project would not increase vehicle trips or traffic congestion beyond adopted policies and/or forecasts. Due to the small size of the project site and the nature of the construction activities, the amount of vehicle trips to the project site during construction would be nominal. Once construction is complete, the only trips associated with the facility would be those of City employees for pick-up and drop-off of nursery materials. Approximately eight vehicle trips per day are assumed for the proposed project. Anticipated increases traffic volumes associated with the construction and daily operation of the project would be minor in nature and would not significantly impact the existing traffic load and capacity of the local street system. b) Less Than Significant Impact As described in 3.15.1(a), the volume of vehicle trips associated with the proposed project would be minimal. Therefore, the project's nominal contribution to existing traffic flow throughout the area would not result in traffic that exceeds a level of service standard established by the Los Angeles County Congestion Management Program for designated roads or highways. c) No Impact. Due to the nature of the project, no impacts to air traffic patterns would occur due to project implementation. d) No Impact. The project would not include additions or alternations to the existing roadway system. Therefore, no roadway design feature hazards or impacts would result. e) No Impact. As mentioned previously, the interim use project would not include any additions or alterations to the existing roadway system and would not result in inadequate emergency access. GAS -d. C—pbOUND-050305. m 3-24 Section J.0 Environmental checklist Form Less Than 3.15 TRANSPORTATIONiTRAFFIC potentially Significant Significant With Less Than Significant No Impact Mitigation Impact Impact Would project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the ❑ ❑ ® ❑ number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion ❑ ❑ ® ❑ management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or change in location that ❑ ❑ ❑ ® . results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or ❑ ❑ ❑ incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, .or programs ❑ ❑ ❑ supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 3.15.1 TRANSPORTATIONITRAFFIC ANALYSIS a) Less Than Significant Impact. The proposed project would not increase vehicle trips or traffic congestion beyond adopted policies and/or forecasts. Due to the small size of the project site and the nature of the construction activities, the amount of vehicle trips to the project site during construction would be nominal. Once construction is complete, the only trips associated with the facility would be those of City employees for pick-up and drop-off of nursery materials. Approximately eight vehicle trips per day are assumed for the proposed project. Anticipated increases traffic volumes associated with the construction and daily operation of the project would be minor in nature and would not significantly impact the existing traffic load and capacity of the local street system. b) Less Than Significant Impact As described in 3.15.1(a), the volume of vehicle trips associated with the proposed project would be minimal. Therefore, the project's nominal contribution to existing traffic flow throughout the area would not result in traffic that exceeds a level of service standard established by the Los Angeles County Congestion Management Program for designated roads or highways. c) No Impact. Due to the nature of the project, no impacts to air traffic patterns would occur due to project implementation. d) No Impact. The project would not include additions or alternations to the existing roadway system. Therefore, no roadway design feature hazards or impacts would result. e) No Impact. As mentioned previously, the interim use project would not include any additions or alterations to the existing roadway system and would not result in inadequate emergency access. GAS -d. C—pbOUND-050305. m 3-24 Section J.0 Environmental checklist Form Mitigated Negative Declaration f) No Impact. Based on the nature of the project site, it is anticipated that vehicles entering the facility would require a drop-off and/or pick-up area and no long-term parking would be required. The layout of the storage yard would include space to accommodate drop-off and/or pick-up of nursery stock, thus adequately accommodating the anticipated parking demand. g) No Impact. The project would not be a major employment center requiring the incorporation of alternative transportation facilities, nor would not create conflicts with adopted policies, plans, or programs supporting alternative transportation. 3.15.2 CUMULATIVE IMPACTS The proposed project would have no direct or cumulatively considerable impacts on traffic or transportation. 3.15.3 MITIGATION PROGRAM Standard Conditions of Approval None required. Mitigation Measures None required. 3.16 UTILITIES AND SERVICE SYSTEMS Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant No Impact Impact 'requirements a) Exceed wastewater treatment of the ❑ Cj ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing ❑ ❑ ❑ facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the ❑ ❑ ® ❑ construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are ❑ ❑ ❑ new or expanded entitlements needed? e) Result in a determination by the, wastewater treatment provider which serves or may serve the project that it has inadequate capacity to serve the project's projected ❑ ❑ ❑ demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to ❑ ❑ ❑ accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and ❑ ❑ ❑ regulations related to solid waste? GASandr C.wbeIMM1,11)-050305.d- 3-25 Jectron 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.16.1 UTILITIES AND SERVICE SYSTEMS ANALYSIS a) No Impact The proposed project involves development of the project site as an interim storage yard for nursery stock and would not generate any wastewater. Therefore, implementation of the proposed project would not exceed wastewater treatment requirements of the Regional Water Quality Control Board. b) No Impact. Based on the anticipated use of the site as an interim storage yard, the proposed project would not generate any wastewater nor would it generate new demand for water supply. Therefore, no impact would occur related to the construction of new or expansion of existing water or wastewater facilities. c) Less Than Significant Impact. Implementation of the proposed project would reduce the area of pervious surface by paving the project site with asphalt. This alteration to the site would increase the volume of storm water runoff entering the storm water system. However, due to the project's small size (less than one acre), the resultant increase in storm water runoff would not require construction of new storm water drainage facilities or the expansion of existing facilities. Any impact to the storm water system would be less than significant. d) No Impact. As previously discussed in 3.16(b), the project would not generate new demand for water supply. Therefore, implementation of the project would not require changes to existing water entitlements. e) No Impact. As previously discussed in 3.16(b), the proposed project would not generate wastewater. Therefore, no impacts related to the existing wastewater system would occur. f) No Impact. The project proposes to .develop the vacant, undeveloped project site as an interim storage yard and would not generate any solid waste during the construction or operation of the project. No impacts related to landfill capacity would occur. g) No Impact. No solid waste materials are anticipated to be generated at the project site; therefore, no impacts would occur related to compliance with federal, state, and local statutes and regulations. 3.16.2 CUMULATIVE IMPACTS The proposed project would have no direct or cumulatively considerable impacts on utilities or service systems 3.16.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. G:1Sand. Campb.1hMND-050306.dm 3-26 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration ANDATORY FINDINGS OF IGNIFICANCE Less Than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact project: the project have the potential to degrade the quality Ftheproject: e environment, substantially reduce the habitat of a r wildlife species, cause a fish or wildlife population op below self-sustaining levels, threaten to eliminatent or animal community, reduce the number or ct the range of rare or endangered plant or animal, or nate important examples of the major periods of ornia history or prehistory? .es the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a ❑ El ® 171project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human beings, ❑ ❑ ❑ either directly or indirectly? 3.17.1 MANDATORY FINDINGS OF SIGNIFICANCE ANALYSIS a) Less Than Significant With Mitigation. The proposed project has the potential to significantly impact aesthetics, biological resources, cultural resources, hazards/hazardous materials, and noise. However, with the incorporation of the mitigation measures described in each section, the construction and operation of the proposed project would have less than significant impacts on the environment. b) Less Than Significant Impact. The proposed project would not generate any cumulatively considerable impacts, as previously discussed within the text of each environmental analysis. c) Less Than Significant Impact. The proposed project would not have any environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly, as previously discussed within the text of each environmental analysis. GNS-d. Campbe[AMND-050306.doc 3-27 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration SECTION 4.0 REPORT PREPARERS AND CONTRIBUTORS LEAD AGENCY- CITY OF DIAMOND BAR CityManager.................................................................:................................... Linda Lowry Interim Community Development Director..........................:....................Nancy Fong, AICP BONTERRA CONSULTING Principal-in-Charge...................................................................Thomas E. Smith, Jr., AICP Assistant Project Manager............................................................................Jennifer Marks Environmental Analysis.....................................................................................Cindy Krebs Ecologist......................................................................................................... Amber Oneal Graphics....................................................................................................... Johnnie Garcia Administrative Assistant................................................................................ Heidi Hollstein CONVERSE CONSULTANTS Managing Officer.......................................................:.........................Norman S. Eke, REA SeniorManager.................................................................................. Scott M. Nunes, REA Staff Environmental Scientist................................................................ Douglas W. Krueger G:%Sand. C—pbe1hMND-0503D6.doc 4-1 Section 4.0 Report Preparers and Contributors Declaration SECTION 5.0 REFERENCES California Geological Survey. 2006. <http:llwww.consry.ca.govlCGS/rghm/ap/Map index/ city.htm>. Last accessed on March 28, 2006. City of Diamond Bar: 1995. City of Diamond Bar General Plan. City of Diamond Bar. (ND) Diamond Bar Municipal Code, .5http://Wm.ci.dj.a-mon1.d-- bar. ca. us/home/index.asp. Last accessed on March 31, 2006. Converse Consultants. 2006. Phase / Environmental Site Assessment Report Approximately ?-Acre of Undeveloped Land Southeast Corner of S. Brea Canyon Road and S- Diamond Bar Boulevard Diamond Bar, California. February 13. cAsanara campbOWND-0500BAoc 5-1 Section o.o Nererences Response to Comments Acquisition and Interim Storage Yard Use of a 0.93 -Acre Parcel at Diamond Bar Boulevard and Brea Canyon Road Initial Study/Mitigated Negative Declaration City of Diamond Bar 21825 Copley Avenue Diamond Bar, California 91765 Contact: Ms. Nancy Fong (909) 839-7081 May 30, 2006 Acquisition and Interim Storage Yard Use of a 0.93 -Acre Parcel at Diamond Bar Boulevard and Brea Canyon Road TABLE OF CONTENTS Section Page Section1.0 Introduction..........................................................................................................1-1 1.1 Introduction...................................................................................................1 1 1.2 Public Notification and Review Process....................................................... Section2.0 Responses to Comments....................................................................................2-1 2.1 Responses to Comment Letters Received...................................................2-1 RaPrajectslDBWU01MTC-O53D06.eoc i Responses to Comments Acquisition and Interim Storage Yard Use of a 0.93 -Acre Parcel at Diamond Bar Boulevard and Brea Canyon Road SECTION 1.0 INTRODUCTION 1.1 INTRODUCTION The City of Diamond Bar conducted an Initial Study (IS) for the acquisition and interim storage yard use of a 0.93 -acre parcel at Diamond Bar Boulevard and Brea Canyon Road project pursuant to the California Environmental Quality Act (CEQA), as amended (Public Resources Code §21000 et seq.) and in accordance with the State CEQA Guidelines (California Code of Regulations, Title 14, §15000 et seq.). Pursuant to Public Resources Code Section 21080(c)(2), the City of Diamond Bar determined that a Mitigated Negative Declaration (MND) was the appropriate environmental document for the project. Public Resources Code Section 21091(f) and the CEQA Guidelines Section 15074 require that the lead agency must consider the MND before approving the project. Specifically, Section 15074(b) states: Prior to approving a project, the decisionmaking body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decision making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project would have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis. The City of Diamond Bar received one comment letter on the IS/MND from County of Los Angeles Department of Public Works, which was dated May 17, 2006. Per CEQA, the lead agency is not required to prepare formal responses to comments received on the IS/MND; however, the City of Diamond Bar has elected to prepare a written response to the comment. The comment letter received is included in Section 2 of this document and is immediately followed by the City's response. 1.2 PUBLIC NOTIFICATION AND REVIEW PROCESS Section 15072 of the State CEQA Guidelines states: (a) A lead agency shall provide a notice of intent to adopt a negative declaration or mitigated negative declaration to the public, responsible agencies, trustee agencies, and the county clerk of each county within which the proposed project is located, sufficiently prior to adoption by the lead agency of the negative declaration or mitigated negative declaration to allow the public and agencies the review period provided under Section 15105. (b) The lead agency shall mail a notice of intent to adopt a negative declaration or mitigated negative declaration to the last known name and address of all organizations and individuals who have previously requested such notice in writing and shall also give notice of intent to adopt a negative declaration or mitigated negative declaration by at least one of the following procedures to allow the public the review period provided under Section 15105: R.%PmjectaWeAJ0171RTC-05=6.doc 1-1 Responses to Comments Acquisition and Interim Storage Yard Use of a 0.93 -Acre Parcel at Diamond Bar Boulevard and Brea Canyon Road (1) Publication at least one time by the lead agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area is affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas. (2) Posting of notice, by the lead agency,on and off site in the area where the project is to be located. (3) Direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll. The City of Diamond Bar complied with the requirements to notify agencies and interested individuals about its intent to adopt an MND for the Acquisition and Interim Storage Yard Use of a 0.93 -Acre Parcel at Diamond Bar Boulevard and Brea Canyon Road Project. The notice of intent was distributed on May 3, 2006, to various agencies, organizations, and individuals including the Los Angeles County Clerk/Recorder. The notice was also published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin on May 3, 2006, informing all City customers and residents of the greater Diamond Bar area of the availability of the MND, and the Notice of Intent to adopt an MND was posted on the project site. A copy of the MND was also available for review at the City of Diamond Bar Community and Development Services Department.. R:lPmjeclslDSoNO171RTC-053006.doc 1.2 Responses to Comments Acquisition and Interim Storage Yard Use of a 0.93 -Acre Parcel at Diamond Bar Boulevard and Brea Canyon Road SECTION 2.0 RESPONSES TO COMMENTS 2.1 RESPONSES TO COMMENT LETTERS RECEIVED This section includes responses to the comments on the IS/MND received by the City of Diamond Bar. This section is formatted so that the respective comment letter is followed immediately by the corresponding response. The comment number provided in the right margin of the letter corresponds with the responses provided. R:T,.I.cts\DB.N017�RTC 053005.doc 2-1 Responses to Comments IN REPLY PLEASE REFER 70 FILE: LD -0 Ms. Nancy Fong, AICP Interim Community Development Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Dear Ms. Fong: MITIGATED NEGATIVE DECLARATION 2006-02 DIAMOND BAR CITY STORAGE YARD CITY OF DIAMOND BAR Thank you for the opportunity to provide comments on the Mitigated Negative Declaration for the proposed acquisition of a 0.93 -acre undeveloped parcel located at the southeast corner of Diamond Bar Boulevard and Brea Canyon Road. It is our understanding that the site may be used as your City's storage yard for nursery materials and equipment. We offer the following comments for your consideration: ® Storage of nursery materials and equipment at the subject site must include appropriate Best Management Practices to ensure that pollutants are not permitted to enter the adjacent Brea Canyon Channel. 0 Any future improvements to Brea Canyon Road that impact the adjacent Brea Canyon Channel must be reviewed by Public Works. ® Modification/alteration of existing natural course at the southern portion of the subject property will require our review of the plans. J If you have any questions, please call Mr. Suk Chong at (626) 458-7150, Very truly yours, DONALD L. WOLFE Director of Public Works 1 R SSAf NTONIOAssistaon Engineer Land Dent Division S PC. jmw - pJLDPUKCEQAVSUKIDIamond Bar Stamp Yard_MND-Diamond Bacdac COUNTY OF LOS ANGELES - DEPARTMENT OF PUBLIC WORKS } + k f "To Endch Lives Through Effective and Caring Service" X CAOFORN��"'X 900 SOUTH FREMONT AVENUE ,"HAMBRA, CALiFORNtA 91803.1331 DONALD L. WOLFS, Director Te1ep6one:(626)458-5100 _w .ladplv.org. -- _..- ._... ADDRESS ALL CORRESPONDENCE TO:.. May 17, 2006 ALHAMBRA,CALL[FORNIA 91802-1460 IN REPLY PLEASE REFER 70 FILE: LD -0 Ms. Nancy Fong, AICP Interim Community Development Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Dear Ms. Fong: MITIGATED NEGATIVE DECLARATION 2006-02 DIAMOND BAR CITY STORAGE YARD CITY OF DIAMOND BAR Thank you for the opportunity to provide comments on the Mitigated Negative Declaration for the proposed acquisition of a 0.93 -acre undeveloped parcel located at the southeast corner of Diamond Bar Boulevard and Brea Canyon Road. It is our understanding that the site may be used as your City's storage yard for nursery materials and equipment. We offer the following comments for your consideration: ® Storage of nursery materials and equipment at the subject site must include appropriate Best Management Practices to ensure that pollutants are not permitted to enter the adjacent Brea Canyon Channel. 0 Any future improvements to Brea Canyon Road that impact the adjacent Brea Canyon Channel must be reviewed by Public Works. ® Modification/alteration of existing natural course at the southern portion of the subject property will require our review of the plans. J If you have any questions, please call Mr. Suk Chong at (626) 458-7150, Very truly yours, DONALD L. WOLFE Director of Public Works 1 R SSAf NTONIOAssistaon Engineer Land Dent Division S PC. jmw - pJLDPUKCEQAVSUKIDIamond Bar Stamp Yard_MND-Diamond Bacdac Acquisition and Interim Storage Yard Use of a 0.93 -Acre Parcel at Diamond Bar Boulevard and Brea Canvon Road Comment Letter 1 County of Los Angeles Department of Public Works Donald L. Wolfe, Director of Public Works Rossana D'Antonio, Assistant Division Engineer, Land Development Division May 17, 2006 1. Comment noted. As specified in item 3.8.1(c) on page 3-16 of the Mitigated Negative Declaration, site runoff will drain to Brea Canyon Road and enter the City's storm sewer system and will therefore not enter Brea Canyon Channel, 2. Comment noted. Future improvements to Brea Canyon Road that might affect Brea Canyon Channel will be reviewed with the Los Angeles County Department of Public Works (LACDPW). 3. Comment noted. Any future improvements in the project area that may affect the natural drainage ditch at the southern end of the project site will be submitted to LACDPW for review. R:T.j.1AsV3.WOMRT0O53OO5.dDC 2-2 Responses to Comments CZ E q; 5 46 2gi E'v E 5 E Lo _J:z DIAlIR011'D SAHL11 PLANNING COMMISSION3 REPORT - 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765 --TEL (909) 839 -7030 -FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: June 27, 2006 REPORT DATE: June 16, 2006 CASEIFILE NUMBER: Development Review No. DR 2006-10 & Conditional Use Permit No. CUP 2006-06 PROJECT LOCATION: 275 S. Prospectors Road Diamond Bar, CA 91765 APPLICATION REQUEST: Approval to construct a roof mounted screened wireless communications facility on an existing self - storage building. PROPERTY OWNERS: U -Store It, L.P. 6745 Engle Rd., Suite 300 Cleveland, OH 44130 APPLICANTS: Maree Hoeger, Core Communications Group 1028 Saga St. Glendora, CA 91741 STAFF RECOMMENDATION: Conditionally Approve DR 2006-10 & CUP 2006-06 PAGE BACKGROUND: A. Proiect Description The applicant is requesting approval of a Conditional Use Permit and a Development Review Application to install a new wireless communications facility mounted on the roof of the existing 32 -foot tall self -storage building. The proposed wireless facility will include six panel antennas, one 2 -foot diameter microwave dish, one GPS antenna, and radio equipment cabinets. The panel antennas microwave dish, and GPS antenna will be installed inside a new rooftop penthouse structure. The new penthouse is 17'-7" x 17'-7" x 8'-6" tall. The overall height from grade to the top of the penthouse will be 38'-6" or 6'-6" taller than the existing building. B. Site Description The site is legally described as Lot 2, Parcel Map 4118 and the Tax Assessor Parcel No. is 8717-002-008. The site is 2.4 acres in size. It is fully developed with a thirty- two foot high multi -story self -storage facility and landscaped with mature trees. Currently, the existing storage building contains one telecommunication monopole that is visible from Prospectors Road and one screened roof mounted wireless communication antenna. ANALYSIS: A. Review Authority The installation of a roof mounted wireless communication antenna requires the issuance of a Conditional Use Permit in accordance with the provisions of Section 22.42.130 Diamond Bar Development Code (DC). The proposed modification of the existing storage building requires approval of a Development Review Application in accordance with the provisions of Sections 22.48.020 and 22.48.030 (DC). B. General Plan/Zoning Genera0 Plan Designation Freeway Designation Zoning: M-1, DP, BE (Light Industrial) Surrounding Zones and Uses: North: C-3, Commercial — Commercial Shopping Center & R-3, Multi -Family Residential South: OS, Open Space — Diamond Bar Golf Course East: OS, Open Space — Diamond Bar Golf Course West: R-1, Single Family Residential (across the Pomona Freeway) DR 2006-I0 & CUP 2006-06 PAGE C. General Plan/Design Guidelines/Compatibility with Neighborhood Strategy 1.1.4, Areas designated as light industrial are to provide a location for firms seeking a pleasant and attractive working environment. The General Plan Land Use Map revealed that the parcel is part'of the Pomona Freeway and the Diamond Bar Golf Course. The level of detail on the Land Use Map does not focus on this relatively small parcel of land. However, the Zoning Map identifies the site as Light Industrial and the existing self -storage facility has been in existence for decades. This parcel is on staffs list for General Plan and Zoning consistency in the near future. Staff will use the General Plan goals and objectives as they pertain to Light Industrial uses of land. The proposed project, which consists of the installation of an additional wireless antenna on the roof of an existing industrial building, complies with the adopted goals and objectives as set forth in the General Plan. The proposed project will not negatively impact the existing land uses located in the surrounding neighborhood. D. Development Review The following comparison (Table 1-1) shows that the proposed project meets the City's development standards forwireless telecommunication antennas located in the light industrial zone: Table 1-1 Wireless Communication Antenna Development Standards Development Feature I Zone — Development Standard Proposed Meets Requirements Concealed antennas Antennas must be screened from view Adequate screening provided Yes Height & Screening 15 -feet above the existing roof Screen Panels 8'-6" Yes Permitted Use Zone Permits wireless antennas Concealed Wireless antenna" Yes Roof Top Elements to be Proposal is consistent with the Architectural Integration architecturally integrated with design of the existing building Yes building architecture Required and 15 feet max. Screen provided — height of 8'- Yes Screening height 6" Base Station screening Screen Required Base Station located within a fully enclosed building Yes Underground utilities Underground utilities required Underground Utilities provided Yes DR 2006-10 & CUP 2006-06 PAGE Development Feature I Zone — Development Standard Proposed p7�9 Required to prevent Site completely fenced andSecurity Features unauthorized entry and secure vandalism Landscaping Required Site Fully Landscaped Yes Fencing Required Site completely fenced Yes Finish Must blend with building Proposed color consistent with building color Yes Lighting Lighting shall be limited to mandatory safety lighting No additional lighting proposed Yes Signs and Advertising No signs or advertising Yes Signage Prohibited prohibited proposed Property owner & applicant Proposed project is consistent Yes Co -location Agreement must consent to the future co- with co -location regulations location of facilities The site must be maintained in Conditions will be recommended comply with Yes Maintenance good condition t this requirement Abandonment &removal If antenna is abandoned for 6 months it must be removed Condition recommended Yes Bonding Bonding may be required to uarantee removal Condition recommended Yes E. Co -location of Wireless Telecommunications Facilities Section 22.42.130(h)(12) specifies that the applicant and the property owner must consent to the future co -location of facilities on the building or support structure to be used by the applicant, unless technical considerations preclude that co -location. The proposed project is consistent with the regulation to co -locate on the same building with the existing wireless facility located approximately 146 feet to the northeast. The result of this proposed project will be the location of three wireless antenna facilities on this site (one monopole and two screened antenna locations on the roof of the existing self -storage building). F. View Impact The proposed screened antenna facility will be painted the same color as the existing building. The screen wall will be 8'-6" above the existing flat roof. The 18' square antenna structure will be located in the center of the existing building. The proposed structure will not be visible from Prospectors Road. However, the screened antenna will be visible from the adjacent Diamond Bar Golf Course. The facility will be minimally visible to eastbound traffic on the Pomona Freeway. However, the existing DR 2006-10 & CUP 2006-06 PAGE mature trees along the property line of the site that is adjacent to the Pomona Freeway provides substantial screening of the facility. The existing single-family residential development located across the Pomona Freeway to the west does not have a clear view of the proposed roof mounted facility. G. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the recommended conditions of approval. NOTICE OF PUBLIC HEARING: On June 1, 2006, 217 property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. On June 16, 2006, Three 3 locations were posted within the project's vicinity and the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15332. RECOMMENDATION: Staff recommends that the Planning Commission: Adopt finding of fact as prescribed by the Development Code; and Approve the proposed project subject to the execution and/or fulfillment of the conditions recommended by staff as set forth in the attached draft resolution. Prepared by: Reviewed by: David D. Meyer Nancy Fong, AICD LDM Associates, Inc. Community Development Director Planning Consultant ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Burden of Proof submitted by applicant; 3. Previous Planning Commission Resolutions of Approval a. Reso PC 90-15 b. Reso PC 96-14 4. Exhibit "N'— site plan, floor plan, and elevations dated June 27, 2006. DR 2006-10 & CUP 2006-06 PAGES PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 2006-06 AND DEVELOPMENT REVIEW APPLICATION .NO. DR 2006-09 FOR THE INSTALLATION OF A WIRELESS COMMUNICATION FACILITY ON AN EXISTING STORAGE BUILDING LOCATED AT 275 S. PROSPECTORS ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 8717-002- 008 A. RECITALS 1. The Planning Commission considered an application filed by Core Communications Group on behalf of the property owner U -Store It, LP, requesting approval of plans to install a wireless communication antenna on the roof of an existing self -storage building addressed as 275 South Prospectors Road. 2. The subject property is zoned M-1, DP, BE (light Industrial, Billboard exclusion) and it contains 2.4 acres of land area. 3. The subject property is legally described as Lot 2, Parcel Map 4118 and the Assessor Parcel Number (APN) is 8717-002-008. 4. On June 1, 2006, 217 property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. On June 16, 2006, three locations were posted within the project vicinity and the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 5. On June 27, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing regarding 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. Resolution No. 2006 -XX CUP 2006-06 & DR 2006-09 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15301 and 15332 of the CEQA Guidelines. _ .. I 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 wildlife 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. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (a) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. The proposed use as a co -located roof top wireless communication antenna is permitted in the Light Industrial zone with the issuance of a conditional use permit. (b) The proposed use is consistent with the general plan and any applicable specific plan. The proposed use is permitted in the Light Industrial zone and the zone is consistent with the goals and objectives of the adopted general plan. No specific plan has been recorded for the subject property. (c) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. 2 Resolution No. 2006 -XX CUP 2006-06 & DR 2006-09 The roof mounted wireless communication antenna. is screened from view in a manner consistent with the existing building architecture. (d) The subject sit is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The subject 2.4 acre site developed with a self -storage facility is adequate in size to accommodate an 18'x 18'roofmounted screened antenna facility. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The proposed addition of a roof mounted screened wireless communication antenna will improve service to the general public. The facility is to be located on the roof of a multi -story self -storage building. The minor improvement will not be detrimental to the general public or the goals and objectives of the adopted general plan. DEVELOPMENT REVIEW (f) 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 areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The project site has an existing multi -story self -storage facility. The proposed 324 -square foot eight foot high screened wireless antenna is consistent with the zone's development standards and design guidelines. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The minor roof mounted screened antenna will not impact the existing or future development of the site or the surrounding neighborhood. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will Resolution No. 2006 -XX CUP 2006-06 & DR 2006-09 maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed roof mounted screened wireless communication antenna is consistent with the architecture of the existing building. The proposed addition will be screened from view from the surrounding neighborhood. (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. The project's design is consistent with other multi -story industrial buildings. The roof mounted antenna will be screened from view from the surrounding parcels of land. (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. The proposed 324 -square foot eight foot high screened wireless communication antenna will not negatively impact the public health, safety or general welfare. The added communication facilities will improve the general public's use of communication technology. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the screened wireless antenna. (3) No additional lighting shall be installed on the screened wireless antenna structure. 4 Resolution No. 2006 -XX CUP 2006-06 & DR 2006-09 (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. (5) 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. (6) The applicant and the property owner must consent to the future co -location of facilities on the building or support structure unless technical considerations preclude that co - location. (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the roof mounted antenna within 90 -days of notification by the City. (8) The applicant shall post a $5,000 cash bond with the City of - Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months b. Building and Safety Division (1) Fire Department approval maybe required. Please contact the Fire Department. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (4) All sleeping rooms shall have windows that comply with egress requirements. Resolution No. 2006 -XX CUP 2006-06 & DR 2006-09 (5) Smoke detectors shall be provided in conformance with the 2001 California Building Code. (6) Application shall,_ provide window and door schedule for Building and Safety plan check. (c) The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A". The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant and the property owner. APPROVED AND ADOPTED THIS 27th DAY OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Vice Chairman I, Nancy Fong, 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 27th day of June 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 0 Resolution No. 2006 -XX CUP 2006-06 & DR 2006-09 R DIA�IO�'D $AR COMMUNITY DEVELOPMENT DEPARTMENTAttachment "A" STANDARD CONDITIONS PROJECT No.: CUP 2006-06 & DR 2006-09 SUBJECT: Installation of 'a 18' x 18' screened roof mounted wireless communication antenna. PROPERTY OWNER: U -Store It, LP. APPLICANT: Core Communications Group LOCATION: 275 South Prospectors Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2005-22 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 7 Resolution No. 2006 -XX CUP 2006-06 & DR 2006-09 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. CUP 2006-06 and Development Review No. DR 2006-10, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. Resolution No. 2006 -XX CUP 2006-06 & DR 2006-09 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11.The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. I n addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No.CUP 2006-06 & Development Review No. DR 2006-10 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" dated June 27 2006 including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping/irrigation plan and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3.- All roof mounted equipment shall be screened from public view. 17 Resolution No. 2006 -XX CUP 2006-06 & DR 2006-09 E SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. F. UTILITIES The proposed project shall be served underground by all public utilities. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. The minimum design load for wind in this area is 80 M.P.H. exposures and the site is within seismic zone, four (4). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 10 Resolution No. 2006 -XX CUP 2006-06 & DR 2006-09 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. - End of Conditions - 11 DEVELOPMENT REVIEW BURDEN OF PROOF 1. 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 special areas. The design and layout of the project are consistent with the General Plan, M-1 Zone, and Section 22.42.130 - Development Standards for Wireless Telecommunications Antenna Facilities. The following demonstrates how the proposed facility meets all of the requirements for Administrative Review listed under Section 22.42.230(G)(2). a. Concealed Antennas. The proposed antennas are architecturally integrated into a new penthouse structure so as not to be recognized as an antenna facility. The new penthouse matches the existing rooftop facility and will be finished and painted to match the self storage building. As evidenced in the photosimulations, the proposed facility is minimally visible from either the freeway or street. b. Height and Screening. The rooftop antennas do not exceed 15 feet in height above the existing roof and are fully screened from view. The proposed antenna penthouse is only 8'-6' in height and the structure will fully enclose and conceal the antennas and microwave dish. In addition, although the M-1 zone specifies a maximum height of 35 feet for new development, Section 22.16.060(2) allows height limit exceptions up to 15 feet for nonresidential roof -mounted structures including elevator penthouses, lofts, stairways, tanks, ventilating fans, and similar equipment. Furthermore, this section allows height limit exceptions up to 20 feet for chimneys, cupolas, domes, flag poles, gables, spires, towers, and similar structures. The proposed antenna facility is a "similar structure" in that it has the appearance of a standard penthouse utilized for stairways or elevators and serves the purpose of screening a facility much like rooftop mechanical equipment. c. Minor Addition/ modification. Not applicable to this application. d. Base Stations. The base stations will be located inside a vacant self storage unit, and therefore, completely enclosed in the building and screened from view. e. Freestanding Antenna Structures. Not applicable to this application. f. Development Standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards set forth in Section 22.42.230 (H) as follows: The proposed facility will be architecturally compatible with the existing rooftop facility and the self storage building; The facility will be minimally visible from any vantage point due to landscape screening on the freeway and because it is set back over 150 feet from the street; The base stations are fully enclosed inside the existing building; .. .. .... .. : i. .i._ _.-ir _....._..., r...:l:- ®Access to the existing site is gated and monitored with a security system; ® Landscaping is not applicable; ® Fencing is not applicable; ® The penthouse structure will have a noncorrosive, nonmetallic finish and be painted to match the existing rooftop penthouse and self storage building; ® No lighting is proposed; ® No additional signage is proposed; -- ® Royal Street/Metro PCS and the property owner consent to the future co - location of facilities on the building/properly. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed facility will not, in any way, interfere with the use and enjoyment of neighboring developments, and will not create traffic or pedestrian hazards. The proposed project is a minor addition to the existing self storage facility. The project involves the construction of a less than 400 square foot penthouse on the top of the roof. The penthouse will only be V-6" taller than the existing rooftop parapet. The facility is unmanned. After an initial construction period of 21-30 days, the only traffic generated will be for routine maintenance visits, typically once or twice a month. There are no activities that will produce airborne emissions, odor, vibration, heat, glare, or noxious and toxic materials. All equipment and materials needed to operate the site are located in the equipment room inside the 3`d floor of the building. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by the Development Code and General Plan. The design of the proposed rooftop wireless communications facility is compatible with the character of the surrounding neighborhood and will maintain the harmonious and attractive development contemplated by the Development Code and General Plan. The proposed facility will consist of a small addition to the roof of the existing self storage building. The new penthouse will match the existing wireless facility located on the same rooftop and will be finished and painted to match the building it is located upon. The antennas and microwave dish will be fully concealed from public view and the base stations will be fully enclosed inside the existing self storage building. 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, and will remain aesthetically appealing. The proposed development will provide a desirable environment through good aesthetic use of materials and color. The antennas are architecturally integrated into a new penthouse structure so as not to be recognized as an antenna facility. The new penthouse matches the existing rooftop facility and will be finished and painted to match the self storage building. As shown in the photosimulations, the proposed facility is minimally _..a;- rmmnatihla with 1ha axictinn 5. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. The proposed facility will not be detrimental to the public or materially injurious to the properties in the vicinity. The proposed project is a minor addition to the existing self storage facility. The project involves the construction of a less than 400 square foot penthouse on the top of the roof. It is only W-6" in height and the structure will fully enclose and conceal the antennas and microwave dish. The penthouse matches the existing rooftop wireless facility and is architecturally compatible with the existing building. The facility is unmanned. After an initial construction period of 21-30 days, the only traffic generated will be for routine maintenance visits, typically once or twice a month. There are no activities that will produce airborne emissions, odor, vibration, heat, glare, or noxious and toxic materials. All equipment and materials needed to operate the site are located in the equipment room inside the 3`d Floor of the building. RESOLUTION NO. PC 90-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THE APPROVAL OF AN ENVIRONMENTAL ASSESSMENT, CONDITIONAL USE PERMIT 90-0109 A TELEPHONE REPEATER STATION MONOPOLE -AT A SITE LOCATED AT 275 S. PROSPECTORS ROAD, DIAMOND BAR, CALIFORNIA, MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) Jerome Buckmelter Associates has filed an application for issuance of an approval of Environmental Assessment and Conditional Use Permit No. 90-0109, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Environmental Assessment and Conditional Use Permit are referred to as the ,,Application." (ii) On April 18, 1989, the city of Diamond Bar was established as a duly organized municipal corporation of the State of California. on said date, pursuant to the requirements of the California Government Code Section 57376, the City Council of the City of Diamond Bar adopted it ordinance No. 1, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the development applications, including the subject Application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to consistency to the General Plan, pursuant to the terms and provisions of California Government Code section 65360: (iv) The Planning Commission of the City of Diamond Bar, on November 26, 1990, conducted a duly noticed public hearing on said application and concluded said public hearing on December 10, 1990. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recita 1s, Part A, of this Resolution are true and correct. Based upon substantial evidence presented to this commission during the above -referenced hearings, and oral testimony provided at the hearing, this Commission hereby specifically finds as follows: (a) The Project applies to property presently zoned M1 -DP -BE located at 275 S. Prospectors Road, and is currently occupied by a two story self storage facility: (b) Properties to the east and south of the subject property are developed with commercial and multiple family residential uses. Property to the north is developed for single family residences. Property to the west is developed with a golf course. (c) The property is developed and is occupied by a self'storage facility. (d) The site is sufficient in size and can provide adequate ingress .and egress to allow this additional use to the subject site; and 3. Based upon the substantial evidence and conclusions set forth herein above, presented to the Commission on November 26, 1990 and December 10, 1990 public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed application is in accord with the proposed General Plan, the objectives of the Community Plan and is compatible with land uses surrounding said site. (b) That the proposed application, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (c) That the application complies with all applicable provisions of the City Planning and Zoning Code. Based upon the findings and conclusions set forth in paragraphs 1, 2 and 3 above, this Commission hereby approves the application subject to the following restrictions as to use and all standard conditions: a. The monopole shall be located at the point designated on the approved site plan; b. The monopole shall be powder blue in color' c. Signage is prohibited from placement on the monopole as part of this approval; d. Appropriate fire suppression equipment shall be installed as part of the components of the repeater station located within the interior of the storage facility; e. No exterior appendages may extend from the monopole that may be used as an aid to gain access to the upper portion of the pole at a height of less than 12 ft.; f. The monopole shall be maintained in good condition and to the satisfaction of the Director of Planning; g. The applicant shall install four (4) 36" box trees adjacent to the monopole, subject to approval of a landscaping plan by the Director of Planning. h. No microwave dishes or antennae whips will be installed. i. The secretary to this Commission shall certify the adoption of this Resolution. ADOPTED AND APPROVED this loth day of December, 1990. PLANNING COMMISSION OF THE CITY OF DIAMOND BAR BY: David Schey, Chairman I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted at regular meeting of the Planning Commission held on the 10th day of December, 1990, by the following vote: AYES: COMMISSIONERS: VC/Harmony and Chair/Schey NAY: COMMISSIONERS: C/Grothe ABSENT: COMMISSIONERS: C/Lin and C/MacBride ATTEST: Sec retary to the City of Diamond Bar Planning Commission PLANNING COMMISSION RESOLUTION NO. 96-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-11, DEVELOPMENT REVIEW NO. 96- 10, A REQUEST FOR ROOF MOUNTED TELECOMMUNICATIONS EQUIPMENT AT AN EXISTING SELF -STORAGE FACILITY TO BE SCREENED TO MATCH THE EXISTING BUILDING AND EQUIPMENT CABINETS PROPOSED AT GROUND LEVEL TO BE SCREENED BEHIND A WALL STRUCTURE LOCATED AT 275 SOUTH PROSPECTORS ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. ,•1. The property owner, NSS So. Calif. L.P., the applicant, Cox Calif. PCs, Inc. and the applicant's agent, JMCG, Inc. have filed an application for Conditional Use Permit No. 96-11 and Development Review No. 96-10 as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Application". 2. on April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable•to development applications, including the subject Application, within the City of Diamond Bar. 3. On July 25, 1995, the City of Diamond Bar adopted its General Plan. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City•of Diamond Bar on August 26, 1996 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley •Tribune and Inland Valley Daily Bulletin newspapers on August 5, 1996. 216 property owners within a 500 foot radius of the project site were notified by mail on August 5, 1996. B. Resor lut1on. it is found, determined and resolved by the NOW, THEREFORE, Planning commission of the City of Diamond Bar as follows: 1, This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true .and correct. - 2, The Planning Commission hereby determines that the project identified abovin thisResolution is heCatCgorically alifornia he Exempt from requirements as amended, and the Environmental Quality Act of 1970, Section guidelines promulgated thereunder, pursuant to 15301(e) of Article 19 of Chapter 3 of Division 13 of 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 findings set forth below, and changes and including the ich have alterations whro osedn incorporated oet project set forth in the conditioned upon the p p application, there is no evidence before this. Planning commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, tion this s adverse ineffectsyscontained sion hereby rebuts the p P Section 753.5 (d) of Title 14 of the California Code of Regulations. et 4. Based on the Commission hereby finds asings and conclusions sfollows: forth herein, this Planning (a) The project relates to a developed parcel, approximately 2.5 acres in size located at 275 South Prospectors Road. (b) The project site has a General Plan land use designation Golf course ment Program,ithiB llboard Light Manufacturing, DeveloPturing, Exclusion (M -1 -DP -BE) zone. (c) Generally, the following zones and uses surround the project site: to the north is the 60 Freeway, to the west and south is z Western Motel, one he Diamond an t BarGolf oeast Course dthe Best Open Space (OS) is within the Commercial Planned Development (CPD) zone. (d) 'The proposed project is a request to construct roof - mounted telecommunications equipment, screened by a structure which matches the building's architecture. The request also includes an equipment cabinet to be screened behind a wall structure. designation provides for recreational uses. The self - storage facility was existing at the time of the adoption of the General Plan and is therefore considered a legal nonconforming use. The proposed telecommunications facility is a conditionally permitted use within the M -1 -DP -BE zone and is authorized by the Planning and Zoning Code, Chapter 22.56.1510.I regulating nonconforming uses and structures. (f) The proposed project will not: (1) Adversely affect- the .health, peace, comfort or welfare of persons residing 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 (3) Jeopardize, endanger, or otherwise constitute a menace to public health, safety or general welfare; and The Conditional Use Permit's approval allows for the proposed telecommunications facility's construction. The facility, as conditioned complies with all City Codes and therefore does not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. Currently, most scientists maintain that the radio frequency radiation emitted and the lower frequency electromagnetic fields associated with this type of facility generally does not produce -adverse health effects in humans because they are non -ionizing in nature and normal exposures are controlled so as not to result in thermal effects. As such, the facility will not be detrimental to the use, enjoyment or valuation of property or persons located in the vicinity of the site. (g) The proposed site is adequate in size and shape to accommodate development features prescribed in this approval. (h)' The project 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. The project site is adequately served by Prospectors Road. However, the facility does not significantly increase vehicular traffic to and from the site. It requires only a few routine maintenance checks with one vehicle during a one year period. Additionally, electrical and telephone service utilized by the facility exists at the site. (i) The proposed project is in compliance with Development Review ordinance No. 5 (1990). (j) The architectural design of this project is compatible with. the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990). The antennas will be screened with a structure that matches the architecture of the existing self -storage facility. (k) The design' of this project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. The screening structure will be painted and striped to match the existing self -storage facility. 5, Based on the findings and conclusions set the fort Application above, sthe Planning Commission hereby approves ject to the following conditions; (a) The project shall substantially conform to plans collectively labeled as Exhibit "A" dated August 26, 1996, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted and herein. refuse, whetherremdal of uring dur ng all trash, debris, 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) The applicant shall comply with all state, M-1 Zone, Public Works Department and Building and Safety Division requirements. (d) This grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year exten- sion may be requested in writing and submitted to the City 3o days prior to the expiration date. (e) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than permittee) have filed, within fifteen (15) days of approval of this grant, at the office of Diamond Bar community Development Department, their Affidavit of Acceptance stating - that the applicant/owner is aware of and agrees to all conditions of this grant. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (f) 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, payable to the County of Los Angeles, 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 de minimis 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. (g) Within 30 days of this grant's approval, the applicant shall submit landscape/irrigation plans depicting the location and type of tree proposed for relocation and also providing additional landscaping to screen and soften the walls proposed to screen the equipment cabinets. All additional landscaping shall be compatible with existing on-site 'landscaping. These plans shall be reviewed and approved by the Planning Division prior to the issuance of any City permits. (h) in the event of any future maintenance problems, abandonment of use or changes in technology which render the above mentioned facility and screening structure obsolete, the applicant shall, upon notification by the city of Diamond Bar, -remove the screening structure and/or facility within 90_days. I (i) The property owner and applicant shall make every effort to accommodate the co -location of future telecommunications facilities at this site and in conjunction with existing facilities to minimize the aesthetic impacts on surrounding properties. (j) The proposed antennas shall be engineered to meet wind loads of 80 m.p.h. with an exposure of "C." The existing roof shall be designed for the additional antenna loads. (k) Plans shall conform to state and local building codes (i.e. 1994 editions of the Uniform Building Code, plumbing Code, Mechanical Code, and 1993 edition of the National Electrical Code) as well as the State Energy Code. (1) All proposed cable installed on the exterior of the building shall be flashed and painted to match the building. All ground level cable shall be installed underground to protect pedestrians. (m) New screen construction shall not change roof drainage flow. 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 Rudy Figueroa, JMCG, Inc. 3760 Kilroy Airport Way, Suite #440, Long Beach CA 90806. APPROVED ADOPTED this 26TH DAY OF AUGUST, 1996, BY THE D PLANNING COMMISSION THE CITY OF DIAMOND BAR. . -7 BY. h.v Mike oldenberg, Chairman I, Catherine Johnson, Acting Planning Commission Secretary, do hereby certify by the Planninghe ncommission of the City Resolution was duly nofoducedDiamond Barasse,dIatna m regular adopted meeting of the Planning Commission held on the 26TH day of August, 1996, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Goldenberg, Ruzicka, McManus, and Schad Fong ATTEST: Catherine Johnson, Actrng'.Secretary Certification of Planning Commission Resolution No. 96-14 S IA'IV DH i-l"'VOIiNfA COUNTY OF 1.05 ANGELES 55 CITY OF DIAh10ND RAR I 1 yNpp $URCF.55, RCITY CLERK OF TIM CITY OF DIAMOND RAR, DO nRERY CERTIFY UNDER i+s `AL7'Y OF PERX1:Y UNi)EIt THE LAWS OF TEtF. ,TE OF CA1,11"011MA TN.F. 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A §t W §§ ® _ / § § 11111111P101 / ) IZI � -j � -1 -j ! a ! ! ! § � ; 5 � � \ ]. f In G\b \ \ !� ® /E2K HE. 2. .e !)� [ - [ \ \ � -1 -j PLANNING COMMISSION ;989 AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117--www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.2 MEETING DATE: June 27, 2006 REPORT DATE: June 20, 2006 CASEXILE NUMBER: Development Review No. 2006-09 PROJECT LOCATION: 441 Wayside Place Diamond Bar, CA 91765 APP LICATION REQUEST: Construct an addition of 1,143 square feet to an existing single-family dwelling unit. The second story addition will contain 1,111.5 square feet. PROPERTY OWNERS: Romeo & Jeanette Barbero 441 Wayside Place Diamond Bar, CA 91765 APPLICANTS: Romeo & Jeanette Barbero 441 Wayside Place Diamond Bar, CA 91765 STAFF RECOMMENDATION: Conditionally Approve DR 2006-09 - PAGE I I: � t�117/1 li-►11 The project site is located at the southwest corner of Wayside Place and Pikes Court. The site slopes to the north and northwest. The dwelling is elevated approximately 10 to 15 feet above the northwest corner of the site. The site contains 10,356 square feet (.24 acres) of land area. The site -is -legally described as Lot 25, Tract 42585, Map Book 1024, Pages 15-23. The Tax Assessor Parcel No. is 8281-034-048. The existing single -story 1,350 square foot dwelling unitwith an attached 2-cargarage was constructed in 1987. The applicant is requesting approval of plans to add 31.3 square feet to the first floor of the existing dwelling unit and add a second story to the structure consisting of 1,111.5 square feet of enclosed floor area. The second story addition will contain the master bedroom with bath and three additional bedrooms and one additional bathroom. The result of the proposed project will be a Five Bedroom, Four Bath two-story single-family residential dwelling unit with an attached two -car garage. ANALYSIS: A. Review Authority (Section 22.48) This application for a second floor addition to an existing single-family home, which exceeds 50% of the existing livable space, requires Development Review by the Planning Commission according to the Development Code. B. General Plan/Zoning General Plan Designation: RL Low Density Residential maximum 3 DU/Acre Zoning: R-1 10,000 Low Density Residential -minimum Lot Size 10,000 sq. ft. -RL Surrounding Zones and Uses: North: Low Density Residential -minimum Lot Size 10,000 Square Feet (RL) South: Low Density Residential -minimum Lot Size 10,000 Square Feet (RL) East: Low Density Residential -minimum Lot Size 10,000 Square Feet (RL) West: Low Density Residential -minimum Lot Size 10,000 Square Feet (RL) C. Development Review The following comparison shows that the proposed project meets the City's development standards: Development Feature RL — Development Proposed Meets Standard Requirements Minimum lot area 10,000 S.F. 10,356 S.F. Yes Residential density 1 single-family unit; 3 per 1 single-family unit Yes gross acre DR 2006-09 - PAGE 2 Development Feature RL— Development Standard Proposed p Meets Requirements Front yard setback 20 feet 20'-9" Yes 10 feet interior & 13'-8" Interior & Yes Side and setbacks y 10 feet street side 51'-0" Street Side Side yard minimum between 15 feet 21'-5" plus Yes structures on ad jg!E!nq2aLrcels Rear setback 20 feet 20 feet YJN/A Building height limit 35 feet maximum 23'-11" As required by Chapter 22.22 N/A Hillside development (Hillside Mgt.) Retaining wall Maximum height 6 feet None Proposed As required by Chapter 22.24 Over 50% of required front setback is Landscaping (Landscaping) landscaped Parkin 2 in fully enclosed garage 2-car garage Yes 9 (20'X20') Setback less than 24 feet— 29 feet plus 4' wide Driveway Max driveway width 30 feet walkway (33'); Yes as per 22.30.080(5)(a)(1) & (3) Landscape 50% plus Lot coverage 40% 17.76% Yes Preserved/protected trees Tree Permit required to remove certain trees No trees to be removed N/A D: Architectural Features/Colors and Materials/Floor Plan The proposed remodeling and addition to the dwelling unit will result in a total of five bedrooms, four bathrooms, kitchen, dining room, family room, living room, loft, and attached two -car garage. There is access to covered patios and decks facing the rear and side yard areas. The proposed architectural style is California "Eclectic," with varying roof articulation, decorative trim and molding treatment that provide visual relief to the elevations. Earth-toned"shades are proposed for the exterior finish to soften the impact and assist in preserving the aesthetic value of the neighborhood. DR 2006-09 - PAGE 3 E. Grading/Drainage As part of this project's conditions of approval, the applicants will be required to submit a drainage plan for review and approval by the City's Public Works Department and Building and Safety Division. Additionally, the drainage patterns and techniques shall be reviewed and approved by the Public Works Department prior to any permit issuance. The second story addition will not require re -grading of the site. F. Landscaping and Preserved/Protected Trees A purpose of landscaping is to protect the public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment (Section 22.24.010). The site as existing provides for a variety of grasses and ground cover, flowering plants, and shrubs and trees. Since the proposed addition is for a second story the lot coverage is minimally affected, i.e., no existing trees or plant materials will be removed. G. Covenant and Agreement A condition of approval requires the property owner to complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a City form. The covenant must be recorded with the Los Angeles County Recorder's Office prior to building permit issuance. The required document will be provided to the property owner. H. View Impact The terrain in the vicinity of Wayside Place and Pikes Court is hilly. The parcels to the north of the subject property slope in a downward northwesterly direction. The adjacent parcel of land to the south is approximately five to six feet higher than the subject property. The applicant is proposing a maximum building height of approximately 24 feet. The maximum allowable building height is 35 feet. The proposed addition respects the existing view corridor enjoyed by the neighboring properties. Therefore, staff does not consider the proposed second floor addition as detrimental to views. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the recommended conditions of approval. DR 2006-09 - PAGE 4 General Plan/Design Guidelines/Compatibility with Neighborhood Strategy 1.2.4, Maintain residential areas, which provide ownership for single family housing and require that new development be compatible with the surrounding neighborhood's prevailing character. 2. Strategy 2.2.1, new developments shall be compatible with surrounding land uses. Based on the above analysis, staff finds that the proposed project is consistent with the General Plan, Development Code and Design Guidelines; and the proposed project is compatible with the surrounding neighborhood. NOTICE OF PUBLIC HEARING: On May 31, 2006, 68 property owners within a 500 -foot radius of the project site were notified of the proposed project by mail and three locations were posted within the project's vicinity. On June 2, 2006, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15332. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. DR 2006-09, subject to the findings of fact, and recommended conditions of approval, as set forth in the attached resolution. Prepared by: David D. Meyer LDM Associates, Inc. Planning Consultant ATTACHMENTS: Reviewed by: Nancy Fong, AICP Community Development Director 1. Draft Resolution of Approval with required findings; 2. Covenant and Agreement; 3. Aerial; 4. Exhibit "N'— site plan, floor plan, and elevations dated April 10, 2006. DR 200&09 - PAGE 5 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2006-09 FOR THE ADDITION OF 1,143 SQUARE FEET TO AN EXISTING SINGLE FAMILY HOUSE AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 8281-034-048. A. RECITALS 1. The Planning Commission considered an application filed by the property owners, Romeo and Jeanette Barbero, requesting approval of plans to construct a 1,143 square foot addition to an existing single-family residential dwelling unit. The second story addition will contain 1,111.5 square feet of enclosed floor area. The subject property is located at 441 Wayside Place. 2. The subject property is zoned R-1-10,000 (Low Density Residential - RL) and it contains 10,356 square feet of land area. 3. The subject property is legally described at Lot 25, Tract 42585, MB 1024, Pages 15-23 and the Assessor Parcel Number (APN) is 8281-034-048 4. On or about June 16, 2006, 68 property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. On June 16, 2006, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; a public hearing notice display board was posted at the site; and three locations were posted within the project vicinity. 5. On June 27, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing regarding 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 proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15301 and 15332 of the CEQA Guidelines. 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 information contained in the submitted plans, the associated staff report and testimony given at the public hearing, the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW (a) 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 areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site has an existing single-family structure built in 1987.) The proposed project complies with the elements of the adopted General Plan in terms of land use and density. The proposed addition will create a larger single-family dwelling unit in compliance with the City's adopted Development Code. (b) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is currently developed within an existing single-family dwelling. The proposed addition does not change the permitted use of land. The proposed size of the dwelling unit is consistent with other two-story dwelling units located in the neighborhood and same zone. The project site is adequately served by public streets and associated utilities. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development Planning Commission Resolution No. 2006 -XX contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design elements and color palette are compatible with the eclectic architectural style of other homes within the neighborhood. Roof articulation, decorative trim and molding treatment will provide visual relief to the elevations. The material/color samples indicate earth -toned shades will be used for the exterior finish to soften the impact and assist in preserving the aesthetic value of the neighborhood. (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. The project's design is consistent with other two-story dwelling units located in the neighborhood and the same zone. (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. The proposed project embodies many of the design elements exhibited by surrounding two-story single-family dwelling units. The proposed project will comply with the provisions of the City's adopted Development Code, Design Guidelines and the Building Code. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act of 9970 (CEQA). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: Planning Division (1) Applicant shall provide temporary sanitation facilities while the project is being constructed. (2) Maximum height of the proposed second story addition shall not exceed the height of 24 feet as shown on the submitted Planning Commission Resolution No. 2006 -XX plans and as measured from the finished grade at any exterior wall of the structure to the highest point of the roofline. (3) The existing landscaping of the site and the landscaping proposed on the submitted plans shall be maintained in accordance with the provisions of Chapter 22.24 of the Diamond Bar Development Code. (4) 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. b. Public Works Department (1) Finished slopes shall conform to City Code Section 22.22.080 - Grading. C. Building and Safety Division (1) 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. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (4) All sleeping rooms shall have windows that comply with egress requirements. (5) Smoke detectors shall be provided in conformance with the 2001 California Building Code. 4 Planning Commission Resolution No. 2006 -XX (6) Application shall provide window and door schedule for Building and Safety plan check. (d) The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A". 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 Mr. & Mrs. Romeo Barbero, 441 Wayside Place, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 13th DAY OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of June 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 5 Planning Commission Resolution No. 2006 -XX COMMUNITY DEVELOPMENT DIt111I0ND B�III DEPARTMENT Attachment "A" PROJECT No.: Development Review No. 2006-09 SUBJECT: 1 143 Sq.ft. Second Story Addition To An Existing Single Family Residence PROPERTY OWNER/ Mr. & Mrs. Romeo Barbero APPLICANT: LOCATION: 441 Wayside Place Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474,9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2005-22 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any 6 Planning Commission Resolution No. 2006 -XX claim, action of proceeding, and shall cooperate fully in the defense thereof. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. DR 2006 -09, -at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable --Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used 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 Planning Commission Resolution No. 2006 -XX 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 result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEESIDEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid priorto the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits, C. TIME LIMITS 1. The approval of Development Review No. DR 2006-09 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT I. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" dated April 10,_2006,, including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping/irrigation plan and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. Planning Commission Resolution No. 2006 -XX 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division.. All roof mounted equipment shall be screened from public view. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. Retaining walls shall not exceed an exposed height of six feet as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stack stone, etc.) Retaining walls or fences located within the front yard setback shall not exceed an exposed height of 42 inches. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 9 Planning Commission Resolution No. 2006 -XX Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. 2. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 3. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed.) C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shallbe submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. E. UTILITIES The proposed project shall be served underground by all public utilities. F. SEWERS/SEPTIC TANK Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 10 Planning Commission Resolution No. 2006 -XX APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. Separate permit shall be required for all walls and shall be noted on plans. 6. A height survey may be required at completion of framing. 7. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 8. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 9. All balconies shall be designed for 601b. live load. 10. Guardrails shall be designed for 201b. load applied laterally at the top of the rail. 11. Indicate all easements on the site plan. 12. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exteriorwall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 114 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 11 Planning Commission Resolution No. 2006 -XX 13. All retaining walls shall be submitted to the Building & Safety Davison and Public Work Department for review and approval. 14. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 15. Check drainage patterns with Public Works Department. Surface water shall drain away from building at a 2% minimum slope. 16. Specify location of tempered glass as required by code. 17. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 18. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 12 Planning Commission Resolution No. 2006 -XX RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Space Above Line For Recorder's Use Only COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE Planning Project No. DR 2006-09 The undersigned hereby certify that Mr. & Mrs. Romeo Barbero the owners of the hereinafter described real property located at 441 Wayside Place in the City of Diamond Bar, County of Los Angeles, State of California, 91765 commonly known as: Legally described as Lot 25, Tract 42585, MB 1024, Pgs 15-23 Assessor's Book and Parcel Number 8281-034-048 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. 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. By 0 7 NOTE: THE COVENAN REEMENT SHALL BE NOTARIZED AND RECORD E ."" NOTARY SHALL USE UPDATED FORM AS DESCRIBED IN CIVIL CODE SECTION 1189. WORD: COMDEV/FORMS/BLANK COVENANT... Page 1 of 1 I tt� City of Diamond Bar http://gis/parcelview/Print/PrintView.aspx 1 3/7/2006 tph s t �i k frt � f 1r s t t ,E � p41 t- S.'-fi.1A1�'.}}ryry''Nll. 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'N � v3 i y��} r � fl A 'C% I'im�F: y °�a_-,_r'• ,.tyidi�3+i„ 'i �`�-zt i,,...-. DBAddrPJ1lT3 Building Lot Numbers Easements Zoning DSAddrLFT3 Street 2 Private_Str. `f Edge of Names Bets Pavement -� Oro - 01 http://gis/parcelview/Print/PrintView.aspx 1 3/7/2006 jifl 0 � 0 R R M / \ Q� | , § h ; � � . s :II } \ / .. .\.... .. ..... . DITION'M AD' 4M ROMEO JEANETTE BARBERO �N F-1 LJ Om - - - - ----J - - - - ----- 040 N Ii. ADDITION & REMODEL ROMEO & JEANETTE BARBERO - ----- -------- 7 L 0 m O ADDITION & REMODEL ROMEO & JEANETTE BARBERO 941 WAY515ER, IX4110N5849,GBit45 41WA"lDEM,-DW-M a 0 0 0 0 0 ji J ..........._.__. .....' r ... _._. --T < r I� veI .: 3 —��— K illjEj `ill; (e it v R '^ _ Fli0PO5FD PflOJECf: rnSNER: ADDITION & REMODEL ROMEO & JEANETTE BARBERO �O & a gntwnvsioe P�,ouMatoaw, rnstt� MtwnrsoePL.ownoxoaw.cnsnEb � I { I ( I .............. II 11 I I � Ell I FD I M 0 O 000 8Og � j I _ r i N II j m � _ cn �O & $ $ eaova5mv�:cr: ADDITION & REMODEL N1 WAY9EEPL,0W.gNU&R,GB1165 ROMEO & JEANETTE BARBERO NI WPYS:�EPI.,�WA�X�HNt G91i65 3 IT iI JE O ADDITION & REMODEL ROMEO & JEANETTE BARBERO >1 - R UIWAUM�p HDDPR,agVM I i I i s PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR r 21825 COPLEY DRIVE -DIAMOND BAR CA 91765 -TEL (909) 839-7030 -PAX (909) 8613117 AGENDA ITEM NUMBER: MEETING DATE: June 27, 2006 REPORT DATE: June 7, 2006 CASE/FILE NUMBER: Development Review No. 2004-03 (1)/Tree Permit No. 2004-02(1) PROJECT LOCATION: 2557 Blaze Trail (Lot 138, Tract No. 30578) Diamond Bar, CA 91765 APPLICATION REQUEST. One year extension of time of the Planning Commission's approval to constructed an 11,300 square foot single-family residence. PROPERTY OWNER/APPLICANT Mr. Nasser Ahmadi 1341 Pecan Grove Diamond Bar, CA 91765 STAFF RECOMMENDATION: Approve DR2004-03(1) Page 1 The property owner/applicant, Nasser Ahmadi is requesting approval of a one year extension of time for Development Review No. 2004-03 and Tree Permit No. 2004-02. The Planning Commission approved this project on May l I,- 2004 via Resolution No. 2004-16. The approved project allows the construction of a multi-level single-family residence of approximately 11,300 square feet including a four -car garage with one space in tandem, balconies veranda and deck. The approval also allows the construction of retaining walls not to exceed an exposed height of eight feet and the removal and replacement of oak and walnut trees. ANALYSIS A. Extension of Time (Section 22.66.050) An extension of time may be granted up to a maximum of one year. However, the applicant must submit a request in writing as prescribed in the approved resolution 60 days prior to the expiration date. The applicant submitted a request for an extension of time to the City on March 1, 2006, which is more than 60 days before the expiration. As a result, the project will have a "hold" status until the extension of time can be processed. There was a slight possibility that the applicant would be able to begin construction, however, this did not happen. The extension of time request does not change the approved project in any way. The conditions of approval set forth in Planning Commission Resolution No. 2004-16 will not change with the approval of an extension of time. B. Proiect Process Status The applicant has completed the Building and Safety Division plan check process and was working on obtaining a grading permit when the extension of time was requested. The applicant obtained a grading permit on March 27, 2006 and will be issued a building permit when the rough grading certificate is submitted to the Public Works Division. However, the applicant was not able to start a substantial amount of construction (i.e., pouring of foundation, installation of utilities or similar substantial improvements) prior to the Planning Commission approval expiration date of May 11, 2006. Due to the fact that the applicant has demonstrated that he needs more time and continues to work on his project, staff supports the applicant's request for a one year extension of time. NOTICE OF PUBLIC I TEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on June 15, 2006. Public hearing notices were mailed to 40 property owners on June12, DR2004-03(1) Page 2 2006 and the public notice were also posted in three public places. Furthermore, the project site was posted with a display board by June 14, 2006. RECOMMENDATIONS: Staff recommends that the Planning Commission approve a one year extension of time expiring on May 11, 2007 for Development Review No. 2004-03(1), Tree Permit No. 2004-02(1) Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: q�"� An J. Lund'6, Ads6ciatPlanner Attachments: Draft Resolution; Planning Commission Resolution No. 2004-16; Correspondence dated March 1, 2006 from Nasser Ahmadi; and Exhibit "A" — dated May 11, 2004. DR2004-03(1) Page 3 PLANNING COMMISSION 1�0_ RESOLUTION NO. 2006 -XX 41401> A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2004- 03(1) AND TREE PERMIT NO. 2004-02(1). A. RECITALS. The property owner/applicant, Mr. Nasser Ahmadi has filed an application for an one year extension of time on March 1, 2006 for Development Review No. 2002-03(1). The one year extension of time will allow construction to begin for a single-family residence. The project site is located at 2557 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time shall be referred to as the "Application." 2. On'June 15, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On June 12, 2006, public hearing notices were mailed to approximately 40 property owners within a 500 -foot radius of the project site. On June 14, 2006, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 27, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby finds that for the project identified above in this Resolution and pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project is categorically exempt. The Planning Commission approved the categorical exemption on May 11, 2004. The request for an extension of time does not alter the approved project. Additionally, there is no new environmental information related to this project. Therefore, further environmental review is not required. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The Application request is for an approval of a one year extension of time for Development Review No. 2004-03 and Tree Permit No. 2004-02 approved by the Planning Commission on May 11, 2004 via Resolution No. 2004-16. Additionally, the extension of time request does not change the approved project in any way. Extension of Time Findings (b) There have been no changes to the provision of the General Plan, any applicable specific plan, this Title, or the Development Code applicable to the project since the approval of the project; There have been no changes to the provision of the General Plan, any applicable specific plan, or the Development Code that would affect approved Development Review No. 2004-03 and Tree Permit No. 2004- 02. The subject project is consistent with the zoning designation and will not be altered in any way by approving the requested extension of time and all conditions of approval adopted by the Planning Commission via Resolution No.2004-16 will remain in full force and effect. (c) If the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit, the review authority shall grant an extension for up to two successive periods not to exceed six months each. The applicant has completed the Building and Safety Division plan check process and was working on obtaining a grading permit when the extension of time was requested. The applicant obtained a grading permit on March 27, 2006 and will be issued a building permit when the rough grading certificate is submitted to the Public Works Division. However, the applicant was not able to start a substantial amount of construction (i.e., pouring of foundation, installation of utilities or similar substantial improvements) prior to the Planning Commission approval expiration date of May 11, 2006. Due to the fact that the applicant has demonstrated that he needs more time and continues to work on his project, staff supports the applicant's request for a one year extension of time. Based on the findings and conclusions set forth above, the Planning Commission hereby approves on the Application subject to the following conditions: (a) The project shall substantially conform to Development Review No. 2004-03 and Tree Permit No. 2004-02 approved via Planning Commission Resolution No. 2004-16 and Exhibit "A" dated May 11, 2004 as submitted and approved by the Planning Commission and as amended herein. (b) All conditions of approval for Development Review No. 2004-02 and Tree Permit No. 2004-02 approved via Planning Commission Resolution No. 2004-16 shall remain in full force and effect except as amended herein. (c) The extension of time is valid for one year and shall be exercised (i.e., pouring of foundation, installation of utilities or similar substantial improvements) within that period orthis approval shall expire on May 11, 2007. (d) This approval 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 Development Department/Planning Division, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. 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: Mr. Nasser Ahmadi, 1341 Pecan Grove, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27Th OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. MV Steve Nelson, Vice Chairman I, Nancy Fong, 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 27th day of February 2006, by. the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Nancy Fong, Secretary PLANNING COMMISSION RESOLUTION NO. 2004-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-03, TREE PERMIT NO. 2004-02 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FOUR LEVELS (SPLIT-LEVEL DESIGN) SINGLE-FAMILY RESIDENCE TOTALING TO APPROXIMATELY 11,300 SQUARE FEET INCLUDING A FOUR CAR GARAGE WITH ONE SPACE IN TANDEM, BALCONIES, VERANDA AND DECK. THE REQUEST ALSO INCLUDES RETAINING WALLS OF VARYING HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF 8 FEET AND THE REMOVALIREPLACEMENTIPROTECTION OF OAK AND WALNUT. TREES. THE PROJECT SITE IS LOCATED AT 2557 BLAZE TRAIL (LOT 138, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Mr. Nasser Ahmadi and the applicant, Mr. Mark Sebeti have filed an application for Development Review No. 2004-03, Tree Permit No. 2004-02 and categorical exemption for a property located at 2557 Blazed Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Tree Permit and categorical exemption shall be referred to as the "Application." On April 29, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley DailV Bulletin newspapers. On April 23, 2004, public hearing notices were mailed to approximately 40 property owners within a 500 -foot radius of the project site. On April 23, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On May 11, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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. The Planning Commission hereby finds that the project identified above in this The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 2557 Blaze Trail (Lot 138, Tract No. 30578) within a gated community identified as "The Country Estates". The project site is a long rectangle shape sloping downward to the rear property line. According to the Tract map, the project site is approximately 1.22 gross acres (53,143 gross square feet). The Tract Map does not indicate any easements, flood hazard areas or restricted use areas. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zones and use surround the project site: to the north, south, east and west is the R-1-20,000 Zone. (e) The Application request is to construct a four level (split-level design) single-family residence of approximately 11,300 square feet including a four car garage with one space in tandem, balconies, veranda, and deck. The request also includes retaining walls of varying height not to exceed an exposed 8 foot height; and removal/replacement/protection of oak and walnut trees. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). On July 25, 1995, the City adopted its General Plan, Although Tract No. 30091, Lot 60 (project site) was established prior to the General Plan's adoption. It complies with the General Plan land use designation of RR - Maximum 1 DU/AC in that the project site is 1.22 gross acres. The project site is a vacant infill lot cite for the development of a single- family residence. The proposed project as conditioned is consistent with the General Plan in that it will maintain the integrity and not degrade this residential area. The proposed project, as conditioned within this resolution, will maintain the required setbacks and height and maintain of lot coverage of 11 percent which is less. the maximum allowed 30 percent. The proposed project is not unusual for "The Country Estates" and is consistent with other development within this community. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain its existing architectural style (Contemporary) and construction materials which are compatible with the eclectic architectural style, colors and material of other homes within "The Country Estates". (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As referenced above in finding (t), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. Additionally, Blaze Trail adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The architectural style of the proposed single-family residence is Contemporary and compatible with otherresidences within `The Country Estates" due to the eclectic architectural style that is existing in this area. Furthermore, most interesting elements of the proposed residence's architectural design are the multi-level floor plan, the varying planes at each elevation and the design follows the topography of the project site. The compatibility of the proposed project with the existing residence is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings (0, (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. Tree Permit (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (I) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (m) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (n) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (o) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (p) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (q) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (r) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards. The applicant is requesting to remove four oak trees and two walnut trees which are located in the proposed development pad area. The oak trees have a DBH varying from approximately 24 inches to 48 inches with the larger DBH on multi -trunk oak trees. The walnut trees have a DBH varying from approximately 15 to 95.5 inches with the larger DBH on a multi -trunk walnut tree. According to the arborist report prepared by Crown Oaks Arborists, the health of the trees varies and is rated from good to poor.. There are several other walnut trees and one oak tree located outside of the development area and will be required to be protected according to Development Code Section 22.38.140during construction. It will be required that protective fencing be installed and inspected prior to the issuance of any City permits and remain until final inspector issuance of Certificate of Occupancy. Additionally, the Code also allows the removal and replacement of said trees as referenced above under certain circumstances. As a result, it will be required that the oak and walnut trees cited for removal be replaced at a 3:1 ratio, minimum 24 inch box size The removal of the four oak trees and two walnut trees is appropriate due to their location within the proposed development pad. The development pad is located in the most logical place on the project site. Furthermore, the applicant has designed the proposed residence to respect the topography of the site which is required by the City's Hillside Management Standards. It will be required that the four oak trees and two walnut trees cited for removal be replaced at a 3:9 ratio, minimum 24 inch box size. Additionally and prior to the issuance of any City permits, the applicant will be required to submit a landscape/irrigation plan delineating the location and size of the replacement k trees and a grading plan delineating the protection barrier for the remaining oak and walnut trees for the City's review and approval. It will be required that protective fencing be installed and inspected prior to the issuance of any City permits and remain until final inspect or issuance of Certificate of Occupancy. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections and final landscape/irrigation plan collectively labeled as Exhibit "A" dated May 11, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate location, size and -quantity of the twelve oak trees and six walnut trees which shall be at a 24 inch box size. The landscape plan should also include the size, quantity and species of all plant materials. The landscape plan shall also delineate plant material to be utilized for screening the rear wall. Prior to final inspection or Certificate of Occupancy, all landscaping/irrigation shall be installed. (d) Prior to construction, the applicant shall install temporary construction fencing pursuantto the building and Safety Division's requirements along the project perimeter. (e) The front yard setback shall be a minimum of 30 feet. Prior to construction and concrete placement of footing, the front setback shall be certified by an engineer approved by the City and at the applicant's expense. (f) The height of the proposed residence shall not exceed 35 feet from the natural or finished grade. Prior to the rough framing inspection, the height of the proposed addition shall be certified by an engineer approved by the City and at the applicant's expense. (g) Exterior balcony located at the main level and adjacent to the office shall be deleted. The applicant shall submit a revised site plan indicating this deletion for the Planning Division's review and approval prior to Plan Check submittal. (h) Depth of the garage section that accommodated two parking spaces not in tandem shall be a minimum of 20 feet. Prior to Plan Check submittal, the applicant shall submit a revised garage floor plan to the Planning Division for review and approval reflecting this adjustment. (i) Maximum exposed height of retaining walls within the rear and rear side yards shall not exceed eight feet. Retaining walls or any other structures within the 30 foot front yard setback shall not exceed an exposed height of 42 inches. Q) If exterior construction occurs between October 1 and April 15, the Applicant shall submit an erosion control plan for the City's review and approval. (k) The applicant shall submit a precise grading plan for 50 cubic yards or more of earth work prior to the issuance of any City permits. The grading plan shall be prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site.; and (4) Finish surface and finished grade of all walls/retaining walls and retaining wall calculations. (1) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval referencing the proposed addition and deck. (m) If applicable, the Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (n) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best ` Management Practices (BMP's) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. Additionally, an erosion control plan is required for grading permits issued between October 1 and April 15. (o) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course or to the adjacent private street. With the exception of the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study for the City's review and approval, prior to the issuance of any City permits. (p) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (q) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. Best Management Practices (BMP's) shall to be incorporated into the project plans for both construction and post - construction activities. (r) The proposed residence shall comply with the State Energy Conservation Standards. (s) Surface water shall drain away from the proposed structures at a two - percent minimum slope. (t) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (u) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (v) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (w) Building setback from top of slope at the rear of the property shall meet Sectionl8 of the 2001 California Building Code. (x) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (y). Height of the accessory structure shall be certified by a licensed engineer. (z) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or otherdisturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (aa) Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement' to maintain a single-family residence only and no portion of this structure shall be rented, leased or sold separate and apart form the remaining portions of the property or structure. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. (bb) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (cc) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (dd) 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: Mr. Nasser Ahmadi, 127 S. Brand Avenue, Glendale, CA 91204 and Mr. Mark Sebeti, 147 Islington Drive, Irvine, CA 92620. APPROVED AND ADOPTED THIS 11Th OF MAY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Dan Nolan, 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 11th day of May 2004, by the following vote: ATTEST: AYES: Nolan, Tanaka, Low, McManus, Tye NOES: None ABSTAIN: None ABSENT: None James DeStefano, Secretary 10 ll� Oak, ?„o1, 06 Ms, Ann 1. Luna V R550ciala pfannar G� o.� Otarrona( g�- D tar A nn Na55ex- O VAAdi 1341 Pecan Grove pr. Piamond Bar G9, 9176 5', Py. # OR) 361171 A.s7 8-6�7 rfl Oaq-4s 7Xjf -o7, g apPrlpAe jour Kndges� C.mal �? er►flon % �n - p�(7 !n 't (�(Anh,nq p�,f, 9 A►n m��,Gs Puhlrc wor�CS �f, 0►� PI'e�g Sure s 15 W, M}-. /i J 6+�� 1pS�toCIC� oV' ,G to(/,zZ/ (3v! 14!1 perrnrf r�l��' Q��'cr sfic�' s3 wt// be reosd �0 5far'1`'lu pro ec/. Alt 5rnce It p/ani1n� -►,Y, ss1Ph �a�1ar,avit�'S r��CP�r�r�ton da`�� r5 M�j 79Ifi, 06. cold Tkc durahor of 4rnanc n 1s no' cl�r fi c . ca- ' -e,fio b �. �erfc�rn wov l� i, Ke fi szq e-57' r � year �ac�'e�s t� n afie plann�n ap,prove. j qcy, a7llac�!„ ?fit Gluck &r regvrre.d �,GPlco�gr F/54 ne�dc.d, or `jou I�avc.- al q�C�1ov! , S1rn Care Nasst,r hhMrad 1 11 HE cn cn 2557 BLAZE TRAIL LANE MR. & MRS. AHMADI RESIDENCE DIAMOND BAR -CA -91765 e = 2557 BLAZE TRAIL LANE MR. & MRS. AHMADI RESIDENCE DIAMOND BAR -CA -91765 WI UPPER FLOOR PLAN Rp1-7 z oS'Ss 2557 BLAZE TRAIL LANE MR. & MRS. AHMADI RESIDENCE "A.,." BAR -:A-97765 UNDER DECK F. PLAN 2557 BLAZE TRAIL LANE MR. & MRS. AHMADI RESIDENCE DIAMOND BAR -CA -91765 to z m ->4 :0 IF I I im, Fil- FRONTELEVATION NARAGHI & ASSOCIATES 10 MMal m ""WEEMEMEM"ME - Mia I -RH 2 A g +++++++++I NEI Iwo +'+++'+I i R ++++-+++I+, I , ++++++�+++ 10, J 1 +++!+++,'+I I 5! 1 it 11111111 10 MMal m ""WEEMEMEM"ME - 1111111M 11111111 BEEN MEN IPLANTINGPLANTINGPLAN �- 1 ML & mr-ummi m NARAGHI & ASSOCIATES" IT �I_DI�I011'D BSP PLANNING COMMISSION r98 AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: MEETING DATE: REPORT DATE: CASE/FILE NUMBER: PROJECT LOCATION: 7.4 June 27, 2006 June 16, 2006 Development Review No. 2006-17 603 Pantera Drive (Lot 33 of Parcel Map 42580) Diamond Bar, CA 91765 APPLICATION REQUEST: Demolish an existing 1,812 square foot one- story single family residence. Construct a two-story single family residence totaling 4,320 square feet with attached three -car garage, balconies, and lattice patio cover; and construct a detached guest house totaling 600 square feet. PROPERTY OWNERS: Mr..Kabbani Bashir M., 603 Pantera Drive, Diamond Bar, CA 91765 APPLICANT: Landmark Engineering Design, 14130 Alondra Boulevard Suite H, Santa Fe Springs, CA 90670 STAFF RECOMMENDATION: Conditionally Approve The project site is located in the corner of Armitos Place and Pantera Drive. The lot is approximately 14,496 square feet (0.33 acres), and is an irregular shaped and has a descending slope on the Armitos Place side. The applicants, Landmark Engineering Design and property owner Mr. Kabbani Bashir M., have submitted an application for Development Review No. 2006-17 requesting approval to demolish the existing 1,812 dwelling to construct a new single family residence of approximately 4,535 square feet along with a 600 square foot guest room. ANALYSIS: A. Review Authority (Section 22.78) The construction of a new single family structure requires Development Review by the Planning Commission according to the Development Code. B. General Plan/Zoning Unit/Acre 1-10,000) C. Development Review (Section 22.48) The following comparison shows that the proposed project meets the City's development standards and parcel map requirements: Development Feature RL- Building Proposed Meets Standards/PM 23382 Requirements Minimum Lot Area 10,000 S.F. 14,496 S.F. Yes Residential Density 1 Single -Family Unit; 3 1 Single Family Unit Yes per gross acre Front yard setback 20 feet 20'-0" Yes Side yard setbacks 10 feet & 5 feet 10 feet & 5 feet Yes Side yard minimum between structures on 15 feet 15'-0" Yes adjoining parcels Development Feature RL- Building Standards/PM 23382 Proposed Meets Requirements Rear setback 20 feet 41'-0" Yes Building Height Limit 35 feet maximum 29'-6" Yes As required by Chapter Two-story on created Yes Hillside Development 22.22 Hillside Mgt.) ad Retainin W all Maximum Height 6 feet 6 feet Yes Landscaping g As required by Chapter Meets requirements Yes p 22.24 (Landscaping) Parking 2 in fully enclosed 3 -car garage Yes garage (20'X20'). Maximum 14 feet to 12 feet; landscape Driveway garage; landscape 50% plus Yes 50% Landscaping 50 % of the front yard 50% plus of front yard will Yes in landscaping landscaped Lot Coverage 40% Approximately 26.7% Yes Preserved/Protected Tree Permit Required to Remove certain No Trees to be Yes Trees trees Removed D. Architectural Features/Colors and MaterialslFloor Plan The architectural style, as described by the applicant, is an eclectic Mediterranean design emphasizing the use of a variety of building materials to include: concrete tile roof, smooth stucco walls with cultured country ledge stone, wrought iron balcony railings with decorative columns, and vinyl windows with decorative trim and molding treatment. The material/color board indicates earth -toned shades will be used for the exterior finish. The proposed residence will have two floors as delineated in Exhibit "A." There are a total of six bedrooms, five bathrooms, dining room, exterior balcony, family room, foyer, kitchen, living room, lattice patio cover, office room, three car garage, and a 600 square foot guesthouse. E. Landscaping and Preserved/Protected Trees (Section 22.24) A Purpose of landscaping is to protect the public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment. The preliminary landscape plan shows the species, size and quantity of the plant materials to be utilized throughout the site. A Condition of Approval requires the applicant to submit a detailed Landscape/Irrigation plan to City Staff, which will review and approve. Landscaping and Irrigation shall be complete prior to the release of occupancy. F. Guest House A proposed detached 600 square foot guest house, located at the rear yard of the property, shall complywith the City's DevelopmenlCode. The property lotis 14,496 square feet, which meets the minimum lot size of 10,000 square feet. The architectural style is an eclectic Mediterranean, which will match the main dwelling. The proposed guest house will be a single story which will include one bedroom; one bathroom, bar, and gaming area. G. Covenant and Agreement A condition of approval requires the property owner to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a City form. The covenant must be recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. H. View Impact The terrain in the vicinity of Pantera Drive/Armitos Drive is hilly surrounded by two- story homes. By maintaining the allowed height of 35 feet or less, the proposed residential structure allows view corridors to its neighbors. Therefore, staff does not consider this proposed new home to have a negative impact from the existing properties. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. J. Block Wall Encroachment The Public Works Department and the Planning Division have researched the encroachment of the block wall that lies along Armitos Place/Leyland Drive and have found that it was built prior to the incorporation of the City of Diamond Bar. Property owners Mr. and Mrs. Steven and Angela En -Fong Lee, of the adjacent lot, 700 Leyland Drive, have signed off agreeing to maintain the block wall as is (Exhibit). K. General Plan/Design Guidelines/Compatibility with Neighborhood Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the surrounding neighborhood's prevailing character; and 2. Strategy 2.2. 1, new developments shall be compatible with surrounding land uses. Staffs review as described in the following sections, finds the application consistent with the General Plan, Development Code, City's Design Guidelines, Conditions of Parcel Map No. 42580, and compatible with the neighborhood. NOTICE OF PUBLIC HEARING: On June 16, 2006, 79 property owners within a 500 -foot radius of the project site were notified by mail and three other locations were posted within the project's vicinity. On June 16, 2006, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303(a) - (new single family residence). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2006-17, Findings of Fact, and conditions of approval, as listed within the attached resolution. Prepared by: Reviewed by: David Alvarez Nancy Fong, AICP Planning Technician Community Development Director ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Covenant and Agreement; 3. Aerial; 4. Exhibit "A" - site plan, floor plan, elevations, sections, landscape plan and conceptual grading plan dated June 21, 2006; 5. Memo from Angela En -Fong Lee dated June 2, 2006 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-17, A REQUEST TO DEMOLISH AN EXISTING 1,812 SQUARE FOOT HOME TO CONSTRUCT A NEW 4,320 SQUARE FOOT HOME WITH A DECK, BALCONY, AN ATTACHED THREE -CAR GARAGE AND A DETACHED 600 SQUARE FOOT GUEST HOUSE. THE PROJECT SITE IS LOCATED AT 603 PANTERA DRIVE (APN: 8281-040-040, LOT 33, TRACT NO. 42580), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Mr. Kabbani Bashir M., and applicant, Landmark Engineering Design, Inc, have filed an application for Development Review No. 2006-17, for property located at 603 Pantera Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On June 16, 2006, public hearing notices were mailed to approximately 79 property owners within a 500 -foot radius of the project site. On June 16, 2006 notification of the public hearing for this projectwas provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 27, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations; 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 603 Pantera Drive (Lot 33 of Tract 42580), Diamond Bar, California. (b) The project site has a General Plan land use designation of Rural Residential (RL) Maximum 3 DU/AC; (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone; (d) Generally, to the north, south and east is the R-1-20,000 zone; and to the west is the Single Family Residential -Minimum Lot Size 40,000 square feet (R-1-40,000) zone; (e) The Application request is to tear down existing dwelling and to construct a new Single Family Residence of approximately 5,735 square feet, which includes habitable space, deck/balcony, three -car garage and a quest house. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); 2 Planning Commission Resolution No. 2006 -XX On July 25, 1995, the City adopted its General Plan. Although Tract No. 42580, Lot 33 (project site) was established prior to the City's incorporation and General Plan's adoption. The application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Low Density Residential (minimum lot of 10,000 SF) land use designation. The proposed project consists of a fear down of the existing 1,812 square foot Single Family Residence and constructing new Single Family Residence of approximately 5,735 square feet, which includes habitable space, deck/balcony, three -car garage and a quest house. Hence, the proposed project meets all other development standards for the RR zoning district as prescribed in the Development Code. The proposed project is not unusual for the surrounding area and is consistent with other development within this community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed projects architectural style (Mediterranean) and construction materials and colors will match the existing residence which is compatible with the eclectic architectural style, colors and material of other homes within the community. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (0, the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed Single Family Residence tear down and construction of a new Single Family Residence is consistent with other single-family residences established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. Planning Commission Resolution No. 2006 -XX (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The architectural' style of the proposed site is an eclectic Mediterranean design. The compatibility of the proposed project with the surrounding residences is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; As referenced in the above findings (t), (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project 4 Planning Commission Resolullon No. 2006 -XX identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: PLANNING Division (a) The project shall substantially conform to plot plan, floor plans roof plan, elevations, landscape plan, grading plan collectively labeled as Exhibit "A" dated June 27 2006, as submitted and approved by the Planning Commission, and as amended herein; (b) The site shall be' maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and 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. The Applicant shall provide temporary sanitation facilities while under construction; (d) Guest house area shall comply with Development Code Section 22.42.060; (e) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; (f) The single-family residence shall not be used 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 Planning Commission Resolution No. 2006 -XX dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood; (g) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence and Guest House" 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; PUBLIC WORKS DIVISION (h) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the retaining walls and elevations of the top of wall/footing and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; (i) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; Q) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits; BUILDING AND SAFETY (k) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements and shall comply with energy conservation requirements of the State of California Energy Commission; (1) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; Planning Commission Resolution No. 2006 -XX (m) The single-family structure is located in "High Hazard Fire Zone" and shall meet the following requirements of that fire zone: (1) All unenclosed under -floor areas shall be constructed as exterior walls; (2) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; and (n) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval; (o) Grading/site plan shall clearly delineate all finished elevations, drainage, retaining wall location, top of wall, top of footing, and finished grade on both sides of the wall and retaining wall calculations; (p) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; (q) Applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading into a sleep room; (r) Door between garage and the house shall be 1 3/8 inch solid core door, self-closing. Walls between living space and garage shall be 5/8 type X; 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: Mr. Kabanni Bashir M., 603 Pantera Drive, Diamond Bar, CA 91765, and Landmark Engineering Design, 14130 Alondra Boulevard, Suite H, Santa Fe Springs, CA 90670 7 Planning Commission Resolution No. 2006 -XX APPROVED AND ADOPTED THIS 27th OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Vice Chairman I, Nancy Fong, 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 27th day of June 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 8 Planning Commission Resolution No. 2006 -XX DEVELOPMENT DEPARTMENT DI1�H01TD B PROJECT #: Development Review No. 2006-17 SUBJECT: Demolish Existing 1,812 Square Foot Single -Family Residence and Build a New 4,900 Square Foot Single - Family Residence with a Guest House APPLICANT: Mr. Kabbani Bashir M. LOCATION: 603 Pantera Drive Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-17 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of. any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 9 Planning Commission Resolution No. 2006 -XX (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. Signed copies of the Planning Commission Resolution of Approval 2006 XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all applicable regulations and laws. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to any Public Hearing, all deposit accounts for the processing of this project shall have no deficits. 10 Planning Commission Resolution No. 2006 -XX C. TIME LIMITS The approval of Development Review No. 2006-17 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the Planning Commission collectively attached hereto as Exhibit "A" including: site plans architectural elevations exterior materials and colors, landscaping,..and grading on file in the Planning Division the conditions contained herein Development Code regulations the Specific Plan and the Community Plan. 2. Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit/lot is sold and occupied bythe buyer. Prior to releasing occupancy for the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. 11 Planning Commission Resolution No. 2006 -XX F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall bedoneonly 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. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 18t and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. . 12 Planning Commission Resolution No. 2006 -XX Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. The applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 2. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 5. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 6. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. Insert as required (and a permanent irrigation system shall be installed.) 7: Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the 13 Planning Commission Resolution No. 2006 -XX natural drainage course. Submit Drainage Plan to the Public Works/Engineering Department for review and approval prior to Building Permit Issuance. D. OFF-SITE STREET IMPROVEMENTS (Insert as required) _ Applicant shall construct a new driveway approach in accordance with current American Public Works Association (APWA) standards. All public improvement shall be approved by the City Engineer, constructed with an encroachment permit and completed prior to final inspection/certificate of occupancy issuance. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 7. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 8. All balconies shall be designed for 601b. live load. 9. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located 14 Planning Commission Resolution No. 2006 -XX in High Hazard Fire Zone it shall meet of requirements of the fire zone. 10. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 11. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 12. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 13. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 14. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 15. Specify location of tempered glass as required by code. 16. Applicant shall obtain demolition permit and AQMD permit for asbestos clearance. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. 15 Planning Commission Resolution No. 2006 -XX 5. Prior to recordation, the final map shall comply with all Fire Department requirements. END 16 Planning Commission Resolution No. 2006 -XX EXHIBIT JUNE 27, 2006 DR 2006-17 RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE WITH GUEST HOUSE DEVELOPMENT REVIEW NO.2006-17 The undersigned hereby certify that Bashir Kabbani is the owner(s) of the hereinafter described real property located 603 Pantera Drive in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 36 Tract Map No. 42583 Assessor's Book and Parcel Number 8281-040-040 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 structures. 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. I:0 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. 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Nao■ ■a•o• •uoiurw�m� or ���•���v g�k�Ng m( :6�03---AR,CA91]65 •;ANDSCAPING PLAN DDDR R. --DRY' .— —DR rr QOOn �4x o § •MR. 603 PAMBARFRA DR A DK DIA • rtuuw�e�e; l:buw., wv�.usi»s • • •AMONp BAC CAB 1765 • •••• e �is..tuh stFn¢ri� C[T ' �t98 PLANNING COMMISSION AGENDA REPORT CFFY OFDIAMOND BAR -21825 COPLEYMVE-DIAMONDBAR, CA91765-TEL (909) 839-7030-FAX(909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: June 27, 2006 REPORTDATE: June 9, 2006 CASE/FILE NUMBER Conditional Use Permit No. 2006-04 PROJECT LOCATION: 21335 and 21557 Cold Spring Lane Diamond Bar, CA 91765 APPLICATION REQUEST: To relocate an existing taekwondo studio to a different unit within Country Hills Towne Center. PROPERTYOWNERS: Country Hills DB, LLC MCC Realty Management 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 APPLICANT: YIC Taekwondo Young In Cheon and Ann Cheon 1129 Summitridge Drive Diamond Bar, CA 91765 STAFTRECCOMENDATION: Conditionally approve. CUP -2006-04 Page 1 BACKGROUND: On September 14, 2004 the Planning Commission approved YIC Taekwondo at 2815 Diamond Bar Boulevard. With the renovation of the shopping center, the taekwondo studio must move to 21335/21557 Cold Spring Lane, which is a temporary location. ANALYSIS: A. Development Application/Review Authority The issuance of a Conditional Use Permit is site specific. As a result, the relocation of the taekwondo studio triggers the issuance of a new Conditional Use Permit. Additionally, the original Conditional Use Permit must be termination. B. General Plan and Zoning General Plan Designation: General Commercial (C); Zoning Designation: Community Commercial (C-2); and Surrounding Zones/Uses: North: R-1-7,500; South: RPD -15U; East: R-1-20,000 and R-1-7,500; and West: R-1-7,500. B. . Conditional Use Permit (Code Section 22.58) The Conditional Use Permit provides a process to review the effects of a specified use allowed in various zoning district on the surrounding area and to ensure thatthe proposed use will protect the public health, safety and welfare. Pursuant to the Development Code, a martial arts/taekwondo studio is allowed in the C-2 zoning district with a Conditional Use Permit approval. The Planning Commission is the review authority. Business Description The taekwondo studio has moved from a unit of approximately 4,800 square feet to a unit of approximately 3,072 square feet. The unit will consist of the main gym, secondary gym, two restrooms, two locker rooms reception area, storage room and office. 2. Operational Characteristics Das of Operation Monday - Saturday; Closed on Sunda Hours of Operation 10:00 a.m.(administrative duties);Classes — 3:00 p.m. to 830 n.m. CUP2006-04 Page 2 Peak Hour of Operation 5:00 .m. Number of Class Per Business Day Monday through Friday — 6; Saturday - 1 Time Frame Per Class 50 minutes Number of Students Per Class 20 to 30 Age of Students 4 to 60; Approximately 90% are under 16 Number of Teachers/Employees 2 teachers and 1 employee Vehicles Used For Business 1 Special Events/Exhibitions Once or twice a year The operational are consistent with the original Conditional Use Permit approval. 3. Parkin When the Country Hills Towne Center remodeling and construction of additional square footage was approved by the Planning Commission, a shared parking analysis was part of that review. The shared parking analysis considered a wide variety of uses (i.e., supermarket, retail, office, spa, restaurants, fast food, AAA office and medical offices) in its analysis. The results showed that the number of parking stalls needed at peak time (weekday at 1:00 p.m./weekend at 8:00 p.m.) is 1,003 parking stalls. It was agreed that the 1,012 parking stalls provided for the shopping center was adequate with a condition of approval that placed a cap on the maximum square footage for restaurants and outdoor dinning of 53,397 square feet. Pursuant to Development Code, it is required that 20 parking stalls be provided for the taekwondo studio. This is based on one parking stall for each 150 square feet of the 3,072 square feet unit occupied by the taekwondo studio. Since the taekwondo studio is an existing use and considered in the shared parking analysis, staff anticipates that the parking stalls provided at the shopping center will be adequate to continue to support the taekwondo studio. The applicant anticipates special events/exhibitions taking place once or twice a year. It will be required that the applicant obtain a Temporary Use Permit approval for special events as require by Development Code Section 22.50. 4. Conditional Use Permit Validation The new location of the taekwondo studio is temporary. When the renovation of Country Hills Towne Center is completed, the taekwondo studiowill move to a permanent location. Recognizing that the new location is temporary and that this is an unusual case, staff wants to be flexible and allow the applicant to CUP2006-04 Pages 3 move to a permanent location within the shopping center without another Conditional Use Permit but through a Plot Plan review by staff. C. Additional Review The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on June 15, 2006. Public hearing notices were mailed to approximately 417 property owners within a 700 -foot radius of the project site on June 12, 2006 and the public notice was also posted in three public places. Furthermore, the project site was posted with a display board by June 14, 2006. RECOMMENDATIONS: Staff recommends thatthe Planning Commission approve Development Review No. 2006- 04, Findings of Fact and conditions of approval as listed within the attached resolution and terminate Conditional Use Permit No. 2004-04. zPre ared by: n J. Lung , As ciate tanner Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan and floor plan June 273 2006; 3. Aerial; CUP2006-04 Page 4 PLANNING COMMISSION 14p, RESOLUTION NO. 2006-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2006-04 AND CATEGORICAL EXEMPTION AND TERMINATING CONDITIONAL USE PERMIT NO. 2004-04, TO PERMIT ATAEKWONDO STUDIO WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS COUNTY HILLS TOWN CENTER. THE PROJECT SITE IS LOCATED AT 21335 and 21557 COLD SPRING LANE, DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Country Hills DB, LLC/MCC Realty Management, and applicant, YIC Taekwondo, have filed an application for Conditional Use Permit No. 2006-04 and categorical exemption for a property located at 21335 and 21557 Cold Spring Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application." On June 12, 2006, public hearing notices were mailed to approximately 417 property owners of record within a 700 -foot radius of the project and the public notice was posted in three public places. By June 14, 2006, the project site was posted with a display board. On June 15, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On June 27, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15301(e) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in -Section` 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping center identified as Country Hills Town Center located at the 2800 block of South Diamond Bar Boulevard. The taekwondo studio will occupy units addressed as 21335 and 21557 Cold Spring Lane. The shopping center is approximately 18 acres divided into several parcels that contain a total of approximately 172,498 square feet of structure used for retail/commercial/office/restaurant. (b) The General Plan land use designation for the project site is General Commercial (C).' (c) The zoning designation for the project site is Restricted Business (C-2) zone in which the development standards for Community Commercial apply. (d) Generally, the following zones surround the project site: North: R-1-7,500; South: RPD -15U; East: R-1-20,000 and R-1-7, 500 zones; and West: R-1-7,500 zone. (e) Pursuant to Development Code Sections 22.58 and 22.10.030 - Table 2-6, this application is a request to obtain the appropriate Conditional Use Permit to allow the operation of a Taekwondo studio that teaches the ancient Korean art of self-defense. The proposed studio is identified as YIC Taekwondo. The taekwondo studio was approved by the Planning Commission on September 14, 2004 via Conditional Use Permit No. 2004-04 and Planning Commission Resolution No. 2004-39. The Conditional Use Permit was approved only for Lot 6 of Parcel Map 18722 within Country Hills Towne.Center With the shopping center's remodeling, the taekwondo studio needs to be relocated. The taekwondo studio has moved from a unit of approximately 4,800 square feet to a unit of approximately 3,072 square feet. The unit will consist of the main gym, secondary gym, two restrooms, two locker rooms reception area, storage room and office. Conditional Use Permit (f) The proposed use is allowed within the subjectzoning districtwiththe approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The taekwondo studio is permitted in the C-2 zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal Code. The Y1C Taekwondo studio was approved by the Planning Commission Planning Commission Resolution No. 2004-39. The Conditional Use Permit was approved only for Lot 6 of Parcel Map 98722 (2895 Diamond Bar Boulevard) within Country Hill Towne Center. With the remodeling of the shopping center, the taekwondo studio needs to be relocated. The application request is to relocate the existing taekwondo studio within'Country Hills Towne Center. Due to the remodeling of the shopping center, the taekwondo studio made a quick move to 21335 and 21557 Cold Spring). Since the original Conditional Use Permit was site specific within Country Hills Towne Center and the applicant has relocated, the original Conditional Use Permit must be termination and a new one approved. The new location of the taekwondo studio will not be a permanent location. When the remodeling of Country Hills Towne Center is completed, the taekwondo studio will be relocated again. Since the Condition Use Permit runs with the land, rather than locking the applicant to one particular parcel within a shopping center, staff will consider the shopping center as one cohesive site and allow the applicant to move to a different location within the shopping center when construction is completed with a Plot Plan approval by staff. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The taekwondo studio is considered a service use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 18 acres and developed with an existing shopping center of approximately 172,498 square feet of structure with landscaping and approximately 1,012 parking stalls. The taekwondo studio will occupy a unit of approximately 3,072 square feet. The use will not cause the addition of square footage to the shopping center, nor will the relocation of the existing use change the shopping center physically. However, the reason for the relocation is that the shopping center is being remodeled. The new location is temporary until the remodeling is completed and the taekwondo studio has a permanent location within the shopping center. When the Country Hills Towne Center remodeling and construction of additional square footage was approved by the Planning Commission, a shared parking analysis was part of that review. The shared parking analysis considered a wide variety of uses (i.e., supermarket, retail, office, spa, restaurants, fast food, AAA office and medical offices) in its analysis. The results showed that the number of parking stalls needed at peak time (weekday at 1:00 p.m./weekend at 8:00 p.m.) is 1,003 parking stalls. it was agreed that the 1,012 parking stalls provided forthe shopping centerwas adequate with a condition of approval that placed a cap on the maximum square footage for restaurants and outdoor dinning of 53,397 square feet. Pursuant to Development Code, it is required that 20 parking stalls be provided for the taekwondo studio. This is based on one parking stall for each 150 square feet of the. 3,072 square feet unit occupied by the taekwondo studio. Since the taekwondo studio is an existing use and considered in the shared parking analysis, staff anticipates that the parking stalls provided at the shopping center will be adequate to continue to support the taekwondo studio. The applicant anticipates special events/exhibitions taking place once or twice a year. It will be required that the applicant obtain a Temporary Use Permit approval for special events as require by Development Code Section 22.50. 4 (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; The taekwondo studio, as referenced above in Items (t), (g) and (h), meets the required development standards for C-2 zone with a Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the shopping center exists and the proposed use does not require access modification. As a result, the subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints (j) Granting the Conditional. Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (0 through (i), the taekwondo studio as conditioned herein will meet the City's development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301(e) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 5 A. Planning Division (a) No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. (b) Hours of operation and operating characteristics shall be as follows: Days of Monday through Saturday; Closed on Sunday Operation Hours of 10:00 a.m. (for administrative duties); Classes - Operation 3:00 p.m. to 8:30 p.m. If the applicant desires to modify the hours of operation, the modified hours of operation shall be presented to the Planning Division staff for review and approval. (c) Since the original Conditional Use Permit No. 2004-04 was site specific (Lot 6 of Parcel Map No. 18722.) within Country Hills Towne Center and the applicant has relocated, the original Conditional Use Permit shall be terminated with the approval of Conditional Use Permit No. 2006-04. (d) The new location for the taekwondo studio is not permanent. When the remodeling of the shopping center is complete, the applicant shall submit a Plot Plan application for the permanent location of the taekwondo studio for Planning Division review and approval. (e) Within 15 days of this approval, the applicant shall obtain a Business Registration Certificate. B. Building and Safety Division - - (a) -Plan shall -meet all "B" occupancy requirements. (b) For plan check submittal, the applicant shall show compliance with Title 24 accessibility requirements for front counter, dressing rooms, van parking path of travel, restrooms, etc. (c) For plan check submittal, the applicant shall show exist, analysis, occupant load, exit width, exit signs, etc. (d) Prior to final inspection, applicant shall install appropriate handicapped signs. . 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: Country Hills DB, LLC, MCC Realty Management, 9595 Wilshire Blvd., #214, Beverly Hills, CA and Mr. Young In Cheon and Ann Cheon, 1129 Summitridge Drive., Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 27TH OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, ViceChairman I, Nancy Fong, 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 4th day of September 2004, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 7 �DL'��IOIITD B�Rf�COMMUNITY DEVELOPMENTDEPTMENTSTANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIA NEW • REMODELED PROJECT #: Conditional Use Permit No. 2006-04 SUBJECT: Taekwondo Studio APPLICANT: Young In Cheon and Ann Cheon LOCATION: 21335 and 21557 Cold Springs Lane within Country Hill Town Center ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS in accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2006-04 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the U applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-04 at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. N C. TIME LIMITS The approval of Conditional Use Permit No. 2006-04 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for .Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and . amended herein by the: Planning Commission, collectively attached hereto as Exhibit "A" dated June 27, 2006 including: site plan and floor plan, on file in the Planning Division, the conditions contained herein, and Development Code regulations. 2. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 3. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 10 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1Plans shall conform to State and Local Building Code (i.e., 2001 California BbUding Code, '|C�dUbrnia-PlunibinO 'Code �-Co|Kbrnia Mechanical Code. and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations ineffect otthe time ofplan check submittal. Occupancy ofthe facilities shall not commence until such time aoall Uniform Building Code and State Fire Marshal regulations have been met The buildings shall be inspected for compliance prior to occupancy. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: If applicable and prior tothe issuance ofany permits, the applicant shall obtain the Fire Department approval and submitted verification of said approval to the City. 11 ®�� •- t l�� �' ';� QoU rr w z w UQ wcc z0 Occ C!1 a �m Jo =o >-¢ �o z D O U � DI�II�I.OIID S �I tiipRPLANNING COMMISSIONAGENDARUORT CITY OF DIAMOND BAR- 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL (909) 839--7030 - FAX (909) 861.-3117 AGENDA ITEM NUMBER-- MEETING UMBER:MEETING DATE: REPORT DATE: CASE/FII.E NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER/APPLICANT: STAFF RECOM IENDATION: June 27, 2006 June 8, 2006 Development Review 2006-15 23649 Country View Drive (Tract 31061, Lot 8) Diamond Bar, CA 91765 Approval to. add approximately 1,517 square feet to an existing residence of 2,397 square feet including the existing two -car garage. Mr. Hubert Wilson 23649 Country View Drive Diamond Bar, CA 91765 Conditionally approve. BACKGROUND: A. Site Description: The project site is approximately 8,019 square feet, rectangular shaped and has a rear slope that descends toward Grand Avenue. The project site is developed with a two=story residence of approximately 1915 square feet plus a two -car garage. According to the tract map, there are no easements within the project site. B. General Plan and Zoning: o General Plan Designation: Low Medium Density Residential (RLM) Maximum 5 DU/AC. o Zoning: Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). o Surrounding Zones and Uses: R-1-8,000, single-family residences. . ANALYSIS: A. Development Applications/Review Authority (Code Sections 22.44) The application request is to construct an addition to the existing first and second story (at rear) totaling to approximately 1,517 habitable square feet and to remove an existing patio enclosure and existing balcony. The addition is more than 50 percent of the existing habitable area and requires Development Review by the Planning Commission. B. Development Review (Code Sections 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process also ensures that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interests of residents, workers, shoppers, and visitors as the result of consistent exemplary design. 1. Development Standards The comparison matrix below shows that the proposed project has met the development standards for the R-1-8,000 zoning district. DR 2006-15 Page 2 Development Feature R-1-8,000 Zoning District Requirements Proposed Meet Requirement Minimum Lot Area 8,000 square feet. 8,019 square feet Yes Residential Density 1 Single -Family Unit 1 Single -Family Unit Yes Front yard setback 20 feet 18.083 feet Yes* Side yard setbacks 5 & 10 feet 10 & 16 feet Yes Rear setback 25 feet 44.66 feet Yes Building height 35 feet from natural or finished grade Existing - 24 feet from grade Yes Separation between adjacent residences 15 feet 15 & 21 feet Yes Lot coverage 40% maximum 25% Yes Parking Two -car garage (minimum) two -car garage Yes * Existing front setback and not affected by the proposed addition. Architecture The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design, and landscape architecture. Additionally, a primary objective is to promote compatibility with adjacent uses in order to minimize any potential negative impacts. The proposed addition is consistent with the existing architectural style. The roofline/pitch will be a continuation of the existing roofline. A small portion of the proposed addition will be seen from Country View Drive. This portion of the addition will continue the stucco and wood trim detail that is on the existing second story over the garage. All new materials and colors will match the existing. The proposed addition can be seen from Grand Avenue. However, there is a row of tall Italian Cypress trees that blocks most of that view. Also, the addition is 26 feet from the top of slope that descend to the sidewalk at Grand Avenue. Furthermore, the addition is compatible with the subject residence and other residences in the neighborhood that can be viewed from Grand Avenue. DR 2000.-15 Page 3 3. Floor Plan Layout The existing two-story residence has four bedrooms, three bathrooms, family room, kitchen, living room, dinning room, two -car garage and deck. On the first floor, the proposed addition will enlarge the kitchen and family room and provide an area for a billiard table. On the second floor, the proposed addition will enlarge the existing master suite, provide a den/bedroom and remove the existing deck. 4. Grading/Drainage The project site contains a buildable pad. Therefore, grading is not required. Drainage patterns and techniques shall be reviewed and approved by the Public Works Department prior to any permit issuance. Drainage shall not be conveyed to adjacent parcels. 4. Wall in the Right- of -Way. There is an existing wall approximately 24 inches high located adjacent to the sidewalk and approximately six feet within the dedicated easement for Country View Drive. This dedicated easement appears as part of the front yard of the project site and is maintained by the property owner. Since the wall is within this easement, the property owner will be required to obtain an encroachment permit prior to final inspection of the addition. Landscaping A landscape plan was not submitted with this project's application. The applicant is required to submit a final landscape/irrigation plan prior to the issuance of any City permits. The final landscape plan is for the front yard to ensure that landscaping destroy during construction will be replaced prior to final inspection or Certificate of Occupancy. C. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e) (addition to an existing one single-family residence), the City has determined that this project is Categorically Exempt. DR2006-15 Page 4 NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on June 15, 2006. Public hearing notices were mailed to approximately 84 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places on June 12, 2006. Furthermore, the project site was posted with a display board by June 14, 2006. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2006-16, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: J. L.un , A oci Planner n r Attachments: Draft Resolution; Exhibit "A" - site plan, floor plan, roof plan and elevations dated June 27, 2006; Covenant and Agreement to Maintain a Single -Family Residence; and Aerial. DR 2006-15 Page 5 PLANNING COMMISSION RESOLUTION NO. 2006 -XX �s A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-15, AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN ADDITION OF APPROXI -MATELY 1,517 SQUARE FEET TO AN EXISTING SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 2,397 SQUARE FEET WITH A TWO -CAR GARAGE. THE PROJECT SITE IS LOCATED AT 23649 COUNTRY VIEW DRIVE (LOT 8, TRACT NO. 31061), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner/applicant, Mr. Hubert Wilson has filed an application for Development Review No. 2006-15 and categorical exemption for a property located at 23649 Country View Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." On June 12, 2006, public hearing notices were mailed to approximately 84 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. On June 14, 2006, the project site was posted with a display board. On June 15, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On June 27, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the. Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and .conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 8,019 square feet, rectangular shaped and has a rear slope that descends toward Grand Avenue. The project site is developed with a two-story residence of approximately 1,915 square feet plus a two -car garage. According to the tract map, there are no easements within the project site. (b) The project site has a General Plan land use designation of Low Medium Density Residential (RLM) Maximum 5 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000) Zone. (d) Generally, the R-1-8,000 single-family residences zone surrounding the project site. (e) The Application request to construct an addition to the existing first and second story (at rear) totaling to approximately 1,517 habitable square feet and to remove an existing patio enclosure and existing balcony. K Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) On July 25, 1995, the City adopted its General Plan. Tract No. 31061, Lot 8 (project site) was established and homes were built prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RLM Maximum 5 DU/AC. This designation allows forlot varying in size from 6,000 to 8,000 square feet. The project site is 8,019 square feet and is in compliance with the General Plan. The project site is within the R-1-8,000 zoning district. In accordance to the Development Code, the development standards of the RLM zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report. The proposed addition is consistent with the existing architectural style. The roofline/pitch will be a continuation of the existing roofline. A small portion of the proposed addition will be seen from Country View Drive. This portion of the addition will continue the stucco and wood trim detail that is on the existing second story over the garage. All new materials and colors will match the existing. The proposed addition can be seen from Grand Avenue. However, there is a row of tall Italian Cypress trees that blocks most of that view. Also, the addition is 26 feet from the top of slope that descend to the sidewalk at Grand Avenue. Furthermore, the addition is compatible with the subject residence and other residences in the neighborhood that can be viewed from Grand Avenue. The proposed design is consistent with other homes in the neighborhood and improves the visual character through the use of quality design. As such, the proposed project is consistent with the City's Design Guidelines. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. 3 With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (t), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will be compatible with other homes in the neighborhood. The proposed remodel and addition does not change the use of the property. it will continue to be maintained as a single-family residence. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. As referenced in Finding (t) above, the proposed project is consistent with the development standards of the RLM zoning district and the City's Design Guidelines. There is no specific plan for the project area. (i) 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 and will retain a reasonably adequate level of maintenance. As referenced in the above findings (0, (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. Q) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 4 Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisiong of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the. California Environmental QualityAct (CEQA), Section 15309(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: A. Planning Division 1. Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for Planning Division approval. The final landscape plan shall be for yard to ensure that any landscaping destroy during construction is replaced prior to final inspection. B. Public Works Department Prior to final inspection, the property owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements, including the existing wall, in the public right -of- way. C Building and Safety Division Applicant shall install hard wired smoke detectors with battery back-up in all bedrooms and hallways leading into sleeping areas 2. All bedrooms shall comply with all rescue window requirements. 5 3. Door between garage and the house shall b 1 3/8" solid core door and self closing. Walls and ceilings between living space and garage shall be 5/8 type X. 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: Mr. Hubert Wilson, 23649 Country View Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27Th OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND.BAR. IM Steve Nelson, Vice Chairman I, Nancy Fong, 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 27th day of June 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: None. ATTEST: Nancy Fong, Acting Secretary X ✓`��r-- —COMMUNITY ,r DEPARTMENT � DItli�IOATD B�1R� I 'i;hyi Lei 1 PROJECT #: Development Review No. 2006-15 SUBJECT: Addition to Existing Single -Family Residence APPLICANT: Hubert Wilson LOCATION: 23649 Country View Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold. harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-08 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any 7 claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-08, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used 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 L-1 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 result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits The approval of Development Review No. 2006-015 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" dated June 27, 2006, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscapinglirrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a N form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Landscape Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. F. Solid Waste The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 18t and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. iff C. Drainage Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. 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. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exteriorwall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 11 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. Specify 1/47ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. ivi RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Space Above Line For Recorder's Use Only COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE Development Review No. 2006-15 The undersigned hereby certify that Hubert Wilson are the owner(s) of the hereinafter described real property located at 23649 Country View Drive in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 8,Tract Map No. 31061 Assessor's Book and Parcel Number 8702-006-030 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. 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. By. 0 DATED: NOTE: THE COVENANT AND AGREEMENT SHALL BE NOTARIZED, AND .RECORDED. NOTARY SHALL USE UPDATED FORM AS DESCRIBED IN CIVIL CODE SECTION 1189. 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N N NNNNNN =f L. moo.�tY �� n,a� d V N V Z O Y Q w- U J z w w Z U �5 ❑ ❑ 0 U IL t7 6 n01 Lu ; 0 p �U m Q` �(L ° z O O p :E IL to (1) (n O NE2 Q0 L() LC) t11 21c7 co (0 Lu Nv'p vt 0- LO o 0 o O. 6- N N N N N co N N CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On June 27, 2006, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center - Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda, I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On June 22, 2006, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on June 27, 2006, was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Center 1600 Grand Avenue Diamond Bar, CA 91765 Heritage Park, 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on June 22, 2006, at Diamond Bar, California. Stella Marquez Community Development D artment gA\affidavi tp os dng.doc V REQUEST TO ADDRESS THE PLANNING COIISSION AGENDA * 1. SUBJECT: P V z.i 112 in.e —A- Re � , e.ti t N 0 2 0(9 TO: Planning Commission Secretary DATE: 0 60 10 L FROM: ADDRESS: 0'� la4 a !j e ✓C ��. ORGANIZATION: SUBJECT: r t i5 I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the llrmutes.