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Home My WebLink About09/26/2006PLANNING FILE COPY COMMISSION September 26, 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. Ityou have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or 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 recycled 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 art 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: Is CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, September 26, 2006 CALL TO ORDER: . 1 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2006-38 1. 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 Speakers Card for the recording 'Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission, 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 * Minutes of Regular Meeting: September 12, 2006. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING: 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 August 8, 2006) Project Address: 21725 E. Gateway Center Drive (Holiday Inn Select) SEPTEMBER 26, 2006 PAGE 2 PLANNIN.0 COMMISSION Property Owner: Oak Creek, Ltd. Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 Applicant,: Royal Street, LLC- Maree Hbeger, 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 approve Development Review 2006-20 & Conditional Use Permit 2006-07, Findings of Fact, and conditions of approval as listed within the draft resolution. 8. PUBLIC HEARING(S): 8.1 Development Review No. 2004-120) — In accordance to Sections 22.48 and 22.66.050 of the Diamond Bar Development Code, the applicant requests a one year extension of time approval to begin construction on the previously approved two-story, single family residence of approximately 3,864 gross square feet including balcony and two car garage and a site retaining wall with a maximum'six feet exposed height. Project Address: 1196 Chisholm Trail Property Owner/ Narinder and Aasha Kumar Applicant: 13535 Flatbush Avenue Norwalk, CA 90650 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA), Section 15303(a). The Planning Commission previously certified that the project is environmentally categorically exempt. No -additional environmental review is required for the extension request. SEPTEMBER 26, 2006 a 10. 11. PAGE 3 PLANNING COMMISSION Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2004-12(1), a one year extension of time to begin construction subject to compliance with all terms and conditions of Planning Commission Resolution No. 2004-30 as listed within the attached resolution. PLANNING COMMISSION COMMENTS I INFORMATIONAL ITEMS: STAFF COMMENTS I INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING 12. ADJOURNMENT: Thursday, September 28, 2006 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive Tuesday, October 3, 2006 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Tuesday, October 10, 2006 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, October 12, 2006 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive , MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 12, 2006 Vice Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Wei led the Pledge of Allegiance. 3 2. 3. 4. 5. 6. 7. ROLL CALL: Present: Commissioners Kwang Ho Lee, Tony Torng, Osman Wei and Vice -Chairman Steve Nelson. Also present: : Nancy Fong, Community Development Director and Stella Marquez, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: As Presented. CONSENT CALENDAR: - 4.1 Minutes of the Regular Meeting of August 8, 2006. C/Torng moved, CAVei seconded to approve the minutes of the regular meeting of August 22, 2006. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Wei, Lee, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OLD BUSINESS: None NEW BUSINESS: None PUBLIC HEARINGS: 7.1 Amendment No. 2 to Development Agreement 2004-01- between the City of Diamond Bar and Lewis -Diamond Bar, LLC for the Diamond Bar Village Specific Plan, a 71 -acre development consisting of 180 multi -family residential units and up to 270,000 square feet of commercial, retail and fDRAFT SEPTEMBER 12, 2006 PAGE 2 PLANNING COMMISSION institutional uses. The proposed amendment was to consider proposed changes to the financial terms of the contract and the minor changes to the schedule of performance. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: South of Grand Avenue and East of Golden Springs Drive Diamond Bar, CA 91765 Lewis -Diamond Bar, LLC 1156 N. Mountain Avenue Upland, CA 91785 CDD/Fong presented staffs report and recommended Planning Commission adoption of a resolution recommending City Council approval of Amendment No. 2 to Development Agreement 2004-01. CDD/Fong responded to Commissioner's questions and concerns. VC/Nelson opened the public hearing. Kareem Ali, Target Corporation, 1000 Nicolette Mail, Minneapolis, Minnesota, agreedwith staffs report and reiterated Target's request to defer the traffic impact fee for the out parcels to when they are developed in accordance with Target's intent of the original development agreement. C/Lee felt that Target should be responsible for paying the traffic impact fees for parcel 2 and 3 now because the most significant traffic impacts would result from the Target site. Mr. Ali responded that the impact fees were fairly based on square footage and -trip generations for residential, church, anchor and two out parcels that were determined by the traffic engineer prior to Target coming in as an anchor and as such, the subdividing of the properties would have no bearing on the traffic impacts as determined through the study. CDD/Fong'stated that the traffic study was based on the proposed use and not so much on the.number of parcels. In fact, Target would not have to subdivide in order to build two retail or restaurant buildings. One parcel could have several buildings and the traffic study was based on buildings and their uses to determine trip generation. It is independent of the number of parcels and whether or not the parcels are subdivided would not affect the 91 I E" PAGE 3 PLANNING COMMISSION traffic study. Since there has been no build -out of the pads, Target has requested to. delay payment of the impact fees until development and when the pads are developed the fees will be paid. VC/Nelson closed the public hearing. C/Torng moved', C/Wei seconded to adopt a resolution recommending City Council approval of Amendment No. 2 to Development Agreement 2004-01. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Wei, VC/Nelson NOES: COMMISSIONERS: Lee ABSENT: COMMISSIONERS: None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: CDD/Fong provided an update on the progress of the Country Hills Towne Center development rehabilitation project at the request of C/Torng. The project is on schedule. CDD/Fong reported that C/Torng was cleared by CA/Jenkins to participate in discussions and vote on the JCC Development. C/Torng complimented staff on their professionalism. VC/Nelson asked if there was a target date for a new Planning Commissioner and CDD/Fong responded that Council Member Tye was planning to offer his Planning Commission appointment sometime in October. STAFF COMMENTS/INFORMATIONAL ITEMS. 10.1 Public Hearing dates for future projects. CDD/Fong proposed a Study Session training workshop on CEQA and how it would tie-in to the JCC Project for September 26. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. PAGE 4 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Nelson adjourned the meeting at 7:40 p.m. Attest: Respectfully Submitted, Nancy Fong Community Development Director Steve Nelson, Vice Chairman 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www,Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: September 26, 2006 CASE/FILE NUMBERt Development Review No. DR 2006-20 & Conditional Use Permit No. CUP 2006-07 PROJECT LOCATION: 21725 Gateway Center Drive Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of plans to install roof and wall mounted wireless communication facilities on the Holiday Inn. PROPERTY OWNER(S): Oak Creek Limited Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICANT(S): Royal Street Communications, LLC. Agent: Maree Hoeger, Core Communications Group 1028 Saga St. Glendora, CA 91741 STAFF Conditional Approval RECOMMENDATION: DR 2006-20 & CUP 2006-07 PAGE 1 A. Project Description: The applicant is requesting approval of a Conditional Use Permit and a Development Review Application to install new wireless communication facilities mounted on the existing hotel, Holiday Inn. The proposed wireless facility will include antennas mounted on the north, east and west sides of the hotel. All new antennas will be screened from view as shown on the submitted plans. The roof -mounted equipment will be surrounded by a seven -foot high.screen wall painted to match the existing building. B. Site Description: The site is legally described as Lot 3, Tract 39679 and the Tax Assessor Parcel No. is 8293-050-003. The site is 3.5 acres in size and developed with a sixty-three foot high multi -story hotel, Holiday Inn. The hotel is situated atop a prominent, building pad that is elevated above the adjacent public street and the adjoining Pomona Freeway. The hotel contains existing roof mounted wireless communication antenna owned and operated by Cingular and Nextel. The existing antennas are visible above the parapet wall. ANALYSIS: A. Review Authority (Sections 22.42, 22.48) The installation of roof -mounted wireless communication antenna requires the issuance of a Conditional Use Permit. The proposed modification of the existing hotel building to accommodate the new roof -mounted wireless antenna requires approval of a Development Review Application. B. Site and Surrounding General Plan, Zoning and Uses DR 2006-20 & CUP 2006-07 PAGE 2 General Plan Zone Uses Site Professional Office Office Business Park Holiday Inn (OB) North Commercial Community Gateway Corporate Commercial (C2) Center South Professional Office Office Business Park Gateway Corporate (OB) Center East Professional Office Office Business Park Gateway Corporate (OB) Center West Professional Office Office Business Park Gateway Corporate (OB) Center DR 2006-20 & CUP 2006-07 PAGE 2 C. Development Review (22.48) The following comparison (Table 1-1) shows that the proposed project meets the City's development standards for wireless communication antennas located in the Office Professional (013) zone: Table 1-1 Wireless Communication Antenna Development Standards Development OB Zone — Development Proposed Meets Feature Standard Requirements Antennas must be screened Adequate screening Yes Concealed antennas from view provided Height & Screening 15 -feet above the existing Screen Panels T-0" Yes roof Permitted Use Zone Permits wireless Concealed Wireless Yes antennas antenna" Roof Top Elements to be Roof Top and building Architectural architecturally integrated Fagade Proposal is Yes Integration with building architecture consistent with the design of the existing- building Required and 15 feet max. Screen provided — both Yes Screening height fagade and.Roof To " Base Station Screen Required Base Station located on the Yes screening Roof To & Screened Underground utilities Underground Utilities Yes Underground utilities required provided Required to prevent Proposed project is secured Security Features unauthorized entry and from access by the general Yes vandalism public Landscaping Required Site Fully Landscaped Yes Proposed project is secured Fencing Required from access by the general Yes public FinishMust blend with building Propo , sed color consistent Yes with building color Lighting shall be limited to No additional lighting Yes Lighting mandatory safety lighting proposed Signs and Advertising No signs or advertising Yes Signage Prohibited prohibited proposed Co=location Property owner & applicant Proposed project is Yes Agreement future must consent to the future consistent with co -location DR 2006-20 &CUP 2006-07 PAGE 3 D. Conditional Use Permit Section 22.42.130 Development Code prohibits the placement of multiple freestanding antenna and equipment housing structures within the same parcel, but specifies that new wireless antenna shall co -locate with existing facilities. The proposed project is consistent with the regulation to co -locate on the same building since there are two existing wireless facilities located approximately 75 feet to the east and west of the proposed facility. The result is three wireless antenna facilities on this site and the hotel rooftop. The proposed project includes screened antennas located on the north, east and west building facades. E. View Impact The proposed screened antenna facility will be painted the same color as the existing building. The applicant has made a concerted effort to maintain the building design elements on the north facing fagade. The applicant proposed screening element on the east and west building elevations that will blend with the existing building elements. The roof -mounted equipment will be surrounded by a 7 - foot high screen wall that will be painted to match the building color. F. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the recommended conditions of approval. G. General Plan, Design Guidelines and Compatibility with Neighborhood Strategy 1.1.3, Areas designated as Professional Office (OP) are to provide for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. DR 2006-20 & CUP 2006-07 PAGE 4 co -location of facilities regulations The site must be Conditions will be Maintenance maintained in good recommended to comply Yes condition with this requirement If antenna is abandoned for Abandonment & 6 months it must be Condition recommended Yes removal removed Bonding Bonding may be required to Condition recommended Yes guarantee removal D. Conditional Use Permit Section 22.42.130 Development Code prohibits the placement of multiple freestanding antenna and equipment housing structures within the same parcel, but specifies that new wireless antenna shall co -locate with existing facilities. The proposed project is consistent with the regulation to co -locate on the same building since there are two existing wireless facilities located approximately 75 feet to the east and west of the proposed facility. The result is three wireless antenna facilities on this site and the hotel rooftop. The proposed project includes screened antennas located on the north, east and west building facades. E. View Impact The proposed screened antenna facility will be painted the same color as the existing building. The applicant has made a concerted effort to maintain the building design elements on the north facing fagade. The applicant proposed screening element on the east and west building elevations that will blend with the existing building elements. The roof -mounted equipment will be surrounded by a 7 - foot high screen wall that will be painted to match the building color. F. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the recommended conditions of approval. G. General Plan, Design Guidelines and Compatibility with Neighborhood Strategy 1.1.3, Areas designated as Professional Office (OP) are to provide for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. DR 2006-20 & CUP 2006-07 PAGE 4 The proposed project, which consists of the installation of an additional wireless antenna on the roof and fagade of an existing hotel, complies with the adopted goals and objectives as set forth in the General Plan. The proposed project will not negatively affect the existing land uses located in the surrounding neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15332. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-07 and Development Review No. 2006-20, Findings of Fact, conditions of approval and Standard Conditions, as listed within the attached resolution. Prepared by: Reviewed by: David D. Meyer Nancy Fong, AICP LDM Associates, Inc. Community Development Director ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Burden of Proof submitted by applicant; 3. Exhibit "A" — site plan, floor plan, and elevations. DR 2006-20 & CUP 2006-07 PAGES PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-07 AND DEVELOPMENT REVIEW NO. 2006-20, FOR THE REQUEST TO INSTALL ROOF AND WALL MOUNTED COMMUNICATION FACILITIES ON THE HOLIDAY INN BUILDING, LOCATED AT 21725 GATEWAY CENTER DRIVE — APN: 8293-050-003. A. RECITALS The Planning Commission considered an application filed by Royal Street Communications, LLC., on behalf of the property owner Oak Creek Limited partnership, requesting approval of plans to install a wireless communication antenna on the roof and building facade of an existing hotel addressed as 21725 Gateway Center Drive. 2. The subject property is zoned Office Business Park (OB) and it contains 3.5 acres of land area. 3. The subject property is legally described as Lot 3, Tract 39679 and the Assessor Parcel Number (APN) is 8293-050-003. 4. Public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site. and at three other locations within the project vicinity. 5- On July 11, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing and continued the hearing to August 8, 2006, at the request of the applicant. On August 8, 2006, the Planning Commission continued the public hearing to September 26, 2006, at the request of the applicant. The applicant requested the continuances so that the applicant could obtain approval from the Gateway Center Owners Association. 6. On September 26, 2006, the Planning Commission conducted the continued public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date.. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the .City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15301 and 15332 of the CEQA Guidelines. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (a) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and it complies with all other applicable provisions of this development code and the Municipal Code. The proposed use as a co -located roof top and building facade wireless communication antenna is permitted in the Light Industrial zone with the issuance of a conditional use permit. (b) The proposed use is consistent with the general plan and any applicable specific plan. The proposed use is permitted in the OB (Office Business Park) zone and the proposed project is consistent with the goals and objectives of the adopted general plan and the Gateway Center Specific Plan. 2 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 (c) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The roof mounted and building facade wireless communication antennas are to be screened from view in a manner consistent with the existing building architecture. (d) The subject sit is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The subject 3.54 acre site developed with a hotel is adequate in size to accommodate the additional roof mounted screened equipment and the facade mounted screened antennas. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The proposed addition of a. roof mounted screened wireless communication equipment and the screened tagade mounted antennas will improve service to the general public. The facility is to be located on the'roof and building fagade of a multi -story hotel. The minor improvement will not be detrimental to the general public or the goals and objectives of the adopted general plan. DEVELOPMENT REVIEW The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site has an existing multi -story hotel. The proposed roof mounted wireless communication equipment and the facade mounted screened antennas are consistent with the zone's development standards and design guidelines. .(g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. 3 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 Wr- The addition of the proposed roof mounted screened communications equipment and the fagade mounted screened antennas will not impact the existing or future development of the site or the surrounding neighborhood. (h) The architectural design of the proposed development is compatible with the he c - harac - te ri I st - ics of the - surrounding - I , --- neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed roof mounted screened wireless communication equipment and the facade mounted screened antennas are consistent with the architecture of the existing building. The proposed addition will be screened from view from the surrounding neighborhood. (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. The project's design is consistent with other multi -story hotels and office buildings in the neighborhood. The roof mounted equipment and the fagade mounted antennas will be screened from view from the surrounding parcels of land. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed roof mounted communication equipment and the fagade mounted antennas will not negatively impact the public health, safety or general welfare. The added communication facilities will improve the general public's use of communication technology. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Applicant shall insure that the property is properly secured to prevent unauthorized access to thecommunication facilities. 4 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 (2) Signs and advertising shall be prohibited on the screened wireless antenna. (3) No additional lighting shall be installed on the screened wireless antennas or associated equipment. (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. (5) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. (6) The applicant and the property owner must consent to the future co -location of facilities on the building or support structure unless technical considerations preclude that co - location. (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the roof mounted antenna within 90 -days of notification by the City. (8) The applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months b. Building and Safety Division (1) Fire Department approval may be required. Please contact the Fire Department. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the 5 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 w Building and Safety Division prior to the issuance of building permits. (4) Applicant shall provide window and door schedule for Building and Safety plan check. I (c) The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A". The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit'a certified copy of this Resolution, by certified mail to the applicant and the property owner. APPROVED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2006, BY TH PLANNING COMMISSION • THE CITY • • BAR. I 0 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 26th day of September 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 6 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 DEN PROJECT No.: Conditional Use Permit No. CUP 2006-07 & Development Review No. 2006-20 SUBJECT: Installation of screened roof mounted wireless communi- cation equipment and four fagade mounted antennas. PROPERTY Oak Creek Limited Partnership OWNER: APPLICANT: Royal Street communications, LLC LOCATION: 21725 Gateway Center Drive, 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. 2006-20 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: 7 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 (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 Conditional Use Permit No. 2006-07 and Development Review No. 2006-20, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 8 Draft Planning Commission Resolution No. 2006 -XX 'CUP 2006-07 & DR 2006-20 10. Property owner/applicant shall remove the public hearing notice board within three days of this projects approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 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 Conditional Use Permit No. 2006-07 & Development Review No. 2006-20 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)( 1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" dated September 26, 2006, including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping/irrigation plan and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof mounted and facade mounted equipment shall be screened from public view. 9 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 F40001&lno 1011101YI-ly-111 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. F. UTILITIES The proposed project shall be served underground by all public utilities I I ao] RX0111 I, I OEM 1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). U 1014 WA Z I I LGRI I IC :40181 &W 14 F -11Z Log WA I I : I 1 0 1 :_a W41 14 W-GIVY1 I k� MKO] 0 11] 1= 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. 10 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. - End of Conditions - 11 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 1. The design and layout of the proposed development are consistent with the General Plan development standards of the applicable district, design guidelines, and architectural criteria for special areas. The design and layout of the project are consistent with the General Plan, O -B Zone, and Section 22.42.130 - Development Standards for Wireless Telecommunications Antenna Facilities. The following demonstrates how the proposed facility meets all of the requirements for Administrative Review listed under Section 22.42.230(G)(2). a. Concealed Antennas. The proposed antennas are architecturally integrated into the north, east, and west facing building elevations so as not to be recognized as an antenna facility. Each antenna will be boxed and finished to match the hotel. As evidenced in the photasimulabons, the proposed antennas are placed symmetrically on the parapets to blend in with the existing building design. b. Height and Screening. The proposed antennas do not exceed the height of the existing roofline and are fully screened from View. Each antenna box will be textured and painted to match the building. The equipment cabinets will be centrally located on the western portion of the roof and screened from view by existing architectural elements that extend above the north and south facing parapets. The proposed facility Will not exceed the maximum allowable height for development in the O -B zone. c. Minor Addition/ Modification. Not applicable to this application. d. Base Stations. The four (4) proposed equipment cabinets will be centrally located on the western portion of the roof and screened from view by existing parapets. The equipment will extend only a total of three (3) feet above the parapets. As documented on the line -of -sight plan dated May 3, 2006, the rooftop equipment will not be visible from public View behind the five (5) foot tall decorative roof projections. e. Freestanding Antenna Structures. Not applicable to this application. f. Development Standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards set forth in Section 22.42.230 (H) as follows: • The proposed facility will be architecturally compatible With the existing building in that each antenna will be tastefully screened and integrated into the north, east, and west building elevations; ® The facility will be minimally visible from any vantage point because the antennas are screened and finished to match the hotel, and the rooftop equipment will be centrally located on the roof and screened by existing parapets; ® The base stations are concealed from public View on the roof; ® All utilities and connection cable ' s will be located on the roof of the hotel and fully screened from View behind the existing parapets; - • Security is not applicable since access to facility is available only through the inside of the hotel; ® Landscaping is not applicable; ® Fencing is not applicable; ® The antennas and equipment Will have a noncorrosive, nonmetallic finish and be painted to match the existing hotel; ® No lighting is proposed; ® No additional signage is proposed; ® Royal Street/Metro PCS and the property owner consent to the .future co - location of facilities on the building/property. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed facility will not, in any way, interfere With the use and enjoyment of neighboring developments, and will not create traffic or pedestrian hazards. The proposed project is a minor addition to the existing hotel. The project involves the installation of six (6) screened antennas and one (1) screened microwave dish mounted on the building parapet and four (4) equipment cabinets mounted on the roof of the building, screened from public View. The facility is unmanned. After an initial construction. period of 21-30 days, the only traffic generated will be for routine maintenance visits, typically once or twice a month. There are no activities that Will produce airborne emissions, odor, vibration, heat, glare, or noxious and toxic materials.. All equipment and materials needed to operate the site are located on the roof of the building and screened from view. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by the Development Code and General Plan. The design of the proposed rooftop wireless communications facility is compatible with the character of the surrounding neighborhood and will maintain the harmonious and attractive development contemplated by the Development Code and General Plan. The proposed facility will consist of a small addition to the roof and parapet of the hotel. The antennas will be boxed and finished and painted ' to match the building. The equipment cabinets will be screened from public view by existing building parapets. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing. The proposed development. will provide a desirable environment through good aesthetic use of materials and color. The antennas are architecturally integrated into the north, east, and west building elevations so as not to be readily recognized as an antenna f6cility. The equipment cabinets will be screened from view on the roof of the hotel. As shown in the photosimulations, the proposed facility is minimally visible from either the freeway or street and is architecturally compatible with the existing structure. S. The proposed development will not be detrimental to the Public'health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. The proposed facility will not be detrimental to the public or materially injurious to the properties in the Vicinity. The proposed project is a minor addition to the existing hotel. The project involves the installation of a total of six (6) fully screened antennas and one (1) fully screened microwave dish, and four (4) equipment cabinets on the roof of the building. The equipment Will extend only three (3) feet above the parapet and be screened by existing architectural elements that extend above the parapets. The facility is unmanned. After an initial construction period of 21-30 days, the only traffic generated will be for routine maintenance visits, typically once or twice a month. 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I e f t.t�1 °`1ir"1' «�' 1 MM �,��., �yy t t t , a t 9 ♦ 1 1 y,l i51 rt +1 l{�� S� N't>� 11 r r 15,3`,. +�, F +a (t�slL �1r i�i t. 9g• , +ti 4 R l+ �tsl e y Il� 1 i ° t t hu ry { Za .a f es' 1 ..i'is'"`ate' p .Ary S+I�l� k "r a ll �' f P ). ;� � 1 1� � s�Ri�'i+ '� � j a � ♦+1.� t, 1 1 t Di r t i+ '.�e� ii 4 1t J SJ . 1 tt l ti i 5 a 5 Y,K 7a; fFlsr J J L +S i cc �{ �tf!tlfS tT l� f}}+'" ly FKhM`�7+�+�ffyl`1 ( �i'+ 1y1iv �nVflll(Il i of<151a"tP. s{ �iF�4.:�ry �h;rj�' J N im m D N i m {7 m z m M 0 A m 0 D 3 Z 0 03 D A C) D N m '4 m � �t 1111 JLyAAjUVA%,Y.&V1ALV JLAFAJLMLIL PLANNING COMMISSION AGENDA REPORT CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS/APPLICANTS: STAFF RECOMMENDATION: HE September 26, 2006 Development Review 2004-12(1) 1196 Chisholm Trail Request for one year extension of time to exercise the entitlement for the approved two-story single-family residence Narinder and Aas ha Kumar Approve the one year extension The Planning Commission adopted Resolution No. 2004-30 on July 27, 2004 for the proposed project. The applicant was given until July 27, 2006 to obtain permits and complete significant construction. Because the applicants changed g-botechnical and civil engineers during the preparation of the required soils report, it caused a year's delay between submittals. The soils report is approved. However, the time needed for preparation of the final grading plan, the construction plans, and the reviews will exceed the 2 -year time period. ANALYSIS: A. Review Authority per Diamond Bar Municipal Code (DBIVIC) Section 22.66 The applicant has proceeded in good faith and has exercised due diligence in seeking to establish the entitlement. The Planning Commission as the original review authority is responsible for reviewing and approving an extension of time request. B. Site and Surrounding General Plan, Zoning and Uses C. Development Review-DBIVIC Section 22.48 Exhibit "A" plans are the same as those approved by the Planning Commission in July 2004. Staff compared the plans with current codes and found the project continues to be consistent with the City's General Plan, Development Code, and Design Guidelines. Page 2 (DR 2004-12(1) General Plan Zone Use Site Low Density Residential R-1 -8,000'Single-family Single-family (RL) Residential (SFR) -Lot size Residence (SFR) 8,000 square feet North Medium Density R -1 -8,000 -SFR SFR Residential (RM) R-3-8,000 30U -Multi- Multi -family family Residential residence -condos South RL R -1 -8,000 -SFR SFR East RL R -1 -8,000 -SFR SFR West Medium High Density R -4 -40U -Multi -family Multi -family Residential (RM!I) Residential residence -condos C. Development Review-DBIVIC Section 22.48 Exhibit "A" plans are the same as those approved by the Planning Commission in July 2004. Staff compared the plans with current codes and found the project continues to be consistent with the City's General Plan, Development Code, and Design Guidelines. Page 2 (DR 2004-12(1) NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a *copy of the legal notice was posted at the City's designated community posting, sites. ENVIRONMENTAL ASSESSMENT: The Planning Commission certified in their Resolution No. 2004-30 that the proposed project was categorically exempt in accordance with the 1970 California Environmental Quality Act (CEQA), Section 15303(a). The extension of time request does not require additional environment review. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2004-12(1), a one year extension of time to begin construction subject to compliance with all terms and conditions of Planning Commission Resolution No. 2004-30 as listed within the attached resolution. Prepared by: Reviewed by. Linda Smith Nancy Fong, A Pl� Development Services Associate Community De elopm Attachments: I Draft Resolution granting a one year extension of time to exercise the entitlement; 2. Planning Commission Resolution No. 2004-30; 3. Aerial; 4. Exhibit "A" — Site plans, floor plans, roof plan and sections, elevations, landscape plan dated September 26, 2006. Page 3 (DR 2004-12(1) U 10 DRAFT ATTACHMENT 1" PLANNING COMMISSION RESOLUTION NO. 2006-xx A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE YEAR EXTENSION OF TIME DEVELOPMENT REVIEW 2004-12(1) FOR A SINGLE-FAMILY HOUSE TOTALING 3,864 SQUARE FEET AND INCLUDING A SITE RETAINING WALL WITH A MAXIMUM HEIGHT TO SIX (6) FEET _RECITALS 1 The property owners, Narinder and Aasha Kumar filed an application requesting a one year extension of the time to exercise the entitlement approved with Planning Commission No. 2004-30. The extension of time is from July 27, 2006 to July 27, 2007. 2. The subject property is addressed as 1196 Chisholm Trail, Diamond Bar, Los Angeles County, California 91765. The site is legally described as Lot 13, Tract 37873. The Assessor Parcel Number is 8717-026-012. 3. Public hearing notices were . mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. 41 4. On September 26, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 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 the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission finds that the subject project was determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) on July 27, 2004, and that a request for an extension of time to begin construction does not require additional environmental review. 3. There have been no changes to the provision of the General Plan, any applicable specific plan, this Title, or the Development Code applicable to the project since the approval of the project. 4. The applicant has proceeded in good faith and has exercised due diligence in seeking to establish the entitlement. The change of consultants and the preparation to obtain an approved soils report took approximately 20 months. As a result, the preparation of the grading and construction plans has been delayed. Therefore, the applicant requests a one year extension of time to complete the City's process prior to the issuance of any City permits. 5. Based upon the information provided including written and oral staff reports, the contents of Planning Commission Resolution No. 2004-30, and together with public testimony, this Planning Commission hereby finds and concludes that there is sufficient reason to approve a one year extension subject to the following conditions: (a) The project shall substantially conform to Development Review No. 2004-12 approved via Planning Commission Resolution No. 2004-30; and Exhibit "A" as submitted and approved by the Planning Commission on July 27, 2004, and as amended herein. (b) All conditions of approval for Development Review No. 2004-12 under Planning Commission Resolution No. 2004-30 shall remain in full force and effect except as amended herein. (c) This extension of time, Development Review No. 2004-12(1) is valid for one year and shall be exercised (i.e., obtained'a building permit with continuous on-site construction activity including pouring of foundation, installation of utilities and other substantial improvements has commenced) within that period or this approval shall expire on July 27, 2007. (d) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed with the City of Diamond Bar Community and Development Services Department, within fifteen (15) days of this approval, their affidavit stating that they are aware of and agree to accept all the conditions of this Resolution. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Narinder and Aasha Kumar, 13535 Flatbush Avenue, Norwalk, CA 90650. 2 Planning Commission Resolution No. 2004-12(1) APPROVED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. AM 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 27th day of September 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN- Commissioners: ATTEST: Nancy Fong, Secretary 3 Planning Commission Resolution No. 2004-12(1) ATTACHMENT "2" PLANNING COMMISSION RESOLUTION NO. 2004-30 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANKING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-12 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE. FAMILY RESIDENCE OF APPROXIMATELY 3,864 GROSS SQUARE FEET INCLUDING BALCONY AND TWO CAR GARAGE AND A SITE RETAINING WALL WITH A MAXIMUM SIX FEET EXPOSED HEIGHT. THE PROJECT SITE'S ADDRESS IS 1196 CHISHOLM TRAIL (LOT 13, TRACT 37873), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owners/applicant, Narinder and Aasha Kumar, filed a Development Review No. 2004-12 application for a property located at 1196 Chisholm Trail, 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. On July 13, 2004, 1,166 property owners within the project site's 700 feet radius were mailed a public hearing notice. On July 16, 2004, the public hearing notification for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily. Bulletin newspapers; the site was posted with a display board; and three other sites were posted within the application's vicinity. 3. On July 27, 2004, the City of Diamond Bar Planning Commission 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: 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 per the 1970 California Environmental Quality Act (CEQA), Section 15303(a). 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 wi ld ' I - ife _resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project is in Tract 37873, a 51 -lot subdivision. The site is one of the four remaining vacant lots off Cahill Place and Grand Avenue approved by Los Angeles County prior to City incorporation. The approximately .27 acre, 11,630 square feet, vacant lot's address is 1196 Chisholm Trail. The irregularly shaped lot slopes downward toward the shopping center on the corner of Golden Springs Drive and Grand Avenue. (b) The project site's General Plan land use designation is Low Density Residential (RL) Maximum 3 DU/Acre and the zoning designation is Single Family Residence -Minimum Lot Size 8,000 Square Feet (R -1- 8,000). R-1-8,000). (c) The following zones and uses surrounds the project site: to the north is the R-1-8,000 and R-3-8,000 30U zones and Sycamore Canyon Park; to the south is the R-1-8,000 zone and Grand Avenue; to the east is the R-1-8,000 zone; and to the west is the R -4-4U (condominiums) zone. (d) The application is a request to construct a two-story, single family residence of approximately 3,864 gross square feet including balcony and two car garage and a site retaining wall with a maximum six feet exposed height. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned. developments. K Although the vacant project site was established before the adoption of the City's 1995 General Plan, the proposed project complies with the adopted General Plan's elements for Low Density Residential (RL) land use designation. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The proposed use is zoned for Single Family Residence -Minimum Lot Size 8,000 Square, Feet (R-1-8,000). The main structure and its placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Municipal Code. The proposed design and layout is compatible with the eclectic architectural style, design, materials, and colors surrounding area's existing homes. There is no specific or additional community planned development for the site. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. The project site is currently an undeveloped lot within an existing tract designed for single family homes. The proposed new construction does not change the use intended fof the site as a single family residence.. The main structure and its placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Municipal Code. The proposed design and layout is compatible with the architectural style, design, materials, and colors of existing homes within the surrounding area. The developed property is not expected to unreasonably 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 proposed residence's architectural style is compatible with other residences within the tract The prominent architectural features at the streetscape include a single story with two car garage, dual entry door, porch, and the arch stucco window treatment shown on the west elevation on Exhibit "A". As conditioned herein; this feature be required and repeated on all elevations foraesthetics. The balconyat the rear elevation breaks the mass, and the structure cascades with 3 the slope. These features and the varying roof lines add texture and contrast. The proposed materials/colors board allows variation when compared to the other homes, and therefore, provide a desirable environment for its occupants, visiting public,, and its neighbors. The application is consistent with the City's Development Code and Design Guidelines. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City. Design Guidelines. There is no applicable specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The palette and the building's architecture blend into the streetscape nicely. A guiding principal for good site planning is that the siting and design of structures and landscaping should ensure that all blend into the terrain and do not dominate the landform as seen from lower elevations. This product does not oppose the above guiding principal and it cascades with the slope at a maximum height of approximately 30 feet. The application is consistent with the City's Development Code -and Design Guidelines. As referenced in the above findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project will provide a desirable environment for its occupants, visiting public, and its neighbors, through good aesthetic use of materials, texture, and color that .will remain aesthetically appealing. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single family residence. (i) The proposed project will 'not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties* or improvements in the vicinity. Soils and hydrology reports, fire department 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 health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. El! The subject site is a sloping lot and the project cascades with the slope. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)- The City has determined that this project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303(a). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, sections, grading plan, landscape/irrigation plan, and mate rials/colors board collectively labeled as Exhibit "A" dated July 27, 2004, as submitted to and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a -condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property.owner, applicant or by duly p , ermitted 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. The fence shall remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. 5 (d) Prior to the grading plan review, the applicant shall submit a geotechnical report prepared by Geotechnical Engineer, licensed by the State of California-, for review and approval by the City. (e) Upon approval of the geotechnical report, the applicant shall * submit a Drainage and Grading Plan prepared by a Civil Engineer, licensed by the State of California, for review and approval. Surface water must drain away from building (2% minimum slope). (f) The Grading Plan shall be prepared in accordance with the City's Requirements for Grading Plan Check. Requirements for grading plan check can be obtained from the Public Works Division. (g) - The Grading Plan shall indicate the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall; and construction details shall be indicated on the Grading Plan. (h) Prior to any Building and Safety Division submittals, a grading permit shall be obtained from the Public Works Division. (i) Prior to building permit issuance., retaining wall design and calculations shall be submitted to the City's Building and Safety Division for review and approval. The Applicant shall provide service connections for Water, Sewer, Gas, Electric, etc., on the grading plan. (k) An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures must be * implemented during construction between October 1 and April 16. (1) This project is not exempt from the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements and Best Management Practices (BMPs) shall be incorporated into the project plans for both construction and post -construction activities. BMP Fact Sheets can be obtained through the Public Works Division. (m) An encroachment permit shall be required and obtained from the Public Works Division to construct a new 5 foot wide sidewalk behind the existing curb and gutter in front of the applicant's property and to construct a new driveway approach. This encroachment permit must be obtained and the construction of the sidewalk and driveway 59 approach installed prior to any final inspections. The garage is set back less than 24 feet from the roadway; therefore, the width of the driveway shall not exceed the garage door width plus two feet. (n) I The Applicant shall replace existing depressed curb and gutter at driveway and approximately 10 feet of existing curb and gutter to the north of the driveway. Any centerline ties that are removed as part of this construction shall be replaced and recorded with the County of Los Angeles Public Works Surveyor prior to any City final inspections. All storm water 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. If required by the Public Works Director, a hydrology study shall be submitted with the drainage plans. (p) Finished slope shall conform to City Code Section 22.22.080. The maximum allowed slope is 2:1. (q), Rough and final grade certifications by project soils and civil engineers shall be submitted to the Public Works and Building & Safety Divisions prior to placement of concrete pads and the issuance of any final inspections respectively. (r) Driveway slope shall be shown on plans. BUILDING AND SAFETY (s) The single family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, Electrical Code requirements. (t) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (u) The single family structure is located in "High Fire Zone" and shall meet the following requirements of that fire zone: , (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire Mesh not less 7 PLANNING than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (v) This single family structure shall meet the State Energy Conservation Standards. (w) Footings shall be designed for expansive soils. (x) Plans shall indicate off -set at family room on the rear elevation. (y) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 2001 California Building Code. (z) 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. (aa) The site plan, landscape/irrigation plan, and grading plan shall indicate the setbacks as indicated on Exhibit "A" and in the setback table shown in the staff report. (bb) Driveway width shall be revised per Diamond Bar Municipal Code, Section 22.30.080 on all plans to 18 feet: site, landscape/irrigation plan and, grading plan. (cc) A certified land survey at the Applicant's expense shall be required prior to footing inspection to verify the setback locations for consistency with Exhibit "A" and the setback table shown in the staff report. (dd) The site retaining walls shall be stucco to match the dwelling or slump stone to enhance the decorative aspect and not exceed a maximum six feet exposed height. (ee) The arch stucco window treatment shown on the west elevation of Exhibit "A" shall be required and repeated on all elevations. (ff) The structure's maximum height shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. The 35 feet includes the chimneys. At roof sheathing inspection, a licensed engineer at Applicant's expense shall certify that the residential structure's height meets this condition and it shall E-11 be submitted to the Building and Safety Division for review and approval. (gg) Prior to the issuance of any city permits, a final landscape/irrigation plan reflecting the landscaping guidelines set forth by the Diamond Bar Municipal Code and Suggested Plant Species list for slopes which includes a variety of grasses and ground cover, flowering plans, shrubs, and trees, shall besubmittedto the Planning Division for review and approval. Additionally, the exposed faces of the retaining walls shall be heavily landscaped to enhance the aesthetics. A final Planning Division approval for Certificate of Occupancy shall be held until the landscaping is installed. . (hh) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the Fire Department. (ii) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental getting 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. 6j) The owners shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (kk) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (11) This grant shall not. be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, �1 their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (mm) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval; a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Narinder and Aasha Kumar, owners/applicant, at 13535 Flatbush Avenue, Norwalk, CA 90650. APPROVED AND ADOPTED THIS THE 27th DAY OF JULY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Dan Nolan Chairmaii 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing. Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of July, 2004, by the following vote: AYES: Commissioners: McManus, WC Tanaka, Low, Chair Nolan NOES: ABSENT: Commissioner Tye SIATE, 01: CALIFORNIA ABSTAIN: COUNTY OF 1-0.1i SS CITY 01; DIMAMIO "DI A 1,4 -N" CITY Ll Y I.ERK10F THE CITY OF DIAMOND BAR. DO HERRHY CE-R`f`IFY UNDER PHNAIXY OV 11F.RitiRy (IN' . Di"RTHI! LAWS OF THE Sli'mill, OF (.,Af.11-*()RNIA'1'111-'["()It(;OIN(; TO Hii A A 1". EST: 4 TRU 1. FULL. I -* AND CORWECT COPY OF 'I"Hil Jarpnes DeSt fano, Secretary —U.RIGINAL AS SAME AI'1'1,*.ARS ON F11,1! IN MY OFFICH. IN WITNENS Will-WE.OF, I HAVE 1111 11UNTO SET MY IIAND AND AFFIXED THE V-1111! 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PC 10/10/06 CC '' 10/1.7/06_ PG 10124/06 CC 11./7/06 21725 GATEWAY CTR. DR 2006-20 LDM/AJL ROYAL STREET COM. Cont. Telecommunications site PH 1196 CHISHOLM TRAIL DR2004-12(1) LKS NARINDER AND AASHA KUMAR PH One year extension TERMINUS AT CROOKED VTTM 54081 AJL DANIEL SINGH PH CREEK 19 Lot residential/subdivision 1241 GRAND CUP 2006-12 DA CHEON PH Taekwondo Studio ADMINISTRATIVE REVIEWS Project Location Case # PM. Appiicant NONE PENDING PROJECTS Project Location Case # . " PM A iicanfi_ Sfiatus 526 BELLOWS DR 2006-21 AJL GUNN APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - MCUP 2006-11 (Addition) WAITING FOR ADDITIONAL INFORMATION 693 ARM ITOS DR 2006-35 DA KUPE PROCESSING— WAITING FOR COMMENTS MCUP 2006-12 Remodel and addition of 2nd story) 1336 BRIDGE GATE- DR 2005-32 AJL KAISER MEDICAL APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Medical offices) WAITING FOR ADDITIONAL INFORMATION 1200 CHISHOLM TRAIL DR 2006-19 LDM/AJL LEE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — 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 — MONUMENT CYN TM 2005-02 (5 -lot single family residential) WAITING FOR ADDITIONAL INFORMATION. NEW PLANS TO BE SUBMITTED BY DEVELOPER. LEGEND PH = PUBLIC HEARING X = NON PUBLIC HEARING Project Meeting Schedule CITY OF DIAMOND BAR Page 2 ser)tember26. 2006 COMMUNITY DEVELOPMENT DEPARTMENT PENDING PROJECTS (continued) Project Location Case # PM .: " A licanfi- Status 2366 CLEAR CREEK LN. DR 2006-13 LDM/AJL GEORGE MIDLEY APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Demo and rebuild single family WAITING FOR ADDITIONAL INFORMATION residence 24445 DARRIN DR 2006-31 DA AGRAMONTE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — Addition WAITING FOR ADDITIONAL INFORMATION 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 2006-01 206 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 2828 DIAMOND BAR BI. CSP 2006-04 SC MCC CAPITAL PROCESSING VAR 2006-04 (Country Hills Towne Center signage 23655 FALCONS VIEW DR 2006-02 LDM/AJL CHIEN YEH APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Demo of and construction of new WAITING FOR ADDITIONAL INFORMATION single family residence 1948 FLINT ROCK DR 2006-25 LDM/AJL LEU APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — VAR 2006-01 New three story residence WAITING FOR ADDITIONAL INFORMATION 22324 GOLDEN SPGS CUP 2006-11 SC HIDDEN MANNA PROCESSING DR 2006-32 (Calvary Church - Additions) CSP 2006-03 20627 GOLDEN SPGS #1-0 CUP 2006-10 AJL BYUNG DO LIM APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Acupuncture/Acupressure Clinic WAITING FOR ADDITIONAL INFORMATION 757 GRAND CSP 2006-02 SC TARGET PROCESSING (Monument/wall signs) 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 DEREK LEE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — Single family residence) WAITING FOR ADDITIONAL INFORMATION LARKSTONE DR. EIR 2005-01 NF JCC — SOUTHPOINTE EIR IN PROCESS 99 single familyresidential) Project Meeting Schedule CITY OF DIAMOND BAR Page 3 r-nnnnnt mr1Tv nwi=i r1P1V11=A1T nFP©PTOAFNT PENDING PROJECTS (continued) Project Location Case # PM. A Itcant Status APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 21324 PATHFINDER DR 2004-33 LKS MOHAMAD SALIMNIA (Gas station remodel) 2201 PEACEFUL HILLS CUP 2006-05 Sc NEXTEL APPLICANT WITHDRAWN Wireless facility) 23121 RIDGELIKE 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(Wireless AJL OMNIPOINT COM. 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 24142 SYLVAN GLEN DR 2006-36 LDM ROYAL STREET COM. PROCESSING Peterson Park) Relocate wireless facility) 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 AJL LAMPS PLUS Warehouse/retail building APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 3028 WINDMILL DR 2006-34 LDM/AJL YOUNG PROCESSING New single CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On September 26, 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 September 21, 2006, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on September 26, 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 Library 1061 Grand Ave. Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on September 21, 2006, at Diamond Bar, California. Stel / arquez Community Development artment. g:\\affidavitposting.doc