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08/8/2006
PLANNING FILE Copy August 8, 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 Kwang Ho Lee Commissioner Tony Torng Commissioner Osman Wei Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept of Community & Development Services, located at 21825 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 I of 1990, the City of Diamond Bar requires that a ' ny person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting* must inform the Department of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses Fecycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by. the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please ,telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: infoeci.diamond-bar.ca.us Next Resolution No. 2006-31 CITY • • BAR ■ COMMISSION •. • 8, 2006 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: i. ROLL CALL: COMMISSIONERS: Vice Chairman Steve Nelson, Kwang Ho Lee, Tony Torng, Osman Wei 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 Regiular Meeting: July 11, 2006. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING(S): 7.1 Development Review 2006-20 & Conditional Use Permit 2006-07 —in accordance to Sections 22.42 & 22.48 of the City of Diamond Bar Development Code the applicant has requested approval of plans to construct roof mounted wireless communications facilities and equipment cabinets and various surface mounted antennas on the existing Holiday Inn. The site is fully developed with a multi -story hotel. The subject property contains 3.5 -acres of land area. (Continued from July 11, 2006) Project Address: 21725 E. Gateway Center Drive (Holiday Inn Select) AUGUST 8, 2006 .1 PAGE 2 PLANNING COMMISSION Property Owner: Oak Creek, Ltd. Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 Applicant: Royal Street, LLC. Maree Hoeger, Project Manager 350 Commerce, Suite 200 Irvine, CA 92602 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt pursuant to the provisions of Sections 15301 and 15332, of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission continue the public hearing to the regularly scheduled Planning Commission meting of September 12, 2006. PUBLIC HEARING(S): 8.1 Conditional Use Permit No. 2006-08 and Minor Conditional Use Permit No. 2006_09r_ In accordance to Code Sections 22.56, 22.58 and 22.68.070, the applicant' requests approval of an amendment of Conditional Use Permit No. 2347-(1) herein re -numbered as Conditional Use Permit No. 2006-08 and Minor Conditional Use Permit No. 2006-09 to delete the original sunset clause of the existing pizza restaurant with outdoor dining, game arcade, on-site sale of beer/wine, and establish the uses to run with the land. Project Address: 1261 S. Diamond Bar Boulevard Property Owner: Diamond Bar/Grand, LLC 2717 West Coast Highway Newport Beach, CA 92663 Applicant: Richard Kim 3126 Gotera Drive Hacienda Heights, CA 91745 Environmental Determination: The City has determined that this project is categorically exempt per the California Environmental Quality Act (CEQA), Section 15301 -administrative change for an existing use. AUGUST 8, 2006 PAGE 3 PLANNING COMMISSION Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-08/Minor Conditional Use Permit No. 2006-09, Findings of Fact, and conditions of approval as listed within the draft resolution. 8.2 Development Review No. 2005-38 - In accordance to Code Sections 22.16.060, 22.42, and 22.48, the applicant requests approval of plans to construct two new cupolas with concealed roof -top antennas for a wireless telecommunication Project Address: 2707 S. Diamond Bar Boulevard Property Owner: James H. and Lynette Ann Martindale 1340 E. Route 66 Glendora, CA 91740 Applicant: T -Mobil 1100 3 Imperial Promenade, # Santa Ana, CA 92707 Environmental Determination: The City has determined that this project is categorically exempt per the California Environmental Quality Act (CEQA), Section 15301(b) -cupolas added to an existing structure for a wireless telecommunications facility. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2005-38, Findings of Fact, and conditions of approval as listed within the draft resolution. 8.3 Development Review No. 2006-23 and Conditional- - Use Permit No. 2000-03( - In accordance to Code Sections 22.66 and 22.48, the applicant requests approval of plans to modify an adjoining 1,200 square feet retail suite to a Montessori Elementary School classroom with interior tenant improvements to connect with the existing school and add a bathroom. Project Address: 23555 Palomino Drive Property Owner: A -P Diamond Bar L.L.C. 310 Golden Shore #300 Long Beach, CA 90802 Applicant: Diamond Bar Montessori Academy C/O Tige E. Licato 424 E. 9th Street Upland, CA 91786 AUGUST 8, 2006 PAGE 4 PLANNING COMMISSION Environmental Determi-haition: -The City has determined that -this project is categorically exempt per the California Environmental Quality Act (CEQA), Section 15301(e) -interior and exterior improvements of an existing structure where all public services and facilities are available. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-23 and Conditional Use Permit No. 2000-03(2), Findings of Fact, and conditions of approval as listed within the draft resolution. 8.4 Development Review No. 2006-27 and Minor Conditional Use Permit. No. 2006-08 — In accordance to Code Sections 22.48, 22.56, and 22.68, this is a request to add 972 square feet to an existing 1,365 square foot Single Family Residence feet on an existing 7,897 Lot, 0.18 acre, R-1 8,000 zoned parcel with a consistent underlying General Plan Land Use designation of Low Density Residential (RML). . Project Address: 1723 Roundtree Circle Property Owner: Michael and Julia Sullivan 1723 Roundtree Circle Diamond Bar, CA 91765 Applicant: ProBuilder Attn: Kenn Coble 449 W. Allen Avenue, Suite 109 San Dimas, CA 91773 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-17 and Minor Conditional Use Permit No. 2006-08, Findings of Fact, and conditions of approval as listed within the draft resolution. 8.5 Develogfflgnt Review No. 2006-14/Minor Conditional Use Permit No. 2006-05 - In accordance to Code Sections 22.48.020. (a)(1), 22.56., and 22.68.) — this is a request to construct a first and second story addition/remodel of approximately 2,600 square feet including the patio cover to an existing one- story single-family residence of approximately 1,412 square feet. with an existing two -car garage. The Minor Conditional Use Permit is a request to AUGUST 8, 2006 PAGE 5 PLANNING COMMISSION maintain the existing five foot side yard setback and 10 and 13 foot separation between residences on adjoining properties for the proposed addition. Project Address: 24115 Willow Creek Road Property Owner: Mr. and Mrs. Adolfo Mijares 24115 Willow Creek Road Diamond Bar, CA 91765 Applicant: Sergio Gonzales 6 N. First Avenue, Suite 101 Arcadia, CA 91006 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. 2006-14/Minor Conditional Use Permit No. 2006=05, Findings of Fact, and conditions of approval as listed within the draft resolution. 9. PLANNING COMMISSION COMMENTS I INFORMATIONAL ITEMS: 10. STAFF COMMENTS/ INFORMATIONAL ITEMS: 10.1 Art in Public Places —Consideration by City Council. 10.2 Historical Windmill — Consideration by City Council. 10.3 Planning Commissioner Training Workshop 10.4 Public Hearing dates for future projects. 11. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: Wednesdays, 6:30 p.m. — 8:00 p.m. June 28 through August 9, 2006 Sycamore Canyon Park, 22930 Golden Springs Drive Thursday, August, 10, 2006 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive AUGUST 8, 2006 PAGE 6 PLANNING COMMISSION CITY COUNCIL. MEETING: Tuesday, August 15, 2006 - 6:30 p.m. - - - - 1Center SCAQ MD/ Governm ent Auditorium 21865 Copley Drive PLANNING COMMISSION Tuesday, August 22, 2006 — 7:00 p.m. MEETING: SCAQMD/Government Center Auditorium 21865 Copley Drive PARKS AND RECREATION Thursday, August 24, 2006 — 7:00 p.m. COMMISSION MEETING: SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive 12. ADJOURNMENT: MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 11, 2006 Vice Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive,, Diamond Bar, California 91765*. PLEDGE OF ALLEGIANCE: Commissioner Everett led the Pledge of Allegiance. 1. ROLL CALL: - Present: Commissioners Ron Everett, Kwang Ho Lee and Vice - Chairman Steve Nelson. Absent: Commissioner Tony Torng was excused. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; Linda Smith, Development Services Associate, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: I As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of June 13, 2006. C/Lee moved, C/Evereft seconded to approve the minutes of June 27, 2006, as changed. Motion carried by the following Roll Call vote: . 5. OLD BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None 6. NEW BUSINESS: None Everett, Lee, VC/Nelson None Torng JULY 11, 2006 7� PUBLIC HEARINGS: 7.1 Development, Review No. 2006-1 F& No. 2006-07 - In accordance with Sections 22.48, 22.56, and 22.68 of the City of Diamond Bar Development Code, this was a request to construct an addition of approximately 2,163 square feet with patios; balconies approximately 464 square feet, and additional driveway parking to the existing 2,601 square feet legal non -conforming single-family residence including the existing two -car garage. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: , 24418 Top Court Drive Diamond Bar, CA 91765 Himanshu D. and Bhavna H. Tanna 24418 Top* Court - Diamond Bar, CA 91765 DSA/Smith presented staffs report and recommended Planning Commission approval of Development Review No. 2006-12 and Minor Conditional Use Permit 2006-07, Findings of Fact, and conditions of approval as listed within the resolution. DSA/Smith explained to C/Lee and C/Everett staffs application of the City Code to parking spaces and the driveway. C/Everett was also concerned about drainage. DSA/Smith assured C/Everett that the City's Public Works Division and Building and Safety Division would monitor the drainage. CDD/Fong said that more extensive erosion control would be required for projects that commence after October 1 (rainy season) in order to assure that silt and building materials are not allowed to enter the City's drainage system. C/Everett reiterated that he was still very -concerned about the parking exposure for the applicant and the... applicant's neighbors. VC/Nelson opened the public hearing. Pete Volbeda, architect, explained the proposed project: - The entire site drains from the rear of the property to the street and the applicant will submit grading and drainage plans as required by the City. Mr. Volbeda felt that there would be a maximum of four cars parked on the site. C/Everett reiterated that the parking really bothered him. He complimented JULY 11, 2006 PAGE 3 PLANNING COMMISSION Mr. Volbeda on the design of the project. Mr. Volbeda said he read staffs report and concurred with the conditions of approval. VC/Nelson closed the public hearing. C/Lee moved, C/Everett seconded to approve Conditional Use Permit No. 2006-06 and Development Review No. 2006-10, Findings of Fact- and conditions of approval as amended and as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Everett, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Torng 7.2 Development Review No. 2006-20 — In accordance with Sections 22.42 and 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct roof mounted wireless communications facilities and equipment cabinets, as well as various surface mounted antennas on the existing Holiday Inn. The site is fully developed with a multi -story hotel. The subject property consists of 3.5 -acres of land. PROJECT ADDRESS: 21725 E. Gateway. Center Drive (Holiday Inn Select) Diamond Bar, CA 91765 Oak Creek, LTD. Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICANT: Royal Street, LLC Maree Hoeger, Project Manager 350 Commerce, Suite 200 Irvine, CA 92601 Diamond Bar, CA 91765 CDD/Fong reported that in accordance with the applicant's request to continue the project in order to have additional time to provide adequate and appropriate screening for the cell sites, staff recommended that this matter be continued to August 8, 2006. JULY 11, 2006 PAGE 4 PLANNING COMMISSION VC/Nelsonopened the public hearing. There was no one present who wished to speak on this item. C/Evereft moved, C/Lee seconded to continue Development Review No. 2006-20 and Conditional Use Permit 2006-07 to August 8, 2006. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Everett, Lee, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Torng 7.3 Development Review No. 2006-24 and Minor Conditional Use Permit No. 2006-06 - In accordance with Code Section 22.48.020(a)(1), this was a request to construct a first and second story addition of approximately 1,960 square feet to an existing one-story single-family residence of approximately 3,299 square feet including the existing three -car garage. The Minor Conditional Use Permit was a request to maintain the existing five-foot side yard setbacks for the proposed addition. 1456 Redpost Court (Lot 62, Tract 31153) Diamond Bar, CA 91765 Sunil Manaktala 1456 Redpost Court Diamond Bar, CA 91765 APPLICANT: Ramon Sales 2711 Benedict Street Los Angeles, CA 90039 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Development Review No. 2006-24 and Minor Conditional Use Permit No. 2006-06, Findings of Fact, and conditions of approval as listed within the Resolution. CDD/Fong responded to C/Everett that landscaping was addressed on page 8 under Planning Commission Special Conditions of the Resolution. ,JULY 11, 2006 ME' DRAFT PAGE 5 PLANNING COMMISSION VC/Nelson opened the public hearing. Sunil Manaktala, property owner, stated he read staffs report and concurred with the conditions of approval. Mr. Manaktala indicated to C/Everett that he was not aware of any homeowners' association in his area. With no one present to speak on this matter, VC/Nelson closed the public hearing. C/Lee felt this was a very exciting project for the area. C/Lee moved, VC/Nelson seconded to approve Development Review No. 2006-24 and Minor Conditional, Use Permit No. 2006-06, Findings of Fact, and conditions of approval as listed Within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Everett, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Torng 8. PLANNING COMMSSIONER, COMMENTS/INFORMATIONAL ITEMS: C/Lee thanked staff for great reports. C/Evereft thanked the applicants for presenting good projects and being willing to stand behind them. He thanked staff for good reports as always. He wanted staff to follow up on. the "finger" piece of property that belonged to an adjacent property of a project discussed during the last Commission meeting because the landscape was in poor condition and would, in his opinion, readily burn. CDD/Fong assured C/Everett that staff would follow up on his concern. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Fong announced that during a special meeting on Monday, July 10, the City Council appointed Jim DeStefano as the new City Manager effective July 31, 2006. iULY 11, 2006 PAGE 6 PLANNING COMMISSION CDD/Fong asked the Commissioners if they would like to hold a design workshop or appoint two Commissioners toserveas a Design Review Subcommittee for the proposed 99 single-family condominium JCC Homes development south of South Point Middle School. The homes range from 3,200 to 3,600 square feet. Most of the homes are proposed to be three-story. Staff is concerned that this is a product that Diamond Bar has not seen and there are design issues that need to be addressed. During the design workshop such issues as land use, subdivision issues, etc. cannot be discussed. The only discussion point is the design of the project i.e., size of the lots, setbacks and design of the.product and the structure and, whether the builder is creating a "quality" neighborhood. C/Everett felt that all of the Commissioners should be involved. VC/Nelson agreed and felt that potential Brown Act violations would likely be avoided if all Commissioners were involved. His philosophy as an environmental planner is that there are many people to accommodate over the next couple of decades in Southern California and it is his opinion that it is not cost-effective to keep building "out" at the expense of open space and transportation systems. Cities need to begin to look responsibly at alternative housing designs and he agreed with C/Evereft that these types of projects could be done very attractively. If the project accommodates a. need it has value. In addition to having a design workshop it would behoove JCC to provide examples of projects that could be visited by the Planning Commissioners. VC/Nelson said he would have to recuse himself because his company performed the technical biological work on the project. CDD/Fong said that staff agreed- with the comments that if the housing stock is to be increased in Diamond Bar quality and livable neighborhoods must be created in which residents can feel a sense of pride. Staff is seeking consensus on a direction for the project. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. . JULY 11, 2006 PAGE 7 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, VC/Nelson adjourned the meeting at 7:57 p.m. Attest: Respectfully Submitted, Nancy Fong Community Development Director Steve Nelson, Vice Chairman AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: q�l MEETING DATE: August 8, 2006 CASE/FILE NUMBER: Development Review No. 2006-20 & Conditional'Use Permit No. CUP 2006-07 PROJECT LOCATION: 21795 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of plans to install roof and wall mounted wireless communication facilities at the Holiday Inn. PROPERTY OWNER: Oak Creek Limited Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICANT: Royal Street LLC c/o Metro PCS Agent: Maree Hoeger, Core Communications Group 1028 Saga St. Glendora, CA 91741 STAFF RECOMMENDATION: Continue Public Hearing to September 12, 2006 DR 2006-20 & CUP 2006-07 PAGE 1 The proposed project was first presented to the Planning Commission on July 11, 2006. At that time, the applicant requested a continuance in order to examine alternatives screening methods for the equipment. As a result, the Planning Commission continued the public hearing to August 8, 2006. The applicant is requesting another continuance to September 12, 2006. The continuance will give the applicant additional time to obtain the approval of Gateway Architectural Committee which meets in late August, examine design alternatives and prepare plan. On June 28, 2006, public hearing notices were mailed to eight property owners within a 500 -foot radius of the project site. On June 30, 2006, notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune, posted in three public places and the project site was posted with a display board. 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. Pursuant to the applicant's request, staff recommends that the Planning Commission continue the public hearing for this project to September 12, 2006. Fdm�*!!Ml David D. Meyer LDM Associates, Inc. — Planning Consultant Attachment: Correspondence from the applicant dated July 31, 2006. DR 2006-20 & CUP 2006-07 PAGE 2 350 Commerce, Suite #200, Irvine, CA 92602-1302 Phone: 949-730-3100 Fax: 949-730-3200 July 31, 2006 Ms. Nancy Fong Planning Director City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 RE: 21725 E. Gateway Center Drive — Request for Continuance Dear Ms. Fong: On behalf of the applicant, I am requesting that the project be continued to the September 12, 2006 hearing. We are currently working with the Gateway Business Association to receive comments/approval of the project. It will take a month for the Association to process our application. Please feel free to call me at (949) 280-2531 if you have any questions. Sincerely, Maree Hoeger Core Communications Authorized Agent PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL. (909) 839-7030 — FAX (909) 861-3117 — www.CityofDiamondBar.com MEETING DATE: CASE/FILE NUMBER: I APPLICATION REQUEST: APPLICANT: •ITA ,V] W j 11 August 8, 2006 Conditional Use Permit No. 2006-08 and Minor Conditional Use Permit No. 2006- 09 1261 S. Diamond Bar Boulevard To review the operation of the Rendino's restaurant with on-site beer and wine, outdoor dining, and game arcade Diamond Bar/Grand, LLC 2717 West Coast Highway Newport Beach, CA 92663 Richard Kim 3126 Gotera Drive Hacienda Heights, CA 91745 Approve with conditions CUP 06-081MCUP 06-09 PAGE 1 Rendino's is the current name of the 2,848 square feet, second floor restaurant in the shopping center at the southwest corner of Grand Avenue and Diamond Bar Boulevard. The shopping center is on four land parcels of approximately six (6) acres in size with multiple buildings constructed in 1983. A reciprocal parking agreement exists. In 1984 prior to City incorporation, Los Angeles County approved Plot Plan 32185 for the shopping center to have a restaurant with required parking and signage. In October 1984, Los Angeles County approved Conditional Use Permit (CUP) No. 2347-(1) to allow an arcade with more than four games and parking. The findings and conditions reference the pizza restaurant with dining area, kitchen, outdoor dining, and 72 square feet game arcade. A subsequent Plot Plan application approved the on-site beer and wine use. A condition of approval for the CUP 2347- (1) contains a sunset clause that terminated the approval after twenty years. Earlier this year, the business owner Mr. Kim, approached City staff regarding the sunset clause of Los Angeles County's CUP that terminate the approval. As suggested by staff, the business owner agreed to process a new CUP application to establish the uses to run with the land as is allowed citywide so his business would not be impacted by this sunset clause. ANALYSIS: A. Applications and Review Authority (131311VIC 22.56 and 22.58) Diamond Bar Municipal Code requires a Conditional Use Permit for an arcade with more than four games. In addition, outdoor dining and the sale of on-site beer and wine require a Minor Conditional Use Permit. The Planning Commission is the review authority. The City has renumbered the Conditional Use Permit and Minor Conditional Use Permit. The approval of the tow applications as presented with applicable findings and conditions will run with the land and allow the transfer from one owner to another under the same conditions. B. Site and Surrounding General Plan, Zoning, and Uses K GENERAL PLAN ZONE USES SITE C C-3 COMMERCIAL NORTH C C-3 COMMERCIAL SOUTH C C-3 COMMERCIAL EAST RMH R -3,8000-30U RESIDENTIAL WEST IRM RPD 8000 _-----FRESIDENTIAL K C. Conditional Use Permit, Minor Conditional Use Permit 1. Development Standards for the Site -C-3: The following comparison indicates that the proposed project meets the City's Site Development Standards: Development Feature C-3 Zoning District Requirements Proposed (P) or Existing (E) Meets Requirement Minimum Lot Area 10,000 S.F. (E) 61,420 S.F. Yes Existing Building 2,280 S.F. Suite, No change Yes Front yard setback 10 feet landscaped (E) lan10 feet dscaped Yes Side and setback 0 feet (E) 0 Yes Rear setback 0 feet (E) 24 feet Yes Buildin Height Limit --35 -feet-O" (maximum) (E) Under 35 feet Yes .1 Landscaping 15% (E) approximately 12% (in good condition) Legal Nonconforming Parking 290 290 Previously Approved Signs --II Fences and Walls 1.25 SF per frontage. 6 feet SR 01-23 (E) feet Yes -No change Yes 2. Building Design: Architectural Features and Colors: There are no exterior changes to the building. Signage was approved in 2001 and is not expected to change. If necessary, it is by separate permit and will be reviewed by staff. The floor plan of the existing restaurant is Exhibit "A." A staff visit indicates little change from the original approval; however a previous owner was allowed minor adjustments with a Diamond Bar Plot Plan approval in 2001. 3. Site Details: a Landscaping: The project site contains existing landscaping. A site visit indicates that the landscaping is maintained. The plants are green and free of weeds, even though it lacks the required percentage and is legal nonconforming. The owner has added raised beds, above ground planters, and planted pots to increase the landscaping. V b. Parking, Parking Lot Area and Lighting: Previous parking studies for the entire center including Rendinos were reviewed and approved by the Planning Commission in 2003 for the It's a Grind and Cold Stone uses. A site visit indicates the parking lot and lighting are in good shape. A few alligator cracks are beginning to- *forth, but no imrrfe*diate repairs are required. 4. Development Standards for the Business Use: a. Restaurant Use: The restaurant operates as a pizza restaurant and has many families with children visiting regularly. During the children's sport season groups of teams often patronize the restaurant. The booths and tables and chairs are set up for this type of group. In addition to pizza, the restaurant serves pastas, salads, ice cream and soft drinks. b. Hours of Operation: The business is open for patrons from 11:00 a.m. to 11:00 p.m. daily. C. On-site Beer and Wine: Mr. Kim received the transfer of the On - Sale Beer and Wine for Bona Fide Public Eating Place, License Number 41, from the Alcoholic Beverage Control in 2003. It is current until March 31, 2007. d. Outdoor Dining: This use was approved with Conditional Use Permit 2347(1). The outdoor dining area is above the ground level just outside the restaurant. Gates enclose the area. There is an ADA compliant ramp that allows patrons to the second story. There are potted plants, five tables, three umbrellas, and room for pedestrians. With this update, the outdoor dining area is subject to City Standards in Diamond Bar Municipal Code Section 22.48.080(C). The restaurant is in compliance with today's standards. e. Game Arcade: The original CUP 2347(1) approved an arcade with six (6) or more coin-operated games without the requirement to modify the CUP for the addition of more devices. Today the restaurant has 13 coin-operated games. The Los Angeles County Licensing Division monitors these types of uses for the licensing. The game arcade license is valid until April 30, 2007 and the Coin -Operated Phonograph is licensed untiI.September 30, 2006. Diamond Bar Municipal Code requires that a game arcade must be visible immediately upon entrance into the premises where the rd game arcade is a part. This use is visible. Further, the area for the game arcade is less than 50 percent of the floor area. It is an accessory use to the restaurant business. A review with the Sheriffs Department finds that no calls for service were made in the last year, except the three false burglar alarms that came into the station through the alarm system. D. Additional Review The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. In addition, the Los Angeles Fire Department, Los Angeles Health Department, Los Angeles Business License, and Alcoholic beverage Control make periodic inspections for licensing control. E. General Plan, Design Guidelines, and Compatibility with Neighborhood Based on the above analysis, staff finds the proposed applications are compatible with the commercial neighborhood, consistent with the General Plan for commercial uses, meets Municipal Code Standards and the City's Design Guidelines. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site. Notices were 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 legal notices were posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e) -Administrative changes to an existing structure. 5 Staff recommends that the Planning Commission approve Conditional Use Permit No. No. 2006-08, Minor Conditional Use Permit No. 2006-09, Findings of Fact, and conditions of approval as listed within the attached resolution. Prepared by: Linda Kay Smith Development Services Associate Nancy Fong, AlCr' Community Devetipment Director ATTACHMENTS: 1. Draft Resolution of Approval; 2. CUP 2347(1); 3. Aerial; 4. Exhibit "A" — Floor Plan dated August 8, 2006. GACommunity Developmentlinda Smith\PLANCOMM\PROJECTS\CondiflonaI Use Permits\06-08 -1261 S Diamond Bar- Rendinos extend CUP\Report CUP06-08-MCUP06-09 update CUP -1261 DB-Rendinos.doc M. DRAFT ATTACHMENT "I" PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2006-08 AND MINOR CONDITIONAL USE PERMIT NO. 2006-09 FOR RENDINO'S RESTAURANT WITH OUTDOOR DINING, GAME ARCADE, AND ON-SITE BEER AND WINE LOCATED AT 1261 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA 91765. A. RECITALS. 1. The property owner, Diamond Bar/Grand, LLC and applicant, Richard Kim, filed an application to review Conditional Use Permit No. 2347-(1) issued by Los Angeles County and to issue a new Conditional Use Permit No. 2006-08 and 'Minor Conditional Use Permit No. 2006-09 for the existing pizza restaurant with outdoor dining, game arcade, on-site sale of beer and wine, and to establish the uses to run with the land for the property located at 1261 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. 2. Public hearing notices were mailed to property owners within a 700 -foot radius of the project site. Notices were published in the San Gabriel Valle Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. 3. On August 8, 2006, the Diamond Bar Planning Commission 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. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planninq ,Commission that the ' project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) Of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The existing commercial shopping center is regional commercial uses and is on four land parcels of approximately six (6) acres in size with multiple buildings constructed in 1983. A reciprocal parking agreement exists. Rendino's is the current name of the 2,848 square feet, second floor restaurant in the shopping center at the southwest corner of Grand Avenue and Diamond Bar Boulevard. (b) The project site has a General Plan land use designation of General Commercial (C) and the zone is Regional Commercial, C3. (c) The following zones and uses surround the project site: to the north and south are Regional Commercial C-3 zone and commercial uses; to the east is R-3, 8,000 zone and multi -family residential uses; and to the west is RPD 8,000 zone and single family residential uses. (d) The Application requests review of the existing Conditional Use Permit for the existing pizza restaurant with outdoor dining, game arcade, on-site sale of beer and wine, and to issue a new Conditional Use Permit and Minor Conditional Use Permit with uses to run with the land. CONDITIONAL USE AND MINOR CONDITIONAL USE PERMITS (e) The game arcade, outdoor dining, and on-site consumption of beer and wine as accessory uses for a restaurant are allowed within the subject zoning district with approval of a Condition Use and Minor Conditional Use Permits and complies with all other applicable provisions of this Development Code and the Municipal Code. Pursuant to Diamond Bar's Development Code, Chapter 22.10: Table 2-6, the proposed game arcade, outdoor dining, and on-site consumption of beer and wine are permitted in the C-3 Zone with the K review and approval of Conditional Use and Minor Conditional Use Permits. As conditioned, the proposed use will comply with all other applicable provisions of the Development Code. The proposed use is consistent with the General Plan and any applicable specific plan. The project site's land use designation is General Commercial (C). It provides for regional, freeway oriented, and/or community retail and service commercial uses. The, proposed project is considered a service use and as such is consistent with the General Plan. There is no applicable specific plan. (g) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed project will not alter the physical appearance of the existing commercial site. The uses are in the existing restaurant previously approved by Conditional Use Permit No. 2347(1) issued by Los Angeles County. Operating characteristics are compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use and Minor Conditional Use Permits process. (h) 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 uses exist since the early 1980's under the Los Angeles County issued CUP 2347(1). The uses operate as accessory uses to the existing restaurant and agency approvals and no intensification is anticipated. A review of Sheriff service calls indicates only three false burglar alarms from their system were called in for the, last year. The project site *contains an adequate number of parking spaces needed for the proposed uses and other tenants as required by Table 3-10 of the Development Code. The subject site is physically suitable for the type and density/intensify of uses being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (i) Granting the Conditional Use and Minor Conditional Use Permits will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. 91 Various State and County agencies and Diamond Bar Development Divisions review the uses and operational conditions listed within this resolution. The granting of the Conditional Use and Minor Conditional Use Permits will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district which the property is located. 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), the City has determined that this project is categorically, exempt, Section 15301. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following and attached Standard Conditions: (a) The Applicant shall comply with the requirements of the State Department of Alcoholic Beverage Control; the Los Angeles County Health Department, the Fire Department, and Los Angeles County Business License Department. The Applicant shall be in compliance with all requirements of said agencies at all times and receive all approvals and licenses. (b) School age children shall not be allowed to operate arcade games during school hours unless accompanied by a parent or adult guardian. 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 Diamond Bar/Grand, LLC, Diamond Bar/Grand, LLC, 2717 West Coast Highway, Newport Beach, CA 92663 and Rendino's, Richard Kim, 3126 Gotera Drive, Hacienda Heights, CA 91745. APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2006, BY THI *LANNING COMMISSION OF THE CITY OF DIAMOND BAR. 13 Steve Nelson, Vice -Chairman Ell 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 8th day of August, 2006, by the following vote: AYES: COMMISSIONERS: NOES: ABSENT: ABSTAIN: ATTEST: Nancy Fong, AICP, Secretary GACommunity Developmentlinda Smith\PLANCOMM\PROJECTS\ConditionaI Use Permb\06-08 -1261 S Diamond Bar-Rendinos extend CUP\Reso CUP06-08 MCUP 06-09 update CUP -1261 DB-Rendinos.doc 5 COMMUNITY DEVELOPMENT risT:7��� STANDARD CONDITIONS USE PERMITS -COMMERCIAL PROJECT #: CUP 2006-08 AND MCUP 2006-09 SUBJECT: UPDATE CONDITIONS FOR RESTAURANT WITH OUTDOOR DINING, GAME ARCADE, AND ON-SITE BEER AND WINE - APPLICANT: RICHARD KIM LOCATION: 1261 S. DIAMOND BAR BOULEVARD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of CUP 2006-08/MCUP 2006-09 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 IS, 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 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 CUP 2006-08/MCUP 2006-09(s), 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. insert after hearing, 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 10. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 B. TIME LIMITS The approval of CUP 2006-OBIMCUP 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. C. 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" including: floor plans 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 and Minor Conditional Use Permits 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 Permits. 3. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 4. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 5. Hours of operation: Days and hours of Daily -11:00 a.m. to 11:00 P.M. Operation D. LANDSCAPE 1. Landscape for the outdoor dining pots shall be maintained. 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 9 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. 3. Trash receptacles are required and shall meet City standards for the outdoor dining use. 1. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 2. All restaurants shall be equipped with grease interceptors. 3. All food establishments shall obtain County health and environmental waste permits. 4. Separate permit shall be required for all wall and monument signs" and shall be noted on plans. ARE 0 THS DEFARrM—_-T;T OF REGIONAL FLANNIN3 C 4TY OF LOS ANGELES 3:--0 West Temple Street Los kngeles, CA' 90022 NOTICE OF PUBLIC FEARING CONDITIONAL USE PERMIT CASE NO. PA2347-(1) This is to inform you of a public hearing concerning a request for a Conditional Use Permit to provide an arcade, consisting of 6 video games, within an existing pizza restaurant. The subject property is Iccated at 12051 Diamond Bar Boulevard, Diamond Bar, and is within the C-3 (Unlimited Commercial) Zone of the San Jose Zoned District of Los Angeles County. DATE OF HEARING: _Tuesday, October 9, 1984 TIME OF HEARING: 9:00 a.m. LOCATION OF HEARING: ROO.-' 250 of the HALL OF RECORDS 320 W. Temple St., Los Angeles, CA FACTUAL REPOR .7 an d ENVIRONMENTAL DATA: Will -be available beginning 9/29/04, at the following -County Offices: NOTE: This case does not affect the zoning of your property. if you are unable to atte.-,d the public hearing but wish to send written comments, please send them to the Department of Regional Planning at the above address, Attan.Ion: Mr. Dale Hall. if you desire additicna.' informaticn, please contact Mr. Hall at 974-6446. CONDITIONAL USE PERMIT - SE NO. 2347-(1) ZONING BOARD HEARING DATE: October 9, 1984 PROCEDURE BEFORE THE BOARD: The applicant testified in favor of a request to operate a game arcade of six (6)machines as an accessory use to an existing pizza restaurant within a neighborhood shopping center. The Board received two (2) letters in opposition. However, there was no testimony in opposition during the public hearing. fINDINGS: 1. The applicant filed this request to operate a six (6) machine game arcade, within a 72 .sq�ua-r—•f eoot game room area, * as an accessory use to an exis.ti 2848 square foot pizza restaurant. 2. the restaurant is on a 1.84 acre site, developed as a neighborhood shopping center and located at 1261 Diamond Bar Boulevard, Diamond Bar. 3. The subject property is.zoned C-3 (Unlimited Conmercial)—A----•, Conditional Use Permit is required to maintain five (5 ormcre arcade game machaTines. The pizza restaurant is p� erma -e _us -e in this zone. 4. The rrea neighboring west and southeast of the subject property is residentially developed except for two shopping centers. Two pizza restaurants, with one edntaining four (4) arcade games, are located in each of the two adjacent shopping cenCers (10 and •24 shops) to the east and northeast. No schools or other game arcades are located within 700 feet of the subject property. 5. Access to the subject property is provided via South Grand Avenue and Diamond Ba:- Boulevard, both major highways with 100 and 200 foot right-cf-ways respectively. (/ 6. 228 aff-street parking spaces, including 52 spaces for the, requested use are required for the entire shopping center. 288 parking spaces are provided.b'� 7. The subject property is deisgnated "Major Commercial" and "Mixed Commercial" in the County -wide General Plan and the Diamond Bar Community Plan respectively. The requested land use is consistent with these cladsifications. 0. An Initial Study was prepared on this project in compliance with the Stat CEQA Guidelines and the environmental reporting procedures of the County of Los Angeles. It was determined that this project will not exceed the established threshold criteria for any environ- mental/service factor ard, as a result, will not have a significant effect on the physical environment. CONDITIONA USE PERMIT CP - NO. 2347-(1) Page 2 BASED ON THE FOREGOING, THE ZONING BOARD CONCLUDES THAT-. A. Granting the proposed conditional use pe'rmit with the conditions and restrictions hereinafter mentioned will not be in substantial conflict with any general plan adopted for the area. B. The -requested use at the location proposed will not adversely effect the health, peace, comfort or welfare of persons residing or working in the surrounding area, and will not be materially detrimental to the use, enjoyment, or valuation or property of other persons located in the vicinity or the site, and will not jeopardize, endanger, or othcrwise.con- stitute a menace to the pub1ci health, safety or general welfare. C. The proposed site is adequate in size and shape to accom- modate the yards, walls, fences, parking and *loading facilities, landscaping and -other development features prescribed in the Ordinance, and as is otherwise required in order to integrate said use with the uses in the surrounding area. D. The proposed site has adequate traffic access and said site is adequately served by other public or private service Facilities which it requires. THE ZONING BOARD RECOMMENDS: 1. That the ReGional Planning Commission approve the negative declaration for the project, certify that it has reviewed and considered the environmental information contained in the initial study for the proposed project and determine that the proposed project will not have a significant effect on the environment. Z. That this permit be GRANTED subject to the attached conditions. ZONING BOARD MEMBERS CONCURRING: Chairman: Mr. LeFcoe Commissioner; Mrs. Murphy Senior Staff Member: Mr. HutLingcr County Counsel percent: None CONDITIONAL USE PERMIT r•SE NO. 2347-(1) CONDITIONS 1. This permit shall not be effective for any purpose until the applicant and the owner of the property involved, or his _duly authorized representative; have filed at the cffice of the Department of Regional Planning, their affidavit stating that they are aware of, and agree to accept, all of the conditions of this permit; 2. It is hereby.declared to be the Commission's intent that if any provision of this permit is held or declared to be invalid, the permit shall be void and the privileges granted hereunder shall lapse; 3. It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is. violated, the permit shall be suspended and the privileges granted hereunder shall lapse; provided that the applicant has been given written notice to cease' -such violation and has failed to do so for a period of thirty (30) days; 4. All requirements of the Zoning Ordinance -and of the specific zoning of the subject property must be complied with unless otherwise set forth in the permit or shown an the approved plot plan; 5. The subject property shall be developed and maintained in sub- stantial compliance with the plot plans on file which are marked Exhibits "A" and "B". In the event that subsequent revised plot plans are submitted the written authorization of the property owner is necessary; 6. All structures shall conform with the requirements of the Division of Building and Safety of the Department of County Engineer; 7. The subject' .rac nity shall be developed and maintained in compliance with the requirements of the Los Angeles County Department of Health Services. Adequate water and sewage facilities shall be prodded to the satisfaction of said Department; S. All outdoor lighting shall be oriented, placed or shielded so as to prevent any illumination thereform on adjacent residences. At least one person, ages 21 or over, shall be an the premises to provide supervision during operating hours. 9. School age children shall not be allowed to operate arcade games. during school hours unless accompanied by a parent or adult guardian; 10. There shall be no amplified sound or music in the outside dining area. Interior amplified sources, including the arcade games, shall be modulated or otherwise controlled so that they are fully confined inside the restaurant. 11. Regional Planning Commission approval, the grant will expire. (A one-year time extension may be requested prior to such expiration date.); CONDITIONAL USE PERMIT r%SE NO. 2347-0) CONDITIONS Page 2 This grant will expire twenty years from the date off approval; -L - L L y part of is facility 13. In. the event that tfi-e --op,!r-;-t-i-o-n-o-T any this should result in substantial complaints to the Department of Regional Planning, or the Regional Plenning Commission, the above described conditions mayzlbe modified if, after a duly advertised hearing by tht Regi -oval Planning Commission, such modification is deemed appropriate in order to eliminate or reduce said complaints. SO. Fr. e ipropo :Occupant .Load OccupantOccupant :"d I zed rd it rZAM Roan Y.&) X42153 Co Q0 eK KWIMUM OCCUPAN'T IDAL) 4 FOR DESIGN PURPOSES TULkL S.D.fB 194 - DETERMINED BY COUNTY EX-114EEK* • 0 be ccwr.pleted by Gaunty Znga-neer A?FFC%'AL MXF The submitted plans have been reviewed and the assembly mcuplant load determined as; indicated above. This de— termination is for proposed'�rking require-,ents only and does nor f--xenpt the Applicant from Cm?liance with sole -Y wwom any plancheck, permit or inspec-tion requirements under ATf ROVEL county Ordinance Signed 'JUNO 6 1. Title PLA4 CAE=:L-A I Date -6, rhit voll 61,211 111,"7 o., %-011 110.1 MUST N krat an 01 ob 31 *1 llf"3 11 1 Is U—jm-ul I. " Return one copy of this signed fam and ow sir It on serry, r.unly of W Anr. 4 1 - nq 115"Co"I I,,,. V34 L-..- �� Exhibit A to Fegi"l illarming. of 3 vq�rcffjr.— to tw oft,*1 Of ft Mel V. J,., FW,%*, wnr- oku pc* OGT.' 82 SAULT A-1 a2_ I & Parking_ Analysis A. Spaces Required for 1,600 sq. Lt- Pizza parlor Dining Area = Z.500 sq. ft. 45 sq. ft. = 55.55 Kitchen Area = 1.750 sq. ft. 400 sq. ft. 4.375 Gaming Area 350 sq.- ft. 21 sq, ft. = 16.66 4,600. sq. ft. = 60.1 sq. ft. 16.585 spaces B. Spaces Required with 68,485 sq. ft. of Retail Plus 4,660 sq. ft. Pizza Rest. 68,485 sq. ft. — 400 sq. ft. per space = 172.00 spaces 4,600 sq. ft. Go sq.. ft. per space = 7 7. 00 spaces (see A above) 249.00 spaces C. Spaces shown on site plan '88 spaces Spaces required by County (B) x:49 spaces Over Parked 39 spaces T"Vo A L U er.KMIT c'847 ;cf -rqA4il > tll� A4 l EXHIBIT "N' CUP 2006-08/MCUP 2006-09 1261 S. DIAMOND BAR BL. AUGUST 8, 2006 jUI,1-13-2006 01:36P FROII: --'13235891574 P.4 TOWNE CENTRE VILLAq,! E Diamohd Bar,- California D 15 C ALSEAT_qo,V�sr S H ]OPS 70' DIAMOND BAR BOULEVARD 65''ii1flIffiG H Handicap Parking Stall 280 - Parking rkin g* Stalls -Handicap Access Ramp 11 - Handicap Parking Stalls TOTAL - 290 Parking Stalls- 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: August 8, 2006 CASE/F11LE NUMBER- Development Review No. 2005-38 PROJECT LOCATION: 2707 S. Diamond Bar Boulevard, Diamond Bar, CA 91765 (APN: 8285-020-004 and 8285-020-005) APPLICATION, REQUEST: To construct two new cupolas with concealed roof -top antennae for.a wireless telecommunications facility; an exterior equipment.cabinets at the rear of the building behind a new wall with overhead lattice structure; and additional perimeter wrought iron fence. PROPERTY OWNERS James H. and Lynette Ann Martindale, 1340 E. Route 66, Glendora, CA 91740 APPLICANT: T -Mobile, 3 Imperial Promenade, #1100, Santa Ana, CA 92707 APPLICANT'S AGENT: Trillium, John Austin, 5912 Bolsa Avenue, #202, Huntington Beach, CA 92649 STAFF RECOMMENDATION: Approve with Conditions Property owners, James H. and Lynette Ann Martindale, and applicant, T -Mobile, filed Development Review No. 2005-38 for the approval of plans to construct two new cupolas with concealed roof -top antennae for a wireless telecommunications facility. The request also includes the exterior equipment cabinets at the rear of the building behind a new wall with overhead lattice structure and additional perirrieterwrough t iron fence. T -Mobile USA is a national provider of wireless voice, messaging, I and data services based. in Bellevue, Washington. The commercial site is on the corner of Diamond Bar Boulevard and Fountain Springs Road and is two lots that form a square. The commercial site totals 22,207 square feet (.51 acre) in size. The existing two-story commercial office building was approved and completed in 1990. A. Applications/Review Authority (DBMC 22.42, 22.48, Section 22.16.060(b)) The concealed antennae qualify for an Administrative Development Review. However, the construction of the new cupolas, the new equipment shelter, the new fencing requires a Development Review application -where the Planning Commission is the reviewing authority. The total height of the building with the new cupola is 40 feet, which is 5 feet more than the maximum height of 35 feet. The Development Code allows architectural projection such as cupolas to be extended above the height limit. B. Site and Surrounding General Plan, Zoning, and Uses C. Development Review The City's development standards for wireless telecommunication antenna facilities were adopted in 1999 to insure the design and location of telecommunication facilities and equipment are consistent with the General Plan, other Municipal Code Sections, and that the use's aesthetic appearance be unobtrusive and unsightly to protect property values. Telecommunication, facilities are location dependent and based on technical DR 05-38 PAGE 2 GENERAL PLAN ZONE USES SITE OP OP COMMERCIAL. NORTH RLM R-1-7,500 RESIDENTIAL SOUTH RR R-1-20000 RESIDENTIAL JEAST IRR R-1-20000 RESIDENTIAL I WEST 1C C-2 COMMERCIAL C. Development Review The City's development standards for wireless telecommunication antenna facilities were adopted in 1999 to insure the design and location of telecommunication facilities and equipment are consistent with the General Plan, other Municipal Code Sections, and that the use's aesthetic appearance be unobtrusive and unsightly to protect property values. Telecommunication, facilities are location dependent and based on technical DR 05-38 PAGE 2 requirements: terrain and line -of -sight interaction with existing public utilities. As a mobile unit moves from one area to another with a call in progress, the call is "handed off' to the next repeater station. According to the applicant, the chosen site provides the maximum coverage and efficient operation of the system based on their gird and surrounding land uses. 1. Development Standards The following comparison indicates that the proposed project meets the City's nP_\/PInnrnPnt.qt.qnriPrri.q- Development Feature DBIVIC 22.42.130(h) Proposed' Meets Required Architectural Integrated with design and Cupolas match existing roof & Yes Integration color stucco Screened to mitigate adverse Cupolas, equipment structure, Screening visual impacts and W.1 fencing to match Yes existing Structures -Maximum height Equipment structure with Base Stations 13 feet, screened from public trellis is 8'8" and CMU wall Yes view and compatible with matches existing site walls color and design with color and design Underground Utilities for connection cables either underground or in Equipment structure Yes Utilities protective structure Landscaping For screening None- anticipated N/A Where applicable -Fencing, anti -climbing devices, Elevated ladders, rooftop Security elevated ladders, and installation, enclosed Yes monitoring to prevent equipment with fencing unauthorized access and vandalism Materials shall not reflect or RF Material stucco and roof Finish cause glare and must blend has no glare and matches the Yes with surrounding materials existing stucco and roof the and colors Fencing Decorative treatments No Wrought Iron replacing chain Yes razor/barbed wire link Artificial lighting limited to Condition for Lighting safety & security lighting per None Proposed future use DBMC standards Shall not bear advertising See Signage devices. Allows certifications, None Proposed Condition for warning and seals future use The applicant & property See Co -Location owners must consent to None Proposed Condition for future co -location future use 2. Site Details: The equipment is located outside in the rear of the building since no interior suites are available. The applicant is enclosing it in a block wall with trellis DR 05-38 PAGE 3 atop for architectural treatment. Wrought iron replaces the existing chain link fence. 3. Building Design -Architectural Features and Colors: The proposed faux roof the and stucco fagade match the existing building's elevator cupola. New trim fascia painted to match the building is being added to the existing building's roofline at the rear. Also, the cupolas are compatible with the new Country Hills Town Center approval. An approval condition requires that the roof and fagade be reviewed by the applicant every five years or as requested in writing by the City to match the existing building. This is to avoid any property maintenance deterioration if the RF transparent materials and standard roofing and stucco materials do not weather the same. 4. Facility Details: The applicant's proposed unmanned development and use will be in operation twenty-four (24) hours a day, seven (7) days a -week, with monthly routine maintenance. If required for power outages, a portable generator hook-up is being installed. The noise level of this generator is a condition of approval. The facility encompasses 12 antenna divided into three (3) sectors of four each inside the new cupolas. 5. FCC Guidelines: FCC documentation is required for this project and is a condition of approval. These types of telecommunications projects are generally categorically excluded due to the unlikeness to cause exposure in excess of the FCC's guidelines or being found to be detrimental to the public.health, safety or welfare of the community. D. Additional Review The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. E. General Plan, Design Guidelines, and Compatibility with Neighborhood Staffs review finds the proposed application is compatible with the commercial neighborhood, consistent with the General Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. DR 05-38 PAGE 4 Public. hearing notices were mailed to property -owners within a 500 -foot radius of the project site. Notices were 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 legal notices were posted at the City's designated community posting sites. The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(b) -addition to existing stru ctu re. Staff recommends that the Planning Commission approve Development Review No. 2005- 38, Findings of Fact, and conditions of approval as listed witKin the attached resolution. Ord'pared by:/SL —. Linda Kay Smith Development Services Associate Review -?d by Nancy Fong, Icp_""'/ Community Development Director ATTACHMENTS: 1. Draft Resolution of Approval; 2. Photo Simulations; 3. Aerial; 4. Exhibit "A" - Title Sheet, Site, Site/Antennae/Equipment Layout Plan, Elevations, Details, and Survey dated August 8, 2006. GACommunity Developmentlinda SmithTLANCOMPROJECTSOR 2005\DR 2005-38 2707 Diamond Bar -T -Mobile -Wireless inside new cupolas\Report DR 05-38 2707 Diamond Bar-T-Mobile.doc DR 05-38 PAGE 5 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-38 AND CATEGORICAL EXEMPTION 15301(b), A REQUEST TO APPROVE PLANS TO CONSTRUCT TWO NEW' CUPOLAS WITH CONCEALED ROOF -TOP ANTENNAE OF A WIRELESS TELECOMMUNICATIONS FACILITY THAT INCLUDES EXTERIOR EQUIPMENT CABINETS AT THE REAR OF THE BUILDING BEHIND A NEW WALL WITH OVERHEAD LATTICE STRUCTURE AND ADDITIONAL PERIMETER WROUGHT IRON FENCE. THE PROJECT SITE IS ASSESSOR PARCEL NUMBERS 8285-020-004 and 8285-020-005, 2707 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CA 91765., A. RECITALS 1. The property owners, James H. and Lynette Ann Martindale, and applicant, T -Mobile, filed Development Review No. 2005-38 application for a property at 2707 S. Diamond Bar. Boulevard (APN: 8285-020-004 and 005), Diamond Bar, . Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notices were 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 legal notices were posted at the City's designated community posting sites. 3. On August 8, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 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 Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(b). DRAFT ATTACHMENT "'I" 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The commercial site is on the corner of Diamond Bar Boulevard and Fountain Springs Road and is two lots, Assessor Parcel Numbers 8285-020-004 and 8285-020-005 forming a square. The commercial site totals 22,207 square feet (.51 acre) in size.,The existing two-story commercial office building was approved and completed in 1990. (b) The General Plan Land Use designation is Office Professional (OP) The project site is zoned Office Professional (OP). (c) To the north is residential use, Zone R-1-7,500; to the south and east is residential use, Zone R-1-20,000; and to the west are Commercial uses, Zone C-2. (d) The Application requests approval of plans to construct two new cupolas with concealed roof -top antennae for a wireless telecommunications facility. The request also includes the exterior equipment cabinets at the rear of the building behind a new wall with overhead lattice structure and additional perimeter wrought iron fence. (e) The design and layout of the proposed development is consistent with the applicable elements of the C ' ity's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g.- Y theme areas, specific plans, community plans, boulevards or planned developments). On July 25, 1995, the City adopted its General Plan. The proposed project complies with the General Plan land use goals, objectives and strategies. The project site is an existing building and the proposed unmanned telecommunications facilities are mounted within two new FA DRAFT ATTACHMENT "1" cupolas and the exterior equipment is hidden from view by a block l I walwith overhead trellis. The RF transparent replacement roof the and stucco materials match the existing building. This application is architecturally concealed antennae and therefore continues to be consistent with the General Plan, City's Municipal Code, and Design Guidelines and there are no architectural criteria for special areas. 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 an existing building and the proposed unmanned telecommunications facilities are mounted within two new cupolas and the exterior equipment is hidden from view by a block wall with overhead trellis. The RF transparent replacement roof the and stucco materials match the existing building. The application is architecturally concealed antennae and will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The project site is an existing building and the proposed unmanned telecommunications facilities are mounted within two new cupolas and the exterior equipment is hidden from view by a block wall with overhead trellis. The RF transparent replacement roof the and stucco materials match the existing building. The application is architecturally concealed antennae and will continue to be compatible with the characteristics of the surrounding neighborhood and continue to maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. (n) The architectural 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 site is an existing building and the proposed unmanned telecommunications facilities are mounted within two new cupolas and the exterior equipment is hidden from view by a block wall with overhead trellis. The RF transparent replacement roof tile and stucco 3 DRAFT ATTACHMENT "'I" materials match the existing building. The application is architecturally concealed -antennae and will continue to 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. (o) 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 set forth in the approving resolution; the Building and Safety Division; the Public Works Division; the Fire Department requirements; and FCC approval. 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. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(b). 4. Based on the findings and conclusions set forth above, the Planning D Commission hereby approves the Application subject to the attached Standard Conditions: 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 James H. and Lynette Ann Martindale, 1340 E. Route 66, Glendora, CA 91740; Applicant, T -Mobile, 3 Imperial Promenade, #1100, Santa Ana, CA 92707; and Agent, Trillium, John Austin, 5912 Bolsa Avenue, #202, Huntington Beach, CA 92649. DRAFT ATTACHMENT 1" APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Vice Chairman 1, 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 8th day of August 2006, by the following vote: AYES: Commissioners: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Community Development Director GACommunity DevelopmentUnda SmithTLANCOMPROJECTSTR 2005\DR 2005-38 2707 Diamond Bar -T -Mobile - Wireless inside new oupolas\Reso DR 05-38 2707 Diamond Bar-T-Mobile.doc 9 DRAFT ATTACHMENT "i" COMMUNITY DEVELOPMENT rill AXIA livi I ZRI k ............ W PROJECT #: DEVELOPMENT REVIEW No. 2005-38 SUBJECT: Telecommunications Facility APPLICANT: T Mobild USA LOCATION: 2707 S. Diamond Bar Boulevard ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. 17411al-PIEN111ma -1120- —01 MIZIM91 INKISIT01 IlIfftstioUl 111] 19 LOU 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 DR 2005-38 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. (c) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of a 91 DRAFT ATTACHMENT "l 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 PR 2005-38, 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, project shall obtain a Diamond Bar approval for those businesses located and contractors associated with this Business Registration and zoning in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. insert after hearing, 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 10. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 1 Applicant shall paydevelopmentfees (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 N DRAFT ATTACHMENT "1" 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 The approval of DR 2005-38 shall expire within two years from the date of approval if the use has not been exercised as defined p er 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. 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" including: site plans, architectural elevations, exterior materials and colors, details, and survey on file in the Planning Division and the conditions contained herein. 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. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits for lighting. Such a plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 4. Applicant shall comply with the City's noise standards for any temporary . generator use. 5. All roof mounted equipment shall be screened from public view. 6. The CMU wall shall be decorative materials approved by the Community Development Director. 7. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly �-V DRAFT ATTACHMENT "l " appearance. All graffiti shall be removed within, 72 hours by the property owner/occupant.. gonewial= 1. 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. 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. 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 F * ire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. Proposed cable installed on the exterior building wall shall be flashed, . painted or treated to match the existing building and equipment. 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 M DRAFT ATTACHMENT "'I" drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. This project shall comply with the energy conservation requirements of the State.of California Energy Commission. 6. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path. of travel, etc. 7. Separate permit shall be required for all walls, fences, and accessory structures. 8. 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 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. 9. The project shall be protected by a construction fence and shall comply with . the NPDES & BMP requirements (sand bags, etc.). 10. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 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. 10 J FIT F -q N C14 o cm 1! c �,a 0 G) 94 c N003 cn. O:q C:) 0 0) Z 0 03 5! 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Z q A a$gSb� pglp � =�. pPEy D N RIS !O !!loon � Rhj ppppp yy�� RFtg:R �5 u W N qq g HIP g 22 till PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 8.3 MEETING DATE: August 8, 2006 CASE/FILE NUMBER: Development Review No. 2006-23, Conditional Use Permit No. 2000-03(2) PROJECT LOCATION: 23555 Palomino Drive, Diamond Bar, CA 91765 (APN: 8281-024-053, Lot 2, Parcel Map 2757) APPLICATION REQUEST: To add an adjoining 1,200 square feet retail suite to the existing Montessori Elementary School and Child Care Center for a total 7,730 square feet A -P Diamond Bar L.L.C., 310 Golden Shore #300, PROPERTY OWNERS: Long Beach, CA 90802 Diamond Bar Montessori Academy, C/O Ticie E. APPLICANT: Licato, 424 E. 9th Street, Upland, CA 91786 STAFF RECOMMENDATION:Approve with Conditions DR 06-23, CUP 2000-03(2) PAGE I Property owner, AP Diamond Bar, LLC., and applicant, Diamond Bar Montessori Academy, Tige E. Licato, filed Development Review No. 2006-23 and Conditional Use Permit No. 2000-03(2) for the plan approval to add 1,200 square feet to the Montessori Elementary School and Child Day Care Center., Interior tenant improvements will connect the new space with the existing school. The site is a commercial center on Palomino Drive off Diamond Bar Boulevard behind the Chevron station. It is an irregular shape of 3.3 acres (144,619 SF) in size. The commercial center was built in 1980 prior to City's incorporation, and contains professional office, restaurants with alcohol sales, personal care services for hair/nails, and the Montessori school and child day care center uses. On August 8, 2000, the Planning Commission approved the original Conditional Use Permit (CUP) No. 2000-03 to allow the Child Day Care Center and Montessori private school for children ages 2-11 totaling 5,500 square feet. On August 29, 2000, the Director approved a Minor Variance No. 2000-03 to reduce the required parking from 120 to 114 spaces based on the findings of a shared parking study as required by the Planning Commission. On August 12, 2003, the Planning Commission approved a modification of the above 2000 permit to add 1,300 square feet from an adjoining retail suite for the Montessori elementary school use and to convert the existing elementary classroom use to child day care use totaling approximately 6,738 square feet. ANALYSIS: A. Applications/Review Authority (DBMC 22.48 and 22.66) Diamond Bar Municipal Code requires a Development Review for the substantial change from retail use to private school use and a modification to the previous Conditional Use Permit to expand the day care and school use. The review authority for both applications is the Planning Commission. B. Site and Surrounding General Plan, Zones, and Uses DR 06-23, CUP 2000-03(2) PAGE 2 GENERAL PLAN ZONE USES SITE C C-2 COMMERCIAL NORTH FREEWAY NONE FREEWAY SOUTH C C-3 COMMERCIAL EAST RLM R-1-8000 RESIDENTIAL WEST Ic C-3 COMMERCIAL DR 06-23, CUP 2000-03(2) PAGE 2 C. Development Review/Conditional Use Permit 7. Development Standards The following comparison indicates that the proposed project meets the City's Development Standards: 1( ment I Development evve 0 p [Minimum G-2 Zoning District Proposed (P) or ets Meets Meets Feature Requirements Existing (E) Requirement ;Legal Area Lot Area L20 6,000 S.F. (E) 144,619 SF Yes Yes 11 Existin Building xi ti u �d i �n 1,200 S. F. Suite No change Yes Yes Front yard setback 20 feet landscaped (E) 17 feet landscaped Legal e a� nonconforming_ "u"' n � b ttin residential ')U"' - Legal ra�'9 Side yard setback Side yard Si: :Rear 10 (E) 8 ;I;N;on Nonconformi abuttin residential a:bu ttin setback 0 feet (E) 24 feet Yes Building Height Limit 35 feet -0" (maximum E) One story -Yes sc Land ! a in 15% E) 15%.... Yes Parking -Minor Previously 000_1 1 Variance 2000-11 118 114 Approved aroved Separate permit Signs Signs 1.25 SF per frontage 16 SF proposed required b B/S Fences and Walls ces 6 feet 6 feet Yes - a. Legal Non -conforming Status: The shopping center does not meet current side and front setbacks requirements and has legal nonconforming status. This means it was developed legally prior to the City's Development Code adoption in 1998. No further nonconformity is anticipated. b. Hours of Operation/Number of Employees: The child day care center and Montessori school operates from 6:00 a.m. to 6:30 p.m. Monday through Friday. Special event operating hours will be reviewed and approved by the Planning Division. The number of employees is 13. C. Development Standards for Private Schools and Playgrounds: The proposed use will occupy approximately 1,200 square feet adjacentto the existing 6,300 square feet school and child care suites. With the proper DR 06-23, CUP 2000-03(2) PAGE 3 approvals, a new opening will be made to provide access and' entrance through the existing school's front entry. Emergency exit will be through the rear. The proposed suite's exterior front door will be locked. The playground fence will be moved to encompass the new suite. The. child- day care licensing standards require 35 square feet per child for indoor play space and 75 square feet per child of outdoor play space, and one - toilet and one sink for every 15 children. The previous Fire Department and Planning Commission approvals allowed total occupancy of 104, equating to 98 children and six teachers. With the addition of 1,200 square feet of space, the number of children and teachers will increase by 24. Two new bathrooms are proposed. The application meets Diamond Bar standards. 2. Site Details: a. Play Yard Fence: The existing chain link fence in the rear will be relocated to include the 1200 square feet suite. The site fencing is consistent with the Development Code requirements regarding visibility, controlled entry, and setbacks. b. Outdoor Play Lot: The existing and added area for the playground is approximately 7,800 square feet. The State's requirement for a child day care facility play lot is 75 square feet per child. Based upon this requirement 90 children can be on the playgrounds at one time. The attached playground schedule indicates that children of different ages will not be sharing the play areas at the same time. C. Parking, Parking Lot Area and Lighting: A Minor Variance No. 2000- 11 was approved for the shopping center to reduce the required parking from 120 to 114 spaces. The approval was based on a shared parking study, which demonstrated that various businesses have varying peak hours of operation. The existing professional offices do not require parking during the early morning or early evening pick up and drop off times needed by the Montessori uses. With the conversion of the 1,200 square feet suite to school use, three spaces are required versus five spaces for a retail use. Parking continues to be per the approved Minor Variance. There are five, 15 - minute green curb pick-up and drop-off parking spaces for these combined uses in front of the school. All businesses' employees are required to park behind the center. Parking lot lighting requirements were met with the original approval. A DR 06-23, CUP 2000-03(2) PAGE 4 site visit indicates the site is being maintained. 3. Building Design- Architectural Features and Colors: There are no exterior changes to the building. Signage is by separate permit and will be reviewed at a later date by staff. 4. Landscaping: The project site contains existing landscaping. A site visit indicates that the landscaping is maintained. The plants are green and free of weeds. D. Additional Review The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. In addition a condition of approval requires the following agencies are required to review, approve and/or license this application: Los Angeles County Fire Department, California Department of Social Services, State Department of Education, and the Los Angeles County Business License Department. E. General Plan, Design Guidelines, and Compatibility with Neighborhood Staff's review finds the proposed application is compatible with the commercial neighborhood, consistent with the General Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site. Notices were 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 legal notices were posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e) -interior and exterior improvements of an existing structure. DR 06-23, CUP 2000-03(2) PAGE 5 Staff recommends that the Planning Commission approve Development Review No. 2006- 23, Conditional Use Permit No. 2000-03(2), Findings of Fact, and conditions of approval as listed within the attached resolution. .11 1 Prepared by: Reviewed by: Nancy ' T Ig Linda Kay Smith y Fong, CP Development Services Associate Community Dev ppment Director ATTACHMENTS: 1. Draft Resolution of Approval; 2. Playground schedule; 3. Aerial; 4. Exhibit "A" — Survey dated August 8, 2006. G:\Community DevelopmentLinda SmitKPLANCOMMPROJECTSIConditionaI Use PermitAGUP 200003(2) DR 06-23 23555 PalomlnWontessM ClassroodReport DR 06 -23 -CUP 0003(2) 23555 Palomino-Montessod.doc DR 06-23, CUP 2000-03(2) PAGE 6 DRAFT ATTACHMENT 1" PLANNING COMMISSION RESOLUTION NO.2006-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISION APPROVING DEVELOPMENT REVIEW NO. 2006-23, CONDITIONAL USE PERMIT NO. 2000-03(2) AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO MODIFY THE EXISTING PERMIT TO ADD 1,200 SQUARE FEET FROM AN ADJOINING RETAIL SUITE FOR A MONTESSORI ELEMENTARY SCHOOL CLASSROOM USE WITH INTERIOR TENANT IMPROVEMENTS TO CONNECT TO THE EXISTING PERMITTED USES. THE PROJECT ADDRESS IS 23555 PALOMINO DRIVE (LOT 2, PARCEL MAP 2757, APN 8281-024-053), DIAMOND BAR, CA. A. Recitals 1. The property owner, AP Diamond Bar, LLC, and applicant, Diamond Bar Montessori Academy, have filed an application for Conditional Use Permit 2000-03(2) for a property located at 23555 Palomino Drive, Diamond Bar, Los Angeles County, California as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On August 8, 2000, the Planning Commission conducted a duly noticed public hearing on Conditional Use Permit No. 2000-03 and Categorical Exemption, and approved such per Planning Commission Resolution No. 2000-14. 3. On August 29, 2000, the Director approved a Minor Variance No. 2000-11 to reduce the required parking based on a parking analysis and findings of fact. 4. On August 12, 2003, the Planning Commission Planning Commission conducted a duly noticed public hearing on Conditional Use Permit No. 2000- 03(1) and Categorical Exemption, and approved such per Planning Commission Resolution No. 2003-26. 5. Public hearing notices were mailed to property owners in a 700 -foot radius of the project site. Notices were 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 legal notices were posted at the City's designated community posting sites. 6. On August 8, 2006, the Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing on the Application. 1 DRAFT ATTACHMENT "I" B. Resolution ..-NOW,. THEREFORE, it... is found,.. -determined .and .-resolved by the Planning Commission of the'City of Diamond Bar as follows: 1 The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated there under. This is pursuant to Section 15301(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence. before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The commercial site is a strip center on Palomino Drive off Diamond Bar Boulevard behind the Chevron station. It is an irregular shaped parcel of 3,.3 acres (144,619 SF) in size. The legal non -conforming shopping center was built in 1980 and contains professional office, restaurants with alcohol sales, personal care services for hair/nails, and the Montessori private school and child day care center uses. (b) The General Plan Land Use designation is General Commercial (C) and Community Commercial -Billboard Exclusion (C -2 -BE) is the zoning. (c) The following zones surround the project site: to the north are the SR 57 and SR 60 freeway junction; to the west is Regional Commercial C-3 Zone; to the east is the Low Density Residential Zone (R-01,- 8000); and to the south is the Regional Commercial C-3 Zone. K' DRAFT ATTACHMENT "I" (d) The application requests the approval of plans to modify an adjoining 1,200 square feet retail suite to a Montessori Elementary School classroom with interior tenant improvements to connect with the existing school and add bathrooms. X01 26 1 Pi I I (e) The proposed use is allowed in 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. Per Municipal Code Section 22.66.060(2), the original review authority, Planning Commission, shall consider changes that were a part of the review authority's consideration. The change in the number of students applies. Per Municipal Code Section 22.10.030, Table 2-6, a child day care center is permitted in the C -2 -BE Zone with the review and approval of a Conditional Use Permit, which analyzes specified activities and uses whose effect on the surrounding area cannot be determined before being proposed fora particular location. The private Montessori School changes the use from retail to school and requires Development Review. The highest authority level performs the review and approval. As conditioned, the proposed uses comply with all other applicable provisions of the Development Code and Municipal Code. The proposed use is consistent with the General Plan and any applicable specific plan. The General Plan land use designation is General Commercial (C). This land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The uses are service commercial and consistent with the General Plan. There is no change to the site's exterior configuration. The site's architectural style, construction materials and colors, are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan. A specific plan does not exist for the project site. (g) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed uses are in the existing legal non -conforming DRAFT ATTACHMENT "I" commercial center processed by Los Angeles County in 1980. The center does not meet the current Development Code's setback requirements. There are no changes, expansion, or structural alterations to this existing legal non -conforming structure. The existing site is in the Community Commercial — Billboard Exclusion Zone (C -2 - BE). The C -2 -BE Zone permits a child day care center with the approval of a Conditional Use Permit and Montessori School with a Development Review. Both are conforming uses. There is no change to the site's exterior configuration and the current site is adequate in size and shape to accommodate the yards, walls, fences, parking, loading, landscaping and other development features prescribed in the Code. The site's existing architecture, construction materials, and colors are consistent and compatible with the surrounding commercial sites. The proposed project enlarges the private school use. The Applicant is required to obtain approvals from the Los Angeles County Fire Department and State of California, Health and Welfare Agency. The operating characteristics are compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use Permit process. (h) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The proposed project involves adding square footage for the Montessori elementary school use. This adds students to the enrollment and requires the Conditional Use Permit to be reviewed and approved. The additional interior square footage does not alter the commercial center's physical appearance. Access for the site exists and is adequate. Utilities exist and are adequate to serve the proposed use. (i) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. State of California, Health and Welfare Agency, Los Angeles County Fire Department, Los Angeles County Business Licensing, and City Building and Safety inspections and approvals are required for the addition of 1,200 square feet to the existing uses. The inspections and appropriate licenses and operational conditions listed in this resolution will ensure that the facility will not be detrimental to the DRAFT ATTACHMENT I" public interest, health, safety, convenience, or welfare, of the City. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301(e). (k) 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 (e.g. theme areas, specific plans, community plans, boulevards or planned developments). As referenced in findings (e), (0, (J), (h) and (i), the design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines The design 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 project site is adequately served by Palomino Drive and Diamond Bar Boulevard. Palomino 'Drive is designed to provide an ingress/egress to the project site and Diamond Bar Boulevard is designed to handle traffic created by this type of development. (m) 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 this Chapter, the General Plan, or any applicable specific plan. As referenced in findings (e), (0, (g), (h) and (i), there are no changes proposed in the architectural design of the existing retail shopping center. (n) 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. As referenced in findings (e), (0, (g), (h) and (i), there are no changes proposed in the architectural design of the existing retail shopping 61 center. (o) The proposed development 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. As referenced in finding (i), the proposed development will not be detrimental to the public health, safety or welfare or materially injurious. (p) 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 QualityAct (CEQA), the City has determined that this project is categorically exempt, Section 15301(e). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following and attached Standard Conditions: (a) Planning Commission Resolution Nos. 2000-14, and 2003-26 shall remain in full force and effect except as amended herein. (b) The Applicant shall comply with the requirements of the State Department of Social Services, State Department of Education, Fire Department, Los Angeles County Business License Department, Los Angeles County Health Department, and City Planning, Building and Safety, and Public Works Divisions. The Applicant shall be in compliance with all requirements of said agencies at all times and receive all approvals and licenses. 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 AP Diamond Bar, LLC, 310 Golden Shore, #300, Garden Grove, CA 92840 and Diamond Bar Montessori Academy, 23555 Palomino Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 0 DRAFT ATTACHMENT "I" By: Steve Nelson, Vice -Chairman 1, 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 8th day of August, 2006, by the following vote: AYES: COMMISSIONERS: NOES: ABSENT: ABSTAIN: ATTEST: Nancy Fong, Secretary G,.\Community Developmentlinda Snith\PLANCOMM\PROJECTS\CondirionaI Use PerrnitskCUP 2000-03(2) DR 06-23 23555 Palomino -Montessori ClassroodReso DR 06-23 CUP 2000-03(2) 23555 Palonfino-Montessod.doc DRAFT ATTACHMENT "1" GfnT� _ • mn5, ._ Ak • PROJECT #: DR 2006-38/CUP 2000-03(2) - SUBJECT: Modification of Retail Suite to School Classroom APPLICANT: Diamond Bar Montessori Academy LOCATION: 23555 Palomino 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 DR 06-23, CUP 2000-03-(2) 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 claim, action of proceeding, and shall cooperate fully in the defense thereof. Rl DRAFT ATTACHMENT I" 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 DR 06=23, CUP 2000-0342), 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. insert after hearing, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site plans, floor plans and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. 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. 9 DRAFT ATTACHMENT "'I" B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever 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 DR 06-23, CUP 2000-03-(2) 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" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, on file in the Planning Division, the conditions contained herein, and Development Code regulations. 2. To ensure compliance with all conditi . ons 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. 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 10 DRAFT ATTACHMENT "1" 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. • I • KOA TA I Z Lelliel Z 1111• 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. 5. This project shall comply with all Accessibility Code requirements including accessible pqrking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. 6. Separate permit shall be required for all walls, fences, and accessory structures. 7. 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 exterior wall. 11 DRAFT .ATTACHMENT "'I" 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. 8. The project shall be protected by a construction fence and shall comply With the NPDES & BMP requirements (sand bags, etc.). 9. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. ne 101 11 0 FOIGIT,1:14101 L111IMB"o-himl =1 IN Itelvill 1 k - JLKO I 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. 4M GACommunity Developmentlinda SmithXPLANCOMMkPROJECTSICondifionaI Use PenbICUP 2000-03(2) DR 06-23 23555 Palomino -Montessori ClassmodReso DR 06-23 CUP 2000-03(2) 23555 Palomino-Montessofl.doc 12 07/18/2003 13:35 7149924714 TIGE PAGE 10 ATTACHMENT "2" �f'�tiver° Recjues+ Namond Bar Mcm+cssori Academy Request: To use the same playgrounds and stagger play times into age appropriate groups. Reason: We have three playgrounds and four different age groups of children. The front dlayaround Ployground 1: This playground is for the students between the ages of 18 months -4 year olds. This playground will be shared by 2 different groups of ages, of different times: 1. The 18-30 month old children will play first 2. The 2-4 year aids will play second The middle alayaround Playground 2: This playground is for our preschool (2-6 yrs old) and school age (6-10 yr old) students. This playground is shared by two different groups of ages, at different times. 1. The 3-6 year olds will play together 2. The 5-10 year olds will play together each in their own groups. The back plMround Playground 3: This playground is for our preschool (2-6 yrs old) and school age (6-10 Yr old) students. The two different age groups will not play at the same time together. 1. The 3-6 year olds will play together 2. The 5-10'year olds will play together each in their own groups. To summarize, each age group: toddler, preschool and school-age, are not mingling with the next group. They will not share the same playground at the some time. Pig -)O Lnd 3chgdule: Playground 1 9-9:30 a.m. 18-30 month olds 9:30-10.00 a.m. 10-10,.15 a.m. 10:45-11:15 a.m. Lunch (outside) 2:30-3 p.m. 3-3:30 p.m. 1830 month olds 3:30-4:30 p.m. 18 -SO month olds 4:30-5:30 p.m. Playground 2 Playground 3 FROM : Panasonic FAX SYSTEM L F �� PHONE No. t -11T, 5,1111q: 191 1211 1 1 161 _7 C"i EJ CD > to 0 m G) > T r.•:00 r- 0 C) Cy) ON 0 p (F) C) m W Ilia I Ff" FROM : Panasonic FAX SYSTEM PHONE NO. : May. 01 2006 11:38AM P2 I'm . May. 01 2006 11,39RM P4 FROM :Panasonic FAX SYSTEM PHONE NO. ' all i I FRnm : Panasonic FMX SYSTEM PHONE NO. : May. 01 2006 11'398M P3 lip poll DOW I AIN °fir 3 a A g a as ., h ' �ri'fggg ;lag r # +�i1lt d r •e0•ee•e•se • t 4 � it oil lot g fi i 1 ' .w 1 1Y 1 � i ��p\4 i0�1�ii1B9� 6100 • Rral�1�1 � i � ' ,.Y >-�' � . •-, � / . �' � ®oma ' ; i Y SNE" 'uT'�a// / ♦ ,.-� �\t, \ \ t, r `-- i.-�,,r e � l� 1 e 0 0 °fir 3 a A g a as ., h ' �ri'fggg ;lag r # +�i1lt d r •e0•ee•e•se • t 4 � it oil lot g fi i 1 ' .w 1 1Y 1 � i ��p\4 i0�1�ii1B9� 6100 • Rral�1�1 � i � ' ,.Y >-�' � . •-, � / . �' � ®oma ' ; i Y SNE" 'uT'�a// / ♦ ,.-� �\t, \ \ t, r `-- i.-�,,r CIT PLANNING COMMISSION 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: CASEXILE NUMBER: PROJECT LOCATION: W August 8, 2006 Development Review No. 2006-27 1723 Roundtree Circle, APPLICATION REQUEST: An addition of 972 square feet to an existing 1,365 square foot single family residence on an existing 7,897 square foot lot, and for maintaining the legal non -conforming front and.side setbacks. PROPERTY OWNERS: Michael and Julia Sullivan APPLICANT: Kenn Coble, ProBuilder, 449 W. Allen Avenue, Suite 109, San Dimas, CA 91773 STAFF Conditionally Approve RECOMMENDATION: The project site is located in the 1700 block of Roundtree Circle. The lot is approximately 7,897 square feet (0.18 acres) in size and is Lot 98 of Parcel Map 28579, and is a rectangular shaped parcel. The applicants, ProBuilder and property owners Mr. Michael and Mrs. Julia Sullivan, have submitted an application for Development Review No. 2006- 27 and Minor Conditional Use Permit No. 2060-08 for the addition of 972 square feet to an existing 1,365 square foot single family residence feet and the continuation use of legal non -conforming front setback of 18 feet and side setback of 8 feet 5 inches. A. Review Authority (Section 22.78) The proposed addition exceeds 50 percent of the existing habitable floor area, which requires a Development Review by the Planning Commission per the City's Municipal Code (DBMC). The Planning Commission's review process establishes consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the City's economic, physical, and social character. The process ensures that the proposed project's development yields a pleasant living environment for the residents and visitors as the result of consistent exemplary design. B. Site and Surrounding General Plan, Zoning and Uses General Plan designation: Low/Medium Density Residential (RLM), maximum 5 Dwelling Unit/Acre Zoning: Single Familv Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Surrounding Zones and Uses: North: R-1-8,000 (Single Family Residential), Single Family Residences South: R-1-8,000 (Single Family Residential), Single Family Residences East: R-1-8,000 (Single Family Residential), Single Family Residences West: R-1-10,000 (Single Family Residential), Single Family Residences C. Development Review (Section 22.48) 1. The following comparison shows that the proposed project meets the City's development standards requirements: Development Feature RL- Building Standards/PM 23382 Proposed Meets Requirements] Requirements Minimum Lot Area 8,000 S.F. 7,897 S.F. Existing Yes Residential Density I Single -Family Unit; 5 per 1 Single Family Unit Yes gross acre,_ 18'-0" Maintain Legal Non - Front yard setback 20 feet Existing Conforming 8'-5" & 5 feet Maintain - LegalNon- Side yard setbacks Side 10 feet & 5 feet Existing Conforming* Side yard min -mum between 13'-9" Maintain Legal 0n - structures on adjoining 15 feet Existing Conforming* pnarcels Rear setback 20 feet 34'-0" Yes Building Height Limit 35 feet maximum 23P-0" Yes Hillside Development As required by Chapter 22.22 (Hillside Mgt.) N/A :Y:es:]' As required by Chapter Maintain Existing Yes Landscaping 22.24 (Landscaping) Landscaping 2 in fully enclosed garage 2 -car garage Maintain Yes Parking (20'X20'). Existing Driveway Maximum 14 feet to garage; landscape 50% Maintain Existing Yes Landscaping 50 % of the front yard in Maintain Existing Yes landscaping Lot Coverage - 40% Approximately 30.2% Yes Tree Permit Required to Exempted. No Trees Yes Preserved/Protected Trees Remove certain trees to be Removed * Minor Conditional Use Permit 2. Building Design, Architectural Features, Colors, Materials, Floor Plan, Etc. The architecture of the existing residence and the proposed addition is a Mediterranean style with building materials containing: red roof tile, smooth stucco wall, vinyl windows with decorative trim and molding. The extension of chimney would match the existing colors and materials. The architectural design and colors are consistent with the surrounding neighborhood architectural characteristics. The existing single family residence contains three bedrooms, one bathroom, office area, and family room. The proposed 486 square foot addition is towards the rear of the first floor where the kitchen, dining room, and staircase will be reconfigured. The second floor area will provide a new bonus/recreation room and staircase in 486 square feet. 3. Landscaping and Preserved/Protected Trees (Section 22.24) A landscape plan is not required for the project because the front and rear yard is currently landscape and the resulting development to the rear of the structure will not have a negative impact. 4. Minor Conditional Use Permit No. 2006-08 (Section 22.68) The applicant is requesting approval of a Minor Conditional Use. Permit to allow the continuation of legal non -conforming front and side setbacks. The city establishes the Minor Conditional Use Permit process to allow such addition so the legal conformities may be continued if it is necessary to secure safety or aesthetic advantages through improved architecture. The applicant's proposed addition and the improvement to the increase the aesthetic quality of the neighborhood. 5. 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. 6. 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. E. General Plan, Design Guidelines, and Compatibility with Neighborhood 1. 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 above 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: Public Hearing notices were mailed to 108 property owners within a 500 -foot radius of the project site, and notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and legal notices were posted at the City's designated posting sites. 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- 27 and Minor Conditional Use Permit 2006-08, Findings of Fact, conditions of approval, and Standard Conditions as listed within the attached resolution. Prepared by: David Alvarez Planning Technician ATTACHMENTS: Reviewed by: Nancy Fong Community Development Director 1. Draft Resolution of Approval with required findings; 2. Covenant and Agreement; 3. Aerial; 4. Exhibit "A" - site plan, floor plan, roof plan, elevations, and line of sight dated July 31, 2006; PLANNING COMMISSION RESOLUTION -NO. 2006 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-27 AND MINOR CONDITIONAL USE PERMIT NO. 2006-08, A REQUEST FOR AN ADDITION OF 972 SQUARE FEET TO AN EXISTING 1,365 SQUARE FOOT SINGLE FAMILY RESIDENCE FEET ON AN EXISTING 7,897 LOT AND REQUESTING APPROVAL FOR CONTINUATION USE OF LEGAL NON -CONFORMING FRONT AND SIDE SETBACKS. THE PROJECT SITE IS LOCATED AT 1723 ROUNDTREE CIRCLE (APN: 8292-020-047, LOT 98, TRACT NO. 28579), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owners, Mr. Michael and Mrs. Julia Sullivan, and applicant, ProBuilder, have filed an application for Development Review No. 2006-27 and Minor Conditional Use Permit No. 2006-08, for property located at 1723 Roundtree Circle, Diamond Barg Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On July 28, 2006, public hearing notices were mailed to approximately 108 property owners within a 500 -foot radius of the project site. On July 28, 2006 notification of the public hearing for this project was 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 August 8, 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 1723 Roundtree Circle (Lot 98 of Tract 28579), Diamond Bar, California. (b) The project site has a General Plan land use designation of Low/Medium Residential (RML) 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 interpreted as Low/Medium Residential (RML) Zone; (d) Generally, to the north, south and east is the R-1-8,000 zone; and to the west is the Single Family Residential -Minimum Lot Size 10,000 square feet (R-1-10,000) zone; The Application request for an addition of 972 square feet to existing 1,365 square foot Single Family Residence feet on an existing 7,897 lot and requesting approval for continuation use of legal non- conforming front and side setbacks. 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 FA No. 28579, Lot 98 (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/Medium Residential (minimum lot of 8,000 SF) land use designation. The proposed project consists of an addition of 972 square feet to an existing 1,365 square foot Single Family Residence. Hence, the proposed project meets all other development standards for the RML 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 addition of 972 square feet to an existing 1, 365 square foot Single Family Residence established in the surrounding community and also consistent with otheradditions 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. (h), The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain 3 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 a typical 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. 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. 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 QualityAct (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent 11! 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 and the attached standard 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 July 2 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) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; (e) 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 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; (f) The owner shall complete and record a "Covenant and Agreement to 5 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 priorto 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; 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; (k) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (1) 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; (m) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; 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. Michael and Mrs. Julia Sullivan, 1723 Roundtree Circle, Diamond Bar, CA 91765, and ProBuilder, 449 W. Allen Avenue, Suite 109, San Dimas, CA 91773 APPROVED AND ADOPTED THIS 8th OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BN Steve Nelson, Active Chairman 1, 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 8th day of August 2006, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Commissioners: Commissioners: Commissioners: Commissioners: Nancy Fong, Secretary 19 DEVELOPMENT SERVICES STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW • RE -MODELED STRUCTURES PROJECT #: Development Review No. 2006-27 and Minor Conditional Use Permit No. 2006-08. SUBJECT: Addition of 972 Square Feet to an existing 1,365 square foot Single Family Residence. APPLICANT: Mr. Michael and Mrs. Julia Sullivan. LOCATION: 1723 Roundtree Circle, 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. 2006-27 and Minor Conditional Use Permit 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: I Word: comdev/Resolutions-Standard Conditions/final standard conditions commercial and residential 8/2/2006 1 (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 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. 2006-27 and Minor Conditional Use Permit 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 the Planning Commission Resolution No. insert 'I 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 any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. 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. 8. 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 dwelling. The property shall Word: comdev/Resolutions-Standard Conditions/final standard conditions, commercial and residential 8/2/2006 2 A [0 not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood., 9. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 10. The applicant shall Building and Safety Department. FEES/DEPOSITS comply with the requirements of City Planning, Divisions, Public Works Department, and the Fire 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 o ' f 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. TIME LIMITS 1. The approval of Development Review No. 2006-27 and Minor Conditional Use Permit No. 2006-08 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. 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" including: site plans, floor plans, architectural elevations, exterior materials and colors, sign program, 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 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 Word: comdev/Resolutions-Standard Conditions/final standard conditions commercial and residential 8/2/2006 3 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. 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 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 DEPARTMEN-1 (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWINJ CONDITIONS: A. SOILS REPORT/GRADING/RETAINING WALLS 1 The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right- of-way. MINNFJGNUE!� 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. Word: comdev/Resolutions-Standard Conditions/final standard conditions commercial and residential 8/2/2006 4 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 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 Arch itect/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 Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Verify adequate exit requirements. The distance between required exits shall be'/2 of the building diagonal. 7. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 8. 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 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. 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). Word: comdev/Resolutions-Standard Conditions/final standard conditions commercial and residential 8/2/2006 5 10. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 11. Specify location of tempered glass as required by code. 12. Chimney shall be 2' higher 10' away from roof line. 13. Door between garage and the house be 1 3/8 solid core self closing. Walls and ceiling between living space and garage shall be 5/8 type X. 14. Install hard wired smoke detectors with battery back-up in all bedrooms and hallways leading into sleeping areas. 15. All bedrooms shall comply with all rescue window requireme nts. Amu Word: comdev/Resolutions-Standard Conditions/final standard conditions commercial and residential 8/2/2006 6 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 DEVELOPMENT REVIEW NO. 2006-27/ MINOR CONDITIONAL USE PERMIT NO. 2006-08 The undersigned hereby certify that Michael & Julia Sullivan is the owner(s) of the hereinafter described real property located 1723 Round1tree Circle in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot, 98 Tract Map No. 28579 Assessors Book and Parcel Number 8292-020-047 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. LO -Z STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of 1 200 before me the undersigned Notary - Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by — signature(s) on the instrument the person(s) or the 'entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State j� \: _ i 1 r 1 1 r 1 1 1 -- •• �o R M1 ooMrt••pa� Q iy 4 S� EMT§T u9 o • • ® } N A n R D Q a N Z Z --N— a: ro' f9 �aa 59gg .� �� SCC � � • A�. 7p7 .','.g$ X47 •••'•'•'••'• S • ® p •• rn-nNN W •K������• t 400000 .r.r SS HIF �� o (r`�n Q Hill 1 ♦R R .a N KXM 0 0 r- oZz W d 0 >�C- P Mr D m enc �Fn Z C— • .� , . C� 0 _ . ZD rnp Ca < m vz rn-n Z 0 m �D RevslDNs by w1e SITE PLAN R 51DEIAT1AL ADDIT1011 PRoBUILDER D —•—•_•• __••— _ mRX ND JU SUlIN.41 4 4 I729RONNDTXMCIRd2 44e W. Niru Ave. arc, !i„' `pan Gmia, •,A. �^177� D"OWBAP CASI7ss {GOA') 3G5 -4-:•1+i FAX {-O1)505-P445 .may tel/ Q R M1 `° Q iy 4 S� EMT§T u9 g P 3 i N A n R D g a N Z Z --N— D O N N f9 .AA W N D X47 NU1�nrnrnrn rn-nNN W s� a a �R` �a �� o (r`�n z m= m n w Z Er `,a a 91 y rn m 3 N KXM 0 0 r- oZz W d 0 >�C- P Mr D m enc �Fn Z C— • .� , . C� 0 _ . ZD rnp Ca < m vz rn-n Z 0 m �D RevslDNs by w1e SITE PLAN R 51DEIAT1AL ADDIT1011 PRoBUILDER D —•—•_•• __••— _ mRX ND JU SUlIN.41 4 4 I729RONNDTXMCIRd2 44e W. Niru Ave. arc, !i„' `pan Gmia, •,A. �^177� D"OWBAP CASI7ss {GOA') 3G5 -4-:•1+i FAX {-O1)505-P445 I -n 6 0 II -u Z U) LK I 34-1a q FLOOR PLAN RFSIDENTIAL ADG•ITION .M v OML G 9 sm PRoBUILDER 444 W. Allco Ave. Stc. I (X' San CAmas, CA. 5? 1773 FAX (�10x)305-E445 4 ' 1 I T ( 2 I'-6' 2 P-6' 6' 8--f. I �-C1 �_ I• o� 6' ',- 1 • 6_6. q,-p• Elona I= I 0000 .. _ 000®• �m • j 0000 ' � $ ' 0000 23 -a Z 0000 0000 G-LLLW ��� rn — — — — --.H —fm -p-I c I° e rn g - ELEVATIONS/7ROOFPIAN --- - -- PRoBUILDOR- RE5IDENTIAL ADDITION MIRfAt1 A4D JlVAtlJWVN! iT1D FOUlD'IAG CIRCtL 449 W. Allen Ave. 5re. 109 San ama5, GA. 91773 ouMoaD ew u e �e� (909J 305-9444 FAX (909)305-9.445 tj < 60 0 RMWOW5 0 F-LEVATIO115/LII,IE OF 51GHT RE51DENTIAL ADDITIOI I .R7fA6 AND JULIA SULWM 1723 ROUND TKM OR= DIAMOND 5^ CA 91765 . PRoBUILDER 44? W. Allcn Av!. `,tc. !Of- `-Oo Dn*5, CA. a1771 (?De) 305 -e -W4 FAX (109)305-"445 PLANNING COMMISSION AGUNDARUORT Crry OF DIAMOND BAR—,218c25 C0pLEyDRTU — DIAMOND BAR, CA91765 — TEL (gog) 839-7030 — FAX (909) 861-3117 MEETING DATE: REPORT DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER; APPLICANT. STAFF RECOMMENDATION: August 8, 2006 July 20, 2006 Development Review 2006-14/Minor Conditional Use Permit No. 2006-05 24115 Willow Creek Road Approval to construct a first and second story addition and re I modeling of approximately 2,600 square feet to an existing one-story residence of 1,412 square feet with an existing two -car garage, and to maintain the legal nonconforming side yard setback and building separation. Mr. and Mrs. Adolfo Mijares 24115 Willow Creek Road Diamond Bar, CA 91765 Mr. Sergio Gonzales 6 N. First Avenue, Suite 101 Arcadia, CA 91006 Conditionally approve*. DR 2006-14/MCUP 2006-05 Page 1 A. Site Description: The project site is Lot 78 of Tract 27533. It is approximately 9,670 square feet and is generally rectangular in shape with widening at the rear property line. There is a restricted use area within the rear _(5f -the- site:. , , -It- is - developed with a- one -story - residence of approximately 1,412 square feet plus a two -car garage and swimming pool. B. Site and Surrounding General Plan and Zoning: 0 General Plan Designation: Low Density Residential (RL) Maximum 3 DU/AC. 0 Zoning: Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1- 8,000). 0 Surrounding Zones and Uses: R-1-8,000, single-family residences. A. Development Applications/Review Authority (Code Sections 22.44) The proposed project consists of two applications, Development Review and Minor Conditional Use Permit. The Development Review application is for architectural/design review of the proposed addition which totals to approximately 2,600 square feet including a patio cover, front porch, decks and balcony. Development Review is required because the addition is more than 50 percent of the existing habitable area and a substantial change will occur by adding a second story to a one-story residence. The Minor Conditional Use Permit application is for maintaining the legal nonconforming side yard setbacks of five feet and separation between residences on adjoining properties of 10.5 and 13 feet. The Planning Commission is the decision maker for Development Review and the Hearing Officer is the decision maker for a Minor Conditional Use Permit. Since it is required that both applications be process simultaneously, the Planning Commission is the review authority. 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 ensures that new development and intensification of existing development yields a pleasant living, and attracts the interests of residents and visitors as the result of consistent exemplary design. DR 2006-14/MCUP 2006-05 Page 2 Development Standards The comparison matrix below shows that the proposed project has met the development standards for the R-1-8,000 (RQ zoning district. Development Feature R-1-8,000 (RL) Zoning District Requirements Proposed Meet Requirement Minimum Lot Area 8,000 square feet. 9,670 square feet Yes — Residential Densit 1 Single -Family Unit I Single -Family Unit Yes — Front and setback 20 feet 25 feet Yes — Side and setbacks 5 & 10 feet 5 & 5 feet Yes* Rear setback 20 feet 36 feet Yes — Building height 35 feet from natural/finished rade 28 feet from grade Yes Separation between adjacent residences 15 feet 10.5 & 13 feet Yes*. Lot coverage 40% (maximum) 26% Yes Parking Two -car garage (minimum) Two -car garage Yes *Legal non -conforming side yard setbacks and distances Detween resluences on auju properties (see MCUP discussion). 2. 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 and remodeling will change the existing architectural style to Mediterranean. The existing flat roof will change to a multi-level pitch roof. The front elevation will be changed with the following element: an entry flanked by columns with a deck above, a tower with an interior curved stairway, and a balcony above the garage. Plaster moldings will surround the windows. A plaster molding band will divide the side and rear elevations. Columned archways define the rear patio cover with two decks above. Tejas textured stone (Austin Chardonnay) will be used to accent the tower and front entry. Blended terra cotta concrete tile will be used for the roof and stucco walls will DR 2006-24/MCUP 2006-06 Page 3 be off-white. Staff is 'recommending that the applicant use one of the texture stone colors to accent the columns and moldings. The proposed addition is compatible with other homes in the neighborhood due to the varied architectural styles that exist and some remodels that have occurred. The change from a flat to a pitch roof and changes to the front elevation are improvements that add value to and visually enhance the existing residence and neighborhood. The project neighborhood is a combination of one and two-story residences. Two-story homes exist on each *side of the subject residence and directly behind it. However, the residences located behind the project site are at a much higher elevation. Therefore, the proposed second story addition will not interfere with their view. 3. Floor Plan Layout The existing one-story residence has three bedroom, two bathrooms, family room, kitchen, living room, foyer and two -car garage. The proposed addition will reconfigure a portion of the first floor and enlarge the kitchen, living room and foyer and add a front porch. The proposed second floor addition will consist of a master bedroom suite, two bedrooms, bathroom, laundry room, exterior decks and balcony. 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. 5. Landscaping A landscape plan was not submitted with this project's application. The applicant is required to submit a landscape/irrigation plan for the front yard prior to the issuance of any City permits. The landscape plan is to ensure that landscaping destroyed during construction will be replaced prior to final inspection or Certificate of Occupancy. C. Minor Conditional Use Permit (Code Sections 22.56 and 22.68) The required side yard setbacks for the R-1-8,000/RL zoning district are five and ten feet with a 15 foot separation between residential structures on adjoining properties. The subject residence is considered legal nonconforming because it maintains five foot side yard setbacks and a 10.5 and 13 foot separation between adjacent residential structures. With the proposed addition, the residence will continue to maintain the legal nonconforming five Toot side yard setbacks. DR 2006-24MCUP 2006-06 Page 4 The City recognizes that property owners should be allowed to have an addition, reconstruction or improvements to their properties even with legal nonconformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings of fact in the resolution. The legal nonconformities may be continued to secure safety or when advantages through improved architecture are met. D. 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. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland VallgvyJ�B ulllletin and the San Gabriel Valley Tribune on July 27, 2006. Public hearing notices were mailed to approximately 106 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places on July 21, 2006. Furthermore, the project site was posted with a display board by July 27, 2006. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2006- 14, Minor Conditional Use Permit No. 2006-05, Findings of Fact and conditions of approval as listed within the attached resolution. -p:-• . by: Attachments: for 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, roof plan and elevations dated August 8, 2006; 3. Covenant and Agreement to Maintain a Single -Family Residence; and 4. Aerial. DR 2006-24/MCUP 2006-06 Page 5 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-14, MINOR CONDITIONAL USE PERMIT NO. 2006-05 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 2,600 SQUARE FEET TO AN EXISTING ONE- STORY SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 1,414 SQUARE FEET WITH A TWO -CAR GARAGE. THE PROJ ECT SITE IS LOCATED AT 21115 WILLOW CREEK ROAD (LOT 78, TRACT NO. 911765), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owners, Mr. and Mrs. Adolfo Mijares and applicant, Mr. Sergio Gonzales have filed an application for Development Review No. 2006-14, Minor Conditional Use Permit No. 2006-05 and categorical exemption for a property located at 24115 Willow Creek Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On July 27, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On July 21, 2006, public hearing notices were mailed to approximately 106 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. On July 26, 2006, the project site was posted with a display board. 3. On August 8, 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 0 thereunder. Furthermore, the categorical exemption reflects the independent judgement 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 approximately 9,670 square feet, rectangular shape and widening at the rear property line with a restricted use area within the rear of the site. It is developed with a one-story residence of approximately 1,412 square feet plus a two -car garage and swimming pool. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). (d) Generally, the R-1-8,000 single-family residences zone surrounding the project site. (e) The Application request is for Development Review approval to construct a first and second story addition of 2,600 square feet including a patio cover, front porch, decks and balcony to an existing one-story single family residence of approximately 1,412 square feet with an existing two - car garage. The Minor Conditional Use Permit application is a request to maintain the existing legal nonconforming side yard setbacks of five feet and separation between residences on adjoining properties of 10.5 and 13 feet. 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 On July 25, 1995, the City adopted its General Plan. Tract No. 27533, Lot 78 (project site) was established and homes were built within the tract prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allow for lot varying in size from 8,500 to 20,000 square feet. The project site is 9,670 square feet and is in compliance with the General Plan. The project site is within the R-1-8,000 zoning district. Pursuant to the Development Code, the development standards of the RL 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 except for the existing legal non -conforming side yard setbacks of five feet and separation between residences on adjoining properties of 10.5 and 13 feet. The proposed addition/remodel changes the existing architectural style to Mediterranean and existing flat roof to a multi-level pitch roof. The front elevation will be changed by adding an entry flanked by columns with a deck above, a tower with an interior curved stairway and a balcony above the garage. Plaster moldings will surround the windows. A plaster molding band will divide the side and rear elevations. Columned archways define the rear patio cover with two decks above. Tejas textured stone (Austin Chardonnay) will be used to accent the tower and front entry. Blended terra cotta concrete tile will be used for the roof and stucco walls will be off-white. Staff is recommending that the applicant use one of the texture stone colors to accent the columns and moldings. The proposed addition is compatible with other homes in the neighborhood due to the varied architectural styles that exist and some remodels that have occurred. The change from a flat to a pitch roof and changes to the front elevation are improvements that add value to and visually enhance the existing residence and neighborhood. As such, the proposed project is consistent with the City's Design Guidelines The project neighborhood is a combination of one and two-story residences. Two-story homes exist on each side of the subject residence and directly behind it. However, the residences located behind the project site are at a much higher elevation. Therefore, the proposed second story addition will not interfere with their view. (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 (single-family residence) 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, coldrand materials proposed will be compatible with otherhomes in the neighborhood. 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 Iraffic- 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 (0 above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is not a 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. 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 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 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 identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar of Diamond Bar. Minor Conditional Use Permit The proposed use is allowed within the subject zoning district with. the applicable provisions of the Development Code and the Municipal Code; As stated in Findings (0, (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the R-1-8,0001RL zoning district. Pursuant to the Development Code, the development standards of the RL zoning district apply to the project site.R-1-8,000 zoning district and complies with all applicable Development Code standards for that zoning district except for the legal nonconforming side yard setbacks. The existing legal nonconforming setbacks can be allowed with the appropriate findings through the Minor Conditional Use Permit process. Pursuant to Development Code Section 22.68.030 (a) and (b) — Restrictions on Nonconforming Structures, a structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) as specified for each zoning district. In addition, this Code section specifies that an addition, enlargement, extension, reconstruction, relocation, or structural alteration of a legal non -conforming structure may be allowed with approval of a Minor Conditional Use Permit with findings specified in Code Section 22.56.040. Findings specified in Section 22.68.030 for legal nonconforming structures must also be made. Furthermore, Section 22.68.030 requires that the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure); however, if the existing side yard setback is less than five feet, the exterior limits of new construction shall maintain a minimum five foot side yard setback. Pursuant to Table 2-4 of Development Code Section 22.08.040, the required side yard setbacks for the RL zoning district are five and ten feet with a 15 foot separation between residential structures on adjoining properties. The existing residence at the project site has side yard setbacks of five feet with 10.5 and 13 foot separation between residential structures on adjoining properties. The side yard setbacks which were legal under Los Angeles County's jurisdiction when the residence was constructed are now considered legal nonconforming. Additionally, Los Angeles County did not have a required separation between residential structures on adjoining properties. The proposed addition will maintain .the existing side yard setbacks and existing separation between residential structures on adjoining properties. it will also follow the development line of the existing residence and will not exceed the maximum height or lot coverage allowed in the RL zoning district. Staff believes that approving the Minor Conditional Use Permit as described above for the proposed addition is appropriate and compatible with other residences in the neighborhood because: (1) The project site is rectangular shape and widening at the rear property line. At the narrowest point the side yard setbacks are five feet on one side and widen to 10 feet on the other side. Even with the addition, the residence will maintain the existing setbacks. Furthermore, the five foot setback is between garages on the project site and adjacent property. The setback begins to widen with habitable space. (2) The project site is located in an area where Willow Creek Road cures. The home locate in the curve areas of the street are designed as if located on a cul-de-sac (i.e., narrow in the front and widening at the rear). Therefore, the five foot side yard setback occurs most frequently at the curve of the street in this neighborhood. (3) The proposed addition will maintain the existing legal nonconf6rming five foot setback and follow the existing development line with a varying setback up to 10 feet. (4) With the proposed addition and legal non -conforming side yard setbacks and legal non -conforming separation between residences will be maintained. (5) By maintaining the existing. setbacks and separation between residential structures on adjoining lots, the proposed project is consistent with other homes within the neighborhood located on the curve area of Willow Creek Road. Additionally, the proposed project will add value to and visually enhance the existing residence and neighborhood. The proposed use is consistent with the General Plan and any applicable specific plan; The proposed project is consistent with the General Plan because it is compatible with the prevailing characterof the surrounding neighborhood with regard to setbacks, separation between residential structures on adjoining parcels, height, lot coverage, architectural style, colors and materials. There is not applicable specific plan. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; A As stated in Findings (0, (g, (h), (i) and (1) above, the design, location, size and operating characteristics of the proposed addition are compatible with the existing and future land uses in the vicinity; (o) 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; As stated in Findings (0, (g, (h), (i) and (/) above, the project site is physically suitable for the type and de * nsitylintensity of proposed addition including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (p) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and Soils report, Fire Department requirements and approval, structural plan check, City permits and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located (q) 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 identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar.. Nonconforming The proposed addition will not result in the structure becoming: Incompatible with other structures in the neighborhood. The proposed addition is compatible with other homes in the neighborhood due to the varied architectural styles that exist and some remodels that have occurred. The change from a flat to a pitch roof and changes to the front elevation are improvements that add value to and visually enhance the existing residence and neighborhood. The project neighborhood is a combination of one and two-story residences with the same or similar side yard setbacks and separations between residences on adjoining properties. Two-story homes exist on each side of the subject residence and directly behind it. Additionally, the residences located behind the project site are at a much higher elevation and the proposed second story addition will not interfere with their view. Furthermore, as stated in Findings (f) and (1) above, the proposed addition is consistent with the architectural style of the subject residence and other residences in the surrounding neighborhood. Therefore, the proposed project is not incompatible with other residences in the neighborhood (s) inconsistent with the General Plan or any applicable specific plan. As stated in Finding (m) referenced above, the proposed project is consistent with the General Plan. This is not an applicable specific plan for the project area. (t) A restriction to the eventual/future compliance with applicable regulations of this Development Code. Approval of the Minor Conditional Use Permit, which will permit the continuation of a legal nonconforming side yard setbacks will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations due to specific issues addressed in findings (/) and (r)above . (u) Detrimental to the health, safety and general welfare of persons residing in the neighborhood. Based on finding mentioned above and conditions of approval, the proposed addition and, other minor improvements will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood. (v) Detrimental and/or injurious to property and improvements in the neighborhood. Based on finding mentioned above and conditions of approval, the proposed addition and other minor improvements will not be detrimental and/or injurious to property and improvements in the neighborhood 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division 1 Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the front yard for Planning Division approval. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Prior to the issuance of any City permits, the applicant shall submit a sample of the color to be use for the columns and moldings for Planning Division approval. B. Building and Safetv Division Door between garage and the house shall be 13/8 inch solid core self-closing. Walls and ceiling between living space and garage shall be 5/8 type X 2. Prior to final inspection, the applicant shall install hard wire smoke detectors with battery back-up in all bedroom and hallway leading to sleeping areas. 3. Prior to Plan Check submittal, the applicant shall provide accurate square footage of living space, garage, deck, etc. ' 4. All bedrooms shall comply with all rescue window requirements. 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. and Mrs. Adolfo Mijares, 24116 Willow Creek Road, Diamond Bar, CA 91765 and Mr. Sergio Gonzales, 6 N. First Avenue, Arcadia, CA 91006. APPROVED AND ADOPTED THIS 8Th OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. in Steve Nelson, Vice Chairman 6!,] I, Nancy Fong, Acting 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 8th day of August 2006, by the following vote: ATTEST: AYES: NOES: ABSTAIN: ABSENT: Nancy Fong, Secretary 10 PROJECT #: Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05 SUBJECT: Addition/Remodel to Existing Single -Family Residence PROPERTY OWNER: Mr. and Mrs. Adolfo Mijares APPLICANT: Mr. Ser-qio Gonzales LOCATION: 24115 Willow Creek Road 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. 2006-14 and Minor Conditional Use Permit No. 2006-05 broughtwithin 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 claim, action of proceeding, and shall cooperate fully in the defense thereof. 11 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. 2006-14 and Minor Conditional Use Permit No. 2006-05, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the the 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, land scape/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 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. 12 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. 2006-14 and Minor Conditional Use Permit No. 2006-05 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 August 8, 2006 including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation 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 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Solid Waste 1. The site shall be maintained in a condition, which is free of debris both. during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, 13 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 1. An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 1 st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMPs). 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. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 0 9 . ..- 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 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 14 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. 5. 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. 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. 9. Specify 1/4"/ft 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. 15 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. 2006-14/Minor Conditional Use Permit No. 2006-05 The undersigned hereby certify that Adolfo and Martha Mijares are the owner(s) of the hereinafter described real property located at 24115 Willow Creek Road in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 78, Tract Map No. 27533 Assessor's Book and Parcel Number 8703-007-026 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. L"M 9 AMA NOTE: THE COVENANT AND AGREEMENT SHALL BE NOTARIZED AND RECORDED. NOTARY SHALL USE UPDATED FORM AS DESCRIBED IN CIVIL CODE SECTION 1189. WORD: COMDEV/FORMS/BLANK COVENANT... 'I'll 819 01831 Scale 1:1699 ON o� o� mF >A M V � N � Q W I X N 9 rt property line 153.57' E — 4 q a — =i1 - t�1' d.: jI lE � i^'1 i I j n T 1 pt ' Properly NnO 145.49' �U S o Ins cr DZoP.��a A �° . o `g 1='f'1 � � s"• X 4 4 'f- : ---pmpertyline 153.57' - - - - - '13 r � s ,p aea• ,a } " q' PMPertylina 145.49 i 3 N wc new 2nd. floor addition Adolfo & Martha Mijares e 011- s ' m 20115 Willow Crook Rd., Diamond Bar, CA 91765 24116 Wlikrw Crook Rd., Diamond Bar, CA 91766(909)233-2436 IC- �1 ,.., (A 1 a -44,j 0 tfl�xGf �o -4, 0o G rn°ooft6 .. , a 1 N rD _. 4 !� CN 1 bm AF.•� �7 ON o� o� mF >A M V � N � Q W I X N 9 rt property line 153.57' E — 4 q a — =i1 - t�1' d.: jI lE � i^'1 i I j n T 1 pt ' Properly NnO 145.49' �U S o Ins cr DZoP.��a A �° . o `g 1='f'1 � � s"• X 4 4 'f- : ---pmpertyline 153.57' - - - - - '13 r � s ,p aea• ,a } " q' PMPertylina 145.49 i 3 N wc new 2nd. floor addition Adolfo & Martha Mijares e 011- s ' m 20115 Willow Crook Rd., Diamond Bar, CA 91765 24116 Wlikrw Crook Rd., Diamond Bar, CA 91766(909)233-2436 IC________________________________ ______I I` OI .__ -.... _. 1 �.-- R 7_ra 1 CL 1 4 s ,�• I O (I =\ m ` q m ig o o r >a' _ ___-___-__ ♦I .- ________- »^T 1\\ I I � 0 -- 0 $� jI g �'' ,.-.. ......... ice♦ ____ yo _ ': 4 t "� 9 I I ♦♦ ♦I 1 � i �= a 1 1 a " � ..SY •�,,..., .via—.r a�—a . <� ... .... .... l i I xY inew 2nd. floor addition Adolfo &Martha MI apes o 24116 WIIIaw Cmak Rd., OWrtrond S., CA 91766 n6roa i exp 24116 NCroak Rd., Dlamoad Bar, CA 91766 i 4.6 (969)267.2466 - I � � x _ ne%i 2nd. floor addition 2H16 WIlbw Croak -111 1d en,CA91266 N wnER D v�ym{a Adolfo &Martha Mijares 24116 WI1bw Croak Rd., Olnmand eat, CA SIM +@M (909)263-2486 3 N . � � 1 .:�..•.I —= IIII � t„ ,._. 1111111 ���_I�l 1, 1� _Il�t:IIt � Illtllll nit� 1 nts I (SII Innen; h1; ,_ l � �1,. ! ••)11111111111 �l (� �� 1111 11 :OIt mmml hill 2111 1111 1 11 E 111111 IIII IIt1mllmt III11I 111111111 I� • Illln.nllr 1111111 Itnt 1111111 11111010 11111 1111 ,111 It till . 111121 11111114 !11 II,1 tl t1 I 1Itlll 111 , Intel 11 11111// 11 H-11 I ; �l X11 � III II 1 II 1111III11 ,1i 11 1011111 II NEW)" ganum nl . r� n tnuun uu � m 1 m nu w num un g 1 11 1; 1IIIImI III 1111 11111 111 1 1 nnum 1 11 n nom rr mm unm m'nn un !; �� nnnnnunm nnm�1 HannIt l num If 1 '—,I nnn m nn mon u t nunuur , IIII i 1 �1 f' mm anm n 1 nu n t t 1 r ni 1 nuri8i ■_ III ..I 1 1 ! 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CA91766 2.11.1 HHHUR Property line 145.49, > new 2nd. floor addition Adolfo & Martha Mijares 291/6 Willow C—k Rd., DI—d S.,, CA 91766 24115VAII—C—k Rd, 01—d Su. CA91766 2.11.1 Project Meeting Schedule CITY OFDIAMOND BAR ^. in, .~/nrmf; COMMUNITY DEVELOPMENT DEPARTMENT PLANNING COMMISSION REVIEW PROJECTS Project Location Case# PM Applicant PC 8/8/06 cc 8115/06 PC 8/22/06 cc 9/5/06 PC 9/12/06 cc 9/19/06 21725 GATEWAY CTR. DR 2006-20 LDM/ ROYAL STREET COM. Cont. AJL (Telecommunications site) PH 1261 DIAMOND BAR BL. CUP 2006-08 LKS RICHARD KIM PH (Arcade in existing restaurant) 2707 DIAMOND BAR BL. DR 2005-38 LKS T-MObIL PH (Cell site facility) 23555 PALOMINO DR 2006-23 LKS A -P DIAMOND BAR LLC - PH CUP 2000-03(2) Montessori Academy (Modify to adjoin retail suite for 1723 ROUNDTREE DR 2006-17 DA PRO BUILDER PH MCUP 2006-08 (Addition) 24115 WILLOW CREEK DR 2006-14/ AJL MARTHA WARES PH MCUP 2006/05 (Remodel/addition) 20925 PASCO COURT DR 2006-30 LKS BODE PH MCUP 2006-10 (Addition and modification) ADMINISTRATIVE REVIEWS Project Location I t ppj Ica NONE PENDING PROJECTS Project Location Cas :--4, p t' ,526 BELLOWS DR 2006-21 AJL GUNN PROCESSING MCUP 2006-11 (Addi ion) 1336 BRIDGE GATE DR 2005-32 AJL KAISER MEDICAL APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Medical offices) WAITING FOR ADDITIONAL INFORMATION 2600 BROKEN FEATHER DR 2005-41 LKS HOUIMILES FOLSOM APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — MCUP 2005-16 (Addition/remodel — over 50%) WAITING FOR ADDITIONAL INFORMATION MV 2005-12 LEGEND PH=PUBLIC HEARING X=NON PUBLIC HEARING Project Meeting Schedule CITY OF DIAMOND BAR p2gn2 ^.~...+x,00x COMMUNITY DEVELOPMENT DEPARTMENT � � PENDING PROJECTS (continued) Project Location Case # PM Applicant Status 1200 CHISHOLM TRAIL DR 2006-19 LDM/ LEE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — AJL WAITING FOR ADDITIONAL INFORMATION CITYWIDE DCA 2006-01 AJL DEVELOPMENT CODE PROCESSING AMENDMENT CLEAR CREEK CYN/ TTM 06166 AJL AKBAR OMAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — MONUMENTCYN TM 2005-02 (5 -lot single family residential) WAITING FOR ADDITIONAL INFORMATION. NEW PLANS TO BE SUBMITTED BY DEVELOPER. 2366 CLEAR CREEK LN. DR 2006-13 LDM/ GEORGE MIDLEY APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — AJL (Demo and rebuild single family WAITING FOR ADDITIONAL INFORMATION TERMINUS AT CROOKED VTTM 54081 AJL DANIEL SINGH FINALIZING MITIGATED NEGATIVE DECLARATION — CREEK (19 Lot residentiallsubdivision) NOTICE OF AVAILABILITY REVIEW PERIOD BEGINS JULY 28, AND ENDS AUGUST 28,2006 150 DIAMOND BAR BL. CUP 2006-02 SC CHEVRON PRODUCTS APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — DR 2006-05 (Demolish and rebuild gas station) WAITING FOR ADDITIONAL INFORMATION CSP 2006-01 1 206 DIAMOND BAR BL. ZC 2005-02 AJL SHELL APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — CUP 2005-07 (Remodel/addition of car wash) WAITING FOR ADDITIONAL INFORMATION DR 2005-36 SR 2005-32 23655 FALCONS VIEW DR 2006-02 LDM/ CHIEN YEH APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — AJL (Demo of and construction of new WAITING FOR ADDITIONAL INFORMATION single family residence) 1948 FLINT ROCK DR 2006-25 LDMI LEU APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — var 2006-01 AJL (New three story residence) WAITING FOR ADDITIONAL INFORMATION 1600 GRAND CUP 2005-08 AJL CINGULAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Wireless at Diamond Bar Center) WAITING* FOR ADDITIONAL INFORMATION 2260 INDIAN CREEK DR 2006-28 AJL DEREKLEE PROCESSING (Single family resi ence) (99 single family residential) 21324 PATHFINDER DR 2004-33 LKS MOHAMAD SALIMNIA APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Gas station remodel) WAITING FOR ADDITIONAL INFORMATION Project Meeting Schedule CITY OF DIAMOND BAR Page 3 rinr%AI\AHr\IITV nP\11=1 nPRAPKIT npi3ARTl\Al=WT MUYUbL 0, 4uuu PENDING PROJECTS (continued) Project Location Case# PM Applicant Status 2201 PEACEFUL HILLS CUP 2006-05 SC NEXTEL Wireless facility) APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 23121 RIDGELINE DR 2006-18 AJL HGUI new single family residence) APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 2151 RUSTY SPUR DR 2006-26 LDM/ AJL STEVEN HSIEH —GRACE COUNTRY DEV. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION (New single family residence) 2887 SHADOW CANYON DR 2005-35 TP 2005-09 LKS EKO KUNJORO (New single family residence) APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION. NEW PLANS TO BE SUBMITTED BY DEVELOPER 2695 SHADY RIDGE DR 2005-21 LKS XLART GROUP APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 1425-SUMMITRIDGE Diamond Bar Center) CUP 2006-03 DR 2006-16 AJL OMNIPOINT COM. (Wireless co -location) APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 24142 SYLVAN GLEN Peterson Park) CUP 2006-01 DR 2006-01 LKS CINGULAR (Expand telecommunication facility) APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 3015 WAGON TRAIN DR 2003-27/ TP 2003-08/ AJL LAUREN PARK (Extension of time) APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION MCUP 2004-02 20405 WALNUT DR 2005-34 I AJL LAMPS.PLUS (Warehouse/retail building) APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On August 8, 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. 1, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On August 4, 2006, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on August 8, 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 Diamond Bar Li ' brary 1061 Grand Ave. Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on August 4, 2006, at Diamond Bar, California. C2 Stella Marquez Community Development Department g:\\affi davi tposting.doc