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HomeMy WebLinkAbout08/08/2000August _ r P.M. w QualitySouth Coast Air Auditorium Diamond21865 East Copley Drive Ba Vice Chairman .Commissioner Commissioner Commissioner Copies of staff reports or other written documentation relating to agenda items are on file in the Planning and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. 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 Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium . encourages ,. the same City of Diamond Bar r RULES MEETING I y 7 PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATI®N RELATING TO AGENDAS AACTI®NS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQiJI MENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 396-5676 between 8:00 a.m. and 5:00 p.m., Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909)396-5676 Computer Access to Agendas (909) 860-L General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us CITY OF DIAMOND BAR Tuesday, August 8, 2000 Next Resolution No. 2000-13 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman Bob Zirbes; George I£uo, Joe Ruzicka, and Steve Tye. 1 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 afive-minute maximum time limit when addressing the PlannWg_Commission. 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: July 25, 2000 .1 Deve nt Review No. 2000-09 (pursuant to Code Section 22.48.020) is a request to construct a three story (two stories and a basement) single family residence with a three car garage and balconies totaling to approximately 11,560 square feet. The request also includes a swimming pool/spa, gazebo and retaining walls with a maximum six-foot exposed height. (Public Hearing closed and continued from July 11, 2000.) Project Address: 2718 Steeplechase Lane (Lot 54 of Tract No. 30289) Diamond Bar, CA 91765 August 8, 2000 Palazzo, Inc. P.O. Box 5170 TF.i?,rto-td Bax, C, Applicant: An -Chi Lee 3740 Campus Drive, #B Newport Beach, CA 92660 Environmental Determination: Pursuant 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. 2000-09, Findings of Fact, and conditions of approval, as listed within the resolution. 6. NEW BUSINESS: 6.1 Discussion on Joint Study Session of City Council and Planning Commission on August 15a 2000 - Review topics for discussion. 7. CONTINUED PUBLIC HEARING: None. 8.1 Conditional Use Permit No. 2000-03 (pursuant to Code Sections 22.42.040 and 22.58) is a request to operate a Child Day Care Center in conjunction with a Montessori School. Project Address: 23555 Palomino Drive Abbey Company 12383 Lewis Street, Suite 200 Garden Grove, CA 92840 Applicant: Diamond Bar Montessori Academy 1861 Paseo La Paz Pomona, CA 91768 August 8, 2000 01 Page 3 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is categorically exempt pursuant Section 15301 of Article 19 of Chapter 3 of 'Title 14 the California Code of Regulations. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2000-03, Findings of Fact, and conditions of approval, as listed within the resolution. 8®2 Variance 2000-05 Ad inistrative Develop ent Review No. 2000-07 (pursuant to Code Section 22.52 and 22.48) is a request to construct a two story single family residence of approximately 9,692 square feet, which includes two (2) two -car garages and second story decks. The request also includes a lap pool with spa, pond with waterfall, and pavilion. The Variance is requested for proposed crib walls that reach a maximum height of approximately 25 feet. Project Address: 2001 Derringer bane (Lot 73, 'Tract 3009 1) Diamond Sar, CA 91765 Property Owner Gene Pascual 14326 Spring Crest Drive Chino Mills, CA 91709 Applicant: Ron Wilson 2658 Del Mar Heights Road, #149 Del Mar, CA 92014 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-04 has been prepared. The Negative Declaration review period begins July 13, 2000 and ends August 1, 2000. Recommendation: Staff recommends that the Planning Commission approve Variance No; 2000-05, Administrative Development Review No. 2000-07 , Findings of Fact, and conditions of approval, as listed within the resolution. August 8, 2000 [4 Lei & I& I N M M, QN&IMIN11 JOINT STUDY SESSION CITY COUNCIL AND PLANNING COMMISSION: WIN 40101 A N x I NXION110 luff-al 1,011 0 IM10=01011 5= Every Wednesday starting June 21— August 23, 2000 6:30 p.m. -8:00 p.m. - Sycamore Park 22930 Golden Springs Drive I off KENN ta F-141 1711 w1wi - 11111!16 Pa ug-072;L6 rM I Mo Mw 0 I Tuesday, August 15, 2000 — 4:30 p.m. AQMD Room CC -8 21865 E. Copley Drive Tuesday, August 15, 2000 — 6:30 p.m. AQMD Auditorium 21865 E. Copley Drive Tuesday, August 22, 2000 — 6:00 p.m. AQMD Auditorium 21865 E. Copley Drive Tuesday, August 22, 2000 — 7:00 p.m. AQMD Auditorium 21865 E. Copley Drive Thursday, August 24, 2000 — 700 p.m. AQMD Hearing Board Room 21865 E. Copley Drive •w-ou -, Cowo-llam , LM UM Wednesday, August 30, 2000 $10.00 per ticket Bus leaves City Hall at 5:30 p.m. Game Time at 7:00 p.m. MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 2, 2000 Chairman Nelson called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management Headquarters Building Auditorium, 21865 East Copley Drive, Diamond Bar, California. The Pledge of Allegiance was led by Vice Chairman Zirbes. -9 0 -0 W-11 Present: Chairman Nelson, Vice Chairman Bob Zirbes, and Commissioners George Kuo, and Joe Ruzicka. Commissioner Steve Tye arrived at 7:13 p.m. Also Present: James DeStefano, Deputy City Manager, Ann J. Lungu, Associate Planner, Sonya Joe, Development Services Assistant, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Secretary. I [TIJ I M-1 - III, U., — C/Ruzicka moved, C/Kuo seconded, to approve the minutes of the meeting of July 11, 2000, as presented. Motion carried by the following Roll Call vote: 6. NE W BUSINESS: Norin Kuo, Ruzicka, VC/Zirbes None Chair/Nelson Tye JULY 25, 2000 PAGE 2 7® CONTINUED PUBLIC HEARING: None 8.1 Deyglopment Review No. 2000-0 (pursuant to Code Section 22.48) is a request to construct a three story (two stories and a basement), single family residence, with a six -car garage, covered patios and balconies, totaling approximately 14,742 square feet. The request also includes retaining walls with maximum six feet in exposed height, tennis court with recreational lighting, and pool with spa. . •• PC$ W 0 2688 Blaze Trail Drive (Lot 1, Tract No. 51169) Diamond Bar, CA 91765 Jerry Yeh - Horizon Pacific 2707 Diamond Bar Boulevard #202 Diamond Bar, CA 91765 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2000-05, Findings of Fact and conditions of approval, as listed within the resolution. AssocP/Lungu responded to C/Tye that relocated trees in addition to replacement trees will be monitored as a part of the Mitigation Monitoring Program. C/Ruzicka reiterated his concern that landscape plans are not reviewed by the Planning Commission after approval. AssocP/Lungu indicated to C/Kuo that the Code allows for a maximum of eight (8) lighting fixtures for sports courts - one fixture for every 900 square. feet. In this case, staff rounds up to a total of 7 fixtures. On Page 7 (h) the draft resolution indicates that "tennis court lighting shall comply with Code Section 2216.050(E)." AssocP/Lungu responded to Chair/Nelson that the Mitigation Monitoring Program exists for five (5) years and can be extended. JULY 25, 2000 PAGE 3 PLANNING COMMISSION Jerry Yeh, Horizon Pacific Construction Company, stated he reviewed staff's report and concurs with the conditions of approval. Jerry Yeh responded to VC/Zirbes that the Tatami Room on the first floor will be used for recreational purposes and for guest accommodations. The entry area contains a one story fish tank, which is under design. He slid he does not know how many gallons of water the tank will hold until the design is completed. Chair/Nelson opened the public hearing. There being no one who wished to speak on this matter, Chair/Nelson closed the public hearing. VC/Zirbes moved, C/Ruzicka seconded, to approve Development Review No. 2000-05, Findings of Fact, and conditions of approval, as listed within the resolution, with the following change to Condition 5. (i) on Page 7 of the Draft Resolution, to wit: "Prior to final inspection or the issuance of a Certificate of Occupancy, the applicant shall comply with the Mitigation Monitoring Program for Tract No. 51169 to the satisfaction of the City's staff." Motion carried by the following Roll Call vote: @ z - Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson None None None Offered. 10.1 Public Hearing dates for future projects. As indicated in the agenda matrix. DCM/DeStefano stated that the Brea Canyon Road Improvement Project on Brea Canyon Road between Pathfinder Road and Golden Springs Road commenced about one week ago. Over the next 90 days that street will be widened to four lanes. A number of drainage problems in the Glenbrook Drive area will be corrected as a part of this project. The project coincides with The Church In Diamond Bar construe , project begun about three weeks ago which was approved about two years ago by the Planning Commission. • in t, •. @ z - Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson None None None Offered. 10.1 Public Hearing dates for future projects. As indicated in the agenda matrix. DCM/DeStefano stated that the Brea Canyon Road Improvement Project on Brea Canyon Road between Pathfinder Road and Golden Springs Road commenced about one week ago. Over the next 90 days that street will be widened to four lanes. A number of drainage problems in the Glenbrook Drive area will be corrected as a part of this project. The project coincides with The Church In Diamond Bar construe , project begun about three weeks ago which was approved about two years ago by the Planning Commission. JULY 25, 2000 PAGE 4 PLANNING COMMISSION DC eStefano reported that the Pulte Project has broken through the main entry at 'Tin Drive. He has seen sketches of the gate design. Once the details of the design are submitted to staff this matter will be returned to the Planning Commission for its final review as called out in the Conditions of Approval. DCM/DeStefano further stated that the City Council has a desire to meet with each of the Commissions in a study session format prior to a regular City Council meeting (4:30 - 5:00 p.m.). The Council wishes to commence this process with the Planning Commission at 4:30 p.m. on August 15, 2000. He asked Commissioners to provide their list of proposed discussion topics for the regular August 8 Planning Commission meeting. As listed in the agenda. C/Ruzicka moved, C/Tye seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chairman Nelson adjourned the meeting at 7:35 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Steve Nelson Chairman t o MEMORANDUM 4 C IT Y of IXWOI*M BM DEPARTMENT OF COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Associate Plan e � th", PORT ATE: August 1, 2000 SUBJECT: Development Review No. 2000-09, for property located at 2718 Steeplechase Lane (Lot 54, Tract No. 30289) MEETING" August S, 2000 DATE: On July 11, 2000, the above -referenced project was presented to the Planning Commission at a public hearing. At that time, the public hearing was opened; public comments were heard; and the public hearing was closed. The Planning Commission directed staff to bring the matter back on August 8, 2000, to address the Planning Commission's concerns. 1 - At the hearing, the Planning Commission expressed concerns related to: 1) the accessibility of the easement road/driveway; and 2) the specified amount of earthwork that will occur for the project. With regard to the Planning Commission's first concern, staff contacted the City Attorney regarding access rights over the shared driveway. The City Attorney was presented with a map delineating Lots 51 through 57 and the shared access easement road/driveway, correspondence dated July 6, 2000, from Call, Clayton, and Jensen (attorneys for Roberts, property owner of Lot 52), and a copy of the Roberts' Judgment and Appeal to assist in reviewing the issue of accessibility of the easement road/driveway. In the opinion of the City Attorney, regardless of the fact that the easement over the shared access is not recorded, it was clearly constructed to be a common access for Lots 51 through 57. The City Attorney believes that the Planning Commission could approve this project. (See attachment to correspondence, dated August 1, 2000.) With regard to the Planning Commission's second concern, it is esti ted and has been verified by staff that approximately 2,700 cubic yards of earthwork will occur for this project (2,500 cubic yards of cut and 200 cubic yards of fill with approximately 2,300 cubic yards of earth exportation). At 12 -cubic yards a single truckload, approximately 192 single truckloads of earthwork for the Memo to Chairman and Planning Commissioners Page 2 August 1, 2000 construction of this project will occur, thereby, causing 384 round trips. Pursuant to the recommendations within the soils report and to the satisfaction of the. City Engineer, the applicant will be required to re -construct that portion of the shared access driveway located on project site, Lot 54. Also, the applicant will be required to repair any damage that may occur to the shared access driveway during construction to the satisfaction of the City Engineer. Opportunity for re- construction of the driveway located on the other lots will occur if and when development applications are submitted to the City for those properties. Staff recommends that the Planning Commission approve Development Review No. 2000-09, Findings of Fact, and conditions of approval as listed within the attached resolution. Attachments: 1) Draft Resolution 2) Planning Commission Staff Report, dated June 19, 2000 3) Planning Commission Minutes, dated July 11, 2000 4) Correspondence from Richards, Watson & Gershon, dated August 1, 2000 The property owner, Palazzo, Inc. and applicant, An -Chi Lee have filed an application for Development Review No. 2000-09, for a property located at 2718 Steeplechase Lane, Diamond Bar, Los Angeles County, California. hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On June 22, 2000, public hearing notices were mailed to approximately 49 property owners of record within a 500 -foot radius of the project and the public hearing notice was posted in three public places within the City of Diamond Bar. On June 27, 2000, the project site was posted with a display board. On June 28, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On July 11, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was opened, public comments were heard, and the public hearing was closed. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to the provisions of the California Environmental Quality i Act (CEQA) of 1970 and guidelines promulgated thereunder, according to Section 15303(a). 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4: Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing vacant lot, denude of significant vegetation, is located at 2715 Steeplechase Lane (Lot 54, of Tract No. 30259) within a gated community identified as "The Country Estates". The project site is rectangular shaped and approximately 1.20 gross acres and 1.11 net acres. It slopes up from Steeplechase Lane to the rear property line. An existing access driveway traverses the front portion of the project site behind the proposed 30 -foot front setback. The access driveway is utilized as a non-exclusive easement and traverses Lots 51 through 57. This access driveway will abut the proposed driveway for the project site. A recreational and equestrian use easement located within the rear portion of the project site was deleted in its entirety in April 1990. (b) The project site has a General Plan land use designation of Rural Residential (RR). (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally, the following zone surround the project site: to the north, south, east and west is the R-1-20,000 Zone. (e) The Application request is to construct a three-story (two stories and a basement) single-family with a three car garage and balconies totaling to approximately 11,560 square feet. The request also includes a swimming pool/spa, gazebo, fountain and retaining walls with a maximum six-foot height. (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for 0 special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). Tract Map No. 30289 was approved by Los Angeles County prior to the City of Diamond Ear's incorporation and sited for residential development, knowing that Lot 54 would eventually be developed with a single family residence. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of -Maximum 1 DU/AC since the project site is 1.20 gross acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and material of other homes within Tract No. 30289 and "The Country Estates." (g) The design and .layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site was planned for the eventual developed of a single-family residence through the Tract's original approval. The proposed project is a single-family residence, which is consistent with single family residences established within "The Country Estates". As such, the proposed single family residence is not expected to interfere with the use and enjoyment . of neighboring existing or future development. The proposed single-family residence is not expected to create traffic or pedestrian hazards because the proposed use was expected in the future. Steeplechase Lane, a private street, adequately serves the project site and was established to handle minimum traffic created by this type of gated residential development. Therefore, the use of a contemplated single-family residence will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or'any applicable specific plan. The architectural design of the proposed project is Mediterranean. The architectural design of other residences within "The Country Estates" is eclectic. Therefore, the proposed project's architectural design is compatible with other residences within this gated community. Furthermore, the proposed project has obtained the approval of "The Country Estates" architectural committee. 0 A proposed prominent architectural feature/focal point of the residence is the Coliseum Stone front entry and motor court entrance with Composite type columns, which is a combination of the Ionic and Corinthian order. The balconies are a secondary focal point of the front fagade utilizing columns and balustrade, which corresponds to the prominent architectural focal points. The window styles and architectural treatment extends to all sides of the proposed residential structure. The proposed colors are a variation of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General flan. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials board, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color, texture and a low level of maintenance.. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements' in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CQA); The environmental evaluation shows that the proposed project is categorically exempt pursuant to the provisions of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, according to Section 15303(a). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, landscape/irrigation plan and colors/materials board collectively labeled as Exhibit "A" dated July 11, 2000 as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. The approved landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy issuance. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e, significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (f) Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's .review and approval. The grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Plow lines and drainage/drainage outlets; (4) Finish surface and finished grade; (5) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer and geologist, as required; 9 (6) Exportation site; and (7) All easements. (g) Prior to issuance of any City permits, the applicant shall submit a soils report for the City's review and approval. Said soils report shall: (1) Incorporate the suitability and stability of all retaining walls to withstand pressure of the retained soil and surcharge created by the proposed loads; and (2) Incorporate the scope of the proposed development and appropriate recommendations for the project's construction and shared access; (h) The applicant shall re -construct their portion of the access driveway that traverses the project site, pursuant to the design recommendations within the soils report and to the satisfaction of the City Engineer. (i) The applicant shall repair damage that may occur to the shared access driveway during construction, pursuant to the satisfaction of the City Engineer. (j) Prior to the issuance of any City permits, the applicant shall submit a proper drainage plan indicating details and sections for the City's review and approval. (k) Prior to the issuance of any City permits, the applicant shall submit a retaining wall plan for the City's review and approval. The retaining wall plan shall delineate the following: (1) Sections drawn to scale with the appropriate details; (2) Top of wall, finished surface, bottom of wall and top of footing; (3) Type of retaining wall; (4) Calculations; and (5) Retaining walls shall be subject to the City's Ifillside Management Standards. (1) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System ( DES) standards and incorporate the appropriate Best Management Practices (B 's). Additionally, the applicant shall obtain the necessary NPDES permits. (m) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (n) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (o) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public Works and the Sanitation District. 2 (p) The proposed residence shall comply with the State Energy Conservation Standards. (q) Surface water shall drain away from the proposed residence at a two -percent minimum slope. (r) The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 -inch screen. (s) Plans shall conform to State and Local Building Code (i.e., 1997 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1996 National Electrical Code) requirements. (t) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (u) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval (v) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (w) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (x) If the Department of Fish and Came 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 0 documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: M.", (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Palazz* Inc., P.O. Box 5170, Diamond Bar, CA 91765 and An -Chi Lee, 3740 Campus Dr#B, Newport Beach, CA 92660. APPROVED AND ADOPTED TFHS 8TH DAY OF AUGUST, 2000, BY THE Steve Nelson, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of August, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary H: NM *C'ity of Diamond Bar M -M-0=4 I AGENDA ITEN NUMBERs 8.1 REPORT DATE: June 19, 2000 MEETING DATE: July 11, 2000 CASE/FILE NUMBER: Development Review No 2000-09 APPLICATION REQUEST: To construct a three-story (two stories and, a basement) single-family residence with a three car garage and balconies totaling to approximately 11,560 square feet. The request also includes a swimming pool/spa, gazebo, fountain and retaining walls with a maximum six-foot height. PROJECT LOCATION: 2718 Steeplechase Lane (Lot 54, Tract No. 30289) Diamond Bar, CA 91765 PROPERTY OWNERS: Palazzo, Inc. P.O. Box 5170 Diamond Bar, CA 91765 APPLICANT: An -Chi Lee 3740 Campus Drive, #B, Newport Beach, CA 92660 The property owner, Palazzo, Inc. and the applicant, An -Chi Lee are requesting approval of Development Review No. 2000-09 (pursuant to Code Section 22.48.0 20) in order to construct a three-story (two stories and a basement) single-family with a 0 three car garage and balconies totaling to approximately 11,560 square feet. The request also includes a swimming pool/spa, gazebo, fountain and retaining walls with a maximum six-foot height. The project site, an existing vacant lot, denude of significant vegetation, Steeplechase Lane (Lot 54, of Tract No. 30289) within a gated community identified as "The Country Estates". The project site rectangular shaped and approximately 1.1 gross acresand 1.11 net acres. It slopes• from Steeplechase Lane to the rear property line. An existing driveway traversed the front portion of the project site behind the proposed 30 -foot front setback. The driveway is utilized as a non-exclusive easement that abuts three existing residences, • e vacant lotto the northof - project site • the project site. This easement will also abut the driveway for the project site. A recreational and equestrian use easement located within the rear portion of the project site was deleted in it entirety in April •0 The project site has . General Plan land use designation of ,- and zoning designation Family • --Minimum Lot Size 20,000 Square_ • 1 0Generally,•_ • • zones surroundproject to the north,south,• west is the 111 Zone. The City's Development Code sets forth a Development Review process. The purpose of this process is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. Pursuant to Development C••- Section: 1 application involvefor Development Review is required for residential projects, which • on parcel and new structure additions to structures,and reconstruction projects structuresequal to 50 percent or greater of the floor area of existing on - or 1 001 square feet combined gross floor area. The proposed residential project is on a vacant lot with a gross floor area of approximately 11,560square feet.As project requiresDevelopment Review and the Planning Commission is the review authority. I 0 Development Standards The following is a comparison of the City's development standards set and the project's proposed development standards. CITY DEVELOPMENT STANDARDS Lot 54 PROPOSED PROJECT'S DEVELOPMENT STANDARDS Lot 54 Setbacks: Minimum Setbacks: ® Front yard - min. 30 ft. from ® Front yard - 100 ft. plus from property line; property line; ® Side yard - 10 & 15 ft. from ® Side yard - 10 & 18 ft. from property line with 25 ft. between property line with 28 & 30 ft. dwelling units on adjoining parcels; between dwelling units on adjacent parcels; ® Rear yard - 25 ft. from property ® Rear yard - 118 ft. from property line; line; Building Height: Building Height: ® Maximum 35 ft.; ® Three stories (two stories with a basement) - 35 ft.; Parking: Parking: ® Two car garage - minimum; ® Three car garage; (2 -bays - 20'x20'); (2 -bays - 20'x20' & 1 -bay - 101x18'); Accessory Structures: Accessory Structures: ® Gazebo ® Gazebo Sides & street side - same as Sides - 40 & 64 ft. from property main structure; line; Rear - same as main structure; Rear - 90 ft. from rear property line; ® Swimming pool/spa ® Swimming pool/spa Street side - same as main Side - 44 & 56 ft. from side structure; property line; Rear & side - 5 ft. from property Rear - 108 ft. from rear property line; line; Lot Coverage: Lot Coverage: ® 30% ® 29% ki The proposed project complies with all the required City development standards. Architectural Features and Colors The proposed residence's architectural style is Mediterranean. This style is compatible with other residences within Tract No. 30289 and "The Country Estates" due to the eclectic architectural style that is existing in this area. A materials/colors board has been submitted which delineates the following: ® Exterior stucco walls: 0 Roof tile: ® Gutters, railings, chimney top ® Columns, balusters, trim & cap: ® Entry & trellis: ® Window/Door: ® Wall stone: ® Typical Stucco - Merlex P-1027, Beige, smooth finish; ® Accent Stucco - Merlex P-105, light beige, smooth finish; ® Monier life tile - Espana Slurry Terra Cotta Flashed; ® ICI Paints - Bird's Nest - 90YR 10/151, dark brown; ® Precast concrete - color to match accent stucco; ® Stained wood - Antique Pine (custom stain); ® Vinyl Clad Wood - White; 0 Marmol Export - Limestone, Coliseum stone, beige; "The Country Estates" homeowners' association architectural committee has approved the proposed materials/colors board and architectural plans. The proposed colors are a variation of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. A proposed prominent architectural feature/focal point of the residence is the Coliseum Stone front entry and motor court entrance with Composite type columns, which is a combination of the Ionic and Corinthian order. The balconies are a secondary focal point of the front fagade utilizing columns and balustrade, which corresponds to the prominent architectural focal points. The window styles and architectural treatment extends to all sides of the proposed residential structure. A floor plan is included as part of Exhibit "A". The proposed structure's motor V car garage, laundry room, elevator, vestibule, storage room, hobby room bathroom and media/exercise/game room. The first floor contains an entry with entry deck, foyer, living room, dining room, wet bar, kitchen with an adjacent wok kitchen, nook and butler's pantry, library, family room, secondary master bedroom with bathroom, powder room, and exterior balcony. The second floor contains a master bedroom suite with bathroom, wardrobe and exterior balcony, sitting/game room with exterior balcony and three bedrooms each with a bathroom. A total of five bedrooms are proposed with a 3 -car garage. The motor court could accommodate three additional cars. As a result, staff believes that the number bedrooms in relationship to the number of parking spaces that will be provided offer adequate parking for the proposed project. Grading The grading plan indicates that the proposed project would generate approximately 2,500 cubic yards of cut and 210 cubic yards of fill. The cut will create the pad for the proposed development. The fill will occur within the driveway area leading to and adjacent to the proposed pad. In this case, cut and fill will not be balanced on site and exportation of earth will occur. Retaining Walls Several retaining and non -retaining walls are proposed. The site plan and grading plan (Exhibit "A") delineates these walls as follows: ® At the driveway entrance, five to six feet tall with pilasters and steel gate; these wall are not within the front setback and may be taller than 42 inches or a maximum height of six feet; ® Within the front portion of the site to create planters adjacent to the residence varying in height not to exceed six feet; ® Adjacent to the side property lines, maximum height of six feet; ® Within the rear portion of the site, adjacent to the swimming pool area with a maximum height of six feet; ® Within the rear portion of the site, adjacent to the gazebo and garden area; and ® Within the rear portion of the project site, adjacent to the garden area, two keystone walls are proposed at a height of three feet with a five foot separation to be utilized as a planter area. Gazebo, Barbecue, Fountain A gazebo that incorporates a waterfall and spa is proposed adjacent to the swimming pool within the rear of the project site. The gazebo will also house the pool equipment. Architectural style, construction materials and color will match the proposed residence. Also, within the rear of the project site below the second floor balcony is a barbecue area with sink and bar. Additionally, within the front/side portion of the project site, incorporated into the proposed retaining walls with pilasters and stairs leading to the entry deck is a fountain Landscaping/Irrigation A conceptual landscape plan was submitted with this project's application. The applicant is required to submit a final landscape plan with an irrigation plan for the City's review and approval prior to the issuance of any City permits. It will be required that the landscaping and irrigation be install prior to final inspection or Certificate of Occupancy. The conceptual landscape plan delineates two eucalyptus trees at the southerly side property line. These trees are actually on the neighbor's property and will remain. Additional Review The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached draft resolution. The environmental evaluation shows that the proposed project is categorically exempt pursuant to the provisions of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, according to Section 15303(a). BulletinNotice for this project was published in the Inland Valley .• -l Valley Tribune on June 28, 2000. Public hearing notices were mailed to approximately 49 property owners 500 -foot radiusproject site on June 22, 111. Furthermorethe project sit- was posted with a display ••. • on June 27, 2000 and the public -notice posted in three public places on June 22, 2000. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2000-09, Findings of Fact and conditions of approval as listed within the attached resolution. 1. The design and layout of the proposed development is 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); . create2. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not traffic or pedestrian 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values ore resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). rA Ann Attachments: 2. Exhibit "A" - site plan, floor plan, elevations, sections, grading plan, landscape plan and colors/materials board dated July 11, 2000; 3. Tree Preservation Statement date April 24, 2000; and 4 Application. 3 The subject property contains no oak, walnut, sycamore, willow, ®r naturalized California Pepper trees. The subjed property contains one or more oak, walnut, sycamore, willow, or naturWized Cali fornia Pepper trees. The applicant anticipates that no activity (groding and/or construction) will take place within five (5) feet of the outer dripline of any oak, walnut� syemore, willow, or naturalized California Pepper pplicant's Signature) tv"UNENR JULY 11, 2000 Vice Chairman Zirbes called the meeting to order at 7: 10 p4m. in the South Coast Air Quality Management Headquarters Building Auditorium, 21865 East Copley Drive, Diamond Bar, California. R 9 9 U 0 11 �1-1 �' � Present: Vice Chairman Bob Zirbes, and Commissioners George Kuo, Joe Ruzicka, and Steve Tye Chairman Steve Nelson was excused. Also Present: James DeStefano, Deputy City Manager, Ann L Lungu, Associate Planner, Sonya Joe, Development Services Assistant, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Secretary. �w fftffm� �-I I presented. Motion carried by the following Roll Call vote: AYES: NOES: M 0 01 1= Kuo, Ruzicka, VC/Zirb None Tye Chair/Nelson JULY 11, 2000 PAGE 2 L 3 fll ji• 8.1 De-weloRMent Review No. 2000-09 (pursuant to Code Sections ,:1 1.1 is a request to construct' a three story (two stories and a basement) single family residence with a three car garage and balconies totaling to approximately 11,560 square feet. The request also includes a swimming pool/spa, gazebo and retaining walls with a maximum six-foot height. 0 awwrefflm M 'B AssocPALungu presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2000-09, Findings of Fact and conditions of approval, as listed within the resolution. An -Chi Lee, Architect, explained the elevation design features of the proposed project. Mr. Lee explained that it is almost impossible to design a house on this lot. The buttress fill on Steev,lechase Lane is about ere4rj .2�-Ysl a very large amount of dirt which could compromise the neighbors properties. Access denial could render the project unfeasible. 33= JULY 11, 2000 PAGE 3 PLANNING COMMISSION Hank Jong, ET'® Associates, 11823 Slauson Unit 18, Sante Fe Springs, project soil engineer, explained that the actual number of truckloads of dirt that will be exported from the project site is 400 cubic yards for a total of 30 to 40 truckloads. DCM/DeStefano stated that the estimate of 2300 cubic yards of export contained within staff's report is based upon the drawings that were provided by the applicant. Mr. Jong explained that when the buttress is cut down, some means of protection for the adj ace property such as installation of a structure member must be initiated. If this cut is required in 11 of the current access, it is feasible, but it will result in a substantial increase in cost to develop t lot. I Mr. Jong explained to C/Tye that when the buttress is cut away, as long as sufficient safety measures are incorporated in the design of the lot adjacent lots should remain stable. The key is to provide sufficient support to replace the mass that is being removed. Jim Stroffe, Attomey at Law, Friedman, Peterson and Stroffe, representing the property owner, said he became aware of the access road situation very recently. The access road runs in ront o approximately seven properties and accesses Steeplechase Lane at two points. The buttress fronts all of the lots and is approximately 20 feet high at the project site. Mr. And Mrs. Roberts property owners of Lot 52, have indicated to staff that they are opposed to traffic going across their lot via the access road. Each.property owner facing the access road owns their portion of the access road. The concem is use and not ownership. This road represents an access easeme for the benefit as well as, to the detriment of each of the property owners because all of the othe property owners are benefitted by the right to travel across that easement on property owned by adjacent owners. He stated that to his knowledge, this is an unrecorded "easement by implication." This "easement by implication" was litigated by the Roberts' when they tried to prevent access over their property by the Slokums who were the previous owners of Lot 53 property. That lawsuit resulted in a judgement in favor of the Slokums, a decision by the Trial Court that there was an ' easement by implication for the benefit of all of the parcels. The decisi was appealed by the Roberts and the Appellate Court affirmed the Trail Court's decision that an easement by implication did in fact exist. That same logic would apply to all of the owners. In his view, there is no question that the access road is in fact, an easement and all of the property owners have a right to use that road in order to get access to Steeplechase Lane. Attorney Stroffe said he believes that a restriction of the easement would require the consent of all of the invol ' ved property owners. He address Mm Roberts' concerns. The Roberts' may inc liability if they knowingly fail to maintain their portion of the road. Any one of the owners can maintain the road and all of the property owners have an obligation to contribute to the I maintenance of the road. He believes the best solution is to gate the roadway and make it a 0 91�-, - C/Tye stated that it appears that Mr. and Mrs. Roberts have the least use of the roadway and will suffer the maximum burden of maintenance according to the direction of vehicular traffic. has the legal right of access nor what percentage of use is attributable to individual property owners. C/Ruzicka moved, C/Tye seconded, to continue Development Review No. 2000-09, Findings I Fact, and conditions of approval, to August 8, 2000 in order to allow time for the following issues to be resolved: 1).the accessability of the easement road and 2) determination of the specific amount of dirt export. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Nelson 8.2 Preparation of a new General Plan Housing Element: DCM/DeStefano presented staff's report. The City is in the process of preparing a Housing Element for planning period 2000-2005. The purpose of this presentation is to provide an overview of the Housing Element development process and to present to the Planning Commission the draft Housing Element prior to its subtruission to the State of California. Staff recommends that 7-s appropriate. A formal draft Housing Element will be reviewed at a public hearing to be scheduled for September or October 2000. JULY 11, 2000 PAGE 5 PLANNING COMMISSION Karen Warner, Project Manager, Cotton/Beland/Assocfates (CBA), provided the Commission with a detailed overview of the Housing Element process and presentation of the Draft Housing Element for the Comn-dssion's review. VC/Zirbes asked where the city is deficient in its currentHousin9 Element. 1-\4s. Warren responded that the original Housing Element was not certified by the State. The main outstanding issue at the time were the sites. At that time the State was not supportive of mclusionary housing programs. The current State leadership supports inclusionary programs where the in lieu fees are not extraordinarily high. D' N'` stated that Diamond Bar was required to come up with almost 800 dwelling units in the five year planning period. As the Com -mission knows, there is very limited space i Diamond Bar. However, the City provided the State with graphics and textural support to sho - where the housing would likely occur. The State said that while Diamond Bar has shown it c comply, there still are not enough sites, particularly for high density units. Ms. Warren responded to C/Ruzicka that the climate within the State government has not changed dramatically ® their perspective on inclusionary housing has changed dramatically. It will continue to be difficult to obtain certification because the City does not have a track record in terms of affordable housing so it needs to prove why it is going to be different now. There needs to be a committal. The City has a Redevelopment Agency now which will start generating some set aside funds for housing. In her opinion, the City needs to establish which programs make the most sense for Diamond Bar and have a clear commitment to those programs in the Housing Element. this time. I -T about what the consequences might be which can be dire in the extreme case. Ms. Warren pointed out that HUD provides a "Teacher Next Door" and "Officer Next Door" programs which provide very low cost housing for those individuals who purchase homes within the community. Housing costs in Diamond Bar are quite high. This program tends to work in lower cost areas. oaera housing program to which Ms. Warren responded affirmatively as long as there were other [pirograms that addressed non -senior needs as well. VC/Zirbes said he believes that first time home buyer programs will be difficult in Diamond Bar with its median price range for single famfly dwellings. The Teacher Next Door program and being able to provide housing for faculty members of Mount San Antonio, Cal Poly Pomona or tther neighboring colleges would be a favorable option. C/Tye asked if the inclusionary housing in lieu fee places a burden on the developer who passes it along to the buyer which puts affordable housing out of reach. Ms. Warren responded that the State wants to review the fees to make certain that they are reasonable. An economist argues that if the market will only support a certain sales price and the developer has to pay the in lieu fee it will not allow him to charge more for the unit because the price is market driven. The in lieu fee will cut into the developer's profitability as a cost of doing business. Ms. Warren suggested that the City might want to consider doing a senior housing overlay on some of the multi -fami which shows a more focused approach to encouraging senior housing on those sites and would provide a good supplement to the current density bonus ordinance. �-@ 117-IMM7 =e have more substantial and up to date figures on the substantial and dramatic increase in that VC/Zirbes moved, C/Ruzicka seconded, to direct staff to incorporate the Commissioner's comments into the Housing Element proposal. Motion carried by the following Roll Call votl Kuo, Ruzicka, Tye, VC/Zirbes None Chair/Nelson JULY 11, 2000 PAGE 7 �=Ql 9.1 Public Hearing dates for future projects. As indicated in the agenda matrix. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. C/Ruzicka moved, C/ Tye seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Vice Chairman Zirbes adjourned the meeting at 9:15 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Bob Zirbes Vice Chairman GLENN R. WAMN CRWN F_ ADLER bAPOLD D. PIEPER ALLEN F. RENNOT _11CV9N L_ DOMMY WILLIAM L_ 57FUkU3Z MtTC"r,LL E. A.00" TM*Tw " NEUFELD GREGORY W. STEPANIOC14 qOc"ELI-E 8 MWh"ELJENKIN5 WIL61AM a*RWELL QUINN M BARROW CAROL W. LYN04 GnFavnry m KuNERT TP0041AS M. JIMGD acaffal' a QKCCON SAVRE VffAVER STEVENH. KAUFMANN � Wr _ dANS JOHN J. HARRIS KE%qN G. ENNIS ROWN CL K&ARIA w 9aTftbA LAURENCE S. VAENFR STEVEN R. Onek momti. 0. C064NTUON0 B. TILDEN tam SASKJA T. ASAMURA KAYSER O. *VM9 SAULJAFFE PCTCQ W THORSON -FO L_ MARKMAN CRAM3 & STKE6P_ v. L'rCQ DIERCE —Y GREYSON TOWESA C. BUCHWEty- ucIL HARMAN RUBJN D. V40NER WILLIAM P. CURLEV Oil D. ORAAG FOX LYNN 1. 18ARA JANU:r EL COLEMON VeVIENM FL BOGA LISA BOND RQ8SRT M. PrrrMAN rAWANNE M. OtA% MADiffift a MEMA 9OUKA K FLEMING OLPAA WAf-WEN SUAN KANUELVI.Jq- CLARA A. LUBM CHANDRA 004PO SPENCER MATTHEW 0. MITCHEL6 PAULA GV"dfkftCZ aAgZA RUSAN DURM GAMEL FLORES ALEXANDER "Dig JULIA Q KAFPNGR JAWa SHAHBAZ -ADWIrrFD ONLY IN KENTU(XV RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW A PRQI`9-15*10� dORPORAT10H THIRTY-EIGHTH PLOOR 333 SOUTH HopE STREET LOS ANGELES, CALIFORNIA 90071-1499 (213) 626-8464 FACSIMILE (213) 626�0078 & C (ou P) y RICHARD RICNAAW -LAN FRANOSCO OFFICE SUITE 59150 FORTy-FOUR momT=mer& STREET *AN rKAN050D, CALIFORNIA 941 L4151 4214dRA PAQMM-" (41$) 42.1 -Q4e6 ORANGE COUNTY OM(= I CIVIC CENTER 0""e P.0, COM 1090 ORCA. CALIFORNIA 22822-1059 (714) 990,090 1 FACGIMILE 0141 0_02-30 OF COUNSO. mAFkltv L. CERSKON MARK L_ LAMKEN WILLIAM K. KRANCR JIM *- QKAY$ON SO&" I. aARS31 As the.Commission is aware, the above referenced project involves construction of a are currently undevelope& The owners of Lot 52 object to use of the access road to provide ingress and egress to the proposed residence on Lot 54. J, 4- permnent easement across Lot 52 to use ffie access mad. The Trial Court found, and the Court of APPeW affwmed, that Lot 53 had an implied easement over Lot 52 for the purpose of ingress and egress. Planning Commission August 1, 2000 Page 2 Moores v. Walsh (1995) 39 Cal.App.4th 1046, 1049. Slocum v. Roberts, (1997) Notice of Decision, p. 7. 3 Id at p. 9. 4 ]bid Id at pp. 9- 10. Day v. Robison (1955) 131 Cal.App.2d 622. Members of the planning Commission August 1, 2000 Page 3 )TO MIN t1q) 4-114-1- v ro'; 0A 1� I Members of the Planning Commission August 1, 2000 Page 4 117 T 7 U17T. -R, U -St 77 I -T -17777'v -UPTN",17,0111 ITY 3-PUT-7717WITUI the lemon and avocatlo groves thereon except by using the private ;oi. 10 5 NUe & Staff, Cal.Real Estate (2d e& 1989) §15:23, p. 459. I I Slocum v. Roberts, supra at p. 7. 12 Fristoe v. Drapeau (1950) 35 Cal.2d 5. 13 Id at p. 8. 14 Id at p. 7. Members of the Planning Commission August 1, 2000 Page 5 "ffln detennining the intent of the parties as to the extent of the -& MKWE also to such uses as the facts and circumstances show were within the reasonable contemplation of the parties at the time of the "16 conveyance. Applying this rationale to Development Review No, 2000-09, assuming the proposed 11,600 square foot rcsidencecomplies with the applicable zoning codes, it is a use which was within the mamnable contemplation of the parties at the time of the conveyance. Accordingly, if the issue were litigated, we believe that a court would likely find that Lot 54 does have an implied easement (F"ref Ike PkWS 1+11 �Vtx' i&i 6�y- M; t� laor rediea*L ffie burden on Lot 52. ME= Members of the Planning Conunission August 1, 2000 Page 6 For the r== set folth above, it is my opinion Ow the objection by the Roberts #S¥2£<» TVPw"V U -1) Al 'IMM IS2 cc: James DeStefano, Deputy City Manager Ann I Lungu, Associate Planner waw R- RXII August 2, 2000 August 8, 2000 Conditional Use Permit No. 2000-03 A request to operate a Child Day Care Center in conjunction with a Montessori School. Diamond i AP Diamond Bar, L.L.C. 12383 Lewis St., Suite 200 Garden Grove, CA 92840 1861 Paseo La Paz Pomona, CA • _•a The property owner, AP Diamond Bar, L.L.C., and applicant, Diamond Bar Montessori Academy, request approval of Conditional Use Permit No. 2000-03 (pursuant to Code Section 22.42.040 and 22.58) to operate a Child Day Care Center in conjunction with a Montessori School. The combined uses are for children age's 2-11. The project situs address is 23555 Palomino Drive, a suite in the commercial center of Lot 2, Parcel Map 2757, Diamond Bar, CA. This suite was previously used as the Kindercare Day Care Center since 1979 until September 1999. The Applicants propose to reopen a child day care facility with a Montessori School with the former requiring a Conditional Use Permit approval and the latter a Zoning Clearance. They have leased the building site with furniture, equipment, and playground facilities. Per the State of California licensing standards a child day care center requires 35 square feet per child for indoor play space and 75 square feet per child of outdoor play space. Additionally, one toilet and one sink are required for every 15 children. 1 Based on these calculations the building and playground would support 113 students. This does not consider the Fire Department occupancy or the site's requirements with regard to parking. The existing site has an occupancy load of 104 persons per the Los Angeles County Fire Department. The Applicants intend to have a staff of six (6) employees limiting the number of students to 98. The parking requirements for the site is adequate based on the center's hours of operation and are discussed at length in the parking section of the Analysis. The project site is approximately 3.323 gross acres. The existing retail shopping center contains mixed uses of professional office, restaurant with bar, personal care services for hair/nails and a physician, Asian -deli, grocery/meat mini -market and the suite previously occupied by Finder Care used as a day care center. The Sizzler restaurant is also located on the project site, next door to the shopping center. The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a service commercial use and as such is consistent with the General Plan. The zoning designation for the project site is Community Commercial -Billboard Exclusion (C -2 -BE). Generally, the following zones and uses surround the project site: to the north is the SR 57 and SR 60 freeway junction; to the west is the Neighborhood Commercial (C-1) Zone; to the east is the Low Density Residential Zone (R-01-8000); and to the south is the Community Commercial -Billboard Exclusion (C -2 - BE) Zone. The C -2 -BE zoning designation permits the Child Day Care Center with the approval of a Conditional Use Permit. ' � Mllt'1 This application requires Conditional Use Permit approval by the Planning Commission per the City's Development Code, Section 22.42.040, that states a Conditional Use Permit application is required for the specific land use, Child Day Care Center. The use of a school, public or private, specialized education or training, or this Montessori School is permitted and requires a Zoning Clearance before the commencement of any business or land use activity in the C-2 Zone. Pursuant to Development Code Section 22.48.030, permits shall be acted upon concurrently and the highest authority shall make final determination. In this case, the Planning Commission is the highest authority. ® Development Standards The proposed use will occupy an existing structure within an existing shopping center. The applicant has leased the previous school site of 5,000 square feet and is making no interior or exterior tenant 0 improvements. The interior has been cleaned and painted. These are considered minor repair and maintenance items and are allowed by the Development Code. The existing shopping center is a legal -nonconforming structure because it does not meet the current setbacks of the 1998 Development Code. The shopping center was built under the Los Angeles County Code in 1979. The following table describes the site's nonconformity with regard to setbacks. Current City SetbacklDevelopment Standards Front 20 feet (As required for a residential zone abutting a residential zone; none otherwise) Side 10 feet where site abuts a residential zone; none otherwise Rear 10 feet where site abuts a residential zone; none otherwise SetbacklDevelopment Current Site Standards LAC Setbacks Premises shall not exceed 14 feet 90% of the net area to be occupied by buildings 8 feet with a minimum of 10 percent of the net area 105 feet landscaped with a lawn shrubbery, flowers, and/or trees which shall be continuously maintained in good condition. New construction projects will take into account the revised Development Code Standards. however, for those products that were developed legally before the adoption of the 1998 Code, yet do not comply with the current standards their status becomes legal non -conforming. A legal non -conforming structure may continue if there are no changes, expansion, or structural alterations per Development Code Section 22.68.030. In this case there are no changes, expansion or structural alterations to the shopping center or the suite within the shopping center. Therefore the shopping center structure maintains its legal nonconforming status with a conforming use. Though there was a previous use of child day care with the Kinder Care facility approved by Los Angles County, per the City's Development Code a Conditional Use Permit is required because the facility has been closed over 180 days. With regard to the proposed use within the current shopping center, staff has reviewed the project for the land use to its relationship with surrounding uses and zones. As stated in the background, the project site is consistent with the General Plan land use designation of General Commercial (C), for regional, freeway oriented, and/or community service commercial use. Additionally, the use is permitted in the Community Commercial -Billboard Exclusion (C®2 -BE) zone with the review and approval by the Planning Commission of a Conditional Use Permit. Though the site abuts a residential neighborhood, a common occurrence with Community Commercial, staff has received no inquiries about the reopening of the facility after sending notices to all property owners within the 700 -foot radius. The Development Code establishes standards for the City review of child day care facilities, in compliance with State law and in a manner that recognizes the needs of day care operators and at the same time minimizes the effects on surrounding properties. These standards apply in addition to the other applicable 0 provisions of the Development Code regarding parking, noise, etc. as well as requirements imposed by the California Department of Social Services through its facility licensing procedures. For your information staff has included Attachment "C', a State of California publication regarding the licensing of child day care facilities. The following agencies are required to review, approve and/or license this application. The list includes but is not limited to the Los Angeles County Fire Department, the California Department of Social Services (see Attachments "3" and "4"), State Department of Education, and the Los Angeles County Business License Department. Review, approval and licensing are a conditional of approval before opening for business. Additional Development Code Standards include: 1. Fence or wall. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry. 2. Indoor play areas. The facility shall be provided with indoor play areas in compliance with State requirements (Attachment "6", 35 square feet). Separate and clearly defined play and activity areas shall be provided for each age group, including infant, toddler, preschool and school age children. 3. Outdoor play lot. An outdoor play lot of at least 75 square feet of useable area for each child, but not less than 450 square feet in area exclusive of the required front yard setback, shall be provided. The outdoor play lot shall be located in the rear yard. Stationary play equipment shall not be located in front and side yards. 4. Conditional Use Permit approval. Site's Standards: 1. Fence or wall. The fence surrounding the child day care facility is decorative six-foot wrought iron and block wall in the front, side yard, and parts of the rear. The site is irregularly shaped. The rear of the child day care facility is chain link with wood slats and encloses the use. However, this is not the property line of the parcel or shopping center. Therefore, staff does not require the block wall fencing on the property lines within the scope of this project's approval. The site fencing is consistent with the Development Code requirements regarding visibility, controlled entry and setbacks. Some wooden slats in the fencing are missing and it is a condition of approval that these be replaced. 2. Indoor play areas. There are two classrooms for the child day care center use for a total 2,107 square feet provided. The requirement at 35 square feet for the child day care center would be 1,590, so the site is adequate. There are two classrooms for the Montessori School for a total 1,920 square feet required. The requirement for the Montessori School based on 35 square feet requires 1,540 square feet. These classrooms are also in compliance. The State has evaluated the facility and their evaluation report (attached) indicates no cited deficiency. The conditions of approval require the applicant to obtain the State's final approval before opening. 3. Outdoor play lot. There are many areas for play for both the child day care facility and for the Montessori School. The total amount of playground on site is approximately 4,300 square feet. The M State's approval for the child day care facility is for 54 children at 75 square feet requiring 4,050 of playground. The Applicants have approval for 44 additional children to attend the Montessori school. Based on 75 square feet of playground, this use requires 3,300 square feet of playground. Montessori children and the children at the child day care facility will not be sharing the play area at the same time. Also, there is existing stationary play equipment in the enclosed play area in front of the building. Therefore, it is a conditional of approval that these items be portable. 4. This application is for Conditional Use Permit approval. a Hours of OperatiorrNumber of Employees The child day care center and Montessori School will operate from 6:00 a.m. to 6:30 p.m. Monday through Friday. Special event operating hours will be reviewed and approved by the Planning Division. Both are conditions of approval. Parking for this site was evaluated for both the child day care center and Montessori School. The evaluation has taken into consideration this use with the previous approvals of the Asian Deli by the Planning Commission September 14, 1999 and with the physician's office approval by staff earlier this year. Parking for this site is adequate. The school facility is expected to have a maximum six- (6) employees and maximum occupancy is 104 per the Los Angeles County Fire Department. Therefore, the calculation for parking is based on 6 employees and 98 students. The pick-up and drop-off area for this use is in front of the school. The center has 30 -minute green curb markings. The parking limitation should be 15 -minute green curb for the five -(5) spaces in front of the school and is a condition of approval. All employees of the various businesses should park in the rear of the buildings.. It is a condition of approval that the school's employees park in the rear. Other businesses in the center do not open before 8 a.m. so there is no conflict with arriving students. Pursuant to Code, the child day care center and Montessori School require one parking space per each 10 children, plus one for each employee and one space for each vehicle used in conjunction with the use. There is also a pick-up/drop-off area required. There is no vehicle used in conjunction with the use (i.e. for pick-up of children off-site). As a result, a minimum of 16 parking places is required A physical count of the number of parking spaces indicates there are 114 total parking spaces. This count includes the parking spaces for the Sizzler restaurant. It is estimated the Sizzler and shopping center should provide a total of 120 parking spaces. However, the existing shopping center currently provides parking for a variety of land uses, which have varying peak hours of operation (see Attachment "Y'). It is not anticipated the neighboring tenants will utilize the parking lot at the same time. Moreover, the existing shopping center contains three professional offices that are not anticipated to have high peak hours during the early morning or early evening drop off and pick up times. The existing shopping center also contains a hair and nail personal service that is not anticipated to have high peak hours during the afternoon and will not operate after 6:00 p.m. The Asian Deli restaurant utilizes the parking lot during the lunch and dinner hour. Therefore, there is a sufficient number of parking spaces for the existing businesses and the proposed Conditional Use Permit for the child day care facility and school. However, the decrease of the required number of parking spaces requires approval of a Minor Variance. The above findings would support a Minor Variance application that may allow up to a maximum decrease of 20% or 24 spaces. In this case only 6 spaces are needed. Parking lot lighting is existing and requirements were met with the Planning Commission's Development Review No. 99-7 approval in September 1999. Additionally, the Diamond Par's Building and Safety Division has reviewed the subject plans and found the submitted plans in conformance with Building and Safety requirements. A site visit indicates the parking lot is in good condition. The driveway approaches are also in good condition. Therefore, the applicant shall not be required to re -surface, re -stripe, and/or repair the parking lot and driveway approaches. However, there is trash and debris at the rear of the center. It is a condition of approval that the owner cleans and maintains the site so that it is free of debris. ® Landscaping The project site contains existing landscaping. A site visit indicates that the landscaping is in a reasonably good condition. The plants are green and free of weeds. Therefore, the applicant shall not be required to provide additional landscape improvements as part of this project's conditions of approval. ® Signage Signage is not a part of this application. Proposed signage will be reviewed at a later date by staff. The Public Works Division and the Building and Safety Division reviewed this project. The Building Official has reviewed the subject plans and found that the submitted plans already conform to building standards. Their comments are included in both the report and the conditions of approval. Additionally, a condition has been added to the resolution of approval regarding operational standards and to ensure compliance with all conditions of approval and applicable codes. Basically, the Conditional Use Permit is subject to periodical review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added. rl- y iWRf, q ,:, On July 25, 2000, 264 property owners within a 700 -feet radius of the project site were notified by mail. On July 28, 2000, this item was advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the application. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed project is Categorically Exempt pursuant to the guidelinesW the California Environmental Quality Act of 1970 (CEQA), Section 15301. Staff recommends that the Planning Commission approve Conditional Use Permit No. 2000-03, Findings of Fact, and conditions of approval, as listed within the attached resolution. 1. The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code 2. The proposed use is consistent with the General Plan and any applicable specific plan. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. 5. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 1 L Prepared by: Linda Kay Smith Development Services Assistant 0 NUMMUMMI 1. Draft Resolution of Approval; 2. Application; 3. Los Angeles County Fire Department approval; 4. State of California Health and Welfare Agency Facility Evaluation Report; 5. List of Businesses and hours of operation for shopping center; 6. State of CA: Facts about Licenses for Child Day Care Facilities; 7. Site photos and key diagram; 8. Exhibit "A" ® site plan, floor plan, elevations, dated August 8, 2000. D:WORD-LINDA\PLANCOMM\PROJECTS\CUP 2000-03 23555 Palomino/REP CUP 2000-03... 0 W 0 PLANNING COMMISSION SOLUTION NO. 2000 -XX i property1. The :• Diamond applicant, Diamond Bar Montessori Academy, have filed an application for Conditional Use Permit 2000-03 for a property located at 23555 Palomino Drive, Diamond Bar, Los Angeles County, California as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Categorical Exemption shall be referred to as the "Application". 111 264 property owners within a 700 -foot radius of the project site were notified by mail. On July 28, 111 notification of public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of - application. 3. On August 8, 2000, the Planning Commission of the City of Diamond Har conducted a duly noticed public hearing on the Application. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Dar as follows: 1. - Planning Commissionhereby- all of - set forthRecitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and 11 guidelines promulgated thereunder. This is pursuant to Section 15301 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. CThe Planning Commission hereby•_finds and includingdetermines that, having considered the record as a whole the findings set f. _ below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set fort in t e 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. • • • Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 23555 Palomino Drive (Lot 2, Parcel Map 2757), Diamond Bar, CA, a suite within an existing commercial shopping center with mixed uses of community retail and service. ^ project - is 3.323 acres. (b) The General Plan Land Use designation of General Commercial (C). The project site is zoned Community Commercial -Billboard Exclusion (C -2 -BE). (c) Generally, the following zones and uses surround tht project site: to the north is the SR 57 and SR 60 freeway junction; to the west is the Neighborhood • - • - to the east is the .1. Density Residential Zone (R-01-8000); and to the south is the Community Commercial -Billboard Exclusi• _ -._ • ^. (d) The application is a request to operate a child day care center in conjunction with a Montessori school in an existing shopping center for a maximum occupancy of 104. (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 this Development Code and the •. .. K H Pursuant to Table 2-6, Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts, of the Development Code, a child day care center is permitted in the C -2 -EE Zone with the review and approval of a Conditional Use Permit. The Montessori School is permitted with a Zoning Clearance. As conditioned, the proposed uses will comply with all other applicable provisions of the Development Code and Municipal Code. The proposed use is consistent with the General Plan • any applicable specific plan. The project site has a General• Commercialdesignation of General Pursuant tthe • General use designatio, communityprovides for regional, freeway oriented, and/o - and service commercial consistentproposed project is * considered a service commerci use and as such is - Gener Plan. As there is no change to the site's exteri configuration/ - -architectur styl_ construction materialsand colors consistent• compatible with the surroundiapplicable elements • commercial sites. Therefore, the design and layo of the proposed project is consistent with t of - City's General Plan. Additionally, a specific plan does not exist f the project site. (g) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed uses are within an existing legal non conforming commercial center process by Los Angele County in 1979 that does not meet the curren Development C•• -s setback requirements.- - existingno changes, expansion, or structural alterations to this legal non -conforming - existing site of the proposed project is within t - Community Commercial - Bil••._• Exclusion Zone ^ permits a child • - center the approval of • • . _Us - Permit Clearance. • are conforming uses. There is change to the site's exterior configuration, a the current site is adequate in size and shape 9 accommodate the yards, walls, fences, parkin t��4�1loading facilities, landscaping and development features prescribed in the Code, or as required in order to integrate said use with the uses in the surrounding area. The site's existing architecture, construction materials, and colors are consistent and compatible with the surrounding commercial sites. Since the proposed project affects the re -opening of a child day care center and school, and have received the approval of the Los Angeles County Hire Department and State of California, Health and Welfare Agency, the operating characteristics will be compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use Permit including(h) The subject site is physically suitable for the type and density/intensity of use being proposed ^ provisions of compatibility adjoining • uses, and the Grantingabsence of physical constraints. As referenced in Item (h.) above, the proposed project involves the re -opening of a child day care center and school. Though the current Development Code requires a Conditional Use Permit review and approval, the re -opening of the use does not alter the physical appearance of the structure or the commercial center in which the use is located. Although this is an existing development, the proposed project would be permitted with the appropriate approvals. Access for the site is existing and is adequate. Utilities are existing and are adequate to serve the proposed use. the Conditionale not be detrimental to the public interest, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity r • zoning districtsproperty .••^. located. State of • r Health and Welfare Agency, Los Angeles County Fire Department and City Building and Safety inspections and approvals are requiret for the use of child day care even though this is an existing facility needing no construction ic,;ermits. The inspections and appropriate licenses and operational conditions listed within this resolution will ensure that the facility will not V be detrimental to the public interest, healMY, safety, convenience, or welfare, of the City. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposel project is Categorically Exempt pursuant to th guidelines of the California Environmental Qualit Act of 1970 (CEQA), •: 15301. (k) The proposed project will be in substantial compliance with the adopted Economic Revitalization Area. The proposed project is loc_ e• within the Economi Revitalization Area. The proposed project i consistent with the Economic Revitalization Are Plan in that the proposed project implements t applicable policies as present in the City' General Plan • complies with development and standards established by the City's Developme Code; and promotes the economic development of t Project Area by providing an attractive, wel serviced, well protected envir• -for al residents and visitors; and promotes local jo opportunities. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: ka) The project shall substantially•• • site plan, floor plans, and elevations collectively labeled as Exhibitdated August 1t• . submitted and as amended (b) The shopping center site shall be cleaned and maintained in a condition that is free of debris both during and after the implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, 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 • • • waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor i J utilized has obtained permits from the Diamond Dar to provide such services. (c) Applicants shall be required to designate the five - (5) parking spaces in front of the school as 15 - minute with green curb. (d) Applicant shall obtain a Minor Variance for the decrease in the number of required off-street parking spaces. (e) Employees of the shopping center and school.shc-ill utilize parking in the rear of the shopping center. (f) Regular hours of operation shall be limited to between 6:00 a.m. and 6:30 p.m. Monday through Friday. Special event operating hours shall be reviewed and approved by the Planning Division. (g) The two uses, Montessori School and Child Day Care Center, shall not use the outdoor play area at the same time. (h) Applicant shall replace missing wooden slats in the rear fencing and gate. (i) Play equipment in the front outdoor play area shall be portable. (j) The Applicant shall comply with the requirements of the State Department of Social Services, State Department of Education, Fire Department, Los Angeles County Business License Department, Los Angeles County Health Department, and City Planning, Building and Safety, and Public Works Divisions. The Applicant shall be in compliance with all requirements of said agencies at all times and receive all approvals and licenses prior to opening for students. (k) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodical review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added. (1) 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 A may be approved when submitted to the City -,n 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 Dar Development Code. (m) This grant shall not be effective for any purpose until the permittee and owner of the property involved other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community Development S- Department, -affidavit stating that they are aware and agree to accept all the conditions of this grant. Furt- • - nt shall not be effective until the permittee pays remaining City processing f - Department of Fish and Game determines remitFish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall - days of this grant's approval, - 00 for documentaryhandling fee in connection and Game Code requirements.Furthermore, project is not exempt from a filing fee imposed because the project has _ impactand wildlife, the applicant als• pay to the Department of - any such fee and any fine which the Department de -. - •- - . be owed. The Planning Commission shall: Certifyadoption Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by - -. mail to A- Diamond Bar, L.L.C., 12383 Lewis St., Suite 11 Garden Grove, CA • `41 and Diamond Bar MontessoriAcademy,:• Paseo La Paz, Pomona, CA 91768. APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2000, BY THE PLANNING COMMISSIONOF THE OF DIAMOND t M Steve Nelson, Chairman U �Z' I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 8th day of August, 2000, by the following vote: James DeStefano, Secretary D:WORD-LINDA/PLANCOMM/PROJECTS/CUP 2000-03 23555 PALOMINO/RESO D.* CffY OF DIAMOND DEPARTMENT OF, V; - COMMUNITY& DEVEL{fir PM[ENT SERVICES- Plinning DiviNon 21660 E. Copley Drive Suite 190, Diamond Bar, CA 91765 1 (909)396-5676 Fax (9oJWi-3C0 23 P 2 :1 Fax (7 ) 740-8801 phone(9) A69-5991 Fax ( 9) 469-5994 1 :Ew � Fax ( ) (Last name first) NOTE: It is the applicant's responsibility to notify the City in writing of any change of *the principals involved during the processing of this case. l(Attach separate sheet, if necessary, incluling names, addresses, and signatures of members of pwtncnWps, joint ventures, and &rectors of corporations.) Consent- I cerfify that I am the mmer of the herein (All record owners) ed prop and permit the applicant1ofile this requeit Date V 0 Certy-wation: I, the undersigned, hereby certify under penalty ofperjury that the informa adon her provided is correct to the best of my knowledge. 01=2 City of Diamond Bar for Care Services. m TIF_�r ;� stantiate to the satisfaction of the Plaanim Commission, the following facts: (answers must be full & complete) C. That the proposed site is adequately served: -KEWFU MWITATIT,=,I I A P traffic such use would generate, and 2. By oiber public or private service facilities as are requiredL The site is e.to parking be.ing limited to daily drop'off's and pick upts and that,.. 'we will only employee up to 10 people 'the parking to employee ratio isjow. We . also do not anticipate heavy trtick traffic at all. FEi': 'i --. Non-residential: n/a n/a n/a Sq. ft. ama No. of Bldgs.. Occupant Load,*,- Parkin7g: 110 105 0 Total Standard Compact Landscaping: Sq. feet 5 Handicap health clubs, theaters, etc. LEGAL DESCRIPTION (all ownership comprising the proposed lot(s)/parcel(s) The Abbey Co., L.L.C. Project Applicant (CK, -mer): Tige Licato NANIE 1861 Paseo La Paz ADDRESS Poinona Ca. 91768 4A "IfIrMON (to be completed by applicant) NAME 2. Street location of project: 23555 Palimino Dr. 3. Present use of site: CurrentlLjj vacant Kinder Care Learning Center. 4. Previous use of site or structms: . Day care facility operated by Kinder Care Learning Center. 5. Project Description a. Site Size (total area) 13,130'Square Feet b. Square Footage (covered by structures, paving re Feet C. Number of floors of construction d. Amount of off-streetparking provided C. Landscaping, open space 2.i000 Square Feet f. Propose scheduling Occupancy by August 1 9. Associated projects None I Anticipated incremental development None � ��#-' -��M ' i. If residential, include the number of units, schedule of unit sizes (range of sale prices or rents and type of household size expected) N/A W, tA, C -v ne4hborhoP�t-QitLotre_"oDa nted. square foota or -RIM " O"M IMF loading facilities. NIA k. If NSA ustrial, indicate type, estimated employment per sW and loading facilities If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the projea Our function care and pre-scholl through 5 grade educati( oith a minimum of 10 emplovees. We strive to provide a top quality education to the Diamond Bag comunIX S. g t,.y 2nd surrovnding comunitie in. If the project involves es a variance, con tion use or rezoning application, state this and indicate clearly why the application is required. Previous Tenent Kinder Caretheir C.U.P. prior to The City of DiamonBar inc 6. Please list all previous cases (if any) Mlated to this project: No known previous case's. List related permit/approvals required- Specify type and granting agency. 1) Dept. of Social Services for. _Mrat liscen Diamond Bar Fire Dept. for safety an fire. check, 4) L'-A._CaUnty_aU&JW,5Dent for Buss Lis c en s e. 5) L.A. County Health Dept. for occupancy permit. 8. Are you planning futm phases of this project? Y N x If yes, explain: I 9. Present zoning: cZ.LPE 10. Water and sewer service: Domestic Public Water Sewers Does service exist at site? Y_.& N_ Y— N— If yes, do purveyors have capacity to meet demand of project —and all other approved projects? Y X W— Y— N I If domestic water or public sewers am not available, how will the . scrvicesbepro%ided? N/A 11. Residential Projects: a. Number and type of units: N/A b. Floor area of each unit: N/A C. Number of floors N/A a. Distance tomearest residential use or sensitive use (school, hospital, etc.)- Adjacent to Res idntial by 10' b. Number and floor area of buil&gs: and-�000�Sauare Feet 4 0 C. Number of employees and sbifts: - PK mnlovee's and I shift. A Maximum employees per shift: F louse's C. Operating hours: f. Community benefit to be derived from project: education and day care services to Diamond Bar children® If yes, explain � - - ' - i Dwyour operations require any pressurized tanks? YES NO_x�� If yes, explain If yes, explain Associated Projects Anticipated incremental 18. If ins6tutional, indicate the major function, estimated employment per sMft, estimated occupancy, loading facilities, and community benefits to be derived from the project. . . ' Provide DaV care and pre-school through 5 grade edu,cation with a maximum of JIM strive to provide top quality ,empjUee's.and an occupancy of 0 students. We kWul Study Jun -27-00 09:59A Tlt�C- FIRE- SAFM INSPWMN REQUEST IMMMU "Awl, F -I rm COMM ME DBVT NAW AND 7723 S. AV7.. CA 906oz L STATE OF CALIFORNIA - HEALTH AND WELFARE AGENCY DEPARTMENT OF SOCIAL SERVICES COMMUNFrY CARE LICENSING DO NAME: L. A.CHILD CARE EAST NAME OF SUPERVISOR: BROWN, GEORGIA TELEPHONE: (323 ) 981-33 ADDRESS: 1000 CORPORATE CTR DR. CITY: MONTEREY PARK STATE:CA ZIP CODE: 91754 FACILITY NUMBER: 19805034 FACILITY NAME: DIAMOND BAR MONTESSORI ACADEMY DIRECTOR: KIMBERLY til! -a FACILITY TYPE: DAY CARE CENTER ADDRESS; 23556 PALOMINO DR., SUITE A TELEPHONE: (009) 3W-.8747 CITY: DIAMOND BAR STATE:CA ZIP CODE: 91765 -7 Wri 0,; - I a Oil 01 '51 9 T47CIM11 1 1 -Nffo L 1 "W66 to A1,11K-fT� Ocnool amiuren use as weil as Tor presenool Children 4 YORM of age and older and they need to be under constant adult supervision while using this piece of outdoor play equipment All the licensing notices were posted on a board in the front area of this building. There are first aid supplies on the premises. The water temperature has to be checked regularly to make sure that it is below 120 degree F. The side gate in the yard needs to be locked at all times while the children are in care. The final review of this application packet will be made and all the documents approved prior to licensure.. The following items are needed before a license will be issued: A picture of the scooters and bikes after they are assembled. The waiver for the time sharing of the outdoor space between the 2 programs will be reviewed by the licensing program management staff and an approval is required. This center will be licensed fbr 54 preschool children from age 2 until entry Into first grade In ROOM I AND ROOM 2 only. An eyjt interview was conducted with Christina Licato and Kimberly Toothman. WO-W.A.-MITC-A-M-T Iff TELEPHONE: (323 ) 981-3350 111 WE & rr/trfeA_/ 1/ (.1;7, ­ ITER171,171JETI =Mg Sizzler Restaurant ------ 23525 Palomino Dr. Sun.-Thurs. 11am-9pm fri&Sat:__ llam-9:30pm Furstenburg Realty 23545-4 Palomino Dr. III1IRM-1169-1 WN -1 -IM Pacific Cal Mortgage 23545-13 Palomino Dr. 8am-6pm •.._&._._...0 �Sat Closed Vito's Bar ,�2 3545-D Palomino Dr. �1:23545-E Palomind Dr. 2 3545-F Palomino Dr. ;23545-G Palomino Dr. OrIL--kam" .1 LI 1- 6 f! Dr. Offi e Palomino Dr. Mon. -Fri. 8 zi_m_-6_ prn 1 545-1 Palomino Dr. Sun. -Sat.: 10:30am-8:30p Mon. -Fri.: 6am-6:30pm .;'. i'r 1r' �: � i - �- i FACTS YOU NEED TO KNOW TO E A LICENSED PROVIDERO: CHILD DAY AR_ GENERAL REQUIREMENTS 1. FACTS ABOUT A LICENSE 2. ADMINISTRATIVE REQUIREMEN �-3. FACILITY, LOCATIONAND PHYSICAL ENVIRONMENT 4. SERVICES 5. ADDITIONAL RESOURCES 6. ROLE OF THE LICENSING AGENCY OTHER CHILD DA. CARE CENTERS .m_ FAMILY DAY CARE HOMES COMMUNITY CARE LICENSING OFFICES - Locations & Phone Nos. 1 The Community Care Licensing Divon of the California Department of Social Services oversees the licensing of all child day care facilities in California. These facilities provide nonmedical care and supervi- sion to children up to 18 years old for less than 24 hours a day. �M 111111111111111 111111piliq III 11111��llillililljllll!!Illlll!I provides nonmedical care and supervision to infants, toddlers, preschoolers and/or school- age children for periods of less than 24 hours. These centers are usually in commercial build- ings. A FAMILY DAY CARE (FDC) HOME is operat- ed in the licensee's own home and provides nonmedical care and supervision to 12 or fewer children in a homelike environment for less than 24 hours. The purpose of the following information is to providA prospective applicants with a summary of the applica- tion process licensing requirements. Our intent is to assist you in deciding which orientation session you should attend based upon your specific interest. For more comprehensive information, please refer to Title 22, California Code of Regulations (CCR), Division 12, for CDCCs and FDC homes. Copies of the regulations may be purchased from: Barclays Law Publishers P.O. Box 60000 San Francisco, CA 94160-2021 Any person, partnership or corporation must obtain a license before providing care and supervision to chil- dren, with the exception of an individual caring for the children of one unrelated family in his or her home. A person can be convicted of a misdemeanor for operat- ing without a license. Also, operating without a license may result in a person having to pay civil penalties of $200 per day for illegal operation. Licenses are nontransferable. If a person transfers or sells a facility to another individual, partnership or corporation, the new owner must apply for and obtain a new license before commencing operation. A license is not granted automatically; all licensing requirements must be met prior to the issuance of a license. There is an annual fee required to apply for and main- tain a CDCC or FDC home license. Prior to the issuance of a license, all applicants mus; attend an orientation session about the application process and licensing requirements. A Criminal Record Clearance is required of all appli- cants and directors before a license is issued. In order to obtain a clearance, fingerprint cards must be sub- mitted by the applicant/licensee directly to the Department of Justice (DOJ). A criminal record clear- ance must be secured from the DOJ and/or the Federal Bureau of Investigation to determine whether the applicant has ever been convicted of a crime. Additionally, adults who will be providing direct care and supervision to children and any other adults who reside in the facility, must have their fingerprints processed in the same manner. There is a fee to obtain this clearance. K A Child Abuse Index Check is required on all individuals in the facility who provide care and supervision to children or have frequent contact with children. The child abuse index check is to determine if any reports of suspected child abuse have ever been lodgedc against an individual. It is secured in the same manner as the criminal record clearance. Effective January 1, 1993, DOJ is authorized by law to charge a fee to employees, licensees and applicants who must secure a child abuse index check. The applicant must have sufficient financial resources maintain the standard of services provided in a CDC Submon of financial reports, such as an estimat 11 operating budget, is required by the licensing agenc Credit checks may be obtained when evaluating a financi plan. The applicant must have the ability, to understand and comply with the licensing requirements under Title 22, CCR, pertaining to Division 12, CDCCs or FDC homes. A site (building or home where care is tobe provided) must be obtained before applying for a license. Tht licensee/ applicant must have control of the property to be used (verified by a lease, rental agreement, escrow papers or Deed of Trust) and be able to ensure that the facilities and grounds are maintained and are in compliance with the regulations. Before a license is issued, a fire clearance is required for all CDCCs and for FDC homes with more than six children. n The licensee is responsible for ensuring that all necessary care and supervision is provided to all children accepted into the licensed facility. Meals and snacks are required to be available to childre attending the facility. These meals must meet the requir ments concerning the four basic food groups establishe by the U.S. Department of Agriculture Food Plan. Mea and snacks may also be provided by parents. If the facility chooses to handle medications, children mu be provided assistance with prescribed and non -prescribe medications in accordance with federal and state law. All personal rights of all children shall be observed; the u of corporal punishment is not permitted. I Before applying for a license, you may wish to contact t following community resources for additional informati and to identify the need for child day care facilities in yo area: I (b) Local child care advocate (c) Child care provider associations After a license is issued, the licensing agency has thi-V authority to make unannounced visits and/or inspections to any facility to ensure continual compliance with all licensing regulations. Noncompliance may result in levies of civil penalties of $50 per day for CDCCs and $25 per day for FDC homes for deficiencies not corrected by a specified date. Additionally, for CDCCs, fines may be increased for repeated deficiencies. R I JAI In addition to the requirements listed in Section A, the following requirements are specific to: CDCCs must have qualified directors who are at least 18 years of age, as well as qualified teaching staff. Requirements for directors and teachers include 12 units in early childhood edu- cation, plus --for the director --three units in administration or staff relations. In addition, all staff must have verifiable expe- rience working in a licensed CDCC or comparable group set- ting. Education must be verified by a certificate, transcript and/or credential from an accredited college or university; and experience must be verified by an original signed letter from the director of a licensed CDCC or comparable facility. Licensed capacity is determined by the total indoor and out- door square footage and by the number, of available toilets/sinks. For example, requirements include 35 square feet per child of indoor play space and 75 square feet per child of outdoor play space; and one toilet and one sink for every 15 ciciliixe.-c. Age-appropriate tables, chairs., play equipment and materials must be provided for all children. A variety of daily planned activities must be provided. These activities shall be designed to meet the needs of the children in care, and shall include, but not be limited to, quiet and active play, rest and relaxation, and toilet training. The applicant may be obligated to meet other state, federal, and/or local codes and regulations that are not enforced by this agency, such as zoning, building restrictions, fire, sanita- tion and labor requirements. MO ® A license may be obtained for a capacity of six or 12 children. A provider licensed for 12 children must have at least one year of qualifying experience working with children and an assis- tant provider who is 14 years of age or older. A home licensed for six can accommodate only four infants under the age of two --or six children, three of whom may be infants. When providing care for seven to 12 children, only four may be infants. • All children under the age of 10 who live in the home shall be counted in the licensed capacity, including the children of the licensee and the assistant provider. • All assistant provider's children up to the age of 12 who do not live in the home shall be counted in the licensed capacity. • A current tuberculosis clearance is required for all adults residing in the home or present in the home during the time that children are in care. • All FDC homes shall contain a smoke detector and fire extin- guisher. Those licensed for seven to 12 children must obtain a fire clearance. All swimming pools or any other bodies of water must be made inaccessible to children by the use of a five-foot fence or a cover that is strong enough to support the weight of an adult. a To be scheduled for an orientation, please contact the nearest licensing dis- trict office listed below. �, �O- _ I 411 • Sacramento,8745 Folsom Blvd. Suite 130 :..: 229-4500 1 Cohasset Road, Suite} .i 95926 1. RESIDENTIAL Sacramento CA 95825 +571-2346 Sacramento, CA 95826 (9 16) 229-4530 Rosa,Santa ; +:,1 1 _ 576-2210 Fresno,170 E. Shaw Avenue, Suite 330 93710 (20 9) 445-5691 V01 TraegerAve.- San • CA94066 w 266-8860 060 S. Hope Avenue, Suite C-105 Santa Barbara, ' 93105 1 682-7647 [tell' al`F 51 5' •. •,Street, • Emeryville, Ca 9461: :1 ^•— `!1 Bruno,San CA .,1. j-266-8843 Traeger851 Avenue San Bruno, Ca 94066 A,1 266-8800 Jose,San r0277-1286 SOUTHERN REGIONAL DISTRI OFFICE ERESIDENTIAL I 597 • _ Suite 324 12555 Jefferson Blvd., Suite 280 Carlsbad, CA 92008 Los Angeles, CA 90066 •. ./ 682-7647 SAN DIEGO DISTRICT- RESEDENTIAL EASTERN VALLEYS 8745 Aero Drive, Suite 200 9650 Flair Drive., #150 San Diego, CA El Monte, CA 91731 • s' 467-2367 a ' i 450-6202 SAN n OFFICE- RESIDENTIAL CIULD CARE NORTHERN VALLEYS 50 D Street, Room 230 21731 Ventura Blvd., Suite 250 Santa Rosa, CA 95404 Woodland Hills, CA 91364 576-2210 (818) 596-4334 INLAND EMPIORE OFFICE- L.A=.=RESIDENTIAL WEST RESIDENTIAL 3737 Main Street, Suite 61 6167 Bristol Parkway,1 Riverside, CA 92501 Culver City, CA 90230 (909) 782-4207 (310) 568-01807 ORANGE R.' CHILD CARE CHILD CARE 1 The City Drive,Z 1 Hannurn Avenue Orange, CA 92668 Culver City, CA 90230 4 703-2800 1337-4333 ORANGE COUNTY-RESEDENTIAL L.A. 770 The City Drive, Suite 7100 9660 Flair Drive, #200 #range, CA 92668 El Monte, CA 91731 1714) i4! i _ %e 66." CC CDSS doom CALIFORNIA DEPARTMENT OF SOCIAL SERVICES PUB 199 (10/96) STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES COMMUNITY CARE LICENSING DIVISION RECORDS TO BE MAINTAINED AT THE FACILITY - CHILD CARE CENTERS, INFANT CENTERS, SCHOOL-AGE CENTERS AND CHILD CARE CENTERS FOR MILDLY ILL CHILDREN THE FOLLOWING INFORMATION, which is reguired u W -Ir lWiR61 if A. Identification and Emergency Information - Child Care Centers (LIC 700). R. Child's Preadmission Health History - Parents' Report (LIC 702). C. Child's Preadmission Health Evaluation if not enrolled in a public or private elementary school - Physician's Report (LIC 701). D. Consent for Medical Treatment (LIC 627). E. Written statement from parent(s) or authorized representative exempting child from medical assessment, immunizations, and treatment because of adherence to a religious faith that practices healing by prayer or other spiritual means; or physician's statement that immunization is not indicated. E1. California School Immunization Records ("blue cards", PM 286) for non -school-age children. F. Current Admission Agreement, with authorized signature(s). G. Centrally Stored Medication and Destruction Record (LIC 622), if medications are handled. H. Document of unusual behavior or signs of illness. 1. Unusual Incident/injury Report (LIC 624). J. Signed and dated receipt of Notification of Parents' Rights (LIC 995). K. Child Care Facility Roster (LIC 9040). L. Infant needs and services plan (for infant centers). M. Toilet -training plan (for infant centers). N. Infant -feeding plan (for infant centers). O. Personal Rights — Community Care Facilities, Child Care Facilities (LIC 613) receipts, signed and dated. P. Authorizations for dispensing medication, signed by each child's authorized representative. Q. Documentation required for health-related services (e.g., blood -glucose monitoring and nebulizer care). 11. Personnel Records for Licensee, Director, Assistant Director, Teachers, Teacher's Aides, Support Staff, and Volunteers, if Appropriate. Documentation should be consistent with the LIC 500 and the LIS 555. A. Health Screening Report - Facility Personnel (LIC 503) and T13 Clearance. S. T13 Clearance and "Good Health" statement from volunteers. C. Personnel Record (LIC 501) or application/resume. D. Evaluation of Director Qualifications (LIC 9096). E. Evaluation of Teacher Qualifications (LIC 9095). F. For each aide under age 18, verification of high school graduation or current participation in an occupational program conducted by an accredited high school or college. G. For each infant center aide, verification of graduation from high school or equivalent education or be enrolled in course leading to graduation or have skills development potential; have experience in caring for children; verification of on-the-job training. H. Personnel Report (LIC 500) showing current roster. I. Licensee affidavit regarding persons exempt from fingerprint requirements (use back of LIC 500). J. Criminal Record Statement (LIC 508) for staff subject to fingerprint requirements. A. Fingerprint clearances or record of submission. K. Appropriate driver's license for person(s) transporting children. L. Documentation of actual hours worked (LIC 507). M. Pediatric CPR/first aid cards for designated staff. At least one director or teacher must have the full 15 hours of health and safety training. (However, at child care centers for mildly ill children, the director and each fully qualified teacher must have the full 15 hours of health and safety training.) N. Valid water safety certificate for any adult given water -activity staffing responsibility. O. Notice of Employee Rights (LIC 9052). R Statement Acknowledging Requirement to Report Suspected Child Abuse (LIC 9108). Q. Record of submission of Child Abuse Index Checks if not on LIS 555. R. Appropriate transcripts. LIC 311A (4/00) Public III. Administrative Records A. Daily attendance record. B. Written inspection procedures for accepting children on a daily basis. C. Sign-in/sign-out sheets kept for current 30 days. D. Admission policies, including admission criteria, ages of children who will be accepted; medical assessment requirements; program activities, supplemental services, if any; field trip provisions, transportation arrangements, food service, if any. E. Financial records including income and expenditures. F. Designation of Administrative Responsibility (LIC 308). G. Emergency Disaster Plan (LIC 610) (a posting requirement; see below) with verification that disaster drills are conducted every six months. Documentation of drills shall be maintained for at least one year. H. Up-to-date list of qualified teacher substitutes. I. Documentation of exceptions and waivers (LIC 956/LIC 971). J. Annual licensing reports and substantiated complaints from the last three years (must be available at the center for public review). IV Documents to be posted at the Facility A. Facility license. B. Personal Rights form (LIC 613A). C. Menus. D. Child passenger restraint system poster. E. Notification of Parents' Rights form (LIC 995). F. Emergency Disaster Plan (LIC 610) and Earthquake Preparedness Checklist (LIC 9148). STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES This checklist provides parents with a list of suggested questions to ask their child care provider to ensure that the home where care is to be provided is a safe and healthy place for their child(ren). This does not include all situations that may be hazardous to your child. The checklist is a supplement to the Health & Safety Self -Certification form, CCP 4, which is completed by you and your provider. There is no legal requirement for your provider to meet the health and safety items on this form. If your provider does not meet one or more of the items on this checklist and is not willing to correct the problem(s), you may want to find another provider. If you need assistance, ask your worker or local Child Care Resource and Referral Agency. Please review this list with your provider in the home where care is to be provided. r r�yc� ❑ ❑ Are there safety covers on all electrical outlets? ❑ ❑ Is tap water 120 degrees Fahrenheit or less? Are radiators, pipes, fireplaces, wood burning stoves and other hot surfaces covered to prevent children from being burned? ❑ ❑ Are safety covers on any fans small enough to keep small fingers out? ❑ ❑ Do all drawers and cabinets with dangerous/poisonous items have childproof safety latches? ❑ ❑ Are windows secured so they cannot be opened more than six inches? ❑ ❑ Is the child care setting free of lead, toxic or peeling paint? ❑ ❑ If door can be locked from inside, is the bolt either taped open, removed, or a key placed outside the room? ❑ ❑ If you use a toy chest, have you removed the lid or installed air holes and a slow -closing latch? ❑ ❑ Is the provider aware of the need to wash their hands before handling food, after each visit to the bathroom or after changing a child's diaper? Yes No ❑ ❑ Are hallways and stairs free of objects that could cause a fall? ❑ ❑ Is there a gate on stairways? ❑ ❑ Does the gate have small enough openings to prevent a child's head from getting stuck? :ice T ❑ ❑ Are knives, other sharp objects and dangerous appliances kept out of children's reach? ❑ ❑ Are pot handles always turned toward the back of the stove? ❑ ❑ Are cleaning materials and other toxic supplies kept in a secure place out of the reach of children? ❑ ❑ Is trash stored away from food preparation and storage areas? 11^ ❑ ❑ Are all medicines kept out of the reach of children in cabinets with childproof latches? ❑ ❑ Are toilet seats kept down? ❑ ❑ Are electrical equipment, hair dryers, shavers, curling irons, etc. kept away from water and out of the reach of children? 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Class Roo. r , •p-0 Ent Rerepbon 0 Exit Exit Exit Exit Exlt ,W^^ LLt�dt llpJ•� �Y Play Yard Shown For Reference Only Yord Di-1111-. Are Pppra—te Child Care Facility 2355 Pata. Suite A, Ola.and Bar, CAOfarnia 4882.7135 U.S.F. ua•=1• a� cler a�ner t 4983 m-4a4 Ana--bun �} LeveL One Rartn T.P. Design PC. Bp 20903 Riverside, CP. 92506 <714) 276-1740 xF N .. WI� I 9NIlSix-] va olilf C i 7 U u xF N .. WI� 9N/lSik� I 9NIlSix-] i, C i 7 U u 9N/lSik� I 9NIlSix-] i, � �w DiamondCity of Bar :!LANNING COMMISSION I Staff Report MW Administrative No. 2000-07 and 05. Development Review Variance No. 2000- • construct a two story single family residence of •• oximately 9,692 square^` •" storytwo (2) two -car garages and second decks. The request also includes a lap pool with spa, pond with waterfall, • pavilion. The Variance is requested for proposed crib walls that reach a maximum height of •• •feet. 2001 Derringer Lane (Lot 73, Tract No. 30091) SpringGene Pascual 14326 Crest Drive Chino 91709 Ron Wilson 2658 Del Mar Heights Road #149 Del Mar, CA 92014 The property owner, Gene Pascual and applicant, Ron Wilson, have submitted an application for Administrative Development Review • 2000-07 • Variance No. 2000-05. - project • -• at 001 Derringer Lane (Lot 73 of 11" acres1) within a gated community identified as "The Country Estates". The project site contains 4.51 gross and 3.64 net acres. The project site is rectangular shaped with a rear yard that 1 slopes down -toward the canyon. According to the Tract Map, the project site contains a restricted area and flood hazard area located at the northwest end of the property. However, the County of Los Angeles abandoned the restricted use area dedication on June 7, 1972. Additionally, an easement for slope purposes and ingress/egress is located southern portion of the lot. A ten foot easement for storm drain purposes and six foot easement to the County of Los Angeles for Sanitary Sewer Purposes traverses the southern portion of the lot from the street front of the property to the rear property line. No development is proposed over these easements. The project site is zoned Single Family Residential -Minimum Lot Size 40,000 Square Feet (R-1-40,000). Its General Plan Land Use designation is Rural Residential (RR). Generally, the following • - surround the subject -. • the north, south, east west is the R-1-40,000 Z• The proposed project involves two types of discretionary approvals. An Administrative Development Review application is typically reviewed by the Deputy City Manager. A Variance is typically reviewed by the Planning Commission. Pursuant to Development Code Section 22.48.030, the highest review authority shall be the decision body for all applications. The Development Code also requires that all applications be processed concurrently. In this case, the Planning Commission will review the subject Administrative Development Review and Variance applications concurrently. The purpose of Administrative Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical,•character of process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design.Pursuant • Development required.Code Section 22.48.020, an application for Administrative Development Review is required for residential projects that propose up to three dwelling units (detached or attached) . The proposed residential project involves the construction of one dwelling unit. Therefore, Administrative Development Review is N Development Standards The following is a comparison of the City's required developme standards and the project's proposed development standards: City's Required project's Proposed Development Standards Development Standards 1. Setbacks: 1. Setbacks: front yard - minimum 30, front yard - approximately from property line. 42'6" from property line. side yards - minimum 10' side yards - approximately and 15, from property line 240' and 30, from property line. rear yard - minimum 15, rear yard - approximately from property line. 458' plus from property line. 2 Building Height: 2 stories 2. Building Height: 2 stories maximum 351. maximum 331. 3. Parking: minimum 2 car 3. Parking: one (1) two -car garage garage. that has a 2516" depth and 2316" width and one (1) two -car garage Minimum 20, depth and 10 foot' with a 2116" depth and 21'6" width for each vehicle bay. width. There are a total of 4 car spaces provided. 4. Retaining Walis (includes 4. Crib Walls: maximum 24' 7" crib walls): maximum 61 high. exposed height. All other retaining Walls: maximum 61 exposed height. 5. Accessory Structures: 5. Accessory StruCtureO2 Pavilion - same as required for Pavilion - approximately 340, the main structure. and 50, from the side property lines; approximately 423, from the rear property line. Pool with spa - minimum 51 Pool with spa - 51 plus between edge of water and between edge of water and property line. all property lines. The proposed project's development standards meet the minimum Development Code requirementswith the exception of the proposed crib walls. A more detailed analysis of the crib walls will be included within this report's discussion on the requested Variance. Architectural Features The form, mass, and profile of the single family residence is designed to blend with the natural terrain by placing the building parallel with the contours of the hillside. The proposed single family residence's architectural style is contemporary. It is compatible with the eclectic architectural style of other homes__hin "The Country Estates". Staff feels the proposed single family residence is well designed with a variety of materials and earthtone colors that will also help preserve the natural hillside. The applicant submitted a colors/materials board, which proposes the following materials and colors be utilized: metal cap seam roof - Frazee 8794M - Fired Steel - manufactured by Kovach, Inc.; sheet metal eaves and gutters - Frazee 8795D Magnet; sheet metal overhang finish - Frazee 8796N Black Metal CGI; stucco in 52 '/ color with smooth texture by Expo stucco; window frame wood finish - Frazee Stain M601 by Pella windows; wainscot and/or walls with cultured stone "Pro -fit Ledgerstone (FP -8015) - Autumn color; crib walls - buff/grey with plant materials; and wood stain for exposed framing - M418 Natural Pine/Fir by Frazee. The proposed colors/material board is also compatible with other residences within the area. Additionally, this project has received the approval of "The Country Estates" architectural committee. levelThe lower •. entry foyer, dining .• .• ♦ •breakfast nook, powder room, piano room, laundry room, game room with ba -r- and adjacent powder room, storage closets, mechanical equipment closet and guest bedroom with adjacent bathroom. The lower level is approximately •• squarefeet. 6. Site Coverage: maximum 30 percent. 6. Site Coverage: approximately 23 percent. The proposed project's development standards meet the minimum Development Code requirementswith the exception of the proposed crib walls. A more detailed analysis of the crib walls will be included within this report's discussion on the requested Variance. Architectural Features The form, mass, and profile of the single family residence is designed to blend with the natural terrain by placing the building parallel with the contours of the hillside. The proposed single family residence's architectural style is contemporary. It is compatible with the eclectic architectural style of other homes__hin "The Country Estates". Staff feels the proposed single family residence is well designed with a variety of materials and earthtone colors that will also help preserve the natural hillside. The applicant submitted a colors/materials board, which proposes the following materials and colors be utilized: metal cap seam roof - Frazee 8794M - Fired Steel - manufactured by Kovach, Inc.; sheet metal eaves and gutters - Frazee 8795D Magnet; sheet metal overhang finish - Frazee 8796N Black Metal CGI; stucco in 52 '/ color with smooth texture by Expo stucco; window frame wood finish - Frazee Stain M601 by Pella windows; wainscot and/or walls with cultured stone "Pro -fit Ledgerstone (FP -8015) - Autumn color; crib walls - buff/grey with plant materials; and wood stain for exposed framing - M418 Natural Pine/Fir by Frazee. The proposed colors/material board is also compatible with other residences within the area. Additionally, this project has received the approval of "The Country Estates" architectural committee. levelThe lower •. entry foyer, dining .• .• ♦ •breakfast nook, powder room, piano room, laundry room, game room with ba -r- and adjacent powder room, storage closets, mechanical equipment closet and guest bedroom with adjacent bathroom. The lower level is approximately •• squarefeet. The upper level floor consists of three bedrooms (each with an adjacent bathroom), hallway bridge, master suite with walk -in - closet, master bath, library, play room, office with adjacent bath, and outdoor patio deck. The proposed single family residence consists of an overall smaller scale design when compared to other single family residences in the neighborhood. The height is a maximum of 33 feet when measuring from the highest point of the house to the finished surface. The location of the single family residence allows for large side yard setbacks. The distance from adjacent side lot along with the smaller scale design helps ensure there is no view obstruction. The rear yard of the project site slopes down into the canyon. Therefore, it is not anticipated there will be any view obstruction issues by property owners of adjacent lots. Pursuant to the Development Ca single family residence requires a minimum of two enclosed.- parking spaces. The applicant proposes two (2) two -car garages. Therefore, a total of four enclosed parking spaces will be provided. Parking is also evaluated theEstates"architecturalcommittee in which they have reviewed similar projects to provide one less parking space than the total number of bedrooms. For this project, _ plans- a total of five bedrooms office which may be utilized as a bedroom. In this case, the applicant provides one less parking space than the total number of bedrooms and also provides additional parking available within - proposed . -rneeded. Xa result, residence.seems to be a sufficient amount of parking for the proposed single family Grading/Soils Inf_ •. The applicant submittedpreliminary grading • lan on July 2, 111 for the City's review•approval.- applicant proposes to cut approximately 2,938 cubic yards of dirt and fill approximately 2,479 cubic yards of dirt. According to the applicant's engineer, these are preliminary earthwork quantities and do not include overexcavation, shrinkage and expansion. Although _ preliminaryearthwork quantities • • not reflect this information,- r believes the grading conjunction with a soils analysis will ensure proper grading techniques and an adequately contoured buildable pad. As a part of this project's 9 presentconditions of approval, the applicant shall be required to submit a final grading plan for the City's review and approval. At the - the City is also in receiptof preliminary soils report, which indicates the project site is suitable for the proposed single family residences. The soils condition was preliminarily reviewed to make an environmental determination an• included in Negative Declaration No. 2000-04 for environmental impacts. Staff anticipates the impacts will be less than significant because it was stated in the report that the proposed crib walls will be supported by hard bedrock with favorable geologic conditions. Furthermore, the soils report indicated that compacted fill soils are well compacted for . fill. Prior - • -issuance of any permits, the applicant submit • • of -finalsoils• • - to the Public Works Division for the City's review and approval. Drainage Pursuant to Section 22.22.090, natural drainage courses should be preserved and enhanced to the extent possible. Rather than filling them in; drainage features should be incorporated as an integral part of the project design. The project site is presently vacant. A preliminary hydrology study was submitted to the City on July 10, 2000. The study indicates that with the lot's existing condition, 0.21 acres of the site drains east to Derringer Lane. The remaining 3.95 acres drains and leaves the site at the southwest corner of the lot. In the developed condition, 0.27 acres will drain east to Derringer Lane. The remaining 3.89 acres will drain west to the same drainage course. Therefore, it is anticipated the drainage impacts will be minimal. Additionally, the applicant will be required to have the proposed drainage reviewed and approved by the City's Public Works Division. Site Coverage The City allows for a maximum site coverage of 30 percent. Site coverage is defined as follows: percentage of total site area occupied by structures, accessorypaving for vehicle use. Structure/building coverage includes the primary structure, all -, - • carports, garages, patio covers, storage sheds, trash dumpster enclosures, -architecturaluresa Pavement.g. chimneys, balconies, decks above the first floor, porches, stairs, etc. Structure /building coverage is measured from exterior wall to exterior • - N ingress, egress/ outdoor parking, and circulation of motor vehicles." Staff evaluated the site plan and determined that approximately 23 percent of the site will be occupied by structures. Retaining Walls (not including the proposed crib walls) As indicated in this report's table matrix, the maximum exposed height for retaining walls is six feet. This application includes a number of retaining walls for creating planter areas, enclosing walkways, and delineating the driveway path. The proposed retaining walls will not exceed 6 feet in height. The applicant shall be required to indicate the location of the retaining walls (including top of wall, finished surfaces, and top of footing) on a grading plan along with retaining wall details and calculations for the City's review and approval. The applicant shall be required to obtain retaining wall permits from the Public -Works Division before the construction of the proposed walls. The color rendering shows the walls will be stuccoed to match the proposed single family residence. Staff feels that it is necessary to match the walls with the proposed single family residence because it helps to ensure the overall design is not disrupted. Landscape/Irrigation A landscape plan was submitted with this project's application. The project site contains four Black Walnut trees, which are located at the rear portion of the lot, nearby the canyon. These trees will remain. Therefore, the applicant is not required to submit a tree permit application for the City's review and approval. . Moreover, the applicant anticipates that no activity (grading an/or construction) will take place within five (5) feet of the outer drip line of any of these four Black Walnut trees. Although staff believes the four existing Black Walnut trees will be far from construction activity, it is necessary to ensure the existing trees are protected. As a part of this project's conditions of approval, the applicant shall ensure the existing trees are retained by enclosing the existing trees with chain link fencing that is a minimum of five feet in height or by another protective barrier approved by the Director prior to the issuance of a grading or building permit and prior to commencement of work. The fencing or barriers shall be placed at least five feet outside the drip line of trees to be protected. No equipment or debris of any kind shall be placed within the protective barriers. VA The submitted landscape plan also indicates that the applicant proposes to install decomposed granite pathways with railroad tie stairs. The proposed pathways provide a walkway access from the proposed buildable pad through the south and west portions of the lot. The proposed pathways traverses an easement for slope purposes and ingress/egress, a ten foot easement for storm drain purposes and six foot easement to the County of Los Angeles for Sanitary Sewer Purposes. Development is generally not permitted over these easements. However, the proposed Ltathways may be allowed because it does not involve any enclosed structures _ • e•. for habitable ._• - space. The applicant should [te aware that the pathways within the easement areas may be subject to destruction and/or removal if needed. In the event of destruction an• • Mapplicant• responsible for replacing and/or repairing the pathways. The applicant is required to submit a final landscape along with an irrigation plan for the City's review and approval prior to the issuance of any City permits. The landscape plan shall delineate the species, size and quantity of all plant materials including plant materials utilized for the slopes. The f inal landscape plan shall also delineate plant material utilized to screen the proposed • walls. All landscaping and irrigation shall be installed prior to the project's final inspection or Certificate of Occupancyissuance. The purpose of the Variance is to allow for adjustment from the development standards of the Development Code. The adjustment may be granted when special circumstances applicable to the property (i.e. location, shape, size, surroundings, topography, unreasonable regulations, other conditions, or the strict application of the development) denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. The special circumstances must create an unnecessary, and non -self created hardship that makes it obviously impractical to require compliance with the development standards. Crib walls Pursuant to Section 22.20.040, retaining walls shall not exceed a height of six feet measured from the finished grade at the base of the wall. The subject request is for crib walls. The proposed crib walls are defined as gravity retaining walls consisting of concrete grid members dry -stacked as a crib, with soil or rockbackfilled within • cell.i Variance is 8 --.-. �. �<<�< ^,« � <�.•.. ::-:<: -� w<2. .:, ...� >�- .�..:»<<, ».. ».«- -^® .-..�... � «-. �..■ <.� .- �.- �. <;��:,�- <»�< �,:<.� «:�-.��<»» « . -- «.::� »-=■ <, e- , : ..®�<:�. . -.. ..: �,a�»:�.- e» �°� ^ :•�. ° - °:<� .!.<%� � .:� :..:- ��•<��a� ©::�<<�< <, - � substantial, homes in the same heightened walls. The applicant one .: the >.single residencesfamily .. be developed in this tract. Without Variant- approval, .. denied the sameenjoyment ..,«� ,«<.. ...« .... :.�.>.,. ,., ...-<:-,!< which^ ,..:. neighboring <..... ....<< residences in same zoning districta,<<zzwith similar ,a.. -a features. u southern adjacent lot located at 1939 Derringer Lane will contain : :----: .: masonry block retaining wallsthat wil. .. ,, . maximum of ; feet in height.z.::: believes ... proposed- walls are a better alternative ..>.... series of masonry block et iin walls <»»<t it will blend with the hillside ..: appear less massive. �.., c* a©TFU :, re: The Public Works Division and a»<::»•». Safety,: -:<:•n reviewed this project. Their recommendations are included as conditions of approval in the :»»:t resolution. 9 This item has been • - ^d in the • the Inland Valley Daily Bulletin mailedwere to approximately 51 • •• foot radius of the project site on Ji public hearing . -a • on a display board mea foot was posted at the project si. displayed for at least 20 days before a notice • .f public hearing was posted July _4 2000. Gabriel Valley Tribun& ,on 00Notices etrty owners within r700- ty 13, 111 x notice of ,iring at -. - - A. foot by • "'. on - 2000 and ^ public hearing. at three public places on Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a. Negative Declaration is required for -this project. Negative Declaration No. 2000®04 has been prepared. The Negative Declaration review period began July 13, 2000 and ended August 1, 2000. _'0 � -xv� Staff recommends that the Planning Commission approve Administrative Development Review N•. 2000-07, Variance No. 2000-05, and NegativeDeclaration No..2000-04, Findingsof r and conditions as listed within the attached draft resolution. 1. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments); 2. The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development compatible with the character of the surrounding neighborhood and will maintain r • enhance _ harmonious orderly an• attractive development c• - • r _ by Chapter, r General Plan, or any applicable specific plan; U 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; 5. 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; and i. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 1. There are special circumstances applicable to the property (e.g. location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which mace it obviously impractical to require compliance with the development standards; 2. Granting the. Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; 3. Granting the Variance is consistent with the General Plan and any applicable specific plan; 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience., or welfare of the City; and 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 22- i- - .• 11 ATTACHMENTS: 1. Draft Resolution of Approval; 2. Exhibit "A" - site plan, floor plan, elevations, cross sections, landscape plan, preliminary grading plan, slope analysis, color/materials board dated August 8, 2000; 3. Applications; and 4. Tree Preservation Statements dated March 23, 2000 and June 28, 2000. 12 D'i .. _ PLANNING CONNISSION 4r SOLUTION NO® 2000 -XX 1. The property owner, Gene Pascual, and applicant Ron Wilson, have filed an application for Administrative Development Review N•. 2000-07Variance No. 2000-05 • NegativeDeclaration No.2000-04 for a property located at 2001 Derringer Lane, Diamond Bar, California. Hereinafter, in this Resolution,• - Administrative Development Review, Variance and Negative Declaration shall be referred to as the "Application". 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspaperson 111. Public-. • notices were mailed to approximately 50 property owners of - • /1 foot radiusof project on 111. Furthermorethe project site was posted display ••. • on 111 and displayed for at least 20 days before the public hearing. A notice of public hearing was posted at three public places on 111 3. The Planning Commission of the City of Diamond Bar on August 8, 2000 conducted a duly noticed public hearing on the Application. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of a Recitals,, i this Resolution ar- true and correct. Planning Commission herebyfinds Study review and Negative Declaration No. 2000-04 has been prepared by the City of Diamond Bar in compliance with the requirements of - California Envir•' - Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No.2000-04 reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds ani determines that, having considered the record as a who14 including the findings• below, • changes ani alterations_ been a •• -• into ani conditioned •• - proposed • • • - application,_ is no evidence before the • . • Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon- depends. Based upon substantialevidence,Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of ._•_ • PlanningI. Based upon the findings and conclusions set forth herein, this Commission hereby• • i a) The project relatesto vacant lot• ^• within a gated community identified as "The Country Estates". The project site is approximately 4.51 gross acres a 3.64 netThe project - is rectangular shaped with a rear yard that slopesdown toward the canyon. According • the Tract Map, the project site contains a restricted use area and flood hazard area located at the northwest end of the property. However, the County of Los Angeles abandoned the restricted use area dedication on June 7, 1972. An easement for slope purposes and ingress/egress is located - southern ••-_..• of - lot. x ten foot easement for storm drain purposes and six foot IF) - .- 7 easement to the County of Taos Angeles for Sanitary � Sewer Purposes traverses the southern portion of the lot from the street front of the property to the rear property line. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 dwelling unit per acre (c) The zoning designation for the project site is Single Family Residential - Minimum Lot Size 40,000 Square Feet (R-1-40,000). (d) Generally, the following zones and uses surround the project site: to the north, south, east, and west is the R-1-40,000 Zone. (e) The application request is to construct a two story single family residence of approximately 9,692 square feet, which includes two (2) two -car garages and second story decks. The request also includes a lap pool with spa, pond with waterfall, and pavilion. (f) The design and layout of the. proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). Tract Map No. 30091 was approved by Los Angeles •.. August 20, 1969 prior to the City of ....! • Bar's incorporation ..n:.1. sited for •_ I.. development. ..... 1995, the City adopted dwelling its General Plan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of RR - unit per acre since the project site is 4.51 acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrityof - • r. _.. neighborhoods and open space. -Furthermore, the proposed project is compatible w ith the eclectic architectural style, *. material of other 97 r f , (g) The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. singleThe proposed project involves construction of a new drconsistent other singleresidences . Country Estates". As such, the proposed + ^ family hazardsresidence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed single family residence is not expected to create traffic or pedestrian • ^ to the fact that the use is the same and Derringer adequately serves the project site and was established • handle minimum traffic created• this - of development. (h) The architectural design of the proposed development is compatible with the character of the surroundint neighborhood and will maintain and enhance tht harmonious orderly. and attractive development contemplated by this Chapter, the General Plan, or any applicable •^ plan. The proposed architectural style is Contemporary. It is compatible eclectic - form,style of surrounding single family residences. The • profile • - single family residence is designed to blend with the natural terrain of - Country Estates"by placing the building parallel with the contours of the hillside. The proposed single family residence is well 'designed with a. variety of materials and earthtone colors• • r attractive development on a hillside. As a result, the proposed single family residence is architecturally compatible with the character of the surrounding neighborhood. CountryThis project has also received the approval of "The - architectural • •• i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good. aesthetic use of " r texture and color, and will remain aesthetically appealing. II As referenced in the above findings, the proposed" project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing while offering a low level of maintenance. (j) 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. Before the .issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to comply with the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety, or welfare or be materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CQA). Pursuant to the provisions of the California Environmental Quality Act.(CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-04 has been prepared. The Negative Declaration review period began July 13, 2000 and ended August 1, 2000. (1) There are special circumstances applicable to the property (e.g. location, shape, size, surroundings, topography; or other conditions), so that the strict application of this Development Code denies the property owner 'privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self- created, hardship or unreasonable regulation which M make it obviously impractical to require compliance with the development standards; The lot does not contain a f lat buildable pad. The development ofsingledwelling unit requires fill along the hillside and a retaining wall to support the added fill. Therefore, due to the topographic constraints of the lot, the applicant is denied the same privileges enjoyed by other property owners in the vicinity. Furthermore, a substantial number of homes located in the same vicinity have walls that _ re higher than six feet. The applicant is one of _ last single family residences to be developed in this tract. Without a Variance approval, the applicant is denied the same enjoyment and privileges, which other neighboring single family residences in the same zoning district possess with similar topographic features. (m) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought; Prior to December 3, 1999, the City of Diamond Bar followed development standards adopted by the County of Los Angeles. These development standards allowei retaining walls in excess of _ • Therefore, granting the Variance is necessary for the preservation • enjoymentof substantial rights possessed by other property owners. As ref erencei in Item (1), the applicant is one of the last singl(-- .... residences to be developed tract. j substantial number of homes located in the same vicinity have walls that are • Therefore, granting the Variance is necessary for ` pres.ervation and enjoyment of • property rights possessed by other property owners in - same vicinity and zoning district. (n) Granting the Variance is consistent with the General Plan and any applicable specific plan; ` development consistent e General Plans land use designation of d„ T retaining walls comply Hillside Management Section of the Development Code. R (o) The proposed entitlement would the public interest, health, welfare of the City; and City permits, inspections, required for construction finished product will not public health', safety, or injurious to the properties vicinity. not be detrimental to safety, convenience or soilsand -.. to ensure that the • - detrimental t• the welfare, or materially • _ improvements in the As mentioned in items (f),(g), and (h), the proposed single family was rreviewed to meet the City's Design Guidelines. The proposed architecture and use of materials/colors was reviewed to ensure aesthetically pleasing •- t,_-•• - - • re, it is anticipated that the proposed single family residence •- _-will not be detrimental, __a • _ compliment Plan.and add to the economic, physical, and social character of the City as contemplated in the General (p) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 5. Eased on the findings and conclusions set forth above the Planning Commission . hereby approves the Application subject t® the.following conditions: (a) The project shall substantially conform to site plan, floor plan,- elevations, cross sections, color/materials board collectively labeled as Exhibit. "All and dated August 8, 2000, as submitted, amended herein and approved by the Planning Commission. (b) The site shall be maintained in a condition, which is free of debris both during and after entitlementconstruction, addition, or implementation of the _ The removal trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, I applicant or by duly permitted waste contractor, who harl. been authorized by the City to provide collection, transportation, and disposal of solid waste from - .commercial, industrialconstruction, and _ City. 0 It shall be the applicant's obligation to e 6ure that the waste contractor utilized has obtained; permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) Prior to the issuance of any permits, the applicant shall submit a final landscape/ irrigation plan for the City's review and approval. Furthermore, prior to the issuance of the Certificate of Occupancy and Planning Division's final inspection, the applicant shall install all of the approved landscaping and irrigation (e) Prior to the issuance of a grading or building permit and prior to commencement of work, the applicant shall ensure the four existing Black Walnut trees are retained by enclosing the existing trees with chain link fencing that is a minimum of five feet in height or by another protective barrier approved by the Director. The fencing or barriers shall be placed at least five feet outside the drip line of trees to be protected. No equipment or debris of any kind shall be placed within the protective barriers. (f) On the grading plan, the applicant shall delineate the following: 1) Cut and fill quantities and calculations; 2) All flow lines, finished surfaces, and finished grades; 3) Proper drainage with detailed sketches; 4 Proposed and existing • w- 5) Crib walls and any proposed retaining walls (.indicating top of wall, finished surface and top of footing); and 6) All easements. (g) Prior to the issuance of City permits, a final soils report shall submitted to the Public works Division for review and approval. (h) ---Any impact of the new structure on the sewage capacity shall be reviewed and approved by the City. (i) Prior to the issuance of any City permits, the applicant shall submit retaining wall details and calculations for the City's review and approval. (j) The single family structure shall meet the 1998 -Uni-form _ Building Code, Uniform Plumbing _ Cod Uniform Mechanical Code and the 1996 National Electric code requirements. setback(k) Building ..- or meet Section 18 of the 1998 Uniform Building Code. (1) The minimum design wind pressures shall be 80 miles per hour & "C" -exposure. (m) This single family home is located in "Fire Zone 4" and shall meet all requirements of the fire zone: 1) All roof covering shall be "Fire Retardant". Tile roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire.- 2) ire. 2) All unenclosed under floor areas shall be constructed as exterior wall. 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 or door. 4) Chimneys shall have spark arrestors of maximum 1/2 inch screen. (n) This residence shall meet the State Energy Conservation Standards. - (o) Surface water shall drain away from building at a 2% minimum slope. I / (p) The applicant shall obtain a separate permit for lap pool with spa, pond with waterfall, pavilion, and any other accessory structures. (q) The applicant shall acknowledge that the pathways within the easement areas may be subject to destruction and/or removal if needed. In the event of destruction and/or removal, the applicant shall be responsible for replacing and/or repairing the pathways. Applicant shall obtain -•. - •. which is required - to the project l• • (s) The applicant shall comply with Planning and Zoning • Building and Safety,and Public• . and Fire Department requirements. (t) 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 •. requested in writing and submitted to the City 1 days prior to this • _ expiration date. Departmentof Fish and Game determines Fish and Game Code Section 711.2 applies to the approval of this project, then the applicant shall remit to payable to the County- the amount of $25.00 for documentary handling fee in connection with Fish and Game Code requirements.- • project is not exempt from. a filing fee imposed pursuant to Fish and Game Code Section 711.4 because the project has more than a deminimus impact on fish and wildlife then the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 10 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Mr. Gene Pascual, 14326 Spring Crest Drive, Chino Hills, CA 91709. APPROVED AND ADOPTED THIS 8 T' DAY OF AUGUST 2000, BY THE [!'LANNING COMMISSION OF THE CITY OF DIAMOND BAR. aw M%= I, James Destafano, Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of August 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: BY: 11 Name -L --L FPL # Deposit$ Receipt#P—'­.�- By Date ARec'd 0 =�� Phoneek') NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this caw. (Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent. I cerdfy that I the Signed_ (All record Date -3 -- -',? - ?enc`) Certification: 1, the undersigned, hereby ceyWfy under penahy of pedwy dw the information herein provided is corre to the best of my knowledge. i Print Name (Appy bar Agent) Signed_ Date (Applicant or Agent) mmu=1 The subject property contains no oak, walnut, sycamore, willow, or naturalized California Pepper trees. The subJed property contmns one or more oak, walnut, sycamore, willow, or naturalized California Pepper him. The applicant anticipates that no activity (grading and/ori construction) wfll take place within rive (5) feet of the outer dripline of �py oak, walnut sycamore, willow, or naturalized California Pepper tree. (Applicant's Si nature) ii ®fir 0 x C:) Name MR. ewwe P.AscuAL- ---=7 .3f-mie ihs owwep— (Last name first) (Last name first) MZMII� City zip--njig? Phone( 6qL�1---f --djaw; Phone( V .1 = = � NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the owner of the herein described property and permit the applicant to file this request. Signed (All record owners) Certification: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name MR. C---eAE fA55;CC—UA- . I (ApplicVao Agent) Signed— z� 77� - Date (Applicant or Agent) L,ocation ®1 Pe W_ -.C(2- LAOS QtAMOpSP &8R (Street address or tract and lot number) between LoDGR ro UE ftopvo and (Street) (Street) Zomig— R -1 - f!M loco HKM Project Size (gross acres) !!!f. (( Project Density (1) 3(WgAt FMA1L%/'"51M0L6 Previous Cases Rope 7he information requested must be complaedfor all Variance applications. 7he second haVof:heform identifies the various specific types of application requests being made. Here, you may fill out just the pertinent sections. 7he detailed instmaions which follow etplain only those items not clearly sey'levident or requiring greater amplification. Y Mere are any questions, please call (909) 396-5676. You may also obtain a counseling appointment on how tofill out the application by calling this number. S. Use applied for - Describe the proposed project in detail—the nature of the business, occupation or purpose for which the structure or improvement or premises am to be used and what is to be done on or with the property in the way of additional improvements. Domestic water source and method of sewage disposal should specify type of source, name of service agency and district. Legal Description: A separate complete legal description MUST be typed on or attached to EACH form requiring a legal description, that is Zoning Application, Certified Property Owners List Affidavit and plot plans. Provide a copy of the Title which should include any Conditions, Covenants & Restrictionk (CC&R's). 7. Burden of Proof. Complete and submit the "Burden of Proof" statement. The answers to aU questions must be complete. "Yes" and "No" answers are NOT acceptable. Land Use Vicinity Maps: One full size blue print of 700 radius land use map (folded no larger than 8 a * 14" with the location of the subject property on the front). Include 30 reduced copies (reduced to 81h * 11). Maps are to be the scale of one (1) inch to 100 feet, (except for very large areas requiring a map of more than 9 square feet) showing the subject property and all surrounding uses, streets, highways, alleys, rights-of-ways,and lot cuts. Include tract and lot numbers. Outline subject property on all copies of the map. A margin should be left around the edges of the map after drawing the 700 foot radius. 19. AR vicinity maps and plot plans mu t be properly idented and individuaUy folded to measure no larger than 8" x I V with the location of the subject property on the front. Submit 15 full size blue prints of site plans (calling out materials and including position of lighting) or tract maps, elevations (north, east, west, & south), landscape plans and 30 reduced copies of the above items (reduced to 10. Surrounding Property Owners: Two full size blue prints of 500' radius surrounding property owners (folded no larger than 8" x 14"). Provide completed Ownership List, certified to be correct by affidavit, and two (2) separate sets of self adhesive address labels indicating surrounding property owners' and addresses from the latest assessment roU (typed). Include the names and addresses of the applicant and agents. ALL LABELS SHALL BE CROSS REFERENCED TO PROPERTY 0VVFNERS' MAP AND UST. 11. Occupant Load: In addition to the required plot plans one copy of a floor plan layout is required when the proposed request requires parking other than for general commercial or industrial uses (theaters, restaurants, bars, and other places of public assembly). The floor plan must be accompanied by a stamped and signed "Application for Determination of Assembly Area Occupant Load for Parldng Requirement Purposes. a ,11 1, 3 i,.' i��=.4; :...:f E.; b�. l..� •1::., '_'� "�i:3i"i _ CM:�' ,.. �. :,_ :tit i_" "�1! _�S �''�_� ♦�• �_'. ! • -' in f ,� - - �,� �. �: r o- VARLAXCE CASE -BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission, the Mowing facts: III I I 1111111�111111�11g:'� piIIIIIII IIIII 1� 1. Adversely affect the health, peace, comfort or welfam or persons residing or worldng in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or Jeopardize, endanger or other wise constitute a menace to the public health, safety or geneM welfare. I B. That the proposed site is adequate in size and shape to accommodate the yards, wafls, fences, parlicing and loading facilities, landscaping and other development features prescribed in this Ordinance, or as is otherwise required in order to integrate said use with the uses in the surrounding area. f2= ATrA<A4eo LeTrm- By highways or streets of sufficient width and improved as necessary to carry the Idnd and quantity of traffic such use would generate, and D. That there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification. "Burden of Proof' (Pascual Residence) (Lot 73 — "The Country") We are requesting being granted a variance to utilize retaining walls higher than the six feet allowed. Due to reasons later noted, we designed this project very thoughtfully with the neighborhood in mind. Typically at "The Country", building pads are created very close to the street frontage and a massive residence (scale -wise) is sited directly facing the street (often with exposed retaining walls far higher than 6'). We have chosen to leave the existing hill in front of the proposed residence and shoehorn in the residence behind the hill. This reduces the scale of both the residence as well as the retaining wall as seen by neighbors. The proposed crib walls, even though over 6' high in some areas, are not visible while, when exposed, are to be landscaped to "disappear" A. (1) The proposed retaining crib walls over 6' in height are typical walls that have been used throughout the subdivision of "The Country" in a variety of applications. When installed per code and specifications, the walls are of no adverse affect to health, peace, comfort or welfare. Rather they are a good design alternative because they "disappear" when landscaping is incorporated "in the wall", which is what we plan to do. (2) This design solution will not be detrimental to the use, enjoyment, or valuation of property or of persons in the vicinity of the site because, when completed, it will be a departure from the numerous residences in which large retaining crib wall faces are exposed and do not blend into the site. Additionally, a large percentage of our project's crib walls are NOT visible to anyone except the owner of the project. (3) When installed per the manufacturer's specifications, they will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. Ronald Wilson Architects will be involved with the construction supervision to ensure proper installation. B. The site is almost 4 acres and easily accommodates the proposed residence. Additionally, the ratio of the residence size to the lot size is infinitely better than the majority of other S.F.R.s within "The Country". C. Derringer Lane is sufficient to handle the development of one more S.F.R. The project lot is part of a designed residential subdivision. All other public or private service facilities are readily available. D. There are special circumstances or characteristics applicable to this property that are directly responsible for the design approach, utilizing. retaining walls over six feet in height. 1) The property is very visible from numerous other residential properties. 2) The existing grade is extremely steep. 3) Building "bulk" is an important criterion to how the project was designed and the lot graded. These site characteristics and the circumstances applicable to the property involved demand a better design solution—one that mitigates the scale of the project and allows the project to blend into its neighborhood. The design of the project takes into account the project's visability as well as the extreme slope. The principal design premise was to minimize the scale of the development as seen from afar and let the residence, although in scale with adjacent and new SFRs, blend into the steep hillside. These landscaped crib walls are far more attractive than either the numerous existing exposed face crib walls or normal plastered masonry block walls (either stepped or not). By using a landscaped crib wall the wall, in effect, disappears into the steep hillside. This is much preferred to a series of stepped masonry walls. See examples attached: E. Granting the variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone. See enclosed photographs. Coercing the applicant to build numerous stepped walls of 6' to handle the steep grade is both economically unfeasible, and visually detrimental to the neighborhood. F. Crib walls are utilized on other projects throughout "The Country", many far higher and more obtrusive (not landscaped). Granting this variance will be in keeping with the spirit of good design alternatives and set a model for others on future projects. Also the granting of this variance will not be materially detrimental to the public welfare or injurious to other properties in the same area. The city of Diamond Bar as well as The Home Owners Association for "The Country" have repeatedly said "this is one of the very best designed projects in the entire subdivision" In closing, having to use the standard 6' maximum high retaining wall (in a series of walls) due to the project's topography would require far more grading and be much more visible while, at the same time, being economically unfeasible. For these reasons, we would appreciate your consideration and approval. Wilson, Architect Enclosed: Photos K , „ = a .r ' .,z}<cw ` °` Z 4 // \ ^`� # m\ w � :rl:?«� ` �Z\ZZZLC<� \11,51 [ � Z"� / M p cdArLL 6\ tt) k � . vj/ J) m �. « »�� � ■ «:. z Ag-wo I The California Environmental Quality Act (CEQA) requires a review of your proposed project for possible environmental impacts. This Initial Study process is intended to determine the type of environmental documentation necessary to have your project considered by the City. The Initial Study consists of a completed questionnaire and other material which you must provide and an analysis of potential impacts prepared by staff—often with the input from reviewing agencies with special expertise. This process can be expedited with your cooperation. The project file must include the following exhibits, yM_WRLt_V_rovide (check boxes are provided for your use): Initial Study Questionnaire—In completing this questionnaire, all questions should be answered as completely as possible (attach extra pages if necessary). If requesting a land division, it should be anticipated that future development will take place, and the questionnaire completed accordingly. Preliminary grading and/or development concepts should be submitted, even if no immediate construction is Anfiginaw. 2. Development Plan with Contours showing: a) the location and layout of the proposed development or possible pad location; b) native vegetation—including the location, spread, health and circumference (measured 4 1/2 feet above ground level) of any oak trees; and 0 existing and proposed landscaping. Vicinity Map of appropriate scale showing the subject property in relation to nearby streets and other significant physical features. Street maps (such as Thomas Guide) in urban areas or U.S.G.S. Quad Sheets in rural areas should be used. (Quad Sheets area available at many map stores or from the Department of the interior Geologic Survey, 300 North Los Angeles Street, Room 7638, Los Angeles—this is the Federal Building in Los Angeles civic center.) 4. Photographs of the site, pad locations and surrounding area. An index map keyed to the photographs should he provided, showing the location and direction of each photograph. 5. Generalized land use map of appropriate scale for the project site and surrounding properties, with uses clearly labeled. Be certain that the project number(s) is on all material (e.g. maps, photographs, questionnaire). &-kal'aick-c ift-gloy- Cc, L T 4W P-- I I ilk P U91 U OVE174-091 C R -61111C, NZ11 CA4191, WIC 9 ON-1-WAVy'' 1 el OU U-0 AWN11 011 Mald.610) FMMNTWTH-;'�M Project Applicant (Owner): Project Representative: 2. Street location of project: 2,001 DePxLtAjdts& L,6bir; ommoop 3a. Present use of site: VACAMI LDT 3b. Previous use of site or structures: HoWe 4. Please list all previous cases (if any) rela to this project: NdMI3 5. Other related permit/approvals required. Specify type and granting agency. 6. Are you planning future phases of this project? Y If yes, explain: 20. Do your operations require any pressurized tanks? YES NO 21. Identify any flammable, reactive or explosive materials to be located on-site. — AA 22. Will delivery or shipment trucks travel through residential arm to reach the nearest highway? YES NO 3. Are there any major trees on the site, including OA trees? /---N IYES) NO If yes, type and number: _j& - �,QAL� 1b -®7 \MA W Ux 4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?: YES If yes, explain: 5. Grading: 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? cool URZ If yes, explain: P111111111111 I lillillill Mill WTJ11111'1�1 11111111111111111s - --V YES Distance to. nearest fire station: MI LF -5 1NOMMIZ, �' Existing noise sources at site: WOME Noise to be generated by project: C.0*2Wcjrtoa----A Odors generated by project: MOMB - _A Could toxic fumes be generated? NO Lai m» MUM I, CAs«w declare under penalty of pedury, pursuant to Section 2015.5 ALA Jul 161W mi, W1110,11 W-01, '0"19,01" ,Itk'A' tl 01 W.,wo'l mg-myjan CUTS 111 I -Fro", to] I& mm ; Signature I U-111 �-_ � I. , Filing Fee 0 LIZ ID I , �-A -1 IS A"MI �1119 The subject property dontains no oak, walnut, sycamore, willow, or naturalized California Pepper trees. The subject property contains one or more oak, walnut, sycamore, willow, oi- naturalized California Pepper trees. The applicant anticipates that no activity (grading and/or construction) will take place wn five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. (Applicant's Siinature) ' � M-14, 1 i IM A-547111, lSf VARIANCE NO. 2000-05 103 F-11101MM 0311-13 taw -610091 M612 F-SOMMUM1,01 W� Environmental Finding Initial Study (Environmental Information and Environmental Checklist) 111, �� Wil lipl, Will KIM MINE OR` I i � M, � M, 1, W M, � � Pursuant to Guidelines for California Environmental Quality Act § 15063 (f), this form, along with the Environmental Information Form completed by the applicant, meets the requirements for an Initial Study. This form is comprised of five parts: Part 1 Background Part 2 Summary of Environmental Factors Potentially Affected Part 3 Determination Part 4 Evaluation of Environmental Impacts Part 5 Discussion of Environmental Impacts 1. City Project dumber: Administrative Development Review No. 2000-07 and Variance No. 2000-05 2. Project Address/Location: 2001 Derringer Lane (Lot 73 of Tract 30091), Diamond Ear CA 91765 3. Date of Environmental Information Form submittal: 4. Applicant: Mr. Ron Wilson, 2658 Del Mar Heights Road, Suite 149, Del Mar, CA Property Owner: Mr. Gene Address: 2001 Derringer Lane (Lot 73, Tract No. 30091) City/State/Zip: Diamond Ear CA 91765 0 627-9985 5. Lead Agency: City of Diamond Bar 1 Contact: Sonya Joe Development Services Assistant Address: 21660E Copley Drive Suite 190 City/State/Zip: Diamond Ear CA 91765 Phone: (909) 396-5676 Fax: (909) 861-3117 6. General flan Designation: Rural Residential (max. 1 dwelling unit/acre) 7. Zoning: R-1-40.000 Zone 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). The pro'ect request is to construct a two story single family residence of approximately 9,692 square feet, which includes two (2) two -car garages and second story decks. The request also includes a lap pool with spa, pond with waterfall, and pavilion. The Variance is requested for proposed crib walls that reach a maximum height of approximately 25 feet. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: The prooiect site contains 4.51 Rross acres and 3.64 net acres. The project site is rectangular shaped with a rear Yard that slopes down toward the canyon. According_to the Tract Map, ther�o'ect site contains a restricted area and flood hazard area located at the northwest end of the property. however, the County of Los Angeles abandoned the restricted use area dedication on June 7, 1972. Additionally, an easement for slope poses and ingress/egress is located southern portion of the lot. No development is proposed within these areas. A ten foot easement for storm drain purposes and six foot easement to the County of Los Angeles for Sanitary Sewer Purposes traverses the southern portion of the lot from the street front of the property to the rear property line. Again, no development is proposed over these easements. The project site is zoned Single Family Residential -Minimum Lot Size 40,000 Square Feet (R-1-40,000). Its General Plan Land Use designation is Rural Residential Generally, the following zones surround the subject site: to the north, south, east and west is the R-1-40 000 Zone. 10. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement.): South Coast Air Quality Management District, Fire Department, and State of California. N 11. List City of Diamond Bar related applications for this project that must be processed simultaneously: Administrative Devel5 12. List prior projects for this parcel: Mone 3 01 0 m 0 IE ul W 4 F 0x10 ' I ,_ m VI N U W Ln 0 0 Im 0 'VO 3j 9 P m M m o_ o ' 9 `98 a w m N c U Ld N �n ,.?O 91 NOUS[ xUu°EP IxG LE GENG �Ir it d W W ,�IOCPrIax^ n.s wr® w W N6P MO i°B H 3Y5Y d; CITY OF DIAMOND BAR I -NEGATIVE DECLARATION 2000-04 m m The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning Population and Dousing Geologic Problems Water Air Quality Transportation/Circulation Biological Resources Energy & Mineral_ Resources Hazards Noise Public Services Utilities & Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance 11 PANT 3 —DETERMINATION Project Number: ADR2000®07e VAR2000®05 to be completed by Lead Agency On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the MITIGATION MEASURES described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact' OR "potentially significant unless mitigated." An ENVIRONMENTAL IMPACTREPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant. to that earlier EIIt, including revisions or mitigation measures that are imposed upon the proposed project. ignat Sonya Joe Printed name 7/13/00 date 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or .more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an affect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section SVII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impact (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 9 Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated 1 LAND USE AND PLANNING. Mould the project: a. Conflict with General Plan designation or zoning? Source #s: General Plan, 1-13,1-27, Development X Code, 11-4, 11-7 b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project: Source #s: General Plan III -10 et seq., X Development Code, III -149 c. Be incompatible with existing land uses in the vicinity? Source #s: General Plan, I-6, 1-13,1-27, X Development Code 11-7, 11-12 d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from X incompatible land uses)? Source #s:MEA II -E-1 e. Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? Source #s: City of Diamond Bar Development Code, p. II -8-11, X General Plan, I-1 et seq., II -1 et seq.; Tract Map No. 30091 ExistingConditions - a. The project site is located within the General Plan land use designation area of Rural Residential (maximum 1 dwelling unit per acre), and is zoned R-1-40,000 that allows for a single family residence. The project proposes one dwelling unit on the lot that is 3.64 net acres and 4.51 gross acres. Therefore, it does not conflict with the General Plan. b. The project is consistent with the goals, objectives and implementation strategies of the General Plan, and the City's Development Code Standards including hillside management development standards. The proposed project is sensitive to the unique characteristics common to hillside properties, which include slopes, land form, vegetation, and scenic quality. The form, mass, and profile of the single family residence is designed to blend with the natural terrain by incorporating split pads, stepped footings, and grade separations to enable the single family structure to step up the natural slope. More specifically, the proposed face of the crib walls are intended to be screened with landscape. As a result, the proposed single family residence is well designed with architectural features that help preserve the natural hillside. The proposed project involves construction of a new single family residence, which is consistent with other single family residences within "The Country Estates". Therefore, the proposed project does not conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project. ExistingConditions ®continued c. Pursuant to the General Plan's land use objective, the strategy includes maintaining residential areas which provide for ownership of single family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood. The surrounding neighborhood consists of single family residential developments and with a discretionary Administrative Development Review, conditions shall apply to ensure the land use of a single family residence is consistent with the General Plan and the City's Development Code and Design Guidelines. Therefore, the proposed project shall be compatible with the surrounding land uses. . There are no agricultural resources or operations within the vicinity of the project. Therefore, agricultural resources or operations will not be affected. e. Existing land uses in the vicinity of the proposed project are residential, or vacant land and zoned for residential. The proposed project is located in a private gated community known as "The Country Estates" that is not a low income or minority community. The project is residential and consistent with the character of the surrounding development; therefore, will not disrupt or divide the physical arrangement of an established community including a low-income or minority community. Additionally, pursuant to the General Plan, this area is not designated as a low income or minority community. Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated 2 POPULATION AND HOUSING. Would the project: a. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Source #s: 1990 Census of Population; Housing, MEA, p. II -I-4, II -I-19 b. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Source #s: 1990 X Census of Population and Housing; MEA, p. II -I-19; 700' Land Use Map DR 2000-06 c. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Source #s: 1990 Census of Population; Housing; MEA, p. II -I-19; General Plan, p. I-1 et seq., p. II -1 et seq.; project site plan; Land X Use Radius Map VAR2000-05, ADR 2000- 07, project site plan/applications Existing Co ditions ao The project is a single family residence. The results of the 1990 Census indicated the Persons per Occupied Housing Unit are 3.18. It is anticipated this development will generally be consistent with this average, and will therefore not cause any regional or local population projection to be exceeded ba This project consists of one single family residence, the use of which is not expected to induce substantial growth, either directly or indirectly. The site was previously approved for a single family residence with subdivision approval of Tract 30091 on August 20, 1969. ce The proposed project site is currently a vacant lot, therefore the project will not displace existing housing. 9 W Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated GEOLOGICAL PROBLEMS. Would the 3 project result in or expose people to potential impacts involving: a. Fault rupture? Source #s: General Plan, p. IV -2, 3, Fig. IV -1; MEA, p. II -B-7 et seq. X b. Seismic ground shaking? Source #s: MEA, p. II -13-10, p. II -13-14, Fig. II -13-5, project's preliminary soils report prepared by Soils X and Geology, dated July 31, 2000. c. Seiche (water tanks, reservoirs)? Source s: Walnut Valley Water District Map 1996 d. Landslides or mudflows? Source #s: General Plan, p. IV -3, Fig. IV -1; MEA, p. II -13-3, Fig. II -13-2;11-13-15 State of California Seismic Lazard zones map dated X April 15, 1998; project's preliminary soils report prepared by Soils and Geology, July 31, 2000. e. Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? Source #s: General Plan, p. IV -3, Fig. IV -1; project's preliminary soils report prepared by Soils and Geology, dated July 31, 2000. X W Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated f. �_ubsidence of the land? Source #s: MEA, g. Expansive soils? Source #s: MEA, p. 11-13- X 16. h. Unique geologic or physical features? X a. No portion of the City has been identified as in an Alquist-Priolo Special Studies Zone. The closest fault is the Diamond Bar fault, which is described as a "small inactive local fault". Historically, there is no record of any earthquake with an epicenter in Diamond Bar of its Sphere of Influence, and no significant movement has ever been recorded for the Diamond Bar fault. The Whittier -Elsinore fault lies approximately four miles from the project site and has been active in historic times. Three faults with the greatest potential for activity are located in excess of 20 miles from the proposed project. Therefore, the likelihood of fault rupture is limited. b. The proposed Project site lies within an area identified as Seismic Zone 4 by the Uniform Building Code. The site does not appear to be located within an Earthquake Fault Zone. By applying current building standards that account for ground shaking, any impacts from seismic ground shaking may be considered less than significant impact.. c. The closest reservoir is the Ridgeline Reservoir, approximately 3/4 miles northwest of the project, in a different drainage basin. If seiche occurs, it will not affect the project site. Additionally, the project is not located near any volcanic mountain regions. There are no large bodies of water in close proximity to the project site. d. According to the State of California Seismic Hazard Zone Map, the project does not appear to be in a potential liquefaction zone. A final soils report will be reviewed by the City'sSoils and Geotechnical Engineer. An approval is required before the issuance of City permits. Soils and geotechnical engineers evaluate areas where historic occurrence of liquefaction, local geological, geotechnical and groundwater conditions indicate a potential for pen-nanent ground displacements and where required mitigation as defined in Public Resources Code Section 2693 (c) would be required as necessary. As a part of this project's conditions of approval, the applicant shall submit a final soils report to be reviewed and approved by the City prior to the issuance of any permits. 11 Existin Conditions -continued ee Pursuant to the project's preliminary soils report, the subject site and soils condition appear to be conducive to the development of the project. Moreover, the preliminary soils report indicates the proposed crib walls will be supported by hard bedrock with favorable geologic conditions. The report also included measures that will take place to verify a safety factor greater than 1.5 through a slope stability analysis. It is anticipated that this will ensure the site will be safe against hazards such as landslide, slippage, or settlement and the proposed construction will have no effect on the geologic stability of property outside the building area. The minimum safety factor will need to be demonstrated in the final soils report. Additionally, the Public Works Division ensures erosion control through the grading permit process. f. There is no evidence that subsidence producing activities have occurred at or near the site. Oil drilling occurred in lower Tonner Canyon, but any potential subsidence is not expected to affect this project site. The proposed use, including the basement, does not propose any. operation that may cause subsidence. The test pit location and borings were checked for presence of groundwater during the excavation operations. Free groundwater was to encountered. This infers subsidence of the land is very unlikely, and thus has no impact on the site. g. Almost all soils in Diamond Bar have the capacity to be expansive, and should be reviewed on a project specific basis. According to the preliminary soils report, soils were classified as sandy silts with clay and are generally moderately expansive. The applicant shall be required to submit a final soils report for the City'sreview and approval prior to the issuance of any City permits. Therefore, it is not anticipated that expansive soils will adversely affect the project. ho It is not anticipated that any unique geologic or physical features exist on the project site. Wo 13 Potentially Potentially Significant 7ThanENVIRO ENTAL ISSUES Significant Unless Impact Impact Mitigation Incorporated WATER. Would the project result m::." a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Source #s: City of Diamond Bar Public Works Division; project site plan; hydrology study prepared by G.V. W. Engineering and received by the City on July 10, 2000. b. Exposure of people or property to water related hazards such as flooding? Source #s: General Plan, p. IV -4, Fig. IV -2, FEMA Flood X Panel No. 0650430980 B c. Discharge into surface water or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? X Source s: MEA, p. II -C-3, 4, Fig. II -C-1 d. Changes in the amount of surface water in any water body? Source #s: MEA, p. II -C-3, 4, X Fig. II -C-1 e. Changes in currents, or the course of direction of water movements? Source #s: MEA, p. II - C -3, 4, Fig. II -C-1; City of Diamond Bar Public Works Division; project site plan; project site plan; hydrology study prepared by G.V. W. Engineering and received by the City on July 10, 2000. 13 ENVIRONMENTAL ISSUES Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact f. Changes in the quantity of ground waters either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Source #s: X MEA, p. 11-c-3, 4, Fig. II -C-1; project's site/grading plans g. Altered direction or rate of flow of groundwater? Source #s: City of Diamond Bar Public Works Division; project site plan; project's City approved Report of X Geofechnical and Geological Investigation prepared by Environmental Geotechnology Laboratory and dated November 9, 1999 h. Impacts to groundwater quality? Source #s: X MEA, p. Il -P-3-8 i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? Source #s: MEA, p. II -P-3-8 X j. Place housing within a 100 -year flood hazard area as mapped on the Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map or place with 100 -year flood hazard area structures, X which would impede or redirect flood flows? Source #s: General Plan, p. IV -4, Fig. IV -2, MEA, p. II -C-1 et seq. ic Existing Conditions a.,h There is very little change in the drainage flow when comparing the site's existing and anticipated developed condition. The project proposes that approximately 7.6% percent or .32 acres of the 4.16 acre site will be impervious area. The impervious surface will not significantly increase the amount o surface runoff. The preliminary hydrology report indicates an increase of only 0.1 CFS. However, the runoff anticipated for the soil type will be directed from on-site drainage devices into off-site drainage devices designed to accommodate run-off from the project site. Additionally, the project proposes approximately 2,938 cubic yards of cut, 2,479 cubic yards of fill, and 459 cubic yards of export. As a result, the site profile will be changed. The drainage for the project has been routed to on-site drainage devices at the front of the lot. The drainage control devices on-site are designed such that any runoff is expected to be less than significant. c.,.,e. No surface water body exists within the vicinity of the project. The closest surface water is the Carbon Canyon Dam, approximately 2 1/2 miles from the project; this site does not however drain into this basin. Therefore, no impacts related to surface water features, quality, or flow will affect the project site. f. The project will add to the amount of groundwater to the extent impermeable surfaces are added and the rate of absorption is affected by the new grading. This amount is unknown, but it is anticipated this proposed project's amount will be insignificant. g., h. The proposed project will not effect the direction or rate of flow of groundwater due to conditions described above (a through f). L The development or use of an addition to a single family residence is not considered to cause a substantial reduction in the amount of groundwater for public water supply. Additionally, groundwater is not utilized for domestic supply, but for the reclaimed water supply. j. IThe project site is not located within a flood hazard area. Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated AIR QUALITY. Would the r9 ect a. Conflict with or obstruct the implementation of the applicable air quality plan? Source #s: SCAQMD Air Quality Handbook b. Expose sensitive receptors to pollutants? Source #s: MEA, p. II -F-8-10, Fig. II -F-3 X c. Result in cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions, X which exceed quantitative thresholds for ozone precursors)? Source s: SCAQMD Air Quality Handbook d. Create objectionable odors? Source #s: X SCAQMD Air Quality Handbook Existita Conditions a. Air quality of dust will be expected to be affected during grading operations, given the quantity and method of grading transport, however, it is not expected to be significant procedure that will be implemented to reduce air emissions. Project conditions, including watering of the site, will lessen any impacts. The use of the residence is not expected to significantly contribute to the violation of any air quality standards. Additionally, such emissions are not expected to exceed those listed within the SCAQMD Quality Handbook as calculated on Table 9-1. b. There are no know sensitive receptors within the vicinity of the site. Therefore, any impacts to sensitive receptors will be insignificant. c. The proposed project's affect on air quality will mostly be during grading operations only. The affect will be temporary and will not result in a considerable net increase of any pollutant for which the project region is non -attainment under applicable federal or state ambient air quality standard. d. During the grading phase of the proposed project, diesel fuel odor may be emitted, however, based on the scope of the proposed grading operation, the impact is not expected to be significant. Therefore, there will be no significant air quality impacts from the proposed uses on this site. 17 Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated ,!CIRCULATIN V Would SP TATI ON 6 the project a. result An increase in vehicle trips which is substantial in relation to the existing traffic load and capacity of the street system (I.e. result in substantial increase in either the number of vehicle trips, the volume to X capacity ratio on roads, or congestion at intersections) Source #s: 'Trip Generation, 5th Edition, Institute of "Traffic Engineers b. Substantially increase hazards due to design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm X equipment)? Source s: City's Public Works Division c. Inadequate emergency access? Source #s: City's Public Works Division X d. Inadequate parking capacity onsite? Source #s: City of Diamond Bar Development Code, X III®97 e. Exceeding, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads and highways? Source #s: City's Public Works Division; Ordinance No. 01 (1993) f. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g. bus turnabouts, bicycle racks)? Source #s: General Plan, p. V®22; X Ordinance Into. 01 (1993) Congestion Management Plan 17 Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated g. Change in rail, water, or air traffic patterns, including either an increase in traffic levels or a change in location that results in X substantial safety risk? Source #s: MEA, p. 11-T-36; project application Existing Conditions - a. Vehicle trips will increase temporarily during construction, but not to an extent to significantly exacerbate any existing traffic congestion. A permanent increase in vehicle trips will occur from the use of the single family residence, but at an average of 9.55 trips per weekday, is considered insignificant. b. The on-site to off-site circulation has been reviewed and has been found not to result in hazards to safety from design features or incompatible uses. C. Private roads, Derringer Lane and Shotgun Lane, which deposit into the public street Grand Avenue and an alternative route within "The Country Estates" to Diamond Bar Boulevard, provide vehicular access. These access routes are considered adequate emergency access. d. The development proposes two (2) two -car garages with additional areas for uncovered parking. As the City of Diamond Bar's Development code requires two covered parking spaces, parking is considered adequate for the project. Therefore, the proposal will not result in insufficient parking. e. The approved parcel, which was approved for single family residences for Tract No. 30091 on August 20,1969 allowed for future levels of service with final map approval. Therefore, levels of service have been established. f. The proposed project must be consistent with the General Plan's Vision Statement and maintain an adequate level of service on area roadways. The development of one single family residence, as such , does not conflict with any of the City's goals and objectives or strategies supporting transportation. g. No rail, waterborne, or air traffic facilities or operations are in the vicinity of the proposed project Therefore, the project will not impact these facilities or operations. in ENVIRONMENTAL ISSUES Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact IOLOGICAL RESOURCES. Would the 7 project: a. Substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plan, policies, or regulations, or by the California Department of Fish and Game or X U.S. Fish and Wildlife Services? Source #s: MEA, p. II -D-1-8; General Plan, P. III -11; Project site plan and applications b. Substantial adverse effect on and riparian habitat, federally protected wetlands as defined by Section 404 clean Water Act, or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of fish and Game or U.S. Fish and Wildlife X Services? Source #s: MEA, p. II -D-1-8; General Plan, p. III -11; City of Diamond Bar Development Code, p. III -149 et seq.; Project site plan and applications c. A conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Source s: MEA, p. II -D-1-8; General Plan, p. III -11, City of Diamond X Bar Development Code, p. III -149 et. Seq.; Project site plan and applications M Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated d. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community conservation Plan, or other approved local, regional or state habitat conservation plan? Source #s: General X Plan, p. I-15-16, p. III -11; MEA, p. II -D-1-8 City of Diamond Bar Development Code, p. 111-149-150 e. Substantial interference with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or X impede the use of native wildlife nursery sites? Source #s: MEA, p. II -D-1-8 & 18 Existing Conditions - aa The proposal will not result in impacts to endangered, threatened or rare species or their habitats because none exist on the project site. b., c., d. The project site contains four Black Walnut trees, which are located at the rear portion of the lot, nearby the canyon. These trees will remain. Therefore, the applicant is not required to submit a tree permit application for the City's review and approval. Moreover, the applicant anticipates that nc activity (grading an/or construction) will take place within five (5) feet of the outer drip line of any of these four Black Walnut trees. Therefore, it is anticipated the proposed development will not violate the City's tree preservation standards. The site will not result in impact to wetland habitat because nc wetland exists on site. Therefore, the proposed project will have a less than significant impact on biological resources. 9 e. The proposal will not result in an impact to wildlife dispersal or migration corridors because T exist. 491 91 Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated ENERGY AND MINERALS® G S Would the project: Conflict with adopted energy conservation plans? Source s: General Plan, p. III -14; F Uniform Building Code 1995 b. Use non-renewable resources in a wasteful and inefficient manner? Source #s: MEA, p. II -S-1; Uniform Building Code, 1995 X c. Result in the loss of availability of a known mineral resource that would be the future value to the region and the residents of the X State? Source #s: MEA, p. III -B-17 Existing Conditions a. The proposed project will be required to comply with the Uniform Building Code design and construction standards and City's Energy Conservation Standards. b. The development of the project will require the use of non -renewal resources, specifically fossil fuels for transport and grading. However, the extensive grading is required to create a buildable pad for the development. Fossil fuel use will be minimized by utilizing grading export to an adjacent tract. Additionally, the fossil fuel use for this development may be considered less significant in context o like developments in the vicinity of the project. c. The proposed site is not within an area identified as possessing mineral resources of regional value. Therefore, it is not anticipated the proposed project will result in the loss of availability of mineral resources that would be of future value to the region and residents of the State. 91 ENVIRONMENTAL ISSUES Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact. No Impact 9 HAZARDS. Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous material; or create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Source s: MEA, P. II -M-1; project application, General Plan, p. IV -1 et seq. b. Impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Source #s: Multihazard Function X Plan, City of Diamond Bar, 1992 c. Emit hazardous emissions or handle hazardous or actively hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Source #s: Walnut Valley Unified School X District; Pomona Unified School District; City of Diamond Bar House Numbering Map d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a X significant hazard to the public or the environment? Source #s: MEA, p. II -M-1 et seq. FYa Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated e. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where X residences are intermixed with wildlands? Sources #s: MEA, p. II -K-1 Existing Conditions - a.,c. The project will likely use hazardous materials, such as oil, chemical, etc. during its construction phase. Relatively small amounts of household hazardous materials will also likely be used by the project's residents. Their relatively minor use results in a less than significant impact. b. The proposed project will not interfere with the City's emergency response plan or evacuation plan. d. No current significant hazard to the public or the environment exist on the site, therefore, people will not be exposed to existing sources of potential health hazards. I e. The development of the site or its use will not result in an increased fire hazard in the areas with flammable brush, grass, or trees. It is anticipated that the site will be landscaped and properly irrigated.Its development will likely result in a decrease in fire hazard from brush, grass, or trees. W Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated 10 NOISE. Would theproject result in: a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; or exposure of persons to or generation of excessive groundbome X vibration or groundbome noise levels? Source #s: General Plan, p. IV -15; MEA, p. II -G-1 et seq.; City of Diamond Bar Development Code, p. III -81-90 b. A substantial permanent increase or temporary or periodic in ambient noise levels in the project vicinity above levels existing without the project. Source #s: X General Plan, p. IV -15; MEA, p. II -G-1 et seq.; City of Diamond Bar Development Code, p. III -81-90 Exis 'ng Conditions - ao, b The proposed project will increase existing noise, but to an extent considered less significant in a neighborhood of existing single family residences. However, given the proximity of other residences, during construction extensive grading is likely to reach noise levels that are Normally Unacceptable, as indicated in the General Plan. With permit conditions to protect neighbors during construction, noise levels can be reduced to an acceptable level. The grading permit conditions include the following items: transportation of equipment and materials, and operation of heavy grading equipment shall be limited to the hours of 7:00 am to 5:00 p.m.; all construction equipment shall be properly muffled to reduce noise levels; exterior construction activities shall be restricted to the hours of 7:00 am to 5:00 p.m., Monday through Saturday. Fzk W_ Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated PUBLIC SERVICES., Would the; project.have.- 11 effect upon, or result in a need for new, or altered government services, in any of the following areas:-, a. Fire Protection? Source s: General Plan, p. VI -3 X b. Police Protections? Source #s: General Plan, p. VI 3 X c. Schools? Source #s: MEA, p. II -0-1 d. Maintenance of public facilities, including roads? Source #s: General Plan, p. VI -2 X e. Other governmental services? Source #s: General Plan, p. VI -1 et seq. X ExistingConditions - a.,be The proposed project will receive fire protection and police protection services from the Los Angeles County Fire and Sheriff Departments. Currently, these agencies provide services to the City of Diamond Bar. It is anticipated that the proposed project will not require the development of new or expanded facilities or services. "The Country Estates" also has their own private security patrol. c. The proposed project is located within the Walnut Valley Unified School District. It is not anticipated that the proposed residential project will create a significant demand to the District. however, the project is required to pay school fees a part of the development fees paid to the City. d. The project site is in a private community identified as "The Country Estates" and part of a previously approved residential tract for single family residences. As such, the maintenance of the immediate roads/streets, storm drain, sewage systems are the responsibility of the private association. The maintenance of public facilities includes roads, streets, and public right-of-way. The project will likely create negligible impacts to the City's streets and sewage systems as the approval for the tract allowed for impact at that time. eo No other specific governmental services have been identified that may be impacted by the proposed project. W_ Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated 12 UTILITIES AND SE VIC ,SYST S® .Would the'� project result in a need for new systemsor. supplies, or -- substantial alterations to the following utilities a. Power or natural gas? Source #s: General Plan, p. I X 18, VI-2 b. Communication systems? Source #s: General Plan, X p. I-18, VI-2 c. Local or regional water treatment or distribution facilities? Source s: General Plan, p. I-18, VI-2 X d. Sewer or septic tanks? Source #s: General Plan, p. X I-18, VI-2 e. Storm water drainage? Source #s: General Plan, p. I-18, VI-2 f. Solid waste disposal? Source #s: General Plan, p. X I-18, VI-2 g. Local or regional water supplies? Source #s: General Plan, p. I-18, VI-2 Exi ting Conditions - a.-g. The newly proposed development will continue to be for a single family residence. It is anticipated the new development will use existing utility lines and pipe systems. The single family residence will be connected to a sewer line which is to be reviewed by the Los Angeles County and the City's Building and Safety Division. Therefore, the development of the proposed single family residence will not result in the need for new systems or supplies or substantial alterations to the following: electrical power or natural gas; communication systems; local or regional water treatment or distribution facilities; storm drainage systems; and solid waste disposal systems. K1 Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated 13 AESTHETICS., Mould the project a. Have a substantial adverse affect on a scenic vista or damage scenic resources, including, but not limited to trees, rock out croppings, X and historic buildings within a state scenic highway? Source #s: General Plan, p. III -10 b. Substantially degrade the existing visual character or quality of the site and its surroundings? Source s: General Plan, p. X III -10; City of Diamond Bar's Development Code c. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Source #s: X City of Diamond Bar's Development Code, p. IV -11-16 Existirt Con itiotts a. -c. The proposed project site is located in "The Country Estates" a private residential community. Aesthetic impact has been considered for this project. The proposed project will not have a significant detrimental view blockage impact. The trees and landscaping have been reviewed to ensure an aesthetically pleasing project site. More significantly, the proposed crib walls will be screen with plant material to create a less massive appearance of structures that fits well on the hillside. The applicant shall conform to a landscape plan, which complies with the City' Development Code and is approved by the City. Furthermore, the proposed project will be developed in compliance with the City's Development Review and Design Guideline standards. As a result, the proposed project will be consistent with the existing development within the surrounding area by utilizing good architectural design and features, as well as compatible and pleasing colors and materials. Any exterior, on-site lighting will not reflect light or glare onto neighboring properties per the City of Diamond Bar Development Code. M Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated 14 CULTURAL RESOURCES—Would the project: a. Directly or indirectly destroy a unique paleontological resource or site or unique geologic features? Source #s: MEA, II -H-1 b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5. Source #s: MEA, II -H 2 c. Cause a substantial adverse change in the significance of historical resources as defined in 15064.5? Source s:MEA, II -H-1 d. Have the potential to cause a physical change, which would affect unique ethnic X cultural values?Sources:MEA, II -H-1 e. Restrict existing religious or sacred uses within the potential impact area? Source #s: X MEA, II -11-1 Ex ting Conditions - ae Much of the City of Diamond Bar is underlain by the Puente formation, which is a strata of rock that bears tiny fossils. The most common materials found are small leaves, fish scales, even partial or whole skeletons at times, in either silty or diatomaceous earth. Indeed, the entire Puente formation should be considered to have the potential to yield significant fossils. The site currently contains a rough graded parcel in an existing tract of single family residence homes with no report o paleontological findings. Therefore, the proposed project will not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. b. The Archaeological Information Center with the University of California at Los Angeles has conducted a records search in which five areas have been identified archaeological resources within the Diamond Bar City limits or sphere of influence. However, the proposed project is not located within these five sites. The site currently contains a rough graded parcel and there was not report o archaeological findings at the time of rough grading. Therefore, the proposed project will not cause a substantial adverse change in the significance of archaeological resources. W Existin Conditions ce No historical sites have been identified within the vicinity of the project site and none are expected. According to the Archaeological Information Center, there are at present no recorded historical sites within a one -mile radius around the City or its sphere of influence. Therefore, development of the proposed project will not affect historical resources. da,e. No unique ethnic cultural values, religious or sacred uses are located within a quarter mile of the project site. Therefore, the proposed project will not have the potential to create adverse impacts on said resources. M Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporate 15 RECREATION. Would the project: a. Increase the demand use of existing neighborhood and regional parks or other recreational facilities such that substantial deterioration of the facility would occur or X be accelerated? Source s: General Plan, p. II- 1 et seq. b. Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Source X #s: General Plan, p. II- 1 et seq. Ex' in on itiorts - a.,h. Single family residence projects of this type'are not generally associated with creating adverse impacts on parks or other recreation opportunities. The site itself lends to its own recreation because the project includes a lap pool. with spa, pond with waterfall, and pavilion. Also, the private community, "The Country Estates," has their own private recreation facilities. 99 KE Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated MANDATORY FINDINGS OF " 16 SIGNIFICANCE.. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self sustaining level, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history? b. Does the project have the potential to achieve short-term, to the X disadvantage of long-term, c. Does the project have impacts that are individually limited, but cumulatively considerable? ("cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the affects of probable future projects) d. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or X indirectly? KE Ex* tingConditions a. Due to the information presented in the application, plans submitted and site visits, it is anticipated that the proposed project does not have the potential to degrade the quality o the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self sustaining level, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre- history. b. Due to the information presented in the application, plans submitted, site visits,, and analysis within this document, it is anticipated the proposed project does not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals. co Due to the information presented in the application, plans submitted, site visits, and analysis within this document, it is anticipated the proposed project does not have the impacts that are individually limited, but cumulatively considerable. ("cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the affects of probable future projects) do Due to the information presented in the application, plans submitted, site visits, and analysis within this document, it is anticipated the proposed project does not have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly. 0 y.nll.7 win malar roan nr.v cr. �o _ rcd 1 I I FF n.s F 4—i, c..ew C8 ✓IG 't' — o � I I I Pa* r.v i3 I ! r.aT Fir I F -^T P-mF is ik is' ICe7`v �T� ® m«oea. sen.f mn� mor �ne�• r -o° I BL. i5o.o P�i6Fia cynr:E p:Mo F'f� Q qA �oLT< Di aw+vl.��++� nEp.L rmp r.o. rocF wa+o F—E a uvcc EL.tAeb C F• rp,i.MT- E:. 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GG1N W���6 6:L.EVF.71oN Q 6�.1-P, I%4'=1� - .mIv.V1�UT�61�fT�S __ rna � Y �rrnusoNr�r�� :tw�x. neveducr c Tcs opt. �uw a v� �j V4%i� o' O- 2 yZ�m�-gym - ��o� NMMMMM� I +sed �l Cj� ON %,1 �ri�� V yam. �-o 5=..cn� Dnb , > _ — 1. COMMUNITY RAIL FENCE 2. MOUNDING TURF 3. RETAINING WALL 4. ENTRY WALK 5. DRIVEWAYIMOTOR COURT 6. TRASH STORAGE 7. DECORATTVE BOULDER OUTCROPPINGS 8. PLANTABLE RFTAUUNG WALL 9. WALL FOUNTAIN 10. FRONT COURTYARD PATIO 11. TURF AREA 12. FUTURE CHILDREN'S PLAY AREA (FENCED) 13. TEE -OFF TURF AREA 14. SCREEN SHRUBS 15. PAVILION 16. NEGATIVE EDGE POOL 17. SPA 18. ENTRY TO HOUSE 19. CASCADING VINES AT TOP OF WALL 20. TRAIL TO LOWER PROPERTY 21. CONCRETE STAIRS 22. LOW PLANTING ON SLOPE TO PRESERVE VIEW 23. TALL UPRIGFITEVERGREEN TREES 24. LARGE NATURAL CANOPY TREES b.. 7 1 SxUBV G1ovFAno 6 43 74 w w n �xxnux,�-�avoF„�xae xe s mu�uomu-rvwPgxmuersumt nl 30 9i 4- IGN GROUP ®V c'^xn c-nme-�Pivm�xc P�i6 9HHJ-ecn •FAX 619/34JIIB KEY TO LOWER YARD 1. EXISTING TRAIL TO OPEN SPACE 2. DRY CREEKBED WITH BOULDERS AND RIVERROCK IN NATURAL DRAINAGE AREAS 3. EXISTING BLACK WALNUTS TO REMAIN IN PLACE 4. STEEL TUBE FENCING 6. CONCRETE PATIO 7. DECOMPOSED GRANITE PATHWAY WITH RAILROAD TIE STAIRS 8. WOOD OR METAL BRIDGES 10. SCREENING SHRUBS FOR PRIVACY 12. HOUSE 13. SEE SHEET 1 FOR LANDSCAPING AROUND THE HOUSE 15. LOW GROWING GROUNDCOVER ON VIEW SLOPES 16. NON IRRIGATED HYDROSEED SLOPE NOTE: PLANTING IN LOWER YARD TO HAVE A NATURALISTIC OAK WOODLAND THEME TRE S PLnTwNUS MCEMOSn- SiEIW SYGMORE IS GAL. ALNUS MOMBIN515- CHINM ALDFwCHE IS GAL ALNUSRHOMOIFOLIA-u�p ALDER IS GAL. PRUNUS wTROPURPURG-PURPLE LEAF PLUM IS GAL. SUCH,LS: G—ILL. —I -N.— I.xn I AlG xORMIUM TENIX'wTROPURPURI -FLAX n5 GAL HEFEROMELESARBUOFOL1w-TOYON DO -RA- VISCOSA-HOPRUSH 1 xn SGAL —us PURPUREUSMPURPLE ROMMSE InS GAL. OLEANDE—IMPINIC IxnIGAL RHOS OVATA I I- -AWA CAPCN515- GPC HONEYSUCKLES IxoSGAL V NEST GROUNOCOYERS SOUGAI VILLI IFOLNDI I GAL. 'yo"VILIE/.S"'''EGO REO' SGL. 3 ENBERGIA VIOLACEA-HAROENRERGHIA LANIU—ONICIDEN515-TRA—EYSLIMLIF FLATS i IONICERw IwPONICA-JwYANESEHONEYSUCKLE FLATS HON II IE HMI%FOR LI"H IRRIGTED SLOPGSE 6 I. LINE OF EXISTING FIRE LANE ,XT'AKEN OFF OF AERIALPHOTO) 7 PARK ROAD PER G.B.W. ENGINEE -"(,'ER acs TESHIMA DESIGN GROUP 2 LAw grwPEARanEcmRe-LAN.—NO Jf0 n I NEAI.vR[ nvE SU rtE C Px IN III . PAx sl�nsJ-Nm ..gp— PIN- . x qq (gyp-) ti n `y o pry 1 N V 1 1A e b ®® !$ P4 g�AN �DO i9 r. , A r C � G G 7711-4 40mmc ..gp— Z> ®® ®� 7711-4 1 O6, 6 oel w 'uao =nmaAt %' wamt 'rt •molrumt so nut tom was •,y Ott octet rot •= ma �c Its 'am '� = 0@53m 0350tld F81.1� 01 101 DNUSI13 tsm •0N IML •56 101 �a m ONO= so AW Project MEETINGS August 8, 2000 t' , 1 . 3` fb �m a, PLANNING COMMISSION PROJECTS Case # PM Location PC cc PC cc PC CC PC 8/8 8/15 8/22 9/5 9/12 9/19 9/26 JOINT STUDY SESSION - CITY COUNCIL AQMD — ROOM CC -2 MV 2000-6 X TP 2000-3 AND PLANNING COMMISSION BOURNE, JOHN MC UP 2000-09 LKS 2102 ROCKY VIEW ROAD ON HOLD - PER APPLICANT (Converting Storage into Game Room) DIAMOND BAR MONTESSORI CUP 2000-03 LKS 23555 PALOMINO DRIVE PH ON HOLD - PER APPLICANT ALEXANDER DEVELOPMENT ACADEMY GOULD, RICHARD ADR 2000-18 SJ 2813 WATER COURSE DR. PROCESSING (Single Family Residence) LEE, AN -CHI (PALAZZO INC.) DR 2000-09 AJL 2718 STEEPLECHASE LANE x (Single Family Residence) PARKS/TRAILS MASTER PLAN JDS CITYWIDE X PASCUAL,GENE VAR 2000-05 Si 2001 DERRINGER LANE PH (Single Family Residence) ADR 2000-07 ADMINISTRATIVE REVIEWS 11 M, PM Location PATROS, KE, WALT 22454 STEEPLECHASE LANE (Single Family Residence) _�Imr_ ADR 2000-17 Si 23634 RIDGE LINE ROAD PROCESSING PENDING Case # PM Location ASHAI & ASSOC./ S ISO ADR 2000-17 Si 23634 RIDGE LINE ROAD PROCESSING (Room Additions) BHOGAL, SURINDER ADR 2000-10 AJL 23415 PLEASANT MEADOW PROCESSING (Single Family Residence) MC UP 2000-6 MV 2000-6 TP 2000-3 BOURNE, JOHN MC UP 2000-09 LKS 2102 ROCKY VIEW ROAD ON HOLD - PER APPLICANT (Converting Storage into Game Room) DIAMOND BAR HO A/ VAR 2000-02 AJL 515 S. GRAND AVENUE ON HOLD - PER APPLICANT ALEXANDER DEVELOPMENT (Freeway Sign) GOULD, RICHARD ADR 2000-18 SJ 2813 WATER COURSE DR. PROCESSING (Single Family Residence) g:\\project meeting\\doc PH = PUBLIC HEARING X = NOT A PUBLIC HEARING PROJECT MEETINGS August 8, 2000 CITY OF DIAMOND BAR C(-AfiV�- PENDING Case # PM Location GO D, RICHARD ADR 2000-19 LKS 2883 WATER COURSE DR. PROCESSING (Single Family Residence) LIPPICH, LESLIE DR 2000-08 AJL 1626 DERRINGER LANE PROCESSING (Single Family Residence) JCC DEVELOPMENT ZC 2000-01 AJL DIAMOND BAR BLVD PROCESSING (Zone Change to Commercial) PM 10208, PARCEL 2 METRICOM — W-VUSD CUP 2000-02 AJL 21400 PATHFINDER PROCESSING (Wireless Telecommunications) NEXTEL COMMUNICATIONS — CUP 2000-04 JDS 24401 DARRIN DRIVE PROCESSING LYNN VAN AIKEN DR 2000-10 (Wireless Telecommunications) ZONING MAP AMENDMENT JDS CITYVvqDE PROCESSING g:\\project meeting\\doc I PH = PUBLIC HEARING X = NOT A PUBLIC HEARING CITY OF DIAMOND i. t. NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) On August 8, 2000, at 7:00 P.M., the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, John Ilasin, declare as follows: I am employed by the City of Diamond Bar, Community and Development Services Department. On August 4, 2000, I posted copies of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on August 8, 2000, at the following locations: City Hall South Coast Quality Management District Auditorium 21660 E. Copley Drive 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on August 4, 2000, at Diamond Bar, California. John Ilasin Community and Development Services Dept. g:\\affidavitposting.doc Z File r �Ifd&'�bV . - I andis' �ready �fb, mmn"ing,