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Home My WebLink About02/13/2007PLANNING `"E Copy • 13, 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 Tomg 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 // 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 n nrl mnrni irnno c unit to rin the _camp ��HnOfO'80OOO��[ ~.^� -'_. Diamond Bar Commission MEETING RULE PUBLIC INPUT The meetings of the Di8[nODd B8[ Planning Commission are open to the public. A nnernba[ of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter 'uhSdiuUOOofthe OiaOloDdBar Planning (�oDOmi8eiOD. Arequest tOaddress the <�onlrnios�nshould 'esubmitted iOwriting 8tthe public hearing, b}the Secretary ofthe Commission. As 8 general rule, the OpoD�un�v for public comments will take place at the discretion of the Chair. However, order bJfuc'�ote ' n)a8tng' persons who are interested parties for 8O item may be requested togive their presentation etthmU08theiternbScaUedOnthec@|endar. The Chair may limit individual public input to five minutes OD any ihanl; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. individuals are requested to COOdUCt themselves in 8 p[Of8S8iOOal and businesslike Dl8DDe[ Comments and questions are we|COnno so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act),all matters to beacted oDby the Commission must ba posted at least 72 hours prior tothe Commission meeting. In Caaa of emergency or when a aUNaot matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act onitem that isnot onthe posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Ao8Od@S�Diamond i@[DODdB8[ P|8OOiDg Commission meetings are pby the Planning Division Of the —° Community Development Department. Agendas are available 72,hOU[G priortothe 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 and duplicate topes one available for a nominal charge. A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service Ofthe cordless microphone eOdsjgO|GDgUgg8iDt8rorete[s8nviCeo are available by giving notice at least three business days in advance of the OOaobDg. Please telephone (S09)O3S-7O3Obetween 7:3O@.0.and 5:30p.rD..Monday through Thursday, and 7:3O8.Dl. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas K]OS\O3S-7O3O CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, February 13, 2007 CALL TO ORDER: 7:00 P.M. Next Resolution No. 2007-08 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 voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 Minutes of Regular Meeting: January 23, 2007. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2004-17(2)/Tree _Permit No. 2004-10 — In accordance to Sections 22.48 and 22.66.050 of the Diamond Bar Municipal Code, the applicant requests a one year extension of time approval to begin construction on the previously approved application to construct an approximate 1,382 square feet two story addition with 990 square feet two story balcony and patio cover colonnade in the rear of an existing single-family residence. The request also includes the removal and replacement of protected/preserved oak and walnut trees to grade and construct the series of retaining walls in areas of varying topography from two to seven feet exposed height. The grading and FEBRUARY 13,2007 PAGE 2 PLANNING COMMISSIOL walls create a new pad for a basketball court, swimming pool and spa. Staff's Development Review No. 2004-17(1) approval deleted the guesthouse on November 18, 2005. Project Address: 2800 Steeplechase Lane Property Owner: Robert and Mary Chang 2800 Steeplechase Lane Diamond Par, CA 91765 Applicant: Kent Wu 12744211 E. Center Court Drive Covina, CA 91724 and Focus Engineering, Inc. 254317, Mauchly Irvine, CA 92618 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA), Section 15303(a). The Planning Commission previously certified that the project is environmentally categorically exempt. No additional environmental review is required for the extension request. Recommendation: Staff recommends that the Planning Commission approve the one-year extension for Development Review No. 2004-17(2)[Tree Permit No. 2004-10, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Conditional Use Permit No. 2006-16/Development Review No. 2006-36 — In accordance to Sections 22.58, 22.48, and 22.42 of the Diamond Bar Municipal Code, this is a request to install and co -locate a wireless telecommunications facility #LA0454A with six antenna mounted on a new structurally modified park light pole consistent with City Council's Capital Improvement Project (CIP) for Sports Field Lighting at Peterson Park and to construct an enclosed equipment building to match existing park facilities. Project Address: Diamond Bar Peterson Park 24142 E. Sylvan Glen Road Diamond Bar, CA 91765 Property Owner: City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 FEBRUARY 13, 2007 PAGE 3 PLANNING COMMISSION Applicant: Royal Street Communications C/O Core Communications - Ms. Maree Hoeger 2923-#A Saturn Street Brea, CA 92821 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 Conditional Use Permit No. 2006-16IDevelopment Review No. 2006-36, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Development Review No. 2006-28/Tree Permit No. 2006-07 — In accordance to Sections 22.48, 22.42 and 22.38 of the Diamond Bar Municipal Code, this is a request to demolish an existing home of approximately 5,000 square feet and construct a new home of approximately 23,996 square feet with four levels, seven car garage and viewing lounge. This reqbest also includes a tennis court, 935 square foot second house and retaining walls not to exceed an exposed height of seven feet. The Development Review is a design/architectural review. The Tree Permit is required for the preservation of California pepper and walnut trees. Project Address: 2260 Indian Creek Road Property Owner: Mr. ' and Mrs. Derek Lee 2260 Indian Creek Road Diamond Bar,'CA 91765 Applicant: ConDocS, Inc., Aaron Walker 4531 Belham Court Westlake Village, CA 91361 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-28/Tree Permit No. 2006-07, Findings of Fact, and conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: FEBRUARY 13, 2007 PAGE 4 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: PRESIDENT'S DAY: CITY COUNCIL MEETING: PARKS AND RECREATION COMMISSION MEETING: PLANNING COMMISSION Monday, February 19, 2007 — In observance of President's Day, City offices will be closed. City offices will re -open Tuesday, February 20, 2007 Tuesday, February 20, 2007 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, February 22, 2007 — 7:00 p.m. -SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive L.A. COUNTY HOUSEHOLD Saturday, February 24, 2007 — 9:00 a.m. HAZARDOUS WASTE/E-WASTE 3:00 p.m. — Gateway Corporate Center, ROUND UP: 1300 Block of Bridge Gate Dr. PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING 11. ADJOURNMENT: Tuesday, February 27, 2007 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, March 8, 2007 — 7:00 p.m. SCAQMD/Gov * ernment Center Hearing Board Room — 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 23, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Wei led the Pledge of Allegiance. 1. ROLL CALL 9 3 4 Present: Commissioners, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng and Chairman Steve Nelson. Absent: Commissioner Kwang Ho Lee was excused. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney; Sandra Campbell, Contract Senior Planner; Linda Smith, Development Services Associate; and Stella Marquez, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: As Submitted CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of January 9, 2007. VC[Torng moved, C/Wei seconded to approve the Minutes of January 9, 2007, as corrected by Chair/Nelson. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None VC/Torng Wei, Nolan, Chair/Nelson None Lee JANUARY 23, 2007 7. CONTINUED PUBLIC HEARINGS: MAN PLANNING COMMISSION 7.1 Conditional Use Permit No. 2006-17 — in accordance with Chapters 22.84 of the City of Diamond Bar Development Code the applicant requested approval of plans to co -locate an additional wireless communications 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 Walnut Valley Unified School District 880 S. Lemon Avenue Walnut, CA 91789 APPLICANT: Maree Hoeger, Project *Manager Royal Street Communications 2923-A Saturn Street Brea, CA 92821 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2006-17, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nelson opened the public hearing. Maree Hoeger, Project Manager, explained the project and said that the applicant agreed with the conditions of approval. Craig Clute, 21217 Fountain Springs Road said this site was previously denied co -location and wanted to know why this project was recommended for approval. He opposed the project because he did not like the proliferation of sites already existing in his area. Further, it was his understanding that there were no funds available to maintain the area. However, the school district is benefiting from these sites and should be required to maintain the landscaping that is in poor condition. If the Commission were to allow an additional co -location site it should impose additional screening. JANUARY 23, 2007 PAGE 3 PLANNING COMMISSION Maree Hoeger said she could not speak to the other carriers. However, the applicant intends to fully comply with the City's Development Code provisions. In addition, the applicant is not proposing to increase the height of the pole or expand the existing lease area and the new site will be located entirely within the current footprint. The applicant has agreed to fully screen its equipment and add landscaping and irrigation on the slope. CDD/Fong responded to Mr. Clute that several years ago the City dealt with the influx of several cell sites in the City. As a result, the City studied the matter in detail and amended the Development Code to include new regulations for installation of wireless cell sites/antennas. At the same time a map was included that identified pre -approved locations for installation of wireless antenna and co -location. The state, not the City regulates the school district. However, during the approval process a condition could be added to require the applicant to provide follow-up maintenance of the newly installed landscaping. CDD/Fong reiterated to Chair/Nelson that the school district is exempt from City regulations. Chair/Nelson suggested writing to the school district about the poor condition of the area. VC/Torng agreed and suggested Mr. Clute register his complaint with the school board. CDD/Fong confirmed to C[Wei that this site is a permitted site under the City's code. VC/Torng moved, C/Nolan seconded to approve Conditional Use Permit 2006-17, Findings of Fact, and conditions of approval as listed within the resolution with the addition of a condition that the applicant be required to maintain their landscaping. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Nolan, Wei, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee 7.2 Conditional Use Permit No. 2006-18, Development Review No. 2006-44 and Variance No. 2006-06 — In accordance with Chapter 21 of the City of Diamond Bar Development Code, the applicant requested the following approvals: Conditional Use Permit No. 2006-18 for on-site sale of general alcohol at a bona fide eating establishment; Development Review No. 2006-44 for construction of a new approximately 6372 square foot PAGE 4 PLANNING COMMISSION restaurant; and, Variance No. 2006-06 to reduce the required parking lot setback. The project is consistent with the implementation of the approved Diamond Bar Village Specific Plan. 7-0471w�'� 707 Grand Avenue Diamond Bar, CA 91765 Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 APPLICANT: Rachael Miller RHL Design 3001 Douglas Boulevard No. 210 Roseville, CA 95661 CSP/Campbell presented staffs report and recommended Planning Commission approval of 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 resolution. CDD/Fong responded to C[Wei's concerns about what hours other restaurants in Diamond Bar are allowed to serve alcohol stating that hours are generally coordinated with the establishment's usual business hours. VC/Torng felt that landscaping of the area was very important because the project was located at one the City's foremost gateways. In response to Chair/Nelson CSP/Campbell pointed out on the map the line of the proposed variance that affected a small corner of the parking lot area. Rachael Miller, RHL Design, asked for reconsideration of the condition to reduce the "to go" sign from 11 feet to six feet along and concurred with elimination of Condition 8 and agreed to all other conditions. CDD/Fong responded that since the City has no regulations involving the type of sign proposed, staff must consider it to be a directional sign which allows a maximum sign size of six square feet. Ms. Miller asked if a compromised could be reached on the sign and CDD/Fong responded affirmatively if the applicant were willing to replace it with a low -profile directional sign in accordance with the City's Sign Ordinance. Ms. Miller confirmed that the applicant would redesign the sign accordingly. JANUARY 23, 2007 Chair/Nelson opened the public hearing. PLANNING COMMISSION With no one present who wished to speak on this item, Chair/Nelson closed the public hearing. C/Wei moved, C/Nolan seconded to approve Conditional Use Permit No. 2006-18, Development Review No. 2006-44 and Variance No. 2006-06 with the elimination of Condition 8 and modification of Condition 10 to have the applicant work with staff to provide a more low profile directional sign subject to review and approval by the Community Development Director. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Wei, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee 7.3 Development- Review No. 2006-21 and Minor Conditional Use Permit No. 2006-11 — In accordance with Code Sections 22.48,22.56 and 22.68, this was a request to remodel and construct 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 was a design/architectural review and the Minor Conditional Use Permit was required due to the existing legal non -conforming front yard setback. PROJECT ADDRESS: rg�.��Mi ONSEN "I 526 Bellows Court Diamond Bar, CA 91765 Evangeline S. Gunn 526 Bellows Court Diamond Bar, CA 91765 Jeff and Vangie Gunn 526 Bellows Court Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2006-21 and Minor JANUARY 23, 2007 PAGE 6 PLANNING COMMISSION Conditional Use Permit No. 2006-11, Findings of Fact, and conditions of approval as listed within the draft resolution. AssocP/Lungu responded to VC/Torng that the lot size was apportioned under the County's code and that a fireplace can encroach into the side yard up to 30 inches. She explained how staff arrives at lot coverage ratios. C/Wei asked what the architect's opinion was about removing the third level observation deck. AssocP/Lungu responded to questions included in letters received by the Commission as follows: The construction will not reduce or eliminate the front or backyard area. CDD/Fong responded that the City's ordinance requires that vehicles be parked on paved areas. AssocP/Lungu stated that the driveway would be widened during construction to accommodate parking of cars in the area adjacent to the current parking pad as depicted in the photograph. CDD/Fong responded that the applicant has six months from date of inspection to complete construction and can request one extension only. C/Nolan asked if staff's recommendation was to not approve the third floor landing and AssocP/Lungu responded yes because the deck would have an adverse affect on all of the other elevations. Evange,line Gunn, property owner, asked for Commission approval for the addition to accommodate their large family. She pointed out that the letters addressed to the Commission indicate that the authors approve of the project because the neighbors believe it would enhance the neighborhood. David Parker, architect, explained the project and responded to questions and.concerns by showing a photograph and rendering overlay of the proposed project and made a case for including the deck that would be rendered unobtrusive and away from sight from the front and side view areas. Chair/Nelson opened the public hearing. Marilyn Walker, 578 Topside Place (behind Bellows Court), said her only concern was that they too may not be able to continue enjoying the views after the applicant added a deck to their home. She was concerned about JANUARY 23, 2007 PAGE 7 PLANNING COMMISSION whether the applicant's third floor deck would obscure her view of the mountains and the cities. Chair/Nelson closed the public hearing. Chair/Nelson asked if there were prohibitions against more than one family per household. CDD/Fong responded that staff requires the applicant to sign a Covenant and Agreement to maintain the structure as a single-family residence. Chair/Nelson asked the applicant if she parked her vehicle in the neighbor's driveway and Mrs. Gunn responded that she did not. She saw the photograph. Chair/Nelson asked if it could have been a visitor and Mrs. Gunn responded that it could have been during the holidays but she did not recall such an occurrence. C/Nolan asked if the applicant's home-based music business infringed on the neighbors parking and Mrs. Gunn responded that her business was internet- based only. CDD/Fong responded to VC/Torng that staff is concerned about the third level deck that is out of the ordinary and incompatible with the neighborhood. Chair/Nelson said the architect commented that the deck would not be visible to most residents in the adjacent areas. On one hand, what was wrong with applicants doing something unique with their homes as long as they conformed to the City's codes? On the other hand, if the proposal was highly visible and an obvious intrusion into the character of the neighborhood it would be understandable that staff would want to disallow the deck. C/Nolan asked if staff was concerned about the view of the rear yard and AssocP/Lungu explained that staff had allowed a great deal of latitude forthe applicant to design something different. It fits into the neighborhood, it is very different from what is found with other properties in the area, it is massive and it is very attractive. She was not certain how much increased view a third floor deck would allow. C/Nolan asked if staff was concerned about the home-based business and AssocP/Lungu responded that in accordance with the City's home-based business ordinance anyone doing business out of their home is required to register their business with the City. Mrs. Gunn said she was not creating revenue from her home, she said they were writing music and recording it for their personal use. If someone likes JANUARY 23, 2007 F9 -1W RAFT a PLANNING COMMISSION their music they are invited to a recording study for production at which point they are paid. Therefore, she believed it was a home office with recording equipment. C[Wei felt there was no reason to limit the third level deck as long as the project conformed to the City's code. However, in viewing it from the right elevation it appeared to be too massive for the structure and he shared staffs concerns that the depth of the deck should be reduced slightly. Mr. Parker said he did not recall how deep the deck was proposed but that it could be reduced somewhat to fit with the horizontal of the house as indicated by Chair/Nelson. Mr. Parker said that if the project were so conditioned and approved this evening the applicant would be happy. If the deck were pulled back it would be behind the roofline and afford privacy to the neighbors. In response to staff and Commissioners concerns Mr. Parker drew in what the reduced deck would look like on the plans. ACA/Kovacevich asked the architect to provide the hand drawn copy of the redesigned plan to staff to be used if the Commission approves the redraw. C/Nolan moved, C/Wei seconded to 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 resolution in accordance with the reduction redesign of the third level deck presented during deliberation by the project's architect. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Wei, VC[Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee 7.4 Comprehensive Sign Program No. 2006-04, Conditional Use Permit No. 2007-01 and Variance No. 2006-04 — In accordance with Chapter 22 of the City of Diamond Bar Development Code, the applicant 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 JANUARY 23, 2007 PLANNING COMMISSION nonconforming pylon sign, and Variance No 2006-04 to reduce the required setback from the public right-of-way for monument signs (Development Code Section 22.36.130.) 2825 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Country Hills DB, LLC 9595 Wilshire boulevard, Suite 214 Beverly.Hills, CA 90212 CSP/Campbell presented staff's report and recommended that the Planning Commission recommend City Council approval of 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 resolution. Michael McCarthy, applicant, said he was very excited about the sign program which he believed turned out especially well. With respect to the Fountain Springs/Cold Springs variance he was okay with the Planning Commission not approving that portion of the variance relating to the setback from the public right-of-way relative to the number of signs on Diamond Bar Boulevard. The two antiquated signs for Burger King and Kentucky Fried Chicken will be replaced by one new sign that includes a four -panel sign for the other position. Mr. McCarthy explained to VC/Torng that all of the businesses were separately addressed. Usually in shopping centers addresses are very discretely placed above the door of the busine ' ss primarily for verifying package deliveries. He felt that VC/Torng's personal experience of locating shops by address was a rarity. CDD/Fong stated that VC/Torng's concerns were valid and perhaps the street numbers'Could be put at the bottom of the Pylon sign i.e.: 2700-2800 in place of the "City of Diamond Bar." Mr. McCarthy felt that "City of Diamond Bar" was important to have on the sign. C/Nolan said she was not concerned about the anchors but about the smaller stores. Mr. McCarthy suggested making more room for the numbers and leaving in the "City of Diamond Bar." CDD/Fong pointed out where the numbers could be placed. Chair/Nelson felt it was a good suggestion but that the numbers did not need to be huge because the center was not on a major thoroughfare that travels JANUARY 23, 2007 L-11 a PLANNING COMMISSION for several miles with people searching along the way for particular address numbers. Chair/Nelson opened the public hearing. With no one present who wished to speak on this matter, Chair/Nelson closed the public hearing. VC/Torng moved, C[Wei seconded to recommend City Council approval of 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 resolution with the addition of a condition to add 8 -inch address numbers to the Pylon sign for the entire center and to eliminate Condition 1(c). Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Nolan, Wei, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee PLANNING COMMISSIONER COMMENTWIN FORMATIONAL ITEMS: VC/Torng said he was still concerned about third story decks and recommended that staff take the current code under advisement for possible amendment or change. Chair/Nelson said he concurred with VC/Torng's concerns about a third story deck and suggested that if applicants approach staff for this type of project that they be advised the Planning Commission would tend to look closely at the adverse impacts. STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Public Hearing dates for future projects. VC/Torng advised SAA/Marquez that he planned to attend the March Planner's Institute. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. JANUARY 23, 2007 PAGE 11 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 9:14 p.m. Attest: Respectfully Submitted, Nancy Fong Community Development Director Steve Nelson, Chairman PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.1 MEETING DATE: February 13, 2007 CASE/FILE NUMBER: Development Review No. 2004-17(2) and Tree Permit No. 2004-10 PROJECT LOCATION: 2800 Steeplechase Lane APPLICATION REQUEST: Request for one year extension of time to exercise the entitlement for the approved two-story addition to the single-family residence with accessory structures PROPERTY OWNERS: Robert and Mary Chang 2800 Steeplechase Lane Diamond Bar, CA 91765 APPLICANTS: Kent Wu, 12744211. East Center Court Drive, Covina, CA 91724; and, Focus Engineering, Inc., Charlie C. Liu, 254317, Irvine, CA 92618 STAFF RECOMMENDATION: Approve the one year extension On November 23, 2004, the Planning Commission adopted Resolution No. 2004-50 and approved the proposed project. Subsequently, staff approved Development Review No. 2004-17(1) and Tree Permit No. 2004-10 for a minor revision that deleted most of the -slope -grading and the guesthouse. According to the applicants, the significant geotechnical issues and the Los Angeles County's storm drain mitigation approval processes caused extensive delays. As a result, the applicants submitted a one-year time extension for the project. The Public Works Department confirms an approved geotechnical report, and that the grading plan, the Standard Urban Stormwater Mitigation Plan (SUSMP), and the Storm Water Pollution Prevention Plans (SWPPP) are in the final approval stages. ANALYSIS: A. Review Authority per Diamond Bar Municipal Code (DBIVIC) Section 22.66 The applicant proceeded in good faith and exercised due diligence to establish the entitlement. The Planning Commission is responsible for approving an extension of time. B. Site and Surrounding General Plan, Zoning and Uses C. Development Review-DBIVIC Section 22.48 Exhibit "A" February 13, 2007 plans reflect those approved by the Planning Commission in November 2004 except for staff's approved revision, DR 2004-17(1) AND TP 2004-10, for less grading in the slope area and the elimination of the guesthouse. Staff compared these plans with current codes and found the project continues to be consistent with.the City's General Plan, Development Code, and Design Guidelines. Page 2 (DR 2004-17(2) AND TP 2004-10) General Plan Zone Use Site Rural Residential (RR) R-1-20,000 Single-family Residential (SFR) -Lot size 20,000 square feet Single-family Residence (SFR) North Same as above Same as above Same as above South Same as above Same as above Same as above East Same as above Same as above Same as above West I Same as above Same as above Same as above C. Development Review-DBIVIC Section 22.48 Exhibit "A" February 13, 2007 plans reflect those approved by the Planning Commission in November 2004 except for staff's approved revision, DR 2004-17(1) AND TP 2004-10, for less grading in the slope area and the elimination of the guesthouse. Staff compared these plans with current codes and found the project continues to be consistent with.the City's General Plan, Development Code, and Design Guidelines. Page 2 (DR 2004-17(2) AND TP 2004-10) NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The Planning Commission certified in their Resolution No. 2004-50 that the proposed project was categorically exempt in accordance with the 1970 California Environmental Quality Act (CEQA), Section 15303(a). The extension of time request does not require additional environment review. RECOMMENDATIONS: Staff recommends that the Planning Commission approve a one-year extension of time for Development Review No. 2004-17(2) and Tree Permit No. 2004-10 subject to compliance with all terms and conditions of Planning Commission Resolution No. 2004- 50 as listed within the attached resolution. Development Services Associate Attachments: 2. 3. 4. 5. Nancy Fong, AICP (— Community Development Director Draft f+ nerNI"finn ranting a one year extension of time to exercise the entitlement; Planning Commission Resolution No. 2004-50; Site Plan DR 2004-17(1) and TP 2004-10; Site photos; Exhibit "A" — Site plans, floor plans, roof plan, grading plans dated February 13, 2007. Page 3 elevations, landscape plans and (DR 2004-17(2) AND TP 2004-10) 0 DRAFT ATTACHMENT 1" PLANNING COMMISSION RESOLUTION NO. 2007 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2004-17(2) AND TREE PERMIT NO. 2004-10 REQUESTS ATWO STORY ADDITION WITH BALCONY AND PATIO COVER COLONNADE IN THE REAR OF THE EXISTING SINGLE-FAMILY RESIDENCE. THE REQUEST ALSO INCLUDES GRADING, BASKETBALL COURT, SWIMMING POOL, SPA, AND THE REMOVAL AND REPLACEMENT OF PROTECTED/PRESERVED OAK AND WALNUT TREES TO CONSTRUCT RETAINING WALLS IN AREAS OF VARYING TOPOGRAPHY RECITALS The property owners, Robert and Mary Chang, filed an application requesting a one year extension of the time to exercise the entitlement approved with Planning Commission No. 2004-50. The extension of time is from November 23, 2006 to November 23, 2007. 2. On November 18, 2005, planning staff approved Development Review No. 2004-17(1)/Tree Permit No. 2004-10 a minor revision that deleted slope grading and the guesthouse. 3. The subject property's address is 2800 Steeplechase Lane, Diamond Bar, Los Angeles County, California 91765. The site is legally described as Lot 58, Tract 30289. The Assessor Parcel Number is 8713-018-030. 4. Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. 5. On February 13, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the extension of time Application. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: DRAFT ATTACHMENT "1" 1. The Planning Commission hereby specifically finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission finds that the subject project was determined to be categorically exempt from the provisions of the California Environmental ---Quality Act (CEQA) -on November 23-2004, ' and that a request for an extension of time to begin construction does not require additional environmental review. 3. There have been no changes to the provision of the General Plan, any applicable specific plan, this Title, orthe Development Code applicable to the project since the approval of the project. 4. Since the 2004 approval, the applicants proceeded in good faith and exercised due diligence to establish the entitlement. The City's Public Works Department verifies that significant geotechnical issues; Los Angeles County's storm drain mitigation approval process; the necessary grading plan revision to meet soils conditions; the Standard Urban Stormwater Mitigation Plan (SUSMP); and the Storm Water Pollution Prevention Plans (SWPPP) created some delay. Currently, the geotechnical report and Los Angeles County's storm drain approval are approved and the other items are in the final approval stages. Therefore, the applicant requests a one year extension of time to complete the City's process prior to the issuance of any City permits. 6. Based upon the information provided including written and oral staff reports, the contents of Planning Commission Resolution No. 2004-50, and together with public testimony, this Planning Commission hereby finds and concludes that there is sufficient reason to approve a one year extension subject to the following conditions: (a) The project shall substantially conform to Development Review No. 2004-17/Tree Permit No. 2004-10 approved by the Planning Commission Resolution No. 2004-50 and Exhibit "A" as submitted and approved by the Planning Commission on November 23, 2004; Planning staffs minor revision approval Development Review No. 2004-17(1)/Tree Permit No. 2004-10; and as amended herein. (b) All conditions of approval for Development Review No. 2004-17/Tree Permit No. 10 under Planning Commission Resolution No. 2004-50; and Development Review No. 2004-17(1)/Tree Permit No. 2004-10 shall remain in full force and effect except as amended herein. (c) This extension of time, Development Review No. 2004-17(2) and Tree Permit No. 2004-10 is valid for one additional year and shall be exercised (i.e., obtained a building permit with continuous on-site construction activity including pouring of foundation, installation of 2 Planning Commission Resolution No. 2007-xx DRAFT ATTACHMENT "1" utilities and other substantial improvements has commenced) within that period or this approval shall expire on November 23, 2008. (d) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed with the City of Diamond Bar Community and Development Services Department, within fifteen (15) days of this approval, their affidavit stating that they are aware of and agree to accept all the conditions of this Resolution. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Robert and Mary Chang, 2800 Steeplechase Lane, Diamond Bar, CA 91765; Kent Wu, 12744211 East Center Court Drive, Covina, CA 91724; and Focus Engineering, Inc., Charlie C. Liu, 254317, Irvine, CA 92618. APPROVED AND ADOPTED THIS 13th DAY OF FEBRUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. W4 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 13th day of February 2007, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 3 Planning Commission Resolution No. 2007-xx ATTACHMENT "2" PLANNING COMMISSION RESOLUTION NO. 2004-50 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-17/TREE PERMIT NO. 2004-10 AND CATEGORICAL EXEMPTION 15303, A REQUEST TO CONSTRUCT AN APPROXIMATE 1,382 SQUARE FEET TWO STORY ADDITION WITH 990 SQUARE FEET TWO STORY BALCONY AND PATIO COVER COLONNADE IN THE REAR OF AN EXISTING 4,588 LIVABLE SQUARE FEET TWO STORY SINGLE-FAMILY RESIDENCE WITH A FOUR CAR GARAGE. THE REQUEST ALSO INCLUDES THE REMOVAL AND REPLACEMENT OF PROTECTED/PRESERVED OAK AND WALNUT TREES TO GRADE AND CONSTRUCT A SERIES OF RETAINING WALLS IN AREAS OF VARYING TOPOGRAPHY FROM TWO TO SEVEN FEET EXPOSED HEIGHT. THE GRADING AND WALLS CREATE A NEW PAD FOR THE PROPOSED 338 SQUARE FEET GUESTHOUSE/RECREATION ROOM. THE PROJECT ALSO INCLUDES A BASKETBALL COURT, SWIMMING POOL, AND SPA. THE PROJECT SITE IS LOCATED AT 2800 STEEPLECHASE LANE (LOT 58, TRACT NO. 30289), DIAMOND BAR, -CALIFORNIA. A. RECITALS The property owners, Robert and Mary Chang, and applicant's agent, Kent Wu, filed Development Review No. 2004-17/Tree Permit No. 2004-10 applications for a property located at 2800 Steeplechase bane (Lot 58, Tract No. 30289), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Tree Permit ' and Categorical Exemption shall be referred to as the "Application." 2. On November 5, 2004, .38 property owners within the project's 500 -foot radius were mailed a public hearing notice. On November 9, 2004, three other locations within the application's vicinity were posted. On November 12, 2004, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On November 23, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of. Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals; Part A, of this Resolution are true a'-nd"correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt per the '1970 California Environmental Quality Act (CEQA), Section 15303. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title. 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project parcel is Lot 58, Tract 30289, APN 8713-018-030, and addressed 2800 Steeplechase Lane, Diamond Bar, California. The project parcel is approximately .82 gross acres, 35,719 gross square feet and 30,060 usable square feet. It is an irregularly shaped lot with a rear slope, flood hazard area, a, recreational/equestrian easement, and storm drain easement. The original structure was completed in 2002. (b) The General Plan Land Use designation is Rural Residential (RR), 1 dwelling unit per acre. The site is zoned Single-family Residence, R-1- 20,000. (c) The R-1-20,000 zone surrounds the site. (d) The Application is a request to construct an approximate 1,382 square feet two story addition with 990 square feet two story balcony and patio cover colonnade in the rear of an existing 4,588 livable square feet two story single-family residence with a four car garage. The request also includes the removal and replacement of protected/preserved oak and walnut trees to grade and construct a series of retaining walls in areas of varying topography from two to 2 seven feet exposed height. The grading and walls create a new pad for the proposed 338 square feet guesthouse/recreation room. The project also includes a basketball courit, swimming pool, and spa. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria fo r specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project parcel, currently developed with a two story, single-family residence with a legal nonconforming side setback, was established before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995, General Plan land use designation is Rural Residential (RR) (maximum one dwelling unit/per acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Municipal Code; the site coverage is less than 30 percent, it is comparable with the existing neighborhood, it meets the required height limitations. The proposed project is a two story addition to the existing main structure, grading and retaining walls to create a pad for the one story guesthouselrbcreation room that are in accordance with Municipal Code height standards. The project is not considered an impact to the surrounding properties' view corridor. (f) 'The design and layout of the proposed development will not interfere with the use -and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Shadow Canyon Drive and Steeplechase Lane adequately serves the project parcel. These and the neighboring streets are designed to handle minimum traffic created by residential development. The project parcel is currently developed with two story, single-family residence. The proposed addition and remodel does not change the existing single-family use. The Application maintains the existing style which is consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. (g) The architectural design of the proposed development is -compatible with the characteristics of the surrounding neighborhood and will 3 maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The single-family residence's architectural style is unchanged in the front and except for the comer quoins is continued in the rear addition and guesthouse/recreation room. The front's multi-levels of roof lines, the balcony's balustrade, and stucco create the texture and contrast consistent with the existing neighborhood while providing variety and low levels of maintenance. By maintaining the existing architectural style and palette the Application is compatible with the neighborhood and consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The colors, materials, and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low maintenance levels. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, and inspections, soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single-family residence. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303. 4 TREE PERMIT (k) Preservation of the existing oak and walnut trees is not feasible and would compromise the property owner's reasonable use and enjoyment of property. Surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130. The applicant has submitted that the development requires the removal of nine oak and walnut trees. A 3:1 replacement shall be required pursuant to the Municipal Code of a like* for like species. Many homes within The Country Estates have remodeled and requested.Tree Permits. Therefore, preservation of these trees would compromise the property owner's reasonable use and enjoyment of his property. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application, subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, grading plan, and lands6ape plan collectively labeled as Exhibit "A" dated November 23, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The owner/applicant shall obtain the Los Angeles County Department of Public Works approval in writing with approved plan for the retaining walls and flood hazard mitigation improvements that connect to the storm drain in the Los Angeles County Strom Drain -easement prior to any City Plan Check submittal: grading, retaining walls or building permit. Said approval shall be submitted to the Planning Division and the Public Works/Engineering Division. (c) The subject site shall be maintained in a condition that.- is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 5 (d) A geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California shall be submitted to the Public Works Division for - City approval. The geotechnical report shall clearly address potential development, within the flood hazard and Los Angeles County Storm Drain -(LACO-S'D) 'easement area. If use within the flood hazard area and LACO-SD easement is approved additional information may be required. (e) The applicant shall submit a Gr ading Plan prepared by a Civil Engineer, licensed by the State of California, to the Public Works Division for City approval. The Grading Plan shall be prepared in accordance with the City's "Requirements for Grading Plan Check." (f) The Grading Plan shall show -the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the Grading Plan. (g) The applicant shall submit an erosion control plan. Erosion control measures shall be in place for construction starting after October 1 st through 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). The standards for the preparation of erosion control plans can be obtained from the -Public Works/Enginee ring Division. (h) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. 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. parcel . s, unless that is the natural drainage course. BUILDING AND SAFETY Retaining wall calculations shall be submitted to the City's Building and Safety Division for approval and permit after the grading plan is approved by the Public Works Division. (k) Building setback from toe of slope at the rear of property shall meet section 18 of the 2001 California Code (h/2 or 22.5 feet)% The pad's finished elevations shall be approved by the Public Works Division. All back fill for retaining walls shall be certified by the engineer of record. (n) The applicant shall provide temporary sanitation facilities while under construction and a construction fence must protect the project. (o) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (p) This single-family structure shall meet the State Energy Conservation Standards. (q) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (r) Smoke detectors shall be provided in all sleeping rooms. (s) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (t) Prior to plan check submittal, the applicant shall indicate color and type (weight) of roofing materials; and stucco and window colors on the plans. (u) The single-family structure requires Fire Department approval and is located in. "High Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. 7 (v) Prior to any plan check submittal, the applicant shall revise the landscape plan, grading plan, and site plan for the planting and 3:1 replacement for the eight Juglans californica to be replaced by 24, 15 gallon"Juglans californica and one Quercus agrifolia to be replaced by 3, 15 gallon Quercus agrifolia. W As noted above, the trees' replacement shall be shown on a revised landscape plan and submitted to the Planning Division for review and approval prior to any City plan chec*k submittal. The trees shall be shown on the grading plan, landscape plan and site plan. The Owner/Applicant shall comply with the -mitigations in the Arborist Report. N All landscaping shall be installed and if required restored in the front yard prior to the Planning Division's final inspection. (y) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (z) The owners shall complete -and record a "Covenant and Agreement to Maintain a Single-family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorders Office prior to the issuance of a building permit. (aa) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (bb) This grant shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, M their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (cc) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. FurtherMore, if this project is not exempt from a filing fee imposed because the project has more than a 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. 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 Robert and Mary Chang, 2800 Steeplechase Lane, Diamond Bar, CA 91765 and Kent Wu, 1274 E. Center Court Drive, #211, Covina, CA 91724. APPROVED AND ADOPTED THIS 2A41DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OFPfA ND BAR. By: # /* Dan Nolan, hair an 1, Jarries DeStefano, -Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 23rd day of November 2004, by the following- vote: AYES: Commissioners: Tye, V/C Tanaka, Low, McManus, Chair Nolan NOES: Commissioners None. STATE OF CALIFORNIA I COUNTY OF LOS ANGELES I SS ABSENT: Commissioners: None. CITY OF DIAMOND BAR 1, LINDA C. LOWRY CITY CLERK OF THE CITY OF DIAMOND BAR. DO REITU.BY CERTIFY UNDER ABSTAIN: Cosiqners: t. None. PENALTYOF PF:`j"RYUN1D_-RT1IE LAWS OFTHE STATE OF CALH`CkNJ-A 1111E. FORGOING TO BE A FULL, TRUE AND CORRECT COPY OF THE ORIGINAL AS SAME APPEARS ON FILE IN MY e ATTEST: it OFFICE. ..................... ....... ... M WITNESS WHEREON, HAVE HEREUNTO SET J4m6s DeStefano, Secretary My HAND AND AFFIXFD En CITY OF OF THE DAY OSJMON�D ,�AR, THIS fi( 9 LINDA C. LOWRY, CITY CLERK DEPUTY 9! CD C6 O a) a) CD a) ca 3! 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F! % fill pve it c, II Au c, I RE R em, o� �&z<lt< 9 It, th Is 1, Zig N� *2 A Fi ui IE 2�6 z Sw gFj IN 1-16 RE jr Nip o -71 d1 1 66,1 ILL-= 3 HA owP, m z Ka PLANNING COMMISSION AGENDA REPORT CITY OF -DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, . CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.2 MEETING DATE: February 13, 2007 CASE/FILE NUMBER: Conditional Use Permit No. 2006-16 and Development Review No. 2006-36 PROJECT LOCATION: Diamond Bar's Peterson Park, 24142 Sylvan Glen Road, Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of plans to construct and co -locate a wireless telecommunications facility by changing out the existing light pole to a new structurally modified park light pole and an enclosed equipment building PROPERTY OWNER(S): City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765 APPLICANT(S) & AGENT(S): Royal Street Communications LLC, C/o Maree Hoeger, Core Communications, 1823-#A Saturn Street, Brea, CA 92821 STAFF RECOMMENDATION: Conditional Approval CUP2006-16/DR2006-36 A wireless telecommunications site exists at the nine (9) acre City's Peterson Park on Sylvan Glen Road just past the State Road 60 overpass on Golden Springs Drive. In 1997 and again in 2006, the City Council approved lease agreements with Cingular (AT&T) at the park's south side adjacent to State Road 60. On November 28,,-2006- the Planning Commission approved Cingular's Conditional Use Permit for additional antenna. On October 17, 2006, the City Council approved a lease with Royal Street Communications LLC to co'locate with the existing Cingular wireless telecommunications site. The use provides monthly income to the City with a yearly adjustment based on the Consumer Price Index. ANALYSIS: 1_0 C. Applications and Review Authority per Diamond Bar Municipal Code Sections 22.58, 22.48, and 22.42 The City's wireless telecommunication facility standards insure these uses' design and location are consistent with the General Plan, the Municipal Code, and Design Guidelines. The co -location of a wireless telecommunications facility with six exposed antenna on a park light pole requires a Conditional Use Permit. The new enclosed equipment structure requires Development Review. The Planning Commission is the review and approval authority. Site and Surrounding- General Plan, Zoning, and Uses Development Review (Section 22-48) Telecommunication facilities are location dependent and based on technical requirements: terrain and line -of -sight interaction with existing public utilities. As a mobile unit moves from one area to another with a call in progress, the call is "handed ofr'to the next repeater station. This site is a "coverage site" to launch the MetroPCS service throughout the City. Page 2 CUP2006-16/DR2006-36 General Plan Zone Uses Project Site Park (PK) Open Space (OS) Park North RMH R -3-8,000-15U Multi -family Residential South SR 60 Freeway ---- SR 60 Freeway East RR & RMH k-1-9,000 & R3 DP Single-family & Multi -family Residential West RL R-1-8,000 Single-family Residential Development Review (Section 22-48) Telecommunication facilities are location dependent and based on technical requirements: terrain and line -of -sight interaction with existing public utilities. As a mobile unit moves from one area to another with a call in progress, the call is "handed ofr'to the next repeater station. This site is a "coverage site" to launch the MetroPCS service throughout the City. Page 2 CUP2006-16/DR2006-36 1. Development S-tandards. The following comparison indicates that the proposed project meets -the ;+,,,c Development Standards: 2. Site Details: (a) Park Lease Area - The approved lease area is approximately 18 feet x 12 feet excluding easements. Page 3 CUP2006-16[DR2006-36 Meets Development Development O,h' DBMC 22.42.130(h) DB' Proposed Prop Standard Feature Parks per Allowed in City Parks per Addition to existing Addition it Yes Permitted Use i Facilities Map [Ad facility. facilit 11 Antenna painted to Antenna .xisting gr ting Integrate site with existing match pole. The matc Yes Integration Integration design and color sig location adjacent to locat frepway planted freev New equipment structure to match Screen to mitigate adverse Peterson Park Yes Screening visual impacts structures. Antenna Dainted to match ole. Structure = 12' & S re height Maximum structure height Maximum structure matches other matches Yes Base Stations Base Stations 13 feet and compatible with I 3fee and compatible wltl� t c structures' color, stri color and design material, and desi n. Utilities for connection Proposed underground Underground cables either undergrpund utilities (discussion Yes Utilities or in protective structure below) Services Community Services Landscaping For screening added conditions for Yes pants and irrig tion. As needed -Fencing, anti- New enclosed climbing devices, elevated equipment structure not Security ladders, and monitoring to accessible to the public. Yes prevent unauthorized No access to pole from access and vandalism the ground. Materials shall not reflect Painted antenna and and blend with surrounding the structure matches Yes Finish materials and colors existing park structures. No Decorative treatments No No fencing proposed or Yes Fencing Fencing wire r� wire razor/barbed required for security. lighting limited to Artificial lighting limited to Artificial None Proposed Yes Lighting Lighting Lig g & S�curit i ti safety & security lighting Signage No advertising- only certifications, warnings and None Proposed Yes Co -Location seals Consent required Consent in lease Yes 2. Site Details: (a) Park Lease Area - The approved lease area is approximately 18 feet x 12 feet excluding easements. Page 3 CUP2006-16[DR2006-36 (b) Access Easement — The construction plans indicate an access easement. The vendor is required to place plywood prior to the construction vehicles access to prevent turf damage. (c) Utility Easement — The Community Services Department preliminarily approved boring - under the existing ball- fields for Edison power. The project plans indicate a five (5) feet wide utility easement through the ball fields for the underground boring. An easement allows the holder entitlement. Without a clearly defined easement document or relocation of the utility, the City's ball fields could be seriously impacted. Therefore, staff added a condition that requires the easement be moved to follow the western sidewalk and allows staff to work with the applicant if an alternative solution is provided. (d) Drainage - The entire park's drainage was improved in 1998. No major changes are anticipated for this addition. Public Works Department will review consistency with existing improvements. (e) . Park Light and Pole Specifications - The existing light fixtures and the pole height are designed specifically for this park for maximum illumination, coverage, operating costs, and they are warranted. Staff added an approval condition that prior to Building and Safety plan check submittal, the new light pole structural details shall be reviewed and approved by the Musco Company (pole and light manufacturer) at the applicant's expense. Once approved by the manufacturer to be consistent with the existing lighting, the applicants shall obtain the Community Services Director's approval. 3. Building Desiqn - Architectural Features, Materials, and Colors• The antennae are approximately five (5) inches from the pole and painted to match the pole. The antennae are part of a four part grid for the new cell vendor in the vicinity, MetroPCS. The GPS antenna is installed for the 911 system for cell phone emergency calls. The proposed equipment structure matches park structures' materials and colors and will have an anti -graffiti top coat, tile roof, and a steel door. The lease and approval conditions require the site be maintained to assure safety and aesthetics. 4. Landscape — Staff added conditions of approval for appropriate types of irrigation and sufficient plants around the structure. D. Conditional Use Permit (Sections 22.42 and 22.58) Facility Details: (a) Traffic Impact — Golden Springs Drive and Sylvan Glen Road adequately serve Peterson Park. The applicant's unmanned Page 4 CUP2006-16/DR2006-36 wireless telecommunications facility only requires monthly maintenance by a technician and utility vehicle. Traffic impact is negligible. (b) Noise - A portable generator 'hook-up is proposed for power outages. Noise levels for emergencies are exempt; however, the City's Municipal Code, Section 22.28, sets time and construction noise limits. (c) Distance to Residential — The closest residence to the light pole and telecommunication facility is 580 feet. (d) Utilities — The underground telephone service will be added from Golden Springs Drive. The electrical service lines will be added by boring under the ground. The location of the boring will be reviewed and approved by staff, the applicant, and Edison prior to Building and Safety plan check submittal. (e) Citizen Park Usage — The Park's adequate size and shape accommodates the use without interrupting park visitors. The existing wireless telecommunications facility was planned for negligible impact to park users. The addition as proposed will also cause negligible impact. The vendor's coordination with City staff regarding the new construction details is an approval condition. 2. Federal Communications commission (FCC) Guidelines: The Engineering documentation for the electromagnetic fields (EMF's) is required for the wireless telecommunications facility to indicate the site is within the approved FCC limits. E. Additional Review Public Works Department, Community Services Department, and the Building and Safety Division reviewed this project. Their comments are in the staff report and the approval conditions. F. General Plan, Design Guidelines and Compatibility with Neighborhood Based on the above analysis, staff's review finds the proposed project is consistent with the General Plan's goals and objectives (Strategy 2.2.1 - developments shall be compatible with surrounding land uses), Municipal Code, the City's Design Guidelines, and is compatible with the existing land uses in the surrounding neighborhood. Page 5 CUP2006-16/DR2006-36 NOTICE OF PUBLIC HEARING: Public hearing notices Were mailed to property owners in a 700 -foot radius of the project site. Public hearing notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices'werb posted at -the City's designated community posting sites. The City has determined that this project is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-16 and Development Review No. 2006-36, Findings of Fact, conditions of approval and standard conditions as listed within the attached resolution. Prepared by: Reviewed by: Linda Kay Smith Nancy,Fong, A Development Services Associate Community De ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Aerial; 3. Photo -simulations; 4. Exhibit "A" — Title, Topographic Survey, Site Plan, Equipment and Antenna Layout, Elevations, Landscape and Irrigation Plan & Details dated February13, 2007. Page 6 CUP2006-16/DR2006-36 DRAFT ATTACHMENT "1" PLANNING COMMISSION RESOLUTION NO. 2007 -XX A RESOLUTION OF THE PLANNAPPROVING COMMISION OF CONDITIONAL DIAMONDUSE BAR, CALIFORNIA, PERMIT NO. 2006-16, DEVELOPM A CATEGORICAL EXEMPTION 15301(e), REQUEST CONSTRUCT AND CO - LOCATE A WIRELESS TELECOMMUNICATIONS FACILITY ON A NEW STRUCTURALLY MODIFIED PARK LIGHT POLE AND TO CONSTRUCT AN ENCLOSED EQUIPMENT BUILDING LOCATED AT PETERSON PARK, ,24142 SYLVAN GLEN ROAD (APN 8704-056-902), DIAMOND BAR, CA A. RECITALS 1. The property owner is the City of Diamond Bar and the City Council approved a lease agreement with the applicant on October 17, 2006. 2. The applicant, Royal Street Communications LLC, and applicant's agent Core Communications, Maree Hoeger, filed an application for Conditional Use Permit No. 2006-16, Development Review No. 2006-36, and categorical exemption for a co -location cell site at Peterson Park, 24142 Sylvan Glen Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and categorical exemption shall be referred to as the "Application." 3. Public hearing notices were mailed to property owners in a 700 -foot radius of the project site. Public hearing notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. 4. On February 13, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded, a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the Application is categorically exempt per the 1970.California Environmental Quality Act (CEQA), Section 15301(e). DRAFT ATTACHMENT "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 on - 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: (a) The project site is the existing wireless telecommunications facility at the south side of Peterson Park, 24142 Sylvan Glen Road (APN 8704-056-902), Diamond Bar, California. The park is approximately nine (9) acres. (b) The General Plan Land Use designation is Park (PF). Open Space (OS) is the zone. (c) Single-family and Multi -family residential zones and uses are to the north, east and west. State Road 60 freeway is to the south. (d) The Application requests construction and co -location for a wireless telecommunications facility with six exposed antenna mounted on a new structurally modified park light pole consistent with the City's 1997 Capital Improvement Project (CIP) for Sports Field Lighting at Peterson Park. An enclosed equipment building to match existing park facilities is also part of the Application. CONDITIONAL USE PERMIT (e) 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 addition to the unmanned wireless telecommunications facility is permitted in the Open Space zone with a Conditional Use Permit approval and as amended herein complies with other applicable Municipal Code provisions. K DRAFT ATTACHMENT "I" The proposed use is consistent with the General Plan and any applicable specific plan. The site's General Plan Land Use designation is Park (PK). The project use is consistent with the adopted General Plan's Objectives and Strategies and the Parks Master Plan. The existing use is at the park's south side next to the freeway and innocuous since 1997, . when established. (g) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The wireless telecommunications site has existed at Peterson Park since 1997. The park is an irregularly shaped nine (9) acre parcel. The co -location lease area is 12 feet by 18 feet excluding easements and not expected to hinderpark users. The additional six (6) exposed antenna are installed approximately 9 feet below the existing New Cingular Wireless (AT&T) antenna on the light pole. An enclosed equipment building matches park structures. The monthly maintenance visits for the unmanned telecommunication facility generates minimal traffic and does not create a new lighting source or operational noise. Federal Communications commission (FCC) compliance is mandatory and it is unlikely that the facility will have a negative impact on the single-family residential neighborhood adjacent to the project site. Therefore, the project's design, location, size and operational characteristics, as conditioned, are compatible with the existing and future land uses in the vicinity. (h) Th. e subject site is physically suitable for the type and density/intensity of use being proposed. including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. Golden Springs Drive and Sylvan Glen Road adequately serve the park's nine acre site with the existing wireless telecommunications facility. The project site is compatible with the surrounding land uses and utilities exist. (i) 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. 41 DRAFT ATTACHMENT "V As referenced above in Items (e) through (h), the addition to the existing wireless telecommunications facility as amended herein complies with City standards and will improve cell phone service to the general neral public. The improvements will not be detrimental to the general orthe goals and objectives of the adopted general plan. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). DEVELOPMENT REVIEW (k) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) As referenced above in Items (t) -(i), the existing wireless telecommunications facility as amended herein is consistent with the City's Design Guidelines, telecommunications development standards, and General Plan, and Parks Master Plan. (1) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. As referenced in Items (g) above, the design and layout of the additional co -location to the existing wireless telecommunications facility does not interfere with the use and enjoyment of neighboring existing or future development, and the monthly maintenance does not create traffic or pedestrian hazards. (m) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by the City's Development Code Chapter 22.48, the General Plan, or any applicable specific plan. The additional antenna design is consistent with the existing wireless telecommunications facility and the new equipment structure matches park structures. The facility's location at the park's south side adjacent M DRAFT ATTACHMENT "1" to the freeway meets development standards, the General Plan, and the Parks Master Plan. (n) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in Items (e) through (m), the additional antenna and equipment building that matches park structures as an addition to the existing wireless telecommunications facility complies with City standards and will improve cell phone service to the general public. The minor improvements will not be detrimental to the general public or the goals and objectives of the adopted general plan. (o) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) .to the properties or improvements in the vicinity. As referenced in Item (9), the wireless telecommunications facility is not detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the prop . erties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with ' h the provisions of the California Environmental Quality Act (CEQA) The City, has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following site specific conditions and attached Standard Conditions: (a) Genera 1. The project shall substantially conform to Title Sheet, Topography Survey, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan and Details collectively labeled as Exhibit "A" dated February 13, 2007, as submitted to, amended herein, and approved by the Planning Commission. 5 DRAFT ATTACHMENT "1" 2. The applicant shall remove the public hearing notice board within three days of this project's approval. 3. The Sheet A-1 shall be revised to indicate the adjacent City park parcel 8704-056-901 at the east property line. 4. The Applicants shall co-ordinate all construction activities with the Community Development Department, (909) 839-7060. 5. When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. 6. Prior to permit issuance, the lease shall be completed by all parties. 7. Applicant shall comply with all executed lease terms. 8. Applicant shall comply with all Federal, State and City regulations. 9. Prior to Building and Safety plan check submittal, the five (5) feet wide utility easement through the eastern ball field shall be moved to follow the western sidewalk; or an alternative solution acceptable to the Community Services Department may be approved by the City Manager. 10. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development Review shall be subject to period 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. 11. Prior to Building and Safety plan check submittal, the new light pole structural details shall be reviewed and approved by the Musco Company (pole and light manufacturer) at the applicant's expense. Once approved by the manufacturer to be consistent with the existing lighting, the applicants shall obtain the Community Services Director's approval. 12. The landscape plan shall be revised to replace Rainbird 5QB bubbler with Rainbird 1806 spray head. 13. The landscape plan shall be revised to include additional shrubs in like varieties to three (3) feet on center. N* DRAFT ATTACHMENT " l" .14. Prior to Building and Safety plan check submittal, irrigation and equipment shall be approved by Walnut Valley Water District (WVWD). District approval shall be submitted to the Planning Division and any modifications shall be reflected on the landscape plan. The District may require the water equipment to be painted with reclaimed colors. 15. Landscaping and irrigation destroyed during construction shall be replaced to match the existing landscaping and irrigation. (b) Planning Division 1 Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. 2. Construction vendors shall place plywood on the access easement to prevent turf damage. The construction plans shall note the required plywood along the entire route. 3. Signs and advertising shall be prohibited on the wireless antenna. 4. No additional lighting shall be installed on the wireless antenna or associated equipment. 5.. The equipment enclosure shall have an anti -graffiti coating. 6. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. 7. If the Department of Fish and Game determines that Fish and Game the City, within five days of this grants approval, a cashiers check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 8. Inthe event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the wireless telecommunications facility within 90 - days of notification by the City. 7 DRAFT ATTACHMENT "1" 9. Prior to permit issuance, 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. 10. Prior to permit issuance, the applicant shall replenish the deposit funds for on-going maintenance and repairs in an amount to be determined by the Community Services Director. 11. All cables and wiring for the telecommunication facility shall be underground. C. Building and Safety Division Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. 2. Applicant shall provide temporary sanitation facilities while under construction. The Planning Commission ishall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Royal Street Communications, LLC, 12900 Park Plaza Drive, Cerritos, CA 90703; APPROVED AND ADOPTED THIS 13th DAY OF FEBRUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. A: 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 13th day of February 2007, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary H** DRAFT ATTACHMENT "I" -=A11 201. il� BAR_ R COMMUNITY DEVELOPMENT DEPARTMENT v il 7111 1; MR - STANDARD CONDITIONS USE PERMITS PROJECT #: Conditional Use Permit N6.2006-16 and Development Review No. 2006-36 SUBJECT: Additions to Existing Wireless.telecommunicationsFacilit\/-Co-Loca tion APPLICANT: RoVal Street Communications LLC AGENTS: Attention; Core Communications, Maree Hoeger LOCATION: Diamond Bar's Peterson Park, 24142 Sylvan Glen Road, Diamond Bar, CA 91765 .. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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 No.2006-16, Development Review No. 2006-36 and Variance No. 2006-05 broughtwithin the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense Of Such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 9 DRAFT ATTACHMEPTI" 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-16 and Development Review No. 2006-36 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. Royal Street Communications LLC, the application's agents, designers, architects, engineers, and contractors associated with this project site shall obtain a Diamond Bar Business Registration and a 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 submittal all plans shall be revised incorporating all Conditions of 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, 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. 10. 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 ITE DRAFT ATTACHMENT "I" Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits-. C. TIME LIMITS The approval of Conditional Use Permit No. 2006-16 and Development Review No. 2006-36 shall expire within two years from the approval date if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request a one year time extension in writin 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, referenced herein as Exhibit "A" on file in the Planning Division, the conditions contained herein, and 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. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential,' commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 11 DRAFT ATTACHMENT "1" APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted 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). 2. Construction activities and the transportation of equipment and materials and operation of heavy equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS (None required) F4 M 0 0 5 JUTTIV U—TICN Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 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. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel. iYA DRAFT ATTACHMENT "I" 4. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 5. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Building square foot b. Building height C. Type of construction d. Group occupancy 6. Property line location in relation to each building (side yard). 7. Building setback from any slope (too or top) shall meet Chapter 18 of the 2001 California Building Code. 8. Indicate all easements on the site plan. 9. Submit plans showing clearly all finish elevations and drainage. No building permits shall be issued prior to submitting a pad certification or Public Works Department approval. 10. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 12. Specify location of tempered glass as required by code. 13. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 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APPLICATION REQUEST: PROPERTY OWNER IT-INEIM STAFF RECOMMENDATION: February 13, 2007 Development Review 2006-28 and Tree Permit No.2006-07 2260 Indian Creek Road (Lot 67, Tract 23483; APN: 8713-040-033) Approval to demolish existing home and construct a new home of approximately 24,000 square feet with a seven car garage, second unit, tennis court and retaining walls with a maximum exposed height of seven feet and the preservation of protected trees. Mr. & Mrs. Derek Lee 2260 Indian Creek Road Diamond Bar, CA 91765 ConDocS, Inc. Mr. Aaron Walker 4531 Belham Court Westlake Village, CA 91361 Conditionally approve. DR2006-28/MCUP2006-14/TP2006-07 Page ti BACKGROUND. A. Site Description The project site is located within a gated community identified as The Country Estates. The site is approximately 1.41 acres (61,419 square. feet). It is generally rectangular - in shape and slopes toward the rear property line at an average of 27 percent. Currently, the site contains a two-story residence of approximately 5,000 square feet, garage, guest house, carport and pool which will be demolished. There are no restricted use or flood hazard areas or easements the site. B. Site and Surrounding General Plan, Zoning and Use ANAILYSIS- A. Applications and Review Authority (Code Sections 22 38, 22.42 and 22.48) The proposed project requires two applications as follows: 1. Development Review application to demolish an existing residence and accessory structures and the design review to construct a new four level home of approximately 24,000 square feet, seven car garage, indoor swimming pool and spa, tennis court, viewing lounge, second unit and retaining walls not to exceed an exposed height of seven feet. 2. Tree Permit application to ensure the preservation of walnut and California pepper trees. The Development Code requires that all applications be processed simultaneously and by the highest review authority. In this case, the Planning Commission is the highest review authority and decision maker. B. Development Review (Code Sections 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and DR 2006-28/MCUP 2006-14/Tp2006-07 Page 2 General Plan Zone Uses Project Site RR (Rural Residential - Max. 1 DU/Acre R-1-40,000 Residential North RR R-1-46,-000 Residential South RRR-1-40-,000 Residential East RR EEt R-1-40,000 Residential West RR R-1-40,000 Residential ANAILYSIS- A. Applications and Review Authority (Code Sections 22 38, 22.42 and 22.48) The proposed project requires two applications as follows: 1. Development Review application to demolish an existing residence and accessory structures and the design review to construct a new four level home of approximately 24,000 square feet, seven car garage, indoor swimming pool and spa, tennis court, viewing lounge, second unit and retaining walls not to exceed an exposed height of seven feet. 2. Tree Permit application to ensure the preservation of walnut and California pepper trees. The Development Code requires that all applications be processed simultaneously and by the highest review authority. In this case, the Planning Commission is the highest review authority and decision maker. B. Development Review (Code Sections 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and DR 2006-28/MCUP 2006-14/Tp2006-07 Page 2 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 Standards The . comparison matrix below shows that the proposed project has met the development standards for the R-1-40,000 (RR) zoning district. ent Development. Development F Rural Residential Rural Re Proposed Meet Requirement Feature (RR) Zoning District Z i Zoning R)requirements cluIr Minimum Lot Area I acre. 1.41 acres Yes Yes Residential Density 1 single-family unit 1 single-family unit Front yard setback 30 feet 30 feet Yes Yes Side yard setbacks 10 & 15 feet 20 & 45 feet Rearsetback 25 feet 100 feet plus Yes 35 feet from natural or 35 feet from Yes Building height finished grade finished grade Separation between adjacent 25 feet 29 & 55 feet Yes residences Lot coverage 30% (maximum) 212% Yes Parking Two -car garage (minimum) Seven -car garage Yes 10 feet from any 10 & 45 feet from Yes Tennis court property line in rear side property line & Setbacks yard 65 feet from rear property line DR 2006-24/MCUP 2006-06 Page 3 Development Feature Rural Residential (RR) Zoning District Requirements Proposed Meet Requirement Second unit 1. Setbacks Same as main 15 & 100 feet plus Yes structure from side property lines; 100 feet plus from rear property line 2. Height One story/1 5 feet One story/1 5 feet Yes 3. Square footage Maximum 1,200 900 square feet Yes square feet 4. Lot size Minimum 10,000 61,419 square feet Yes square feet 5. Architecturally Match primary Same architectural Yes residence style, colors, materials, 6. Parking One off-street parking Seven car garage Yes for main residence 2. Architectural FeaturesColorsMaterials, etc. ,. , 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 architectural style is French Provincial. All elevations of the residence are architecturally treated by using elements such as columns, balconies, balustrades and wrought iron railings, moldings, quoins, dormers and.wall panels, columns and chimneys with applied molding relief. The roof line is representative of the design and scale of the residence and both vertical and horizontal articulation is used. Varying levels and planes are used on all elevations.. Window arrangement and style along with the above referenced architectural elements creates interest and reduces the massive appearance of the proposed residence. The design of the residence complies with the City's hillside management standards because the bulk is reduced by using a split DR 2006-24/MCUP 2006-06 Page 4 3 in level foundation that conform to the slope, terraced decks and smaller overhangs for individual floors Earth tone colors such as Golden Tan and Gentle Cream will be used for the exterior walls of the residence. Gentle Cream will also be used for columns, balustrades and moldings. Variegated earth tone color slate tile will be Use for the roof with copper roof accessories. The architectural style, colors, materials and size of the proposed home is compatible with eclectic style of other homes in The Country Estates. Additionally, the Country Estates Architectural Committee has approved this project. Grading, Retaining Walls and Drainage With the proposed new 24,000 square foot home, the current building pad will be demolished and the site re -graded to accommodate the new construction. Although the proposed house has four levels, the basement took advantage of the grades and is sunk into the ground to reduce the bulk. As a result, the earthwork quantities are approximately 6,235 cubic yards of cut, 1,638 cubic yards of fill and 4,597 cubic yards of export. The cut work will prepare the pad for the house. The fill will occur mainly in the eastern portion of the project site. Some fill will occur between the west Property line and proposed tennis court and on Lot 68 to the west. The property owner of Lot 68 has given permission for this off-site grading. Additionally, the property owner of Lot 68 is willing to receive some of the export earth to prepare for a future tennis court with the applicant's assistance. Retaining walls are proposed adjacent to the two driveways, second unit and tennis court. The walls are used to support the pads for the construction of these items. The maximum exposed height of the retaining walls is seven feet. The seven foot high wall is located adjacent to the tennis court. Walls within the 30 foot front setback will not exceed an exposed height of 42 inches. All retaining walls will be cast -stone and Gentle Cream to match the accent color used for the residence. Drainage patterns and techniques will be reviewed and approvwed bshea the Public Works Department prior to any permit issuance. Surface aterll drain away from the building at a 2% minimum slope. Landscaping A conceptual landscape plan was submitted with this projects application. The applicant is required to submit a final 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. DR 2006-24/MCU-P 2006-06 Page 5 C. Second Unit (Code Sections 22.42) The City's Development Code allows second units in certain residential zones that comply with specific standards related to site size, location on a property, design, parking and utilities. A second unit may be detached or attached, located on a parcel of 20,000 gross square feet or more, the maximum unit size is 1,200 square feet. The owner of the property must live in the primary dwelling or second unit. The sale or subdivision of a second unit separate from the main dwelling is prohibited. Additionally, utilities serving the second unit shall be common to the main dwelling. The applicant proposes to construct a second unit of approximately 945 square feet within the rear portion of the project site. The floor plan consists of two bedrooms, bathroom, living room and kitchen. As show in the matrix and as conditioned in the resolution, the proposed second unit complies with all the City's standards. D. Tree Permit (Code Section 22.38) According to the arborist report submitted by the applicant, the project site contains 12 California pepper trees and one walnut tree that will be preserved. The California pepper trees are located near the east and south property lines and the walnut tree is located at the southwest corner of the driveway as it turns east adjacent to the west property line. The demolition of structures is outside of the trees' protected zone. Grading work will encroach into the protective zone of three of the California pepper trees located adjacent to the east property line. Grade changes are minimal and involve cuts of less than one foot and will have minimal to not impact on the trees. The arborist report recommends the following measures which are conditions of approval, 1. Protective fencing shall be installed around all the California pepper trees and walnut tree, placed at the protective zone or construction boundary. 2. All work performed, grading, excavation, or demolition within the protected zone of any tree must be done by hand. I No roots in excess of one inch shall be cut. 4. Supervision is recommended during grading, excavation, or demolition that occurs in the protective zone. 5. Construction materials or debris shall not be stored or disposed of in the protective zone. 6. Equipment traffic in the protective zone shall be kept to a minimum. DR 2006-24/MCUP 200606 Page 6 E. Additional Review The City's Public Works Department and Building and *Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e) (addition to an existing one single-family residence), the City has determined that this project is Categorically Exempt. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on February 1, 2007. Public hearing notices were mailed to approximately 31 property owners within a 500 -foot radius of the project site, posted in three public places, and project site was posted with a display board on January 29, 2007. RECOMMENDATION— Staff recommends that the Planning Commission approve Development Review No. 2006- 28, Minor Conditional Use Permit No. 2006-14, Tree Permit No. 2006-07, Findings of Fact and conditions of approval as listed within the attached resolution. Reviewed Prepared by: W4 Y"A Na0 Onlefft gu ss ate Planner a cy ng, Al ity 6 irector Community Dev 1� me irec Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, roof plan, section, preliminary grading plan, preliminary landscape plan, elevations and materials/colors board dated February 13, 2007; 3. Permission to Allow off -Site Grading dated December 15, 2006; 4. Arborist Report dated November 17, 2003 and update letter dated September 11, 2006; 5. Covenant and Agreement to Maintain a Single -Family Residence; and 6. Aerial. DR 2006-24/MCUP 2006-06 Page 7 PLANNING COMMISSION RESOLUTION NO. 2007 -XX A -RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-28, TREE PERMIT NO. 2006-07 AND CATEGORICAL EXEMPTION, A REQUEST TO DEMOLISH AN EXISTING RESIDENCE AND CONSTRUCT A FOUR LEVEL, 24,000 SQUARE FOOT RESIDENCE WITH A SEVEN -CAR GARAGE, SECOND UNIT, TENNIS COURT, RETAINING WALLS AND PRESERVE PROTECTED TREES. THE PROJECT SITE IS LOCATED AT 2260 INDIAN CREEK ROAD (LOT 67, TRACT NO. 23483; APN: 8713-040-033), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Mr. and Mrs. Derek Lee and applicant ConDocS, Inc. have filed an application for Development Review No. 2006-28, Tree Permit No. 2006-07and categorical exemption for a property located at 2260 Indian Creek Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the -subject Development Review, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On February 1, 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 29, 2007, public hea*ring notices were mailed to approximately 31 property owners within a 500 -foot radius of the project site, public notice was posted in three public places and project site was posted with a display board. 3. On February 13, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: I 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 (CrEQA) 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 located within a gated community identified as The Country Estates. The site is approximately 1.41 acres (61,419 square feet). It is rectangular in shape widening at the rear property line and descending toward the rear property line. Development on the project site consists of a two-story residence of approximately 5,000 square feet, garage, guest house of approximately 1,300 square feet, carport and pool. Restricted use or flood hazard areas or easements do not exist on the project site. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 40,000 square feet (R-1-40,000). (d) - Generally, Single -Family Residence -Minimum Lot Size 40,000 square feet (R-1-40,000) surround the project site. (e) The Application request is for Development Review approval to demolish an existing residence and accessory structures and the design review to construct a new four level home of approximately 24,000 square feet, seven -car garage, indoor swimming pool and spa, tennis court, viewing lounge, second unit and retaining walls not to exceed an exposed height of seven feet. The Application request also includes a Tree Permit to ensure the preservation of walnut and California pepper trees Development Review (f) On July 25, 1995, the City adopted its General Plan. Lot 67 of Tract No. 23483 (project site) was established for the construction of custom homes prior to the City's incorporation, General Plan's adoption and under the jurisdiction of Los Angeles County. The General Plan land use designation for the project site is RR -Maximum I DU/AC. This designation allows for minimum one acre lots. The project site is 1.41 I acres (61,419 square feet). Therefore, the project site and construction of one custom home complies with the General Plan. The project site is within the R-1-40,000 zoning district. Pursuant to the Development Code, the development standards of the RR zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report. The proposed architectural style is French Provincial. All elevations of the residence are architecturally treated by using elements such as columns, balconies, balustrades and wrought iron railings, moldings, quoins, dormers and wall panels, columns and chimneys with applied molding relief. The roof line is representative of the design and scale of the residence and both vertical and horizontal articulation is used. Varying levels and planes are used * on all elevations, window arrangement and style along with the above referenced architectural elements creates interest and reduces the massive appearance of the proposed residence. Additionally, as designed, the proposed project is consistent with City's Design Guidelines. Earth tone colors such as Golden Tan and Gentle Cream will be used for the exterior walls of the residence. Gentle Cream will also be used for columns, balustrades and moldings. Variegated earth tone color slate tile will be use for the roof with copper roof accessories. The architectural style, colors, materials and size of the proposed home is compatible with eclectic style of other homes in The Country Estates. Additionally, the applicant has obtained The Country Estates Architectural Committee approval for this project. (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 and the size of the project is not unusual for The Country Estates. Additionally, the architectural style, color and materials proposed will be compatible with other homes in The Country Estates. Furthermore, this project has been approved by The Country Estates Architectural Committee. 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 on the private streets within this gated community. (h) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the RR zoning district and the City's Design Guidelines. There is not a specific plan for the project area. As referenced in the above findings (f), (g), and (h), the proposed project provides 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. Tree Permit (1) The project site contains 12 California pepper trees and one walnut tree that will be preserved. The California pepper trees are located near the east and south property lines and the walnut tree is located at the southwest corner of the driveway as it turns east adjacent to the west property line. The demolition of structures is outside of the trees' protected zone. Grading work will encroach into the protective zone of three of the California pepper trees located adjacent to the east property line. Grade changes are minimal and involve cuts of less than one foot and will have minimal to not impact on the trees. Fencing will be installed at the protective zone or construction boundary along with condition with in the project's Panning Commission resolution to ensure the preservation of these trees. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division 1. Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the project site for Planning Division approval. Final landscape plan shall delineate all plant species, size, quantity and location. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 0 2. Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. The 35 feet includes the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. 3. Prior to plan check submittal, the applicant shall submit revised side and rear elevations showing approximately. a 7.5 foot projection reduction of the view deck for Planning Division review • and approval. 4. Height of any structures (i.e., wall, fences, fountain, gates, etc.) within the 30 foot front yard setback is 42 inches. 5. Tennis court lighting shall comply with Code Section 22.16.050(e). Tennis court fencing shall comply with Code Section 22.42.110(7) (a). .6. The project site contains 12 California pepper trees and one walnut tree that shall be preserved. The California pepper trees are located near the east and south property lines and the walnut tree is located at the southwest corner of the driveway as it turns east adjacent to the west property line. To ensure the preservation of these trees the applicant shall comply with the following: a. Plot the 12 California pepper trees and one walnut tree and protective zone with fencing on the grading plan, site plan and final landscape/irrigation plan. b. Install protective fencing around all the California pepper . trees and walnut tree, placed at the protective zone or construction boundary. excavation and C. Perform all work, including grading, demolition within the protected zone of any tree by hand. d. No roots in excess of one inch shall be cut. e. Provide supervision by a certified arborist during grading, excavation, or demolition that occurs in the protective zone. f. Construction materials or debris shall not be stored or disposed of in the protective zone. 9. Equipment traffic in the protective zone shall be kept to a minimum. 7. Second unit shall comply with Code Section 22.42.120. 5 B. Building and Safety Division 1. Door between garage and the house shall be 13/8 inch solid core self-closing. Walls and ceiling between living space and garage shall be 5/8 type X. 2. Prior to final inspection, the applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading to sleeping areas. 3. All bedrooms shall comply with all rescue window requirements. 4. Kitchen and bathroom lights shall be fluorescent s. Plan shall specify the location of tempered glass as required by code. 6. All decks and balconies shall slope 1/4 inch per foot and have approved water proofing material. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. & Mrs. Derek Lee, 2260 Indian Creek Road, Diamond Bar, CA 91765 and ConDocS,. Inc., Mr. Aaron Walker, 4531 Belham Court, Westlake, Village, CA 91361. APPROVED AND ADOPTED THIS 13TH OF FEBRUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. MN 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 thel 3th day of February 2007, by the following vote: ATTEST: AYES: NOES: ABSTAIN: ABSENT: Nancy Fong, Secretary • PROJECT #: Develo ment Review No. 2006-28 and Tree Permit No. 2006-07 SUBJECT: Demolish Existing Single -Family Residence a New Residence PROPERTY OWNER: Mr. k Mrs. Lee Derek APPLICANT: ConDOCS,- —Inc. LOCATION: 2260 Indian Creek Road ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General... Requirements 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 broughtwithin the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City -defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 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. 2006-28 and Tree Permit No. 2006-07, 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 fee's andfeds-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. Priorto 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. 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 1 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits 1. The approval of Development Review No. 2006-28 and Tree Permit No. 2006-07 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" dated February 13, 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 and Second Unit" 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 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, I whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General An Erosion Control Plan shall be submitted 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 (BMPs). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 1. The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of-way. 2. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 3. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 4. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished, grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the 10 grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval.. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices.. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 10. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining* walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 11. If applicable, submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport, prior to grading plan check submittal. 12. Prior to -the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 13. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 14. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any. project final inspections/certificate of occupancy respectively. 11 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. . All drainage/runoff from the development shall be conveyed from the site to the natural drainage course; No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. D. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 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 until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. ' 3. Fire Department approval is required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exteriorwall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 12 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 .. ': , ". s '. C 4531 13-Olh-brn Court Westlake Village, California I Tel: 818-515-925$t' L-- �4 28 15 December 2006 Mr. and Mrs. Chang 2276 Indian Creek Road Diamond Bar, CA 91765 RE: Permission to Allow off -Site Grading Dear Mr. and Mrs. Chang: This letter is to confirm your understanding and solicit your approval of proposed off-site grading work associated with the construction of a new residence at 2260 Indian Creek Road owned by Mr. and Mrs. Lee. The off-site grading will occur within your property boundary extending to the existing low retaining wall (approximately 6-10' over your East property line). The attached exhibits demonstrate the extent of the proposed grading and are intended for informational purposes only. The exact location of the new grades will be determined by;klicensed civil engineer in coordination with the City of Diamond Bar Building Department and the Diamond Bar Country Estates Association guidelines. Upon completion of the grading work, new landscaping in keeping with the general character of the existing front yard will be installed at the disturbed area. In addition, any damage to'your existing site wall(s), sidewalk, and/or adjacent landscaping will be repaired or replaced to match the existing condition. All costs associated with the above described grading, landscaping, and repairs will be born solely by the Lee's. By signing below you hereby indicate that you have reviewed the attached plans and grant permission to Mr. and Mrs. Lee and their agents to perform the proposed grading and to submit the documents necessary to obtain grading permits to the City of Diamond Bar and the Diamond Bar Country Estates Association. 6, LT&A Print . /2-/s--'4 Date F = m '.2 SELNON aNW 10* -0* 10* CORNER OF HOUSE I 10'.-D' -: 10'-D F- SEMON 30' FROM CORNER R R SECRON 100- FROM CORNER Drawing Title Revised Drawing SECTIONS @ PROPERTY LINE SK -002 Project Scale Da LEE RESIDENCE I NO SCALE 112.06.06 . n Ilk November 17, 2003 Mr. Eric Lee Rice Field Corp. 14500 E. Valley Blvd. City of Industry, CA 91746 Regarding: Tree Inventory and Report Lee Residence 2260 Indian Creek Rd. Diamond Bar, CA Dear Mr. Lee, At your request I visited the above referenced project on November- 14, 2003 to perform an inventory and evaluation of the trees on the property. The work performed includes a complete inventory of all protected trees on site with a trunk diameter of eight inches or greater as mandated by the city of Diamond Bar. All protected trees have be tagged and assessed for health, structural soundness and potential impact due to proposed construction. Mitigation measures if requLed;will also be provided to preserve trees near areas of construction and demolition. Existing landscape trees that are not protected by the city ordinance will be identified by location and species only (see attached legend). Trees measuring less than 8" may not be identified. All tree evaluations were performed from ground level. Trunk diameter is measured at 54" above ground level, tree heights are approximate and canopy spread is averaged. For identification purposes, round aluminum numbered tags have been placed on the north side of the trunks of all protected trees. Please refer to the attached plan for tree locations. Overview of site and proposed construction The site consists of a single family home, pool and pool house that sit on property sloping to the south. Proposed construction includes demolition of all structures and pool, moderate grading will take place on the east side of the existing home in preparation for the installation of retaining walls, a minimum amount of grading will also be performed on the slope south of the pool house. Potential project impacts to trees The project includes a total of thirteen protected trees that are to be preserved in placd" (l2) California Pepper (Schinus molle) and (1) English Walnut (Juglans regia). Several other non - protected tree species are scheduled for removal, the majority of tree removals will be those located on the slope south of the pool and slope east of existing residence. All California Pepper trees are located near the east and south property lines, the English Walnut is located at the southwest comer of driveway as it turns to the east. Tree Inventory and Report 2260 Indian Creek Rd. Page two; continued Potential project impacts to trees, continued .Demolition of structures and pool is well outside the protected zone of all protected trees, therefore can be performed in a manner that will result with no impact. Grading work to be performed will encroach the protected zone of trees 485, 86 & 88, however grade changes are minimal and involve cuts of less than one foot; this work can be performed with minimal to no impact to trees. Tree Evaluations The California pepper (Schinus molle) trees along the east and south property lines have been planted very close together, due to over crowing these trees have grown in irregular forms with poorly developed structure. Collectively they add significant value to the property for their contribution as a screen, as individual specimens most would not provide a significant value/contribution to the property. The pepper trees along the south property line have been encased with a concrete patio and evidence suggests that soil grade around these trees has been drastically increased with no effort to mitigate the impact. These trees will continue to decline if mitigation measures are not implemented. It is recommended that concrete be removed from around trunks and that soil level is restored to original. grade. Tree 985, California Pepper - low branching with 3 main trunks, Condition Rating — C, Specifications 45' tall x 30' wide x 30.5" total trunk diameter. This tree appears to be fairly healthy and sound with no significant pest problems. The tree contains large amounts of deadwood in its canopy. Ivy is also invading the tree. Tree 486, California Pepper — single trunk, Condition Rating — C, Specifications 45' tall x 25' wide x 21" trunk diameter. This tree appears to be healthy and sound with no significant pest problems. This tree is severely one-sided with poor form and contains large amounts of deadwood in its canopy. Ivy is also invading the tree. Tree 988, California Pepper — single trunk, Condition Rating — B, Specifications 45' tall x 35' wide x 19.5" trunk diameter. This tree appears to be healthy and sound with no significant pest problems. This tree has broken limbs hanging in its canopy with signs of pruning. damage, it also contains significant amounts of deadwood. Ivy is also invading the tree. Tree 989, California Pepper — multi trunk (2), Condition Rating — C, Specifications 20' tall x 15' wide x 11" total trunk diameter. This tree appears to be healthy and sound with no significant pest problems. This tree is one-sided with poor form and contains large amounts of deadwood in its canopy. Ivy is also invading the tree. Tree Inventory and Report 2260 Indian Creek Rd. Page three; continued Tree Evaluations, continued Tree 990, California Pepper - multi trunk (2), Condition Rating — B, Specifications 30' tall x 40' wide x 38.5" total trunk diameter. This tree appears to be healthy and sound with no significant pest problems. Tree #90 has good balanced form. This tree has began to envelope the fence.that was built running through the crotch of its two main trunks. The canopy contains a significant amount of deadwood. Tree 491, California Pepper — single trunk, Condition Rating — D, Specifications 30' tall x 28' wide x 21" trunk diameter. This tree currently appears to be stable. There is an old pruning wound on the north side of the trunk that now contains active decay with visual signs of "Armillaria7 a fatal wod rot pathogen, currently the disease appears to be isolated to the wo ound area. The tree displays signs of stress by a high volume of deadwood and thinning foliage. Tree 991 must be monitored annually for failure potential_ This tree has poor form and is one-sided. Tree 992, California Pepper — low branching (2), Condition Rating — C-, Specifications 20' tall x 15' wide x 24" total trunk diameter. Tree 492 is stressed and contains multiple areas of decay in branches and limbs from old pruning wounds, its canopy is stunted and thin in foliage. This tree is very one-sided with poor form. There is a significant amount of deadwood in its canopy. Tree 993, California Pepper — multi trunk (2), Condition Rating — C-, Specifications 25' tall x 18' wide x 24" total trunk diameter. This tree displays stress, its canopy is stunted, thin in foliage and contains large amounts of deadwood. The tree is one-sided with poor form and has begun to grow over concrete that is in contact with its trunk. Tree 994, California Pepper — single trunk, Condition Rating — C, Specifications 35' tall x 23' wide x 17.5" trunk diameter. This tree appears to be stable and sound with no pest problems. The tree is one-sided with poor form and contains heavy amounts of deadwood in the canopy. Tree 495, California Pepper — multi trunk (2), Condition Rating — C-, Specifications 25' tall x 25' wide x 24" total trunk diameter. This tree displays stress, its canopy is stunted, thin in foliage and contains large amounts of deadwood, and no signs of pest problems were observed. The tree is one-sided with poor form. Tree 996, California Pepper — multi trunk (4), Condition Rating — C-, Specifications 35' tall x 35' wide x 42.5" total trunk diameter. This tree displays stress, its canopy is stunted, thin in foliage and contains large amounts of deadwood no pest problems were observed. . :, r Tree 07, California Pepper — multi trunk (4), Condition Rating — C, Specifications 30' tall x 30' wide x 24" total trunk diameter. This tree appears to be stable but also shows signs of stress, its canopy is stunted, thin in foliage and contains broken limbs and large amounts of deadwood. No pest problems were observed. The tree has poor form; two of its four trunks are partially covered by hardscape. Tree Inventory and Report 2260 Indian Creek Rd. Page four; continued Tree Evaluations, continued Tree #98, English walnut — single trunk Condition Rating — B, Specifications 20' tall x 25' wide x 8.5" total trunk diameter. This tree was found to be in healthy, sound and pest free condition. ' Mitigation measures > All work performed, grading, excavation, or demo within the protected zone of any tree must be done by hand > No roots in excess of I" in diameter shall be cut > Supervision is recommended during demolition, grading or excavation that takes place within the protected zone of any protected tree * > Protective fencing shall be installed around all protected trees, placed at the protection zone or construction boundary > Construction materials or debris shall not be stored or disposed of within the protected zone of any tree ➢ Equipment traffic within the protect zone shall be kept to a minimum, Mitigation or remedial . actions may be required based on the level of encroachment/impact Definitions Protected Zone — That area within the dripline of a tree and extending to a point at least five feet outside the dripline. Dripline — The outer most area of the tree canopy Tree Condition Grading System A — Outstanding: A healthy, sound and vigorous tree characteristic of its species and reasonably free of any visible signs of stress, structural problems, disease or pest infestation B — Above average: A healthy, sound and vigorous tree with minor signs of stress, disease and or pest infestation C — Average: Although healthy in overall appearance there exists an abnormal amount of stress, pest infestation or visual signs of minor structural problems. D — Below Average/Poor: This tree is characterized by exhibiting a great degree of stress, pests or diseases, and appears to be in a rapid state of decline. The degree of decline can vary greatly and may include dieback or advanced stages of pests or diseases. There may also be visual signs of structural problems such as cavities, decay or damaged roots .F — Dead: This tree exhibits no sign of life whatsoever Tree Inventory and Report 2260 Indian Creek Rd. Page six; continued Conclusion Based on the information gathered from my field/site evaluation and review of the plans I have concluded that the proposed demolition and grading can be performed in a manner that will result in little to no impact to the protected trees on site. It should be noted that the study of trees is not an exact science. The arborist therefore is not responsible for tree defects or soil conditions that cannot be identified by a prudent and reasonable inspection. If you should have any questions or require other services please contact me at the number listed below. Respectfully, Arbor Essence Kerry Norman ISA Certified Arborist 4WC-3643 ASCA member, American Society of Consulting Arborists Cc: Kayo Nakamura JNIA Architecture 09/10/2006 21:13 5066222 ARBOR ESSENCE PAGE 02 September 11, 2006 Mr. Eric Ue Rice Field Corp. 14500 E. Valley Blvd. City of Industry. CA 91746 Regarding: Certification Letter Lee Residence 2260 Indian CreA Rd. Diamond Bar, CA Dear Mr. Lee, At your request I visited the above referenced site September 7, 2006. The purpose of this visit was to inspect the site and certify that there have been no significant changes to existing protected trees car site conditions since my inspection and tree report dated November 17, 2003. My visual inspection was performed from ground level and did not involve, any extensive or invasive diagnostic procedures. I walked the entire property and found the site to be in pretty much the same condition as it was in November of 2003. The only exceptions are that (2) Leyland cypress (Cupressus leylandii) have failed due to natural causes; one of the trees, fell and the oilier is dead and still standing. Remaining trees appear to be in healthy stable condition. There are no visual signs that any tree•removal, construction or demolition has takim place. If you have any questions or require other services plea.5e contact me at the number listed below. Respectfully, Arbor Ess"o6 Kerry Norman ISA Board-Ceftifted Master Arborist #l -WC -3643B Member ASCA, American Society of Consulting Arborists RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 Above COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE WITH SECOND UNIT DEVELOPMENT REVIEW NO. 2006-28 AND TREE PERMIT NO. 2006-07 The undersigned hereby certify that Derek and Constance Lee is/are the owner(s) of the hereinafter described real property located 2260 Indian Creek Road in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 67, Tract Map No.2.3483 Assessor's Book and Parcel Number: 8713-040-033 And, I/we do hereby. covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only, and that no portion of the structure(s) or property shall be rented, leased or sold separate and apart from any remaining portions of the property or structures. The sale or subdivision of the second unit separate from the primary residence shall be prohibited. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. M LIM STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of 2007 before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the- within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State —M M.031m,m ONOMO Anvona )IHVW AG N91S3a W.0 MM "MNI 09ZZ r S310N 1"3N3' ....... FCCwww V )(3GN1 133HS ZF� M.:,. �- I �� -- =!L-M� 'NO11080ANI M', 61 p DMIS33 331 Md Lq nV SOCONDO DNVISNO) ONV )OHM 311 '03 A11V9RU A131V 0 L j r 0 LJ O D- x Ld 0 L -j Ld 2: En aR I HANF, i§Al PSga; a "PC Raj; M02911 YERS, -.6,-551 1 s4hw I Cllsl HS1 agaass 1. IN ft 11 ail a a u S 5 8. 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