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HomeMy WebLinkAbout10/24/20000-M zf�ctober 24, _ South oast Air Quality ManagementDistrict Auditorium 21865 East o ley Drive Diamond ar, CA Vice ChairmaA Commissione commissione a or le in Copies of staff reports or other written documentation relating ®g�29660 Eare Copl f'y Drive�� lam n9� 1 ning Division of the Dept. of Community & Development Services, 1ated a and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title Il of the Americans with Disabilities Act of 9990, the City of Diamond Dar 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 the City of Diamond Bar uses recycled paper and encourages you to do the same City of Diamond Bar Planning Commission The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION LATING 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. 0 1. 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, Mules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us �z T €1W CITY OF DIAMOND Tuesdayq Octobu 249 2000 Next Resolution No. 2000-20 PLEDGE OF ALLEGIANCE' 1 • CALL: CO SSIONERS: Chairm � icka a d Steve Tye. Chairman ROLL Bob Ztrbes, George I�.uo, Joe a 0 MATTERS FROM THE A IENCE/P LIC COMMENTS. d lace for the general public to address the members of the Planning to This is the time an p n on an item that is within their jurisdiction, as�o allowing glehe public eaker opportunity Card for the Commission y and non -agenda items. Plc speak on non-public hearing There is a five-minute maximum of this form is voluntar APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR. The following items listed on the consent calendar are considered _routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request oft e Commission only: .1 Minutes' October 10, 2000. None BUSINESS:5. OLD 13USINESS: Page 2 PLANNING COMMISSION 7.1 Development eview No. 2000-11, Tree Permit No 2000-03, inor Conditional Use Ee_rmit, No. 2000-06 and Minor Variance No.2000-06 (Pursuant to Code Sections 22.48.020, 22.38.020, 22.56.020, 22.30.080 and 22.52.020) are requests to construct a three story (two stories and a basement) single family residence with a five car garage, decks and balconies totaling to approximately 10,460 square feet. The request also includes a swimming pool, two spas, and rear retaining walls with a maximum six-foot exposed height. Development Review requires site design and architectural review. Tree Permit is required for the removal and replacements of oak and walnut trees. Minor Variance is required for the requested 20 percent reduction in the required front yard setback. Minor Conditional Use Permit is required for a greater driveway width then permitted by code. Project Address: 23415 Pleasant Meadow (Lot 22 of Tract No. 23483) Diamond Ear, CA 91765 Property Owner: Surinder Bhogal 9866 Houghton Avenue Santa Fe Springs CA 90670 Applicant: Easant Sachdeva 1738 East Meats Avenue Orange CA 92865 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. 2000-06 has been prepared. The Negative Declaration review period began September 29, 2000, and ended October 18, 2000. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2000-11, Tree Permit No. 2000-03, Minor Conditional Use Permit No. 2000-06, and Minor Variance No. 2000-06, Findings of Fact, and conditions of approval, as listed within the resolution. 7.2 Development Review No. 2000-16, Minor Conditional Use Permit No 2000-15 Manor Variance No. 2000-17 (Pursuant to Code Sections 22.48.020 (A)(1), 22.56.020 and 22.52.020 (E)) is a request to construct approximately 12,340 square foot two-story single-family residence with two garages for five -cars, pool/spa, gazebo, and tennis court. A Minor Conditional Use Permit is required to process the circular driveway. The Minor Variance is a request to decrease the rear yard setback by 20 percent. OCTOBER 24, 2000 Page 3 PLANNING CQISSION 2521 Braided Mane Drive Diamond Bar, CA 91765 Ton -Dei Chiu 1432 E. Peppertree Drive La Labra Heights, CA 90631 Applicant: Tein Wang 801 S. Garfield Avenue Alhambra, CA 91801 - Environmental Determination- Pursuant to the provisions �s categorically f the l exempt pursuant Environmental Quality Act (CEQA), the City has determined that this project to Section 15303(a) of Article 19 of Chapter 3 of Title 14 of the California Code of Regulations. Recommendation: Staff recommends that the Planning ningPermCommission approve ve Dor velopment Variance Review No. 2000-16, Minor Conditional U No. 2000-17, Findings of Fact, and conditions of approval, as listed within the resolution. 7,3 Develo meet Review No 2000-19 (pursuant to Code Sections 22.48.020) is a request to remodel and add on approximately 4,607 square feet to an existing 3,11 The Ce foot, two story single family residence with a three car garage locate within Estates". The request includes a new deck. Project Address: 23634 Ridgeline Road (Lot 87, Tract No. 3009 1) Diamond Bar, CA 91765 Property Owner/ Sunil Kohli Applicant: 23634 Ridgeline Road Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisionsCity has this1projecttis Quality Act (CEQA), Section 15301 (e)(2), the yas determined Categorically Exempt. Recommendation: Staff recommends that and conditions ns of appro�al,approve alit d Development Review No. 2000-19, Findings of Fact, a resolution. OCTOBER 24, 2000 Page 4 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENT PARKS AND RECREATION COMMITTEE MEETING: I FALL FUN FESTIVAL: . . . . . . . . . . . . . . . .......... I NVARIVAIN COMMUNITY/SENIOR CENTER TASK FORCE MEETING: CITY COUNCIL MEETING: Thursday, October 26, 2000 — 6:00 p.m. AQMD Hearing Board Room 21865 E. Copley Drive October 28, 30, and 31, 2000 6:00 —10:00 p.m. Heritage Park Community Park 2900 S. Brea Canyon Road Tuesday, October 31, 2000 4:30 — 8:30 p.m. Heritage Park Community Park 2900 S. Brea Canyon Road Tuesday, November 1, 2000 — 5:00 p.m. City Hall, 21660 E. Copley Dr., Suite 190 Thursday, November 2, 2000 - 7:00 p.m. AQMD ® 21865 E. Copley Drive Tuesday, November 7, 2000 — 6:30 p.m. AQMD Auditorium 21865 E. Copley Drive Tuesday, November 7, 2000 7:00 a.m. — 8:00 p.m. OCTOBER 2.4, 2000 Z= PLANNING COMMISSION Thursday, November 9, 2000 — 7:00 p.m. AQMD Board Hearing Room 21865 E. Copley Drive VETERAN'S DAY: Friday, November 10, 2000 City offices will be closed in observance of Veteran's Day. City offices will reopen Monday, November 13, 2000 1' 1 COMMUNITY MEETING REGARDING1 •, • 1'jtjjg��FTTCENTER: g:\zste11a\agenda\oct24 OO.doc Tuesday, November 14, 2000 — 7:00 p.m. AQMD Auditorium 21865 E. Copley Drive Tuesday, November 14, 2000 — 6:00 p.m. AQMD Auditorium 21865 E. Copley Drive Wednesday, November 15, 2000 — 7:00 p.m. AQMD Auditorium 21865 E. Copley Drive LIF MINUTES THE CITY OF DIAMOND REGULARMEETING OF THE PLANNING OCTOBER 1 2000 Chairman Nelson called the meeting to order at 7:06 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 Commissioner Tye. Present: Chairman Nelson, Vice Chairman Bob Zirbes, and Commissioners George Kuo, Steve Tye, and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager, Craig Steele, Assistant City Attorney, Ann Lungu, Associate Planner, Sonya Joe, Development Services Assistant, Linda Smith, Development Services Assistant, Dennis Tarango, Building Official, Debbie Gonzales, Administrative Secretary, and Sgt. Flannery, Los Angeles County Sheriff. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offerel 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the September 26, 2000, meeting. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of September 26, 2000. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Nelson ABSENT: COMMISSIONERS: None 5.1 Conditional Use Permit No 2000®04 and Development Review No. 2000®10 (pursuant to Code Sections 22.58 and 22.48) is a request to install two (2) additional 25 foot high camouflaged monopoles with a total of six (6) antennas, equipment cabinets, and block OC'T'OBER 10, 2000 PAGE 2 PLANNING COMMISSION equipment enclosure on an approximately seven acre site that currently contains co -located, unmanned, wireless telecommunication facilities: (Continued from September 26, 2000.) APPLICANT: 24401 1 Darrin Drive (Lot 51 of Tract No. 42584 . 84 Diamond Bar,6, Eric Stone 24401 Darrin Drive Diamond Bar, CA 91765 Nextel Communications 310 Commerce Irvine, CA 92602 DCM/DeStefano presented staff's report. He reported that today at approximately 3:00 p.m., Nextel Communications' new project manager presented staff with a request to continue this matter to December 5, 2000, in order to allow Nextel time to prepare revisions to their current application. In accordance with the Planning Conunission's request, staff has prepared Resolution No. 2000 -XX denying Conditional Use Permit No. 2000-04, and Development Review No. 2000-10. The applicant was not present. C/Tye stated that the correspondence received by staff this afternoon indicates that Nextel is moving ahead with the project per the instructions that were given at the most recently Planning Commission hearing. No such instructions were given to proceed with that project. In fact, the Planning Commission asked staff to prepare a Resolution of Denial. C/Tye moved, C/Ruzicka seconded, to adopt Resolution No. 2000 -XX denying Conditional Use Permit No. 2000-04, and Development Review No. 2000-10. Motion carried by the following Roll Call vote: AWES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Nelson ABSENT: COMMISSIONERS: None OCTOBER 10, 2000 PAGE 3 PLANNING COMMISSION Chair/Nelson abstained because he was absent from meetings during which discussions about this matter were held. However, he does not necessarily disagree with the findings of his colleagues. 6° NE W BUSINESS: None. [.k 7°1 Conditional Use Permit No. 99® Minor Conditional Use Permit No® 99-9, originally approved on August 10, 1999, to allow for the operation of a restaurant with outdoor dining, the sale and on-site consumption of alcoholic beverages and entertainment (i.e., dancing with a DJ, karaoke, guitarist, folk singer, and comedy nights) at the location referenced below. In accordance with Condition No. 50) of Resolution No. 99-19, a periodic review of the Conditional Use Permit and Minor Conditional Use Permit is required to assure compliance with conditions of approval and to consider whether to modify, add conditions as necessary, or revoke the permit. Municipal Code Section 22.76.020 authorizes the City to schedule a public hearing before the Planning Commission to consider modification or revocation of a Conditional Use Permit and or Minor Conditional Use Permit. PROJECT OWNER: APPLICANT: Platinum Restaurant 245 Gentle Springs Lane (Parcel 1, Parcel Map No. 15547) Diamond Bar, CA 91765 SX Diamond Bar 259 Gentle Springs Lane Diamond Bar, CA 91765 Chris Pierce 245 Gentle Springs Lane Diamond Bar, CA 91765 DCM/DeStefano presented staff's report. He pointed out that staff received letters from the Fall Creek Homeowners Association and the Fancher Development Services, Inc. representing the Kmart Corporation requesting that the City provide help in bringing the owners of the restaurant into compliance with the original project approval. Staff recommends that the Planning Commission direct staff as appropriate. At the request of VC/Zirbes, Sgt. Flannery, Diamond Bar/Walnut Sheriff's Station, explained that problems associated with this restaurant involve areas outside of the OCTOBER 10, 2000 PAGE 4 PLANNING COMMISSION restaurant, including overcrowding, overflow parking and severe traffic problems at the site. The restaurant's security serves the premises well. Problems occur immediately off- site in the Gentle Springs area. Sgt. Flannery explained to C/Kuo that the service calls for Platinum are far above most other Diamond Bar businesses. Service calls are primarily based upon overcrowding. The majority of the requests for service calls come from people outside of the club. Joe Alvarado, Inspector, Los Angeles County Fire Department, said that most of the issues are currently being resolved. He believes that upon review, the maximum occupancy load for the building will be under 650 and may be below 500. He expects to have a response from the review board tomorrow. The restaurant owner has complied with almost all of the 17 issues mentioned in the report. He reported that during a September 15 spot check, the Fire Department observed well in excess of 600 people in the building and 200-300 people were outside of the building. Due to the consumption of alcohol by the club patrons, the Fire Department personnel believed that they faced a safety hazard, therefore, could not complete a tour of the facility. A spot check was conducted the following evening with five department resources and 20 Sheriff's department representatives. At that time, there were approximately 350 people in the club. He believes the matter will conclude in the next few days and that the Fire Department will be in a position to sign off on the business license. C/Tye asked for a precise report on the 17 issues. Joe Alvarado responded that the only issue remaining is the matter of occupancy. In response to C/Ruzicka, Joe Alvarado explained that there will be two sets of numbers - one for the dining portion of the facility and one for the dancing portion of the facility. Each room will be posted as to the maximum number of people allowed in the room for its intended use at any one time. Dwight Anderson, Treasury Tax Collector, Los Angeles County Business License Division, said that DCM/DeStefano's description was very good and he would not add anything to his presentation. He offered to answer Commissioner's questions. VC/Zirbes asked for status of the business license to which Mr. Anderson responded that the business license application is pending sign off by the Fire Department and the City's Building and Safety Department. When those approvals are received, the matter will be calendared for a hearing with the Business License Commission of Los Angeles County. The applications are for entertainment, dance and public eating license. The hearing takes place about two or three weeks beyond receipt of the approvals. OCTOBER 10, 2000 PAGE 5 PLANNING COMMISSION C/Ruzicka asked if the transformation of the business from what it was originally intended, a restaurant, to what it currently is, a nightclub, had anything to do with the tremendous delay in issuing a business license. Mr. Anderson responded, not to his knowledge. The application originally received by the Business License Division was for a restaurant and nightclub. Mr. Anderson explained to C/Kuo that the Business License Ordinance makes it a misdemeanor to operate without a license and they can be cited by the Sheriffs Department if they do operate without a license. Dennis Tarango, Diamond Bar Building Official, explained the two methods used for calculating occupancy load. In this case, the dining room does not have fixed seating, therefore, gross square footage is used to calculate the size and number of safety exits. The second calculation of an occupancy load of 650 was based upon a more precise plan. DCM/DeStefano explained that this is a review of the operation of the facility. A question before the Commission is whether it believes that this is the project it approved a year ago. If it is not, then what course of action does the Commission wish to take to remedy the situation. Jill Pierce, Owner of Platinum Club, stated that this is a family owned and closely managed business. The Platinum Restaurant is doing business in accordance with the original business plan application with almost no modifications. She is the Chief Financial Officer and intimately involved in every other aspect of the business. Chris Pierce is the Manager of the nightclub. The business has been successful which she believes breeds enemies and a certain amount of success scares some people. This is the first business that has been successful in that location. It was this Planning Commission that asked what made us think we could do something that the previous owners were unable to do. We carefully studied the demographics of the community and expected to do well. This is an upscale club, which requires a business attire dress code. The facility has turned away hundreds of prospective patrons who are not properly dressed, many of who change their attire and return to the facility. This diverse facility is successfully operating on every level. Some portions of the business have been more successful than other portions. She said she believes that there has been hearsay and misrepresentation of certain facts. Several prior speakers have used the term "overcrowding." The facility has never been overcrowded according to the City's occupancy calculation. The City's Building and Safety Department has been the most professional organization that the business has worked with. In spite of the fact that they have never cut the business any slack, Building and Safety is a department that exemplifies Diamond Bar's credo for being "business -friendly." In her opinion, 650 people in a 9,000 square foot building is not an inappropriate calculation. Each time the facility has been given an occupancy level the number has been posted in every room as OCTOBER 10, 2000 PAGE 6 PLANNING COMMISSION required. Never on a single night has the facility exceeded the occupancy level. She explained that because of the security system in place management knows how many people are in the building at any given time. When the count reaches 50 people or more under capacity, the door is held. When two people go out, two people come in, etc. On September 18, she was told that it is the responsibility of the City's .Building and Safety Department to calculate occupancy and she was surprised to hear the Fire Department personnel state this evening that the Fire Department is considering a new occupancy number. That is a problem for Platinum because every 500 people is a million dollars to the facility. Jill Pierce stated that the name of the business is Platinum Restaurant & Nightclub, which is the legal name and the name under which the original business application was made to the City. With respect to parking, the new staff report has confirmed the original parking calculation in accordance with the City's Development Code. She does not believe it is true that people are parking in other business lots. On average, there are three people to a vehicle. Although Platinum tells people where to park, people can park wherever they choose. It is easier for patrons to park in the Kmart parking lot than in the restaurant parking lot. Kmart closes at 10:00 p.m. and nightclub patrons do not come until 10:00 p.m. Platinum did not anticipate a problem with Kmart and Kmart did not post signs disallowing parking. About six months ago Kmart put up signs that specify no overnight parking, no truck parking, no for sale signs and no unauthorized use. Kmart began to tow cars. Platinum is very concerned about the community. Every problem brought to the businesses attention has been addressed. She called Kmart and offered a release of liability for anything that may occur on their premises. Further, she offered to pick up the trash from the parking lot each night and Platinum's security will patrol the area. In addition, a security car will drive through the Kmart parking lot to make certain that there is no loitering or other problems. All that Platinum asks is that its patron's cars not be towed. Kmart said no and never provided a reason. She stated that the Platinum personnel observed vehicles belonging to persons of a certain ethnicity being towed. Platinum has a problem with its landlord. SX Diamond Bar owns one contiguous property on which the Diamond Bar hotel and the Platinum businesses reside which allows for shared parking. In her opinion, there is no question that Platinum has 290 shared parking spots on this property, which is more than sufficient for what is required. About six weeks ago the property owner put up barricades to prevent Platinum from parking on what they considered the hotel's side of the parking lot. Platinum is pursuing legal action to prevent this type of action because it is a breach of the lease agreement. When Platinum originally considered this site, the building was in horrible disrepair. Platinum spent $200-300,000 to bring this building to its current condition. She suggested that the City look into the matter of their favorable lease agreement and the success of their business as it relates to the current proposed sale of the property by SX Diamond Bar. From the time that Platinum became aware that their patrons were parking in the Chinese restaurant parking lot, it has posted OCTOBER 10, 2000 PAGE 7 PLANNING COMMISSION security guards in the street so that after 11:00 p.m. they are prevented from parking in the Chinese restaurant parking lot and in the Kmart parking lot. Further, she offered to provide the Chinese restaurant and Continental Burger with lease agreements for use of their parking lots after 11:00 p.m. Both businesses declined her offer. Jill Pierce said she believes that this Conditional Use Permit review is selective and unfair. She believes that Platinum is being singled out when identical businesses are not. However, this can be a positive experience if issues are resolved. Her family is very community oriented. She is a board member of the Chamber of Commerce and doing what she can to encourage new businesses to locate in Diamond Bar and not have to face the kinds of problems that Platinum has experienced. Within the first six months, Platinum applied and paid for, all of the required permits. With no disrespect intended, she believes they have done everything within their power to proceed and she lays the delay squarely on the Fire Department. Every time Platinum believes the issues are resolved, there is something new even if it involves something that was previously provided. She quoted from a Fire Department memo dated in April 5, 2000, that says "Inspector Gomez and myself (Inspector Vaganero) made an inspection of the Platinum and all violations except for the alarm system was completed." When the fire alarm system was finally installed and certified after four months, she believed that the matter was resolved. However, when the referral form was signed and sent in, there were five or seven new items listed. From the very beginning, Platinum has done nothing new with this building, use and occupancy. On August 2 when the Fire Department finally signed off on the $30,000 alarm system, Platinum should have been done and we should not be standing before the Planning Commission tonight explaining why the business license hasn't happened. Three weeks ago the Fire Department found further violations so threatening (a fan in the doorway which was immediately removed, a credenza in the upstairs hallway, a low battery reading on the alarm system which the security company said posed to problem) that it considered closing the restaurant by force on Saturday, September 16. Platinum was not advised about these violations by the Fire Department, instead, learned about them by accident on Friday, September 15, and quickly moved to remedy them. Any representation that Platinum owners have been "dragging their feet" is unfair. Chris Pierce explained that the Sheriff's Department has been very helpful and accommodating to the Platinum Restaurant. He pointed out that most of the service calls included in the staff report involved guests of the Best Western Hotel and took place on nights when the Platinum Restaurant is not open. Platinum requested that the City advise them of any complaints they receive and they have received only two, both from the same person. During a meeting with Captain Yim, he explained that Platinum provides its own inhouse security because it does not want to be a drain on police resources. He said he was told by Captain Yim that the Sheriff's Department must be called in specific incidents. OCTOBER 10, 2000 PAGE 8 PLANNING COMMISSION Further, he stated that Captain Yim gave his word that Platinum would never be accused of being a drain on Sheriff's Department resources as a result. He reiterated the restaurant's strict dress code. VC/Zirbes said the issues seem to center around the nightclub portion of the facility. He was led to believe that Platinum was intended to be an upscale restaurant, which is verified through testimony received by the Planning Commission a year ago. When a business begins to impact surrounding businesses and residential neighbors the City has to consider those impacts. Jill Pierce explained how_ Platinum has provided a positive impact to neighboring businesses. Platinum customers are also patrons of the hotel, McDonald's, Continental Burger, Carl's Junior and Chevron. Platinum is in a C-1 Commercial Zone, which permits a restaurant operation. Because Platinum wanted dancing, entertainment, outdoor dining and had a pool table, it needed to come before the Planning Commission. The representation by others that Platinum was intended to be a restaurant only is incorrect. The name of the business is Platinum Restaurant & Nightclub and was never intended to be anything else. Platinum did not need a Conditional Use Permit to be a restaurant. Platinum came to the Planning Commission for a dancing and entertainment permit. C/Tye said he sat on the Planning Commission when this CUP was approved in August 1999, and he takes exception to Ms. Pierce's contention that Platinum was always represented as a restaurant and nightclub. Attachment #2 is Conditional Use Permit application, which says that the applicant is the Platinum Restaurant and the use applied for is on-site liquor sales, dancing, entertainment, outdoor dining and billiards. There is no reference to Platinum Restaurant and Nightclub. Why would the applied for use under the Conditional Use Permit be different than what is stated on the County License Application as indicated by Mr. Anderson. Jill Pierce responded that the space on the application was too small to fit the complete name on the handwritten form. However, every piece of paper that was submitted said Platinum Restaurant & Nightclub. The very statement that the use applied for is dancing, entertainment, outdoor dining and billiards was, in her mind, sufficient to let everyone know the reason for the Conditional Use Permit. C/Tye said he would not and did not take from that, that it would mean a nightclub to the degree that is advertised today. The response to the Commission's question about how Platinum expected to be successful when others had failed in that same location and business was that there was nothing quite like it in Diamond Bar - people are anxious to have a fine dining and entertainment facility. He does not take that to mean a nightclub. If the application had specifically stated "nightclub" the Planning Commission could have OCTOBER 10, 2000 PAGE 9 PLANNING COMMISSION reviewed the project on that basis and addressed some of the issues that the Planning Commission is currently addressing because those issues would be anticipated from a "nightclub." DCM/DeStefano stated that five copies of a book were given to the Planning staff at about 4:30 p.m. on Friday by Ms. Pierce who asked that they be delivered to Planning Commissioners with their agenda packets. Staff was not provided with a copy of the book and is not aware of its contents. ACA/Steele indicated to C/Tye that he may refer to the book provided by Jill Pierce. C/Tye quoted from Page 2 of the October 6 letter written by Jill Pierce addressed to the members of the Diamond Bar Planning Commission that she believes "that the motivation to conduct the review is by some people, motivated by racial profiling and personal agendas related to money." He said that during the past twelve months, whether they agreed or disagreed, he has found Jill Pierce to be someone with whom it could have an exchange. He finds her statement to be outrageous and disappointing. He further quoted from the . letter that "this is a serious accusation but one that is founded. There are a few residents that have commented on the racial mix of our customers..." which he has never heard - not from the staff, not from this body, nor from anyone with whom he has discussed Platinum. He continued quoting "and there are high ranking City government employees who have done so as well." If these statements are founded, back them up. Jill Pierce said she has been told by a number of sources that the Mayor has made prejudicial comments regarding the fact that we (Platinum) are not good for the community because we (Platinum) market to Hispanics and blacks and that is not what Diamond Bar is all about. That type of comment has come with many voices. Additionally, residents have stopped by the restaurant and said very inflammatory things about how dare we bring these black people into their neighborhood. And used other words as well, like maybe we're just soul train and a number of comments like that. The Chinese restaurant has said that they are afraid of our (Platinum) gang members. The people who visit Platinum are professional people and many happen to be of color. With respect to the issue of money, she said she was referring specifically to her landlord who through the motivation of money, in her opinion, is stirring up a lot of problems. C/Tye said he has known Mayor O'Connor for 15 or 16 years. If you (Jill Pierce) did not hear Mayor O'Connor say those words, he will assure her that Mayor O'Connor did not say those words. Before putting such statements in writing and before making such a reference he would urge her (Jill Pierce) to either confront Mayor O'Connor or to not repeat such statements because it is no more than gossip. OCTOBER 10, 2000 PAGE 10 PLANNING COMMISSION Jill Pierce said she made the explanation at C/Tye's request. There is no mention of Mayor O'Connor in her written statement. C/Tye reiterated that if Jill Pierce did not specifically hear the statement directly from Mayor O'Connor she ought to seriously question the people that she is relying on for that information. C/Ruzicka said while it is true that Platinum is the such first business to be successful in that location there is a problem confronting the Commission. Hopefully, the parties involved can arrive at a reasonable approach to a solution so that neighboring businesses and residents can co -exist with Platinum. He was on the Commission when it originally approved Platinum's CUP. His concept was that Diamond Bar would have a Platinum facility that would be a high-end type of restaurant in the category of a Chasens. And yes, there was going to be a Bistro, with occasional entertainment. He does not believe that anyone at the time expected there would be a nightclub in that area because if the Planning Commission had anticipated a nightclub operation, it likely would have conditioned the CUP approval accordingly. He asked if Ms. Pierce considered asking the City for an amendment to the CUP. He stated that Ms. Pierce has mentioned on several occasions this evening that Platinum is being singled out for review, which he believes is not true. Platinum happens to be a very high profile business in Diamond Bar that is attracting large number of people. No one that he has ever spoken with on this matter has ever mentioned that it is a racial problem in any way. It is the number of people who visit the establishment and that is the only thing that people are talking about. The City wants Platinum to be extremely successful and the City has got to insure that Platinum's success brings everyone around the site comfort rather than the discomfort that the establishment is currently presenting. Jill Pierce said that the owners believe, did believe then and believe to this moment, that the application was completely clear as to the intent of the business. People are using the term "nightclub" as though it were not interchangeable with dancing and entertainment. Our nightclub (Platinum) provides dancing with a DJ and provides for the consumption of alcohol, which is exactly what the original application stated. To say that Platinum should apply for modification implies that Platinum is somehow doing something outside of the intended use. C/Ruzicka believes that the applicant had a very clear understanding of their intent. However, it did not come across that way to the Planning Commission. He asked if the applicant received a copy of the Sheriff's report which contains 150-200 incident reports with respect to their service calls in the restaurant's location. He suggested that the applicant share cross -information with the Sheriff's Department. The Planning Commission is not trying to do anything to destroy the business. A year ago, the Planning OCTOBER 10, 2000 PAGE Yl PLANNING COMMISSION Commission made every effort to be as business -friendly as possible because Diamond Bar needs good and successful business. However, in the case of Platinum, there are problems which need to be confronted in a constructive manner. Jill Pierce stated that she has attempted to clarify the fact that the problems are not as significant as others have indicated. They have explained the parking situation and she believes there are no outstanding issues with respect to customers parking in neighboring businesses parking lots. Platinum believes it has helped neighboring businesses to be more successful. All adjacent business are either closed by 10:00 p.m. or have drive-through windows. Several businesses in the area are very pleased about the success of the establishment. She strongly objects to the Sheriff's Departments' analogy of the situation. The Platinum has had a very insignificant number of service calls to the Sheriff's Department related to the type of business conducted. If she had been provided adequate time she would have visited comparable businesses in neighboring cities and gathered statistics that would show that the number of service calls that Platinum has are minute by comparison. Some of the Sheriff's Department's roll-throughs are conducted as a normal course of business. Platinum has never called the Sheriff's Department. Sgt. Flannery alluded to peripheral issues. Many deputies have indicated those incidents are not the responsibility of Platinum. In addition, the Platinum is in an ideal location to receive a large number of people. Platinum does not have an issue related to service calls. Jill Pierce responded to C/Ruzicka that although she had the number of the CUP which had been issued to the prior business, no one could locate the CUP which was to run with the business. As a result, Platinum had to make a new application. Prior businesses such as Cancun and Mirage were conducted in the same manner. If Platinum had found the CUP that ran with the land, it would not have had to come before the Planning Commission for a new CUP. ACA/Steele said that Mrs. Pierce is correct that CUP's run with the land. Whether or not it would have been applicable in this case depends upon what was reviewed and approved in the foregoing Conditional Use Permit. DCM/DeStefano responded to C/Ruzicka that staff was not made aware of any CUP that would have accommodated the uses that were requested in July 1999. The prior business had been closed for a long period of time and it had been operated over a number of years prior to that time with.a variety of uses occurring at that location, primarily as a restaurant. The new Development Code that came into effect in May 1999 required a Conditional Use Permit for the types of activities mentioned, entertainment and alcohol sales in particular. OCTOBER 10, 2000 PAGE 12 PLANNING COMMISSION C/Kuo said that the original application and business plan submitted by the applicant do not contain the term "nightclub." He asked the City Attorney to explain the difference between restaurant, entertainment, dancing and a nightclub. Until tonight, he has not seen "nightclub" on any documentation. He asked staff to clarify the business name misunderstanding. He said he is not concerned about the people who are inside Platinum. The problem is with the unwanted guests, which number up to 200 people. The complaint from the Fallcreek Homeowners Association addresses the fact that people wander around outside of the parking lot, make noise, fight, cause traffic problems, etc., which disturbs the surrounding businesses and residents. He asked Platinum how they will handle the problems that occur outside of the restaurant. Chris Pierce responded that it is the job of Platinum's security guards_ to escort people out of adjacent areas and put them in their vehicle and send them home. People are not allowed to wander around the parking lot. If potential patrons do not meet the dress code and remain on the premises they must stay inside of their vehicles. He believes that the Sheriff's Department's answer to the question of whether they have ever had to come to Platinum and witnessed a fight in progress, had to get involved in a physical confrontation with anyone, or to make an arrest the answer would be no. Service calls to Platinum have been made simply to make a report. They have never had to arrest a single customer at Platinum. When Platinum had an incident of a pickpocket, Platinum's security people arrested that person and turned him over to the Sheriff's Department. Security pays as much attention to the exterior as to the interior. The people who cause the problems are outside of the Platinum parking lot, which is why Platinum concentrates on security the entire length of Gentle Springs Lane. Platinum's weekly security budget is $4,000. DCM/DeStefano responded to C/Kuo that an application for a Conditional Use Permit and Minor Conditional Use Permit was filed on June 28, 1999. Six times within that application the term "Platinum Restaurant" is used. The use applied for is listed as a Type 47 on-site liquor sales, dancing, entertainment, outdoor dining and billiards. The Conditional Use Permit requires an Initial Study for environmental review purposes. The Initial Study contains the name of the project applicant and it is handwritten by the operator as the Platinum Restaurant. The action requested and project description is a CUP for dancing, entertainment, outdoor dining and billiards. The applicant's environmental information further provided in the environmental form that applicants are required to complete lists the project as being the continued use of an existing restaurant and bar. The applicant, Chris Pierce, signed the environmental form on June 22, 1999, for the Platinum Restaurant. There is a second environmental checklist form. The name of the applicant is the Platinum Restaurant. The address and phone number of the proponent is the Platinum Restaurant at 245 Gentle Springs Lane. The business plan that was prepared by the applicant/operator that was given to the City and presented to the Planning Commission in the staff's report that discusses the Platinum, Inc. Restaurant Business Plan. On page 2 of OCTOBER 10, 2000 PAGE 13 PLANNING COMMISSION the Restaurant Business Plan it discusses ownership of the corporation and it discusses the various players including specifically the statement about Christopher Pierce who has a background in business and restaurant bar nightclub for seven (7) years. It further states on page 2 that Chris Pierce will focus on the restaurant management, dancing, bar activities. On page 3 of the Restaurant Business Plan under business use restaurant, it states that the business is anticipated to generate 60 percent of its revenues in the area of restaurant food. There is a banquet statement on page 4 discussing the upstairs area that has been used by various operators as a banquet over the years. In the banquet discussion, it discusses weddings and other types of activities. On page 5, the Business Plan discusses dancing and discusses that the main floor of the restaurant appears to have been built for a beautiful dance floor. It indicates that in the evening from 10:00 p.m. to 2:00 a.m. this area would be -used as a dancing facility anticipated to generate revenues of 20 to 40% in the future. And it discusses on page 5 a wine cellar that could be used for meetings, Christmas parties, overflow and etc. Following page 7 on an un -numbered page, there is a discussion regarding the detail of the entertainment use. It is for the Platinum Restaurant, and it discusses dancing in the dining room after 10:00 p.m. until 2:00 a.m., music to be provided by a DJ. It also discusses the possible nights of Karaoke, standup comedy and folk singer on an adjoining page. Ms. Pierce wrote a memorandum to a member of the City's staff on June 29, 1999, that is regarding an application for a Conditional Use Permit - Platinum Restaurant. The only area within the application that discussed dancing appears to be within the restaurant portion of the facility. These are the representations provided by the . applicant and conveyed to the Planning Commission in August 1999, when it was considering this application. In fact, in several paragraphs of information that were within the business plan, were repeated in the staff's report as the application for use at this location. ACA/Steele stated that the Diamond Bar Municipal Code sets forth the definitions for the Zoning Code. It defines a restaurant with table service as a retail business selling food and beverages prepared on-site where most customers are served food at tables for on -premises consumption. These restaurants may also provide food on a take-out basis where take-out is clearly secondary to the table service. The Code defined bars and nightclubs as businesses that are not part of a larger restaurant where alcoholic beverages are sold for on- site consumption. The definition includes bars, taverns, pubs and similar establishments where any food service is secondary to the main purpose of alcoholic beverage sales. It may include entertainment, for example, live music and/or dancing and may also include beer brewing as part of micro -brewing other beverages and tasting facilities. As DCM/DeStefano has indicated, the application is for a Conditional Use Permit to allow entertainment, dancing, etc. in conjunction with the Platinum Restaurant. There is a difference between approving an entertainment use in conjunction with a full-scale restaurant and approving a nightclub. OCTOBER 10, 2000 PAGE 14 PLANNING COMMISSION DCNMeStefano stated that the parking requirements that were referenced at one space for every 75 square feet being the same for a nightclub as for a restaurant is what the City Code states. However, the City Code also states that those are minimum standards and the City Code specifically states that additional parking spaces may be required through a discretionary entitlement application. This was a discretionary entitlement application. Staff's representation to the Planning Commission was based upon the information the City received from the applicant. It did not include a nightclub. Jill Pierce stated that the application asks about the use and the applicant says it is for dancing and entertainment, which is the business being conducted. Platinum calls itself a nightclub and maybe that is the wrong name. Perhaps Platinum needs to file a fictitious business name of Platinum Restaurant and Club, or Platinum Restaurant and Par, or Platinum Restaurant and Entertainment. She believes the title'of nightclub is hairsplitting. Throughout the application and the business plan the application has always said "dancing and entertainment" which is exactly what is happening - nothing more, nothing less. Platinum believes that it has existed and operated within its Conditional Use Permit with respect to its approval for occupancy and entertainment. Chair/Nelson asked if during discussions with the Sheriff's Department the idea of uniformed Sheriff's officers on-site on busy nights was discussed to which Jill Pierce responded "yes." Chris Pierce indicated that during a meeting with Sgt. Flannery, Captain Yim, and a lieutenant, they talked about things they considered to be issued. Sgt. Flannery essentially told them what he said tonight, that the Sheriff's Department does not have issues with Platinum but with the impacts of Platinum patrons to surrounding areas. Platinum suggested that they hire and pay for one of the patrol cars to be available at the site or on any big night. The officers thought it was a good idea and Platinum thought it was a good idea. The same discussion was held with Deputy Perkins and Captain Martinez. Chris Pierce indicated that if the Commission wants Platinum to hire a sheriff's patrol car on an ongoing basis he would absolutely be willing to do so. He believes it would be good for the community. Chair/Nelson said that given the current use, what would staff propose as the required number of parking spaces. DCM/DeStefano responded that he is unable to provide a definitive answer. Had staff known it would have investigated other similar facilities in communities and determine the appropriate number. He assured the Commission that staff would have recommended more OCTOBER 10, 2000 PAGE 15 PLANNING COMMISSI®N than 100, 108 or 119 proposed as appropriate for the uses applied for. The number would more likely have been closer to 300 to 350 for an occupancy anticipated at a maximum of 650. Chair/Nelson asked how many spaces would be available if the barrier was not in place between the hotel lot and Platinum's parking lot. Jill Pierce indicated that there are 290 parking spaces available for both facilities. The hotel has a very low volume. Prior to the barrier, a Platinum security officer prevented vehicles from parking in about 30 spaces adjacent to the hotel, whether or not they were used. Therefore, there would be approximately 250 parking spaces available to Platinum. Additionally, there are 50 to 75 spaces on the street. DCM/DeStefano stated that there are 80 rooms at the hotel. The issue for Platinum is the availability of secured parking through proper agreements. Whatever use is approved, how many parking spaces are required, where are those parking spaces secured, and understanding their impact to adjacent businesses. Chair/Nelson asked if the Platinum is requesting a continuance at this time. Jill Pierce responded that Platinum is requesting a continuance due to the voluminous nature of the materials involved and the short amount of time to deal with the material. If it is the intent of the Commission to revoke the Conditional Use Permit or place restrictions on the Conditional Use Permit that would seriously impact the business, Platinum would request a continuance to allow time to react and to allow the business license process to be finalized. C/Ruzicka said that.if a continuance is granted, he would like to know what kind of effort there has been to have a request for an amended CUP; has there been any effort on the part of the applicant to work out any kind of written reciprocal parking agreements with any of the adjacent business/neighbors, and to give staff the appropriate time to determine a real figure with respect to a reasonable number of parking spaces that had to be available to Platinum; what kind of PR has Platinum done with the Fall Creek Homeowners Association to address their concerns, and has anyone contacted and had an appointment with a representative of the Fancher Development Services with respect to Kmart and their concerns which may provide a format for helping to solve the parking problems through a business -friendly agreement. VC/Zirbes said he believes he has a good understanding of what occurred a year ago and what is occurring today. He asked that staff determine a parking number, which he believes will be based upon a maximum occupancy load that the Fire Department will OCTOBER 10, 2000 PAGE 16 PLANNING COMMISSION determine within the next few days. He is interested in hearing from the applicant's neighbors about problems they have experienced with the facility. C/Tye would like to know who is responsible for calculating occupancy. Is it the County or Building and Safety. He would like for the Fire Department to state that the matter of occupancy is the final issue. Chair/Nelson re -stated the issues: Who determines occupancy; what the occupancy dictates in terms of the number of the available parking spaces; and the matter of parking spaces under the approved use as well as, the existing use; some idea from other establishments of this type with respect to parking. He also asked the applicant to find out more about an arrangement to have on-site uniformed officers outside the club and keying the traffic light to prevent a backup traffic problem. C/Tye asked for clarification of whether a Type 47 license as specified is appropriate for the current use. DCM/DeStefano responded to Chair/Nelson that a one month continuance is appropriate for response to the Commission's concerns. He stated that staff will share information with the applicant as it becomes available. The final staff report will be distributed prior to the November 28 meeting. Chair/Nelson opened the public hearing. Joel Haber, 356 South Prospectors, Unit 74, said he does not hear any noise. He has walked out of his complex, opened the back gate and he does not hear any noise until he gets to the driveway of the hotel. Noise is not an issue to him. There was a trash problem at one time, which was brought to the attention of the owner and the matter has been resolved. He is retired, walks down Gentle Springs Lane every morning and he does not see the trash referred to in the letter. He does not see traffic as a problem. On occasion, he drives down Gentle Springs Lane. There is a security person present who tells him to drive right on through to his complex. As far as the letter (Fall Creek Homeowners Association) they are concerned about the guests of the club. He interprets that statement differently. The guests of the club are a concern to the people of the community and it should not be an issue. He has heard comments about the guests who attend the club. He has heard a lot of give and take in this issue. The owners (of Platinum) have really cooperated with the City and they have done nearly everything they are supposed to do. He would like to see the cooperation, and give and take, continue to an agreeable conclusion to keep this place open. It is a fine establishment. He has eaten there and enjoys going to the facility. OCTOBER 10, 2000 PAGE 17 PLANNING COMMISSION Robert Coventry, 1950 S. Brea Canyon Road, Suite 220, Diamond Bar, speaking on behalf of the Diamond Bar Chamber of Commerce Executive Committee, took a unanimous vote this morning to support any business in Diamond Bar that brings tax revenue into the community and helps area businesses. The Chamber is dedicated to working with adjacent businesses to seek their cooperation in reaching amicable conclusions to issues of concern. On a personal note, he enjoys the food at Platinum. His Rotary Club had a party at Platinum and his wife's shower was held at Platinum. He would like to see Platinum remain open. Rudy Munoz, Manager, Best Western Hotel, 259 Gentle Spings, Diamond Bar, said he has had many problems with parking and loud music. He does not rent to many of the Platinum patrons because he does not want problems. He has called the police several times. He has nothing against Platinum being successful but the nightclub has ruined the hotel's weekend business. He has 98 units to rent and three meeting rooms with 100, 80 and 20 person occupancy, respectively, which he rents on weekends. Four weeks ago he put up banners, which were taken down by Chris (Pierce). He cited several incidents that occurred on his property. He has witnessed several fights in the parking lot. He is not against Platinum using the parking lot but he is concerned about parking spaces for his guests. Hotel guests complain about the loud music coming from the outdoor patio area on weekends. He has had to hire security for Thursday, Friday, Saturday, and Sunday, to keep vehicles out of his parking lot. Platinum patrons have been seen urinating on hotel grounds when they are denied access to hotel restrooms. C/Ruzicka asked Mr. Munoz if he has ever attempted to sit down with the Pierce's to mediate these problems. Mr. Munoz responded that one attempt ended in an unfriendly manner. SX Diamond Bar, 254 Gentle Springs, Diamond Bar, stated that as a landowner, they want Platinum to be successful. However, we are shocked to learn that the capacity has been increased from 356 to 650 people. The support structure and especially the parking spaces are insufficient to accommodate the patron's vehicles. There is a severe parking shortage for 650 people when only 103 parking spaces are provided. Consequently, Platinum has demanded and threatened to sue for more parking spaces from the hotel side. In addition to the parking problem, there is the matter of Platinum patrons asking to use the hotel's restrooms. According to the original design, the restaurant can accommodate only 356 people. The CUP provides for 103 parking spaces. By increasing the capacity of the restaurant from 356 to 650 people, the landowner becomes involved. The landowner cannot provide that much parking because SX Diamond Bar needs to provide adequate parking for the hotel guests. Letting Platinum guests park near the hotel defeats the effort to provide hotel guests a peaceful and quiet environment for their rest. SX Diamond Bar OCTOBER 10, 2000 PAGE 18 PLANNING COMMISSION strongly suggests that the City take action to find additional parking spaces for the facility or restore the capacity to 356 as originally requested. SX Diamond Bar stated that about 100 parking spaces are needed for the hotel. In addition, parking spaces are needed for the meeting room occupants. The hotel has no additional parking spaces to release to Platinum. Platinum has threatened SX Diamond Bar through an attorney to provide more parking space. Platinum is entitled to only 108 parking spaces according to the Conditional Use Permit. If the landowner lets Platinum patrons park in the hotel parking lot there are a number of problems because restroom facilities are inadequate. Platinum patrons urinate on the hotel grounds when they do not have access to restrooms. SX Diamond Bar responded to VC/Zirbes that the Platinum lease does not describe the parking. C/Tye clarified that Mr. Faber referenced the October 6 letter from the Fall Creek Homeowners Association. Point number 5 talks about guests and says that "blocked traffic as a result of the amount of guests that go to the club," not the type or race or any other reference to a guest. Unless there is some other correspondence that Mr. Haber refers to, he wants that point made very clear. VC/Zirbes asked staff to determine whether a number of parking spaces are provided on the CUP for the hotel and is this a matter the Commission needs to consider with respect to a possible shared facility. C/Kuo asked that public speakers indicate whether they have a strong objection to Platinum continuing to do business. ACA/Steele cautioned the Commission not to ask for directed comments. Angela Pierce diDonato, resides at 23826 Prospect Valley Drive, Diamond Bar, lives walking distance from Platinum. Jill Pierce is her mother. She believes that it is important to note that she is an attorney and her husband is a supervisor for the health department. She and her husband tend bar at Platinum on the weekends. On weekends when they do not work, they bring their friends and colleagues from Los Angeles County, Orange County and Riverside County to enjoy the Platinum Restaurant & Nightclub. Many professionals that live and work in the City of Diamond Bar avail themselves of Platinum's services. Regarding the term "nightclub," Platinum is not the stereotypical nightclub. She believes the facility has been presented accurately. A wide variety of ethnic groups and ages enjoy this upscale, classy facility. She cited this month's Mayor's Corner in which Mayor O'Connor sites the fact that there are a lot of vacant store fronts in the City of Diamond Bar OCTOBER 10, 2000 PAGE 19 PLANNING COMMISSION and that Diamond Bar has a duty to try and bring new businesses into the City so that it may flourish and so that its residents may have more options. Platinum has succeeded because of her mother's determination. Duch effort has been made to reach out to the residents and businesses in the community to bring a happy resolution to these concerns. C/Ruzicka moved, VC/Zirbes seconded, to continue the Public Dearing review of Conditional Use Permit No. 99-4, Minor Conditional Use Permit No. 99-9, to November 28, 2000. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nefson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None CESS: Chair/Nelson recessed the Planning Commission meeting at 10:30 p.m. CON Chair/Nelson reconvened the Planning Commission meeting at 10:35 p.m. 7.2 Conditional Use Permit No. 1998®09(1), Development Review No. 1998®11(1), and Mnor Variance No. 2000-19 (Pursuant to Code Sections 22.58.010, 22.48.020(A)(2), and 22.52.020(D)) is a request to amend Conditional Use Permit No. 1998-09, Development Review No. 1998-11, and to approve a Minor Variance for a decrease of 20% in the number of required off-street parking spaces to accommodate on-site seating for twelve at Togo's. PROJECT ADDRESS: 1193 Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: J. Coleman Travis Trust C/O: Glacier Peak Management Services, Inc. 7955 Dunbrook Road, Suite A San Diego, CA 92126 APPLICANT: Parker Holt -Doyle, LLC 1193 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Staff recommends that the Planning Commission direct staff as appropriate. Bob Parker, co-owner, Togo's Eatery, said he was given information that the City's Engineer was not conclusive after reviewing the site and would not make a determination. As a result, the applicant has request that this matter be continued. Togo's has been operational since August 2000, without seating. The Los Angeles County Health Department has approved the business license for 30 seats. A parking analysis was conducted on a similar site in Pasadena. The City's Engineer is requesting that a parking analysis be conducted on the actual site, which is the basis for requesting the continuation. Togo's has exceeded its expectations for the business without seating. He does not foresee any increase in the business due to seating which is merely a matter of convenience. According to the survey, there is sufficient parking available. Togo's and the Cathay Bank are the primary tenants who -co -share on-site parking. He believes there will be no adverse impact to the current parking situation. All of the leases are under a mutual use/shared parking agreement for parking in the center. Chair/Nelson opened the public hearing. There being no one present who wished to speak on this matter, Chair/Nelson closed the public hearing. C/Ruzicka moved, C/Tye seconded, to continue Conditional Use permit No. 1998-09(1), Development Review No. 1998-11(1), and Minor Variance No. 2000-19 to November 14, 2000. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None �n "'.ti I zip1 r 1�Q ;I, 2000-06 (Pursuant to Code Sections 22.48, 22.58 and 22.54) is a request to construct a three story office building of approximately 129,000 square feet with a child day care facility and parking structure. The proposed Variance is for a crib wall of approximately 13 ft. exposed height. 1440 Bridge Gate Drive (Lot 16, Tract No. 39679) Diamond bar, CA 91765 Bridge Gate Partners, LP 5670 Wilshire Boulevard, Suite 1240 Los Angeles, CA 90036 Staff recommends that the Planning Commission approve Development Review No. 2000- 12, Conditional Use Permit No. 2000-07, Variance No. 200006, Findings of Fact, and conditions of approval, as listed within the resolution. VC/Zirbes recommended that Condition (bb) be added to page 16 of the Draft Resolution to read as follows: "The applicant shall be assessed a fair -share cost at approximately four (4) percent of the total impact costs associated with improvements identified to be submitted to the City prior to issuance of a permit." Ted Green, President, Trenton Group, thanked staff for their efforts toward providing the City with a Class A building. It is the applicant's objective to abide by all of the guidelines presented. With respect to VC/Zirbes concern regarding the child care center, the current guideline is attempting to use a total of 80 children. According to the State Code, there is sufficient space to accommodate 60 children. It is the applicant's intent to have it at 80 and changes will have to be made to the site to allow 80 children on the site. Therefore, the site will be increased to 6,000 square feet if 80 children are permitted to be at the site. However, the applicant wants the flexibility to limit the number of children to 60 for the current proposed square footage. Chair/Nelson opened the public hearing. There being no one present who wished to speak on this item, Chair/Nelson cl _ ed the public hearing. VC/Zirbes moved, C/Ruzicka seconded, to approve Development Review No. 2000-12, Conditional Use Permit No. 2000-07, Variance No. 2000-06, Findings of Fact, and conditions of approval, as listed within the resolution, with the addition of Condition (bb) on page 16 as previously stated. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: COMMISSIONERS: 8. PLANNING fir. 11 l `. E COMMISSION ;,j °'.. "` 4 Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson None None None offered. DCM/DeStefano stated that the State Department of Housing and Community Developing is reviewing the Draft Housing Element, a copy of which has been provided in tonight's packet. Staff anticipates receipt of comments in early November for discussion at the November 14 Planning Commission meeting. DCM/DeStefano referred to a communication from CA/Jenkins regarding the number of cell sites that can reasonably be located on a given piece of property. The opinion states that the number of sites can be limited on a given piece of property taking into consideration certain factors, but that it more appropriately should be done through a Development Code Amendment. As listed in the agenda. There being no further business to come before the Planning Commission, Chairman Nelson adjourned the meeting at 11:08 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Steve Nelson I 7.1 • ••- 1 111 October 26, 2000 Development Review No. 2000-11, Minor Variance No. 2000-06, Tree Permit No. 2000-03 and Minor Conditional Use Permit No. 2000-06 To construct a three-story (two-stories/basement) single family residence with a five car garage, decks and balconies totally to approximately 10,460 square feet. The request also includes a swimming pool, two spas and rear retaining wall with a maximum six foot exposed height. 23415 Pleasant Meadow (Lot 22, Tract No. 23453) Diamond Bar, CA 91765 Mr. Surinder Bhogal 9566 Houghton Avenue Santa Fe Springs, CA 90670 The property owner, Mr. Surinder Bhogal is requesting approval of Development Review No. 2000-11, Minor Variance No. 2000-06, Tree 1 Permit No. 2000-03 and Minor Conditional Use Permit No. 2000-06 (pursuant to Code Section 22.48.020, 22.38.020, 22.56.020, 22.30.080 and 22.52.020). Approval of this request will allow the construct of a three-story (two -stories and a basement) single-family residence with a five car garage, decks and balconies totaling to approximately 10,460 square feet. It will also allow the construction of a swimming pool, two spas and rear retaining walls with a maximum six foot exposed height. The project site, is located at 23415 Pleasant Meadow (Tract 23483, Lot 22) within a gated community identified as "The Country Estates",. It is a vacant lot, somewhat rectangular shaped, widening and sloping down toward the rear property line into a ravine. The topographic difference from street level to the ravine is about 120 feet. The project site is approximately 2.44 gross acres (2.32 net acres). According to Tract Map No. 23483, the project site does not contain any easements or restricted use areas. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and zoning designation of Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1- 40,000). Generally, the following zone surrounds the project site: to the north, south, east and west is the R-1-40,000 Zone. This project's processing requires four applications, Develop- ment Review, Minor Variance, Tree Permit and Minor Conditional Use Permit. Several of the referenced applications do not require Planning Commission Review. However, pursuant to the Development -Code, all applications are process together. Therefore, the Planning Commission is the review authority for all applications. The purpose of Development Review 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. In this case, the process will also ensure that the proposed project's development yield a pleasant living environment for the residents and visitors as the result of consistent exemplary design. The purpose of the Minor Variance is to allow for a minor adjustment in development standards. 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 2 application of the Development Code) 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 develop- ment standards. For this project, the applicant is requesting a 20 percent decrease in the required front yard setback. The purpose of the Tree Permit is to protect and preserve oak, walnut, sycamore, arroyo willow, naturalize California pepper and significant trees of cultural historical value and when removal is allowed as a result of new development to require their replacement. For this project, the applicant is requesting to remove, replace and protect oak and walnut trees. The purpose of the Minor Conditional Use Permit is to determine whether or not to allow the specified activities and uses identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for particular location. A Minor Conditional Use Permit will be reviewed for the location, design, configuration and potential impacts, thereby ensuring that the proposed use will protect the public health, safety and welfare. For this project, a Minor Conditional Use Permit is required because the applicant is proposing a driveway of greater width then permitted by the Development Code. Pursuant to Development Code Section 22.48.020, an application for Development Review is required for residential projects, which involve construction on a vacant parcel and new structures, additions to structures, and reconstruction projects which are equal to 50 percent or greater of the floor area of existing structures on site, or have a minimum 10,000 square feet of combined gross floor area. The proposed residential project is on a vacant lot with a gross floor area of approximately 10,460 square feet; therefore Development Review is required. The following is a comparison of the development standards set forth by the City's Development Code and the project's proposed development standards. 3 I 4 SETBACKS: MINIMUM FROM PROPERTY LINES (Residence: Front yard - 30 ft.; Side yard - 10 & 15 ft. with 25 ft. between structures on adjoining parcels; ® Rear yard - 20 ft.; BUILDING HEIGHT: 11® Two stories - maximum 35 ft.; IPARKING: I® Minimum two car garage (10' x 20' each); FENCING/WALLS: ® Maximum exposed height within the side and rear setback - 6 ft; ® Maximum exposed height within the front setback - 42 inches; ILOT COVERAGE: l® Maximum - 30 percent; PROPOSED PROJECT'S DEVELOPMENT STANDARD_ SETBACKS: FROM PROPERTY LINES Residence: Front yard - 24ft.; Side yard - 10 & 15 ft. with 25 ft. plus to next residence: ® Rear yard - 140 ft. plus; BUILDING HEIGHT: ® Two stories with a basement - 35 ft.; ® Five car garage (3 bays -10' x 20' each & 2 tandem bays -10' x 20' each); FENCING/WALLS: ® Maximum exposed height within rear - 6 ft; ® No walls purpose those within the front yard setback; LOT COVERAGE: ® 7.2 percent; The proposed project's development standards are in compliance with the required development standards as specified in the Development Code except for the front yard setback. The proposed front yard setback is 24 feet instead of the required 30 feet, hence the Minor Variance discussion below. The proposed project has also obtained "The Country Estates" architectural committee approval. Architectural Features and Colors The proposed residence's architectural style, as referred to in the application is Mediterranean. This style is compatible with 0 other residences in 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: Stucco Colors Highland Stucco - 173 Shell #1 (medium off-white) Roof Life Tile Company - "Espana #108 Mission Sunrise" Facia Trim Dunn Edwards - #701-1 (pure white) The proposed materials/colors board is compatible with other residences within the area. Floor Plan A floor plan is included as part of Exhibit "A". The proposed single-family structure's first floor (at street level) contains a foyer, living room, dining room, kitchen with pantry, breakfast nook, family room with bar, powder room, two bedrooms each with a bathroom, office, laundry room, exterior balcony, exterior deck with a jacuzzi. The first lower -level floor (below the street level floor) contains a master bedroom with master bathroom and two walk-in closets, three bedrooms, playroom, storage area, five car garage and exterior deck/balcony. The second lower level (basement) contains a recreation room with bar, maid's room with bathroom, sauna/shower room, storage room and exterior patio. A total of 7 bedrooms are proposed with a five car garage. The garage is large enough to accommodate three full-size parking bays (10 feet by 20 feet each) and two full-size parking bays in tandem. The proposed circular driveway and driveway area that leads to the garage could accommodate four to five additional cars. As a result, staff believes that the numbers of bedrooms in relationship to the number of parking spaces that will be provided are adequate. Grading The grading plan indicates that proposed project would generate approximately 1,000 cubic yards of cut and 3,500 cubic yards of fill. The cut/fill work (utilized to create the pad area) will occur within the proposed pad area as delineated on the grading. Approximately, 2,500 cubic yards of earth will be imported. According to the soils report prepared by Soils and Geology Inc. and approved by Leighton and Associates, Inc. on June 19, 2000, the underlying bedrock is in a dense condition and will provide good foundation support for the proposed project. As stated in the approved soils report, it is expec for the proposed development will be s settlement, or slippage, provided the in the report are incorporated into th project plans, and job specifications. proposed grading will not affected the property outside the project area. Retaining Walls ted that the building site afe from landslides, recommendations contained e design considerations, Additionally,'the geologic stability of retainingReta * ining walls are proposed. One is a perimeter retaining wall locate adjacent to the rear portion of the proposed buildable pad. This wall will support fill for the buildable pad. The wall's maximum exposed height will be six feet. The plans indicated that four foot high wrought iron fencing would be placed on top of the wall. Pursuant to code, the wrought iron fence will need to be reduced to 3.5 feet. It will be required that this wall be an earthtone color. Another retaining wall is proposed adjacent to the driveway not to exceet an exposed height of four feet. Landscaping/Irrigation A landscape plan was submitted with this project's application. The applicant is required to submit a final landscape/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 slopes. The final landscape plan shall also delineate plant material utilized to screen the rear retaining wall which supports the buildable pad. All landscaping shall be installed prior to the project's final inspection or Certificate of Occupancy issuance. Residential Structure Setback Pursuant to the Development Code, a proposed residential structure in the R-1-40,000/RR Zone is required to maintain a 30 foot front yard setback. The proposed residential structure's front yard setback will be 24 feet. In this case and pursuant to the Development Code, a Minor Variance may be utilized to allow for a 20 percent reduction in setbacks. As previously stated, the topographic difference from the street level to the ravine (rear property line) is about 120 feet. Due to the project site's steepness, moving the buildable.pad six feet toward the rear will cause additional fill work and the rear retaining wall to have an exposed height of approximately eight 6 feet. Pursuant to the City's Design Guidelines and General Plan that encourage minimizing wall heights, it is conducive to reduce the front yard setback. Additionally, due to the extra earthwork more natural vegetation may be destroyed. One of the City's most important resources is the beauty of its natural environment. Native trees are significant part of this environment. Trees are an imported natural resource, contributing to the environment by replenishing oxygen and counteracting air pollution, controlling soil erosion and providing wildlife habitat. The City of Diamond Bar considers trees an aesthetic asset. As a result, the removal, relocation or pruning of the protected trees require a permit. Pursuant to Code Section 22.38.020, native oak, walnut, sycamore, willow, and naturalize California pepper trees with a diameter at breast height (DBH) of eight inches or greater shall be protected. However, the Development Code does allow the removal and relocation of protected trees with certain findings. These findings relate to health and safety, health and form of a tree® interference with utility services and the compromising of a property owner's reasonable use and enjoyment of their property. Replacement trees shall be planted at a minimum 2:1 ratio for residential properties less than 20,000 square feet. Residential properties greater than 20,000 square feet, the replacement ratio shall be planted a minimum 3:1 ratio. The Planning Commission may grant exception to these requirements or may require additional replacement trees based on the following: (1) the subject property's vegetative character; (2) the number of protected trees that are proposed to be removed in relationship to the number of protected trees currently existing on the subject property; and (3) the anticipated effectiveness of the replacement of trees as determined by arborist's report submitted by the applicant. In'accordance with the Development Code, replacement trees shall be a minimum box size of 24 inches for six or fewer replacement trees. For greater than six replacement trees, the sizes shall be determined (in this case) by the Commission. The Commission may approve smaller container sizes when additional replacement trees are provided significantly exceeding the required replacement ratio. Tree replacement or relocation shall be on the same site to the extent feasible. Where site conditions preclude the long-term success of replacement trees, the Commission may require either planting replacement trees on public property and/or a monetary donation to the City's Tree Replacement Fund in the amount equal to the value of the required replacement trees and the cost of installation as established by an arborist's report. 7 On March 9, 2000, "The Country Estates" report appears to indicate the removal of three or more oak trees without the benefit of permit. Also on this date, a site visit by the City's Code Enforcement Officer indicated that approximately five freshly cut oak tree stumps were on the subject property. At this time® the property owner was informed that a Tree Permit was required to be reviewed and approved a by the City prior to the cutting or removal of oak trees and to cease the destruction of the trees. Hence, the application for the Tree Permit as part of the proposed project. The Tree Evaluation Report prepared by the applicant's certified arborist, Marian Tomo, examines trees that are located only within the proposed project's construction area which totals to approximately 24 oak/walnut trees. Ten trees are walnuts and 14 are oaks. Five of these trees have been cut (tag numbers are 3607 -oak, 3608 -walnut and 3609 -oak. The other two trees (oaks) are not tagged, but are in very close proximity'to the tagged stumps. This report indicates that only one of the five trees had a DBH of eight inches or more. The report also indicates that oak tree tagged 3620 (15" DBH) will be preserved/protected during construction. This tree is in good health and has plenty of dead wood, but with proper care.and professional trimming it will be saved. Of the remaining trees, 12 are less than eight inches at DBH and six are eight inches to 10 inches at DBH. Because the project site is a steep lot without an existing buildable pad area, the property owner must create a buildable pad area to develop the project site. By creating a buildable pad area, the trees referenced above will be removed. The property owner is attempting to minimize the grading and further damaging the project site's vegetation. The residential structure's design is attempting to somewhat follow the existing terrain of the site by having one story being viewed from the street and -the lower two stories stepping down. By considering tree removal, development of the project site becomes feasible, thereby allowing the property owner reasonable use and enjoyment of their property. However, pursuant to Code Section 22.38.130, the implementation of appropriate mitigation measures will be required. It is recommended that the trees with an eight inch DBH cited for removal and the five trees cut down without a permit be replaced at 3:1 ratio. The following replacement and maintenance costs are recommended for consideration: 24 inch boxed tree at $145 each Planting costs at $290 each Total $435 each Tree maintenance cost $120 per tree, per year for two years Total Cost It is also recommended that the property owner donated the total cost of $22,275 to the City's Tree Replacement Fund. Due to the grade changes, development of the proposed project and planting and maintaining of the trees on site,- the interest of City will best be served by donating the specified cost so that trees can be planted on public property for the whole community to enjoy. Additionally, the long-term success of the replacement trees would be ensured. The proposed project is a discretionary review, thereby allowing the Planning Commission to deviate from the standards presented in the Development Code. Besides the recommendation referenced above, the Planning Commission may wish to consider the following deviations: 1. Replace all trees on site at a 3:1 ratio at 24 inch box or varying sizes; 2. Replace a portion of the trees (24 inch box or varying sizes) when on site and contribute a donation to the City's Tree Replacement Fund; 3. Reduce the replacement ratio, thereby reducing the number of trees on site and/or the donation to the City's Tree Replacement Fund; and 4. Reduce or vary the size of the replacement trees, thereby reducing the cost/donation. Furthermore, the applicant will be required to protect the 15 inch DBH oak tree (Tag No. 3620) and other specified trees adjacent to the development area. Protective fencing shall be installed prior to issuance of any city permits. Minor Conditional Use Permit Circular Drivewa Pursuant to Code Section 22.38.080A, a single-family residence shall be allowed one driveway. Circular driveways shall be allowed for parcels with 70 feet or more of street frontage. However, driveways that provide access to garages having a setback less than 24 feet or greater than 24 feet from the street property line and exceed the garage door opening plus two feet require a Minor Conditional Use Permit approval. The proposed project has a street frontage,of approximately 130 feet with more than a six foot separation between driveways. However, the driveway width is greater than the width of the garage door plus two feet. Therefore, a Minor Conditional Use Permit approval is required. 0 The project site is large enough to accommodate the circular driveway plus a larger width than permitted by code. The proposed circular driveway and wider driveway width does not interfere with the clear line of site for vehicular or pedestrian traffic. Additionally, more parking will be provided on site due to the circular driveway and the driveway's wider width. Additional Review The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached draft resolution. 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. 2000-06 has been prepared. The Negative Declaration Review begins September 29, 2000 and ends October 18, 2000. Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on September 29, 2000.'Public hearing notices were mailed to approximately 30 property owners within a 500 -foot radius of the project site on September 27, 2000. Furthermore, the project site was posted with a display board on September 28, 2000 and the public notice was posted in three public places on September 27, 2000. Staff recommends that the Planning Commission approve Development Review No. 2000-11, Minor Variance 2000-06, Tree Permit No. 2000- 03, Minor Conditional Use Permit No. 2000-06 and Negative Declaration No. 2000-06, 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, IN specific plans, community plans, boulevards, or planned developments); 2. 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 create traffic or pedestrian hazards; 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) . REQUIRED TREE PERMIT FINDINGS: - (It shall be necessary that one or more of the following findings be made, otherwise the application shall be denied.) 1. The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; 2. The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); 3. The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; 4. The tree is a public nuisance by causing damage to improvements, (e.g. building foundation, retaining walls, 11 roadways/driveways, patios, and decks); 5. The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; 6. The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and 7. Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment_ of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards). 1. The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the 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, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6. The proposed project has been reviewed in compliance with the provisions of 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 the City's 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 no non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; 2. Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought; 3. Granting the Minor 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) . Prepared by: � 7! � An J. Lungu, Asso j to P�nner Attachments: 1. Draft resolution; 2. Exhibit "A" - site plan, floor plan, elevations, sections, grading plan, landscape/irrigation plan and colors/materials board dated October 24; 3. Application; 4. Tree Evaluation Report date stamped May 12, 2000 prepared by Marian Toma, Certified Arborist; and 5. Correspondence from Pilkerton Consultants, Inc. dated July 24, 2000. 13 km pLANNING CoMmISSION RiLESOLUTION NO. 2000 -XX 1. The property owner/applicant Mr. Surinder Bhogal have filed and application for Development Review No. 2000-11, Minor Variance No. 2000-06, Tree Permit No. 2000-03 and Minor Conditional Use Permit No. 2000-06 for a property located at 23415 Pleasant Meadow, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance, Tree Permit, Conditional Use Permit and Negative Declaration shall be referred to as the "Application." 2. On September 29, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 30 property owners within a 500 -foot radius of the project site on September 27, 2000. Furthermore, the project site was posted with a display board on September 28, 2000 and the public hearing notice was posted in three public places on September 27, 2000. 3. On October 26, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 0 17, Nmm�„ • 1 NOW, THEREFORE, it is found, determined and resolved y 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. Planning2. The Commission he m • e• review • Negative Declaration No.2000-06 have been prepared • - City of • Bar in compliancethe requirementsof • • - « Quality (CEQA)of w 1 • guidelines promulgated - - •- pursuant to Section 15070. Furthermore, Negative Declaration No. 20b0-06 _ e independent judgement of - City of Diamond 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 a vacant lot located within a gated community identified as "The Country Estates." The project site is a vacant lot, somewhat rectangular shaped, widening and sloping down toward the rear property line into a ravine. The topographic difference from street level to the ravine is about 120 feet. The project site is approximately 2.44 gross acres (2.32 net acres). According to Tract Map No. 23483, the project site does not contain any easements or restricted use areas. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Loot Size 40,000 Square Feet (8-1- 40,000) Zone interpreted as Rural Residential (RR) Zone. 0 (e) The Application request is to construct a three-story (two -stories and basement) single-family residence with a five car garage, decks and balconies totaling to approximately 10,460 square feet. It will also allow the construction of a swimming pool, two spas and rear retaining walls with a maximum six foot exposed height. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an infill lot existing prior to the City of Diamond Bar's incorporation and cited for residential development. 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 RR -Maximum 1 DU/AC since the project site is 2.44 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 "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 development of a single family residence. The proposed project is a single family residence, which is consistent with single family residences established within "The Country Estates". As such, the proposed residence is not expected to interfere with the use and enjoyment 3 of neighboring existing or future developmeThe proposed residence is not expected to create fic or pedestrian hazards due to that fact that th e was planned with the tract's original approval 171, Pleasant Meadow adequately serves the project si e and was established to handle minimum traffic create by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. (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 ^ r • General applicable specific plan. The proposed project's architectural style (as referred to in application) is Mediterranean. Architectural features such as columns, balconies, tile roof, plane variations on each elevation along with roof articulation, stucco exterior walls and color scheme are consistent and compatible with the eclectic architectural style, materials and colors of other homes within "The Country Estates." Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, the General Plan, and City Design Guidelines. Additionally, there is not a specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco and stone accent and a low level of maintenance M (j) The proposed development will not be det tal to public health, safety or welfare or ma lly injurious (e.g. negative affect on property val r 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 (CEQA); 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. 2000-06 has been prepared. The Negative Declaration Review begins September 29, 2000 and ends October 18, 2000. Minor Variance (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 the City's 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 makes it obviously impractical to require compliance with the development standards; The Minor Variance request is to allow a 20 percent reduction of the front yard setback for the residence. The Development Code requires a 30 foot front yard setback within the R-1-4000 Zone. The 20 percent reduction would allow a 24 foot front yard setback. The project site is a steep lot without a buildable pad area. Due to the steepness of the site, a retaining wall is required to support the rear portion of the pad. If the front yard setback was maintained 0 at 30 feet, this rear retaining wall exposed height of eight feet or more. more grading and clearing of natural ve,, be required to create a buildable pad 9 The City's Design Guidelines and General Flan encourages minimizing wall height. Therefore, it is conducive to reduce the front yard setback to 24 feet, thereby causing the rear retaining wall to have a maximum exposed height of six feet, reducing the earthwork and causing more of the natural vegetation to remain. (m) Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought; As stated above in Item (1), granting the Minor Variance is consistent with the City's General Plan and Design Guidelines by minimizing wall heights and retaining as much natural vegetation as possible. Additionally, other homes within "The Country Estates" maintain front yard setbacks varying from 20 feet or greater. Therefore, the proposed 24 foot front yard setback would be consistent with front yard setbacks of other residences. As a result, granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought. (n) Granting the Variance is consistent with the General Plan and any applicable specific plan; As stated above in Items (f) and (1), granting the Minor Variance is consistent with the General Plan and any applicable specific plan. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; As stated above in Items (g), (h), (i), (j), (1), (m) and (n), the proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 6 Tree Permit 46, (It shall be necessary that one or more of th sh owing ng findings be made, otherwise the app denied.) (p) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (q) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (r) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (s) The tree is a public nuisance by causing damage to improvements, (e.g. building foundation, retaining walls, roadways/driveways, patios, and decks); (t) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (u) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (v) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/ Relocation Standards); Because the project site is a steep lot without an existing buildable pad, the property owner must create a buildable pad to develop the project site. By creating a buildable pad, the 11 oak/walnut trees will be removed. The property owner is attempting to minimize the grading and further damaging the project site's natural vegetation. The residential structure's design is attempting to somewhat follow the existing terrain of the site by having one story being viewed from the street and the lower two stories stepping down. By allowing tree removal, development of the project site becomes feasible, thereby allowing the property 11 owner reasonable use and enjoyment of their loderty. However, pursuant to. Code Section 22.38.1 the implementation of appropriate mitigation measur ill be required. It is recommended that the trees wi eight inch DBH cited for removal and the five tr cut down without a permit be replaced at 3:1 ratio. The following replacement and maintenance costs are recommended for consideration: 24 inch boxed tree each- costs•� - -Planting quell $120 for per tree, per year • ears It is also recommended that the property owner donate the total cost of $22,275 to the City's Tree Replacement Fund. Due to the grade changes, development of the proposed project and planting and maintaining of the trees on site, the interest of City will best be served by donating the specified cost so that trees can be planted on public property for the whole community to enjoy. Additionally, the long-term success of the replacement trees would be ensured. Minor Conditional Use Permit (w) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed single-family residence is permitted in the subject zoning district as well as the circular driveways and driveways of extra width. As amended within, the proposed project complies with all applicable provisions of the Development Code and the Municipal Code. (x) The proposed use is consistent with the General Plan and any applicable specific plan; The proposed wider driveway width is consistent with the General Plan in that it assists in providing more than adequate parking for the proposed residence and does not degrade or interfere with the residential characteristics of the surrounding residences and "The Country Estates". (y) The design, location, size and operating character .tics of the proposed use are compatible with t�x existing and future land uses in the vicinity; The proposed wider driveway as described in the Items (w) and (x) above indicate that the design, location, size and operating characteristics of the proposed wider driveway is compatible with the existing or future land uses in the vicinity. Furthermore, it is very common to see wider driveways and circular driveways within "The Country Estates due to the size of the homes and the necessity to provide adequate parking. (z) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; and The project site is approximately 2.44 acres and can certainly accommodate the proposed wider driveway. As discussed in Items (w), (x), and (y), the subject site is physically suitable for the type and density/ intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (aa) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; 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. Furthermore, the proposed wider driveway does not interfere with the clear line the site for and vehicular or pedestrian traffic. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 0 (a) The project shall substantially conform to 'te plan, grading plan, floor plan, elevations, sectNfinal landscape/irrigation plan, and colors/materd collectively labeled as Exhibit "A" dated 6, 2000, as submitted and approved by th 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 Ear 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. Said plan shall delineate plant species, size, quantity and location and shall include plant materials utilized for screening the rear retaining wall. Any other landscaping adjacent to the retaining wall shall be compatible with the existing native vegetation on site. Prior to final inspection or issuance of a Certificate of Occupancy, the applicant installed all approved landscaping and irrigation. (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) Rear retaining wall shall not exceed an exposed height of six feet. The wrought iron fencing which will top the retaining wall shall not exceed a height of 3.5 feet. Additionally, the retaining wall shall be an earth tone color. (f) Retaining wall adjacent to the driveway shall not exceed 42 inches in height within the 24 foot front yard setback. (g) The proposed residential structure shall not maintain a,front yard setback of less than 24 feet. W (h) The application shall replace the 11 oak/walnes cited for removal at a 3:1 ratio. The repla mitigation shall be in the form of a donation to e City's Tree Replacement Fund. The donation shall include the cost of the replacement trees in a 24 inch box size at $145 each, planting cost at $290 each and tree maintenance costs at $120 per tree per year for two years. The total donation of the applicant shall be $22,275. The donation shall be submitted to the City prior to final inspection or Certificate of Occupancy. (i) Oak tree that is tagged number 3620 shall be preserved and protected pursuant to Code Section 22.38.140. The applicant shall install protective chain-link fencing with a minimum of height of five feet, at least five feet outside the tree's drip line. Said fencing shall be installed prior to the issuance of any City permits and shall remain until final inspection or the issuance of a Certificate of Occupancy. Excavation within the protective barrier shall be limited to the use of hand tools and small hand held power tools and shall not be of a depth that can cause root damage. Any excavation within this protective barrier shall require the supervision of a certified arborist. (j) 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) Flow lines and drainage/drainage outlets; (4) Finish surface and finished grade; and (5) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer and geologist, as required. (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 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; (5) Retaining walls are subject to the City's Hillside Management Standards; and W1 (6) Soils report shall reference the stabi of the retaining wall to withstand pressur f the retained soils. IAA (1) Applicant shall obtain a Rough Grade and Fine e Certification prior to the project's final inspection. Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire -• - • • (n) 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 (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (n) The applicant shall make a new application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (o) The proposed residence shall comply with the State Energy Conservation Standards. (p) Surface water shall drain away from the proposed residence at a two -percent minimum slope. (q) 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. (r) 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. m (s) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (t) A height survey shall be required that the c tion of framing. The residential structure sha of exceed a 35 foot height from the finish or na grade. (u) All balconies shall be designed for a 40 pound live load. (v) All sleeping rooms shall have windows that comply with egress requirements (w) 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. (x) 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. (y) 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, (z) 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 13 processing fees, school fees and fees for review of submitted reports. P - (aa) If the Department of Fish and Game determin t at Fish and Game Code Section 711.4 applies t he approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall! (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Surinder Bhogal, 9866 Houghton Avenue, Santa Fe Springs, CA 90670. APPROVED AND ADOPTED THIS 26Th OF OCTOBER 2000, BY THM RLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman Um pin I, James DeStefano, Planning Commission Secretary, do hereb that the foregoing Resolution was duly introduced, passed, and by the Planning Commission of the City of Diamond Bar, at a rE meeting of the Planning Commission held on the 26th day of October by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary M Name a.ast name first) Address 9 e6 6-W&AE, Wassm-g-.4 ago 6 rig I ca, FPL # Deposit$ Receipt# 13V i Date Rec*d Applicant's Agent Ci Zip qV 6 ?0 Phone( Phone(Phon.-Ob, A— —1a)— . NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of principals involved during the processing of this case. I (Attach a 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 propeny and permit the applicant to file this request. Date I —& Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name (Applicant or Agent) Signed -Af, ac��-t. Date 4-- (Applicantbr Agnt) Location ML- ?--9.�Lu- 0 694fAj 1,, CA, ?-M%3' (Street address or tract and lot number) Zoning q-0 HNM 3 4 2 F3 Previous Cases Present Use of Site \J /—\ C, Use applied for u� d u ad�uVu �9" uavdd6E&W— MpraaaLg LU6 prupo duS�aJi dl,1J Grading jel�l Cut 1L22 • FW, .y 1Ifyes, Quantity , Export tA CJ If yes, Quantity o- (Applicant's ate) FPL # J Bqmsit- $ Receipt# By_ Date Rec'd Phonc(—&", 13 Phone( Phon Lf 1>t v FA (Last name first) NOTE: It is the applicant's responsibility to notify the Community Developt . �w,, i - - - --Y e pnncipa s involved during the processing of this case. (Attach separate sheeA, 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 pennit the applicant to fde this request. (AB record owners) Date Certification: 1, the undersigned, h6eby certify under pe by of penury that the Info rmadon herein:' correct to the best of my knowledge. piorlded is Print Name 1. (Applicant or Agent) Signed_ Date (App�bcmt o Age A Location L- - 4- Z- T — ( T 2--> 4 , 4 ke-� � (Street address or tract and lot number) Present Use of Site T T Pvc,:,l , Tu '2-4 1 In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission, the following facts: 11 EIIIIIIIIIIIII 1. Adversely affect the health, peace, comfort or welfare or persons residing or working in the surrounding ama, 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 general welfare. W - M - rw- 6- cv- C. That the proposed site is adequately served: By highways or streets of sufficient width and improved as necessary to . carry the kind an, quantity of traffic such use would generate, and V ?_ The California Environmental Quality Act (CEQA) requires a review of your proposed project for possJib environmental impacts. This Initial Study process is intended to determine e of v e d e ti th type en iroarn ntal ocum ntati necessary to have your project considered by the City. The Initial Study consists of a completed questionnaire , I other material which you must provide and an analysis of potential impacts prepared bystaff–often with the inp from reviewing agencies with special expertise. This procm can be expedited with your cooperation. The project file must include the following exhibits, ydAdLX use): oA MUg_gMvide, (check boxes am provided for yol Initial Study Questionnaire–In completing this questionnaim, RU quesfions. should be answered as completely as possible (attach extra pages if necessary). If requesting a land division, it should be anticipated that fature development will take place, and the questionnaire completed accordingly. Preliminary grading and/or development concepts should be submitted, o–ven ifMiZae-d—iate.,constru Ls=anticiRated. nity 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 am 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 ceuter.) 4. Photographs of the site, pad locations and surrounding am. An index map keyed to the photograp should be provided, showing the location and direction of each photograph. I 5. Generahzed land use map of appropriate scale for the project site and surrounding properties, with us ';++` clearly labeled. .STED FAILURE TO SU13MIT ALL REQUF A "V M "NeWAT f W q WT T'I'M , WIN 1 EM 4. Please list all previous cases (if any) la to this project: N t7 -N C- 5. Other related permitlapprovals required. Specify type and granting agency._ ^. , , - . , ! " 1.) i- � A -4N I 6. Are you planning future phases Of this prof t? Y 61' If yes, explain: ( r- tks�-C C: I Fix Atp, C-Alt"I NPIWO-0- 9. Present zoning: 20. Do your operations r xe any pressurized tanks? YES NO If yes, explain 21. Identify any flammable, reactive or explosive materials to be located on-site. 3. Are them any major trees on the site, including GA fives? NO If yes, type and number. 5E7 -C D -Ai"L` 4. Will any natm-al watercourses, surface flow paftrns, etc., be changed through project development?: YES NO If yes, explain: UMMM� M 7. Is the property located within a high fire hazard am (hillsides with moderately dense vegetation)? YES Distance ton fire station: 9.. at energy -conserving designs or material will be used? D �T-r C72 s A -v FP1 va 'r, P-r'ONING CASE NO Executed at Califonlia, this day of Si Phone( Fax ( ) 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. (Attach separate sheet, if necessmy, inclu'ding nmes, addrcms, and sipaturcs of ifs embm Of Partnerships, joint ventures, and directors of corporations.) Consen* t I cert!fy that I am the mmer of the herein describedpr® p" andpermit the applicant to file this requeii Signed j�, Date 05 (All record owners) Blr� \j Cerfiji-cation: 1, the underskned, hereby cerfify under &-,er FeVqTm—y—Vn—ow—k—dg­e. jMW Print Name T, Mr.. =, Is A- C44D C-7 V Signed (Applicant Ag t) Date City of Diamond Bar Page Two CONDITIONAL USE PERMIT Project Size (gross acres)2%---=---, tL Project Density Previous Cases Present Use of Site for L — :�� 11 �<- Domestic Water Source , / e, -/V-p T Company/District Y \4-)" 4c -f" Method of Sewage Disposal Sanitation District Grading of Lots by Applicant? YES V NO Amount (Show necessary grading design on site plan or tent. map) I .-,kkWF I tw -LMAR - k- F " .,ornmi sion, the following facts: (answers must be full & complete) A. That the requested use at the location proposed viU not: 'A it kl-A-etA -e-2 I I - �--g tu, -fn'.CnE mAf Lv,---c L-. P'-CmIs-: xP f.. .i. Wi J- �e- -FM-# -ILO v a , 4a sit 2. Be matexiaRy detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or C. Ilat the proposed site is adequately served: traffic such use would generate, and import: Y 214 If yes, Quantity:. Export: Y N If Yes, Quantity: Occupant Load as calculated by the Building & Safety Division is requi redfor all dining, take-out or asse . inbly use, churches, health clubs, theaters, etc. N Id LEGAL DESCRIPTION (all owmership comprising the proposed lot(s)/parcel(s) --? , '7 a Area devoted to structures 14-. t Landscaping/open spa cec T, Residential Project:, and (gross area) (No..of lots) rr Proposed density (Units/Acres) Parking Required Provided Standard Compact Handicapped Total Staff Use Project No. La IRZ 2-i37:7 PHONE 4 FAX# PHO NE# FAX4 1. Action requested and project description: A 2. Street location of project: 3. Present use of site: 4. Previous use of site or structures: 5. Project Description a. Site Size (total area) b. Square Footage (covered by structures, paving C. Number of floors of construction f. Amount of off-street -parking provided e. Landscaping, open space h. Anticipated incremental development Initial Study Qmisti,wire - Page I LVinstittitlonA Mdlcatc'-Uc Major 1 ---- and community benefits to be derived from the Project M. if the project involves a variance, conditional use or rezoning.application, state this and indicate clearly, why the application is required. 7. List related permit/approvals required. Specify type and granting agency. gt-p 8. Are you planning future phases of this project? Y N If yes, explain: 9. Present zoning: A& 10. Water and sewer service: Domestic Public Water Sewers Does service exist at site? 6Y N— IST Ifyes, do purveyors have capacity to meet demand of, project and all other approved projects? N DY N -1 If domestic water or public sewers am not available, how will the,—,, services be pLo%idedl- 11. Residential Projects: a. Number and type of units: b. Floor area of each unit: C. Number of floors d. Schools: What school district(s) serves the property? Are existing school facilities adequate to meet project needs? YES L NO If not, what provisions will be made for additional classrooms? Z C. Operating hours: f Community benefit to be derived from project: ama�_- YES - NO _Z Identify any flammable, reactive or CVlosive materials to be located on-site. k. Will delivery or sbipmeni trucks travel tbrough residential areas t® reach the nearest higbwaY? YES _ NO If yes, explain 13. Associated Projects 14. Anticipated incremental development B. ENVIRONNMNTAL rNFORMATION (to be completed by applit) 1. Environmental Setting—Project Site a. Existing usci-structures Topography/slopes V F -2T *C. Vegetation �7)t �fl -,' *d. Animals 9. Other . 0 T-7�7, Topography/slopes *C. Vegetation S te=t.V5 4 �n -,, - d. ,w t�� * Animals ID! -Z:�'j'v?� *e. Watercourses f. Cultural/historical resources 9- Other lam' I Answers are not required if the arra does not contain naturaL undeveloped land. 3. Are there any major trees on the site, includin"A trees, walnut trees, sycamore, C pepper and armyo willow? YES V NO . If yes, type and number: �C_T A �Nl 4. Will any natural watercourses, sarface flow patterns, etc., be ch ed through project development -r. YES NO ng Ifyes,explain: 5. Grading: Will the project require grading? YES NO If yes, how many cubic yards? r/ L WiH it be balanced on-site? YES NO If not balanced, where will.dirt be obtained or deposited? L-- 6. Are there any identifiable landslides or other major geologic hazards on the prop" (including uncompacted fiU)? YES NO If yes, explain: YES NO IV"" Distance to nearest fire station: ZMME�=zr- 10. Existing noise sources at site: Noise or vibration to begenerated by project: Odors generated by project: Could toxic fumes be generated? /.n Dust: Dust, ash, or smoke generated by project: What energy -conserving designs or material wiU be used? IM Initial Study QuOdiomaire - Page 7 ZONING CASE NO Lois Executed at this day of . . -,19 Sipature "Sub CITY OY 'LAMOND BAR COMMUNIFY DEVELOPMENT DEPARTAW.NT 21660 E. Copley Drive Suite 190 RUE'VE'D (909)396-5676 Fax (909)861-3117 Y t-1 G N ri 8 OAK TREE: PEIUMT APPLICATION FPL # Deposit S --I (�0- Receipt' By,�� Date Roc'd L/ SPL Q'20VA, b-&��T (Last name fimt) NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change *f 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 cerqfy that I am the owner of the herein described property wd permit the applicant to fik this request. Signed DM,,A (All record owners) Date Certification: I, the undersigned, hereby centfy undePRenahy ofpeduly that the iqformation herein propide correct to the best of my knowledge. Print Name (Applicant or Agent) Date 4(A plyn—tr �gt� Location (i.e. address or general description oftocation) and legal description of property in questiow, (use additional sheets as necessary) HA Flow many oak trees will be cut, removed, relocated or damaged? Will trees to be removed be replaced? If yes, indicate the proposed size, type, location (indicated on site plan) and schedule for planting. Thd die removal or Mocation of the oak h*a) proposes necessary as continued existence at psomt locafion(s) frusfistas tho p1muked impmvement or proposed use of the subject property to such an extent thaL. Date: i P limit's Signature Two (2) oak tree reporM cerfified by the applicant to be fim and correrA and acceptable to the Community -711,avaliFria cz&--bikW,i�r;.T. 2*jVujz-- 3ite Y mflr=tion 5 below, shall contain the following information: !IIIIII �Izi M 7. Land Use Designatir General Plan Designation: Zoning: �--A* A9 �'WT 9-B. Legal Description of the Prcject: (auach copy to ddsform if nemsary) 10. Describe public or private utility emments, utility lines, structures or other facilities which exist on the surface or below the surfitce of the project site. 11. Associated Projects: Projects or potential projects which are directly related to this project ( i.e. potential developments which require completion of this project): 12. Describe any antpated Phasing for this project: (number of units & time fium) -7-a- 22. Desmiba- the environmental setting (synopsis) Of the Project site. This narrative shall include a descriptiom 11", *,vileanu 44�6'1"J;b J-!4L.S-f1A-N i H W-RVIR"T Cc A T I T? 23. Describe the surrounding properties (synopsis). This narrative @hall include a description of the soil stability, slopesdrainage, scenic quality, plants, and animal which my exist. Indicate the type of land use "r 0 b etc.), and scale of development (height, frontage, set -back, W.) in the adjacent surrounding area. Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for initial environmental evaluation of the proposed project. , All infonmtion is to the best of my knowledge, belief and ability to determine factual, true, correct and complete. Date: g)114-1 RV Signature: -�'l I I- ---- T---7 For Completion of this form is required to begin YvWew of a project. Information within thisform and the required P. ; TREE EVALUATION REPORT ,00 MAY 12 P2:20 •_. • 23415 Pleasant Meadow R. Diamond 555 -655 This evaluation report refers only to the trees - located into the construction area and will have to be removed. This area starts from the pavement edge up to 125 feet in on west side of the property and 150 feet in on the east side of the property. A general remark is that all trees and shrubs are infested by Poisson Oak (Ivy) , which makes any access difficult and dangerous. Because •.. that • trees are withouttags. _ trees located in the mentioif area c'' as • •.. I—West side of the property, from rear: 1. — 3601 Walnut —5" D.B.H.® poor growth due to the small space and Poisson Ivy invasion. 2. — 3602 Walnut — 2 multiple trunk 8" D.B.H. the main trunk (2 m 8"): Good growth but small spacing, broken branches, dead wood and Poisson Ivy invasion. 3. — 3603 Oak — 7" D.B.H. - Good growth but Poisson Ivy infested. 4. — 3604 Walnut — 6 m 7" D.B.H. - Wide spread from ground, poor branching shrub like, Poisson Ivy infested. 5. — 3605 Oak — 9"D.B.H. — Good growth but invaded by other trees (shrubs) and Poisson Ivy. 6. — No Tag Oak — 4 m 7" D.B.H. — Poor, shrub like, infested by Poisson Ivy (no access). 7. — No Tag Walnut — 4 m 7" D.B.H. —Poor growth, shrub like, small space, Poisson Ivy infested from top to bottom (no access). 8. — 3606 Walnut — 2 m 8"D.B.H. — Good growth, Poisson Ivy infested, clean up is a problem (for saving the tree). II®East side of the property, from rear: 1. — 3610 Oak— 7" D.B.H. —Poor growth due to small spacing, trunk lining, Poisson Ivy. 2. — 3611 Oak — 9" D.B.H. — Poor growth, dead wood, too close to surrounding trees, trunk lining, Poisson Ivy. 3. — 3612 Oak — 10" D.B.H. — Poor growth, dead wood, about l Ofeet from other trees, trunk lining, Poisson Ivy. 4. — 3613 Oak — 7" D.B.H. — Poor growing conditions, dead wood, trunk lining, Poisson Ivy. 5. — 3614 Oak — 7" D.B.H. — Poor growth, no space, trunk lining, Poisson Ivy. 6. — 3615 Oak — 8" D.B.H. — Poor growth, needs more space, trunk lining, Poisson Ivy. 7. — 3616 Oak — 5 m 4" D.B.H. — Shrub like, small space, not to consider for future, Poisson Ivy. 8. - 3617 Walnut — 4" D.B.H. — Poor growth, under other trees, Poisson Ivy. 9. —3618 Walnut— 2 in 3" D.B.H. —Shrub like, under Oak trees, Poisson Ivy. 10. — 3619 Walnut — 4 m 3" D.B.H. — As same as 3618 11. — 3620 Oak — 15" D.B.H. — Good vigor, plenty of dead wood, could be saved with proper care, professional trimming and maintenance during construction. III — Front / Central area: 1. — 3607 Oak — As a stump at the present time, 15" D.B.H. 2. — 3608 Walnut — Stump, 7" D.B.H. 3. — 3609 Oak — Stump, 7" D.B.H. 4. — No Tag Oak — Stump, 6" D.B.H., no access. 5. — No Tag Oak — Stump, 6" D.B.H., no access. All 5 trees were removed by mistake and the only tree considered protected by City's regulations is the tag # 3607. As a conclusion of the condition of the trees, for this particular site where are no specimen trees, the best choice is removal and new installation of trees, natives or naturalized, as per City's professional recommendation. Tree replacement On this particular site there are trees considered "Protected" by City' s Tree Preservation and Protection Regulations. Based on these regulations the City personnel will decide the replacement ratio (it could be 3:1 ratio). However, Mr. Surinder Bhoga, the owner of the subject property, is willing to plant all the final replacement number of trees on his property with the help and advise of an Arborist as mentioned on landscape planes. As a guideline I will estimate the cost of replacement, based on the size of the trees: 1. — 24' Box tree - $145.00/ea. - Planting labor and materials - $225.00/tree - TOTAL: - $370.00/ea. Tree 2. —15 Gal. Tree - $55.00/ea. - Planting labor and materials - $175.00/tree - TOTAL: - $230.00/ea. Tree Tree Maintenance For small trees planted in an irrigated site, which is our case, the proper maintenance is inexpensive; expected to be up to $30.00/tree/year, including water, fertilizer and professional crown training performed by a certified contractor. In the Conceptual Landscape Plan Mr. Surinder is considering of planting 28 trees of different species as follows: Crape Myrtle, Live Oak, Iron Bark Eucalyptus, Purple Plum, Italian Cypress, and Queen Palm. For any future questions or assistance please contact me at (626) 359-6647. Marian Toma May 10, 2000 Certified Arborist L P.O. Box 2790 La Habra, Califomia 90632-2790 July 24, 2000 City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 MEM= ii i V I I I I I I i i IN i i i 111 i i i I i 11 At your request, I have reviewed the applicant's plans and Arborist's report for the subject property. Also two site inspections were conducted and my observations and conclusions are as Follows: The property is very steep with a north, northeasterly exposure that is ideal for Poison Oak development. Many of the Oaks and Walnut trees are so heavily covered with Poison Oak than an accurate tree evaluation and hunk measurement would be impossible without first eradicating the Poison Oak, What observations can be made through Poison Oak indicate reasonably healthy trees under the natural conditions they are growing. Multi -trunks and small crown sizes are normal in a non -irrigated environment, where they depend solely on natural moisture. In the report the Arborist makes comments about these conditions in a negative way, as though they are substandard or of lessor value. The Arborist report is inaccurate as it relates to the size and condition of the Oak and Walnut trees. A random inspection and measurement of six (6) trees were checked for verification. of reported facts. In each case the actual measurements exceeded the trunk diameter figures in the report; all of which were over 8" diameter. The burden of factual reporting should be on the part of the applicant. Since all six (6) of the trees that were checked exceeded the 81, minimum or recorded diameter in the Arborist report, it would be reasonable to assume others are inaccurate. In the Guidelines for Tree Appraisal, published by the International Society of Arboriculture, each trunk of a multi® tree is to be measured 54" above grade; then added together for an individual tree trunk diameter. Where Oak and Walnut trees were removed on the site and only stumps exist, no accurate measurement can be given for trunk diameters at 54" above soil grade. Therefore, the only accurate measurement is the stamp diameter, which should be the figure use in this case. Due to the extensive grading changes that will be required on this site according to the Plans, it would best serve the cities interest to require funds for planting in Public areas VS. Replacement on the applicants property. It is my recommendation that all of the protected trees within the construction area be replaced at a 3:1 ratio. 24" boxed tree @ $145.00 each Planting cost @ $290.00 each Total $435.00 each Tree maintenance cost @ $120.00 per tree, per year, for a minimum of two (2) years. Respectfully, C.J. 1 erton, Registered Consulting Arborist #326 I Q .CITY OF . ;,11 RA I NEGATIVE DECLARATION , DEVELOPMENT REVIEW NO. 2000-11 TREE PERMIT NO. 2000-03 MINOR CONDITIONAL USE PERMIT NO. 2000-06 and MINOR VARIANCE NO. 2000-06 23415 Pleasant Meadow (Tract No. 23483, Lot 22) Diamond Bar, County of Los Angeles, CA 91765 City of Diamond Bar 21660 E. Copley Drive, Suite 190 DIAMOND BAR, COUNT' OF LOS ANGELES, CA 91765 Environmental Finding Initial Study (Environmental Information and Environmental Checklist) September 25, 2000 ro; w s ww DescriPtionand Location 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 PART 1 ® BACKGROUND 1. City Project Number: Development Review No. 2000-11, Tree Permit No. 2000-3, Minor Variance No. 2000-6 and Minor Conditional Use Permit, No. 2000-6 2. Project Address/Location: 23415 Pleasant Meadow, Diamond Bar, CA 91765 3. Date of Environmental Information Form submittal: September. 12, 2000 4. Applicant: Basant Sachdeva Address: 1738 East Meats Avenue City/State/Zip: Orange, CA 92865 Phone: (714) 974-6060 Fax: N/A _ 5. Property Owner: Surinder Bhogal -- Address: 9866 Houghton Avenue City/State/Zip: Santa Fe Springs, CA 90670 Phone: (562) 862-1377 Fax: N/A D:\ANN\NEGDECS\DR2000-11.NDQUESTIONNAIPE.DOC 9/26/00 1 6. Lead Agency: City of Diamond Bar Contact: Ann J. Lungu, Associate Planner Address: 21660 E. Coplev Drive, Suite 190 City/State/Zip: Diamond Bar, CA 91765 Phone: (909) 396-5676 Pax: (909) 861-3117 7. General Plan Designation: Rural Residential (max. 1 dwelling unit/acre) 8. Zoning: Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone 9. 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 application is a request to construct a two-story single family residence of approximately 10,460 square feet with a basement, five -car garage, decks, balconies, swimming pool, two spas and rear yard retaining walls not to exceed an exposed height of six feet. The project applications include Development Review No. 2000-11 that provides for site designed and architectural review; Tree Permit No. 2000-3 that provides for the removal and replacement of oak and walnut trees which are eight feet in diameter at breast height (B H) or greater; Minor Variance No. 2000-6 that provides for a reduction in the front yard setback; and Minor Conditional Use Permit No. 2000-6 that provides for a driveway of greater width then permit by the Development Code. Pursuant to the City's Development Code all applications will be processed at the same time and before the highest review authority. For this project, the highest review authority is the Planning Commission. 10. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: The proposed project site, Lot 22 of Tract No. 23483, is a vacant lot located within a gated community identified as "The Country Estates". Generally, the following zone surrounds the proposed project: to the north, south, east and west is the R-1- 40,000 Zone. The proposed project site is rectangular shaped, widening at the rear property line and sloping down toward the rear property line. It is approximately 2.44 gross acres (3.32 net acres). According to the tract map, the project site does not contain any easements restricted use area or flood hazard area. D:\ANN\NEGDECSkDR2000-II.NDQUFSTIONNAIRE.DOC 9/26/00 2 11. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None. 12. List City of Diamond Bar related applications for this project that must be processed simultaneously: Listed above in Item No. 1. 13. List prior projects for this parcel: D:\ANN\NEG DECS\DR2000- 11. ND QUESTIONNAIRE. DOC 9/12/00 3 PROJECT SITE LOCATION —0-- Los —i miles ro Yl 01, /®-'` fAs ' GOO 'A 0 R3 T_ m PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 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. Circulation 1. Land Use and Planning 9. Hazards — 2. Population and Housing 10. Noise — 3. Geologic Problems 11. Public .Services — 4. Water 12. Utilities & Service Systems — A fl, t;i-q 5. Air Quality 1. 6. Transportation/ Circulation 14. Cultural Resources 7. Biological Resources 15. RecreationMandatory 8. Energy & Mineral Findings 16. Resources of Significance D:\ANN\NEG DECS\DR2000- 11. N D QUESTION NAI RE. DOC 9/12/00 4 Project Numbers: PART 3 ® DETERMINATION DR 2000-11/TP 2000-3/MV To be completed by Lead Agency 2000-6/MCUP 2000-6 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 significant effect on the environment, and an ENVIRONMENTAL PACT 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 ACT REPORT 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 EIR, including revisions or mitigation measures that are imposed upon the proposed project. September 22, 2000 Date Ann J. Lungu Printed Name D:\ANN\NEG DECS\DR2000-1 1. ND QUESTIONNAIRE. DOC 9/12/00 5 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 described 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. D:\ANN\NEG DECS\DR2000-1I.ND QUESTIONNAIRE. DOC 9/12/00 6 EARLIER ANALYSES I Earlier analyses may be used here, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the fo.lowing on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant ,to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analyses. C) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated. " describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. D:\ANN\NEG DECS\DR2000-1 1. ND QUESTIONNAIRE. DOC 9/12/00 7 Initial Study and Findings (Environmental Information and Environmental Checklist) Potentially Potentially Significant Less Than ENVIRONMENTAL Significant Unless Significant No Impact Impact Litigation Impact Incor orated 1 LA USE, .A I Vo u* tih' protect: a. Conflict with General Plan designation or zoning? Source #s: General Plan, I-10 & 27, (RR); City of Diamond Bar Development Code, Title 22, p. II- 4, 7, 8, 21 & 22, R-1-40,000 Zone; b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project: Source s: General Plan, p. IlI- 10 et seq.; Development Code, III -149; X Arborist Report dated 5/10/00 prepared by Marian Toma; Arborist Report dated 7/24/00 prepared by Pilkerton Consultants, Inc.; c. Be incompatible with existing land uses in the vicinity? Source #s: General Plan, I-10 & 27 (RR); City of Diamond Bar Development Code, X Title 22, p. H-4, 7, 8, 21 & 22, R-1-40,000 Zone; 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 1-16; e. Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? Source s: X Project site plan; General Plan, I-1 et seq., II -1 et seq.; City of Diamond Bar Development Code, Title 22, p. II -7, 21 & 22, R-1-40,000 Ex'E,-,A Conditions a. The project site is located within the General Plan land use designation area of Rural Residential (max. 1 d/u per acre) and is zoned R-1-40,000. The land use and zoning designation allows for single-family residences. The project site is a vacant lot of approximately 2.44 gross acres (3.32 net acres). The project application is proposing to construct a single-family residence. Therefore, the proposed project is consistent with the General Plan land use designation and zoning designation for the project area. b. The proposed project site contains oak and walnut trees. The City's Development Code provides standards for the protection and preservation of said trees. The proposed project contains 9 walnut trees and 14 oak trees within the proposed development area. Because these trees are located within the proposed development area, the applicant is proposing to remove them. Therefore, a total of 23 trees will be removed. Eleven of the 23 trees are less than eight inches in diameter at breast height (DBH). Pursuant to the City's Development Code, the criteria for the protection and preservation of the specified trees begins when the DBH is eight inches or more. As a result, 12 of the specified trees fall within this criteria. When considering both arborist reports and the City'srequired protection and preservation standards for the specified trees, the applicant will be required to contribute the cost of replacing 12 of the specified trees at a 3: 1 ratio, 24 inch -box size and installation. According to the arborist report, the cost is estimated to be a total of $5,220.00. The applicant will be required to donate this amount of money to the City'sTree Replacement Fund. The donation will be utilized to plant trees in public places for the benefit of the whole community. This requirement will become a condition within the project resolution if the project is approved by the Planning Commission. The applicant will be required to submit the donation prior to the issuance of any City permits. Due to the fact that the donation will cause the planting of trees in public places for community benefit, the City believes that the impact of tree removal at the project site is less than significant. Therefore, conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project will not likely occur. c. The project site is surrounded by single-family residences within a gated community identified as "The Country Estates". As a result, it is not anticipated that the proposed project will be incompatible with existing land uses within the vicinity. d. IThere are no agricultural resources or operations within the vicinity of the project. e. The project site is a vacant lot that has a General Plan land use designation of Rural Residential (RR) and is zone Single Family Residence -Minimum Lot Size -40,000 Square Feet (R-1-40,000) Zone. This land use designation and zoning district does not provide for the establishment of low-income or minority communities. The proposed project, as submitted is consistent with the character of the surrounding development. Therefore, it is not anticipated that the proposed project will disrupt or divide the physical arrangement of an established community (low-income or minority community). A Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated 2 POPULATIOT AND WJSING. 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-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 Census of Population X and Housing; MEA, p. II -I-19; General Plan EIR, p. 38; General Plan Land Use Map, p. I-27; project site plan/application; c. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Sources #s: Source s: 1990 Census of X Population and Housing; MEA, p. II -I-19; General Plan EIR, p. 38; General Plan Land Use Map, p. I-27; project site plan/application; Existin Conditions a. The proposed project is a single-family residence. The results of the 1990 Censes indicated the persons per occupied housing units are 3.18. It is anticipated this development will be generally consistent with this average. As a result, the proposed project will not cause anyway general or local population projection to be exceeded. Therefore, the proposed project is not expected to displace substantial numbers of people necessitating the construction o replacement housing elsewhere. 10 b. Into change in the City's population is expected due to the proposed project of one single family residence. Additionally, this is an in -fill lot of which the development of the single- family residence was anticipated. Therefore, it is not expected that the proposed project will induce substantial growth in the area, directly or indirectly. Additionally, the infrastucture needed to serve proposed residence exists. c> The proposed project site is a vacant lot upon which it was anticipated that a single-family residence would be constructed. Therefore, the proposed project does not displace any existing housing, thereby not necessitating the construction of replacement housing elsewhere. 11 12 Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incor orated GE0lL'0f3GICAUP LEw a Would the F3impa6ts' project result in or expose people to potential involving., a. Fault rupture? Source s: General Plan, p. IV -2,3, Fig. IV -1; MEA, p. II -B-7 et seq.; General Plan EIR, Section III A., pg. 7-10; Soils & Geology, Inc. dated 4/10/00; Geotechnical Review Sheet prepared by Leighton & Associates, Inc. b. dated 7/13/00; Seismic ground shaking? Source #s: MEA, p. II -13-14; p. II -13-10, Fig. II -B-5, Soils and Geology Inc. and dated May 7, 1997 & addendum letter dated April 10, 2000; dated 4/10/00; Geotechnical Review Sheet prepared by Leighton & c. Associates, Inc. dated 7/13/00; Seiche (water tanks, reservoirs)? Source #s: Walnut Valley Water District Map X d. 1996. Landslides or mudflows? Source #s: General Plan, p. IV -3, Fig. IV -1; MEA, p. II -13-3, Fig. II -13-2; II -13-15 State of California Seismic Hazard Zones Map dated April 15, 1998; Soils and Geology X Inc., dated 4/10/00; Geotechnical Review Sheet prepared by Leighton & Associates, Inc. dated 7/13/00; Hydrology Study, prepared by GSJ Engineers dated 9/14/00; 12 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 Inc., Soils and Geology Inc., dated 4/10/00; Geotechnical Review Sheet prepared by Leighton & Associates, Inc. dated 7/13/00; f. Subsidence of the land? Source #s: MEA, p. II -B-16; Project's preliminary soils report prepared by Soils and Geology Inc., dated 4/10/00; X Geotechnical Review Sheet prepared by Leighton & Associates, Inc. dated 7/13/00; g. Expansive soils? Source #s: MEA, p. 11- B-16; Project's preliminary soils report prepared by Soils and Geology Inc., dated 4/10/00; Geotechnical Review X Sheet prepared by Leighton & Associates, Inc. dated 7/13/00; Existing Conditions 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 or 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. According to the Soils Report, no active faults are known to across the property. However, the single-family residence will be designed in accordance with current codes for seismic forces. 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. co The closest reservoir is the Ridgeline Reservoir, approximately 3/4 miles, by direct route, in a northwesterly direction. 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. 13 d. According to the State of California Seismic Hazard Zone Map, the project doe7notappear to be in a potential liquefaction zone. The applicant submitted a Soils Repapproved by the City's soils and geotechnical engineers (Leighton & Associateapproved Soils Report indicates that the natural topsoils are gray -brown silty cla moist, soft and porous and contain abundant organic matter. These materials are unsuitable for structural support in their natural state. However, the underlying bedrock is in a dense condition and will provide good foundation support for the proposed project. In accordance with the approved Soils Report, the building site for the proposed development will be safe from landslides, settlement, or spillage provided the recommendations contained in the report are incorporated into the design considerations, project plans, and job specifications. Furthermore, the proposed on-site grading will not affect the geologic stability of adjacent properties. e. Pursuant to the project's approved SoilsReport, the subject site and soils condition appear to be conducive to the development of the project. The information within the soils report states that the project site is safe against hazard from landslides, slippage, or settlement and the proposed construction will have no effect on the geologic stability of property outside the building area. Additionally, the City requires that the proposed development provided safety factor > 1.5 through a slope stability analysis. This will also ensure the project site be safe against hazards as referenced above. Furthermore, the City'sPublic Works Division ensures erosion control through the grading permit process. This process requires compliance with NPDES standards. These standards will be enforced through site inspections by the City' Public Works/Engineering Division. L Pursuant to the approved Soils Report, the proposed project will be safe against subsidence. Total settlements with the suitable loades should not exceed 3/4 inch and differential settlements under similar loads should not exceedl/4 inch. The proposed construction will have no effect on the geologic stability of property outside the building area. g. Almost all soils in Diamond Bar have the capacity to be expansive. According to the proposed project's approved Soils Report, the, underlying bedrock is in a dense condition and will provide good foundation support for the proposed project. The building site for the proposed development will be safe from landslides, settlement, or spillage provided the recommendations contained in the report are incorporated into the design considerations, project plans, and job specifications. Therefore, it is not anticipated that expansive soils would adversely affect the proposed project site. M ENVIRONMENTAL ISSUES Potentially Significant Impact Potentially Significant Unless Mitigation Incur orated Less Than Significant Impact No Impact WATER.,._Would the project result in: 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; Soils Report prepared by Soils and Geology Inc., dated 4/10/00; Hydrology Study, prepared by GSJ Engineers, dated 9/14/00; b. Exposure of people or property to water related hazards such as flooding? Source s: General Plan, p. IV -4, Fig. IV -2, X FEMA Flood Panel No. 0650430950 B, Zone C, 12/2/50 c. Discharge into surface water or other alteration of surface water quality (e.g. temperature, dissolved oxygen or X turbidity)? 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, Fig. II -C-1; Hydrology Study, X prepared by GSJ Engineers, dated 9/14/00; 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; Soils Report prepared by Soils and Geology Inc., dated 4/10/00; Hydrology Study, prepared by GSJ Engineers, dated 9/14/00; 15 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 X capability? Source #s: MEA, p. II -c-3, 4, Fig. II -C-1; project's site/grading plans; Hydrology Study, prepared by GSJ Engineers, dated 9/14/00; g. Altered direction or rate of flow of groundwater? Source s: City of Diamond Bar Public Works Division; project site plan; Soils Report prepared by Soils and X Geology Inc., dated 4/10/00; Hydrology Study, prepared by GSJ Engineers, dated 9/14/00; h. Impacts to groundwater quality? Source s: MEA, p. II -P-3-8; Hydrology Study, X prepared by GSJ Engineers, dated 9/14/00; i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? Source s: MEA, p. II -P-3 8; Hydrology Study, prepared by GSJ Engineers, dated 9/14/00; 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 X flood hazard area structures, which would impede or redirect flood flows? Source #s: General Plan, p. IV -4, Fig. IV -2, MEA, p. II -C-1 et seq. ir. Existing Conditions a. In accordance with the proposed project's Hydrology Study, assuming the time of concentration of 10 minutes, the rainfall intensity shall be 3.2 inches per hour. The runoff coefficient for this rainfall for undeveloped area is 0.895 and almost the same for a single -family residence. Therefore, considering the proposed project site's development, any additional contribution to storm flow is negligible. As a result, changes in absorption rates, drainage patterns, or the rate amount of surface runoff is not anticipated. b. The project is not located within a flood hazard area. According to the Fema Flood Map, the project site is located within Flood Zone C, a 100 year minimal flooding area. Considering this information and the information and calculations present in the Hydrology Study, it is not expected that the proposed project will expose people or property to water related hazards, such as flooding. c.9d ,e. There is no body of surface water on, or in the vicinity of the project site. Therefore, no impacts related to the surface water features, quality or flow will affect the project site.. f. It is not expected that the project will result in a change of groundwater quality, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of ground water recharge ability. The proposed project will not have a significant impact on the recharge of groundwater because of the reduction in pervious surfaces. 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 It is not anticipated that the proposed project will cause a substantial reduction in the amount o groundwater for public supply. Additionally, the groundwater is not utilized for domestic supply, but only for reclaimed water supply. Therefore, the proposed project will not cause a significant reduction in groundwater supplies or availability of groundwater for public water j. IThe project site is not located within a flood hazard area. 17 Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incor orated AIR QUALITY. Would the project:, a. Conflict with or obstruct the implementation of the applicable air X quality plan? Source s: SCAQMD Air Quality Handbook; b. Expose sensitive receptors to pollutants? Source s: MEA, p. II-F-8-10, Fig. H-F-3 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, which exceed quantitative thresholds for ozone precursors)? Source #s: SCAQMD Air Quality Handbook; d. Create objectionable odors? Source s: X SCAQMD Air Quality Handbook; Existin Conditions ae Air quality is expected to be affected during grading operations, given the quantity and method of grading transportation. However, it is not expected to be significant. Project conditions, including watering of the site, will lessen any impacts. Such emissions are not expected to exceed those listed within the South Coast Air Quality Management District Quality Handbook as calculated on Table 9-1. Furthermore, the use of a single -family residence is not expected to significantly contribute to the violation of any air quality standards. Therefore, the proposed project is not expected to conflict with or obstruct the implementation of the applicable air quality plan. ba 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 will mostly affect air quality during construction operations. 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. iff d® During the construction phase of the proposed project, diesel fuel odor may be emitted; however based on the scope of the project the impact is expected to be insignificant. Therefore, there will be no significant air quality impacts for the proposed use/project on this site. IL7 ISSUES 6 TRANSPORTATION/CIRCULATION- Would the project result in: Potentially Significant Impact Potentially Significant jJENVIRONMENTAL nless °tigation Incor orated Less Than Significant Impact No Impact a. 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 X volume to capacity ratio on roads, or congestion at intersections) Source #s: Project application/site plan; 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 equipment)? Source #s: X City's Public Works Division; Project application/site plan; Trip Generation, 5th Edition, Institute of Traffic Engineers; c. Inadequate emergency access? Source #s: X City's Public Works Division; d. Inadequate parking capacity on-site? Source s: City of Diamond Bar X Development Code, Tittle 22, p. III -91, et seq.; Project site plan; 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 X Works Division; Congestion Management Plan, Ordinance No. 01 (1993); City of Diamond Bar Development Code, III -157 et. seq.; a f. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g. bus turnabouts, bicycle racks)? Source #s: General Plan, p. V-22; Congestion Management Plan, Ordinance No. 01 (1993); City of Diamond Bar Development Code, III -157 et. seq.; g. Change in rail, water, or air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risk? Source #s: MEA, p. II -T-36; project application; Existing Conditions a. Vehicle trips will increase temporarily during construction, but not to an extent to significantly exasperated any existing traffic congestion. A permanent increase of an average of 9.55 trips per week day will occur from the use of the single-family residence, which is considered insignificant. Additionally, this is a single-family residential infill lot that was expected to be developed. Therefore, an increase in vehicle trips which is a substantial in the relation to the existing traffic loads incapacity of the street system is not expected as a result of this proposed project. b. The on-site and off-site circulation has been reviewed and has been found not to results in hazards to safety from design features were incompatible uses. c. Private roads, Indian Creek Lane and Pleasants Meadow Road, which deposit into the public street identified as Grand Avenue and an alternative route, Diamond Bar Boulevard, provided vehicular access. These access routes are considered adequate emergency access. As a result, it is anticipated that the existing emergency access for the project site will be adequate. d. Pursuant to the Development Code, the proposed project is required to provide a minimum two -car garage measuring 20 feet by 20 feet. The proposed project will provide a minimum five car garage,three full-size bays measuring 10 feet by 20 feet each and two bays in tandem measuring 10 feet by 20 feet each. Therefore, the proposal will not result in insufficient parking. 21 eo, fa The proposed project site, which was cited for a single-family residence with the original tr approval allows for future levels of service with the final map approval. Therefore, levels service have been established. The proposed project must be consistent with the Gene Plan's Vision Statement and maintain an adequate level of service on roadways. The propo; project is consistent with the General Plan and maintains an adequate level of service a roadways. The development of one single family residence, on infill lot, does not conf with any City goals objectives or strategies supporting transportation. ge No rail, waterborne, or air traffic facilities or operations are in the vicinity of the propo project. Therefore, the project will not impact these facilities or operations. I ISSUESENVIRONMENTAL 7 BI®LOGICAL RESOURCES., Wouldthe project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 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 X regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? Source s: MEA,p. II -D-1-8; General Plan, p. III- 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 X by the California Department of fish and Game or U.S. Fish and Wildlife Services? Source #s: MEA, p. II -D-1-8; General Plan, p. III -11; City of Diamond Bar Development Code, p. II1-149 et 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 Bar Development Code, p. III -149 et. Seq. 23 Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated F d. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community conservation Plan, or other approved local, regional or state X habitat conservation plan? Source #s: General Plan, p. I-15-16, p. III -11; MEA p. 11-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 X wildlife corridors, or impede the use of native wildlife nursery sites? Source #s: MEA, p. II -D-1-8 & 18. Existin Conditionsa. - 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. The project site had contained 21 California Walnut trees. California Walnut trees are protected and preserved per the City of Diamond Bar Development Code. Preservation of all 21 trees was not feasible and it was determined that keeping the trees would compromise the property owner's reasonable use and enjoyment of the property. The applicant had a landscape arborist submit a report on the life and condition of the 21 California Walnut trees in which it was determined many of the trees were diseased. The City reviewed the applicant's request to remove the California Walnut trees. As a result and as part of the original approval for the existing single family residence, a total of six, twenty four inch box California Walnut trees were to be planted for replacement. The newly proposed development will not impact any habitat or destroy any trees because presently, there are no California Walnut trees at the project site. During transfer of ownership, the California Walnut trees which were suppposed to be preserved and protected were removed. Therefore, as part of this project's conditons of d. The proposal will not result in an impact to wetland habitat because no wetland jurisdictional areas exist on site. e® The proposal will not result in an impact to wildlife dispersal or migration corridors because none exist. VS Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated g ENERGY AND MINERAL, RE SOURCES. Would the project: a. Conflict with adopted energy conservation plans? Source #s: General Plan, p. III -14; Uniform X Building Code 1998; b. Use non-renewable resources in a wasteful and inefficient manner? Source s: MEA, p. II -S-1; Uniform X Building Code, 1998; Project grading plan; 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 State? Source s: MEA, p. III -B-17; Existing -Conditions - aa The proposed project will be required to comply with the Uniform Building Code design and construction standards and City's Energy Conservation Standards. ® The development of the project will require the use of non -renewal resources, specifically fossil fuels for transport and grading. however, the proposed project will require minimal grading. As such, it is not likely to utilize non-renewable resources in a wasteful and inefficient manner. ca 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. 25 FTS Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Litigation Impact -77-77- Incor orated 91 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 X accident conditions involving the release of hazardous materials into the environment? Source s: MEA, p. I1 - 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 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 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 significant hazard to the public or the environment? Source#s: MEA, p. II -M-1 et seq.; project application/ site plan; FTS 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 residences are intermixed with wildlands? Sources #s: IEA, p. II -K-1; General Plan, p. IV -1 et. seq.; Uniform Building Code, 1998; project application/site plan/landscape plan - Existing Conditions - a.,c. The proposed project is not expected to create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials; 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. It is expected that materials utilized during the construction phase will generate less than significant impacts. Additionally, there are no schools located within 1/4 of a mile of the proposed project site. 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. e. The project site is not located within an area where wildlands exist. Therefore, the proposed project is not expected to expose people or structures to a significant risk of loss, injury or death involving wildland fires. Additionally, the proposed development will likely result in a decrease of brush, grass, or trees that may result in a fire hazard. 27 Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incor orated 10 N®ISE. Would the project 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 X groundborne vibration or groundborne 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 et.seq.; project application/site plan; 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. H-G-1 et seq.; City of Diamond Bar Develop- ment Code, p. III-81 et. seq.; project application/site plan; Existin Conditions a., b The proposed project will increase existing noise, but to the extent considered less significant in a neighborhood of existing family residences where it is expected that an in-fill lot will eventually be developed. However, given the proximity of other residence during construction/grading, it is likely to reach a 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; and exterior construction activities shall be restricted to the hours of 7:00 am to 5:00 p.m., Monday through Saturday. W Potentially Potentially Significant Less Than jT Significant Unless Significant No Impact Impact Mitigation Impact Incur orated IJI�ERNKCES.,WoOld the ro ect have an p J _. 11 effect -upon, or result 1n a need for neva or altered ove - erit sex view, 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. 11-0-1; X 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 Existing Conditions aa,. 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. Furthermore, "The Country Estates" has her own private security patrol. It is anticipated that the proposed project will not require the development of new or expanded facilities or services. 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 proposed project is required to pay school fees. d. The proposed project has the ability and is required to hook-up to the existing sewer system under the supervision of the City's Building and Safety Division and the Los Angeles County Sewer District. with the appropriate fees and plans. As a result, the proposed project will not need a new or altered sewer system. The project site is located within a private gated community, therefore the maintenance of the immediately roads -streets, storm drains and sewer systems are the responsibility of the private association. Therefore, the proposed project will have no effect upon, or result in a need for new or altered government services relating to the maintenance of public facilities, including roads. e. 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 Incor orated 12 UTILITIES AND SERVICE SYSTEMS. Would the project result in a need. for'neW'systems,or ` supplies, or substantial alterations to the following utilities: a. Power or natural gas? Source #s: General Plan, p. I-18, VI -2; b. Communication systems? Source s: General Plan, p. I-18., VI -2; c. Local or regional water treatment or distribution facilities? Source #s: General Plan, p. I-18, VI- X 2; d. Sewer or septic tanks? Source s: General Plan, p. I-18, VI -2; ::I_ e. Storm water drainage? Source #s: General X Plan, p. I-18, VI -2; f. Solid waste disposal? Source s: General Plan, p. I-18, VI -2; g. Local or regional water supplies? Source s: General Plan, p. I-18, VI -2; Existin Conditions a. -g. The development of the proposed project 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; sewer systems; storm drainage systems; and solid waste disposal systems. All said systems and supplies for the necessary utilities are existing. ce Potentially Potentially Significant Less Than ISSUESENVIRONMENTAL Significant Unless Significant No Impact Impact Mitigation Impact Incorporated I REST TICS Mould th `project a. Have a substantial adverse affect on a scenic vista or damage scenic resources, including, but not limited to trees, rock out croppings, 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. III -10; City of Diamond Bar's X Development Code, p. IV -11 et. seq.; City Design Guidelines, p. 1-25; Project plans/application; c. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Source #s: City of Diamond Bar's X Development Code, p. IV -11 et.seq.; City Design Guidelines, p. 1-25; Project plans/application; Existing Conditions a. -c. The proposed project it is located in "The Country Estates" a private gated community. Aesthetic impacts have been considered for this project. The proposed project will not have a significant detrimental view blockage impact. The project site will not affect a scenic vista or damage scenic resources. The proposed project is consistent and compatible with existing and recently approved projects within this gated community. The proposed residence is in compliance with the City'sDesign Guidelines. As a result, the proposed project utilizes good architectural design and features, and offers variety with regards to colors, materials and textures. Therefore, the proposed project will not substantially degrade the existing visual character or quality of the site and its surroundings. Furthermore, the proposed project will not create substantial light or glare, which would adversely affected day or nighttime views in the area. This is anticipated development of an in -fill lot and lighting will be consistent with all other residential developments within this area. R Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated 14CUL T L .. S®CSSouldtie project: a. Directly or indirectly destroy a unique paleontological resource or site or unique geologic features? Source s: MEA, II -H-1 et. Seq., b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5. Source s: MEA, II -H-1 et seq.; ---------------- c. Cause a substantial adverse change in the significance of historical resources as defined in 15064.5? Source s: MEA, H -H -let seq.; d. Have the potential to cause a physical change, which would affect unique ethnic cultural values? Source #s: MEA, II -H -let seq.; e. Restrict existing religious or sacred uses within the potential impact area? Source X #s: MEA, 11-11- let seq.; Ex* tan It ons a. There are no palenontological sited identified within the City and the project site which currently contains a graded flat pad. Therefore, the proposed project will not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. bo 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. Therefore, the proposed project will not cause a substantial adverse change in the significance of archaeological resources. M c. 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 not 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. d.,e. Into unique ethnic cultural values, religious or sacred uses are located within a quarter mile the project site. Therefore, the proposed project will not have the potential to create adve impacts on said resources. 33 Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant leo Impact Impact Mitigation Impact Incor orated 15 RE CREATI N® W6 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 be accelerated? Source: #s: General Plan, p. H-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 #s: General Plan, p. II -1 et seq.; Existirz on on a.,b. Single family residence projects of this type are not generally associated with creating adverse effects on parks or other recreation opportunities. Typically, these types of projects eventually constructs swimming pools, waterfalls, patio areas, etc. within the rear portion o the site. Also, "The Country Estates" has its own private recreational facilities which are available to the project site. MS ENVIRONMENTAL ISSUES MANDATORY FINDINGS IAF:; 16 SIGNIFICANCE Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 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 community, reduce the number or restrict the range of a rate 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 disadvantage of X long-term, environmental goals? 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 X 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 X directly or indirectly? 99 ExPin Conditions a. Due to the information presented in the application, plans submitted and site survey9ofthe anticipated that the proposed project does not have the potential to degrade the quality 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. Due to the information presented in the application, pians submitted, site surveys, soils report, hydrology report and analysis within this document, it is anticipated that the proposed project does not have the potential to achieve short-term, to the disadvantage of long-term, b. environmental goals? Due to the information presented in the application, plans submitted, site surveys, soils report, hydrology report and analysis within this document, it is anticipated that the proposed project does not 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.) c. Due to the information presented in the application, plans submitted, site surveys, soils report, hydrology report and analysis within this document, it is anticipated that the proposed project does not have environmental effects, which will cause substantial adverse effects on human d. beings, either directly or indirectly. M 144 ' j(r— .- '� � Lm�^ -4'• �'. le^Lc'ze ss... rt .... ;'i�E�A� S Tziy.-rro segi•wr .. .' .. •F+.. �� , ark. rA k^. pP 1nC2 arP.h 7sr �. W�� U BAR C $ y (rr3 �+ a -•I ar F:..aa t; ;re sa l.r 637 AGh cy J iUW � K Ty � L A aY'S'c �\ I (D OCT5oil INK ....r 4 "!n";FL vFt. b. Sd s F •�_ •• ,.,:rr `° .I r .area,; ','. �,� \\.., i '`^ `•, _ . i - � 1 GO �l At P A~^ --- -- i , � ,� ` .., !i E''-fJ ,5 i'i•_k. i 1 �F'YfR I S ..._ {E \ _ .1 \,TUS s 14111v - `'F- �..'a.rt. ' $' �.. E� ,�`1 I �•. ,I P:'. .. ._ _ .. 125?i •'_� � u '� rt 4q- err N i 3 1 APPROVED LIGHTINu ;o * f 9 pJ PE4T�i4& 3T FHOI.Fr VAnD SL:TOAGBC e i YPI.AM /.p`• . 1 ; - ,.e '' - / - ' \ t. 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TME ENSU MIS xonn[+ITM IS NOT PERFOam. nQ U"IGITW LLxMA1W 9WL ASSWf FIAL REXPORIOILITY EN,IMS NECESSARY. ' ALL SARUAOpI EWIPYgt NOT OMENUESE DETAILED PI SPECIFIED SMALL SE INS4YEII AS PER WANSF PIRBCE RELXXIMgOARMS Y0 SERF .O.S. ROTA IT SPEOF.OVIS FW AOTIRM.-TIED IMceuanON. M�u1IT-CMIx vKNS) UNIT, AS !tr M LIE OCTARS LAE FOR MILL INVAWITW ONLY. µYL Wr NOT ff REPLI=ES ON All FEAST PNIce l0INS1AWnO1 LIQ NITMnce STALL VWiix nM XHE O -SITE CAADES IF MERE R µ CIEYAnan 0➢iREN[E O if ce YOE BETVFFN MC xIOEST x3µ AX ME LOMST MAO OO A SYSTq, lIE mV5 MYL BE D5TY2ED PER IXTAIL ME IvxMAnln vIALL NAIFY n; smc PREss"E ro m As RiAFm M 11E sYiTq A3WNEYgi6 sxmAD RIE Hent E591NE EXCEm STY IxSTYI A munME Bm SALES PIES tE IEOAAi1NG TKN fIN A SEPARAn VKN 0051 DMECRY DOwi E1PFµ K ME &OELOY PFENxITd OMLE SEi TIE RrakAnxc V.N Al i0T HI 1Hµ 111E 5(Alm iPt NEWI(IgFAIi SxaAT ME nme PnfsveQ � ua Mµ TI¢ veno Pmsoac uonFr TIE ARMInn IWm1+IILY. ALL STATED -STS 1N - CALL-WTS AAE AONIOD UP TD IK NGAEST GN16O. N,CGAMLS PEA .. SU�n IS AS ARM 9ECNlED. TME DO ISATIN !�"AL_ R P"S WLl NAARY OMC NT AVAR.AC�HIECY TWE= PREBRONETME YON TIE µD 512.1. to AE START OF INSTAUARM. AAL LOY -TACE WIPE qW ONMOLIN ro YENS MYL EE S0.1D CcePCA IIF fle Ofran mNK TYPE 2 G.IIX IxSUUIm AiRE ([R CMM0. ANO W11n iW COYIDV. INSIYI Ix A [OdWI IPOIq ATM PNESSWE -NE 1111x4 TM RE PDSSIOLE. BUN0.0 AIO TAPE 10 PIPE Ai 10 TOOT INRRYYS PRO lSE I IN'- OF IC - -NPLL PAESSWE YARN ME PINE Nq 12' YIN. COMA ONII ALL NM-HQ911RE U1FAK LINF. VE L_ PANG AREAS IS TO BE INSTALL➢ IN PVC SCx d0 S=IC µM b' uM. mNEa STEN ON S TO . AS SxOM OI PLANS µ0 IN— PER DETAIL ARE ALL TOµ( W.IPIOI ONES LOGO LIN BAR, A5 81�.WCO& INSTAREAS LLED /LFO IM t OIAPoGILEN PLASTIC vINEINLLl4 OOY ME WEAMAMEADOR P IPE µ0.O_ -, INi,PnN�, K SN . YAM MM I PTC MNEMES WJPLIxC. All INEE M, ALL SPRAY x3µ, MM No2BEi O INE ARPN BPN MW IXOIfL O RADIUS (ce TIE AREA TO RE mNPfIl µa51 ALL PDT- ro FII.... SPRAYING Y+IFA M BALDM4S AND NµDSCIPE AOaIT ALL VKNS ROY E ARNAS TO _.m venula PERFGRYARQ'. S CITY OF DIAMOND HAP O ppT 22 DF TRACT " 23603 PLEASANT MEADOW ROAD HR.F AND MRS. SURINDER SINGH BHO 9866 HOUGTON AVENUE TA FE SPRINGS. CA. 906)0 Fl-- -GIF TE4 562/062-1321 fL 23AIS E. PLEASANT MEADOW ROAD Ra, 1. PDe Ile. ARA BE AMOND BAR. CA 91165 I DBO TYFtIn Grove DSI vR ITT WI OM DETAILS 6 LEGEND Tustl (, ERA. 92>00 Ic AXPIR ELS 116X SOB -11"D vaL IN THE Cl TY tff' DIAMOND ➢AR I I I I I I PVC WI'NINE PVC. AI -I 1 N 11 ' I2 ...I SIC 2/ N N AND M E HEM GR+OE IN .- COAN -I 1/2' TORN AREIS 3 ® GATE VALVE ..IN LINE OR SIE. 1LUlf -t- I u I REAM BK[FILL O LL. I, LIC PIPING *O Bi 1 M` D IN MExMEi . TIE µ0 TAPE w1Fi; 111. IN' R S 1 TIC A LOOff ID' LTW IN M 1 LO AE MANGE O DIRErnfI: GRE+1ER Mµ 3'f. JNIIE AD LOOPS +FIFA +LL .OxxfC1I0x5M'WONT BEEN MADE. I.... GIMtINE NINE M TIC uNOFR510E OF S SEE INNIGAnGN SPETIFIGRMS FOR BKNFILL ANO CwPACITM NEWIRCVEX'S. ® TRENCHING I O POP-UP BUBBLER ® RAINTORD i906 -SN _w_u LA1411 POP -IIP 1.30 20 0 RAINBIRO 1BOB-Sµ-1150-U LAW PCY-UP RA711BIP➢ tB06-STY-15H-U LA. PDP-uP .65 20 8 O R NEIRD IHW-SAY-LSF-U U. Ke -W I.m 20 0 ® n N8110 FEB -PRE PRIES ELECTRIC RETIRE CONiRM VALVE e .:No:. in WI[ EDUPLING VALVE WATTOLING TEL.On VINYL COVER ® FIRM 825Y RE7 PRE59JRE PRINCIPLE BAIXVtOW PREVENTION OEV M SEE PLAN FOR SIZE G D.C.15�1N1115 LINE SIL GATE VALVE © RAINBIRO ESP SERIES EIECMIS WALL uWNl CWiR_N SIZE PER PLAN APPRD- LATERAL LINE EL 2m PVC PIPE. ME AS ROTOR -- APYRONII MAINLINE 1 1/2' 1, EYAl3ER EPI. 10 PVC PIPE 2' & URGER R. 315 PVL PIPE _-= APPROt SLEEVE 'M 40 PVC PIPE N' DIA YIN. INS TYL 21' BELOW FINIENEU DARE EXTEND 12' PAST DOLE OF PAVING --- APPROVED CCNWIT. SCH. 10 PVL PIPE. 2' UIN. 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SHALL fNMFWEEE1S155I,, ANO -I, ATL STNINNER M -I Am V.NS ice DPr_ OR.- ASM p1AIN ME 1 AYW CP1gA➢N" G SPRfS,UPE iOl Ga sYSRY q� IxCLWC REd R' RIE PR St AI EAq -W TO NO ,MALL SESINSIRLLED IN PLµTINGAIRANNAM ALL. IPA P S "�1NEI CCNIR DN SHALL LO ATE M . MTESTON R IN O'4Y NaB YEAS IT Is MF RESP¢NSIBWIr O ME IRRIGnOx COxiN.'Ice ro FµaIANL N1Ymf WiM +LL DIME OIDFLRENCES. LDGnM IN. WALLS, WCT+THING PALLS S1µCNRFS Am MLITIES ME RiR14ARce CO1UB[flWl 91YL A— ON REPUfE ALL VERS oµALFO BY x15 MXPL EE 41ALL CmµiXAtE xis RRk WIM DHEA COIMACICRS Fce LOGITav AND .-TION OP PIPE 9dN5 µD G1FRN5 IMmM PALLS NIDFP ROµWAY, +W PANN4 CIG OR NOT ML 1 EASE. TIE SP RA LFA S1zTOA AS SHVµ M RE SPIARNE; AMER, IT IS ceNOIS Ix TIE ENEID THAI lRIXNOYN cesMMCnaxSS WAOC ODTgq[CS ce DIRGNIRS IN INE AREA DIUFNSIO2 LXIST MAi u1Mr x01 IBM BEER CMSIOFIED DE gEINgIxN SUM OBSnMnMS ce OIFfFAfN[ES SNLLS➢ EE BPWMI 10 THE ATIFNRM O MC OWq'H µMceOm INREYxpAnN. TME ENSU MIS xonn[+ITM IS NOT PERFOam. nQ U"IGITW LLxMA1W 9WL ASSWf FIAL REXPORIOILITY EN,IMS NECESSARY. ' ALL SARUAOpI EWIPYgt NOT OMENUESE DETAILED PI SPECIFIED SMALL SE INS4YEII AS PER WANSF PIRBCE RELXXIMgOARMS Y0 SERF .O.S. ROTA IT SPEOF.OVIS FW AOTIRM.-TIED IMceuanON. M�u1IT-CMIx vKNS) UNIT, AS !tr M LIE OCTARS LAE FOR MILL INVAWITW ONLY. µYL Wr NOT ff REPLI=ES ON All FEAST PNIce l0INS1AWnO1 LIQ NITMnce STALL VWiix nM XHE O -SITE CAADES IF MERE R µ CIEYAnan 0➢iREN[E O if ce YOE BETVFFN MC xIOEST x3µ AX ME LOMST MAO OO A SYSTq, lIE mV5 MYL BE D5TY2ED PER IXTAIL ME IvxMAnln vIALL NAIFY n; smc PREss"E ro m As RiAFm M 11E sYiTq A3WNEYgi6 sxmAD RIE Hent E591NE EXCEm STY IxSTYI A munME Bm SALES PIES tE IEOAAi1NG TKN fIN A SEPARAn VKN 0051 DMECRY DOwi E1PFµ K ME &OELOY PFENxITd OMLE SEi TIE RrakAnxc V.N Al i0T HI 1Hµ 111E 5(Alm iPt NEWI(IgFAIi SxaAT ME nme PnfsveQ � ua Mµ TI¢ veno Pmsoac uonFr TIE ARMInn IWm1+IILY. ALL STATED -STS 1N - CALL-WTS AAE AONIOD UP TD IK NGAEST GN16O. 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PLEASANT NEADDV READ DIANEND DAR, CA. 91165 GRADING GMMLALNOM provision. as cn¢pa- 31, nrs amll per° 9A 'm a tna 0 Ston0 i199tnm pA LaaaS-Inc-aI""'1' .4s.aball..Sly sil)1... al pCaAv4rrmve mRaaLLsad CaoY'o epplAA yith Nmilds a q il.no__gy _it bonbv.n 9a1n9 hll omDSmHbmc.I an W .... d by the city —a - All all mlepen thnil bm cmmpnctmd to not I.A. th.n 99 Pacsmt U. —a— aOL6avmat at the ..Chou don. Y• a 9111W g,C =W- t dutSlcGnt GmG a[ a.il pros aztrmm Lnaluding ao1, ty@ve and 1. gp a A C mava�Rr ahaa[ mt[an0tho oo.,a its,ba de during gradin i -P ... lana to tmtingaoTillmba [ 8 L°e Sn�tha Liml ¢sT-hngr°dadlrapazt, " field da^e1Cy �' avAl PGaIT t oC 4na CSCy. R p$H10ia numboc of ups^ cmagrm®to TA _CF_ Caata be mdm am Yollaval On° Got Its, cash tuo-foot vKCiral lift. IO9I cuhlc ynrda at mGaLal plaoad. C p Pv IM b. On. mm PK coca num �®oo, alopo taut¢ to varlty A mutt mI It1aBa f Wam loe i ^.n t num a ...past a a K o. 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LAcXmWs . f. Sn. nvilmongineK end mnginmar"' go°lmglm' aunt docu.nnt and .r t. mpprovol by the a. mel tgC opt rough gcad3ng by Plnal cmpo[C pr City. TTv Llml report amt Sncluda an aa -graded gaotaNnlaol 08Vi6K eweWL map. ®, Tna .Lla a oo SCK end anglna=Lng gaol.gimt mu.t mks a vSth 6a UL log of Sha lea An,.1m dLv. Wb d16 ¢IDC CJ.9 Caen i� Sinding In dm o. Countyy Eulldlly Cada 4K.ths graded ale° print to mppr--1 by 1Ga aWVA CaBB� vpl� the City. bas p and/sr vall ° 4m^v m vt m obmarv.d and �' ffi mnation c pt d in Sting by teTye .oil. anglvwae o nglnamrleq gaologimt prior to placingmnKats. op• mdA — wF �I a6a8 A A.gist.zad civil tDminmr mholl mokmit m ccm4in9 m.sIt l.ntm ® Wl.ma� � � t° the Cltya IDgInmK 1w a tom la vorking ,d Ys uPaf opar-La.nm. CKtrtivaG t _ omspimtlon [ 81sa1 goading .boil ba immu.d ubi.at tT. city G vi-ar ° mt. .,dtmle _ pmnsc appcovaa mi maSfl Evp3nmK•a GrtitLasm. Fdrl •."c`. -.. I. Taa Soilm end 0.toaagp 9.port ,..gaped by 4-1^- null bemomm n pare .S thi geaddvg I daGd nn plan ane.�alradzs� ®ndatsom ental -d. ch.r°L nmll ba Gslatly Pm lm mit no approved grading mot a. A copy L the .caging I'd flva13mb1e at K ba in thnoasemalan of a zPmulbPar"' i the I. t .11 aims. l9. Tinal gam inn at bo .,proved bit... °crop..., at mildingm viii b allwee. Id. Thos. nor c aam Pave bman.mackm by she City of Dl In ver OStG o ocm With City staMKds, nap n, 9 ,,Sova nchatt"lh'p r 1 °yo dnvalopaant .olid°mom to' D awe tom Bz.lnagm Kd Has Y ata sneak ym mea thmza•grmdae aahovn 11oea dstnilae m¢Namtimol Sslot... ° prapoeaH efiliti m. naludllg a81 mSmtLW utllitive mhaan oz not mown. gS, mot a tar enol! .stir, LRm City IIogin.K•m at6lma it taut (16) hasom Sn Idem o2 intention t90Eao gly grading ant, 1 a,. CONG4EY6 Ran � 9m 0CY8 .... Tmp RLL ON MN Sion 1.5{,��- - eGe➢Ad U1aAP a imt Jam" WWvaa RN1 vfjlw9, __ �_ a 7 malmA YtR W mn ®N m lam. vq 1@O1m�• d Lad M R fapl Il[ S VICINITY MAP No SCALE DUTY 0, dALCfA DM w v,umart a�� art ml.Y Imo. — iuempnlc �aaa,va W � m s vans, aero.. vu GSJ ENG9SERS I ASSOCIATES 1719 WESER WAY LA YERW-CA 017m j TEV 909/193-7991 6.6-oa OETh4-dnC.,-RO-Z-0 P" 59/gN E5%OOAI •. 201 P-ua ,ol .0990 n ffi E.. CA. GA ROAD PLAN aii.f::1iYi'✓ti�filYnh1 1:P;1 ......._ ... ... 120 1 1 1 ioo y. PER5OPpTEO cur .... ...... .. .. 90 W VOR ptEO n� ae7t � � Iar. BO BO P. PEAfORP\f0 fLL PP E9 1 OR 5y0' raDPDYD �vu0 Suxr.[E .... . . 10 10 60 so - .. _ _ .. 40 ao SECTION A—A —11 1 = vfaL nrr ITT 16F D -OND BM C rtlpT 1OrOF YBPLT NO.O]68] ROM �c _3fJ3.7� L?•FB G• m��i'isx 1W. At81O108UEN ]NOH ENOON. 9009 ON �awomaca..rm.w �. worw w >r nao. 1fi° aw.e>e »rr .C& BO SNlYA FE Sf "77 CA 97O TEL 39Y/8BiK97] 3610 2wwo aP�Af10W ROM E HERS 6 ASSOCIATES BAR. CAA WEBER WAT LA9E B R 9n50 LA PA1 6 m � mmozE ANI TE4 909/591-1995 1- Q. IXI-1.1=11-1� T r_v )-ooQr in-Dw / �.o—aQQZ l T O)o-T()Z AW I I I - QQOZ (7 Vl a"? � itoId r 'CIO L�7 lO r Al, 00-9-9 a351n32i 00- -b 00 -LI -b aDGIAD'2! no -000Z CMI)w 9-,D-c3ooZ' oc, 8 1 9 35 %\N QQCZ N 0 1 1 V 7 .0* -' 15 13N'V-IH9IH. AG -7- 1. IT=;Hg GLI MG 09'1fUG SC rdYMC3 -NNflCL LG 2IIHM 9WI.A MZ: Hlz!u - VI.5sv=1 "00 3"111 2=111 ka aGladNrr. NOISGIH aill JOON 3L9N7N07 3'7113004 F-11 T".7. -7- i Aj: A enda Item 7.1 ®DR 2000-11 TP 2000-03 MCUP 2000-06 MV 2000-06 23415 Pleasant Meadow Plans found in project file. alm t City of 13° r r 1 PLANNINGi N October 19, 2000 October 24, 2000 Development Review No. 2000-16, Minor Conditional Use Permit No. 2000-15, Minor Variance No. 2000-17 A request to construct a two-story, single-family residence of approximately 12,340 square feet with two garages for five cars, pool/spa, gazebo, and tennis court. A Minor Conditional Use Permit is required to process the circular driveway and the Minor Variance is a request to decrease the rear yard setback by 20 percent. 2521 Braided Mane Drive (Lot 91 of Tract No. 23483) Diamond Bar, CA Ton -Dei Chiu 1432 E. Peppertree Drive LaHabra Heights, CA 90631 Tein Nang 801 S. Garfield Avenue #338 Alhambra, CA 91801 The property owner, Ton -Dei Chiu, and applicant, Tein Wang, request a Development Review to construct a two-story, single-family residence of approximately 12,340 square feet with two garages for five cars, pool/spa, gazebo, and tennis court on a vacant parcel. A Minor Conditional Use Permit is required to process the circular driveway and the Minor Variance is a request to decrease the rear yard setback by 20 percent. The project situs address is 2521 Braided Mane Drive (Lot 91 of Tract No. 23483), Diamond Bar, CA, within the gated community identified as "The Country Estates." The parcel is 1.36 gross acres and 1.05 net acres. It is shaped irregularly, sloping downward toward the rear, southwesterly exposure. 1 The project site is zoned R-1-40,000, single-family residence. The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. Generally, R-1 40,000 zone surrounds the subject site to the north, south, east and west. This application requires Development Review by the Planning Commission per the City's Development Code. Section 22.45.020.A(1) states that Development Review is required for projects involving a building permit for new construction on a vacant parcel that have a minimum 10,000 square feet of combined gross floor area. The proposed 12,340 square feet single-family residence on a vacant lot applies. 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. Also, this application requires Minor Conditional Use Permit approval by the Dearing Officer, in this case the Planning Commission is the review authority, pursuant to Development Code Section 22.30.080(E) to create the circular driveway. The Minor Variance application, pursuant to Development Code Section 22.52.020(B), is a request for a rear setback reduction for the tennis court. The purpose of a Minor Variance is to allow for adjustment from the development standards of the Development Code. The adjustment may be granted when special circumstances are applicable to the property (i.e. location, shape, size, surroundings, topography, unreasonable regulations, other conditions, or the strict application of the Development Code) denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. The special circumstance must create an unnecessary, and non -self created hardship that makes it obviously impractical to require compliance with the development standards. Pursuant to Development Code Section 22.48.030, permits shall be acted upon concurrently and the highest review authority shall make final determination. In this case, the Planning Commission is the highest review authority for all applications. DEVELOPMENT REVIEW a Development Standards The following is a comparison of the City's approved development standards and the project's proposed development standards: M City's Development Standards ------------Project's Development Standards 1. Setbacks (main structure): 1. Setbacks (main structure): 0 Front yard -30' from property line - 0 Front yard- 30' from property line Side yards -10' & 15' minimum from e Side yards- 24' and 24' from property line property line ® 25' between structures on adjoining parcels ® 33' from one and street side on other 0 Rear yard -20' minimum from property line ! Rear yard -136' from property line i Site Coverage -overall maximum 30% a Site Coverage -Approximately 28% 2. Building Height: 2. Building Height: ® Maximum 35' ® Maximum 34'10" 3. Parking: 3. Parking: ® Minimum two -car garage ® Two garages for five -cars and motor court Two bas 20.5'x20' and three bas 20.5'x30' 4. Accessory Structures: 4. Accessory Structures: ® Pool -Minimum 5' from sides/rear property ® Pool -Minimum 17' from side (closest) line property line ® Gazebo -As required for main structure ® Gazebos (in side yard/closest measurement) Side yard -15' minimum from property line side yard -72' from property line ® Tennis Court- As required for main structure ® Tennis court (in side and rear yard): Side yards -10' & 15' minimum from property Side yard- 20' from property line line Rear yard -25' minimum from property line Rear yard- 20' from property line* ® Tennis Court lighting- As required for main ® Tennis court lighting (side and rear yard): structure fide yards -10' & 15' minimum from property Side yard- 37' from closest property line line Rear yard -25' minimum from property line Rear yard -20' from property line* *The above analysis indicates that the proposed residence requires a Minor Variance application. The description of these standards are listed above in the section titled REVIEW AUTHORITY/APPLICATION. The detailed analysis for the specific development standard adjustments is found further in the report in the section: MINOR VARIANCE. ® Architectural Features and Colors The proposed project's architectural style as referenced in the application is Mediterranean. The proposed style and palette are compatible with the eclectic architectural style of other homes within Tract No. 23483 and "The Country Estates," and consistent with the City's Design Guidelines and as amended with the Development Code. The project's architectural features include portico entry with precast columns and leaded glass window treatments for a focal point; balconies with precast balustrades; Foamcast stucco details, crown molding, medallions, and window treatments; and multi-levels of roof lines of Rio Grande Blend tile and copper metal roof to add texture and contrast. The applicant has received the approval of "The Country Estates" Homeowners' Association Architectural Committee. The following materials and colors are a part of Exhibit "A" > Exterior stucco — Painted smooth and scored stucco, Dunn Edwards SP651 MiIIweed — Painted smooth stucco accent, Dunn Edwards SPS, Weathered Coral Exterior trims: Pre -cast items - Dunn Edwards, SP836, Swiss Coffee Stucco trims/MedaIlions/ Crown/Window trim & sill - Dunn Edwards, SP836 Swiss Coffee Garage doors - Dunn Edwards, SP651, Milkweed Roof tile — Monierlifetile, 1ESCS 6142, Rio Grande Blend Seamless metal roofs - Copper color Driveway concrete - Sandstone color stamped concrete with nature color band ® Floor flans The proposed single-family structure consists of two -stories. The first -story includes the foyer/rotunda; living room; dining room; kitchen; wok kitchen; breakfast nook; family room; coat closet; powder bath; maid's bedroom and bath; laundry; home theater and bath; recreation room with bar; in-laws bedroom, bath and walk in closet; pool storage and bath and two garages for five cars. The second -story includes the master bedroom suite with walk -in -wardrobes, bath with sauna, exercise area, library with bath and balcony, sitting area and balconies; loft area with balcony; Tatami room with bath and balcony; two bedrooms with bath, walk -in -closet and balcony. There are five designated bedrooms and the library and Tatami room have amenities for conversion to sleeping rooms. There are covered parking for five cars. ACCESSORY STRUCTURES The accessory structures include a tennis court, gazebo, and swimming pool/spa. All but the tennis court (discussed in the Minor Variance section of the report) meet the setback requirements. Per the Building and Safety Division all require separate building permits. The infinity edge swimming pool/spa is shown on the landscape plan and also contains a waterfall with precast colonnade arbor at the north edge. The patio area has bar sinks and barbecue for entertaining. Elevations for the precast concrete gazebo have been provided on the drawings. This amenity has a pool and fountain at the base. Also noted on the landscape plan without elevations and details or shown on the site plan is a 20'x20' wood lattice patio cover on the south side of the house. Staff is unable to determine the specifics of this patio cover as to setbacks, etc. Therefore, this patio cover is not included in this approval process. A separate Planning 0 Division review and approval will be required. The 400 square feet for the patio cover would be within the 30% site coverage. Additionally, other walks and planted garden areas are noted behind the main structure. These include paving treatments as well as retaining walls discussed in the site work section. MINOR VARIANCE On May 4, 2000, a revision to the rear setback in the R-1-40,000 Zone became effective. Currently, the setback is 25 feet from the rear property line. Previously, the setback was 20 feet. The Applicant came to City Hall January 2000 and inquired of the setbacks and designed his project with the 20 feet setback. At the time of submittal, he was informed that the setback had been changed. The Applicant is requesting a Minor Variance for the setback of five feet. ® Tennis Court The tennis court with fencing and lighting as proposed d6es not comply with development standards specified in the Development Code. A concrete slab (i.e. sports court) does not have specific development standards, nor does it require a construction permit. However, a tennis court is considered an accessory structure due to the needed fencing and lighting, and requires a building permit. As an accessory structure the tennis court is required to maintain the same setbacks and height requirements as a residential structure (see development standards matrix above). However, this tennis court falls within the Minor Variance category for a 20% setback reduction (20% of 25 feet = 5 feet) and placement at 20 feet from the property line if the Minor Variance Findings of Fact are approved. These findings include special circumstances, preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity, consistency to the General Plan, that the entitlement would not be detrimental to the public interest, health or safety and it must meet the CEQA criteria. The proposed tennis court is placed with a 20 feet rear setback. It is anticipated that the setback reduction impact will be insignificant considering the subject site's irregular shape and configuration and the fact the setback reduction is not adjacent to a residence and abuts the neighbor's garage. Tennis courts are common place in "The Country Estates" and have been approved in the past with similar setbacks. As an accessory structure, the tennis court fencing is proposed at a height of 10 feet and in some areas this is atop a retaining wall (see grading plan), however both are under the height requirement of 35 feet for a structure. The tennis court fencing is 3/a inch mesh chain link with green or back vinyl. In the area abutting the street side, the fencing is wrought iron above a retaining wall. The Development Code does not allow chain link fencing adjacent to a street. The submittal is a conceptual plan, so court lighting will be a conditioned to comply with Development Code Standards addressed in Section 22.16.050. These standards include maximum pole height, illumination, placement, hours of operation, and court surfaces. As well as the items stated above, staff supports the Minor Variance Application and believes there are special circumstances in this case. The Applicant did due diligence in coming into City Hall and getting Q copies of the setbacks for the area prior to commencing work on the plans for this site. He was given all pertinent information, however, at that time, the possibility of the setback revision was unknown. Codes are often subject to change with the changing needs of the agency. However, the plans indicate his planning in complying with other City's Development Standards including but not limited to the height of the main structure, and the fencing at the street side of the tennis court. The grading, drainage, and retaining walls necessary for the improvements will be reviewed and permitted by the Public Works Division. The Public Works Division has reviewed the proposed grading plan and their comments are contained in the conditions of approval. ® Soil Report The Applicant will submit a soils report for the proposed improvements to be reviewed and approved by the City. The soils report will reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. ® Grading and Drainage The applicant proposes to do site grading, on-site drainage, and retaining walls with a maximum exposed height of up to 6 feet. A soils report will be required. Export may be necessary with estimated cut of 677 c.y. and fill of 243c.y, and no notation of export. The grading plan will be required to note the plan for the excess dirt. Per Development Code Section 22.16.030 and 22.28, grading permits are issued with conditions related to air emissions and noise, thereby minimizing impacts to surrounding properties. The proposed design and use of on-site drains disperse runoff to the street and rear of the property. ® Retaining Walls The plan calls for retaining walls in the rear from 3-6 feet. The Development Code allows six feet maximum exposed height for retaining walls and up to 7 feet with areas of varying topographical features. The project's retaining walls do not exceed the 6 feet maximum. Retaining walls will be required to be ornamental by using stucco or decorative block in the conditions of approval. ® Sewer and Water System The Applicant is required to verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed single-family residence will be approved. The Applicant is also required to make application to the Walnut Halley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. I MINOR CONDITION - USE PERMIT The application requires Minor Conditional Use Permit approval, per the Development Code Section 22.30.O80(E)(1) for the driveway that has a greater width than the garage. e Circular Driveway The Development Code requirement for driveways is generally garage door width plus two feet. Driveways may be allowed with greater widths with the approval of a Minor Conditional Use Permit. Many homes in "The Country Estates" have this design feature, and the applicant has received the approval of "The Country Estates" Homeowners' Association Architectural Committee. The Development Code requires a lot frontage of 70 feet, and the subject lot has a frontage of approximately 200 feet. The proposed site plan does not include a driveway approach on Indian Creek Drive, merely a tum around area for on-site vehicles. The Public Works Division has reviewed this plan with relationship to site visibility and has determined no deficiency. Because Braided Mane Drive is at a higher elevation then the subject driveway, cars parked or turning around would be no higher than the maximum 42 inches in height for structures in a setback. VIEW IMPACT The terrain in the vicinity of Indian Creek Road is hilly and Braided Mane Drive. The project site slopes to the lowest point at the southeast comer of the lot. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. LANDSCAPING A landscape plan was submitted for review and approval with this project's application. It will be required that the landscaping/irrigation be installed prior to the Planning Division's final inspection or the issuance of the Certificate of Occupancy. There is a discrepancy for the height of the fountain at the northwest comer of the lot within the front and street side setback on the site plan and landscape plan. Therefore, it is a separate condition of approval that any walls, gates, fountains, etc. that may be proposed within the setback shall not be in the streets' dedicated easement; or, shall any such structure or plant material proposed within the front or street side setback exceed a maximum height of 42 inches. Landscaping trees and shrubs as shown on the landscape plan will be required to soften the height of the tennis court and walls at the westerly and southerly sections of the court. Fh PRESERVEDIPROTECTED TREES The applicant's signed tree preservation statement indicates no oak, walnut, sycamore, willow, or naturalized California Pepper Trees are on site and staff verified this with a site visit. No further review is required. The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the conditions of approval. On October 13 and October 14, respectively, notification of the public hearing for this project was provided in the San Gabriel `Talley Tribune and Inland Valley Daily Bulletin newspapers. Thirty-two property owners within a 500 -foot radius of the project site were notified by mail. On October 13 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 guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). Staff recommends that the Planning Commission approves Development Review No. 2000-16, Minor Conditional Use Permit No. 2000-15, Minor Variance No. 2000-17, Findings of Fact, and conditions of approval as listed within the attached resolution. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan; 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 project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED MINOR CONDITIONAL USE PERMIT FINDINGS: 1. The proposed use is allowed within the subject zoning district with the approval of a Minor 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 Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning districts in which the property is located, and; 6. 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 make it obviously impractical to require compliance with the development standards; X 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). Prepared by: ,%z1.�;�C',,. Linda Kay Smith Development Services Assistant ATTACFE"ENTS : 1. Draft Resolution of Approval; 2. Applications; 3. Oak Tree Statement dated September 19, 2000; 4. Exhibit "A" - site plan, floor plan, elevations, landscape plan, grading plan, site photos, and materials/color's board, dated October 24, 2000. D: WORD-LINDA/PLANCOMM/PROJECTS/DR2000-16 2521 BRAIDED ... (REP DR2000-16... WE W a Plst � PLANNING COMMISSION 1 RESOLUTION NG® 2000 -XX Recitals 1, The property owner, Ton -Dei Chiu, and applicant, Tein Wang, have filed an application for Development Review No. 2000-16, Minor Conditional Use Permit No. 2000-15, Minor Variance No. 2000-17 for a property located at 2521 Braided Mane Drive, Diamond Bar, Los Angeles County, California and part of the gated development identified as "The Country Estates", as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, Minor Variance and Categorical Exemption shall be referred to as the "Application". 2. On October 13 and October 14, respectively, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Thirty-two property owners within a 500 -foot radius of the project site were notified by mail. On October 13 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. 3. On October 24, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. Resolution NOW, THEREFORE, it is found, determined and resolved by the C ssion of the City of Diamond Bar as follows: Planning ommi The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a vacant parcel at 2521 Braided Mane Drive (Lot 91 of Tract No. 23483), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 1.36 gross acres and 1.05 net acres. It is shaped irregularly, sloping downward toward the rear, southwesterly exposure. (b) The project site is zoned R-1-40,000, single-family residence. The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. (c) Generally, R-1 40,000 zone surrounds the subject site to the north, south, east and west. (d) The application is a request to construct a two- story, single-family residence of approximately 12,340 square feet with two garages for five cars, pool/spa, gazebo, and tennis court on a vacant parcel. A Minor Conditional Use Permit is required to process the circular driveway and the Minor 0 C. 73 L L Variance is a request to decrease the rear yard setback by 20 percent. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site, was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995 which has a land use designation of Rural Residential (Max. 1 du/acre). The proposed use is zoned for single- family residence at R-1-40,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Development Code with approved applications for the Minor Conditional Use Permit and Minor Variance. Furthermore, the applicant has obtained the approval of "The Country Estates" Homeowners' Association Architectural Committee. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use intended for the site as a single- family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is adequately served by Indian Creek Road. This private street is designed to 3 handle minimum traffic created by this type of development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design is compatible with the eclectic architectural style of other homes within "The Country Estates," and is consistent with the City's Design Guidelines and Development Code. The project's architectural features include portico entry with precast columns and leaded glass window treatments for a focal point; balconies with precast balustrades; Foamcast stucco details, crown molding, medallions, and window treatments; and multi-levels of roof lines of Rio Grande Blend tile and copper metal roof to add texture and contrast. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of "The Country Estates." The accessory structures, tennis court, precast concrete gazebo, and pool/spa are compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided as Exhibit "A". The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. 19 City permits, inspections and soils reports are required for construction. These will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. The terrain in the vicinity of Indian Creek Road and Braided Mane Drive is hilly. The subject site is generally at a higher elevation than its neighbors. The project site slopes to the lowest point at the southeast corner of the lot. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. (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 proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(x). MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject - zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The Application requests Minor Conditional Use Permit approval for the circular driveway. The Development Code requirement for driveways is generally garage door width plus two feet. Driveways may be allowed with greater widths with the approval of a Minor Conditional Use Permit. Many homes in "The Country Estates" have this design feature, and the applicant has received the approval of "The Country Estates" Homeowners' Association Architectural Committee. The Development Code requires a lot frontage of 70 feet, and the subject lot has a frontage of approximately 200 feet. The proposed application complies with all other applicable provisions of this Development Code and Municipal Code. 61 W (1) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (e), the proposed project is consistent with the City's General Plan objectives and strategies, the Development Code and City Design Guidelines, and any applicable specific plan. (m) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e) and (f), the proposed new construction with circular driveway and accessory structures are consistent with the surrounding single-family homes. Therefore, the project design, location, size and operating characteristics are compatible. (n) 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. As stated in Items (e), (f), (g), (h), (i) and (k), the proposed single-family with circular driveway and accessory structures is suitable for the type and density/ intensity of use, access, utilities, compatibility with adjoining land uses and the absence of physical constraints. (o) Granting the Minor 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. City permits, structural plan check, inspections and soils reports are required for construction. These will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. M t t t �,. {m �.. 6! L ..d (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1910 (CEQA), Section 15303(a). (q) 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 make it obviously impractical to require compliance with the development standards. The Minor Variance request is to allow a reduction in the rear setback for the tennis court with fencing and lighting. Pursuant to the Development Code revision effective May 4, 2000, a residential structure in the 8-1- 40,000 Zone is required to maintain a 25 feet rear setback. The tennis court with fencing and lighting requires a Minor Variance because, as proposed, it does not comply with development standards specified in the Development Code. A concrete slab (i.e. sports court) does not have specific development standards, nor does it require a construction permit. However, a tennis court with fencing and lighting is considered an accessory structure and requires a construction permit and is required to maintain Code specified 25 feet rear setback. The proposed tennis court is placed with a 20 feet rear setback. It is anticipated that the setback reduction impact will be insignificant considering the subject site's irregular shape and configuration and the fact the setback reduction is not adjacent to a residence and abuts the neighbor';s garage. Tennis courts are common place in "The Country Estates" and have been approved in the past with similar setbacks. 0 As an accessory structure, the tennis court fencing is proposed at a height of 10 feet and in some areas this is atop a retaining wall. However both are under the height requirement of 35 feet for a structure. The tennis court fencing is % inch mesh chain link with green or back vinyl. In the area abutting the street side, the fencing is wrought iron above a retaining wall. The Development Code does not allow chain link fencing adjacent to a street. The submittal is a conceptual plan, so court lighting will be a conditioned to comply with Development Code Standards addressed in Section 22.16.050. These standards include maximum pole height, illumination, . placement, hours of operation, and court surfaces. (r) Granting the Minor 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. The granting of the Minor Variance is based on the facts that the use is consistent with the surrounding homes in the vicinity. The subject site is irregularly shaped, and considering the lot's configuration and the fact the setback reduction is not adjacent to a residence and is indeed abutting the neighbor's garage on the west side. It is anticipated that the setback reduction impact will be insignificant. The Development Code allows for a 20 percent setback reduction with the approval of a Minor Variance. Additionally, other homes within "The Country Estates" are similar and enjoy the same recreational amenities and height projection as proposed by this Application. As a result granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to property owner for which the Minor Variance is sought. (s) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. As stated above in Items (e) and (1), granting the Minor Variance is consistent with the General Plan and any applicable specific plan. (t) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. As stated above in Items (f), (g), (h), (i), (k), (1) and. (m), the proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. (u) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(x). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, grading plan, landscape plan, site photos, and materials/ colors board collectively labeled as Exhibit "A" dated October 24, 2000 as submitted and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether. during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. 0 (d) The Applicant shall provide temporary sanitation facilities while under construction. (e) Tennis Court lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 22.16.050 (Exterior Lighting). The following standards shall apply to the lighting of tennis court: 1.Light fixtures shall not be located closer than 10 feet to the nearest property line. 2. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material. 3.Light fixtures shall not be located more than 18 feet from the court surface. 4. .Not more than one light fixture per 900 square feet of court surface is allowed, with a maximum of eight poles and fixtures per recreational court. 5. Light fixtures shall be supported by an arm extending at least 5 feet from a support pole. 6. Light fixtures shall be designed, constructed, mounted and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property line. The incident light level at a property line shall not exceed one foot-candle measured from grade to a height of 12 feet. The incident light level upon any habitable building on an adjacent property shall not exceed .05 foot-candle. 7. Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m, on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays. 8. The illuminated court surface is visible from another parcel, therefore, the court surface shall be treated with a low reflectance, dark - colored coating. (f) Landscaping trees and shrubs as shown on the landscape plan shall be required to soften the height of the tennis court and walls at the westerly and southerly sections of the court. (g) The landscaping/irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. M (h) Any walls, gates, fountains, etc.` that may be proposed within the front and street side setbacks shall not be in the streets, dedicated easement or exceed a maximum 42 inches in height. (i) A separate Planning Division review and approval shall be required for the wooden lattice patio shown on the landscape plan on the south side of the house. The submittal shall include location to property line, plan, elevations and color scheme. (j) A grading and retaining wall plan review and approval is required for cut/fill quantities greater than 50 cubic yards. In accordance with the City's grading requirements, the grading plan shall be reviewed and approved by the City before the issuance of a grading permit. On a grading plan the following shall be delineated: 1. Cut and fill quantities and earthwork calculations and export location; 2. All flow lines, finished surfaces, and finished grades; 3. Proper drainage with detailed sketches; 4. Proposed and existing grades; 5. Sign/stamped by a civil engineer, geotechnical, engineer and geologist; 6. Clearly delineate all easements (i.e. Flood Hazard Area and Recreation Easements); 7. Retaining walls shall not be constructed of wood or wood products; B. Retaining walls shall be required to be ornamental by using stucco or decorative block; 9. Engineered calculations shall be submitted with retaining walls (APWA Standard is not applicable); 10. Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (e) Retaining walls exposed height shall not exceed six feet; 11. All grading is subject to Development Code Sections 22.16.030 (Air Emissions) and Section 22.28 (Noise); 12. Erosion Control plan shall be submitted for permits issued October 1 to April 15. 11 (k) Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the City. The soils report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (1) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed addition shall be approved. (m) Applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (n) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (o) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (p) The single-family structure shall meet the 1998 - California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (q) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (r) The single-family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: 1. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; 2. All enclosed under -floor areas shall be constructed as exterior walls; 3. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/ inch nor more than 1/z inch in any dimension except where such openings are equipped with sash or door; 4. Chimneys shall have spark arresters of maximum 1/a inch screen. M (s) This single-family structure shall meet the State Energy Conservation Standards. (t) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline and may require a height survey at completion of framing. (u) Due to the site's topography, applicant shall comply with special design requirements as specified in the Universal Building Code, Section 18.4.3, building setback, top and toe of slopes. -(v) Accessory structures: tennis court, swimming pool/spa, gazebo, patio covers, barbecue and site pluming fixtures shall require a separate building permit. (w) All sleeping rooms shall have windows that comply with egress requirements. (x) All balconies shall be designed for 40 lb. Live load. (y) Hand rails and guardrails shall be designed for 20 load applied laterally at the top of the rail. (z) Smoke detectors shall be provided in conformance with the 198 California Building Code. (aa) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (bb) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. MI r. (cc) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Ear Development Code. (dd) 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 Ear Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (ee) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Ton -Dei Chiu, 1432 E. Peppertree Drive, LaHabra Heights, CA 90631 and Tein Wang, 801 S. Garfield Avenue, #338, Alhambra, CA 91801. APPROVED AND ADOPTED THIS 24th DAY OF OCTOBER 2000, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. IIn Steve Nelson, Chairman ME I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 24th day of October, 2000, by the following vote: ATTEST: James DeStefano, Secretary D:WORD-LINDA/PLANCOMM/PROJECTS/DR2000-16 2521 Sriaded.../RESO... W WOO, .15, No I m q W, I A I R f I I W7 C"a FPL # Deposit$ Rer-cipt# By Date Rec'd- Applicamt's Agent -P-Pll -. Phon4,)6)-2!!— �-� NOTE: It is the applicant's responsibility to notify the Community Developnient Director in writing of any change of the principals involved during the processing of this case. (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 am the owner of the herein described property and permit the applicant to file this request. RM (All record Cerfification: 1, the undeMgned, hereby certify sander penalty of perjury that the information herein provided is correct to the best of my knowledge. X. Print Name _U A licant or(&9!nt> Signed Date (Applicant oCZ.- Location DO -0 PkZz- (Street address or tract and lot nurnber) �H Zoning — /R — / , 4- db—D-b HNM Previous Cases -'2N Present Use of Site Use applied for CONDITIONAL USE PERMIT APPLICATION Applicant name first) >4r --- =V, Agent MAIJ (Las came first) NOTE: It is the applicant's responsibility to notify the City in writing of any change of 'the principals involved dating 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 cer* that I am the owner of the herein described prop and per mit the applicant toffle this regal eit-;, Signed Date (,�l record o�wners)�w����� D Certification: I, the undersigned, hereby cer* under penalty of perjury Haat the information herein provided is coP Ato the best of my knowledge. -J Print Name J^J A -Al (Applicant or Date (Applicant or Location 8PAOD&D NqlYr— PL.—z /.07- 9/, ®E - 7.-A4cT lVo- -1:3-4P3 (Street address or tract and lot number) Zoning R 40000 House Numbering Map 0 a g:§' Previous Cases Present Use of Site 4r Use applied for City of Diamond Bar Page Two CONDITIONAL USE PERMIT for 571�p '47T !�,AADIW,�r D3 -9411Y A-1YD I Nlr-- 0 k,,A410 -77 0 13 In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commi sion, the following facts: (answers must be full & complete) A. That the requested use at the location proposed will not: Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or Be materially detrimental to the use, enjoyment or valuation of property of other persons located Lin the nity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. moi® B. That the proposed site is adequate in size and shape to acco odate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. 4ES 4 C. That the proposed site is adequately served: Residential: I By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. Y Total Units Total Mg. Bachelor — V Cov. Pkg. Uncov. Pkg. I �26'azqp I Project Size: 4- q�= LotCoverage: � -AU2-6 A'ZA' - Density: Maximum Height: '9 No. of floors: Sq. Footage 3 Non-residential: Sq. ft. area No. of Bldgs. Occupant Load* Sq. feet Grading: Y -X N If yes, Quantity Cut: Fill: Import: Y N If yes, Quantity: Export: Y — N —X If Yes, Quantity: * Occupant Load as calculated by the Building & Safidly Division is requiredfor all dining, take-out or assembly use, churches, health clubs, theaters, etc. LEGAL DESCRIPTION (all ownership comprising the proposed lot(s)/parcel(s) Area devoted to structures Landscaping/Op n spacer, Residential Project:. 4-C,47,? and (gross area) (No. of lots) Proposed density 1 Z� CK7' twl mi) Parking Required Provided Standard Compact Handicapped Total Add,., /432 popzW7Wb�e. City Casa FPL # Deposit$ Receipt# By Date Rec'd Applicant's Agent (List name first) I WX ON WWI M�i MCIMMI (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 fde this request. Certiflcation: 1, the undersigned, hereby certify under penalty of penury that the info tion hereinprovided Is.., correct to the best of my knowledge. Print Name /J A -A4 -Z7 TO- -2- AJ -D r7l .3 (Applicant 7) 14 Signed 1-7 C-- Date S r. -I (Applicant o Location Ott' 7—rV ®. 3 (Street address or tract and lot number) OF 431--tweeff- RRAIM IMAX PP— and zaDIAN -C-BZag (Street) (StrcrA) Zoning 0 Project Size (gross acres) Project Density Previous Czses Present Use of Site 1 V14 e . morz-A Domestic Water Source IV4 Company[District Method of Sewage Disposal `.6 ion District Grading of Lots by Applicant? YES --)L- NO A -mount (Showa grading design on site plan or tent. map) LEGAL DESCRIMON (All ownership comprising the proposed lots/project). If petitioning for zone change, attach legal description of exterior boundaries of am subject to the change.) L-07 V or- z 3-4pzZm, y cAijk7-a4 IF- 6it, ID Project Site: Gross Area NO. of Lots A-Imb Area devoted to StructuresIL -11-61 --v'0114141'U�7 � S =11W I! Residential projwt: AA) d V �3 sF L i vhg an 'Gross Area No. of floovi Proposed Density I Z - U 'ts/A Number and VIpes of Units Residential Parking: Type Required Provided - �- Total Required Total Provided _�7 VARLANCE CASE -BURDEN OF PROOF In addition to the information required in the application, the applicant diall substantiate to the satisfaction of t" Planning Commission, the following facts: . 4 Adversely affect the health, peace, comfort or welfare or persons residing or woricing in the surrounding area, or Be materially detrimental to the use, enjoyment or valuation of property of other persons locat�? in the vicinity of the site, or 3. Jeopardize, endanger or other wise constitute a menace to the public health, safety or genell welft-ta. B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facties, landscaping and other development features prescribed in this Ordinance, or as iz otherwise required in order to integrate said use with the uses in the surrounding area. I. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. D. That there am 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. The subject property contains no oak, walnut, sycamore, mellow, or naturalized Califomia Pepper trms. 6 p icant"s Signa. CUSTOM HOME 2521 BRAIDED MANE DR., DIAMOND BAR, CA 91775 Jim SKEET INDEX ABBREVIATIONS EAST FACADE NF ERAL — 11 21.1111=1 mmelm�H AO,i TITLE EHBET A— EYE PLAN s umu.r ouR.n E IT. Tv°OxT ar x..v I. ARCHITECTURAL ..,.:.°•°.:».m...—. n•......�. Al, FA.S. r • PIRST FLOOa PLAN FPRF. n A3.1 „r A2] 9EGOND FLODR FLAN Ap.i. Fib °rmm. �6R. aee FURa. REFR � P'+•r' °r � en2S' '�I� ® 0 A2.9 ROOF PLAN APPROW.vv'w.t. 6A ° . m• A. EAST a NORTH ELEVATIONS ARCH. u A-. bg V. ,. RL'bIL m 3.1 WFST a 50UTH ELEVATIONS A.I. •,v° a ha.I-1-CIN6 5ECTIONE o? srP. crw REv.�. x...m• ., mw.. BLDG. CIVIL ELK. I NN.B, xx°.• nu° D. PROJECT DIRECTORYELKbu BM. „°°"mLI bEN ER NOEADETAILS BOT. o—. PROJECT INFORMATION C2 bRA01Nb ANp DRhIW.bE PLTN .r LBRR wi.. SECT. —.ECT OVWER LOT COVE—, CT ET" x°Ienl W SHR. MR. LHIU. TON-pEf (3393 S.F. / a5b1B SF. LHIU, TON-DEI TRITECN —Cl— 1NC. ANDSGAPINb LER. HT PROJECT hO RE55, , 36.70% a 30% 433 E. PEPPERTREE DR. 135 N. SAN bABRtEL BLVD. 51M. L NA ERA NEI6HT5 LA 90631 SUITE 900 E Lf LANDSCAPE PLAN 3521 BRAINDEO MANE OR. FOOTFRiNTi 12233 S.P. P NEP (5611 691-8681 SAN 6Af oW CA — b. a°` IH01L. w me I• (%y 69T-'1601 PONE: (6261 --l— N-- C- 70-1918 CIS, INT HI.n.. E.NR. ° fAMOND BAR, CA 9175 BLO6. FOOT PRINT 75 i6 5F. P (6361570-1213 LLKb. c SPEC. •^ ( SUBJECT TO CHANGE x2531 TO pRIVEwhT AREA, 4545 SF. APE: CLO. 50. P3525 .—E. MAIN OR.1 GAZEBO AREA: 112 SF. AaGN�T' NOSG C R SST. L.O. Uw Jr, x.w ESK. �T S! U5 ATTA CORPORATION /SNA 4116 IAN05LCANY 001 S. bAMIELO AVE. 4 B TIOF I CANYON No COL. 9TA. 45618 5F. 5UITE 930 CITY OF INDIYTRIAL. LA 91145 GONG. c KIT of v ° STD. x 34'-10' < 95'-O• MA% PHHAMBRh. GA 91001 FHAOxbR: (636) 353-1590 CONN. . °�• ° ° Sn' ( INCL — CHIMNEY) ONE: (6361 283-9669 (6361993-11a3 CCOONT. Rco.ww. $E%TTJORSPLR.. . mv�uv..ww�..01 BSSR--"I-4`0000 S FACX. L(6361383-9339 iiT ®tlA HOME E `ORB �m mmm M LE FAMILY DENCE T LSIb EbNERINC. SW DIAMOND ®$Ry CA c°•L. B^ LIVABLE AREA. 1jpryE, (636) 3BB-0708 TftO' FIRST PLOOR� 9.9 5554 SF. FA%� !6361 200- H- OBC, MA%, a EE.C- FLOORI A- SF. pEPi. ML. TE .I wf.1° MECH. ° TEL. --EPREAi 91 S.F. M'IT lzln— EH®. • TER. ,w cm°.. SP T,VICINITYxl.v.m r VICINITY MAP SY�ABOL S __ MANE DR. IN r: D P6vIs1DN >rMeol n 2521 BRAIDED vR. apq� Llxe DIAMOND BAR, CA 91775 T.D.P, 1, H.L. ^� .®— .Ar�x LIME DS' v NVL. uwx°° "TCF. 1�—DE,eeeiLNE�eeH[x�cee x° .ry ER. x°°.f IM xNmM,. Q I ' -- e � �BI�e raa EXHIBIT "N' aH DR 00-16, MCUP 00-15, MV 00-17 EL. NT5 x°t r° x.1. y BEI �'�—sxeer HePe9ENc[ OCTOBER 24, 2000 C.ELEV. n.nw.1 P¢ r�R. Rm[w.xce ENCL. nn.ra•°=r O VAnox acv EPL dnm< OB A. EOPT. ®w�m.m Co. owd.'�'m°m.. •.n � .. vurw Eh.L. wale.° °I°r OFF oem• a ry MAOK mNma qv .. EXST. OPNb. W •M•i m N10 4 mn EXPO. up°.a• DPP, v e T. a no,l--vnm0 ewne v °4n ua PRLST. M.- tf0 PL. ¢ / N_apON NM9EN FA AM.v1..u° 1.mm.0 FD •• PCAs. n..a.. I,x eePEReNce ;, ,. .. ,... TITLE SHEET � FIH�DIx6 FON. d`vL U%d�d•i U��fa � •h �� PFti. ° ,.. P.A. Par°..r Bm ,.•. LEGAL. DESCRIPTION 03A13 — d® r7lo 91 OF TRACT NA. _,55. iN THE _Hl RR TEITORY OF COUNTRY OF LOS ANGELES. STATE OF CALIFORNIA, AS PER MAP HECO-- IN BooK m 9 AGE 10 OF MAPS, IN THE OFFICE OP THE COUNTRY RECORDER OP EAIp LWiY. ommmmmmmmmmmmmmmmm VOW NV -Id 311S 9LIl6 VO 2I`tfe CNONVIG M60M 3NVIN �G34IV8e 29Z f. I 11 I ali M LU (B -3.i; C - N 11 ----------- ------- ---- - ----------- -------------- - - _- ---------- ----- -- ---- -------------- -- ---------- "I 311 1 31,11131 W 9tl 1v aLr]ol 3B U. —.3- inruf V 1. 3 -- NA js ". U.3 1 *vats x T d e0— MR i,— 8 i9avaxvNsl3tlloosc ODYN 21v ,a .—S -M n3txBMJ— -D -T .. .... ... -d— ... 0 ti .. AFN 3,111.,N._I_I.r' /M 3. :S310N NVId 3115 LL- -j I ......... . OFIRST FLOOR PLAN LIVING AREA : 5,354 SQ. FT. GARAGE AREA: 1�191 SQ. FT. mmmmmmmmmmmmmmmmmmm CUSTOM HOME DIAMOND BAR, CA 2521 BRAID[[, VAN- OR, o[A.MOND GA'. CA 91775 mrammmmmmmmm 7 r": 1--1 FIRST FLOOR PLAN A 2.1 SECOND FLOOR PLAN U" LIVING AREA 4,619 SG. FT. (D,�ROOF PLAN 2521 BRAIDED MAN[ DR, DIAMOND BAR. CA 91775 EmEmmmmmmmmmmmm w. miosioo ROOF PLAN A 2.3 TOPOf PLATE TOP OF PLATE RF ®2NOFLOOR FFdISTF=R -T... AVERAGE W URE GF -E ELEVATION NOTE: TOP OF PLATE TOP orPLATE FXONOILOOR L_f.FQl­OR 511NG AVENGE NATUREORAOE NORTH ELEVATION CUSTOM HOME DIAMOND BAR, CA -21 3RA,I)ED WANE DR 11 �!AVD.L' 3AR, CA 4177,_, WEST & SOUTH ELEVATIONS A 3.1 TOP OF PLATE TOP OFPLATE -62ND—R SIIN-A­R� NATURE —E TOPOF PLATE ELEVATION NOTE: TOP OF PLATE ED 0—A, F.FG2NDRWR B 'DCCC 111=1111� A111=1 U 11— - — .1i —l— —, -ITtin. Nr.nr NOAVERAGE NATURE ORAOE i 71 1XIM Vil"I'm 2521 BRA—DED MANE DR. DIAMOND BAR. CA 917"5 WEST & SOUTH ELEVATIONS A 3.2 B -B SECTION 2521 BRAIDED MANE DR. DIAMOND BAR, CA 91765 MMEMEMEMEZEMMEMMEEM BUILDING SECTIONS A 4.1 mmmommmmmmmmmmmm= NOW Y"ONN mi 10, NOW t (al uN uaasri. on •Prtro+[n fwnwc uus* ff fPPnOtE .4eaWi 11 �� GOM lea¢ EAa�I 1mm65 6P¢wt. rulaa 1i�E rw¢ () vra. Nawx w�mmta- omvNCE (PI "Pmusv i�w. 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NOTES: 1 omvmuoN++m�tw.m � sl m MCF6 IM 1�' 1 iM'4, 'yi L { i �t31 M1+lJt.ptyv vrvitwat+ 9 M}v4 �'1 t u;erm.7(..}+gPm lLe.'r NLN.q mLrlx gyyq �� '.f'. �• ma:o I 'iWV4F� P . m.emvw7a +iaa ���� tfi..ti aea mn +mww - - Porfsstq� VICINITY ;.� - . Al�N1rt'�Fmin^':H Nfif Pd NrK�- ww.�nw.a.arorda �n11 �e�?�ansLro {ygcay�.q m�mI.w.usl..•... pn�•;pt ��vjs* �R9 ect Wmm wmn ~J 808 }j� .� A. j�,•p$fw( 1�rl MmwW P'^MC:[ONanmmp9P NF. � ,:�' kPv 1 -. ��.. . SUBORADIAGE SEE SOILREPORT OR ARCH. .aawapnl t0. 10 wweya tww ma o.cgy m P,u w:m .w,. � &rh - }. ( .r�l+m uNnm l4,v�m w � .-•P.•1.@N•i' ... mNOma dm. N IRS .. I . AREA ARAfM DETAIL %R� 6o6RfwmbJPo rdum nnem M im ®m4' u .. Mt f�l�.'83:9 -,h l � aoro'lmss•d �' I . W �Nxe Nm,p Nna rmtasaJ w" M - ..-. ..d'NKflq�W. � uw� 0 vis.>:w..„„,. M ... wW uv: - V-6- I #40 O.C. 4'-6* 1•-6= 12" `rnjN ecimver ..ieCe1 D N J ma- w 1 ud�c rtomr. ansa w w4 w _ t . l�_lts}^=PaNe'ao-wv vo. a ;- �. g«�EwF a b+ F C - ea - 8- CONC. SLK. W/ SOLID GROUT yy 2' -CLF. 04 b 24” 0 C. ----,----14 - Hf)f?IZ 'A' BARS A!, . SUBORADIAGE SEE SOILREPORT OR ARCH. .aawapnl t0. 10 - L2EVY¢F131 r0E Cf1Y bY;" - .. I . AREA ARAfM DETAIL %R� 2e 4 CONT. KEY q4 O 24- D.C. 8T+ aoro'lmss•d �' I . „ "B" BARS n I� ---D_ Dt D2�- 3�6 04 ® 24. D.C. 3'-D- i 0_ 6�_ p 'oMNrnenlmmnm �welrmv+ev: ro � . ., I . OWglm Sll6SS 1 DP 2 - V-6- I #40 O.C. 4'-6* 1•-6= 12" `rnjN ecimver CREEK A— AID IL 7 AID - - - - - - - - - - 'lk AND ------------------- 4- TRITECH ASSOCUTES INC. E- 2521 BRAIDED MANE DR. DIAMOND BAR, CA CLIENT: MAL DESCRIPTION: "A ax REVIEWD FOR CITY BY: SHEET 2 OF 2 CONSTRUCTION NOTES: nra SCALE 1* -ID' TRITECH ASSOCUTES INC. E- 2521 BRAIDED MANE DR. DIAMOND BAR, CA CLIENT: MAL DESCRIPTION: "A ax REVIEWD FOR CITY BY: SHEET 2 OF 2 EXHIBIT "A" DR 00-16, MCUP 00-15, MV 00-17 OCTOBER 24, 2000 TENNIS COURT LIGHTING FIXTURE ao TENNIS COURT 10'H. VINYL CHAIN LINK FENCE WHEREVER OCCURS AND SMOOTH FIN. COLOR CONC. FLOOR W./ A LOW REFLECTANCE DARK—COLORED COATING at TENNIS COURT LIGHTING; LIGHT FIXTURES SHALL BE LOCATED AT 18' FROM COURT SURFACE. THE LIGHT SHALL BE DIRECTED DOWNWARD W./ LIGHT SHIELDS. THE OUTSIDE OF THE FIXTURE, ARM AND SUPPORTING POLE SHALL BE COATED W./ A DARK, LOW REFLECTANCE MATERIAL. m SEE SITE PLAN FOR MORE DETAIL 2521 BRAIDED MANE DR. oz: IN 91. 100 Cha DIAMOND BAR, CA 91775 2" Pipe Threads For Hubs, Couplings, Or Flanges Luminaire Pivot And Locking Screw Access Inside Compartment Recessed Full Length Door 2" Pipe Ld Leveling Plate, Slipfitter Adjustable 2" HUB MOUNT 2" SLIPFITTER MOUNT SRH Model SRS Model ;ecurity r 518" mesh � Z: l w 9 [ 130 00. Tennis Courtsl 314" mesh CASE/FILE NUMBER: City of Diamond pLANNING ComMISSION Staff � ••-__ _ 111 October 24, 2000 Development Review No.111 • To remodel and add approximately 4,607 square feet to an existing 3,110 -square foot, • • single• - • three-cargarage.request also includes a deck. 23634 •• Road (Lot 87 of - 11• Sunil Kohli 23634 Ridgeline '•.• Diamond The property owner, Sunil Kohli has submitted an application for Development Review No. 2000-19, to remodel and add approximately 4,607 square feet to an existing 3,110 square foot, two-story, single family residence with a three -car garage. The request also includes a deck. The project site is located at 23634 Ridgeline Road (Lot 37 of Tract 30091) within a gated community identified as "The Country Estates". The project site is irregularly shaped and presently contains a 3,110 square foot, two story, single family residence. The rear yard area slopes down toward the canyon. According to the Tract Map, the project site does not contain any easements and restricted use areas. The Tract Map indicates the project site is 2.60 gross acres and 2.50 net acres. 1 The existing house was reviewed and approved under the Los Angeles County Code on September 21, 1977. The development standards within the Los Angeles County Code required different setbacks. As a result, 2 the existing house was built with a 0 foot front yard setback. The existing house is legal because it followed and met the required Los Angeles County development standards, but is non -conforming because the existing house does not meet the City of Diamond Dar's current Development Code standards; specifically the front yard setback. The City of Diamond .Dar recognizes the existing house as a legal non- conforming structure. The proposed project is primarily a second story addition with a rear deck. The applicant proposes to add approximately 468 square feet to the first floor at the rear of the house. There is approximately 375 feet plus between the exterior rear wall and the rear property line, thereby not encroaching further into the rear yard setback. The applicant does not propose to encroach further into the front or the side yard setback areas. The Development Code requires a Minor Conditional Permit approval for the addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure. The hearing officer for a Minor Conditional Use Permit is the Director. However, the Minor Conditional Use Permit is not a part of this application request. Nonetheless, a Minor Conditional Use Permit at a public hearing with the Director is still required. As a part of this project's conditions of approval, the applicant shall be required to obtain a Minor Conditional Use Permit approval by the Director prior to the issuance of any City permits. 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 zones surround the subject site: to the north, south, east, and west is the R-1-40,000 Zone. Pursuant Development Code Section 22.48.020(A), new construction on a vacant parcel and new structures, additions to structures, and reconstruction projects which are equal to 50 percent or greater of the floor area of existing structures on the site, or have a minimum 10,000 square feet of combined gross floor area is subject to Development Review. The proposed project is residential construction which involves an addition of more than 50'percent of the floor area of existing structures on the site. In this case, the proposed single family residence is more than 100 percent I of the floor area of existing structures on the site. This is a much larger addition than other homes that are typically reviewed at an Administrative Review hearing. The Planning commission typically reviews projects of this size and scope. Therefore, Development Review is required. The following is a comparison of the city's development standards and the project's proposed development standards: Los Angeles County Project®s Proposed Development Standards Development Standards 1. Setbacks: 1. Setbacks: front yard - minimum 30, front yard - 20, from from the property line. the property line. side yard - minimum 10' side yards - 12'2" and and 15' from the property 4515 1/2" from the line. property line. minimum 25, separation minimum 25, separation between structures. between structures. rear yard - minimum 201 Lear yard - approximately from the property line. 375, plus from the property line. 2. Building Height: 2. Building Height: maximum 351. two stories, 25' 4 1/4' high. 3. Parking: 3. Parking: minimum 2 car garage. 3 car garage. Each garage bay shall be Interior dimensions for 20 feet in depth and 10 each garage bay is 20 feet feet in width. in depth and 10 feet in width. 7 Architecture The proposed project's architectural style is contemporary with a French influence. It appears to be compatible with the eclectic architectural style of other homes within the Country Estates. The architectural committee has also reviewed and approved the plans proposed for this project. one distinct feature of project includes a brick facade. The brick veneer provides additional color and texture variation. It also provides a visual distinction between the first ani - second stories floors. Unique architectural features include pre -cast concrete quoins and concrete balustrades for the balconies and decks, which help create a more• -• design. The following materials and colors will be utilized: stucco - Glacier White - Merlex with rough texture; stain - Western Red Cedar; paint for wrought iron railing - Black; wood windows and wood garage door - White; baulusters, quoin, railing, trim - Sandstone pre -cast concrete; roof - charcoal slate tile; and brick veneer - red clay. Floor Plan Layout The proposed single family structure consists of two stories. The main level contains an entry foyer, living room, family room with a bar area, nook, kitchen, guest room with an adjacent bathroom, powder room, maid's room, laundry room, utility room, three car garage, and deck area at the rear of the house. The second level contains a master bedroom with two walk-in closets, master bath, gym, dressing area, retreat, lounge area, two bedrooms (each with an adjacent bath and closet areas) and outside deck areas. View Obstruction The existing house is two stories in height. The proposed addition is for an enlarged two story single family residence. The proposed project is anticipated to be 25' 4 1/4" in height although the Development Code allows a maximum height of 35' Nevertheless, staff believes there will be not view obstruction issues. The rear yard of the project site slopes down into the canyon. A landscape plan was not submitted with this project's application. The project site contains existing landscape that 4 was installed when the house was originally reviewed and approved by the County of Los Angeles. It is not anticipated there will be any landscape removed. According to the applicant and property owner, the lot does not contain any of the trees listed within the City's Tree Preservation Ordinance. Therefore, no additional requirements pertaining to the City's Tree Preservation standards will apply. The Public Works Division -and Building and Safety Division reviewed this project. Their recommendations are included as conditions of.pprovallin the draft resolution. This item has been advertised in the San Gabriel Valley Tribune • the Inland Valley Daily._- • October 13, 2000. radiusNotices were mailed to thirty property owners within a 500 -foot of - project site on October 12, 2000.• of public hearing on a display board measuring at least 4 foot by 6 foot was posted . t the project site and displayed for at least 10 days before ^ public Also, notice of hearing was posted at three public places. The environmental evaluation shows categorically -exempt pursuant California Environmental Quality (e) (2) . that the proposed project is to the guidelines _of the Act (CEQA) Section 15303 Staff recommends that the Deputy City Manager approve Development Review No. 2000-19, Findings of Fact, and conditions as listed within the attached draft resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: 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 and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing 0 or future developments, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly, and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan; 4. The design -of 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 5. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Irnvm ZI�W' Sonya 6e, blev-elopment Services Assistant 1. Draft Resolution of Approval, 2. Exhibit "A" - site plan, floor plan, elevations, and cross sections dated October 24, 2000; 3. Application; 4. Tree Preservation Statement dated July 20, 2000; and 5. Materials Board. 31 PLANNING CoMmISSION SOLUTION NO® 2000 -XX A. Recitals 1: The property owner, Sunil Kohli, has filed an -application for Development Review No. 2000-19 for a property located at 23634 Ridgeline Road Lane, Diamond Bar, Los Angeles County, California as described above in the title of this resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application". 2. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on October 13, 2000. Thirty property owners within a 500 -foot radius of the project site were notified by mail on October 12, 2000. A notice of public hearing on a display board measuring at least 4 foot by 6 foot was posted at the project site for at least 10 days before the hearing. Also, a notice of public hearing was posted at three public places. 3. On October 24, 2000, the Planning Commission of the City of Diamond Bar on 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. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and guidelines set forth thereafter, pursuant to Section 15303 (e)(2) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3.Based upon the findings and conclusions set fort herein, the Planning Commission hereby finds as follows.1 a) The project relates to an irregularly shaped lot, which contains a 3,110 square foot, two story, single family residence. The rear yard slopes down toward the canyon. According to the Tract Map, the project site does not contain any easements and restricted use areas. The Tract Map indicates the project site is approximately 2.60 gross acres and 2.50 net acres. b) The existing single family residence is a legal non- conforming structure due to the front yard setback. c) The project site is zoned Single Family Residential - Minimum Lot Size 40,000 Square Feet (R-1-40,000). It has a General Plan Land Use designation of Rural Residential (RR). d) Generally, the following zones surround the subject site: to the north, south, east and west, is the R -1- 40,000 -Zone. e) The proposed project is a request to remodel and add approximately 4,607 square feet to an existing 3,110 square foot, two story, single family residence with a three car garage. The request also includes a deck. 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, planned developments); The proposed project complies with the elements of the Pdopted General Plan of July 25, 1995, which has a 2 .A- land use designation of Rural Residential (R -1 du/acre). Additionally, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods. Furthermore, the proposed design and layout is compatible with the eclectic architectural style and design, materials and colors of existing homes within the surrounding area. The applicant obtained the Country Estates architectural committee approval to ensure compatibility. 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 includes a single family residence which is similar in design and layout to th surrounding single family residences. • - although the existing house is two stories in height the proposed add • • enlarged two stor single family residence. The proposed project i anticipated to be 251 I. 4 heightalthough not ^ Development Code allows a maximum height of 35, Nevertheless, staff believes there will be not vie obstruction issues. The rear yard of the project sit slopes down into the canyon. The proposed project i expected • unreasonably interfere and enjoyment of neighboring existing or futu developments, • will not create . • servedpedestrian hazards. The project site is adequatel by Ridgeline Road. This designed to handle minimum traffic created by thi type of development. h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by section 22.48.040 of the Development Code, the General Plan, or any applicable specific plan; The proposed project's architectural design is compatible with t- eclectic architecturalof other homes within the Country Estates. One distinct feature of project includes a brick fagade. The brick 3 r �Y veneer provides additional color and texture variation. It also provides .a visual distinction between the first and second stories floors. Unique architectural features include pre -cast concrete quoins and concrete balustrades for the balconies and decks, which help create a more customized design. The materials/color board for the proposed project was approved by the Country Estate's architectural committee. Therefore, the colors and materials utilized are compatible with the surrounding homes in the area. i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; As noted in item (h), the proposed project's architectural style is contemporary. It is compatible with the eclectic architectural style of - homwithin the Country es - applicant received approval by ^ Country Estatesarchitectural committee in order to ensure that a desirable environment for it occupants and visiting public as well as its neighbors is achieved through good aesthetic use of - - and color, remainwill aesthetically .••- j) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and permits,City •^ • and soilsreports required for construction to ensure that the finished product will not be detrimental to the public health, or - or • to the properties or improvements in the vicinity. k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The - has determined• -_. categorically exempt pursuant to the guidelines of the O California Environmental Quality Act (CEQA) Section 15303 (e) (2) . 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a) The project shall substantially conform to site plan, floor plans, elevations, cross sections, and materials/colors board collectively labeled as Exhibit "A" dated October 24, 0.000 as submitted to and approved by the Planning Commission, and amended herein. =b) The subject 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 duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. d) The single family structure shall meet the State and Local Building Codes (i.e. 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and Fire Department requirements. e) The minimum design wind pressures shall be 80 miles per hour & "C" exposure. f) This single family home is located in "Fire Zone 4" and shall meet all requirements of the fire zone: O r of/ 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) 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/ inch nor more than 1/% inch in any dimension except where such openings are equipped with sash or door. 4) Chimneys shall have spark arrestors of maximum 1/2 inch screen. g) Prior to the issuance of City permits, the applicant shall submit a soils report to be reviewed and approved by the City. h) This residence shall meet the State Energy Conservation Standards. Building r_ r rr-s (toe or •. meet section of - 1997Uniform Building .- or applicantthe . special . r_ • design prepared by -r - Engineer. - special foundation design shall include the . • consideration , height of slope, slope gradient,.. intensity,and 5) erosion characteristics material. j) r .- j) Surface water shall drain away from building at a 2% minimum slope. k) Prior to the issuance of a building permit, the applicant shall submit an erosion control plan for the City's review and approval. Applicantobtain department approval, is required due to the project location. m) All walls, fences, gates, and any other structures located within the front yard setback shall not exceed 42" in height. I n) Prior to the issuance of any permits, the applicant shall obtain a Minor Conditional Use Permit approval from the Planning Division. o) The applicant shall comply with Planning and Zoning and Building and Safety, and Public Works Divisions' and Fire Department requirements. p) This grant is valid for two (2) years and shall be exercised (i.e. construction) - within that period.. or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. q) If the Department of Fish and Game determines that - Fish and Game Code Section -711.2 applies to the approval of this project, then the applicant shall remit to the City a cashier's check, payable to the County Clerk, in the amount of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed 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. I The Planning Commission shall: a)Certify to the adoption of this Resolution; and b) Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Sunil Kohli, 23634 Ridgeline Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS THE 24TH DAY OF OCTOBER 2000 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I, James DeStefano, Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted at a regular meeting for Development Review held on the 24th day of October, 2000. BY: James DeStefano, Secretary Q '0 FPLii-:2 Dep6sa S Roc�ipLo j3y Dad Rec'd Applimal,s Agent An Adminigtrirtive Development Review is required for commercial, industrial, institutional and residential develcPment ofof limited size mmd scope which involve the issuance of a building permit for construction or reconstructioD of a structure(s) which meets gibe following criteria: 1. Now construction on v residential Property; 2. Structural additions to an existing budding which an equal to percent, or more, of the floor area. 3. Ilmdentud coristruchou involving four or less dwelling ututs am subject to Administrative Development Rev iew pursuant to Section 22.72.060 A. A detailed site plan, floor plans md elevations showing: 1. Diniensions and orientation of the parcel with the scale clearly indicated. 2. Location of buildings, stnictum and signs, both existing and proposed. 3. 1,ocistion of cave overhang and architectuiral features. 4. Location of landscaping and.irn on, both existing and proposed. 5. Grading Plans, including earthwork calculations. E; Administrative Development Review requires S. copies of each (full sized are to be folded). C. All building elevations including signage. D. Indicate types and colors of all exterior construction materials with a materials board. Include Leolored req��, the proposal (both maximum size 8'xW). E. Location of all walls "a fences, their height and materials of construction. F. �����applicable to the development or use of the land. G. Any other architectural and engineering data as may be required to permit a complete investigation of the proposal. H. 700' land use radius map. 5X' property ownership map. 1. 2 sets of gummed maHing labels for all property owners withinAhe 500' radius (including applicant and/or applicant's agents). Number all lots and cross reference with labels. Include a photocopy of all labels. J . Photographs of site and key diagram. K. Oak tree statement. L. 2 copies of a Title Report that is less than 30 days old - It should also be noted that additional envirom-nental material/ data may be required before project processing can begin and a public hearing meeting scheduled. The results of the staffs environmental review (Initial Study) wW -be sent to you as soon as possible. AT THE TIME THE INITIAL STUDY IS COMPLETED,' YOU WILL ALSO BE INFORMED OF ANY ADDITIONAL ENVIRONMENTAL FEES REQUIRED. Questions regarding the Wdal Study should be directed to the Diamond Bar Planning Division. �mwv =,at rr—,J-)1TMJ.X -T7,ilei PTw—nM oraer to complete the processing of this applicadon. 0 '' 0 (Date) Agenda Item` 111 • — 23634 Ridgeline`o.• Plans found in project file. Project MEETINGS October 24, 2000 CITY OF • BAR A'11,111 -101y PLANNING COMMISSION PROJECTS Case # PM 1 Location PC 10/24 cc 11/7 PC 11/14 cc 11/21 PC 11/28 cc 12/5 DCM ASHAI & ASSOC] SUNIL KOHLI DR 2000-19 Si 23634 RIDGE LINE ROAD PH (Room Additions) BHOGAL, SURINDER DR 2000-11 AJL 23415 PLEASANT MEADOW PH PH (Single Family Residence) MCUP 2000-6 MV 2000-6 TP 2000-3 CHID, TON -DEI DR 2000-16 LKS 2521 BRAIDED MANE DR. PH (Single Family Residence) MCUP 2000-15 MV 2000-17 DIAMOND BAR HONDA/ VAR 2000-02 AJL 515 S. GRAND AVENUE PH ALEXANDER DEVELOPMENT JDS (Freeway Sign) HOUSING ELEMENT JDS CITYWIDE PH PARKS/TRAILS MASTER PLAN JDS CITYWIDE X PLATINUM RESTAURANT CUP 99-4 JDS 245 GENTLE SPRINGS Cont. (Review Conditional Use Permit) MCUP 99-9 AJL PH SAC HDEVA, EAS ANT DR 2000-18 LKS 2250 INDIAN CREEK ROAD PH (Single Family Residence) MCUP 2000-12 MV 2000-13 TOGO'S — ROBERT PARKER CUP 1998-09(1) LKS 1193 S. DIAMOND BAR BL. Cont. (Amendment — Parking to Accommodate On- DR 1998-11(1) PH Site Seating)) MV 2000-19 ADMINISTRATIVE REVIEWS Case # PM Location DCM DCM 11/1 DCM DCM DCM ASHAI & ASSOCJ SUNIL KOHLI ADR 2000-17 Si 23634 RIDGE LINE ROAD PH (Room Additions) CHENG, PEICHIN MCUP 2000-16 LKS 2856 WAGON TRAIN PH (Guest House) g:\\project meeting\\doc PH = PUBLIC HEARING X = NOT A PUBLIC HEARING PROJECT MFETINGS October 24, 2000 hu"m N1611 ADMINISTRATIVE REVIEW (cont.) Case # PM Location DCM CMDCM DCM-1 BOURNE, JOHN MCUP 2000-09 DCMJ 2102 ROCKY VIEW ROAD DCM (Converting Storage into Game Room) 11/1 DAGAM,CHARY DR 2000-15 AIL 1819 DERRINGER LANE PROCESSING (Single Family Residence) GOLDRUSH INVESTMENT ADR 2000-24 Si 24089 GOLD RUSH 2899 VISTA COURT PROCESSING PPI (TRACT 47850 LOTS 17 dr 18) (Single Family Residence) .ICC DEVELOPMENT ZC 2000-01 AJL . DIAMOND BAR BLVD PROCESSING – TRAFFIC STUDY UNDERWAY Zone Change to Commercial) GOLDRUSH INVESTMENT ADR 2000-25 Si 24077 GOLD RUSH KIM, NANCY – (Green Garden Restaurant) NICUs' 2000-17 PSI 2803 DIAMOND RAR ELVR. PROCESSING (Beer & Wine Onsite Sales) (Single Family Residence) KIM, KEVIN CUP 2000-08 LKS 1403 DIAMOND BAR BLVD. PROCESSING (Martial Arts Practice) GOLDRUSH INVEST ADR 2000-26 Si 24069 GOLD RUSH Si 1200 CIIISOLM TRAIL DR. PH (Single Family Residence) (Single Family Residence) LIPPICH, LESLIE DR 2000-08 ATL 1626 DERRINGER LANE PROCESSING SHUM, SI ON ADR 99-25(1) LKS 2665 WAGON TRAIN PH (Revision – Fireplace; Grading Plan MCUP 99-17(1) Reflecting Walls and Changed Elevations) SHUM, SIMON ADR 2000-20 LKS 1948 FI ROCK PH (Single Family Residence) SWS DESIGN GROUP ADR 2000-22 Si 24339 SEAGREEN DRIVE PH (Remodel/Addition) MV 2000-14 PENDING PROJECTS Case ## PM Location BOURNE, JOHN MCUP 2000-09 LKS 2102 ROCKY VIEW ROAD ON BOLD - PER APPLICANT (Converting Storage into Game Room) DAGAM,CHARY DR 2000-15 AIL 1819 DERRINGER LANE PROCESSING (Single Family Residence) DIAMOND BAR WEST–RICHARDGOULD DR 2000-17 LKS 2899 VISTA COURT PROCESSING (TRACT 47850 LOTS 17 dr 18) .ICC DEVELOPMENT ZC 2000-01 AJL . DIAMOND BAR BLVD PROCESSING – TRAFFIC STUDY UNDERWAY Zone Change to Commercial) PM 10208, PARCEL 2 KIM, NANCY – (Green Garden Restaurant) NICUs' 2000-17 Si 2803 DIAMOND RAR ELVR. PROCESSING (Beer & Wine Onsite Sales) KIM, KEVIN CUP 2000-08 LKS 1403 DIAMOND BAR BLVD. PROCESSING (Martial Arts Practice) KITE & PORTER ARCHITECT DR 2000-22 Si 1200 CIIISOLM TRAIL DR. PROCESSING (Single Family Residence) LIPPICH, LESLIE DR 2000-08 ATL 1626 DERRINGER LANE PROCESSING (Single Family Residence) g:\\project meeting\\doc PH = PUBLIC HEARING X = NOT A PUBLIC HEARING PROJECT MEETINGS Ociober 24. 2000' PENDING PROJECTS (cont.) Case # PM Location LUAN, JONAH ADR 2000-23 AJL 20839 QUAIL RUN DRIVE PROCESSING (Room Addition) MCUP 2000-13 MV 2000-18 IYIETRICOM — WVUSD CUP 2000-02 AJL 21400 PATHFINDER PROCESSING (Wireless Telecommunications) MOON, SEONG YEO CUP 2000-06 AJL 20627 GOLDEN SPRINGS DR. PROCESSING (Entertainment — Karoke) TDM ARCHITECTS - POE MAN, NEIL DR 2000-21 LKS 1041 S. GRAND AVENUE PROCESSING (Verizon - 7,174 Sq. Ft. Office Addition) .:%\project meeting\\doc PH = PUBLIC HEARING X = NOT A PUBLIC HEARING W.112 kI% . �, t. 9r 1=' STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ,r CITY OF DIAMOND BAR On October 20, 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, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar, Community and Development Services Department. On October 20, 2000, I posted copies of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on October 24, 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 October 23, 2000, at Diamond Bar, California. C�S Stella Marquez Community and Development Services Dept. g:\\affidavitposting. doc repewed bydile I and is ready for ori Scanhing File I Iew7d by on -L. Z-1 �--117 and is ready for ,desfruction by City Clerk