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HomeMy WebLinkAbout01/23/2007January 23, 2007 7:00 P.M. South Coast'Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Nelson Tony Torng Kwang Ho Lee Kathleen Nolan Osman Wei , Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 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 I/ of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment,, assistance or accommodation (s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. 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 nFDiamond Ba[ Planning Commission PUBLIC INPUT The meetings of the Diamond Bar Planning Commission one open to the public. A member of the nl==x public "address the (�o0ODOieSioDoDthe 3uhi�otUfone O[[Ooreagenda �rO eaand/or other �O� items of which are within the SUhieCt matter ^'UhSdic�Onof ' the Diamond Bar Planning Commission. /\ request to address the (�o0DOis-�-Dshould be submitted iDwriting @tthe public hearing, tOthe Secretary ofthe Commission. As @ Q8nen]| [V|e' the VppuUuO-h« for public comments will take p|8o8 at the discretion Of the Chair.Hov8va[' in order to facilitate the meeting, persons who are.interested parties for an item may be at the Ono � the0aO0iSo@UedOnthe calendar. Tha(�hai[moay|i0n� requested to give their presentation individual public input to five minutes on any item; O[ the Chair may limit the total amount of time d b of aUoc@t8dfor public tmatiDnoOybased onthe DumObe[ofpeople requesUnQTospeak an the u�i//��� the Commission. Individuals are requested to conductthemselves in a ' and businesslike oanDer. Comments and questions are V8loOD8 Sn that all points Of Vieware considered prior to the Commission making recommendations to the staff and City CoUnd| In accordance with State Law U�nzvxn Act), all matters to be acted on by the Commission must be posted at \o8ot 72 hours prior[ to -`---(�� on8 meeting. eetDg. |O case Of emergency or when e subject matter arises subsequent. to the posting of the agenda, upon making certain findings, the Commission may act oDitem that ianot oDthe posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Dion�ondBar Planning Commission meetings are prepared hvthe F`\anOing Division of the '~ Cnn0nOUnhvDBVa|OpDleOtDep8rtnm8nL Agendas are available 7i hours prior tOthe meeting 8tCity 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 are e -_,- -, available for a nominal charge. ADA REQUIREMENTS Acordless min �[�O�pB[�Ds w���|�imp8i00e[�w����8��St� microphone available nnhUc speaking @^re�3 The service ofthe cordless microphone and e''x n language interpreter services are available by giving notice at leant three business days in advance of the meeting. P|8uSe telephone (Q0g)83Q-7O3Obetween 7:3O@.nl.8Dd5:38p.rD..MonduythroughThUnadoy.ond7:3Oo.rn. HELPFUL -PHONE NUMBERS Copies ofAgenda, Rules ofthe Commission, Cassette Tapes ofMeetings (8OS)83S-703O General Agendas (SO9)83Q-7O3O CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, January 23, 2007 AIMS.& CALL TO ORDER: 7:00 p.m. Next Resolution No. 2007-04 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman Tony, Torng, Kwang Ho Lee, Kathleen Nolan, 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 voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 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: January 9, 2007. 5. OLD BUSINESS: None. 1,111__ ik �01 - 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit CUP 2006-17 — In accordance to Chapters 22.48 of the City of Diamond Bar Development Code the applicant has requested approval of plans to collocate an additional wireless communication antenna on the existing light standard located at the southwest corner of the Diamond Bar High School Football Stadium. The site is fully developed as a public high school and the existing antenna is located on the athletic field. Project Address: 21400 Pathfinder Road (Diamond Bar High School) JANUARY 23, 2007 PAGE 2 PLANNING COMMISSION Property Owner: Walnut Valley Unified School District 880 S. Lemon Ave. Walnut, CA 91789 Applicant: Maree Hoeger, Project Manager Royal Street Communications 2923-A Saturn Street Brea, CA 92821 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 Categoricaily Exempt pursuant to the provisions of Section 15301 of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-17, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Conditional Use Permit No. 2006-18- DeveloDm^"* Review No. 2006-44 and Variance No. 2006-06 — In accordance to Chapter 21 of the City of diamond Bar Development Code, the applicant has requested the following approvals. Conditional Use Permit No. 2006-18 for on -sale general alcohol at a bona -fide eating establishment, Development Review No. 2006-44 for construction of a new approximately 6000 -square -foot restaurant, and Variance No. 2006-06 to reduce the required parking lot setback. This project is consistent with and an implementation of the approved Diamond Bar Village Specific Plan. Project Address: 707 Grand Avenue Property Owner: Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 Applicant: Rachael Miller RHL Design 3001 Douglas Blvd., No. 210 Roseville, C 95661 Environmental Determination: On June 29, 2004, the City Council approved and certified an Addendum to the previously certified environmental Impact Report. It is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resource Code Section 21166 or Section 15162 of the CEQA Guidelines exists, therefore, no subsequent or JANUARY 23, 2007 PAGE 3 PLANNING COMMISSION supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-18, Development Review No. 2006-44 and Variance No. 2006-06, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Development Review No. 2006-21/Minor Conditional Use Permit No. 2006-11 — In accordance to Code Sections 22.48, 22.56 and 22.68, this is a request to remodel and construction a first and second story addition and view deck for a total of approximately 2,234 square feet to an existing one story single family residence of approximately 1,896 square feet including the existing two car garage. The Development Review is a design/architectural review. The Minor Conditional Use Permit is required due to the existing front yard setback which is legal -conforming. Project Address: 526 Bellows Court Property Owner: Evangeline S. Gunn 526 Bellows Court Diamond Bar, CA 91765 Applicant: Jeff and Vangie Gunn 526 Bellows Court Diamond Bar, CA 91765 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-21 and Minor Conditional Use Permit No. 2006-11, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.4 Comprehensive Sign Program No. 2006-04, Conditional Use Permit No. 2007-01, and Variance No. 2006-04 — In accordance to Chapter 22 of the City of Diamond Bar Development Code, the applicant has requested the following approvals: Comprehensive Sign Program No. 2006-04 for development of a new comprehensive sign program for an existing shopping center, Conditional Use Permit No. 2007-01 for renovation of an existing nonconforming pylon sign, and Variance No. 2006-04 to reduce the required setback from the public right- of-way for monument signs (Development Code Sec. 22.36.130). JANUARY 23, 2007 PAGE 4 PLANNING COMMISSION Project I Address: . I I 282 - 5 -1 S. Diamond Bar Boulevard' Property Owner/ Country Hills DB, LLC Applicant: 9595 Wilshire Blvd., Suite 214 Beverly Hills, CA 90212 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 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit NO. 2007-01, Comprehensive Sign Program No. 2006-04 and Variance No. 2006-04, Findings of Fact, and conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS I INFORMATIONAL ITEMS: 9.1 Public Hearing dates for fqture�oects-- 10. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING PLANNING COMMISSION MEETING: 11. ADJOURNMENT: Thursday, January 25, 2007 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive Tuesday, February 2, 2007 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, February 8, 2007 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive Tuesday, February 9, 2007 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 9, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Torng led the Pledge of Allegiance. 1. - ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng and Chairman Steve Nelson. Also present: Nancy Fong, Community. Development Director; Ann Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney, Peter Lewandowski, Consultant, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3 APPROVAL OF AGENDA: As Submitted 4 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of December 12, 2006. VC/Torng moved, C/Nolan seconded to approve the Minutes of December 12, 2006, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None VC/Torng, Nolan, Lee, Wei, Chair/Nelson None None JANUARY 9, 2007 PAGE 2 QDRAFT PLANNING COMMISSION 7.1 Vesting Tentative Tract Map No. 54081, Zone Change No. 2006-02/ Planned Development, Mitigated Negative Declaration No. 2006-03, Conditional Use Permit No. 2002-18, Variance No. 2006-02 and Tree Permit No. 2002-13 — In accordance with the Subdivision Map Act, City's Subdivision Ordinance — Title 21, Development Code — Title 22, Sections 22.14, 22.58, 22.22, 22.54 and 22.38, the proposed project was a 22 lot subdivision on a site of approximately 12.9 acres that would provide for the development of 16 single-family detached homes on individual parcels ranging in size from approximately 5,705 Square feet to 10,506 square feet. The proposed project would include the construction of private streets, graded pads, manufactured slopes and retaining walls; an easement for a public pedestrian trail in a portion of proposed open space areas, and the removal of a portion of existing vegetation. The current zoning of the project site is R-1-10,000. The Zone Change to RL/Planned Development Overlay provides for compliance with the General Plan land use designation and maximum flexibility in the site planning and design, thereby allowing smaller lots in order to retain more open space within the project boundaries. The Conditional Use Permit relates to grading and development within a hillside area. The Variance relates to retaining walls that are proposed at a height greater than six feet. The Tree Permit relates to the removal, replacement and protection of oak and walnut trees. (Continued from December 12, 2006) PROJECT ADDRESS: Do 0 W •0 At the southern terminus of Crooked Creek Drive Diamond Bar, CA 91765 Daniel Singh Jewel Ridge, LLC 10365 W. Jefferson Boulevard Culver City, CA 90232 AssocP/Lungu presented staffs report and provided the Planning Commissioners with photographs and responses to Commissioner's requests and concerns at the December 12, 2006, public hearing. Also in accordance with the Commission's request, the applicant submitted a revised landscape plan that shows a variety of tree and size planted 12 -feet on center. Staff revised the condition to the resolution accordingly. JANUARY 9, 2007 PAGE 3 PLANNING COMMISSION Additionally, in accordance with the Commission's request, the applicant provided information and structural drawings depicting the type of wall system proposed and included renditions of types of planting materials to be planted in the cells of the wall system. Following the presentation AssocP/Lungu said that the Planning Commission had the following options: 1) approve a resolution recommending City Council approval of Mitigated Negative Declaration No. 2006-03, Zone Change No. 2006-02/Panned Development Overlay District No. 2006-01, Vesting Tentative Tract Map No. 54081, Conditional Use Permit No. 2002-18, Variance No. 2006-02 and Tree Permit No. 2002-13; 2) recommend approval to the Council with additional conditions; 3) recommend approval to the City Council with elimination of some lots; 4) direct the applicant to redesign the project, or 5) recommend City Council denial of the project. She recited new conditions added to the resolution in accordance with the Commission's recommendations. AssocP/Lungu stated that Planning Commissioners were provided a copy of a letter from Gregory Shockley, 3711 Crooked Creek Drive that discussed his thoughts about the project. Chair/Nelson declared the continued public hearing open and asked for comments. Daniel Singh, Jewel Ridge Estates, again explained the project and its history. He said that at each public hearing on this project staff has recommended approval and the applicant has complied with and exceeded every request made by the Commission. He believed it would be somewhat unusual for people driving down the freeway to focus on the development. Steve Miller, Ladera Systems, Costa Mesa, introduced the Planning Commission to the segmental block retaining wall system that was proposed for use on the project site and discussed its application using vegetation to landscape its face using a power point presentation. C/Lee asked Mr. Miller if he was a professional engineer and Mr. Miller responded that he was a geologist. C/Le ' e referred to a resident's comment that this type of wall system tends to be used for commercial projects rather than residential projects. Mr. Miller responded that the resident must not be very familiar with the product because there were many single-family home A F T JANUARY 9, 2007 PAGE 4 PLANNING COMMISSION residential construction projects using this type of system and said found the resident's comment to be irrelevant. VC/Torng asked about the earthquake load and Mr. Miller said it was very common to apply a surcharge during the analysis. His firm follows AASHTO or NCMA design guidelines. In both cases the site static earthquake loading is applied. The geotechnical engineers take site conditions, proximity to most active earthquake faults, the maximum credible number (size) of an earthquake that would occur on that particular icular fault and make recommendations for peak route accelerations. Mr. Miller indicated to VC/Torng that the most sizeable earthquake would be about 7.0 and dynamic factors of safety are commonly 75 percent of static factors. VC/Torng asked Mr. Miller if he was pretty sure it would be safe and Mr. Miller responded that his firm would follow all applicable building codes and generally accepted procedures and design methodologies for design of retaining walls. Gregory Shokley asked what would happen if the wall failed. Chair/Nelson closed the public hearing. There were no disclosures by the Commissioners. Chair/Nelson asked Mr. Miller to respond to Mr. Shokley's question, what would happen to the houses below if the wall failed. Mr. Miller said he was not afraid to say that there are failures in construction. His experience with retaining walls when they fail — especially geo-synthetic retaining walls, with which he has a fair amount of experience, is usually in the facing element. He has never seen a reinforced geo-grid zone fail. Therefore, the area of failure lies within several feet of the retaining wall depending on the height. VC/Torng said the key question was whether there was a safety issue and could there be a large area of damage due to seismic activity. Mr. Miller responded that certainly depending on where a house is located with respect to the retaining wall is apropos. If the retaining wall was 12 feet high and the house was three feet away and there were to be an issue regarding the stability of the wall the panels could fall near the house. Engineers formulate designs for what is understood and what is known and engineers cannot design for what they do not know. A meteor could hit the earth near this project site any time in the future and could impact the performance of the JANUARY 9, 2007 PAGE 5 PLANNING COMMISSION project. What engineers do is design things to standards of practice and they are built and inspected to the standards of practice and when projects do that there are no problems. Chair/Nelson asked how far from the toe of the proposed retaining wall assemblage the nearest residential structure was located. Mr. Singh responded that he believed there was a 10 -foot distance between the existing walls and the proposed walls and that most houses have a 25-40 foot rear yard; therefore the distance from the proposed retaining wall to the actual residence would be from 35 to 60 feet before the first six-foot wall. The planting distance between the lowest wall and the next wall up the slope is five feet and there are five feet between each wall thereafter. Each wall is six feet high and the total height is 18 feet. Mr. Miller said that visually, the worst case scenario would be the entire embankment failing — the geo-grid structure as well, as the facing elements and traditionally, engineers use a 2:1 rule where the total height would fail at a slope of 2:1. Therefore, the resulting influence of a complete failure would be about 36 feet. C/Nol . an asked Mr. Shokley to give the Commission specific failure information. Mr. Shokley responded that he cited three examples in the letter he addressed to the Commission and that there are more. He said he could find a number in the Journal of Civil Engineering. Most failures are failure of soil due to over watering. He cited failures near Cal State LA and Universal City. His concern was whether the 16 homes would have the.resources to rebuild and or repair their homes and the homes below them in case of failure or would the City be held responsible. CDD/Fong stated that the City's Engineering staff has placed a condition on this property that the applicant submit very detailed information by engineers and geotechnical engineers to assure that the geological concerns were addressed in the design of the wall. Staff is not saying that this is the only material that can be approved; however, the applicant has proposed the system and material and staff reviews the application to make certain that it meets best practices and standards. City staff must conduct a thorough review of the proposed materials to make sure that they are adequate for the 'project and site. CDD/Fong responded to C/Lee that Diamond Bar and southern California is earthquake country and no one could define what would happen if a big earthquake occurred because it would be based on pure speculation. JANUARY 9, 2007 FXT01Wc 4 1 571", WAM, PLANNING COMMISSION However, engineers and technical staff are experts in this area and apply standards to all projects to make certain that the best practices and standards are met based upon what the experts know. ACA/Kovacevich explained that when the Commission makes its decision this evening that the decision must be supported by "Findings of Fact" and those findings have to be supported 'by substantial evidence. Substantial findings consist of 1) facts, 2) expert opinion based on facts; and, 3) reasonable assumptions based or predicated on facts. In the record tonight there is no substantial evidence of any risk of catastrophic failure or any other matters of concern. On the other hand, there is substantial evidence for success in the form of expert opinion from a geologist based on fact as presented in the public hearing process and related materials. C/Nolan moved, C/Wei seconded, to adopt a resolution recommending City Council approval of Mitigated Negative Declaration No. 2006-03, Zone Change No. 2006-02/Planned Development Overlay District No. 2006-01, Vesting Tentative Tract Map No. 54081, Conditional Use Permit No. 2002-18, Variance No. 2006-02 and Tree Permit No. 2002-13. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Wei, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: Lee ABSENT COMMISSIONERS: None CDD/Fong explained that this project moves, to the City Council for consideration and residents will have an opportunityto offer further testimony in that venue. 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: CDD/Fong pointed out to VC/Torng that in accordance with the conditions of approval for the project discussed this evening the homeowners' association is responsible for maintenance of the common open space area and the retaining walls. With respect to VC/Torng's comment about the number of times this project has been before the Planning Commission, it is outside of staff's control. Staff attempts to present all pertinent information to the Commission at the initial public hearing and can only prepare the information if the applicant provides the information. Sometimes applicants provide sufficient information to move the projects forward and if the Commission requests additional information it leads to JANUARY 9, 2007 PAGE 7 PLANNING COMMISSION continuances until the applicant is able to prepare and provide the requested information. Therefore, staff has little control over whether the applicant is going to prepare the information the Commission wants. Different applicants have different styles. Staff strives to make certain that the necessary minimum amount of information is provided before bringing a project before the Planning Commission. VC/Torng asked his colleagues to have more trust that the City's engineering staff would make certain that projects were properly designed and constructed. C/Lee said he voted "no" on this project because he was not confident that such a high retaining wall should be constructed behind residential homes. He also felt the project was not compatible with the appearance of the surrounding neighborhoods. C/Wei said he shared C/Lee's concerns but he has confidence in the City's engineers and in that respect he echoed VC/Torng's opinion that the City's engineers would do everything possible to protect life and property. He said he appreciated staff's participation and explanation. Chair/Nelson thanked the applicant for providing the Commission with the aerial simulations because it was exactly what he had requested the first time he asked for the information. He suggested staff retain the photos to use as examples of what the City would like to have applicants produce for future projects. Chair/Nelson said this was not a slam-dunk approval for him and he agreed with C/Lee's comments. His vote for approval was based on the merits of the project, a project that was pared back from its original design. An environmental analysis indicates that there are no unavoidable significant adverse impacts as a result of this project. This Commission added conditions and mitigation measures and he became satisfied that the project mitigated potential adverse impacts to the degree practicable and to be reasonably expected. He said his vote was also predicated on a perspective he gained when he attended a SCAG conference in Ontario a couple of years ago. The growth projections for the Inland Empire region including Diamond Bar were such that by the year 2015 six million additional people would occupy the area and the shocking statistic is that 70-75 percent comes from inside the area. He said he has a very strong sense of responsibility for this City to do its fair share of providing for that population growth — certainly not at any cost and not at the cost of human welfare and safety. Unfortunately, this project impacts in a serious way several residences and yet it does not compel him to set aside the responsibility he feels. Everyone has to do his part. In looking at the simulation he was gratified that the project did not creep up the hill to the ridgeline. He -hoped that the applicant understood his need to see exactly what was intended for this project and he hoped that the residents who had expressed their honest and sincere opposition would also understand that perspective. JANUARY 9, 2007 PAGE 8 PLANNING COMMISSION 9. STAFF COMMENTS/INFORMATIONAL ITEMS. CDD/Fong stated that the 2007 Planners Institute would be held in San Diego from March 21 to March 23. Commissioners who plan to attend should call SAA/Marquez to make reservations. 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Acting Chairman Lee adjourned the regular meeting at 8:12 p.m. The foregoing minutes are hereby approved this 9th day of Janua , 2007. Attest: Respectfully Submitted, Nancy Fong Community Development Director Steve Nelson, Chairman 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: PROJECT LOCATION: 7.1 January 23, 2007 Conditional Use Permit No. 2006-17 I of ". I is- a 9 �' I 11MUMIN-wWw'say'd Imisim APPLICATION REQUEST: Approval to co -locate a wireless communications antenna on an existing pole located at Diamond Bar High School. PROPERTY OWNERS: Walnut Valley Unified School District 880 South Lemon Ave. Walnut, CA 91789 APPLICANTS: Maree Hoeger Royal Street Communications, LLC. 2923-A Saturn Street Brea, CA 92821 STAFF Conditionally Approve RECOMMENDATION: STAFF REPORT - PAGE I CUP 2006-17 Proiect Description: The applicant is requesting approval of a Conditional Use Permit to allow the installation of a new co -location wireless antenna and support equipment at the Diamond Bar High School. The proposal will include the installation of a six panel antenna on an existing 110 foot high monopole and five equipment cabinets mounted on a 11, x 18' concrete slab adjacent to the existing Cingular equipment building located at the southwest corner of the Diamond Bar athletic field. Location: The subject property is addressed as 21400 Pathfinder Road (Diamond Bar High School). The high school is located at the southeast corner of Pathfinder Road and Brea Canyon Road. The proposed project involves the expansion of the existing wireless communication facilities located at the southwest corner of the Diamond Bar High School athletic field. Site Description: The subject property is fully developed with a public high school. The parameter of the project location is fully landscaped with tree and shrubs. The site contains 44.8 acres of land area. The proposed project will utilize a monopole that contains the Cingular wireless antenna and lights used to illuminated the Diamond Bar High. School athletic. Two existing structures are used to house the equipment needed to operate the Cingular and Nextel wireless communication facilities. The Tax Assessor Parcel No. is 8285-001-901. A. Review Authority This application for approval of an additional monopole mounted wireless communication antenna requires the issuance of a Conditional Use Permit in accordance with the provisions of Section 22.42.130 Diamond Bar Development Code (DBDC). B. General Plan/Zoning General Plan Designation: School Zoning: R -I (7,500) Surrounding Zones and Uses: North: R-1, 8,000 — SF Residential I South: R-1, 7,500 — SF Residential East: R-1, 7,500 — SF Residential West: CPD and 57 -Freeway — Commercial and Public Freeway STAFF REPORT - PAGE 2 CUP 2006-17 C. General Plan/Design Guidelines/Compatibility with Neighborhood Objective 1.4; Designate adequate land for educational, cultural, recreational, and public service activities to meet the needs of Diamond Bar residents. The proposed installation of improved wireless communication facilities will enhance the public's access to this vital service. The proposed project which consists of the installation of an additional wireless antenna on an existing monopole complies with the adopted goals and objectives as set forth in the General Plan. The proposed project is minor expansion of the existing facilities and will not negatively impact the existing land uses located in the surrounding neighborhood. D. Development Review The following comparison (Table 1 -1) demonstrates that the proposed project meets the City's development standards for wireless communication antennas. Table 1-1 Wireless Communication Antenna Development Standards Development Feature R-1 Zone — Development Standard Proposed Meets Requirements Concealed antennas Antennas must be screened from view Adequate screening provided Yes Permitted Use City's telecommunications Location is consistent with Yes facilities opportunities map City's opportunities map Architectural Integration Environmental integration Proposal is consistent with existing facilities Yes Screening Required Site Screened by existing perimeter landscaping Yes Base Station loqated adjacent Base Station screening Screen Required to existing facilities screening Yes recommended Underground Utilities provided Underground utilities Underground utilities required Yes Security Features Required to prevent unauthorized entry and Site completely fenced and Yes vandalism secure Landscaping Required Site Fully Landscaped Yes Fencing Required Site completely fenced & equipment location fenced Yes Proposed equipment screening Finish Must blend with building to be consistent with existing Yes facilities STAFF REPORT - PAGE 3 CUP 2006-17 Lighting Lighting shall be limited to No additional lighting proposed Yes mandatory safety lighting Signage Prohibited Signs and Advertising No signs or advertising Yes prohibited proposed Property owner & applicant Proposed project is consistent Co -location Agreement must consent to the future co- with co -location regulations Yes location of facilities Maintenance The site must be maintained in Conditions will be recommended to comply with Yes good condition this requirement Abandonment & removal If antenna is abandoned for 6 Condition recommended Yes months it must be removed Bonding Bonding may be required to I Condition recommended I Yes guarantee removal E. Antenna Co -location The City's Telecommunications Facilities Opportunities Map designates the subject property as an acceptable location for telecommunications equipment. Section 22.42.130(h)(12) specifies that the applicant and the property owner must consent to the future co -location of facilities on to be used by the applicant, unless technical considerations preclude that co -location. This project complies with that requirement, as it is a co -location of wireless telecommunication equipment. F. Grading/Drainage The project as proposed will not affect the site's existing surface drainage pattern. G. Landscaping and Preserved/Protected Trees The project as proposed will not affect the site's existing mature landscaping. The perimeter landscaping screens the proposed monopole mounted facility from view from the surrounding residential development. H. View Impact The existing monopole is used to illuminate the Diamond Bar athletic field. The pole is 110 feet in height and it contains an existing antenna owned by Cingular. The proposed antenna will be located at a height of 92 feet which is below the existing antenna and field lights. The applicant is proposing to install five (5) equipment cabinets on an 11 -foot by 18 - foot concrete slab adjacent to the existing Cingular equipment structure. The cabinets are approximately 3 foot square and they are approximately seven feet tall. The applicant proposed to surround the equipment area with a six-foot tall chain link fence. Staff recommends that the equipment area should be screened with a decorative and solid view -obscuring wall. Further more, subs and vines should be STAFF REPORT - PAGE 4 CUP 2006-17 I provided around the structure to deter graffiti. Appropriate conditions have been placed in the resolution requiring a storage building to house the equipment and to provide landscaping around the building. The final design shall be subject to Community Development Director review and approval prior to issuance of building permit. 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. On January 12, 2007, approximately 245 property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Prior to January 12, 2007 Three 3 locations were posted within the project's vicinity and the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley DaiIV Bulletin newspapers and a public hearing notice display board was posted at the site. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301. Staff recommends that the Planning Commission: 1. Adopt finding of fact as prescribed by the Development Code; and 2. Approve the proposed project subject to the execution and/or fulfillment of the conditions recommended by staff as set forth in the attached draft resolution. Prepared by: David D. Meyer, AICP LDIVI Associates, Inc., Planning Consultant ATTACHMENTS: Reviewed by: Nancy Fong, AICP Community Development Director 1. Draft Resolution of Approval with required findings; 2. Burden of Proof submitted by applicant; 3. Exhibit "A" — site plan, floor plan, and elevations STAFF REPORT - PAGE 5 CUP 2006-17 PLANNING COMMISSION RESOLUTION NO. 2007 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-17, FOR THE REQUEST TO INSTALL A CO -LOCATED WIRELESS ANTENNA ON AN EXISTING MONOPOLE LOCATED AT THE DIAMOND BAR HIGH SCHOOL ATHLETIC FIELD LOCATED AT 21400 PATHFINDER ROAD— APN: 8285-001-901. A. RECITALS 1. The Planning Commission considered an application filed by Royal Street Communications, LLC., on behalf of the property owner, Walnut Valley Unified School District, requesting approval of plans to install a wireless communication antenna on an existing 110 -foot high monopole located on the Diamond Bar High School athletic field addressed as 21400 Pathfinder Road. 2. The subject property is zoned R-1, (7,500) Single -Family Residential and it contains 44.8 acres of land area. 3. The subject property is legally described as Portion of Sections 20 and 21, Township 2 South, Range 9 West, San Bernardino Meridian, in the County of Los Angeles and the Assessor Parcel Number (APN) is 8285-001-901. 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 January 23, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing and solicited testimony from all interested individuals. 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 proposed project is categorically exempt from the requirements of the California Environmental Quality Art of 1970 (CEQA) in accordance to Sections 15301 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 wireless communication antenna and support equipment is permitted on the subject property pursuant to the provisions of the City's Telecommunications Facilities Opportunities Map 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 on the subject School site in accordance with the provisions of the City's Telecommunications Facilities Opportunities Map and the proposed project is consistent with the goals and objectives of the adopted general plan. (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 proposed co -location of the wireless telecommunications equipment are to be screened from view in a manner consistent with the City's design criteria and will, therefore, not impact existing and future land uses in the vicinity. (d) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provision of utilities, 2 Draft Planning Commission Resolution No. 2007 -XX CUP 2006-17 compatibility with adjoining land uses, and the absence of physical constraints. The subject 44.8 acre site developed with a public high school is adequate in size to accommodate the additional co -located monopole antenna and screened equipment. (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 wireless antenna mounted on a monopole used to support athletic field lighting and an existing antenna will not be detrimental to the public interest, health, safety, convenience or welfare. Nor will the proposed project be injurious to persons, property or improvements in the vicinity and zoning district. The support equipment will be adequately screened from view. 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) 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 cashiers check of $50.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. b. The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A". c. The ground mounted equipment shall be screened by a decorative and solid view -obscuring structure. Shrubs and vines shall be provided around the structure. The final design of the structure, the materials and the colors, and the landscaping shall be submitted for Community Development Director review and approval, prior to issuance of building permit. 3 Draft Planning Commission Resolution No. 2007 -XX CUP 2006-17 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 23rd DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.' M - Steve Nelson, 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 23rd day of January 2007, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 4 Draft Planning Commission Resolution No. 2007 -XX CUP 2006-17 PROJECT #: Conditional Use Permit No. CUP 2006-17 SUBJECT: Wireless Communication Antenna APPLICANT: Royal Street Communication LOCATION: — Diamond Bar High School 21400 Pathfinder Rd. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit 2006-17 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the city its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 5 Draft Planning Commission Resolution No. 2007 -XX CUP 2006-17 (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 2006-17, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2007 -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. All: site, grading, landscape, and irrigation 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. 6 Draft Planning Commission Resolution No. 2007 -XX CUP 2006-17 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 forthe processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit 2006-17 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for applicable: 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, referenced herein 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 the Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 7 Draft Planning Commission Resolution No. 2007 -XX CUP 2006-17 4. The applicant shall provide a method of emergency access to the subject cellular tower in a manner acceptable to the Fire Department. 5. The subject surface mounted equipment shall be screened from view by a solid 6 -foot high wall constructed of decorative material in a manner approved by the Director of Community Development. 6. Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. 7. Signs and advertising shall be prohibited on the screened wireless antenna. 8. No additional lighting shall be installed on the screened wireless antenna structure. 9. 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. 10. In the event that the antenna becomes inoperable or ceases to be used fora period of six consecutive months the applicant shall remove the roof mounted antenna within 90 -days of notification by the City. 11. 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 12. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. a I I d L*J!l = 1. Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Prior to plan check submittals, additional landscaping trees and shrubs are required to soften the appearance of the existing chain link fence from the downhill properties. The revised final landscape plan shall be submitted to the Planning Division for review and approval. 3. Prior to plan check submittal, a final land scape/irrigation plan shall be submitted with the type of planting materials, Color, size, quantity and location. 4. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. 8 Draft Planning Commission Resolution No. 2007 -XX CUP 2006-17 5. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL The applicant 'shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 1 All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the fence shall be locked whenever the construction site is -not supervised. 2. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the applicant and City inspector at least 48 hours prior to commencing construction operations. C. UTILITIES All utilities for the proposed project shall be installed underground in a manner acceptable to the City Engineer. 9 Draft Planning Commission Resolution No. 2007 -XX CUP 2006-17 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 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. 3. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 4. Indicate all easements on the site plan. 5. 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. 6. The project shall be protected by a construction fence and shall comply with . the NPDES & BMP requirements (sand bags, etc.). 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 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. All required fire hydrants shall be installed and tested and accepted prior to Construction. Vehicular access must be provided and maintained serviceable throughout construction. End of Conditions 10 Draft Planning Commission Resolution No. 2007 -XX CUP 2006-17 Project- Dey6hp 16---! Lli I u r d"hil ciallf"' �acfflty by New WirelessXqmm iion,.,,� I f Royal Street &Mm' un i c"aitibns 2006 NOV -2 PI'l 2: 09 Site Address*. 21400 Pathfinder Road Diamond Bar, CA 91765 APN: 8285-001-901 PROPOSAL: Royal Street Communications LLC, through agreement with MetroPCS, is requesting approval of a Conditional Use Permit application to allow the installation, use, and maintenance of a new (co - location) wireless communications facility at Diamond Bar High School. The facility will include six (6) panel antennas, one (1) GPS antenna, and four (4) radio equipment cabinets. The panel antennas Will be mounted to an existing Cingular Wireless m - dnopole/football field light pole located at the southwest corner of the property. The antennas will be mounted directly to the pole and painted to match so that the Visual impact is minimized. The equipment cabinets and GPS antenna Will be installed on an 11=0" x 18'4' concrete platform on the west side of Cingular's equipment shelter, inside their existing fenced lease area. The new equipment will be screened from view on three sides by existing trees and landscaping as well as Cingular's taller enclosure. Objective: This cell site is a "coverage" site. This location is ideally suited to provide the coverage required to launch MetroPCS' commercial service in the City of Diamond Bar. This is the first of four (4) facilities to be proposed in the City in 2006. Attached is a map and list identifying the locations of the four facilities. About Royal Street amd MetroPCS: As a licensee authorized by the Federal Communications Commission to provide wireless services in this region, Royal Street LLC mustestablish a network of wireless communication facilities in the metropolitan Los Angeles area and beyond. Through an agreement with MetroPCS, Royal Street LLC will be marketed in southern California as MetroPCS. MetroPCS services are commercially available in Miami, Atlanta, San Francisco, Sacramento and recently Tampa, Florida. Efforts are currently underway to develop networks in Dallas, Detroit and Los Angeles., The development model is based on co -location, with the Atlanta market launching with 100% co-4ocation. As to the popularity of the product, within two years of launch in Miami, MetroPCS is the "number two" wireless phone service provider. Similar to the existing wireless service providers, each MetroPCS wireless communication facility, or base station, will consist of transmitting and receiving antennas mounted on a communication tower or other suitable structure and electronic equipment cabinets. It will also consist of radios for receiving and transmitting wireless communications and complex electronic equipment to operate the radios, interface with other wireless communication facilities, provide connections to the landline telephone network, and link the cell site with the main switching center. Transmit and Receive,. Transmit power is adjusted to provide adequate coverage and typically is within the range of 100- 500 watts ERP (effective radiated power) per sector. The proposed site transmits and receives on the PCS "C" band of finequencles. Mobile units receive at 1905-1910 MHz and transmit at 1985- 1990 MHz. Regulating Agencies: MetroPCS is regulated by the Federal Communications Commission (FCC) and is authorized to operate in the frequencies established for Cellular Radio. MetroPCS' telecommunication facilities operate at the lowest possible power levels and are well below established standards used by the FCC for safe human exposure to radio frequency electromagnetic fields. These standards have been tested and proved safe by the American National -standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE). The proposed commu6ications facility will operate in full compliance with the U.S. standards for radiofrequency emissions as published by the American National Standards Institute (ANSI). The ANSI was developed by the committee composed of 125 scientists from universities, non-profit laboratories and Federal Health Laboratories (FDA, NIOSH, EPA): 13: are from the industry and consultants to the industry: and 15% are from the military and other federal agencies. In 1992, the ANSI established, as a public safety standard, a maximum exposure level to radiofrequency emissions of 1000 microwatts per centimeter squared (1,000 uW/cm2). Attached is a copy of Royal Street's FCC license. and documentation- from Metro PCS' radiofrequency manager, Geri Freeman, stating that the facility will comply with all government emissions standards. Royal Street Communications 2006 Site ]List City of Diamond Bar 1. LA0451: 275 S. Prospectors Road (Approved 6/27/06) 2. LA0454: Peterson Park Co -Location (CUP In Process) 3. LA0450: 21725 E. Gateway Ctr. Dr. (Approved 9/26/06) 4. LA0850: 21400 Pathfinder Rd. (Diamond Bar D.S.) DIAMO ND BAR SITES Yv 5' metro,PCS. 350 Commerce. Suite 200 pine. CA 92002 714,730.3100 Main 714,730-3201 Fax May 30, 2006 City of Diamond Bar City Planning 21825 Copley Drive. Diamond Bar, CA 91765 To Whom It May Concern: This letter serves as notification to the City of Diamond Bar Planning Commission with regards to operations for the proposed Metro PCS ("Metro") wireless communications sites located at 275 South Prospectors Road (LAW 1), 21725 E. Gateway Center Drive (LA0450), 24142 Sylvan Glen Rd (LA0454) and 21400 Pathfinder Road (LA0850) in the City of Diamond Bar. The proposed Metro wireless telecommunication facilities will comply with all current Federal Communications Commission's ('TCC") guidelines and specifically OET Bulletin 65 for cumulative measurements of radio frequency power densities and electromagnetic fields. Metro uses Lucent Technologies equipment for Broadband Personal Communication Services (PCS) 1900 MHz band. All Lucent base station radios and equipment meet or exceed FCC regulations. The proposed Metro sites will be operating within its FCC licensed frequencies. Transmit: 1985- 1990 MHz. Receive-. 1905-1910 MHz. This band is known as the "C5" channel block within the FCC's broadband PCS spectrum. Each proposed Metro site within the City of Diamond Bar will operate at different power levels due to a number of variables, including but not limited to antenna cable lengths, number of calls passing through the wireless site at any given time, and antenna types. The site will not exceed the permissible Effective Radiated Power (ERP) as noted in the FCC rules for Broadband PCS. The proposed Metro wireless telecommunication facilities will comply at all times with current FCC regulations related to reduction of interference with any compliant municipal, radio and television systems. Sincerely, �eta amq f�­ Geri Anne Freeman, RF Manager, Metro PCS FCC WTB'Radio Station Authoriza* __ Page l of 1 Federal Communications Commission Wireless Telecommunications Bureau Radio Statbm Authorization (Reference Copy Only) This is not an official FCC license. tt las a record of public iidbi nation contained in the FCG's licensing database on the date that this rrebmnce copy was generate& in uses where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. Ucensw. Royal Street Communications, LLC ATTN Robert A Gerard Royal Sheet Communications. LLC PO Box 2365 611 Hill street Southampton, NY 11969 FCC Registration Plumber (FRN): 0012198735 Call Sign: File Plumber: WQEB557 Radio Service: CW - PCS Broadband Expiration Date Print Date 121 E 1MI 12121/2015 12/2912005 . madmt Nrrrnber. STA'a262 Channel Block C5 . Sub-taadmt Designator- 5 19Pladm t Name: Los Angeles, CA 1st Build -out Date 2nd EkAld-out Date 3rd MAd-ort Date 4th Build -out Date 12/21/2010 - 12/21/2015 Special Conditions or Waivers/Conditians Conditions Pursuant to Section 309(h) of the Communications Act of 1934, as amended, 47 U.S.C. Section 309(h). this license is subject to the following awxrtrtions: This license shat not vest in the licensee any right to operate the station nor any right in the use of the f vquendes designated in the license beyond the term Thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 9934. as amended. See 47 U.S.C. Section 310(dj. This license is subject in terms to the right of use or contrd conferred by Section 706 of the communications Act of 1934, as amended. See 47 U.S.C. Section 706. A graphical representation of the geographic area authorized to this call sign may be generated by selecting'Lioense Search' at the following web address: htWJ wvvw►-fcc-90hWMs_/ FCC 601- MB Sept mbar 2002 http://Wireless2.fee.gov/LjlsApp/UlsSemh/plint,kuti market jsp2licI ey 2771558 12I2912005 u RECEIVED CONDITIONAL USE PERKIr!,;-$U.-P.PEN: OI#"-P#('?jqF A. The proposed use is allowed within the subjectM p Tfith t )i r I of a Conditional Use A Permit and complies with all other applicable provisions offs iwofoent Code and the Municipal Code. p 9 -Abt .- Well MMOAC/Irf-S 0-0-10tAl-yovil B. Theproposed use is consistent with the General Plan and any applicable specific plan. Le. \11V1r_k1/A1k_4P% -idV131. . ' , I" ", " I., Y ' - Nt +Ute szoicz -� o '�I (\ -liq C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. D. 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(909) 839-7030 - FAX (909) 861-3117 MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: 7.2 January 23, 2007 0 its *0 I a off. A 0 =11 707 Grand Ave. APPLICATION REQUEST: Approval for a 6,372 square -foot Chili's restaurant, the serving of alcoholic beverages in the bar and the dinning area and the reduction of parking setback from 20 feet to 7 feet for a distance of 40 feet at Grand Avenue PROPERTY OWNERS: APPLICANT: STAFF RECOMMENDATION: Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 RHL Design — Rachael Miller 3001 Douglas Blvd.. Roseville, CA 95661 Conditional approval. 14 "M 9 11 M 061 Al2 I The applicant proposes to develop a Chili's restaurant on the vacant pad located at the corner of Golden Springs Drive and Grand Avenue within the Diamond Bar Grand Village center. The center is master planned for a major anchor, which is now occupied by the new Target store, and two smaller pads for future commercial and restaurant use. The second vacant pad is located at the corner of Golden Springs Drive and Lavender Drive and staff anticipates a multi -tenant building for food users in the future. ANALYSIS: A. Project Description Chili's restaurant is about 6,372 square feet in size. The dinning area is about 2,000 square feet, the bar area is about 1,000 square feet and the remainder service area is about 3,372 square feet. Chili's does not have outdoor seating. The restaurant will also have a take-out area. The site will have 59 parking spaces. B. Review Authority (Sections 22.58,22.36.060, and 22.48) The proposed project requires the following applications: 1 A Conditional Use Permit for the serving of alcoholic beverages in the restaurant and the bar. 2. A Development Review for the design review of the restaurant building and the signs. 3. A Variance for the reduction of the parking setback from the Grand Avenue property line. C. Site and Surrounding General Plan, Zoning and Uses D. Conditional Use Permit (Section 22.58): The serving of alcohol in the bar and for dine -in customers requires approval of a Type 47 license from the California Department of Alcoholic Beverage Control. The bar' is located at the south Page 2 CUP 2006-18, DR 2006-44, VAR 2006-06 General Plan Zone Uses Site Planning Area — 3 Specific Plan (Sub- Target /Specific Plan Planning Area 1) North GC (Golf Course) O -S (Open Space) Golf course South Planning Area — 3 Specific Plan — (Sub- Residential /Specific Plan Planning Area 2) West GC (Golf Course) O -S (Open Space) Golf course East C (general commercial) C-3 (Regional Gas station and & RMH (medium-high- Commercial) daycare/preschool density residential) I I D. Conditional Use Permit (Section 22.58): The serving of alcohol in the bar and for dine -in customers requires approval of a Type 47 license from the California Department of Alcoholic Beverage Control. The bar' is located at the south Page 2 CUP 2006-18, DR 2006-44, VAR 2006-06 portion of the restaurant is separated from the regular customer dining area. The restaurant hours of operation will be between 11 a.m. to 11 p.m. Monday through Thursday, 11 a.m. to 12 p.m. Friday and Saturday and 11 a.m. to 10:30 p.m. on Sunday. The restaurant will stop serving alcohol one hour before closing. There is no live entertainment proposed. A purpose of requiring a Conditional Use Permit is to allow an opportunity for the City to ensure that the proposed use, serving of alcoholic beverages in the bar, is compatible with the surrounding uses. The Target shopping center is directly across Grand Avenue from a small commercial center with a gas station, preschool, restaurant and office uses. There is not a distance requirement of the bar from any sensitive uses such as residential area, school or church. The closest residences are located diagonally across Grand Avenue approximately 400 feet from the project site. The restaurant is more than 400,feet away from the Calvary Church. The restaurant will serve a need for the City's business community and our residents. E. Development Review (Section 22.48): The proposed project is designed according to the applicable development standards and design guidelines contained in the Diamond Bar Grand Village Specific Plan and the Development Code. The following table shows the project's consistency with the applicable standards. 1 Diamond Bar Grand Village Specific Plan Development Standards: Development Standard Proposed Meets Requirements Meets Requirements 170,000 sf max. floor area for IFPA-1 128,000 sf Target 6372 sf Chili's 134372 sf total Yes FAR 1.0 max. .23 Yes Min. front setback: 10' 20' Yes Interior side setback: None NIA Street side setback: 20' 20' Yes Rear setback: None Yes Parking lot setback from Golden Springs Dr: 20' min. 20' Yes Parking lot setback from Grand Ave.: 20' min. v 12' No and Variance requested ht.: Maximum bldg. ht.: 35' 27' Yes f 29 out Parking (1 /250 for take - Parking area, 1.300 for service area & 1.75 for patron area): 55 spaces min. 59 Yes' Page 3 CUP 2006-18, DR 2006-44, VAR 2006-06 2. Site Plan: The siting of the restaurant building is consistent with the approved master site plan for the Target center. The main entry is oriented toward Grand Avenue. The north side will have the pick-up/to-go entry, the west side has the service yard area and the south side faces Golden Springs Road. Additional parking area will be developed behind the building. Access to the restaurant is off Grand Avenue and Golden Springs Drive. The site has 59 parking spaces and exceeds the minimum requirements. 3. Architectural Features. Colors, Materials, Floor Plan, etc.: The proposed design of the restaurant building picks up the theme established by Target store. The building is one story with a flat roof except for the hip roof tower at the main building entry. The building is architecturally treated with two levels of decorative cornices at the top part of the building and generous use of stack stones material for the tower, building walls and wainscot. The roof material for the tower is metal and the wood braces add interest to the design. The corporate identity striped awnings are provided above the windows. The west (rear) elevation faces the parking lot where the service yard area is screened by solid metal gates with metal shed roof overhang. Staff recommends a few minor changes to further enhance the design and architectural treatment. The below recommended changes can be placed as conditions of approval: a. The size of the wood beam used as braces for the building tower should be increased. b. The metal material for the shed roof over the service yard area should be the same material as the tower roof. The metal beams that support the metal shed roof should be increased in size for proportion. c. The electrical cabinet at the west side of the building shall be architecturally integrated into the building design with the same cornice, stucco and stacked stone materials. 4. Landscape: The pad for the restaurant is already landscaped. With the development of the pad, the landscaping around the building will be augmented and to be consisted with the theme established in the Target center. The additional landscaping will soften the appearance of the building, provide emphasis on the main fagade, and provide landscape treatment within the parking lot. 4. Signage: A comprehensive Sign Program was approved for the Target Center. The approved sign criteria for the restaurant pad require that the Page 4 CUP 2006-18, DR 2006-44, VAR 2006-06 proposed walls signs be reviewed as part of the design review of the building as to the size, the sign area and their proportion to the building. The approved sign criteria allow the restaurant pad to have a maximum of three wall signs. The following is a detailed description of each sign and the analysis of its placement and sign area: a. East (Front) elevation wall sign: A large "Chili's" sign approximately 69 square feet is proposed, to be placed at the window area above the main entrance of the tower. The sign appears to be slightly crowded in the space provided. Staff recommends that the sign should be placed centered within the i window area and slightly reduced in size so that the sign s approximately 11/2 feet from each side of the window. (Condition of approval) b. Wall signs on west and east side elevations: A Chili's logo (chili pepper) approximately 72 square feet in sign area is proposed on the west and east elevations. The 72 square feet logo sign at the west elevation and being placed on a larger wall surface appear to be proportionate to the building wall and is acceptable. The 72 square feet logo sign at the east elevation and being placed on a much smaller wall surface appears to be too big for the space. This sign should be slightly reduced to approximately 50 square feet so the sign is proportionate to the wall surface. (Condition of approval) c. "To -go" sign on west elevation: The applicant is proposing to install a vehicle -oriented directional sign for customers to park. The sign is approximately 11 square feet in size and projects perpendicularly from the wall. The Development Code only allows a maximum of 6 square feet. The sign should be reduced in size. (Condition of approval) D. Variance (Section 22.54): The applicant is requesting approval of a variance to reduce the parking setback along Grand Avenue. The required parking setback is minimum 20 feet, and the applicant proposes seven feet at the closest to the street. The variance is necessary to allow for sufficient amount of parking for the restaurant use. Staff found that the site is unique and has unusual characteristics such as an acute angle at the northerly corner of the site, a 20 -foot -wide Edison easement and a six -foot -wide sewer easement. These characteristics limit the developable area, constrict the orientation of the building and the parking area. These characteristics are not shared by other commercial centers in the City; therefore, staff believes that there are facts to support the variance request. Page 5 CUP 2006-18, DR 2006-44, VAR 2006-06 NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune newspaper. 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: On June 29, 2004, the City Council approved and certified an Addendum to the previously certified Environmental Impact Report (EIR). It is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resource Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or Mitigated Negative Declaration is required to be prepared. Staff recommends that the Planning. Commission approve the project with conditions. Prepared by: Sandra Campbell Contract Senior Planner Attachments: Reviewed by: Nancy Fong, AICP Community Development Director 1 Draft resolution recommending approval of Conditional Use Permit No. 2006-18, Development Review No. 2006-44 and Variance No. 2006-06; 2. Exhibit "A" — Site plan, landscape plan, architectural elevations, grading plan, and sign plans Page 6 CUP 2006-18, DR 2006-44, VAR 2006-06 PLANNING COMMISSION RESOLUTION NO. 2007 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2006-18, DEVELOPMENT REVIEW NO. 2006-44, AND VARIANCE NO. 2006-06 TO CONSTRUCT AN APPROXIMATELY 6,000 -SQUARE -FOOT RESTAURANT WITH ON -SALE ALCOHOL ON A PROPERTY LOCATED AT 707 GRAND AVENUE (AONS: 8293-045-007 & 8293-045-008) A. RECITALS 1. The applicant, RHL Design, has filed an application for Conditional Use Permit No. 2006-18, Development Review No. 2006-44, Variance No. 2006- 06 for construction of an approximately 6,000 -square -foot restaurant with on - sale alcohol on property located at 707 Grand Avenue, Diamond Bar, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and Variance shall be referred to as the "Application." 2 On January 12, 2007, notification of the public hearing for this project was published in the San Gabriel Valley Tribune. On November 2, 2006, public hearing notices were mailed to property owners within a 700 -foot radius of the project site and the public notice posted at the City's designated community posting sites. Furthermore, on January 12, 2007, the project site was posted with a display board. 3 On January 23, 2007, 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: 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 does not require further CEQA review. On June 29, 2004, the City Council approved and ' certified an Addendum to the previously certified Environmental Impact Report (EIR). It is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resource Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or Mitigated Negative Declaration is required to be prepared. 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 -pond itipnqd._u pon. 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (CUP) The proposed project is consistent with the requiredconditional use permit findings contained in Section 22.58..040 of the Development Code as follows: (a) The proposed use ,is allowed within, the subject zoning district with the approval of a conditional use, permit and, complies with all other applicable provisions of the dE!V.elopment code. and the Municipal Code. The proposed project involves construction of a new approximately 6,000 - square -foot restaurant with on -sale alcohol... On -sale alcohol is permitted within a conditional use permit. As conditioned, the project complies with applicable provisions of the Development Code, Diamond Bar Village Specific Plan and Municipal Code. As conditioned and with the approval of Variance No. 2006-06, the project meets all the standards related to height, setbacks, parking, circulation, and landscaping requirements. (b) The project design is consistent with. General Plan Objective 1.3 that states, "Designate land for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs." The proposed restaurant use will provide a needed service to the area where there are few full-service restaurants. The proposed restaurant will also complement the existing Target store use by providing additional service uses for Target customers and for the surrounding residential and institutional uses. 2 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 The project is also consistent with General Plan Objective 3.2 that states, "Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design." The proposed project is consistent with this objective in that, as conditioned, it will provide a well-designed restaurant building that will blend with the surrounding. area and will complement the design of the existing Target store. The proposed landscaping will further enhance the building and site. (c) The design, location, size, and operating characteristics of the proposed use are compatible with existing and future land uses in the vicinity. As conditioned, the proposed project is consistent with all applicable developmentstandards in the Development Code and the Diamond Bar Village Speci , fic Plan. The design of the restaurant will allow the serving of alcohol to customers dining at the restaurant. Serving of alcohol will be stopped one hour before closing. The bar area is separate from the regular dining within the restaurant and as such will allow better monitoring of customers using that area. The restaurant is consistent with the operations of a bona -fide eating place in that.,a full menu will be provided with serving of alcohol secondary to and complementing'the'primary use. (d) As referenced above in Items . (a) through .(c), the project site is physically suitable for the type and density/intensity of use being proposed including I access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (e) As I conditioned, the proposed project 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. Before the issuance of any City permits, the proposed project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division ' , and Fire Department requirements. through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (f) The proposed project has been reviewed in compliance with CEQA and found that it will not require further review under CEQA. DEVELOPMENT REVIEW The design and layout of the proposed project are consistent with the findings required for approval of development review applications as follows: 3 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 200644 & VAR 2006-06 (a) As conditioned, the design and layout of the proposed project are consistent with the general plan, development standards of the zoning district, and design guidelines. The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 and 3.2 as outlined in Section (b) above. As conditioned and with the approval of Variance No. 2006-06, the project is consistent with development standards of the Diamond Bar Village Specific Plan. The proposed development will improve the appearance of the site and be compatible with existing surrounding development in the quality of the design of the restaurant and provision of landscaping that will enhance the site. The proposed building is also compatible with and complementary with the existing Target store on the site. (b) As discussed above in Items (a) through (f), the design .and layout of the proposed development will not interfere with .the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (c) As discussed above in Item (f), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and. ;existing . on-site, Target store and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the Development Code, the Diamond Bar Village Specific Plan, the General Plan, or City Design Guidelines.' (d) As discussed above in Item (f), the design of the proposed development will provide a desirable- environment for its occupants and visiting public, as well as its neighbors, through an aesthetic use of materials, texture, and color that will remain aesthetically appealing. (e) Before 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. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. Variance (a) There are special circumstances applicable to the property so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning 4 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 districts or creates an unnecessary and non -self-created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards. The variance to reduce the parking lot setback as required under the Diamond Bar Village Specific Plan. The strict application of the development standard would deny the property owner the same privileges enjoyed by adjacent property owners in terms of allowing for sufficient amount of parking for the restaurant use. The site characteristics that include an acute angle at the northerly corner of the site, a 20 -foot -wide Edison easement and a six- foot -wide sewer easement limit the location and constrict the orientation of the proposed restaurant building. The, building orientation is not parallel to Grand Ave. and results in the parking lot that is at an angle to Grand Ave. The site characteristics are not shared by the adjacent commercial center across Grand Ave. The small commercial center property does not have an easement that restricts building orientation or placement. (b) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owner in the same vicinity and zoning district and denied to: the property for which the variance is sought. The strict application of *the development standard would deny the property owner the right to develop the property with sufficient parking to serve the proposed building. The adjacent commercial site is not restricted by easements and shape of the property to where sufficient parking can be provided for the on-site uses. (c) Granting the variance is consistent with the general plan and any applicable specific plan. Granting of the variance is consistent with General Plan Land Use Objectives 1.3 and 3.2 in 'that the proposed restaurant use will provide a needed service to the area where there are few full-service restaurants. The proposed restaurant will also complement the existing Target store use by providing additional service uses for Target customers and for the surrounding residential and institutional uses. (d) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. (e) The proposed entitlement has been reviewed in compliance with the provisions of CEQA. An EIR has been previously approved for the project and no further environmental review is necessary. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. General (1) The project shall substantially conform to title sheet, site plan, floor plan, elevations, landscape plan, comprehensive sign plan and details collectively labeled as Exhibit "A" dated January 23, 2007, as submitted to, amended herein, and approved by the Planning Commission. (2) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-complibnce with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modifythe Conditional Use Permit. (3) 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 fee 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 derninimis 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. (4) Compliance with pertinent conditions of approval for Parcel Map No. 61702. 4. Before issuance of Certificate of Occupancy, the applicant shall show provide evidence of issuance of a Type 47 license from the California Department of Beverage Control. 5. There shall be no live entertainment on the premise. 6 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 6. The operation of the restaurant shall comply' with the City's noise regulations 7. Hours of operation shall be limited to between 11 a.m. to 11 p.m. Sunday through Thursday, 11 a.m. to 12 p.m. Friday and Saturday. 8. Alcohol shall stopped being served one hour before closing of the restaurant operations. 9. Before issuance of any City permits, the applicant shall provide revised building elevations plan for the Planning Division's review and approval with the following changes: (a) Increase of the size of the wood beams used as braces for the metal hipped roof of the tower. (b) Use the same roof material, finish and color of the tower for the shed roof over the rear service area. (c) Roof supports for the service area roof shall be more substantial and have a similar finish to the braces supporting the tower roof. (d) The electrical cabinet -on the east elevation shall be architecturally integrated into the building design with the same stucco, cornice and stacked stones materials. 10. Before issuance of any City permits, the applicant shall provide a revised sign plan for the Planning Division's review and approval with the following changes: (a) Reduce of the vehicle -oriented sign, "To -go" on the west elevation to 6 square feet. (c) Reduce the size of the wall sign on the front elevation so that the sign is 1'/2 feet from the sides of the glass window on which it is located. (d) Reduce the sign area for the wall sign on the east elevation to between approximately 50 to 55 square feet and subject to Community Development Director review and approval. 11. Applicant shall submit an application for a sign permit for review and approval by the Planning Division before installation of any signs. Sings are subject to separate building and electrical permits. 12. All landscaping and irrigation shall be installed prior to final inspection and prior to issuance of Certificate of Occupancy. 7 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 13. All outdoor lighting shall conform to current City requirements as specified in Section 22.16.050 of the Municipal Code. 14. The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBCC Chapter 8.12. C. Public Works Department 15. A final as -graded geotechnical report certifying compaction of the building pad shall be submitted to the Engineering Department for review and approval before issuance of building permits. 16. SUSMP requirements shall be met as determined by the Public Works/Engineering Department. 17. Pavement markings shall be placed across the new parking area delineating the pedestrian pathway. 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: RHL Design — Rachael Miller, 3001 Douglas Blvd., Roseville, CA 95661 APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Steve Nelson, 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 23RD day of January 2007, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: 8 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 ABSTAIN: Commissioners:. ATTEST: Nancy Fong, Secretary 4] Planning Commission Resolution No. 2006-)(X CUP 2006-18, DR 2006-44 & VAR 2006-06 PROJECT #: Conditional Use Permit No.2006-18, Development Review No. 2006-44, and Variance No. 2006-06 SUBJECT: Construction of an approximately 6,000 -square -foot restaurant with on - sale alcohol APPLICANT: RHL Design — Rachael Miller 3001 Douglas Blvd. Roseville, CA 95661 LOCATION: 707 Grand Ave., 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: 1. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No.2006-18, Development Review No. 2006-44 and Variance No. 2006-06 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. 10 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 (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 2006-18, Development Review 2006- 44 and Variance 2006-06, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission or City Council 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 I Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape, irrigation, 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. 11 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 12. 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. 13. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 14. The approval of Conditional Use Permit No.2006-18, Development Review No. 2006-44, and Variance No. 2006-06 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. 15. : 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' including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, comprehensive sign plan, and irrigation on file in the Planning Division, the -conditions contained herein, Development Code regulations. 16. 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. 12 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 17. All structures, including walls, 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 ownerloccupant. F. SOLID WASTE 18. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse; whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-70401 1 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 19. An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during construction between October 1St and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 20. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 28. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 29. 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. p 13 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 30. 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. 31. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 32. 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. 33. Restaurant shall be equipped with grease interceptors. 34. All food establishments shall obtain County health and environmental waste permits. 35. Applicant shall submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 36. Separate permit shall be required for all wall and monument signs and shall be noted on plans. 37. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 38. Applicant shall provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 39. Applicant shall indicate the proposed addition and existing building on the plans. 40. Applicant shall submit code analysis and justification showing the following: a. Each building square foot; b. Each building height; c. Type of construction; d. Sprinkler system; e. Each group occupancy; f. Property line location in relation to each building (side yard); g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.); h. Accessibility analysis for the entire site and for each building; i. Shaft rating/ exterior walls construction/ opening protection. 14 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 41. Applicant. shall verify adequate exit requirements. The distance between required exits shall be 1/2 of the building djagonal. 42. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 43. Applicant shall indicate all easements on the site plan. 44. 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. 45. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 46. Grading plans shall be submitted showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 47. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 48. Drainage patterns shall be checked with Engineering Department. Surface water shall drain away from building at a-2% minimum slope. 49. Applicant shall specify location of tempered glass as required by code. 50. Applicant shall specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Provide guardrail connection detail (height, spacing, etc.). 51. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 52. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 53. Prior to the issuance of any building permits for combustible construction, 15 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 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. 54. Fire hydrant shall have a flow test. ME 16 Planning Commission Resolution No. 2006 -XX CUP 2006-18, DR 2006-44 & VAR 2006-06 Agenda Item 7 — CUP No. 2006-18, etc. — 707 Grand Ave. Plans found in project file PLANNING COMMISSION AGENDARUORT Crff OFDMONDBAR- 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER 23, 2007 NEETINGDATE- CASE/FILE NUMBER- Development Review 2006-21/Minor Conditional Use Permit No. 2006-11 PROJECTLOCATION 526 Bellows Court (Lot 15, Tract 42587) (APN: 8282-035-056) Approval to remodel and construct a first APPLICATION REQUEST: and second story addition and viewing deck totaling to approximately 2,234 square feet to an existing one-story residence of approximately 1,896 square feet including the two -car garage and to maintain the legal setbacks. PROPERTY OWNER: Ms. Evangeline S. Gunn 526 Bellows Court Diamond Bar, CA 91765 Mr. and Mrs. Jeff and Vangie Gunn APPLICANT: 526 Bellows Court Diamond Bar, CA 91765 STAFF RECOMMENDATION: Conditionally approve. DR 2006-21/MCUP2006-llPage 1 I A. Site Description The project site is approximately 6,836 square feet and is rectangular in shape widening at the .rear property line. It is developed with a one-story residence of approximately 1,896 square feet which includes the two -car garage. There are no restricted use or flood hazard areas or easements on the project site. B. Site and Surrounding General Plan, Zoning and Use ANALYSIS. A. Applications and Review Authority (Code Sections 22.44, 22.56 and 22.68) The proposed project requires two applications as follows: 1. Development Review application for the design review of the proposed remodel, first and second story addition and viewing deck totaling approximately 2,234 square feet. The addition is more than 50 percent of the existing habitable area and a substantial change to the one-story residence. 2. Minor Conditional Use Permit application for maintaining the legal nonconforming front yard setback of 16 feet as measured from the garage to the front property line and rear yard setback of 19 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. DR 2006-21/MCUP 2006-11Page 2 General Plan Zone Uses Project Site RL (Low Density R-1-8,000 Residential Residential - Max. 3 DU/Acre North RL R-1-8,000 and R-1- Residential 10,000 South RL R-1-10,000 Residential East RL R-1-8,000 Residential West RL R-1-8,000 and R-1- Residential 1 10,000 ANALYSIS. A. Applications and Review Authority (Code Sections 22.44, 22.56 and 22.68) The proposed project requires two applications as follows: 1. Development Review application for the design review of the proposed remodel, first and second story addition and viewing deck totaling approximately 2,234 square feet. The addition is more than 50 percent of the existing habitable area and a substantial change to the one-story residence. 2. Minor Conditional Use Permit application for maintaining the legal nonconforming front yard setback of 16 feet as measured from the garage to the front property line and rear yard setback of 19 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. DR 2006-21/MCUP 2006-11Page 2 C. 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 dvelopment yields a pleasant living, and attracts the interests of residents and visitoers as the result of consistent exemplary design. 1. Development Standard The comparison matrix below shows that the proposed project has met the development standards for the R-1-8,000 (RL) zoning district. Development R-1-8,000 (RL) Zoning Prop r osed Meet Requirement Feature District Reguirements Minimum Lot Area 8,000 square feet. 6,836 s uare feet Yes Residential Density 1 single-family unit I sing) n'family-fa Yes u Front yard setback 20 feet 16 feet measured Yes* from garage and 20 feet to the addition Side and setbacks 5 & 10 feet 5 & 10.8 feet Yes Rear setback 20 feet Existing house – Yes* 18 feet; addition – 20 feet Building height 35 feet from 29 feet from Yes natural/finished grade finished grade Separation between adjacent 15 feet 15 & 19.33 feet Yes residences Lot coverage 40% (maximum)— 39% Yes Parking Two -car garage Two -car garage Yes (minimum) I --- 7C—egal anon -conforming front yard setback (see MCUP disc discussion). DR 2006-24/MCIJP 200606 Page 3 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 California Craftsman. The front elevation will be changed with the following elements: a new entry, second story addition, roof line with dormers and window type and location. At the front elevation the planes vary and at the side and rear elevation the roof line and elevation planes vary. Moldings surround the windows and divide the side and rear elevations. Exterior walls are a combination of beige stucco with white and tan accent colors and cultured stone veneer wainscoting. The stone veneer is also used on the fireplaces. Blended shades of tan concrete tile are used for the roof. Staff is recommending that corbels be added below the large second story window on the right elevation. Staff is also recommending that the third level which contains a viewing deck and interior landing be deleted. Staff believes that the viewing deck and third level is not compatible with the proposed design of the subject residence or with other residences in the neighborhood. Furthermore, deleting the third level will reduce the weighty appearance of the residence at all elevations. The project neighborhood is a combination of one and two-story homes. A two- story home is on the adjacent property to the east of the project site and a one- story home is on the adjacent property to the west. To the rear of the project site is a two-story'home on a property with an elevation considerably lower than the project site. The homes on Bellows Court range in size from 1,726 to 3,043 square feet which includes the garage. The proposed addition with the deletion of the view deck and landing is 1,741 square feet. The finished product with the two car garage totals to 3,6.37 square feet which is approximately 600 square feet larger than the largest home on Bellows Court. 3. Floor Plan Layout The existing one-story residence has three bedroom, two bathrooms, family room, kitchen, living room, and entry and two -car garage. The proposed addition will reconfigure the first floor and enlarge the kitchen, living room and entry and add a dining room, laundry room, sifting room and studio. The proposed second floor will consist of a master bedroom suite, den/bedroom, loft area and exterior balcony. DR 2006-24MCUP 200606 Page 4 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 projects application. The applicant is required to submit a landscape/irrigation plan for the project site prior to the issuance of any City permits. All landscape and irrigation shall be installed prior to final inspection or Certificate of Occupancy. C. Minor Conditional Use Permit 'Code Sections 22.56 and 22.68) The required front and rear yard setbacks for the R-1-8,000/RL zoning district are 20 feet. The subject residence is considered legal nonconforming due to the front and rear setbacks. The residence maintains a 16 foot front yard setback from the garage face to the front property line. However, the site gives an appearance of a 20 foot setback because the first six feet adjacent to the sidewalk is City property and where utilities are located. The addition will maintain a 20 foot setback that does not include City property. The front fireplace will have a setback of 18 feet. However, fireplaces are allowed to encroach a maximum 30 inches into the setback. In the rear yard, the residence maintains a setback of 18 to 22 feet from the face of the existing residence to the rear property line due to the angle of the rear property line. The proposed addition in the rear of the property will maintain a 20 foot setback from the rear property line. The City recognizes that property owners should be allowed to have an addition, reconstruction or improvements to their properties even with legal non conformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings 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. DR 2oo6_24/MCUP 2006-06 Page 5 Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valle Tribune on January 12, 2007. Public hearing notices were mailed to approximately 91 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places on January 10, 2007. Furthermore, the'project site was posted with a display board by January 11, 2007. Staff recommends that the Planning Commission approve Development Review No. 2006- 21, Minor Conditional Use Permit No. 2006-11, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: Attachments: Reviewed by: Nancy Fong, AICP, Community Development Director 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, roof plan and elevations dated January 23, 2007; 3. Covenant and Agreement to Maintain a Single -Family Residence; and 4. Aerial. DR 2006-24/MCUP 2006-06 Page 6 A. 13 PLANNING COMMISSION 14P RESOLUTION NO. 2007 -XX ld� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-21, MINOR CONDITIONAL USE PERMIT NO. 2006-11 AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 1,750 SQUARE FEET TO AN EXISTING ONE-STORY SINGLE-FAMILY RESIDENCE OF WITH A TWO - CAR GARAGE. THE PROJECT SITE IS LOCATED AT 526 BELLOWS COURT (LOT 15, TRACT NO. 41587; APN: 8281- 035-056); DIAMOND BAR, CALIFORNIA. . The property owner, Ms. Evangeline S. Gunn and Mr. and Mrs. Jeff Gunn have filed an application for Development Review No. 2006-21, Minor Conditional Use Permit No. 2006-11 and categorical exemption for a property located at 526 Bellows Court, 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 January 12, 2007, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On January 10, 2007, public hearing notices were mailed to approximately 91 property owners within a'500 -foot radius of the project site and the public notice was posted in three public places. On January 11, 2007, the project site was posted with a display board. 3. On January 23, 2007, 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. 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 judgement of the City of Diamond Bar. 1 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 6,836 square feet and is rectangular in shape widening at the rear property line. It is developed with a one-story residence of approximately 1,896 square feet which includes the two -car garage. There are no restricted use or flood hazard areas or easements on the project site. (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 and R-1-10,000 single-family residences zones surrounding the project site. (e) The Application request is for Development Review approval to construct remodel and first and second story addition and viewing deck totaling to approximately 1,750 square feet which is more than 50 percent of the existing habitable area and a substantial change to the one-story residence. The Minor Conditional Use Permit application is a request to maintain the existing legal nonconforming front and rear yard setbacks of 16 and 18 feet respectively with the proposed addition in the front and rear maintaining a 20 setback. Development Review On July 25, 1995, the City adopted its General Plan. Tract No. 42587 Lot 15 (project site) was established and homes were built prior to the City's incorporation and General Plan's adoption and under the jurisdiction of Los Angeles County. 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 6,836 square feet. The County used lot averaging; therefore some lots within a tract will be smaller and others larger. W, 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 d i evelopment standards of this zoning district as illustrated in the comparison matrix within the staff report except for the existing legal non -conforming front and rear yard setbacks of 16 and 18 feet respectively. These setbacks are considered legal non -forming; hence the Minor Conditional Use Permit. The proposed addition/remodel changes the existing architectural style to California Craftsman. The front elevation will be changed with the following elements: a new entry, second story addition, roof line with dormers and window type and location. At the front elevation the planes vary and at the side and rear elevation the roof line and elevation planes vary. Moldings surround the windows and divide the side and rear elevations. Exterior walls are a combination of beige stucco with white and tan accent colors and cultured stone veneer wainscoting. The stone veneer is also used on the fireplaces. Blended shades of tan concrete tile are used for the roof. Staff is recommending that corbels be added below the large second story window on the right elevation. Staff is also recommending that the third level which contains a viewing deck and interior landing be deleted. Staff believes that the viewing deck and third level is not compatible with the proposed design of the subject residence or with other residences in the neighborhood. Furthermore, deleting the third level will reduce the weighty appearance of the residence at all elevations. The project neighborhood is a combination of one and two-story homes. A two-story home is on the adjacent property to the east of the project site and a one-story home is on the adjacent property to the west. To the rear of the project site is a two-story home on a property with an elevation considerably lower than the project site. The homes on Bellows Court range in size from 1,726 to 3,043 square feet which includes the garage. The proposed addition with the deletion of the view deck and landing is 1,741 square feet. The finished product with the two car garage totals to 3,637 square feet which is approximately 600 square feet larger than the largest home on Bellows Court. (g) 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 (f), the proposed project can be accommodated at the project site. Additionally, the architectural style., color and materials proposed will be compatible with other homes in the neighborhood. 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 3 (h) As referenced in Finding (f) 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) As referenced in the above findings (f), (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. 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) 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 (1) As stated in Findings (f), (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the R-1-8,000/RL 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 forthat zoning district except forthe legal nonconforming front and rear 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 0 setbacks than the comparable portion of the existing structure (follow the development line of the existing structure. The required front and rear yard setbacks for the R-1-8,000/RL zoning district are 20 feet. The subject residence is considered legal nonconforming due to the front and rear setbacks. The residence maintains a 16 foot front yard setback from the garage face to the front property line. However, the site gives an appearance of a 20 foot setback because the first six feet adjacent to the sidewalk is City property and where utilities are located. The addition will maintain a 20 foot setback that does not include City property. The front fireplace will have a setback of 18 feet. However, fireplaces are allowed to encroach a maximum 30 inches into the setback. In the rear yard, the residence maintains a setback of 18 to 22 feet from the face of the existing residence to the rear property line due to the angle of the rear property line. The proposed addition in the rear of the property will maintain a 20 foot setback from the rear property line. 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 in the resolution. The legal nonconformities may be continued to secure safety or when advantages through improved architecture are met. 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. (m) The proposed project is consistent with the General Plan as discussed above in Finding (f). There is not applicable specific plan. (n) As stated in Findings (f), (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) As stated in Findings (f), (g, (h), (i) and (1) above, the project site is physically suitable for the type and density/intensity of proposed addition including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (p) 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) 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 (r) 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 in the exterior design and the additional of square footage 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 setbacks. Two-story homes exist on one side of the subject residence and directly behind it. Additionally, the residence located behind the project site is at a much lower elevation with its side yard abutting the rear yard of the subject site and its side yard is not the view corridor 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) As stated in Findings (f) referenced above, the proposed project is consistent with the General Plan. This is not an applicable specific plan for the project area. (t) Approval of the Minor Conditional Use Permit, which will permit the continuation of legal nonconforming front and rear yard setbacks for the existing sections of the residence will not result in restricting future compliance with the applicable Dia ' mond Bar Development Code regulations due to specific issues addressed in Findings (1) and (r) above (u) Based on Findings mentioned above and conditions of approval, the proposed addition and remodel will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood. (v) Based on Findings mentioned above and conditions of approval, the proposed addition and remodel 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. RkBdDgDivision 1. Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the project site for Planning Division approval. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Prior to plan check submittal, the applicant shall submit a revision to the right elevation adding corbels below the large second story window for Planning Division review and approval. 3. Prior to plan check submittal, the applicant shall submit revised elevation for all sides of the subject residence deleting the third level which contains a viewing deck and interior landing for Planning Division review and approval. I 4. The residential structure shall maintain setbacks as delineated in Exhibit" A". At the rough framing stage, the setbacks of residential structure -shall be certified by a licensed surveyor approved by the City at the applicant's expense. Said certification shall be submitted to the Planning Division for review and approval. 5. Applicant shall comply with Chapter 22.28 — Noise Control for residential uses for activities within the studio/sound room. B. Building and Safely Division 1. Door between garage and the house shall be 1 3/8 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 bedrooms and hallways leading to sleeping areas. 3. All bedrooms shall comply with all rescue window requirements. 4. Chimney shall extend 2' —10' away from roof line. 5. Kitchen and bathroom lights shall be fluorescent 6. Applicant shall provide adequate mechanical ventilation at water closet rooms. 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. 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: Ms. Evangeline S. Gunn.and Mr. and Mrs. Jeff Gunn, 526 Bellows Court, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 23RD OF JANUARY 2007, BY THE .WILANNING COMMISSION OF THE CITY OF DIAMOND BAR. In Steve Nelson, Chairman 1, 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 23rd day of January 2007, by the following vote: ATTEST: AYES: NOES: ABSTAIN: ABSENT: Nancy Fong, Secretary COMMUNITY DEVELOPMENT COMMERCIAL REMODELEDNEW AND PROJECT #: SUBJECT: .MIUM Permit No. 2006-11 Addition/Remodel to Existin Sin le-Famil Residence PROPERTY OWNER: Ms Evangeline Gunn APPLICANT: Mr. and Mrs. Jeff Gunn LOCATION: 526 Bellows Court ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDI A. General Requirements 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05 rh�n the event the city ae period nd/or provided by Government Code Section 66499.37. 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 curred in defenseCity its costs fof such claims!uding reasonable attorneys fees, (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. 0 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. 2006-21 and Minor Conditional Use Permit No. 2006-11, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the --applicants- pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2007 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in 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. 10 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 I The approval of Development Review No. 2006-21 and Minor Conditional Use Permit No. 2006-11 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 January 23, 2007 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, 11 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 stand April 15th. The erosion control plan shall. conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to,reduce noise levels. 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: 1. 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 12 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 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. 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"M 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. 13 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. 2006-21/Minor Conditional Use Permit No. 2006-11 The undersigned hereby certify that Ms. Evangeline Gunn are the owner(s) of the hereinafter described real property located at 526 Bellows Court in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as -Lot 15, Tract Map No. 42587 Assessor's Book and Parcel Number 8281-035-056 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. In NOTE: THE COVENANT AND AGREEMENT SHALL BE NOTARIZED, AN RECORDED. NOTARY SHALL USEUPDATEDFORM AS DESCRIBED IN CIVIL CODE SECTION. 1189. WORD: COMDEV/FORMS/BLANK COVENANT... � O O� I w k4 H CD cn , m N Ixi I r -------------- , D' z� ti � Or p m �� egg � � Boo __ ..-"-....._._.... -"'- 1 :0 z DX mg ��3,3 bmr'y• - F 7L 0 N - ' y , p •� ,. 4u;, .... ,q r m - Dr, :o opo cn D D D D D D D D m r - _ m N (- Z � - 't//r, r-/amu/1• X X O m X -1 D {©pm m Om " y N q�rql y D -H y D f) 0 0 a ca c v z r ?— zp i m p m �I. < < qpm- � R7 m N wO D r , ti.. .`a :f �:'r•.:k vi = t i� 1'=P -j. j,_ ;i n;a ...... r,,- Z Z �r.G.f. r.^ N Ci=B R ;53'p'{:rl. C^i R:i. :t•i.. rn } m p ,A ? gra=�' X55 " N $� -o R¢nn 2,a.. _aaa_c„ i 5a z p D m.k'2 .x `FA`9tA a 3 a z g a a., qau ssE N Z S'v4 e? 'h9ro �H'a BSS�kf N zm c o o 3s _3_ a '7w r � a "s � a� 5�°;�� g' =i 7c4'k = Zia• �� �' €. o RaZ a € c _ -mc N m z g z -mH N Q l�ji aA WOPI R.IG CIPAVIRIGS. REMODEL & ADUIT1911 FOR: DAVID M. PARhER ARC'HITEC'T R ur ca�u f'�R••IMRS APCHITE IRE, P{AIIIIII'IG. DESIGII E S. BELLOW, iGUPT 4:5 6,EtDi rPIE SUITE A '+49.97'-3,i15 DIAMOND BAP, CA '41765gpfiJlla EEACH, CA 92651FAY 949951 838 w EEL Z. ADDIT11,11 I FOR: :C. S BELLOWS COUPT I- , 11 SAP., CA '?1765 [.1AM.111 ", 'Ni. Rhai1G UPANAPIIi> d "" 9 1, P. mp- 4 > I d I I W.'al � m I. I. .", — ;,I -, .. m 2n. - DAVID M. P 475 ':EMI AVE SUITE A DC -1114A SEACH. CA '32651 SER ARCHITECT PLAIIIII11C, OESIC-11 741117:-E.&16 FA, 4411351-9838 REMODEL 84UDITIfll FOP: AER ARCHITECT ` WUPI IHCUP4WIIIGc LID N. PARKMFs, PARS. !UI•II•ARCHITECTURE, FLAH1111K., DE5IGII , I N nc u.a rum_u S. EELLCWS COUPT 1 d74 TS1,1, N,I SUITE h+95'7-,Gli UINI,IVI ID BAR, "A •? 17;,,5 _.__ L41-VIIn GE -.CH, rp 9'_61,:1 F4Y 94'9.951-91333 w -7 1116 0 ;u -------- —}--------— I q4 1 r -------- --- I AU em mm P -j IF ---------- ---T (iA Z i 'tit u Z 0 ;u I AU em mm P -j Z i 'tit u Z 0 m n p F, EMODEL ADDIT1011 FOP: Pc_ DAVID M. PARKER ARCHITECT [Vi P. M p C, IJ I . 111 Al'CHITECTURE, PL>IIIIIIIC., CIESIMI Cl -IIJPT — 19 :-.Ek,l A,E -VITE 949:7_--9d '-'� Fp-51 jt�ELL C,14M-)t BAF, -:A 91965 2.,, BEICH. rn D m r n En m n O z 0 m r- 0 O -o r z Z rn n D r rn `r 0 s R wc-PI pi, DPAwIfir's PEEIQDEL �. AAopulTlr,'II POP: DAVID M. PARKER ARCHITECT D ^� �7I`'I II' AF(HITECP@E, PLA1111111i., DESIGH i m`_E- BELL' --W'- COUPT 4-1, a:H E.A.E �JrtE � 3+yE--_;,7•: 1 '� ?1 i�Fiu'izi. �si'inF"�s. ec n.w r�r, t'IAfA'JI'ID 64F, '.A '?'1765 LAr..IJ11A 6EaCH. C- '_651 EH' 3�1.l SI ---- - ..-F•'•- i,,,,,,.,, P ==7d 2C- :.Raid=a :: p �^^,,.,,,^_,.,, ,.- >- . _ ,2i�r ...__.. .c:cr.^ s3s3. �I - isI:eF;x ee_ewws. Vew.P.T q m a ns-:. .. rn a r E �AsEsm9 r5r�c�5.;c.c� c ^„t,-sr.eu.• , r 11 q1 ' dBqy_�m. a� „ A e. -F r n'�'� �, E S€'`;`'F'� �.3 x '$tYF'fp F2?t E•1' �3'kq94r�'>.-� ��iPi�' ^_ -u' ax.... a GN ^2 e�:e .� ZO F 3:. k aR ma” ^� ^q -s6 A^F, F = n k €c _,a y a d 7 � s R wc-PI pi, DPAwIfir's PEEIQDEL �. AAopulTlr,'II POP: DAVID M. PARKER ARCHITECT D ^� �7I`'I II' AF(HITECP@E, PLA1111111i., DESIGH i m`_E- BELL' --W'- COUPT 4-1, a:H E.A.E �JrtE � 3+yE--_;,7•: 1 '� ?1 i�Fiu'izi. �si'inF"�s. ec n.w r�r, t'IAfA'JI'ID 64F, '.A '?'1765 LAr..IJ11A 6EaCH. C- '_651 EH' 3�1.l SI -- r — — --———— I -- — — — —— a A I ! T_ _ _ _—.--_—_— u ml H z Z I n I nn ! 1 111 / !•%.! I Z a A ml m u ml H z / !•%.! I Z n yam, .� o O ..'1;s i{`= 3'.'.ti'1i1%u°' .v._.+__ a3'le'.5:�•p UI Ow„'i i� :.. ? :€•lob N ➢ N C�7 ="=. m D II��gYx _- s _ gI w •� n9 S w a7 e D -ER Y+JP.I II I:; GP. aVlII IG'.. ' PE6.ICGEL :. 4GGITLiII �oF: DAVID M. PARI ARC'HITEC'T D.,.' I. -T I of i ( KIP -Pf HITE� n1PE. PI-MI11llhi. CIE`�� NI i c mr;: n�r� Erwuu EELI.- _ 'l'F- i'`i CtiE.. -E L<GU14 6f f.H. EMZ C i_f51 F: ^i?.:51 %oa? + .i i 1 yrar=; , r nnrt oar C'IAMOI IE' BAF., CA ?17-15 m D � i -w I�II�I./1111 , hi■ 71�c� I,mo�+ r' • I� WORKING DRAWINGS J 1 11F, ��� I r i u111j1 � 1.11 r i i w i LI IIIc 1b01191Pfru ili 1, � I 1 (r i+m misort as�nnn` a`w. mac M c v+^ry aw,.°Svw�.o mmio oa wr vx..t. � '■ 11111_;_ _ ; � r � •' 1 � IELIMi(uffll 'ja, LYtili'� ■ IM1 I — 1 m D a 9 " WORKING DRAWINGS REMODEL & ADDITION FOR: MR. & MRS. GUNN —35. w w i ? uw +r%.m uvvmucm'owc°m�'cv'ro�n' un 526 S. BELLOWS COURT i+m misort as�nnn` a`w. mac M c v+^ry aw,.°Svw�.o mmio oa wr vx..t. DIAMOND BAR, CA 91765 m m z X391 °b;a 9 �$� m ? DAVID M. PARKER ARCHITECT ARCHITECTURE, PAWNING, DESIGN 479 OCEAN AVE SUITE A 949.872-6616 LAGUNA BEACH, CA 92851 FAX 949.951-9838 m m D z z ..li m N m ➢ ue WORKING DRANIINGS REMODEL & ADDIt10N POR: DAVID M. P ffun MR. &.MRS. GUNN ArsoHrtE 526 S. BELLOWS COURT 479 OCEAN Ave surtE A DIAMOND BAR, CA 91765 LAGUNA eEACH, cA 92851 n PSP Vf VM' ;HITECT 949.872-6616 FAX 949.951-9835 Mill) PLANNING COIVIIVIISSIO� 4' AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: 7.4 January 23, 2007 a Fe� I �19• APPLICATION REQUEST: Approval of a Comprehensive Sign Program for the center, the keeping and renovation of a non- conforming pylon sign, and the reduction of setback from property line for new monument sign. PROPERTY OWNERS/: APPLICANT STAFF RECOMMENDATION: Michael McCarthy Country Hills DB, LLC 9595 Wilshire Blvd., Ste. 214 Beverly Hills, CA 90212 Recommend approval to City Council Country Hills Towne Center is located at 2825 S. Diamond Bar Boulevard between Cold Springs Lane and Fountain Springs Road. On December 6, 2005, the City Council approved the entitlements for a fagade renovation for the existing shopping center and the construction of two new buildings on the site. The newbuilding for H -Mart and the fagade renovation is 0're§ently* in p rogress. - A co -n- dapproval poro va-1 for the entitlement s requires that the applicant prepare a Comprehensive Sign Program for Planning Commission review and a recommendation be forwarded to City Council for final review and approval. Another condition of approval requires that the keeping of the existing non -conforming pylon sign and the renovation of the sign be subject to a separate Conditional Use Permit. ANALYSIS: A. Review Authority (Sections 22.58,22.36.060, and 22.48) The proposed project requires the following applications: Comprehensive Sign Program for multi -tenant shopping center and allowing more than five signs. 2. Conditional Use Permit for the keeping and the renovation of the existing nonconforming pylon sign. 3. Variance for the reduction of the monument sign setback from 10 feet to two feet from the property line. The above applications typically are reviewed and approved by the Planning Commission. Due to the specific condition of approval from City Council, the Planning Commission in this case is a recommending body. B. Comprehensive Sign Plan (Section 22.36.060): The purpose of a comprehensive sign program is to integrate signs with the design of the buildings and achieve a unified architectural statement. A comprehensive sign program is required for all projects proposing five or more signs. Through the comprehensive sign program, flexibility in the application of the sign standards is allowed if they meet the intent of the code. The proposed comprehensive sign program for the Country Hills Towne Center establishes standards and design guidelines for new wall signs for both existing buildings and new buildings. Additionally, it includes standards and design guidelines for renovation of the existing pylon sign, directional signs, project identification monument signs, and tenant identification monument signs. The following table provides a summary and recommendations of the proposed Page 2 (CSP No. 2006-04, VAR No. 2006-04 & CUP No. 2007-02) various types of signs and their consistency with the sign standards contained in Section 22.36 of the Development Code. 1. Wall Signs: Sign Buildings Quantity Sign Area WX dations Type Hei ht 5 125 sf 5 ft The number of signs will not create clutter Market due to the large amount of building frontage. A Major tenant wall signs 1 prima primary 125 sf 5 ft Meets intent of code (B-1, Rite Kid) B Major tenant wall signs 1 primary 71.75 sf 0 11 Meets intent of code. t (B-2) Major tenant wall signs 1 -primary _125 _sf 4 ft Staff recommends that the signs be limited to one primary and one secondary wall sign (B-3) 2 secondary 93 sf 4 ft for major tenants B-2 and B-3. Pad tenant 2 32 sf 2 ft; or Existing KFC and Burger King C 3 ft logo Multi -tenant for shops at 50 sf 2 ft; or Staff recommends 1 wall sign per building Winches elevation up to a maximum of 3 per D D-2 letier/logo; business or 5 ft logo Multi -tenant for new two- primary 50 sf 3 ft Staff recommends that the secondary wall be reduced to 30 square feet; and allow D story shop building (D-1) secondary 50 sf 18 inches sign 1 sign per building elevation up to a maximum of 2 per business Multi -tenant for inline 1 primary 35 sf 2 ft �l,�,n A�l;s Meets intent of code. A secondary allowed only if the tenant has a 50 feet plus E shops I secondary 14 inches lea5ed frontage. Multi -tenant for food I per tenant 22 sf 18 inches o criteria shuld clearl oSingen per tenant is permittedystate that only. F court Four-story medical office 2 primary 125 sf 2 ft Meets intent of code. building 2 secondary 30 sf 16 inches Page 3 (CSP No. 2006-04, VAR No. 2006-04 & CUP No. 2007-02) 2. Monument Signs: Type Quantity :An!`61v-sis.: (sq. Project 2 32 sf 6 ft 2 ft Diamond Bar Blvd. Recommend approval of setback identification frontage Variance request (CH) _T2 Market (M) sf­_6 ft 2 ft Cold Springs Ln. Variance requested for setback. Staff entrance & Fountain does not recommends approval of _sf -ft Springs Rd. entrance the variance setback Pad tenantDiamond j4 7.5 ft Did BBl Bar approval of setback (PT) _24 frontage Variance request Multi -tenant 2 sf 4.75 ft 2 ft Diamond Bar Blvd. Meets intent of code because of size (ME) (4 tenants entrance of center. on each --i- side) _24 -ft Multi -tenant sf with 7.5 2 ft Diamond Bar Blvd. 10 monument signs along Diamond (MF) 4 tenants frontage Bar frontage. Staff is of the opinion on each that it is overcrowding the side streetscape and recommends the multi -tenant sign close to Burger King be eliminated. With a comprehensive sign program, the sign codes allow the flexibility for increasing the number of monument signs. The center is about 20 feet below street grade, which results in poor visibility from Diamond Bar Boulevard. Therefore, the additional number of wall signs over that allowed by the development code will improve the visibility and the name recognition of types of shops within the center. However, increasing the number of monument signs should not result in overcrowding the street frontage. Staff recommends that the one multi -tenant monument sign closest to Burger King be eliminated. With respect to design of the proposed monument signs, they are aesthetically appealing and complement each other with the use of stacked stones and cornice treatments as common features. C. Conditional Use Permit (Sec. 22.58): The, applicant is proposing to renovate the existing double -sided pylon sign located in the median of the main entrance driveway off Diamond Bar Boulevard. The pylon sign was constructed in 1961, which predate City incorporation. It is considered nonconforming because the City's Development Code prohibits pole signs. However, Section 22.68.030 of the Development Code allows modifications to nonconforming structures with Page 4 (CSP No. 2006-04, VAR No. 2006-04 & CUP No. 2007-02) approval of a conditional use permit. The modifications must be necessary for safety reasons, to reduce fire hazards or to improve the aesthetics of the structure and that the Conditional Use Permit findings can be met. The applicant proposes to remove the existing sign cabinets and install two new cabinet signs at the top for major tenants and spaces for seven tenants in the middle portion. A Country Hills Towne Center identification logo sign is proposed for the lower portion of the sign. The sign posts are proposed to be clad in stacked stone and the sign will have a cap with a cornice type treatment. The proposed modifications will enhance the aesthetics of the structure, complement the proposed improvements to the shopping center buildings, and provide further visibility to the center. D. Variance (Section 22.54): The required setback for monument signs is 10 feet from the property line. The applicant proposes a setback of two feet. As mentioned in the above section, the site is approximately 20 feet below the street grade with a 2 to I slope that exists behind the sidewalk and property line. Placing a monument 10 feet from the property line within a 2 to I slope will require a support wall of more than 10 feet, which increases the total height of the monument sign to 16 feet to be seen from Diamond Bar Boulevard. By reducing the setback to two feet from the property line, it will allow the monument signs to be approximately 6-71/2 feet in height and be visible, from the street. Therefore, a variance is necessary and staff can make the findings to support the approval of the variance. No other commercial center has the same condition as Country Hills Towne Center. It is a unique site and has unusual circumstances where the approval of the variance will allow the property owner to enjoy the same rights as other commercial center property owners in the same zone. Staff recommends that the variance request for the monument signs proposed along Diamond Bar Boulevard be approved. However, the variance request to reduce the monument sign setbacks for both Cold Springs Lane and Fountain Springs Road is not supported by the site constraints. Therefore, staff does not recommend approval of the monument signs at Cold Spring Lane and Fountain Springs Road. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspaper. 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. Page 5 (CsP No. 2006-04, VAR No. 2006-04 & CUP No. 2007-02) ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt pursuant to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. RECOMMENDATIONS: Staff recommends that the Planning Commission approve the project with conditions. Prepared by: Sandra Campbell Contract Senior Planner Reviewed by: Nancy Fong, AICP Community Development Director Attachments: 1 Draft resolution recommending approval of Comprehensive Sign Program No. 2006-04, Conditional Use Permit No. 2007-01 and Variance No. 2006-04; 2. Exhibit "A" — Country Hills Towne Center Master Sign Plan Page 6 (CSP No. 2006-04, VAR No. 2006-04 & CUP No. 2007-02) PLANNING COMMISSION RESOLUTION NO. 2007 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF THE COMPREHENSIVE SIGN PROGRAM NO. 2006-04, CONDITIONAL USE PERMIT NO. 2007-01 AND VARIANCE NO. 2006-04 FOR THE COUNTRY HILLS TOWNE CENTER IN THE C--2 ZONE, LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA (APNS 8285- 020-31 THROUGH 51). A. RECITALS. The property owner and applicant, Country Hills DB, LLC, has filed an application for Comprehensive Sign Program No. 2006-04, Conditional Use Permit No. 2007-01 and Variance No. 2006-04 for property located on Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Comprehensive Sign Program and Variance shall be referred to as the "Application." 2. On January 12, 2005, property owners within a 700 -foot radius of the project site were notified by mail and public hearing notice for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, public hearing notices were posted in three public spaces at least 10 days before the public hearing. 3. On January 23, 2007, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this resolution does not require further CEQA review. 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 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Comprehensive Sign Program (CSP) The proposed project is consistent with the required comprehensive sign program findings contained in Section 22.36.060 of the Development Code as follows: (a) The Comprehensive Sign Program satisfies the purpose and the intent of Section 22.36.010 of the Development Code. (b) The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the comprehensive sign program and to the structure and/or uses they identify, and to the surrounding development. The signs contain similar treatments, colors, location and size that are internally consistent and compatible with the proposed renovation of the Country Hills Towne Center fagade. (c) The comprehensive sign program accommodates future revisions that may be required due to changes in uses or tenants. The sign program contains standards and guidelines that new signs are required to meet. (d) The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully 2 Planning Commission Resolution No. 2007 -XX CSP 2b06-04, etc. accomplish the purposes of this chapter. As conditioned and with the approval of the variance, the comprehensive sign program complies with the standards with additional signs and height that allows signs to be seen from the public right-of-way. The comprehensive sign program standards will provide an aesthetically appealing quality that will enhance the overall appearance of the Country Hills Towne Center. Variance MARI (a) - There are special circumstances applicable to the property so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self- created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards. The variance is required to allow the property owner to reduce the monument sign setback from Diamond Bar Boulevard. The special circumstance applicable to the property is the approximately 20 -foot grade difference between the roadway and the shopping center. The grade difference will result in poor visibility of the monument signs from the public street if the minimum 10 -foot -wide setback is enforced. The site's grade difference from the roadway places constraints on. the use of the property that are not shared by other properties in the same zone. The gas station and carwash properties located on the corner of Diamond Bar Blvd. and Cold Springs Lane have relatively flat slopes and are at approximately the same grade as Diamond Bar Blvd. (b) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property for which the variance is sought. The strict application of the development standard would deny the property owner the right to construct monument signs with sufficient visibility from Diamond Bar Boulevard. The adjacent commercial properties are close to or at the same elevation as Diamond Bar Boulevard. (c) Granting the variance is consistent with the general plan and any applicable specific plan. The variance is consistent with Objective 1.3 3 Planning commission Resolution No. 2007 -XX CSP 2006-04, etc. of the General Plan Land Use Element that states that sufficient land shall be designated for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs. The proposed comprehensive sign plan with the approval of the variance for setbacks and the conditional use permit for the pylon sign will enhance the proposed renovation of an existing shopping center. The proposed renovation will assist in the revitalization of an older shopping center by enticing new customers into the center. Consequently, the project will assist in the retention of an existing retail center that provides services to nearby residents. (d) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Los Angeles County Fire Department requirements. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (a) through (c), the proposed project will not have a negative effect on property values or in the vicinity. (e) The proposed entitlement has been reviewed in compliance with the provisions of CEQA and found to be categorically exempt pursuant to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. CONDITIONAL USE PERMIT (CUP) The proposed project is consistent with the required conditional use permit findings contained in Section 22.58.040 of the Development Code as follows: (a) The proposed use is allowed 'within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of the development code and the Municipal Code. The proposed project involves modification to an existing nonconforming pylon sign. The CUP will allow the continued use of a nonconforming structures with improvements to the sign that will be aesthetically consistent with surrounding buildings and signs. 4 Planning Commission Resolution No. 2007 -XX CSP 2006-04, etc. (b) The proposed use is consistent with General Plan Objective 1.3 that states, "Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design." The proposed modifications to the nonconforming structure is consistent with this objective in that, as conditioned, it will provide an aesthetically appealing sign that will blend with the surrounding area and, will complement the design of the Country Hills Towne Center. The proposed modification is also consistent with the Country Hills Towne Center comprehensive sign program. (c) The design, location, size, and operating characteristics of the proposed use are compatible with existing and future land uses in the vicinity. As conditioned, the proposed modifications to the nonconforming structure are consistent with design of the shopping .center and will provide an aesthetically appealing structure that will complement and enhance the surrounding area. (d) As referenced above in Items (a) through (c), the project 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. (e) As conditioned, the proposed project 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. Before the issuance of any City permits, the proposed project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. (f) The proposed project has been reviewed in compliance with CEQA and found to be categorically exempt pursuant to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the Application subject to the following conditions: a. General 1. The project shall substantially conform to the Comprehensive Sign Program 2006-04 labeled as Exhibit "A" dated 5 Planning Commission Resolution No. 2007 -XX CSP 2006-04, etc. January 23, 2007, as submitted to and approved by the Planning Commission, and as amended herein. 2. To ensure compliance with all conditions of approval and applicable codes, the conditional use permit shall be subject to periodic review. If non-compliance with the conditions of approval occurs, the Planning Commission may review the conditional use permit. The Commission may revoke or modify the conditional use permit. 3. 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 fee for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. b. Planning Division 1. Before issuance of any City permits, the applicant shall provide revised comprehensive sign program for the Planning Division's review and approval with the following changes: (a) The maximum of one primary and one secondary is allowed for major tenants B-2 and B-3. (b) Only one wall sign shall be allowed for food court tenants. (c) The multi -tenant monument sign (MF) closest to Burger King shall be eliminated at the Diamond Bar Boulevard frontage. (d) One wall sign per building elevation up to a maximum of 3 per business for shops at D-2. (e) The secondary wall sign for shops at D-1 shall be reduced to a maximum of 30 square feet. (f) One wall sign per building elevation up to a maximum of 2 per business for shops at D-1. 6 Planning commission Resolution No. 2007 -XX csp 2006--04, etc. 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 Applicant, Attn: Michael McCarthy, Country Hills DB, LLC, 9595 Wilshire Blvd., Ste. 214, Beverly Hills, CA 90212 APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. LIMA Steve Nelson, 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 23rd of January 2007, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 7 Planning Commission Resolution No. 2007 -XX CSP 2006-04, etc. Master Sign Plan found in file F - z ui F- ry CL LLJ r-) z Z LU 0 LLI U- > 0 ui U.z 1 15 15 0 C) U) 0 4 (D CD (D c) o z z P z p z P ce) ¢ < ZZ z z z z 0 0 0 0 N IL CL IL CL IL ILEL Iii ui w ui UJ w w ui IL 2 z DL 15- z ( 15 z EL 15 z U) 00 00 00 00 C)() IL IL F= z¢ Up z¢ Up z¢ UP Z < CLC 0 Of n 0 ry 0 fy 0 Q —0 0 0 0 0 ❑U- I.L W z LL W z U- W Z UJ z —_j (LJ Y= _—j U- _—j < 0 z F- < 0 z < z �- < 0 z z 0 (D z (D z 0 z 0 t-- F- z F- z I--�- z 0 0 Z Z z C) 60 Cf) UJ < c -)o C/) w <❑ M C-)❑ <❑ 0 0 0- CY) n IL IL IL < CL ry 0 < CL W (.) 0 — < -j IL ry -j < CL ry IL 0 ry (L 0 ry, 0-0U- n- 0 < LL IL ¢O a. < Ll- m 0 z m. m w 0 C) W CL U) D z ry < < w z 7 ui U 0 LU :E Z LU 15-- LU M U) U) CL U) w -j !:�- :5 0- C) 2 0 Of U- W W >- LIJ Z z w w z < _j 0 w z > w < m W > uj Z ui — D n L) Y o < < to C) J D L < U) < -j < U) (L CL < co co 9 C� ":t 9 9 - 0 co 1� cli co 9 N 9 Cl) 9 N CD LO 04 9 cn F- C6 Cl CD 6 (D C) 0 0 g C, t�. 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CL NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On January 23, 2007, 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 January 19, 2007, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on January 23, 2007, 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 January 19, 2007, at Diamond Bar, California. Stella Marquez Community ty ommunity Developmen_tDe meet gA\affidavitposfing.doc January 22, 2007 City of Diamond Bar — Planning Commission 21825 Copley Drive Diamond 91765 RE: Property Remodel 526 Bellows Ct. (tract 42587, Lot 15) Diamond Bar 91765 Dear Sirs: We understand that the proposed remodel may improve the living conditions of a growing family. We are concerned about the following issues: 1. Will the dwelling remain single-family? 2. Will the addition curtail or provide space for their children to use a safe play area? The children are regularly playing in the street, unsupervised, endangering themselves and creating a driving hazard for even the safest motorists! Toys and debris are strewn throughout the front yard and street area continually. 3. Will the residents reside in the dwelling during construction? If so, how will their parking needs be met? To date, the residents continue to park (without permission) in other neighbor's driveways when their own drive is occupied. 4. Does the remodel reduce the size of the front yard bringing the house closer to the sidewalk? 5. How long will the construction take and what is the work schedule each day? How early will the noise begin on weekend days? Who can be contacted in case there is a problem with either traffic disruption on the street or excessive noise? We are unable to attend the hearing but would appreciate a response in writing. Thank you, Roger & Cynthi Smith 500 S. Bellows Court ritt Cit of Diamond Bar - 'T 2007 City January 21, Community Development Department/Planning Division 21825 Copley Dr. r} J Diamond Bar, CA 91765 Subject: Development Review No. 2006-21/Minor Conditional Use Permit No. 2006-11 Dear Sir or Madam: I submit this letter about the remodel and construction considered for: 526 Bellows Court. Here are my concerns: 1.) Would the construction reduce or eliminate the front or back yard area? Currently, the four children play in the street, without adequate adult supervision on many occasions. I hope the remodel will resolve this terrible danger! 2.) Would the addition remedy the ongoing parking problem? The 2 adult occupants have four vehicles: 1 white sedan; 1 green SUV which are parked in the front and side -yards (in unkempt, torn car covers) 24/7. The white car has not been moved in 2 years; the green SUV has been parked in the front years since Summer'06. A black truck is used and parked daily in the drive. Another working vehicle (blue SUV) is parked on the street (garage clutter prevents car storage) regularly being cited for parking violations. Frequently, the occupants park their vehicles in other neighbor's driveways without permission. How will this lifestyle comport with the additional construction traffic? The parking problems and debris in the front yard are distressing. 3.) A relevant question is: is there one family residing here? Will that change after the addition? 4.) 1 am concerned the second -story will obstruct my view of the mountains and have an effect on my property's value. How will the observation deck be constructed? How large is it and will it have enclosed fencing? Not only could the feature block the view but it might contribute a safety hazard for the children. 5.) Who is the builder? Will this be a quality project, complementing the style of the neighborhood? (Other neighboring remodels show shoddy workmanship like crooked roof tile, facia boards or windows.) 6.) What is the duration of the project start to finish? (Other neighboring remodels have incomplete, lengthy construction which is an eye -sore.) I realize the residents have a growing family and I'm hopeful their improvements help. However, l do know the construction and additional trucks will surely add to the potential safety risks for the children — there have already been several close calls. I appreciate the opportunity to communicate my concerns about the proposed project for #526. Sincerely, Helene Nakatsu 529 Bellows Court VOLUNTARY RF -QUEST TO ADDRESS THE PLANNING COMAUSSION ,GENDA ITEM SUBJECT: '0: Planning Commission Secretary DATE: (7-.,,7 10:7 - ROM: uxk= ADD S: )RG TION: PAZ ;UBJECT: would like to .address the Plan C, on the above stated hem e have the Commission Minutes Planning onmsmon it Leh�e -eflect my name and address as printed above. VOLUNTARY REQUEST TOADDRESS .THE PLANNING COMMISSION ENDA ITEM SUBJECT: Planning Commission Secretary DATE: L DLS: GANIZATION: x. Auld like to .address the Plan Commission on the above stated Planning item. Please have the Commission Minutes !ct'7ny name and address as printed above. i. S r TE: All Persons may attend meetings and address the Planning Commission. This form is intender to assist the Chairman in ensuring th at all PerSOM wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the 111inutes.