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HomeMy WebLinkAbout02/12/2008FILE Copy PLANNING COMMISSION AGENDA February 12, 2008 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Nelson Tony Torng Kwang Ho Lee Kathleen Nolan Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinkina in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Pon the subjectlanning nof one or mope agenda i ission are oen to the ems and/or ote e of the items of public may address the Commission which are within the subject matterjurisdiction submitted tted in weitDing at the pubnd Bar lic g, to the Secretary of the Commission. A request to address the Commission should be 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, the temps called onrtheeca end'es for ar. The Chaian r�may limit t may be requested to give their presentation at the individual public input to five minutbasedes on on the ny item; or the Chair may 'umber of people requesting oI speak and the business of allocated for public testimony the Commission. business Individuals are requested a e welduct comethemselves so that alllnpointsprofessional a areand cons de ed liprornto the Comments and questions Commission making recommendations to the staff and City Council. must be In accordance with State Law (Brownhe Commission meeting. be acted on by the n case of emergency ornwhen na subject posted at least 72 hours prior to matter arises subsequentto the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Planning Agendas for Diamond Bar Planning Commission n mAsendas are available 72 hours priore prepared by r to the meeting at City ivision of the Community Development Department. 9 Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS ons cannot access the A cordless microphone is available for f the cordeess micrlophonth elaand sign ity impairments angu age interp interpreter services public speaking area. The service o are available by giving notice at least three business days in advance of the meeting. Pease d 5:30 p.m., telephone (909) 839-7030 between 7:30 a.m. anMonday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info asci diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, February 12, 2008 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2008-03 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman Tony Torng, Kwang Ho Lee, Kathleen Nolan, Jack Shah 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 Minutes of Regular Meeting: January 8, 2008. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING(S): 7.1 Development Review No 2007-13 and Minor Conditional Use Permit No. 2007-08 - Under the authority of Development Code Sections 22.48 and 22.56, the applicant is requesting approval of the following: a Development Review application to add 4,026 square feet of livable area to an existing 4,035 square -foot single-family residence; and a Minor Conditional Use Permit for the continuation of a nonconforming front yard setback. The subject property consists of 85,983 square feet (1.97 acres), and is zoned R-1 40,000 (Rural Residential, or RR) with an underlying General Plan land use designation of Rural Residential (RR). (Continued from January 8, 2008) Project Address: 22909 Lazy Trail Property Owner: Ankur Shah 22909 Lazy Trail Diamond Bar, CA 91765 FEBRUARY 12, 2008 PAGE 2 PLANNING COMMISSION AGENDA Applicant: Dale Thompson, B & D Construction 1472 Avenida Loma Vista San Dimas, CA 91773 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301(e) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission continue this matter to March 25, 2008. g. PUBLIC HEARING(S): 8.1 Development Review No. 2007-32 — Under the authority of Development Code Section 22.48, the applicant is requesting approval to construct a new three-story 6,706 square foot single-family residence with an attached 853 square foot 4 -car garage and a swimming pool. The subject property consists of 56,192 gross square feet of land area and is zoned R-1 40,000 (Rural Residential, or RR) with an underlying General Plan land use designation of Rural Residential (RR). Project Address: 1741 Derringer Lane Property Owner: Mr. Jesse Ornelos 3385 Clover Place Ontario, CA 91761 Applicant: Pinnacle Building Structure 1840 W. Whittier Blvd. #206 La Habra, CA 90631 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Sections 15303 and 15332 of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2007-32, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. FEBRUARY 12, 2008 PAGE 3 PLANNING COMMISSION AGENDA 8.2 Development Review No. 2007-34 — Under the authority of Development Code Section 22.48, the applicant is requesting approval to construct a new three-story 6,844 square foot single-family residence with an attached 958 square foot 4 -car garage and a swimming pool. The subject property consists of 50,094 gross square feet, and is zoned R-1 40,000 (Rural Residential, or RR) with an underlying General Plan land use designation of Rural Residential (RR). Project Address: 2651 Braided Mane Drive Property Owner: Mr. Victor Castillo 3903 Abbeywood Ave. Whittier, CA 90601 Applicant: Pinnacle Building Structure 1840 W. Whittier Blvd. 4206 La Habra, CA 90631 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Sections 15303 and 15332 of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2007-34, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8.3 Conditional Use Permit No 2005-060) and Development Review No. 2005-33(1) - Under the authority of Development Code Sections 22.08, 22.58, 22.48 and 22.66, the applicant is requesting approval of the following: to modify the approved architectural elevations related to a remodel and addition of approximately 2,700 square feet to an existing church. The Conditional Use Permit is to modify the original Conditional Use Permit approved by Los Angeles County prior to the City's incorporation and is required for a church in a residential zone. The Development Review is a design review for the addition. The project was originally approved by the Planning Commission on May 9, 2006. Project Address: Northminster Presbyterian Church of Diamond Bar 400 Rancheria Road Property Owner: Northminster Presbyterian Church of Diamond Bar 400 Rancheria Road Diamond Bar, CA 91765 FEBRUARY 12, 2008 PAGE 4 PLANNING COMMISSION AGENDA Applicant: Larry Wolff, WLC Architects 10407 Foothill Blvd. Rancho Cucamonga, CA 91730 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301(e) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2005-06(1) and Development Review No. 2005-33(1), based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8.4 Conditional Use Permit No 2007-16, Development Review No. 2007-37 and Variance No. 2007-08 - Under the authority of Development Code Sections 22.42, 22.48, 22.54, and 22.58, the applicant is requesting approval to co -locate a wireless telecommunication facility at Pantera Park. The subject property consists of 889,931 square feet (20.43 acres), and is zoned RPD - 20,000 (Low Density Residential) with an underlying General Plan land use designation of Park. Project Address: 738 Pantera Drive Property Owner: City of Diamond Bar Applicant: Omnipoint Communications 3257 Guasti Road, Suite 200 Ontario, CA 91761 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301(e) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-16, Development Review No. 2007-37 and Variance No. 2007-08, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 10. STAFF COMMENTS / INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. FEBRUARY 12, 2008 PAGE 5 11. SCHEDULE OF FUTURE EVENTS: STATE ROUTE 60/ LEMON AVENUE INTERCHANGE PROJECT PUBLIC INFORMATION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PRESIDENT'S DAY HOLIDAY CITY COUNCIL MEETING: SITE D SCOPING MEETING: HOUSEHOLD HAZARDOUS WASTE AND E -WASTE ROUNDUP: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 12. ADJOURNMENT: PLANNING COMMISSION AGENDA Wednesday, February 13, 2008 6:30 p.m. — 8:30 p.m. Government Center/SCAQMD Room CC -6, 21865 Copley Drive Thursday, February 14, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Monday, February 18, 2008 City offices will be closed in observance of President's Day. City offices will reopen Tuesday, February 19, 2008. Tuesday, February 19, 2008 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, February 21, 2008 6:30 p.m. — 8:30 p.m. Government Center/ SCAQMD Room CC -6, 21865 Copley Drive Saturday, February 23, 2008 9:00 a.m. — 3:00 p.m. Gateway Corp. Center, 1300 Block of Bridge Gate Drive Tuesday, February 26, 2008 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, February 28, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive EDRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 8, 2008 CALL TO ORDER: Vice Chairman Torng called the meeting to order at 7:01 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah and Vice Chairman Tony Torng. Absent: Chairman Steve Nelson was excused. Also present: Greg Gubman, Planning Manager; Brad Wohlenberg, Assistant City Attorney; Planning Consultant Dave Meyer; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of November 27, 2007. C/Lee moved, C/Shah seconded to approve the November 27, 2007, Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. Lee, Nolan, Shah, VC/Torng None Chair/Nelson C]DRAFT JANUARY 8, 2008 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 2007-13 and Minor Conditional Use Permit No. 2007-08 — Underthe authority of Development Code Sections 22.48 and 22.56, the applicant requested approval to construct a 4,026 livable square foot addition to an existing 4,035 square foot single family residence on an existing 85,983 square foot parcel zoned R1-40,000 with a consistent underlying General Plan land use designation of Rural Residential (RR) and Minor Conditional Use Permit for the continuation of a nonconforming front yard setback. (Continued from November 27, 2007) PROJECT ADDRESS: 22909 Lazy Trail Diamond Bar, CA 91765 PROPERTY OWNER: Ankur Shah 22909 Lazy Trail City of Diamond Bar APPLICANT: Dale Thompson B&D Construction 1472 Avenida Loma Vista San Dimas, CA 91773 PM/Gubman presented staff's report staff is requesting that the Planning Commission continue this matter to the February 12, 2008, meeting. There was no one present who wished to speak on this matter. C/Nolan moved, C/Lee seconded, to continue Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 to February 12, 2008. Motion carried by the following Roll Call vote: AYES: Lee, Nolan, Shah, VC/Torng None Chair/Nelson COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS: JANUARY 8, 2008 8. PUBLIC HEARINGS: PAGE 3 §@DRAFT PLANNING COMMISSION 8.1 DEVELOPMENT REVIEW NO. 2007-28 — Under the authority of Development Code Section 22.48, the applicant requested approval to construct a 3,692 square foot two-story addition and remodel of the existing dwelling unit. The subject property is zoned RR (R-1 20,000) and contains 25,310 square feet (0.58 acres) of land area. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 2552 Wagon Train Lane Diamond Bar, CA 91765 Mr. and Mrs. Nicholas Hung 2552 Wagon Train Lane Diamond Bar, CA 91765 PC/Meyer presented staffs report and requested Planning Commission approval of Development Review No. 2007-28, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nolan said she drove by the site. VC/Torng opened the public hearing. There was no one present who wished to speak on this matter. VC/Torng closed the public hearing. C/Nolan moved, C/Lee seconded, to approve Development Review No. 2007-28, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Chair/Nelson 8.2 Development Review No. 2006-29, Tree Permit No. 2006-06, Minor Variance No. 2006-04 and Variance No. 2007-07 — Under the authority of Development Code Section 22.48, the applicant request approval to construct a new four-story single family dwelling unit with an attached second dwelling. The subject property is zoned RR (R-1 (40,000) and contains 52,272 square feet (1.2 acres) of land area. JANUARY 8, 2008 PAGE 4 PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: ®RAFT PLANNING COMMISSION 1755 Derringer Lane Diamond Bar, CA 91765 Mr. and Mrs. Alex V. Prince 160 S. Hudson Avenue #411 Pasadena, CA 91175 S&W Development 20272 Carrey Road Walnut, CA 91789 PC/Meyer presented staff's report and recommended Planning Commission approval of Development Review No. 2006-29, Tree Permit No. 2006-06, Minor Variance No. 2006-04 and Variance No. 2007-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lee said he was concerned that the 60 percent reduction from the required setback might set a precedent. PC/Meyer explained that the applicant is saying that the level pad normally required in the rear of the property has been provided and that it has been tucked under the house instead of built out on the slope. Therefore, the applicant felt he met the intent of the requirement for the rear yard area and with all consideration he would be complying with the standard. It is a unique design solution to provide the recreational amenity. However, it is a judgment call for the Commission based on consideration of whether the design solution is adequate based on the extreme topography and design alternative. Staff felt it was an unusual and unique design solution and certainly worthy of debate. PC/Meyer responded to C/Nolan that the project meets the Hillside Development standards for the most part in terms of retaining walls. From staffs perspective, if the owner were going to comply with the standards it would require importing of a significant amount of materials as well as, construction of additional retaining walls, which are both discouraged within the development standards. PC/Meyer encouraged C/Shah to ask the applicant's architect to comment on the amount of fill that would be required. However, PC/Meyer estimated it could be more than 1000 cubic yards and that keeping trucks off of residential streets would be a positive aspect. C/Shah asked why the retaining wall was not proposed to be six feet in height throughout the entire 22 DRAFT JANUARY 8, 2008 PAGE 5 PLANNING COMMISSION wall and PC/Meyer responded that according to the City's development standards the maximum height of a retaining wall that creates the building pad could not exceed four feet. VC/Torng asked why the second attached unit height exceeded 35 feet. PC/Meyer explained that the elevations are reconciled with the slope. VC/Torng said he agreed with C/Nolan that the hillside development issue needed to be discussed. He asked why the applicant felt it necessary to attach the second unit. PC/Meyer responded that there was no benefit to attaching the house, the code allows for either an attached or detached unit as long as the unit did not exceed 1200 square feet in size. And, if the applicant were accommodating his parents for example, he would undoubtedly want immediate access from the primary dwelling unit. This is called a "second unit" because it contains a kitchen facility. Without kitchen facilities it would be termed a "guesthouse." C/Nolan said she drove by the location. VC/Torng opened the public hearing. Simon Shum, Architect, explained the proposed project and site design. The living area is distributed throughout the three main levels and there is no living area in what has been referred to as the "fourth" level. It is a difficult building site. C/Shah felt it was a very good design and asked for an explanation of the fill material. Mr. Shum explained the fill process using the site plan. In order to create the slope the project would need an additional retaining wall and importation of about 3000 cubic yards for the rear yard area, a very costly proposition. As an alternative, he incorporated into his design the tucking in of the facility under the left hand lower side to compensate for loss of the backyard area. In addition, the living and lower areas have generous deck space and the owner believes the deck space is adequate compensation for loss of a regular ground level patio space. VC/Torng asked Mr. Shum if he could create additional fill or sacrifice some of the upper level so that the structure would not appear so large and boxy. Mr. Shum explained the project showing the plans and how the structure would appear from the neighborhood view. The structure is compatible with the neighborhood. VC/Torng opened the public hearing 2DRAFT JANUARY 8, 2008 PAGE 6 PLANNING COMMISSION Paul Miller, 1748 Derringer Lane, said that given the size of the project he found it quite attractive with respect to elements and design. He believed fill could be avoided by dropping the house down another 10 feet and moving it back to the 35 -foot front yard setback. He also felt it was "obscene" to place a 90 foot front facade and trees along a 150 foot frontage. If he could build a second unit and rent it out it would help his income. He believed the standards were constantly being expanded with variances and wanted a return to "The Country Estates" standards. VC/Torng closed the public hearing. C/Nolan asked for staffs comments on the City Code versus the concern regarding CC&R's. Also, she did not in any way view the second unit as "income" property. ACA/Wohlenberg explained that when projects come before the Commission they are evaluated only to determine whether they comply with the City's Codes. it is possible for a project to meet all City Codes and still violate the private CC&R's, which is a private enforcement issue amongst the members of the association. VC/Torng said that when people invest in Diamond Bar it is a good thing. However, he believed the Hillside Management Code should be imposed on the project and that staff should then bring the project back to the Commission for consideration. He did not want to overcompensate the code for the sake of the lot because this lot may not be that suitable for the size of the proposed structure. He said he wanted to see other properties in the area for comparison. PC/Meyer responded to VC/Torng that he thought he provided the alternatives and options with inclusion of the alternative designs. This design meets the City's Development standards. The question is, does the Commission want additional retaining walls and does the Commission believe the import of an additional 3000 cubic yards of material meets the development standard of preserving the natural topography. He again explained the proposed project layout and proposed the question as to whether the design alternative would meet the development standard requirement. In terms of view impairment, all properties on the opposite side of Derringer (east side) are elevated and the applicant has provided a single - story fagade to the street, which would not result in view impairment from the existing dwelling units. The newer structures consist of an average of 6,000 square feet. PC/Meyer also explained market cost comparisons and stated that it was not economically feasible to expect an applicant to build a 2000 JANUARY 8, 2008 9. 10. PAGE 7 2®RAFT PLANNING COMMISSION square foot house on a $500,000 or $750,000 lot when 2000 square foot homes were built on lots that sold for $15,000. With the topographical challenges of the lot the architect has provided a product that meets the City's standards. VC/Torng said he was inclined to have further discussion about the final compromise. PC/Meyer said he was not sure what additional alternative VC/Torng was seeking. If the Commission wants to look at another design alternative it could provide adequate direction to the architect and staff. C/Nolan felt the variance was a good thing because it minimized cutting into the hillside and gave the project a more natural look than providing a large amount of fill, which would give the lot a more block look to the landscape. And, she believed it was a beautiful house. C/Nolan moved, C/Lee seconded _to approve Development Review No. 2206-29, Tree Permit No. 2006-06, Minor Variance No. 2006-04 and Variance No. 2007-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Chair/Nelson PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah and C/Lee wished everyone a Happy New Year. C/Lee thanked staff for excellent reports. C/Nolan welcomed the Diamond Bar High School students who attended tonight's meeting. STAFF COMMENTS/INFORMATIONAL ITEMS. 10.1 Public Hearinci dates for future projects. PM/Gubman pointed out that the Commissioners received pamphlets regarding the upcoming League of California Cities 2008 Planners Institute and Mini -Expo in Sacramento that will be held on March 26 through March 28. SAA/Marquezwill contact Commissioners regarding attendance. DRAFT JANUARY 8, 2008 PAGE 8 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Torng adjourned the regular meeting at 8:10 p.m. Attest: Respectfully Submitted, Greg Gubman, Planning Manager Tony Torng, Vice -Chairman pl D�1:�l0No 8 1PLANNING COMMISSION—0 AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 ITEM NO.: 7.1 DATE: February 12, 2008 TO: Chairman and Members of the Planning Commission FROM: David Alvarez, Planning Technician SUBJECT: Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 PROJECT 22909 Lazy Trail LOCATION: RECOMMENDATION: Staff recommends that the Planning Commission continue Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 to March 25, 2008, to provide the applicant time to submit revised drawings that address conformance with the Citv of Diamond Rar's Hill.qidP MnnnnPmant H,=valnnmPnt PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765 --TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 8.1 MEETING DATE: February 12, 2008 CASE/FILE NUMBER: Development Review No. 2007-32 PROJECT LOCATION: 1741 Derringer Lane Diamond Bar, CA 91765 APPLICATION REQUEST: To construct a new three-story 6,706 square foot single-family residence with an attached 853 square foot, 4 -car garage and a swimming pool. PROPERTY OWNERS: Jesse Ornelas 3385 Clover PI. Ontario, CA 91761 APPLICANTS: Pinnacle Building Structure 1840 W. Whittier Blvd. #206 La Habra, CA 90631 STAFF RECOMMENDATION: Conditional Approval BACKGROUND: A. Project Description: The applicant requests approval of a Development Review Application to construct a new three-story 6,706 square foot single-family residence with an attached 853 square foot 4 -car garage and a swimming pool. The proposed project will create a 4 -bedroom, 6 -bath dwelling unit. B. Site Description: The site is located on the west side of Derringer Lane approximately 330 feet north of Diamond Knoll Lane. It is legally described as Lot 5, Tract 24046 and the Tax Assessor Parcel No. is APN 8713-003-005. The lot contains 56,192 square feet (1.29 acres) of land area and it is currently undeveloped. The site has 151 feet of street frontage and a lot depth of 456 feet. The property slopes downward in a westerly direction. The average slope of the site is approximately 46%. The site does not contain any mature trees within the proposed building area. ANALYSIS: A. Review Authority (Chapter 22.48) The construction of a single-family residence requires approval of a Development Review Application. B. Site and Surroundina General Plan, Zonina and Uses C. Development Review (22.48) 1.. Residential District General Development Standards: The following Table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (40,000)/RR Zone: Page 2 DR 2007-32 General Plan Existing Zone District Development Code Standards Land Use Site Rural Residential R-1 40,000 RR Vacant North Rural Residential R-1 40,000 RR Residential South Rural Residential R-1 40,000 RR Vacant East Rural Residential R-1 40,000 RR Residential West I Rural Residential R-1 8,000 RR Residential C. Development Review (22.48) 1.. Residential District General Development Standards: The following Table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (40,000)/RR Zone: Page 2 DR 2007-32 2. Site and Grading: The subject property steeply slopes down in a westerly direction. The applicant is proposing to create the building pad using four (4) retaining walls and importing 2,530 cubic yards of fill material. A portion of the site will be excavated to anchor the proposed dwelling into the existing slope (cut 300 cubic yards). The applicant has used a semi -circular design for the retaining walls to create the building pad. The intent is to create a more aesthetically pleasing design for the retaining walls while still providing sufficient level area to provide ample recreation area for the future residents. The submitted plans demonstrate that there will be approximately 1,600 square feet of level land devoted to recreational opportunities. The applicant is proposing to construct three six foot high terraced retaining walls plus one four foot high wall to create the building pad for the subject building. A portion of the lower floor will be excavated into the existing slope. Page 3 DR 2007-32 R-1 (40,000)IRR Meets Development Development Proposed Re uirements q Feature Standards 4 Minimum lot area 1 Acre 1.29 -acre. Yes Residential density 1 single-family unit 1 single-family unit Yes Front setback 30 feet 30 feet Yes 15 ft on one side and 10 ft on 20'-0" - Northside Yes the other 30'-0"- Southside Side setbacks 25 ft between structures on 35 ft between structures adjoining parcels on adjoining parcels 25 ft from property line or 25 ft. average from Yes Rear setback buildable pad on a descending edge of buildable pad slope whichever is applicable Lot coverage 30% 4.85%, Yes 4 -ft to create a building pad Yes Retaining Wall Height 6 -ft. permitted 6 -ft 7 -ft allowable by Director Building height limit 35 feet maximum 35 feet Yes Landscaping 50% of Front Yard 56% Yes One permitted Number of driveways If site has 70 ft. of frontage two 2 driveway Yes are peEmitted Width of Drive 14 ft. maximum permitted 14 ft. @ PL Yes Approach Parking 2 spaces fully enclosed 4 spaces fully enclosed Yes 2. Site and Grading: The subject property steeply slopes down in a westerly direction. The applicant is proposing to create the building pad using four (4) retaining walls and importing 2,530 cubic yards of fill material. A portion of the site will be excavated to anchor the proposed dwelling into the existing slope (cut 300 cubic yards). The applicant has used a semi -circular design for the retaining walls to create the building pad. The intent is to create a more aesthetically pleasing design for the retaining walls while still providing sufficient level area to provide ample recreation area for the future residents. The submitted plans demonstrate that there will be approximately 1,600 square feet of level land devoted to recreational opportunities. The applicant is proposing to construct three six foot high terraced retaining walls plus one four foot high wall to create the building pad for the subject building. A portion of the lower floor will be excavated into the existing slope. Page 3 DR 2007-32 The retaining wall will be constructed of decorative block and will be screened by landscaping. The Planning Division has received a letter of concern from an adjoining property owner. The letter expresses the importance of installing proper erosion control measures and drainage facilities. The letter has been referred to the Public Works Department. 3. Elevations: The architecture is contemporary Califomia rendition of Mediterranean architecture using materials such as red the roof and stucco wall covering. Features of interest include a covered entry and a circular element on the south building elevation. The building steps down the hillside and it has been articulated to produce offsets and shadows that will soften the building mass exposed to from the valley below. 4. Landscaping: There are no existing mature trees on site within the proposed building area. The subject property is located within the Los Angeles County Fire Department "Very High Fire Hazard Severity Zone". Therefore, the proposed landscaping must comply with the Fire Department's Fuel Modification Plan requirements. The submitted preliminary landscape plan indicates that the future landscaping will comply with the Fire Department's regulations and guidelines. The preliminary landscape plan indicates that 28 new trees will be planted on site. The minimum size of the new trees will be 24 -inch box. The applicant indicates that over 56% of the required front yard will be landscaped with plant material. D. Compliance with Hillside Management Ordinance The proposed project has been reviewed for compliance with the City's Hillside Manage Design Guidelines and regulations. The applicant has elected to use terraced retaining walls to create the building pad. The retaining walls will be constructed of decorative block and they will be screened with landscape material. The height of the dwelling unit will not exceed 35 feet as measured from the finished grade to the highest ridge beam. The submitted plans indicate that the proposed structure will comply with the City's maximum building height. E. Additional Review The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the recommended conditions of approval. Page 4 DR 2007-32 F. General Plan, Design Guidelines and Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The proposed project will not negatively affect the existing surrounding land uses and the design and appearance of the proposed dwelling unit is compatible with the existing neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuantto Sections 15303 and 15332 of the CEQA Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution approving Development Review No. DR 2007-32 based on the findings set forth under Section 22.48.040 of the Development Code, subject to conditions. Prepared by: Reviewed by r, David D. Meyer Greg Gubman, AICP LDM Associates, Inc. Planning Manager Planning Consultant Attachments: 1. Aerial 2. Draft Resolution of Approval 3. Exhibit "A" — site plan, floor plan, and elevations 4. Letter of concern from an adjoining property owner Page 5 DR 2007-32 ,t ,oq Ooo$ duJ f W ' N Z. 0 Q, EnU) WO N N li U . 1 0 �9 00 Z /\ 690 F -Z Oi =J , h YO. W .. a`!?•r�'a � z•mzc;�" as - tr - ori uivz crf+Fi_ lx_.t t. � �'•._i`/3rJ N. ..mom - ] uTi `iF �, ly�friy+ ar.✓ f ----- sy :.f-•�: lit �.� mak' •�W: �� -.''�,�yP ,i� V i\ b�y � �1 ` \ � ii' Tw e ,'b' C M ,y �','•' • '`�-y*s fbF+wy %i \ ��tltiF OFi� •!%=M.�h b\ Vw �,r � � 0op � oy+e Vt�b .: wQ;q u �� N• t� t�i�w� ybd F 7n V .i'•r U;��a. � b Ih w� �, �. M o ID rdnaa � mN OD a rm 0 O .CV N YO ern r a ;t' car - C:) }• 1 co CD N O Z i- V . ui . w Kn M o wap of C3 tO ID O O 000 a+ N om . N 11 r` p12 '200-7- 32 co U • . Page 1 of 1 ht n-//aic ri Jimmnnd-bar. ca.us/Print/nrintview.aspx 2/7/200! PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-32 FOR THE REQUEST TO CONSTRUCT A THREE-STORY SINGLE-FAMILY RESIDENCE ON LOT NO. 5 OF TRACT 24046, LOCATED AT 1741 DERRINGER LANE, (APN: 8713-003-005) A. RECITALS 1. The Planning Commission considered an application filed by Pinnacle Building Structure, on behalf of the property owner, Mr. Jesse Ornelas, requesting approval of plans to construct a new three-story, 6,706 square foot single-family residence with an attached 4 -car 853 square foot garage and a swimming pool at 1741 Derringer Lane. 2. The subject property is zoned R-1(40,000) and it contains 56,192 square feet (1.29 acres) of gross land area. The property in question is subject to the Rural Residential (RR) Development Code Standards. 3. The subject property is legally described as Lot 5, Tract 24046 and the Assessor's Parcel Number is (APN) 8713-003-005. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site, and at three other locations within the project vicinity. 5. On February 12, 2008, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Sections 15303 and 15332 of the CEQA Guidelines. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed single-family residence and accessory structures are consistent with the RR Zone's Development Standards and the City's Design Guidelines. In addition, the proposed project with conditions of approval is consistent, in terms of mass, scale and appearance, with the surrounding single-family dwelling units. b. The design and layout of interfere with the use and future development, and it hazards. the proposed development will not enjoyment of neighboring existing or will not create traffic or pedestrian The subject property is located within a designed and developed residential estate neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed single-family residence will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding 2 Planning Commission Resolution No. 2008- neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence and accessory structure is consistent with the goals and objectives of the long-range planning policy documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and appearance of the surrounding existing development. The proposed project is an infill development that will complement the neighborhood residential character. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction material are consistent with other single-family residences in the surrounding neighborhood. e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed single-family residence is consistent with the anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. (2) The applicant shall obtain the services of a licensed landscape architect to prepare the final landscape plans 3 Planning Commission Resolution No. 2008-_ for the proposed project. The landscape plans shall include the design and selection of material for all hardscape, walls and fencing. The detailed landscape plans shall be submitted to the Community Development Director for review and approval, prior to issuance of building permits. (3) The required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan in terms of plant selection, placement and maintenance. The final landscape plan shall be submitted to the Fire Department for review and approval. (4) The exposed face of all retaining walls shall be constructed of or covered with masonry material approved by the Director. If masonry veneer is used, it shall be a ledger type stone, the color and style shall be selected by the project architect and approved by the Director. (5) The height of the proposed dwelling shall be surveyed before the rough framing inspection is made by the Building Department. A note to that effect shall be placed in a prominent location of the construction plans. (6) The maximum exposed face of any retaining wall shall not exceed six feet. The retaining walls shall be constructed of decorative masonry material approved by the Director. All retaining walls shall be screened with approved landscape material. b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant, Pinnacle Building Structure, 1840 W. Whittier Blvd. #206, La Habra, CA 90631 and the property owner Mr. Jesse Ornelas, 3385 Clover Place, Ontario, CA 91761 4 Planning Commission Resolution No. 2008-_ APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of February 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 5 Planning Commission Resolution No. 2008-_ ii COMMUNITY DEVELOPMENT .. DEPARTMENT (II DL1.�IOfill B�U'� � M STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No: Development Review No. 2007-32 SUBJECT: Construction of a new 3 -story Single -Family Dwelling and Accessory Structures PROPERTY Mr. Jesse Ornelas OWNER: 3385 Clover Place Ontario, CA 91761 APPLICANT: Pinnacle Building Structure 1840 W. Whittier Blvd. #206 La Habra, CA 90631 LOCATION: 1741 Derringer Lane, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALLCONTACT THE PLANNING DIVISION FOLLOWING CONDITIONS: AT (909) 839-7030, FOR COMPLIANCE A. GENERAL REQUIREMENTS' In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2007-32 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 6 Planning Commission Resolution No. 2008- (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-32 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2008 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans. The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7 Planning Commission Resolution No. 2008-_ 11. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit(whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. 2007-32 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050(b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly 8 Planning Commission Resolution No. 2008-_ E. F. appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the retaining wall height. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material or fencing proposed in the front setback shall not exceed 42 inches maximum height. 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that any and all slope vegetation is in satisfactory condition. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 9 Planning Commission Resolution No. 2008- A. GENERAL An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and shall incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 10 Planning Commission Resolution No. 2008 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 11 Planning Commission Resolution No. 2008-_ 13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. OFF-SITE STREET IMPROVEMENTS (Not required) E. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the requirements of the City and the Los Angeles County Public Works Division. G. TRAFFIC MITIGATIONS (Not required) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 12 Planning Commission Resolution No. 2008- _ 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 6. Specify 5/8" type X between the garage and the house. 13/8 solid core self closing door between the house and garage. 7. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 8. "Separate permits are required for pool, spa, pond and tennis courts" and shall be noted on plans. 9. A height survey shall be required at completion of framing. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 11. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) 12. Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building & Safety Division to take directly to the school district. 13 Planning Commission Resolution No. 2008-_ Walnut Valley School District 880 S Lemon Ave Walnut, CA 91789 (909) 595-1261 13. Please submit a total of 7 full set of plans including the grading for review to the. Building & Safety Division after the plans have been approved by the Planning Division/Commission. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 15. All balconies shall be designed for 601b. live load. 16. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 17. Indicate all easements on the site plan. 18. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 19. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 20. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 21. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 22. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 23. Specify location of tempered glass as required by code. 24. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 14 Planning Commission Resolution No. 2008- 25. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:' 1. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 15 Planning Commission Resolution No. 2008-_ s January 18, 2008 City of Diamond Bar Community Development Department 21825 Copley Drive Diamond Bar, Ca. 91765 To Whom It May Concern: Re: Development Review Application No. Dr 2006-29 Tree Permit TP 2006-06, Minor Variance MV 2006-04 & Variance 2007-07 Re: Development Review Application No. DR 2007-32 To Whom It May Concern: �G 7)/;1 14- J L On January 8, 2008, a hearing was held regarding the development of 1755 Derringer Lane: There is also another hearing scheduled for February 12, 2008 regarding the development of 1741 Derringer Lane. Both properties sit above our property which is located at 1653 Fire Hollow Drive, Diamond Bar, CA... We were unable to attend the hearing in January nor will we be able to attend the one on February 12, but we do wish to send comments for review regarding the development of these two properties. For the last few years there has been a home (1819 Derringer Lane) under construction which is located at the rear of our property and sits above us too. Whenever we have a fair amount of rain we receive water runoff from this property which includes mud, sand and debris. It often requires a lot of cleanup and repair. Fortunately, the contractor from that project has been very cooperative and helped with these cleanups. In fact, presently they will be sending someone down to do cleanup from the last rain, as soon as the soil is dry - Our concern with the two new construction projects mentioned above is that we, 11 have more of the same problems when it rains while these projects are under development. In addition, with past construction above our property, located to the north of these two properties in question, we've also had large rocks come down while they were grading, which damaged our fence. When efforts to contact the owner were made we received no response or help with cleanup and repair. None of this is something we should have to deal with when a construction project is going on above us. These are all problems that occurred during these construction projects and were created by these projects. Now that there are two more in the works we are concerned (and rightfully so) that we'll have to endure more repair and cleanup repeatedly from these two new projects. In addition, the City & County require us to keep our v -ditches and the entry to the flood channel located in our yard clean. These are directly affected by this runoff. Although we've been veiy,good about keeping these clean, having to endure more unnecessary debris & mud runoff from these projects, through no fault of ours, is not something we should have to continue to deal with. Please don't misunderstand .... we are not opposed to someone building a new home on the ridge so long as we do not suffer from the development. What we'd like to see are steps taken to prevent further problems for us from these two new developments (1755 & 1741 Derringer Lane). Our feeling is that more supervision from the City should occur on these projects. We'd also like to see during the construction, in the event of rain, all slopes not landscaped, be covered with plastic and that plastic be secured so it doesn't blow away. This should be a requirement. There should also be something done about water runoff from the roof during the rain to ensure that the water doesn't pour onto the dirt eroding it away and causing crevices and eventually slides. We have witnessed this from the current project at 1819. Steps should be taken during rains to channel water runoff to v-ditches, etc. so damage to other properties is minimal. We think that there needs to be a drainage plan put into place during construction as well as a temporary fence put across the rear of the property to contain any rocks and/or debris. We shouldn't have to keep dealing with these 'same problems every time a lot above us goes into construction mode. We would greatly appreciate the City giving this matter serious consideration and responding back to us with a reply. If nothing can be done about these problems we are subjected to, then we'd like to oppose these two projects from going forward. Especially, if we must continue to endure property damage and cleanup from property developments located above us. Thank you, we look forward to hearing from you soon. Sincerely, Harold and Kimberly SanXie' 1653 Fire Hollow Drive Diamond Bar, Ca. 91765 (909) 861-3705 LEI N 9 gJ °s ? Mu o uj> J LU �" — i I j i I e I I I j bb b b b �b b b - ■ [I [IF_I [i __ _ _ . 1_l GI L•I ISI @�I L•I LI J ��� . 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J" ♦ �c �� it ♦ O_4 �� / �. � aa 0° Lr` 61 . 9 �= I � "IAM I 0,�\_ - �II_D�IO�DP AGENDA REPORT �r•• 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839 -7030 --FAX (909) 861-3117_www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 8.2 MEETING DATE: February 12, 2008 CASE/FILE NUMBER: Development Review No. 2007-34 PROJECT LOCATION: 2651 Braided Mane Dr Diamond Bar, CA 91765 APPLICATION REQUEST: To construct a new three-story 6,844 square foot single-family residence with an attached 958 square foot 4 -car garage and a swimming pool. PROPERTY OWNERS: Victor Castillo 3903 Abbeywood Ave. Whittier, CA 90601 APPLICANTS: Pinnacle Building Structure 1840 W. Whittier Blvd. #206 La Habra, CA 90631 STAFF RECOMMENDATION: Conditional Approval BACKGROUND: A. Project Description: The applicant requests approval of a Development Review Application to construct a new three-story, 6,886 square foot single-family residence with an attached 958 square foot, 4 -car garage and a swimming pool. B. Site Description: The site is located on the west side of Braided Mane Drive approximately 300 feet south of Broken Feather Road. The site is legally described as Lot 14, Tract 30092, and the Tax Assessor Parcel No. is APN 8713-036-033. The subject property contains 50,094 gross square feet (1.15 acres) of land area and it is currently undeveloped. The property in question contains 170 feet of street frontage and a lot depth of approximately 260 feet. The site steeply slopes downward in a westerly direction. The average slope of the site is 36.47%. The site contains some mature trees; however, the applicant indicates that the trees are beyond the scope of the proposed development and that no mature trees will be removed from the site as part of this proposed project. ANALYSIS: A. Review Authority (Chapter 22.48) The construction of a single family residence requires approval of a Development Review Application. B. Site and Surrounding General Plan, Zoning and Uses C. Development Review (22.48) 1. Residential District General Development Standards: The following Table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (40,000)/RR: Page 2 DR 2007-34 General Plan Existing Zone District Development Code Standards Land Use Site Rural Residential R-1 40,000 RR Vacant North Rural Residential R-1 40,000 RR Residential South Rural Residential R-1 40,000 RR Residential East Rural Residential R-1 40,000 RR Residential West Rural Residential R-1 40,000 RR Residential C. Development Review (22.48) 1. Residential District General Development Standards: The following Table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (40,000)/RR: Page 2 DR 2007-34 2. Site and Grading: The subject property steeply slopes down in a westerly direction. The applicant is proposing to create the building pad using four (4) retaining walls and importing 2,208 cubic yards of fill material. A portion of the site will be excavated to anchor the proposed dwelling into the existing slope (cut 93 cubic yards). The applicant has used a semi -circular design for the retaining walls to create the building pad. The intent is to create a more aesthetically pleasing design for the retaining walls while still providing sufficient level area to provide ample recreation area for the future residents. The submitted plans demonstrate that there will be approximately 1,900 square feet of level land devoted to recreational opportunities. The applicant is proposing to construct one seven foot and two six foot high terraced retaining walls plus one four foot high wall to create the building pad for the subject building. A portion of the lower floor will be excavated into the existing slope. The retaining walls will be constructed of decorative block and will be screened by landscaping. 3. Elevations: The architecture is contemporary California rendition of Mediterranean architecture using materials such as red tile roof and stucco Page 3 DR 2007-34 Meets Development Feature R-1 (40,000) RR - Proposed Requirements Development Standards Minimum lot area 1 Acre 1.15 -acre. Yes Residential density 1 sin le-famil unit 1 single-family unit Yes Front setback 30 feet 30 feet Yes Side setbacks 15 ft on one side and 10 ft 40'- North side Yes on the other 30'- Southside 25 ft between structures 25 ft between structures on adjoining parcels on adjoining parcels Rear setback 25 ft from property line or 25 ft. from edge of Yes buildable pad on a buildable pad and descending slope average more than 25 ft whichever is a licable Lot coverage 30% 8.03% Yes Retaining Wall Height 4 -ft to create a building 4 -ft to 7 -ft. Yes pad 6 -ft. permitted 7 -ft allowable b Director Building height limit 35 feet maximum 35 -ft Yes Landscaping 50% of Front Yard 59.7% Yes Number of driveways One permitted 2 driveways Yes If site has 70 ft. of frontage two are permitted Width of Drive Approach 14 ft. maximum permitted 14-f Yes -Parking 2 spaces fully enclosed 1 4 spaces fully enclosed Yes 2. Site and Grading: The subject property steeply slopes down in a westerly direction. The applicant is proposing to create the building pad using four (4) retaining walls and importing 2,208 cubic yards of fill material. A portion of the site will be excavated to anchor the proposed dwelling into the existing slope (cut 93 cubic yards). The applicant has used a semi -circular design for the retaining walls to create the building pad. The intent is to create a more aesthetically pleasing design for the retaining walls while still providing sufficient level area to provide ample recreation area for the future residents. The submitted plans demonstrate that there will be approximately 1,900 square feet of level land devoted to recreational opportunities. The applicant is proposing to construct one seven foot and two six foot high terraced retaining walls plus one four foot high wall to create the building pad for the subject building. A portion of the lower floor will be excavated into the existing slope. The retaining walls will be constructed of decorative block and will be screened by landscaping. 3. Elevations: The architecture is contemporary California rendition of Mediterranean architecture using materials such as red tile roof and stucco Page 3 DR 2007-34 wall covering. Features of interest include a covered entry. The building steps down the hillside and it has been articulated to produce offsets and shadows that will soften the building mass exposed to the valley below. 4. Landscaping: The applicant reports that there are no existing mature trees on site within the proposed building area. The subject property is located within the Los Angeles County Fire Department "Very High Fire Hazard Severity Zone". Therefore, the proposed landscaping must comply with the Fire Department's Fuel Modification Plan requirements. The submitted preliminary landscape plan indicates that the future landscaping will comply with the Fire Department's regulations and guidelines. The preliminary landscape plan indicates that thirty new 24 -inch box trees will be planted on site. In addition, 20 15 -gallon trees will be installed on site. The applicant indicates that over 59% of the required front yard will be landscaped with plant material. D. Compliance with Hillside Management Ordinance The proposed project has been reviewed for compliance with the City's Hillside Management Design Guidelines and regulations. The applicant has elected to use terraced retaining walls to create the building pad. The retaining walls will be constructed of decorative block and they will be screened with landscape material. The height of the dwelling unit will not exceed 35 feet as measured from the finished grade to the highest ridge beam. The submitted plans indicate that the proposed structure will comply with the City's maximum building height. E. Additional Review The Public Works Department, the Building and Safety Department reviewed this project. Their comments are included in both the report and the recommended conditions of approval. F. General Plan, Design Guidelines and Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The proposed project will not negatively affect the existing surrounding land uses and the design and appearance of the proposed dwelling unit is compatible with the existing neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. Page 4 DR 2007-34 ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15303 and 15332 of the CEQA Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution approving Development Review No. DR 2007-34 based on the findings set forth under Section 22.48 of the Development Code, subject to conditions. Prepared by: David D. Meyer LDM Associates, Inc. Planning Consultant Attachments: Reviewed by Greg Gubman, ICP Planning Manager 1. Aerial 2. Draft Resolution of Approval 3. Exhibit "A" — site plan, floor plan, and elevations. Page 5 DR 2007-34 - Il,• J' U aw � w N Z LO U- 40 Oaf O Oit p W MA Of - >•f O to — 1 (O 1^ k `rte �" 10 � wi• • �' @ � w N � Lo a$ 3N (330 HS SSW e.R s will Ian IN Ln fn to aD xpr.+ w "oc •.ds � ff.`s ==t. utr ___ ro U. iL 'y .♦@♦ tin \1V `1,�� �u��♦ e e���^ - ^\V tllOArti :e ? v.�y .fg�o. � .. ;�M L i� At co � ry� v�a�co 2 �.� rJ+F ♦e�F. O �' Q'O � yy v g ♦ M R A• y -D � � �`m`ritli� � j�� P-9- Q1 rl •v�, rn co $ z ♦7i ?ra ; X74"♦ 'e2is Y x �L1I Q{kI,` m to ` r4R,~i "�al: .+^ `w �' v 4+►zj- ____ Pqy' 6,q Y � ♦e.,� B�Sh y�� � �I - �i-__!�1 _ '_` I� `"oK��`s• �n=ggnCD cr, R}OI ''•y __`�- .- _?ern _ a, l `aya 2=•. R ?�L � : ` O 1N q 'N f�'� Ch 01 Z. Z - Ow /Vb� �♦y'h M W W r a ¢m Wt-olrm- of 0o00 �o N $000 or co II N ' PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-34 FOR THE REQUEST TO CONSTRUCT A THREE-STORY SINGLE-FAMILY RESIDENCE ON LOT NO. 14 OF TRACT 30092, LOCATED AT 2651 BRAIDED MANE DRIVE, (APN: 8713-036-033) A. RECITALS The Planning Commission considered an application filed by Pinnacle Building Structure, on behalf of the property owner, Mr. Victor Castillo, requesting approval of plans to construct a new three-story, 6,844 square foot single-family residence with an attached 4 -car, 958 square foot garage and a swimming pool at 2651 Braided Mane Drive. 2. The subject property is zoned R1-(40,000), and contains 50,094 square feet (1.15 acres) of gross land area. The property in question is subject to the Rural Residential (RR) Development Code Standards. 3. The subject property is legally described as Lot 14, Tract 30092 and the Assessor's Parcel Number is (APN) 8713-036-033. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site, and at three other locations within the project vicinity. 5. On February 12, 2008, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Sections 15303 and 15332 of the CEQA Guidelines. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed single-family residence and accessory structures are consistent with the RR Zone's Development Standards and the City's Design Guidelines. In addition, the proposed project with conditions of approval is consistent, in terms of mass, scale and appearance, with the surrounding single-family dwelling units. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a designed and developed residential estate neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed single-family residence will not negatively impact the existing or future development of the surrounding neighborhood. C. 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 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence and accessory structure is consistent with the goals and objectives of the long- range planning policy documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and 2 Planning Commission Resolution No. 2008-_ appearance of the surrounding existing development. The proposed project is an infill development that will complement the neighborhood residential character. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction materials are consistent with other single-family residences in the surrounding neighborhood. e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed single-family residence is consistent with the existing and anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. (2) The applicant shall obtain the services of a licensed landscape architect to prepare the final landscape plans for the proposed project. The landscape plans shall include the design and selection of material for all hardscape, walls and fencing. The detailed landscape plans shall be submitted to the Community Development Director for review and approval, prior to issuance of building permits. (3) The required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan in terms of plant selection, placement 3 Planning Commission Resolution No. 2008- and maintenance. The final landscape plan shall be submitted to the Fire Department for review and approval. (4) No existing mature tree shall be removed from the site in order to accommodate the proposed project without first consulting with the Planning Division and, if applicable, applying for and obtaining a Tree Permit. (5) The exposed face of all retaining walls shall be constructed of decorative masonry block or such walls shall be covered with masonry veneer approved by the Director. If masonry veneer is used, it shall be a ledger type stone, the color and style shall be selected by the project architect and approved by the Director. (6) The maximum height of the proposed retaining walls shall not exceed seven (7) feet of exposed surface. Retaining walls used to create the building pad shall not exceed four (4) feet of exposed surface. (7) The height of the proposed dwelling shall not exceed 35 feet as measured from the finished grade to the highest ridge beam. (8) The subject dwelling unit shall be surveyed before the rough framing inspection is made by the Building Department. A note to that effect shall be placed in a prominent location of the construction plans. (9) All retaining walls shall be screened with approved landscape material. b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant, Pinnacle Building Structure, 1840 W. Whittier Blvd. #206, La Habra, CA 90631 and the property owner Mr. Victor Castillo, 3903 Abbeywood Avenue, Whittier, CA 90601. 4 Planning Commission Resolution No. 2008-_ APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of February 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 5 Planning Commission Resolution No. 2008-_ �I DL�;�IO�ll Ii�1Rl��COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No: Development Review No. 2007-34 SUBJECT: Construction of a new 3 -story Sinale-Family Dwelling and Accessory Structures PROPERTY Mr. Victor Castillo OWNER: 3903 Abbeywood Ave. Whittier, CA 90601 APPLICANT: Pinnacle Building Structure 1840 W. Whittier Blvd. #206 La Habra, CA 90631 LOCATION: 2651 Braided Mane Drive, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS' In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2007- 34 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 6 Planning Commission Resolution No. 200&_ (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-34 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2008 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans. The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 Planning Commission Resolution No. 2008- B. FEESIDEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit(whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. 2007-34 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050(b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT I. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively referenced herein as Exhibit "A' including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 8 Planning Commission Resolution No. 2008-_ E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the retaining wall height. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material or fencing proposed in the front setback shall not exceed 42 inches maximum height. 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that any and all slope vegetation is in satisfactory condition. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and shall incorporate the appropriate Best Management Practices (BMP's) 9 Planning Commission Resolution No. 2008-_ B. as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 10 Planning Commission Resolution No. 2008-_ 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 11 Planning Commission Resolution No. 2008-_ 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. OFF-SITE STREET IMPROVEMENTS Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. E. UTILITIES Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK 1. Applicant shall obtain Septic Tank permits from the City Building & Safety Division prior to issuance of building permits. 2. Any homeowner that installs a new septic tank system, repairs and an existing septic tank or adds any plumbing fixture units or bedroom equivalents to the facility served by an existing septic system will need to submit a Notice of Intent (NOI) to the Regional Water Quality Control Board for Waste Discharge Requirements and submit a copy of the sent NOI and check to the City prior to release of Grading Permits. Please refer to City handouts. 3. SEPTIC TANK: The Applicant shall show septic tank location, size and details on the plans. The Los Angeles County Health Department, California Water Control Board and the City's Geotechnical Engineer shall approve these plans prior to the issuance of any permits. The property owner shall be required to sign and record the City's Covenant for use of a septic system. G. TRAFFIC MITIGATIONS (Not required) APPLICANT SHALL CONTACT THE UILDING AND SAFETY BOLLOWING CONDITIONS!VISION, (909) 839- 7020, FOR COMPLIANCE WITH THE 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, 12 Planning Commission Resolution No. 2008-_ and the 2004 California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 6. Specify 518" type X between the garage and the house. 13/8 solid core self closing door between the house and garage. 7. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 8. "Separate permits are required for pool, spa, pond and tennis courts" and shall be noted on plans. 9. A height survey shall be required at completion of framing. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 11. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) 13 Planning Commission Resolution No. 2008-_ 12. Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building & Safety Division to take directly to the school district. Walnut Valley School District 880 S Lemon Ave Walnut, CA 91789 (909) 595-1261 13. Please submit a total of 7 full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 15. All balconies shall be designed for 601b. live load. 16. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 17. Indicate all easements on the site plan. 18. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 19. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 20. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 21. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 22. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 23. Specify location of tempered glass as required by code. 24. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 14 planning Commission Resolution No. 2008-. 25. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:' 1. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 15 Planning Commission Resolution No. 2008-_ i o- o- o- o - I � R a$ J� o (� J $� di LL E O €� 1REDG 1 m u- I� � 1 1 0 I j o lu m W W 2 `/ter S W 2 i 5 � p RRqplp " 000 7800 1 8�8 � o °❑°❑°❑°❑°❑ 1 _ ZI m� o-------- a� moo 8888 � IL oog=g W off- - ---- - 1 Y � I Y .8 wg t a s 1 Ye M OVY '�- s� �.y€ ay �€ci low ;i J �I & f �.Y. Y7v sY � � i€ y�2 �� 3 �e€ � ��s �b 0�� �� �; ��•I igteN Y .8 wg t a s 1 Ye M OVY g �e !d LL igteN T m [Q g Y Y S 0 lu 5 gp Ye° O so r �;� 'so- e5's@§ •b fl! ' i`- @i- Ywt V evl �.. R a R 8 R 3 R i s ld 413 ¢— i p N m _ Y R k I 1 .illi@a @p9_Y £a g X \ —t-1 1 \\ a a R S A S R n Z u - 5 y q Yd■ty c e ( ( p54 X[ F "�;� R y �F :I PIN PIN € P ag��g IT � � p @lka �[ `E$ £ig 3 � � bpah��^ YQ tY 66££ £� � @� iY a R 5e 6� � 6 i 6 Y� 6 � h�� i� j� �p•p 6�� g p. 2p a 3 g° g ¢ g a � 3 � 5� S£ � ���� g" X� � :3 Y� g � E■ ° �® [� i 6 cgg 9 � p QD W i � r QD � (- illllllfl /IA� Im�m'���►r =c r Lo/ FI „I r, ��� NIY•s ��Ti�c E' ��� � Y;�r �p( Rb at> rerat;;t3ootfQ l• oil O®®OB a it{ ltFE :a all— aARIQ 2MVW Q3QIV2i8 }G ► opo i'�r `i�ei/ G i • o e � � IIIIlIIII �--�ro"'� oo • �e o�,�; • ••: ® �, _j 0000°oo:oou.� nir. a •t3 i♦. i L � li� i r�i0'.♦i i.•i i�07 000 •, .� ll'a .,i I fig I Ilk, Eli o Ill bpi I ty ir!J ►-oo eo��©oo 1 s PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR CA 91765 - TEL (909) 839-7030 - PAX (909) 861-3117 AGENDA ITEM NUMBER: 8.3 MEETING DATE: February 12, 2008 CASE/FILE NUMBER: Conditional Use Permit No. 2005 -06(1) and Development Review 2005-33(1) PROJECT LOCATION: 400 Rancheria Road (APN: 8281-099-041) APPLICATION REQUEST: Under the authority of Development Code Section 22.66, the applicant is requesting approval to modify the architectural elevations previously approved by the Planning Commission on May 9, 2006. PROPERTY OWNER: Northminister Presbyterian Church 400 Rancheria Road Diamond Bar, CA 91765 APPLICANT: Mr. Larry Wolff WLC Architects 10407 Foothill Boulevard Rancho Cucamonga, CA 91730 STAFF RECOMMENDATION: Conditionally approve. CUP 2005-06(1)/DR 2005-33(1) Page 1 BACKGROUND: On May 9, 2006, the Planning Commission approved Minor Conditional Use Permit No. 2005-06 and Development Review No. 2005-33. The approval allows a 2,700 square foot addition to and remodeling of Northminster Presbyterian Church located at 400 Rancheria Road. The May 9, 2006, Planning Commission staff report is attached to this report so the Commission can review the details of the approved project. Due to budget issues, the applicant is requesting to change the architectural design of the proposed addition. The location of the addition, square footage and uses do not change with the applicant's request. ANALYSIS: A. Application and Review Authority (Diamond Bar Development Code Section 22.66 Major changes to an approved project may be construction. If the matter originally required a authority, in this case the Planning Commission, requested major changes. B. Proposed Changes to the Proiect Floor Plan requested either before or after noticed public hearing, the review shall hold a public hearing on the The overall square footage and footprint of the proposed addition is not changed. However, a reconfiguration of the square footage is proposed. The dining/conference room is reduced by 100 square feet. The 100 square feet is added to the storage room area adjacent to the dining/conference room to accommodate a restroom required by the Building and Safety Division. Also, a sink and counter are added to the dining/conference room. 2. Architectural Features, Colors and Materials Architecturally, the approved steep contemporary roof is changed to a conventional gable roof that matches the roof of the existing building that attaches to the proposed addition. Also, the roof height is reduced by approximately 11 feet and some windows are eliminated. Further, the canopy that projects over the walkway adjacent to the addition is deleted. The proposed colors and materials used for the building will not change except for the roof. Roof material will change from concrete tile to composite shingle which matches the roof of the existing building that connects to the addition. CUP 2005-06(1)/DR 2005-33(1) Page 2 C. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301(e) of the CEQA Guidelines. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Public hearing notices were mailed to approximately 320 property owners within a 700 -foot radius of the project site and the public notice was posted in three public places. In addition, the project site was posted with a display board. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2005-06(1) and Development Review No. 2005-33(1), Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: A 1L, v AV 4 Ain J. Lu gu , Associate Planner Attachments: Reviewed by: Greg Gubman, AICP Planning Manager 1. Draft Resolution 2. Planning Commission staff report for the May 9, 2006 meeting 3. Planning Commission approved Resolution No. 2006-17 4. Architectural drawings approved by the Planning Commission on May 9, 2006 5. Exhibit "A" - site plan, floor plan, roof plan, sections and elevations dated February 12, 2008 CUP 2005-06(1)/DR 2005-33(1) Page 3 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2005-06 (1) DEVELOPMENT REVIEW NO. 2005-33(l), AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT AN ADDITION OF APPROXIMATELY 2,700 SQUARE FEET TO AN EXISTING CHURCH FACILITY LOCATED AT 400 RANCHERIA ROAD (APN# 8281- 0099-041), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Northminster Presbyterian Church of Diamond Bar and applicant, WLC Architects, have filed an application for Conditional Use Permit No. 2005-06(1), Development Review No. 2005-33(1) and categorical exemption for a property located at 400 Rancheria Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and categorical exemption shall be referred to as the "Application." 2. 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 320 property owners within a 700 -foot radius of the project site and the public notice was posted in three public places. In addition, the project site was posted with a display board. 3. On February 12, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt in accordance to Section 15301(e) of the California Environmental Quality Act (CEQA) Guidelines. Furthermore, Planning Commission Resolution No. 2008 -XX the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a. Development Review (1) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas (e.g., specific plans, community plans, boulevards, or planned developments.) On July 25, 1995, the City adopted its General Plan. The church facility was approved by Los Angeles County in the late 1960's. Although the church facility was built prior to the adoption of the General Plan, the use, density, lot size, parking adequacy and access is consistent with the objectives and strategies of the City's General Plan. Additionally, the church hosts community activities which is also consistent with the General Plan According to the Development Code, the development standards of the Medium Density Residential (RM) zoning district apply to the project site. The proposed addition meets all the development standards of this zoning district. The contemporary architectural style and scale and proposed colors and materials of the proposed addition are consistent with other buildings on site. As a result, the proposed addition is also consistent with the City's Design Guidelines. 2 Planning Commission Resolution No. 2008 -XX (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. With the approval and construction of the proposed addition, the on-site traffic and pedestrian circulation will not change. As referenced above in Finding (a)(1), the proposed project can be accommodated at the project site. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. Therefore, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. (3) 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 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. As referenced above in Development Review Findings (a)(1) and (2), the proposed project is consistent with the RM zoning district and the City's Design Guidelines. There is no specific plan for the project area. (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. As referenced above in Findings (a)(1), (2), and (3), the proposed project provides a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety with a low level of maintenance due to the type of materials used for construction. (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. 3 Planning Commission Resolution No. 2008 -XX Before the issuance of any City permits, the proposed project will comply with all conditions in the approved resolution and the requirements of the Building and Safety Division, Public Works Department, and Fire Department. 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. b. Conditional Use Permit (1) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code. The church facility was approved in 1960 by Los Angeles County with a Conditional Use Permit. According to the Development Code, a church is also allowed in the R-3-8, 000 zoning district with the approval of the Conditional Use. Permit. Also, modifications or additions to the church facility require an amendment approval to the original Conditional Use Permit. Furthermore, the proposed project meets the applicable Development Code and Municipal Code requirements as discussed above in the Development Review Findings. (2) The proposed use is consistent with the General Plan and any applicable specific plan. As stated above in Finding (a)(1), the proposed project is consistent with the City's General Plan. There is no applicable specific plan. (3) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed addition meets all the development standards of RM zoning district. The proposed addition is consistent with the existing contemporary architectural style and scale and colors and materials of other buildings on site and the surrounding 4 Planning Commission Resolution No. 2008 -XX neighborhood. Also, the proposed addition does not change the operational characteristics and activities of the church facility. (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. The proposed addition does not change the access to the project site. Existing utilities at the project site can accommodate the addition. Because of the proposed addition, the applicant was required to provide evidence that on-site parking could accommodate the church facility with the proposed addition. The Advantec Consulting Engineers conducted a survey on Sunday, March 12, 2006. The survey indicated that the highest demand for parking spaces occurred between 11:00 a.m. and 11:45 a.m. and 96 spaces where needed. The church facility provides 105 parking spaces. By applying the concept of shared parking and staggering the hours for each activity, the proposed addition will not require any additional parking spaces. Furthermore, the City is not aware of any complaints from the surrounding neighbors related to overflow parking on to the surrounding residential streets. Therefore, the design, location, size and operating characteristics of the proposed addition are compatible with the existing and future land uses in the vicinity. (5) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. As discussed in the Development Review and Conditional Use Permit Findings, above that the proposed project is physically suitable for the project site. Additionally, Fire Department approval, structural plan check, City permits and inspections are required. As a result, the referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 5 Planning Commission Resolution No. 2008 -XX A. Planning Division 1. Planning Commission Resolution No. 2006-17 approved on May 9, 2006, shall be null and void and no longer in effect. 2. Prior to final inspection, the applicant shall submit a final landscape/irrigation plan delineating the replacement of landscaping and irrigation destroyed during construction. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 3. The applicant shall use advanced scheduling and the staggering of church activities to avoid the overlapping of said activities in order to control the parking demand. 4. Church activities and events shall not overflow into the adjacent residential neighborhood and shall occur within the boundaries of the project site. 5. Roof mounted equipment shall be screened from public view. Prior to plan check submittal, the applicant shall provide building cross sections showing the method of screening to the Planning Division for approval. Method of screening shall be architecturally compatible with the building. B. Public Works Department Prior to plan check submittal, the applicant shall submit a complete drainage plan that accurately reflects the drainage course/pattern of the entire site including the parking lot for Public Work/Engineedng Department review and approval. The drainage plan shall show all storm drains, drainage devices (i.e., concrete swales; v -ditches, etc.,) and catch 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: Northminster Presbyterian Church of Diamond Bar, 400 Rancheria Road, Diamond Bar, CA 91765, and Mr. Larry Wolff, WLC Architects, 10407 Foothill Boulevard, Rancho Cucamonga, CA 91730 6 Planning Commission Resolution No. 2008 -XX APPROVED AND ADOPTED THIS 12Th OF FEBRUARY 2008 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. mm Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of February 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 7 Planning Commission Resolution No. 20DB-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT M Conditional Use Permit No 2005-06(1) and Development Review No. 2005-330) SUBJECT: Remodel/2,700 SQ Ft Addition to Existing Church Facility PROPERTY OWNER: Northminster Presbyterian Church of Diamond Bar APPLICANT: Larry Wolff/WLC Architects LOCATION: 400 Rancheria Road ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-08 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 8 Planning Commission Resolution No. 2008 -XX (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2005-06(1) and Development Review No. 2005-33(1) at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2008 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 9 Planning Commission Resolution No. 2008 -XX 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Priorto any plan check, all deposit accounts forthe processing of this project shall have no deficits. C. Time Limits The approval of Conditional Use Permit No. 2005-06(1) and Development Review No. 2005-33(1) shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" dated February 12, 2008, including: site plan, floor plan, roof plan, architectural elevations, exterior materials and colors, and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3 To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non - 10 Planning Commission Resolution No. 2008 -XX compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property ownerloccupant. E. Solid Waste 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. Central trash enclosures shall be equipped with recycling receptacles 5. Provide adequate capacity for a central trash enclosure to be equipped with recycling receptacles. For every trash bin needed (3 CY or 6 CY), there must be enough space for an equivalent 3 cubic yard recycling bin (51"H x 81"W x 42"D) shown on the plan as a one to one (1:1) ratio. 6. Provide a separate pedestrian entry, a continuous 6 -inch curbing inside, and overhead trellis work with heavy lumber for the trash enclosure area. 7. Provide metal gates for the trash enclosure. Chain link with wood slats are not acceptable material for gates. 8. The exterior design, materials and colors for the trash enclosure shall be compatible to the building architectural style. 11 Planning Commission Resolution No. 2008 -XX 9. Trash enclosure shall be of decorative material such as stucco, plaster, split face block or other material as approved by Community Development Director. Chain link with wood slats or precision block is not acceptable. 10. Enclosure areas must have drainage from adjoining roofs and pavement diverted around the area to avoid flow-through. Trash enclosure drainage should be directed to vegetated areas where feasible. 11. Enclosure areas must be walled to prevent offsite transport of trash. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1St and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. C. Drainage Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 12 Planning Commission Resolution No. 2008 -XX APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and 2007 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 5. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 6. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 7. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. 8. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 13 Planning Commission Resolution No. 2008 -XX 9. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 10. Verify adequate exit requirements. The distance between required exits shall be'/2 of the building diagonal. 11. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 12. Specify location of tempered glass as required by code. 13. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) End 14 planning commission Resolution No. 2008 -XX PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR -- 21825 COPLEY DRIVE - DIAMOND BAR CA 91765 - TEL (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER r ` i MEETING DATE: May 9, 2006 REPORTDATE: April 26, 2006 CASE/FILE NUMBER Conditional Use Permit No. 2005- 06/Development Review 2005-33 PROJECT LOCATION: 400 Rancheria Road (Tract 24612, Lot 51) Diamond Bar, CA 91765 APPLICATION REQUEST: Approval to remodel and add approximately 2,700 square feet to an existing church. PROPERTY OWNER Northminster Presbyterian Church of Diamond Bar 400 Rancheria Road Diamond Bar, CA 91765 APPLICANT: Larry Wolff WLC Architects 10407 Foothill Boulevard Rancho Cucamonga, CA 91730 STAFFRECOMTTNDATION: Approve 2005-06 Conditional Use and Development Permit Review No. No. 2005-33 1 CUP 2005-OG/DR 200533 Page BACKGROUND: Site Description: The project site is located on the northwest corner of Rancheria Road and Golden Springs Drive. It is approximately 4.95 acres (215,622 square feet) and developed with a 12,091 square foot church facility. The church facility was processed by Los Angeles County and construction began in the late 1960s. The church facility consists of a sanctuary, office building, two classroom buildings, and fellowship hall. General Plan and Zoning: o General Plan Designation: Low Density Residential (RL) Maximum 3 DU/AC. o Zoning: Multi -Family Residence -Minimum Lot Size 8,000 square feet (R-3-8,000). o Surrounding Zones and Uses: R-1-8,000, single-family residences and C-1, neighborhood commercial. ANALYSIS: A. Application Request The application request is to add approximately 2,700 square feet to the existing fellowship hall building for a new fellowship hall meeting room and two new restrooms. It also includes converting the existing fellowship hall meeting room into two rooms, one for adult education and choir and converting the stage area into a storage room. The remaining 600 square feet of the addition will be divided among the proposed storage room and two bathrooms. Furthermore, significant change will occur to the elevation of the addition. B. Development Applications/Review Authority (Code Sections 22.08, 22.44 and 22.58) The proposed project consists of two applications, Development Review and Conditional Use Permit. The Development Review application is for architectural/design review. The Conditional Use Permit is required for churches in all zoning districts to review the potential impacts of this use and to ensure that the proposed use will not interfere with the public health, safety and welfare. The Planning Commission is the review authority for both applications. C. Development Review (Code Sections 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process also ensures that new development and intensification of existing development yield a pleasant living, working, or shopping environment and attracts the interests of residents, workers, shoppers, and visitors as the result of consistent exemplary design. Development Standards Since the project site has a General Plan land use designation of RL, new construct must comply with the applicable standards in the RL zoning District. The comparison matrix below shows that the proposed project has met the development standards for the RL zoning district. DevelopmentMeet RL Zoning District Proposed Requirement Feature Requirements Minimum Lot Area 10,000 sq. ft. 4.95 acres(existing) Yes Front yard setback 20 ft. 215 ft. new fellowship hall Yes Side yard setbacks 5 & 10 ft. 158 and 255 ft. Yes Rear setback 25 ft. 112 ft. Yes Building height 35 ft. from natural or 29 ft Yes finished grade Lot coverage 40% (maximum) 9 % Yes Landscaping Per Chapter 22.24; 50 /o of front yard shall 55 % of project site is Yes landscaped be landsca ed Provide 105 parking 1 space per 3 seats, or 1 spaces; LA County Parkin g space per sq. ft. of approval required a Yes' gross assemble area, minimum100 parking classrooms& meeting space be provided rooms * Parking discussion provided in the Conditional Use Permit discussion. 2. Architecture/Color and Materials The architectural style of the proposed fellowship hall building is Contemporary and consistent with the architectural style of the sanctuary. The design of the proposed fellowship hall building is compatible with the existing buildings at the project site in the following manner: The use of sharp angles for the roof design are reflected in the roof design of the sanctuary; The proposed concrete tile roofing material and gray/brown color matches the sanctuary; The proposed canopy duplicates the canopy attached to the classroom and office buildings; and CUP 2005-Ob/DR 2005-33 Pa,ge 3 5. The proposed colors and materials fascia match existing buildings on tile to match the sanctuary's roof. Floor Plan Layout of off-white stucco, medium blue for the site and gray/brown concrete roof The proposed project will result in the addition of a new 2,100 square foot meeting room. The existing fellowship hall meeting room will be converted into two rooms for the choir and adult education. A storage room will be added adjacent to the fellowship hall and two restrooms will be added adjacent to the existing restroom and choir room. Gradinq/Drainage The project site contains a buildable pad for the proposed addition. Therefore, grading is not required. The applicant will be required to submit a drainage plan that accurately reflects the drainage pattern of the entire site including the parking lot. The drainage plan shall show all drains, drainage devices and catch basins. Drainage patterns and techniques shall be reviewed and approved by the Public Works Department prior to any permit issuance. Landscaping A landscape plan was not submitted with this project's application. The applicant is required to submit a final landscape/irrigation plan prior to the final inspection delineating the replacement of landscaping and irrigation destroyed during construction. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. D. Conditional Use Permit The Conditional Use Permit provides a process to review the effects of a specified use allowed in various zoning district on the surrounding area and to ensure that the proposed use will protect the public health, safety and welfare. Pursuant to the Development Code, churches are allowed in all zoning districts with a Conditional Use Permit approval. Original Approval According to permits on file from Los Angeles County, the church facility was approved by Los Angeles County in late 1960's and built in phases with the sanctuary being the last phase and built in 1980. The County's approval allowed a church facility with night activities and a child day care nursery. The County's approval required that a minimum 100 parking spaces be provided. 4 CUP 2005-OG/DR 200533 Page 2. Operational characteristics/Activities The church also hosts community activities during the week such as boy/girl scouts and Red Cross/Blood Drive by appointment only. 3. Parking Study Advantec Consulting Engineers conducted a survey on Sunday, March 12, 2006. The survey indicated that the highest demand for parking spaces occurred between 11:00 a.m. and 11:45 a.m. when 96 spaces where needed. The church facility provides 105 parking spaces. By applying the concept of shared parking and staggering the hours for each activity, the proposed addition will not require any additional parking spaces. Furthermore, the City is not aware of any complaints from the surrounding neighbors related to overflow parking on to the residential streets. E. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e) (addition to an existing structure), the City has determined that this project is Categorically Exempt. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on April 27, 2006. Public hearing notices were mailed to approximately 178 property CUP 2005-06/DR 200533 Pag- Time & Activities Attendance Estimate y F 8:15-9:15 a.m. Worship 20 people 10:30-11:30 a.m. Worshi /Sunda school 200 eo le y 9-12:00 p. m. Pre-school 50 adults &children 8:30-4:00 p.m. Office 3 people 5-7:00 p.m. Young Olympians 54 adults & youth Tuesday 9-12:00 p. m. Pre-school 50 adults & children 8:30-4:00 p.m. Office 3 people 7:30-9:00 .m. Bible Stud 30 adults Wednesday 9-12:00 p. m. Pre-school 50 adults & children 8:30-4:00 p.m. Office 3 people 7:30-9:00 .m. Bible Stud 15 adults Thursday 9-12:00 p. m. Pre-school 50 adults &children 8:30-4:00 p.m. Office 3 people 5-7:00 p.m. Young Olympians 54 adults & youth 7:30-9:30 p.m. Choir practirae 25 adults Frida 9-12:00 p, m. Pre-school 50 adults & children Saturday Weddings — 6 per year 1 100 Deople The church also hosts community activities during the week such as boy/girl scouts and Red Cross/Blood Drive by appointment only. 3. Parking Study Advantec Consulting Engineers conducted a survey on Sunday, March 12, 2006. The survey indicated that the highest demand for parking spaces occurred between 11:00 a.m. and 11:45 a.m. when 96 spaces where needed. The church facility provides 105 parking spaces. By applying the concept of shared parking and staggering the hours for each activity, the proposed addition will not require any additional parking spaces. Furthermore, the City is not aware of any complaints from the surrounding neighbors related to overflow parking on to the residential streets. E. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e) (addition to an existing structure), the City has determined that this project is Categorically Exempt. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on April 27, 2006. Public hearing notices were mailed to approximately 178 property CUP 2005-06/DR 200533 Pag- owners within a 500 -foot radius of the project site on April 24, 2006. The public notice was posted in three public places and the project site was posted with a display board by April 25, 2006. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2005-06 and Development Review No. 2005-33, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: An J. 4Lunu,A ocia Planner Attachments: 1. Draft Resolution; ations and colors and materials board dated May 2. Exhibit "A" - site plan, floor plan, elev 9, 2006; 3. Parking Study prepared by Advantec Consulting Engineers dated April 5, 2006 4. Aerial. 6 CUP 2005-0b/DR 200533 Page Parking Study for The Northminister Presbyterian Church (Remodel & Addition of the Fellowship Hall) o'pFESSY1 9 �pRD k !! ["''0 ' " N0. 1"3 Exp. 06/30/D6 slgr JRAF 4\G ���� �F CA0 400 S. Rancheria Road Diamond Bar, CA 91765 April 5, 2006 Prepared for: The City of Diamond Bar Prepared by: ADVANTEC Consulting Engineers 21700 Copley Drive, Suite 350 Diamond Bar, CA 91765 (909)860-6222 Parking Study for Northminister Presbyterian Church in the City of Diamond Bar Background The Northminister Presbyterian Church, located at 400 S. Rancheria Road in Diamond Bar, is proposing to build a new storage room, (2) new handicap restrooms and expand its existing Fellowship Hall. The current fellowship hall is a one-story 2,750 square foot building which includes a warming kitchen, platform stage, and (2) handicap restrooms. The existing Sanctuary (3,927 square foot) is a stand alone building located west of the fellowship hall. The site also has an office building and 2 buildings with 7 classrooms surrounding the fellowship hall. In the vicinity of the Church, there are mostly single family residential homes and apartment complexes. A liquor store and corner strip mall lies west of the Church along Golden Springs Drive. Figure 1 depicts the project location map and Figure 2 shows the project site plan. Figure 1: Project Location Map Parking Study for Northminister Presbyterian Church in the City of Diamond Bar Fimire 2: Site Plan VWLC LL FF OWE 0 LL. �✓ �............. ------------------------- The proposed fellowship hall, and restroom will add an additional 2,710 square feet to the site. The fellowship hall will be used for barbecues, wedding receptions and after Church activities on occasional Sundays. Therefore, the fellowship hall alone will not generate any parking needs at the same time regular Sunday Church services are in session. It should also be noted that with the installment of the new fellowship hall addition, there will not be an increase in the Church membership and classroom attendance, or an increase to the existing 105 on-site parking spaces. Because of the modification to the existing building, City of Diamond Bar would like to have the parking requirement revisited. The purpose of this report is to verify if the parking demand will meet the number of spaces provided as well as meeting the City's municipal code. Parking Study for Northminister Presbyterian Church in the City of Diamond Bar Church Activities The Church has distributed to ADVANTEC their weekly activities. Peak parking demand would be on Sundays during the 10:30 a.m. — 11:30 a.m. worship service where attendance is the highest. Table 1 shows the weekly activities. Table 1 -Activities The Northminister Presbyterian Church also hosts community activities during the week such as Boy Scouts, Red Cross ... etc, by appointment only. These programs would be held from late afternoon — evenings, with an attendance between 20 — 50 people. Parking Requirement The amount of parking spaces required by the proposed development can be determined according to the City of Diamond Bar, Municipal code Title 22 Development Code, Article I1I, Chapter 22.30.0.4, Table 3-10. Which is summarized as follows: Churches, other places of worship, and mortuaries 0 1 space for each 3 seats or 1 space for every 35 sq. ft. of gross assembly area, classrooms, meeting rooms, etc." H Child day care centers children, plus one space for each employee, plus one 0 1 space for each 10 space for each vehicle used in conjunction with the use, plus one permanent drop-off area as approved by the director. ■ Office, administrative, corporate 0 1 space for each 400 sq. ft. of gross floor area. Based on the proposed site plan and its use of the building, the number of off-street parking spaces required is shown in Table 2. Parking Study for Northminister Presbyterian Church in the City of Diamond Bar Table 2 -Parkin S aces required based on Ci 's Code Land Use Characteristic Parking Parking Requirements Spaces Required Existing Sanctuary 270 seats 1 per 3 seats 90 (bench seating 18"/ erson 97 seats 1 per 3 seats 33 Proposed Fellowship Hall foldable Existin Admin. Office 1,100 s . ft. 1 er 400 s . ft. 3 32 Children+2 1 per 10 children + 1 11 Existing Daycare center teachers+6 per employee +1 per arents vehicle in conjunction Existin classrooms 56 seats 1 per 3 seats 19 156 TOTAL The project site would require a total of 156 off-street parking spaces. This is more than the 105 parking spaces that exist. This results in a shortfall of 51 on-site parking spaces. Assessment of Parking Needs using Shared Parking As presented, 156 parking spaces are required, based on City's code. This requirement would be justifiable if the classrooms, offices, sanctuary, and fellowship hall are all in -use simultaneously, and they all experience peak parking demand at the same time. But that is not the case. For example, the fellowship hall will be used for after Church activities like pot -luck, social gatherings, but never in conjunction when the Church service is in session. Therefore, there are opportunities for sharing of parking facilities among these uses, and a possibility of shared parking due to staggered peak hours of usage of each facility. Hence, it is necessary to evaluate the parking needs based on actual usage. Existing Classrooms and Daycare Center Three classrooms are used mainly for pre-school on Mon., Wed, and Fri. from 9:15am to 2:30pm and on Tues. and Thurs. from 9:15am to 12:15pm. Per the City Municipal Code, 11 parking spaces are needed. The remaining four classrooms are utilized twice a week, in the afternoons, for religious teaching for youths and young adults. Since most of these students are all under the age of driving, and will most likely be dropped off and picked up by their parents, parking will only be needed for stafVfaculty members. In addition, there is a small class session for children that is held during second Church service. Again, students are under the driving age. According to the City Municipal Code, 19 parking spaces are required for the existing four classrooms. Monday through Friday a total of 30 parking spaces will be required for the classes and zero for the Sunday School class. Therefore, the number of spaces provided will handle the parking demand for the classrooms and Daycare Center. Parking Study for Northminister Presbyterian Church in the City of Diamond Bar Proposed Fellowship Hall With the addition of the new Fellowship Hall, holding a capacity of 97 seats, found in Table 2, 33 parking spaces are required per the City's code. Parking for the proposed Fellowship Hall will be a minor factor in tabulating the amount of spaces needed because the hall is mainly used for barbecues, wedding receptions and after Church activities on occasional Sundays (not during Church services). Therefore, the Fellowship Hall, when alone, will demand 33 parking spaces. Offices Parking needs for the offices are mainly confined to 8:30am to 4:OOpm from Monday to Thursday, because there are no administration activities between Friday and Sunday. Therefore, the number of parking spaces required (3) on-site will be enough to handle the parking needs for the offices, in conjunction with the classroom sessions. Additionally, since the offices will be closed evenings, no parking spaces for the offices will be required during late afternoon and evenings. Sanctuary Contrary to the other usage (classrooms, fellowship hall and offices), where no parking spaces are needed on Sunday, the sanctuary will have the highest demand for parking spaces during the two services on Sunday mornings at 8:15am and at 10:30am. Based on the code requirements of 1 parking space for every 3 seats, the number of parking spaces required for the 270 seat Sanctuary is 90. With a supply of existing 105 parking spaces for the proposed project, there will be an extra 15 parking spaces available. This meets the City's code requirement. Parking Demand Analysis based on Survey of Existing Site To further evaluate the parking demand for the proposed facility, based on the characteristic of the Church, actual parking demand survey was conducted on Sunday March 12, 2006 at the Northminister Presbyterian Church. The purpose of this survey is to form a reality check of the actual parking demand on a typical Sunday, which is the highest demand for parking, as compared to the parking demand based on the City's code. The survey was conducted from 9:00 a.m. to 12 p.m. Parked vehicles were tallied at 15 minute intervals, on-site and off-site. The results of the survey are provided in Table 3 below. PAGE 5 Parking Study for Northminister Presbyterian Church in the City of Diamond Bar As shown in the above table, the highest demand of parking spaces, both on-site and off-site, was 96. This occurred between 11:00 a.m. and 11:45 a.m. This is very comparable to the 90 parking stalls required, based on the City's Municipal code. Conclusion Findings by ADVANTEC Consulting Engineers, Inc provide information that the on-site parking spaces would satisfy the parking demand for Church services on typical Sundays for the existing sanctuary. However, combining the additional improvement of the fellowship hall, existing classrooms and offices, the parking demand will not satisfy the City's requirement. As mentioned earlier in this report, there will not be a proposed increase in the Church's attendance, in addition, the Church services and fellowship gatherings will not operate with each other at the same time. By applying the concept of shared parking, the proposed development would not require any additional parking spaces making it feasible to control the parking demand by advanced scheduling. A r - s n n. 6 E ( 4�yxv 41 ; m"4p �pl'S�'s i w lq Jr r,. 0«..-�- Y z; �v - s Y _ J z f ' V c nR «q A PLANNING COMMISSION RESOLUTION NO. 2006-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2005-06 DEVELOPMENT REVIEW NO. 2005-33, AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT AN ADDITION OF APPROXIMATELY 2,700 SQUARE FEET TO AN EXISTING CHURCH FACILITY. THE PROJECT SITE IS LOCATED AT 400 RANCHERIA ROAD (TRACT 24612, LOT 51), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Northminster Presbyterian Church of Diamond Bar and applicant, WLC Architects, have filed an application for Conditional Use Permit No. 2005-06, Development Review No. 2005-33 and categorical exemption for a property located at 400 Rancheria Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and categorical exemption shall be referred to as the "Application." 2. On April 24, 2006, public hearing notices were mailed to approximately 178 property owners within a 500 -foot radius of the project site. On April 25, 2006, the project site was posted with a display board and the public notice was posted in three public places. On April 27, 2006, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On May 9, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categoocally exempt in accordance to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar_ Planning Commission Resolution No. 2006-17 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 400 Rancheria Road (Lot 51, Tract No. 24612), on the northwest corner of Golden Springs Drive and Rancheria Road. It is approximately 4.95 acres (215,622 square feet) and developed with a 12,091 square foot church facility. The church facility was processed by Los Angeles County and construction began in the late 1960's. The sanctuary, the last building constructed, was constructed in 1980. The church facility consists of a sanctuary, office building, two classroom buildings, and fellowship hall. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Multi -Family Residence -Minimum Lot Size 8,000 square feet (R-3-8,000) Zone. (d) Generally, the R-1-8,000, single-family residence zone, and the C-1, neighborhood commercial zone surrounding the project site. (e) The Application request is to approve an addition approximately 2,700 square feet for a new fellowship hall and two restrooms. It also includes dividing the existing fellowship hall into two rooms for adult education and choir, and converting the stage area in the existing fellowship hall into a storage room. 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.) 2 On July 25, 1995, the City adopted its General Plan. The church facility was approved by Los Angeles County in the late 1960's prior to the adoption of the General Plan. Built in phases, construction began in the late 1960's with the sanctuary being the last phase and built in 1980. The church facility consists of a sanctuary, office building, two classroom buildings, and fellowship hall. The County's approval allowed a church facility with night activities and a child day care nursery. The County's approval required that a minimum 100 parking spaces be provided. Although the church facility was built prior to the adoption of the General Plan, the use, density, lot size, adequate parking and access is consistent with the objectives and strategies of the City's General Plan. The project site is within the R-1-8,000 zoning district. Pursuant to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report. The existing architectural style is contemporary. The proposed 2,700 square foot addition will continue the existing architectural style. The proposed colors and materials are off-white stucco, medium blue fascia and canopy to match existing structures on the site and gray/brown concrete roof tile to match the sanctuary's roof. As such, the proposed project is consistent with the City's Design Guidelines. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. With the approval and construction of the proposed project, the current use of the project site will be maintained. The existing on-site circulation for traffic and pedestrian will not change. As referenced above in finding (0, the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will be compatible with the neighborhood. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. As referenced in Finding (t) and (g) above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is no specific plan for the project 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 (t), (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety with a low level of maintenance due to the type of materials used for construction.. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) 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 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Conditional Use Permit (1) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; 4 Pl—n inn r'nmmigsion Resolution No. 2006-17 According to permits on fle from Los Angeles County, the church facility was approved by Los Angeles County in late 1960's and built in phases with the sanctuary being the last phase and built in 1980. The County's approval allowed a church facility with night activities and a child day care nursery. The County's approval required that a minimum 100 parking spaces be provided. Currently, the proposed use is allowed in the R-3-8, 000 zoning district where the RL development standards apply with the approval of the Conditional Use. Permit. The church facility also complies with the conditions of approval of the original Conditional Use Permit. The purpose of the current Conditional Use Permit application is to modify the existing approval to allow the 2,700 square foot addition. The proposed 2,700 square foot addition meets all the applicable development standards of the RL zoning district. The addition does not change the uses within the church facility or intensify the use significantly. (m) The proposed project is consistent with the General Plan and applicable specific plan; As stated in Finding (1) above, the proposed addition is consistent with the City's General Plan and there is no applicable specific plan. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The operational characteristics and activities of the church facility includes a dailypre-school program, business office hours, afternoon youth program and evening adult bible studies. Additionally, the church hosts community activities during the week such as boy/girl scouts and Red Cross/Blood Drive by appointment only. The Advantec Consulting Engineers conducted a survey on Sunday, March 12, 2006. The survey indicated that the highest demand for parking spaces occurred between 11:00 a.m. and 11:45 a.m. and 96 spaces where needed. The church facility provides 105 parking spaces. By applying the concept of shared parking and staggering the hours for each activity, the proposed addition will not require any additional parking spaces. Furthermore, the City is not aware of any complaints from the surrounding neighbors related to overflow parking on to the residential streets. Therefore, stated in this Finding and in Findings (t), (g, (h), (i) and (1) above, the design, location, size and operating characteristics of the proposed addition are compatible with the existing and future land uses in the vicinity. (o) 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; As stated in Findings (t), (g, (h), (i), (1) and (n) above, the project site is physically suitable for the type and densityfintensity of proposed addition including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (p) Granting the 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 Fire Department approval, structural plan check, City permits and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (q) 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) Guidelines, Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: A. Planning Division 1. Prior to final inspection, the applicant shall submit a final landscape/irrigation plan delineating the replacement of landscaping and irrigation destroyed during construction. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Prior to plan check submittal, the applicant shall submit a detail drawing showing the transition from the concrete tile roof of the addition to the adjacent existing asphalt roof for Planning Division review and approval. 6 n6 7 . r mmiccinn Roenlnfinn No. 2006-17 3. The applicant shall use advanced scheduling and the staggering of church activities to avoid the overlapping of said activities in order to control the parking demand. 4. All church activities and events shall occur within the boundaries of the project site. All church activities and events shall not overflow into the adjacent residential neighborhood. 5. 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 Development 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. 6. 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. B. Public Works Department Prior to plan check submittal, the applicant shall submit a complete drainage plan that accurately reflects the drainage course/pattern of the entire site including the parking lot for Public Work/Engineering Department review and approval. The drainage plan shall show all storm drains, drainage devices (i.e., concrete swales, v -ditches, etc.,) and catch basins. 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: Northminster Presbyterian Church of Diamond Bar, 400 Rancheria Road, Diamond Bar, CA 91765, and Mr. LarryWolff, WLC Architects, 10407 Foothill Boulevard, Rancho Cucamonga, CA 91730 7 APPROVED AND ADOPTED THIS 9Th OF MAY 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: /0' cManus, Chairman at the foregoing I, NynFnong, Acting Planning Commission and adopted by the Planning Cohmmission of the Res was duly introduced, passe P City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of May 2006, by the following vote: AYES: Commissioners NOES: Commissioners ABSTAIN: Commissioners ABSENT: ATTEST: Commissioners Nancy Foto, Lee, Everett, Torng, VC/Nelson, Chair/McManus None None None tary B Planning Commission Resolution No. 2006-17 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Develo ment Review No. 2005-33 and Conditional Use Permit No. 2005-06 SUBJECT: Remodel/2 700 SQ Ft Addition to Existing Church Facility PROPERTY OWNER: Northminster Presbyterian Church of Diamond Bar APPLICANT: Larry VVolff/WLC Architects LOCATION: 400 Rancheria Road ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-08 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. U9 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2005-33 and Conditional Use Permit No. 2005-06, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2006-17, Standard Conditions, and all environmental mitigations shall be included on the plans ion only to (full size). The sheetaging s) are for activities and are not required tolparties involved in the be wetsealed/stamped construction/grading a by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. g. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. g. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. 10 Planning Commission Resolution No. 2006-17 B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits The approval of Development Review No. 2005-33 and Conditional Use Permit No. 2005-06 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1. _The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" dated May 9, 2006, including: site plan, floor plan, roof plan, architectural elevations, exterior materials and colors, and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3 To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 4. All roof mounted equipment shall be screened from public view. 1I E. 5. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. Solid Waste 1. The site shall be maintained in condition, implemch is free entation onfof thris both e entitlement and after the construction, addition, o approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services is or uses affecprovided by the City ted by approval of th s franchised waste hauler to all parcels project. 3. Trash receptacles are required and e� of trash receptaclemeet City s shall be subject to ndards. The final design, locations, and the numb Planning Division review and approval prior to the issuance of building permits. 4. Central trash enclosures shall be equipped with recycling receptacles APPLICANT SHALL CONTACT THE PUBLICWORKS CONDITIONS: DEPARTMENT, (909) 839-70403 FOR COMPLIANCE WITH THE FOLLOWIN A. Ge_ neral . An Erosion Control Plan shall be s me'asures.tted ncurrentThese (measures y with the shaldlibe plan clearly detailing erosion control implemented during construction between October 1st and April 15th. The erosion control plan shall conform and national norpo�alteant the lscharge appropriateation Best System (NPDES) stands Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3, Grading and construction activities and transportation t shall be to ent and materials and operation of heavy grading between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. 12 Planninq Commission Resolution No. 2006-17 Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. C. Drainage Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainagelrunoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval mav be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exteriorwall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 114 inch or more than 1/2 inch in any dimension exceptwhere such openings are equipped with sash or door. 4. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 5. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. g. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 7. This project shall comply with all Accessibility Code requirements including accessible parking,compliance with van accesr estrooms, drinking fountains, etc. Provide compl accessible path of travel, etc. g. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. g. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. Io. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal. 11. The project shall be protected nt a construction bags, fence and shall comply with the NPDES & BMP req 12. Specify location of tempered glass as required by code. 13. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water pong material. 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I I I I AM I I l � i J I I s ' DOORHEIGHT noon HEIo11T N N DOOR HEIGHT J 8 N \ 8 Him" R� t/i iew —DOOF OSENIW � fa H nm iw ni^Ca � Prlfri� AW N rteuionEw roof Eorf cEn Hoof rElulS. � t_ _ — — — _ — _ — _ — _ — _ — _ — — — — — _ —------ ------------------—----- ---------- -4 — — — _ _ I I I I � I� I I I I I I I I I Em $ a roof wort uxE E I I I I— — _ —`_ — _ — — ---- — --- -- � I — _ _ _ _ - I I I - -- -Fr------ ��-I-----�- y _ \J G --8 O m fY2 o$$A pOa X48 I Rl Pi f 171�L4- CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 8.4 MEETING DATE: February 12, 2008 CASE/FILE NUMBER: Conditional Use Permit No. 2007-16 Development Review No. 2007-37 PROJECT LOCATION: Pantera Park 738 Pantera Drive Diamond Bar, CA 91765 APPLICATION REQUEST: To co -locate and operate a telecommunication facility consisting of a light pole -mounted antenna and an equipment building. PROPERTY OWNERS: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 APPLICANT: Omnipoint Communications Inc. 3257 E. Guasti Road, Suite 200 Ontario, CA 91761 STAFF RECOMMENDATION: Conditionally Approve BACKGROUND: On November 6, 2007, the City Council approved a lease agreement for T -Mobile to co - locate a wireless facility with the approval of a Conditional Use Permit (CUP). On November 27, 2007, Planning Commission approved CUP 2007-02 and Development Review 2007-02 for Royal Street Communications, LLC to install and operate a telecommunication facility consisting of a light pole -mounted antenna with an equipment building. The applicant, T -Mobile proposes to co -locate, operate and maintain an unmanned wireless telecommunications facility with an equipment building at Pantera Park, mimicking Royal Street Communication's approved project. ANALYSIS: A. Review Authority (Sectio122.48, 22 54, and 22.58) The proposed project involves two applications as follows: 1, Development Review (DR) to review the projects design and ensure compliance with the city's design guidelines and standards to minimize adverse effects on the surrounding properties and environment; 2. A Conditional Use Permit approval is required for a telecommunication facility with multiple antennas and co -location on the same site. The proposed project meets this criterion; hence, a Conditional Use Permit is required. A Variance application was originally submitted as part of the proposed project due to the height the light determ determined that a Variance request is not necessary sed to be installed. However,, it was neccess ry because height limits do not apply to field lighting. B. Site and Surrounding General Plan, Zonina and Uses General Plan Site Park North Low Density Residential South School East Plannin Area 2 West Low Density Residential (RL) & School Existing Zoning District RPD -20,00 R-110,000 RPD -20,000 & R-1 8,000 RPD -10,000 RPD -20,000 Development Code Standards RL RL RL & RLM RL RL Existing Land Uses Pantera Park Single Family Residential Pantera Elementary School Open space Single Family Residential & Pantera Elementary School Page 2 Conditional Use Permit No. 2007-16 Development Review No. 2007-37 C. Development Review (Section 22.48) The City's development standards for wireless telecommunication antenna facilities were adopted in 1999 to ensure the design and location of telecommunication equipment are consistent with the General Plan, other Municipal Code Sections, and that the use's aesthetic appearance be unobtrusive and unsightly to protect property values. 1. Development Standards Development Feature DBMC-Standards Proposed Meets 22.42.130 Requirement Setbacks: Antenna: 197'-6" Yes Distance equal to height of antenna plus 20% from nearest residential lot line; Equipment Building: 92'-7" Yes 20' to ROW line. Height: Not stated for antennas Antenna at 64' of a Yes mounted below top of 94' tall sports field existing sports field light lighting. Equipment Building: 10'-6" Yes 13 feet Screening: Screen or camouflage Antenna integrated Yes to mitigate visual into sports field impacts. lighting and equip- ment building Architectural Integration: Integrate with design Equipment building: Yes and color Split -faced CMU and mission tile roofing to match existing structures in Park Underground Utilities: All utilities and All cables to be Yes connection cables must underground be places underground Lighting: Artificial lighting shall None Proposed Yes be limited to mandatory Qnfah, and security Co -location Applicant and Property Applicant is co- CUP owner must consent to locating on site DR future co-location(s) Landscape: Landscaping may be Landscape around Yes required for screening equipment building purposes to minimize structure Page 3 Conditional Use Permit No. 2007-16 Development Review No. 2007-37 3. Architectural Features The proposed co -location wireless telecommunications facility, or "cell site," consists of the following components: . Construction of an unmanned, 240 square -foot, 10'-6" foot tall equipment building to match existing park structures; and • Co -locate antenna array tall ell Sfield eight pole already approved for the aforementioned Royal Street 4. Landscape A final landscape plan must be submitted and approved by the Community Development Department and Community Services Department prior to the issuance of any city permits. 5.Facility Operational Characteristics The proposed telecommunication facility is unmanned and operates 24 hours a day, seven days a week, with routine monthly maintenance. A portable generator hook-up is being installed in case of a power outage. If a power outage occurs, a generator will be brought on site and used until the power outage is resolved. The noise level of this generator is a condition of approval. 6. FCC Guidelines FCC documentation is required for this project and projects are generally s a condition of approval. These types of telecommunication categorically exempt from the California Environmental Quality Act because the FCC licensing process already incorporated an environmental finding for all telecommunications facilities to be developed under the wireless provider's FCC license. The Federal Telecommunications Act of 1996 forbids local governments from denying or regulating wireless telecommunications facilities on the basis of health concerns. The Federal Communications Commission (FCC) licenses and regulates wireless communications facilities, and establishes safety thresholds for radio frequency (RF) Because wireless telecommunications facilities are health by then land local agencies are preempted considering perceived use decisions for such facilities. Page 4 Conditional Use Permit No. 2007-16 Development Review No. 2007-37 D. Conditional Use Permit (Section 22.42) A Conditional Use Permit approval is required for a wireless telecommunication facility with multiple antennas. The proposed project meets this criterion; hence, a Conditional Use Permit is required. E. Additional Review The Public Works Department, Community Services Department, and the Building and Safety Division reviewed this project. Their comments are included in the resolutions as conditions of approval. F. General Plan, Design Guidelines and Compatibility with Neighborhood Pantera Park is identified on the City's telecommunications facilities opportunities map as an acceptable location for a cell site. The proposed cell site is appropriately designed to fit the context of the park in which it is proposed to be located. The proposed antenna array will have a minimal visual impact in that it will be located on a sports field light pole below the light mast. The proposed equipment building will blend architecturally with the other buildings within the park by utilizing the same exterior color and material palette; further, because of its modest size and placement at the periphery of a ball field, adjacent to a tall hedge, it will not be visually or physically intrusive. As a result, staff finds the proposed projects are compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at thesite, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15303 (d). Page 5 Conditional Use Permit No. 2007-16 Development Review No. 2D07-37 RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-16, Development Review No. 2007-37, ani Variance as listed 2w 7-08, Findinattached of Fact, conditions of approval and Standard resolution. Prepared by: Reviewed by: r - —A Da d A var Greg ubma , ICP Planning Technici Planning Manager Attachments: 1. Draft Resolution of Approval with required findings 2. Aerial 3. Exhibit "A" – Project Plans Page 6 Conditional Use Permit No. 2007-16 Development Review No. 2007-37 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-16, DEVELOPMENT REVIEW NO. 2007-37, AND VARIANCE NO. 2007-08, A REQUEST TO CO -LOCATE A WIRELESS TELECOMMUNICATIONS FACILITY AT PANTERA PARK, 738 PANTERA DRIVE (APN: 8701-006-901), DIAMOND BAR, CA A. RECITALS The property owner, City of Diamond Bar and applicant, T -Mobile have filed an application for Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08 and categorical exemption for a telecommunication facility to be located at Pantera Park, 738 Pantera Drive, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and categorical exemption shall be referred to as the "Application." 2 Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Vallev Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site and public notices were posted at the City's designated community posting sites. Furthermore, the project site was posted with a display board. 3. On February 12, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Section 15303 (d) of the CEQA Guidelines. ds and 3. The Planning Commission hereby c nlcluding the determinesd gs set forth having considered the recordas a whole below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evvidencerseeff this Planning Commission hereby rebutspresumption14of California Code of ct contained in Section 753.5 (d) of Title Regulations. 4. Based on the findings and follows: set forth herein, this Planning Commission hereby finds as a. CONDITIONAL USE PERMIT (1) 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); Wireless telecommunication facilities are allowed in the RPD - 20,000 zoning district in public parks with an app of a Conditional Use Permit for a co -location wireless telecommunication facility. The proposed project meets this criterion; hence, a Conditional Use Permit app Additionally, the proposed project complies with other applicable provisions of the Development Code and Municipal Code. (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; The proposed project consist of the installation of a wireless telecommunication facility consistent with the surround neighborhood in that the materials and colors used and design of the equipment buildings are consistent with homes in the neighborhood and the existing structures in Pantera Park. The antennas will be mounted on a functioning field lig st pole to o eliminate the need for a dedicated antenna supe As a result, staff finds the proposed project is compatible with the surrounding neighborhood, consistent with the General 2 Planning commission Resolution No. 2008 -XX Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. (3) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The proposed wireless telecommunication facility's location is consistent with the City' Telecommunication Facility Opportunities Map, which identifies public parks as a location for this type of use. The antenna is designed to be integrated into a functioning field lighting pole. The ground equipment will be housed in a structure and the building's colors and materials will compliment the existing structures in Pantera Park. On November 27, 2007, Planning Commission approved Conditional Use Permit No. 2007-02 and Development Review No. 2007-02 to install and operate a wireless telecommunication facility. The proposed facility is unmanned and operates 24 hours a day, seven days a week, with monthly routine maintenance. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. (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 and will retain a reasonably adequate level of maintenance; As referenced above in items A(1) through A(3), the project site is physically suitable for the type and densitylintensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (5) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; 3 Planning Commission Resolution No. 2008 -XX 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 Parks and Recreation 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. b. DEVELOPMENT REVIEW (�) 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); As discussed above in items a.(1) and a.(4), the design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) (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; As discussed above in items a. (1) through a(4), the design and layout of the proposed development will not interfere with the use and enjoyment nd will not crew eh oring existing or future evelopment, a traffic or pedestrian hazards (3) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and ter 22.48.20. attractive development contemplated by P Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; As discussed above in items a.(1) through a.(4), the architectural design of the proposed development is compatible with the characteristics of the surrounding 4 Planning Commission Resolution No. 2008 -XX neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, 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 and will retain a reasonably adequate level of maintenance; As discussed above in Items a. (1) through a. (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 public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; As discussed above in Items a. (1) through a. (4) and prior to the issuance of any City pennits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Community Services 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. Additionally and because of the factors discussed above in Items (t) through (i) the proposed project will not have a negative affect on property values or in the vicinity. C. WIRELESS FACILITIES (1) Environmental integration. The extent to which the proposed facility blends into the surrounding environment and is architecturally integrated into a concealing structure, taking into consideration alternative sites that are available. The proposed project integrates the antennas onto a functioning field light so as to blend in well with the existing sports field lighting in the park. The proposed design for the park site is the least intrusive on the community values as 5 Planning Commission Resolution No. 2008 -XX prescribed by the General Plan and Diamond Bar Development Code. (2) Screening. The extent existing lch the proposed facility is or proposed topography, screened or camouflagedY vegetation, buildings or other structures. Camouflaging is provided by integrating the antennas into a sports field lighting pole support and through constructing an equipment enclosure that is designed to match the existing structures in the park. (3) Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed telecommunication facility components (i.e., the equipment building and �lfhe►'ounted antenna r context and settingarray) are appropriate in size and scale o facility to (4) Residential proximity and t m heproxity of the boundaries ofdres dentia) residential structure districts. The proposed telecommunication facility is approximately 200 feet from the nearest residences. (5) Access. Proposed ingress to and egress from the site of the proposed facility. The proposed project will have access from the park. (6) Location. The location of the proposed facility and the extent to which it conforms to the following i drder of location, attached to erences — co -location or located at a pre -app existing structure such as building, communication tower, church steeple or utility pole or tower, and located in industrial, business park or commercial zoning districts. The telecommunications antennas are proposed to be attached to sports field lighting already existing in the park. The light pole will be aprle to o iders. odate co -location by future wireless telecommunications 5. Based upon the findings and conclusion orth above, the subject to the folllowing anning Commission hereby approves thisApplication conditions: 6 Planning Commission Resolution No. 2008 -XX a. General (1) The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled and referenced herein as Exhibit "A" dated February 12, 2008, as submitted to, amended herein, and approved by the Planning Commission. (2) Applicant shall comply with all Federal, State and City regulations. (3) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development ReviewNariance shall be subject to period review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (4) When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. (5) Applicant shall comply with all lease terms executed. b. Planning Division (1) Applicant shall ensure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the antenna array. (3) No additional lighting shall be installed on the wireless antennas or associated equipment. (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 24 hours. In the event that the applicant does not remove all graffiti from the said structure, the city will remove all graffiti and shall be reimbursed for all expenses. (5) The applicant shall submit a check in the amount of $50 payable to the Los Angeles County Recorder's Office, within five days of project approval, for the filing a Notice of Exemption. 7 Planning Commission Resolution No. 2008 -XX (6) The applicant must consent to the future co -location of facilities on the light pole and in the equipment building unless technical considerations preclude that co -location. (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the telecommunications facility within 90 -days of notification by the City. (8) The applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months (9) Prior to the issuance of any City Permits, a final landscape plan shall be submitted for City's review and approval. (10) To ensure minimal visibility and reduce the chances of graffiti of the equipment building, 5 gallon size shrubs at 3 feet on center is subject to Community Development Department and Community Services Department review and approval. (11) All cables and wiring for the telecommunication facility shall be underground. (12) All material and colors used for the equipment building shall match the existing structures located in Pantera Park. C. Building and Safety Division (1) Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Omnipoint Communications Inc, 3257 E. Guasti Road, Suite 200, Ontario, CA 91761 8 Planning Commission Resolution No. 2008 -XX APPROVED AND ADOPTED THIS 12th DAY OF FEBRUARY 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. LIM Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of February 2008, by the following vote: UY001 Commissioners: Nancy Fong, Secretary /w\ lP vi.�.�io1n��r ISICOMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No 2007-16, Development Review No. 2007-37 and Variance No. 2007-08 SUBJECT: Wireless Telecommunications Facility APPLICANT: Onmipoint Communications Inc. LOCATION: Pantera Park 738 Pantera Drive Road Diamond Bar CA 91_ ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08 broughtwithin the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 10 Planning commission Resolution No. 2008 -XX (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2008 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape, irrigation, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11 Planning Commission Resolution No. 2008 -XX 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEESIDEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid priorto the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property owner/occupant. 12 Planning Commission Resolution No. 2008 -XX F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1St and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and/or construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of- way. 2. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 13 Planning Commission Resolution No. 2008 -XX 3. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 4. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 5. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antennas/monoelm and equipment building shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. All retaining walls shall be submitted to the Building & Safety Division and Public Work Department for review and approval. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 14 planning Commission Resolution No. 2008 -XX 5. The project shall be protected by a construction fence to the satisfaction of the Building Official. 6. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 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No. FROM: (PLEASE PRINT) PHONE ( .') -' TO: (PLEASE PRINT) r1 PHONE r L. ,v e J I L r CITY OF DIAMOND BAR .NOTICK OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On February 12, 2008, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On February 7, 2008, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on February 7, 2008, at Diamond Bar, California. Stella Marquez Community D&elopment Department g:\\aff idavitposting.doc