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HomeMy WebLinkAbout03/25/2008PLANNING FILE COPY COMMISSION AGENDA March 25, 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 /I of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday 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: infoQ-ci diamond-bar.ca.us CITY OF' DIAMOND BAR PLANNING COMMISSION Tuesday, March 25, 2008 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2008-09 PLEDGE: OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Tony Torng, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. 3 IH 1.1 D 7. 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 SI►eaker'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 APPROVAL OF AGENDA: Chairman 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: March 11, 2008. OLD BUSINESS: None. NEW BUSINESS: None. CONTINUED PUBLIC HEARING(S): 7.1 Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 — In accordance with Development Code Sections 22.48 and 22.56, the applicant is requesting to construct a 4,026 livable square foot addition to an existing 4,035 square -foot Single Family Residence on an existing 85,983 Lot, R1-40,000 zoned parcel 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. Project Address: 22909 Lazy Trail (Tract 30091, Lot 153; APN 8713-029-009) MARCH 25, 2008 PAGE 2 PLANNING COMMISSION AGENDA Property Owner: Ankur Shah 22909 Lazy Trail Diamond Bar, CA 91765 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), Section 15301(e) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission continue the matter to a future meeting date, to be determined. 8. PUBLIC HEARING(S): 8.1 Development Review No. 2008-41/Minor Conditional Use Permit No. 2008-19- Under the authority of Development Code Sections 22.48, and 22.68, the applicant is requesting approval for a one-story addition of approximately 905 square feet to an existing one-story residence of approximately 1,300 square feet with a two -car garage. The Minor Conditional Use Permit is required to maintain the existing nonconforming side yard setbacks. Project Address: 2830 Castle Rock Rd. (Tract 25985, Lot 41; APN: 8285-016-003) Property Owner/ Mr. Richard Kwon Applicant: 2830 Castle Rock Road Diamond Bar, CA 91765 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)(2) of the CEQA Guidelines (additions to existing structures of less than 10,000 square -feet in urbanized areas that are not environmentally sensitive). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2008-41, Minor Conditional Use Permit No. 2008-19, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. MARCH 25, 2008 a 10. PAGE 3 PLANNING COMMISSION AGENDA 8.2 Conditional Use Permit No. 2008-03 - Under the authority of Diamond Bar Municipal Code Section 22.08.030, YMCA has submitted a request for a Conditional Use Permit to continue using Diamond Bar Hills Club as a recreational facility. Project Address: 1673 Maple Hill Road (Tract 23840, Lot 148; APN 8293-018-008) Property Owner: Diamond Bar Hills Club 1673 Maple Hill Road Diamond Bar, CA 91765 Applicant: YMCA of Pomona Valley 350 N. Garey Pomona, CA 91767 Environmental Determination: The City has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the CEQA Guidelines (continued operation of existing facilities involving negligible or no expansion of use). Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 10.1 Development Review No 2007-11 Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 — Minor changes to Panda Express Building within Target center. 10.2 Public Hearing dates for future projects 11. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: Thursday, March 27, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive MARCH 25, 2008 CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 12. ADJOURNMENT: PAGE 4 PLANNING COMMISSION AGENDA Tuesday, April 1, 2008 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, April 8, 2008 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, April 10, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive M DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 11, 2008 CALL. TO ORDER: Chairman Nelson called the meeting to order at 7:04 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 9'1765. PLEDGE OF ALLEGIANCE: Vice Chairman Torng led the Pledge of Allegiance. 1. ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED PLANNING COMMISSIONERS — Administered by Tommye Cribbins, City Clerk. 2. ROLL CALL: Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah, Vice Chairman Tony Torng and Chairman Steve Nelson. Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; and Stella Marquez, Senior Administrative Assistant. 3. REORGANIZATION OF THE PLANNING COMMISSION: Commissioner Nolan nominated Commissioner Nelson to serve as Chairman of the Planning Commission. Commissioner Shah seconded the nomination. Roll Call vote: Nolan Yes Shah Yes Lee No Torng No Nelson Yes By a vote of 3-2, Commissioner Nelson was elected to serve as Chairman of the Planning Commission. C/Lee nominated Commissioner Torng to serve as Vice Chairman of the Planning Commission. C/Nolan seconded the nomination. MARCH 11, 2008 Roll Call vote: Lee Yes Nolan Yes Shah Yes Torng Yes Chair/Nelson Yes PAGE 2 LDRAFT PLANNING COMMISSION By a vote of 5-0, Commissioner Torng was elected to serve as Vice Chairman of the Planning Commission. 4. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 5. APPROVAL OF AGENDA: As presented. 6. CONSENT CALENDAR: 6.1 Minutes of Regular Meeting of February 26, 2008. C/Lee moved, C/Shah seconded to approve the February 26, 2008, Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7. OLD BUSINESS: None. 8. NEW BUSINESS: None 9. PUBLIC HEARINGS: 9.1 Development Review No. 2007-37 — Under the authority of Development Code Section 22.48, the applicant requested approval for a one-story addition of approximately 1,540 square feet to an existing one-story residence of approximately 1,640 square feet plus a two -car garage. PROJECT ADDRESS: 23827 Palomino Drive Diamond Bar, CA 91765 MARCH 11, 2008 PAGE 3 PROPERTY OWNER IDRAFT PLANNING COMMISSION Jesus G. Garay 23828 Palomino Drive Diamond Bar, CA 91765 APPLICANT: Phil Munguia Concept Design 2000 Group 39924 Willow Bend Drive Murrieta, CA 92563 PM/Gubman presented staffs report and recommended Planning Commission of Development Review No. 2007-37, Findings of Fact, subject to conditions of approval listed within the resolution. C/Nolan asked who was responsible for posting the public notice sign in front of the project because it was poorly constructed. PM/Gubman responded that it was the applicant's responsibility for installing or having the sign installed. Staff provides a list of sign companies and the applicant decides whether to employ a service or construct a sign. CDD/Fong said that staff could do a better job monitoring the signs to the City's standards. C/Nolan said she drove by the project site. Chair/Nelson opened the public hearing. Phil Munguia, applicant, said the owners paid to have the sign done. He had not personally seen the sign, apologized for its condition and said he would see to its repair. Mary Wilson, 23817 Palomino Drive, asked why a letter was sent to her asking for her opinion about a house that would be larger than the homes in the area when it was already a done deal because the project had been approved. Chair/Nelson responded that it was not a "done deal." The staff makes its recommendation on an objective basis in accordance with the City's Development Code. Residents' input to the Planning Commission is very important because it is ultimately the responsibility of the Planning Commission to approve or reject the project. Mrs. Wilson said she was concerned about the addition encroaching on her privacy and wondered how many feet the project could project into the front MARCH 11, 2008 PAGE 4 2DRAFT PLANNING COMMISSION yard area. Chair/Nelson responded to the speaker that the zoning requirements call for a 20 foot setback, and the proposal is in compliance with this standard. C/Nolan asked Mrs. Wilson on which side of the project she resided and who was responsible for the damaged fence between the two properties. Mrs. Wilson said that previous residents installed the fence. Mr. Munguia stated that the project proposes to be compatible with other homes in the area. The house has suffered significant termite damage and the owner is trying to improve the home. During the design phase Mr. Munguia proposed a simple design for the front of the house and the Planning Department requested that the project enhance the front roofline. He said he would be glad to explain the proposed project to the neighbor. VC/Torng asked if the project included windows on the neighbor's side of the property as she asked. After some discussion, Mr. Munguia agreed to remove a bedroom window and provide only a 3x5 bathroom window on the adjoining property side. C/Shah said he was pleased to see neighbors working together. VC/Torng moved, C/Shah seconded, to approve Development Review No. 2007-37, Findings of Fact and conditions of approval listed within the resolution, with additional revisions to window locations subject to review and approval by the Planning Director. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Shah, Lee, Nolan Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 10. PLANNING COMMISSIONER COMMENTSIINFORMATIONAL ITEMS: C/Shah said he hoped the Commission would discuss more about the issue of reorganization of the Planning Commission. He said he was pleased with the current situation and feels that Chair/Nelson has an excellent style of running the meeting and that VC/Torng has done an excellent job running the meetings in the Chair's absence. He congratulated Chair/Nelson and VC/Torng and fellow Commissioners on their reappointments. iORAFT MARCH 11, 2008 PAGE 5 PLANNING COMMISSION C/Lee congratulated Chair/Nelson and VC/Torng. He said that the reason behind his nomination of Tony Torng as Chair was that he believes that all humans make mistakes and can learn from those mistakes and that all humans should be encouraged. He believes that all human beings are different while sharing many common things. He strongly believes that Tony Torng has different characteristics and is an independent thinker and would be able to assume the chairmanship. C/Nolan congratulated Chair/Nelson and VC/Torng and said that no disrespectwas intended with her nomination of Chair/Nelson. She felt that because the Planning Commission had a big year coming up and with her experience on the Planning Commission she felt sure that any of the Commissioners could fall into the role of leadership but that continuity would best serve the Commission. VC/Torng congratulated Chair/Nelson and said it was an honor to again serve as Vice Chairman. He said he would continue to learn, said he was proud to work with his colleagues and staff and thanked everyone for their support. Chair/Nelson said that in events of his absence or recusals, he has the highest level of comfort in having VC/Torng at the helm. 11. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 9.2 Status of Diamond Bar Boulevard/Brea Canyon Road (Site D) Specific Plan. CDD/Fong reminded Commissioners that Commission training night would be held on Wednesday, March 19 led by City Attorney Mike Jenkins. Refreshments will be provided at 5:30 following by training commencing at 6:30 p.m. She encouraged all Commissioners to attend. CDD/Fong referred the Commissioners to the status update report for Site D contained within their packets. VC/Torng asked if the plan included 202 units and had this plan been completed. CDD/Fong responded that there is no detailed analysis. Sometimes in order to commence the environmental review process certain estimates must be completed to indicate the maximum number of potential units. For example, 200 units were proposed under the specific plan for the MARCH 11, 2008 D DRAFT PAGE 6 PLANNING COMMISSION Target/Brookfield Homes project. However, Brookfield proposed only 180 units as justification for ratio of land to homes. She felt there would be a similar number of units proposed for Site D that were proposed for the Brookfield site. VC/Torng asked which pad was designated for housing and which pad was designated for commercial. CDD/Fong used the overhead map to explain the proposed layout and responded to VC/Torng that the lower commercial pad would combine the City and County properties with the School District property. CDD/Fong responded to C/Lee that the commercial pad would be about 10 feet above street level grade in some areas. The other two pads would increase to about 20 or 30 feet above street grade. Chair/Nelson felt that landscaping for the slopes would be extremely important. Case in point regarding earlier comments about VC/Torng is that Chair/Nelson would have to recuse himself from this project because his company is involved in the Site D project. CDD/Fong presented a min design workshop, and showed the Commissioners renderings of a typical shopping center and explained the development in the eyes of the developer, tenants and city staff. 12. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 8:04 p.m. Attest: Respectfully Submitted, Nancy Fong, Community Development Director Steve Nelson, Chairman 1.17'1\ fi S I I l i 4� PLANNING COMMISSION 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: March 25, 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 a future meeting date, which shall be determined after the applicant submits revised drawings that address conformance with the City of Diamond Bar's Hillside Management development standards. Notices will be published and mailed to the surrounding property owners when a new hearing date is set. 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: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER/APPLICANT: STAFF RECOMMENDATION: M. March 25, 2008 Development Review No. 2008-41 and Minor Conditional Use Permit No. 2008-19 2830 Castle Rock Road (Lot 41, Tract 25985) (APN: 8285-019-003) Under the authority of the Development Code Section 22.48, 22.56 and 22.68, the applicant is requesting approval for a one-story addition of approximately 905 square feet to an existing one-story residence of approximately 1,300 square feet with a two -car garage. The Minor Conditional Use Permit approval is required to maintain the existing nonconforming side yard setbacks and separation between adjoining residences. Mr. Richard Kwon 2830 Castle Rock Road Diamond Bar, CA 91765 Conditionally approve. DR 2008-41/MCUP 2008-19 Page 1 BACKGROUND: A. Site Description The project site is approximately 7,548 square feet and is rectangular in shape. It is developed with a one-story residence of approximately 1,300 square feet with a two - car garage and swimming pool. B. Site and Surrounding General Plan, Zoning and Use ANALYSIS: A. Applications and Review Authority (Code Sections 22.48, 22.56 and 22.68) The proposed project requires the approval of two applications, Development Review and a Minor Conditional Use Permit. Because the proposed addition is more than 50 percent of the existing habitable area of a single-family residence, approval of a Development Review Application by the Planning Commission is required. A Minor Conditional Use Permit approval by the Planning Commission is required to maintain the non -conforming side yard setbacks and separation between adjoining residences. B. Development Review (Code Section 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living, and attracts the interests of residents and visitors as the result of consistent exemplary design. Development Standards The comparison matrix below shows that the proposed project has met the development standards for the RLM (R-1-7,500) zoning district. DR 2008-41/MCUP 2008-19 Page 2 General Plan Zone Applicable Uses Development Code Standards Low -Medium Single -Family Project Site Density Residential Residential -Min. RLM Residential Max. 5 DU/Acre Lot Size 8,000 (RLM) square feet (R-1-7,500) North RLM R-1-7,500 RLM Residential South RLM R-1-7,500 RLM Residential East General Neighborhood C-2 Diamond Hills Commercial (C) Business (C-2) Plaza and Brea Can on Channel West RLM R-1-7,500 RLM Residential ANALYSIS: A. Applications and Review Authority (Code Sections 22.48, 22.56 and 22.68) The proposed project requires the approval of two applications, Development Review and a Minor Conditional Use Permit. Because the proposed addition is more than 50 percent of the existing habitable area of a single-family residence, approval of a Development Review Application by the Planning Commission is required. A Minor Conditional Use Permit approval by the Planning Commission is required to maintain the non -conforming side yard setbacks and separation between adjoining residences. B. Development Review (Code Section 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living, and attracts the interests of residents and visitors as the result of consistent exemplary design. Development Standards The comparison matrix below shows that the proposed project has met the development standards for the RLM (R-1-7,500) zoning district. DR 2008-41/MCUP 2008-19 Page 2 Development RLM (R-1-8,000) Zoning Proposed Meet Feature District Requirement Requirements Yes (an existing legal Minimum Lot Area 8,000 square feet 7,548 square feet lot of record Residential Density 1 single-family unit 1 single-family unit Yes Front yard setback 20 feet 20 feet Yes Side yard setbacks 5 & 10 feet 6 feet for each side yard Yes (nonconforming) Separation between 15 feet 12 feet for each side Yes (nonconforming) adjacent residences — Rear setback 20 feet 46 feet Yes Building height 35 feet from 17 feet from Yes natural/finished grarip finished rade Lot coverage 40% (maximum) 36% Yes Front yard 50% (minimum) 58% Yes landscaping Parkin Parking Two -car garage Two -car garage Yes (minimum) 2. Architectural Features Colors, Material and Floor Plan The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design, and landscape architecture. Additionally, a primary objective is to promote compatibility with adjacent uses in order to minimize any potential negative impacts. The proposed addition updates the existing architectural style of the residence. The entry orientation is changed and situated behind the proposed study. Wood siding and a louvered vent are added below each of the front gables. Also, stone wainscot accent is added to the front elevation and wraps around to the sides of the residence; staff recommends that the stone accent be extended along to meet the side yard fence and gate returns, so that wainscot reaches logical termination points. A condition has been added to show the extended wainscoting on the final construction drawings. DR 2007-36/MCUP 2008-19 Page 3 Roof material, exterior stucco and wood trim colors will match existing. Mojave Pro -Fit Ledgestone in shades of tan will be used for the wainscoting. Although the existing architectural style is updated and wood siding and stone accent are added, the proposed project is compatible with other homes in the neighborhood. Homes in the neighborhood range in size from 1,300 to 2,237 square feet. The subject residence will remain as a one-story home. With the proposed addition, the residence will change in size from 1,300 to 2,205 square feet which is consistent with other homes in the neighborhood. Furthermore, the project site is large enough to accommodate the proposed addition and meets all the required development standards for the RLM zoning district. The proposed project converts the existing garage to a bedroom with a bathroom. A study, new entry and two -car garage with interior measurements of 20' X 20' that meet the code requirement are added to the residence. No windows are proposed on the side elevations of the additions. 3. Landscaping A final landscape and irrigation plan was not submitted with this project's application. Prior to the issuance of a building permit, the applicant is required to provide a landscape and irrigation plan for the front yard for the City's review and approval. The landscape plan shall show that 50 percent of the front yard will be landscaped. Said landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy. C. Minor Conditional Use Perm it/Nonconforming Setback (Code Sections 22.56 and 22.68) The City recognizes that property owners should be allowed to add or make improvements to to their properties, even with legal nonconformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings of fact in the resolution. The legal nonconformities may be continued to secure safety or when advantages through improved architecture are met. The required side yard setbacks in the RLM zoning district are 5 and 10 feet with a 15 foot separation between residences on adjoining properties. The subject residence is considered nonconforming because the side yard setbacks are a minimum 6 feet and the separation between the residences is 12 feet. The applicant is requesting to maintain the existing setbacks and separation in order to make architectural improvements and add living space to the residence. With the addition, the residence maintains the existing side yard setbacks and separation between residences on adjoining properties. Furthermore, the existing setbacks are consistent throughout the neighborhood. DR 2007-36/MCUP 2008-19 Page 4 D. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Class 1, Section 15301(e) of the CEQA Guidelines. Exemptions under Class 1, Section 15301(e) include additions to existing structures of less than 10,000 square feet in urbanized areas that are not environmentally sensitive. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on March 14, 2008. Public hearing notices were mailed to approximately 88 property owners within a 500 -foot radius of the project site, the public notice was posted in three public places and the project site was posted with a display board by March 13, 2008, RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2008-41 and Minor Conditional Use Permit No. 2008-19, based on the Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: yt(;. 44t4�-Z�, - Mff I_un As ociat Planner Attachments: Reviewed by: __I_/MUV Greg ubman, AICP, Planning Manager 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, roof plan and elevations dated March 25, 2008; 3. Covenant and Agreement to Maintain a Single -Family Residence; and 4. Aerial. DR 2007-36/MCUP 2008-19 Page 5 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2008-41, MINOR CONDITIONAL USE PERMIT NO. 2008-19 AND CATEGORICAL EXEMPTION, FOR A REQUEST TO CONSTRUCT A FIRST STORY ADDITION OF APPROXIMATELY 905 SQUARE FEET TO AN EXISTING ONE-STORY SINGLE- FAMILY RESIDENCE WITH A TWO -CAR GARAGE LOCATED AT 2830 CASTLE ROCK ROAD - APN: 8285-019-015 A. RECITALS. 1. The property ownerlapplicant, Mr. Richard Kwon, has filed an application for Development Review No. 2008-41, Minor Conditional Use Permit No. 2008-19 and categorical exemption for a property located at 2830 Castle Rock Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 88 property owners within a 500 -foot radius of the project site, the public notice was posted in three public places and the project site was posted with a display board. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On March 25, 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 from the provisions of the California Environmental Quality Act (CEQA), under Class 1, Section 15301(e) of theCEQA Guidelines promulgated thereunder. Exemptions under Class 1, Section 15301(e) include additions to existing structures of less than 10,000 square feet in urbanized areas that are not environmentally sensitive. 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, 9995, the City adopted its General Plan. The project site was established and homes were built prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RLM Maximum 5 DU/AC. This General Plan designation allow for lot varying in size from 6,000 to 8, 000 square feet for the development of a single-family residence. The project site is an existing legal lot of record which is 7,548 square feet and developed with a single-family residence. Therefore, the project site is in compliance with the adopted General Plan. The project site is in the R-1-7,500- Minimum Lot Size 7,500 Square Feet zoning district. As prescribed in the Development Code, the development standards of the RLM 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 except for the nonconforming side yard setbacks and separation distance between residences on adjoining lots which require approval of a Minor Conditional Use Permit. (See Minor Conditional Use Permit and Nonconforming findings discussed below.) The proposed addition updates the existing architectural style of the residence. The entry orientation is changed and setback behind the proposed study. Wood siding and a louvered vent are added below each of the front gables. A condition has been added to this Resolution requiring the stone accent to be extended along the sides of the residence to meet the side yard fence and gate returns in order for the wainscot to reach a logical termination point. Roof material, exterior stucco and wood trim colors will match existing. Mojave Pro -Fit Ledgestone in shades of tan will be used for the wainscoting. Although the existing architectural style is updated and wood siding and stone accent are added, the proposed project is compatible with 2 Development Review No. 2008 -XX other homes in the neighborhood. Homes in the neighborhood range in size from 1,300 to 2,237 square feet. The subject residence will remain as a one-story home. However with the proposed addition, it will change in size from 1,300 to 2,205 square feet which is consistent with other homes in the neighborhood. Furthermore, the project site is large enough to accommodate the proposed addition and meets all the required development standards for the RLM zoning district. (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. With the approval and construction of the proposed project, the current use of the project site as a single-family residence will be maintained. As discussed in Development Review Finding (1) above, the proposed project can be accommodated at the project site. Additionally, the architectural style, colors and materials are compatible with other homes in the neighborhood_ As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (3) 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 discussed in Finding (1) above, the proposed project is consistent with the General Plan, development standards of the RLM zoning district and the City's Design Guidelines. As a result, the proposed addition is compatible with the characteristics of the neighborhood and will maintain a harmonious, orderlyand attractive development. 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 discussed in Findings (1), (2), and (3) above, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. 3 Development Review No. 2008 -XX (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. 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. b. Minor Conditional Use Permit to Maintain Existing Nonconforming Side Setbacks (1) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and Municipal Code. As stated in Development Review Findings (1) and (2) above, the proposed addition to an existing single-family residence is allowed within the R-1-7,500/RLM zoning district. According to the development standards matrix in the staff report, the proposed project complies with all applicable Development Code standards for the RLM zoning district except for the nonconforming side yard setbacks and separation distance between residences on adjoining properties. The existing legal nonconforming setbacks and separation distance may be allowed with the appropriate findings through the Minor Conditional Use Permit process. The City recognizes that property owners should be allowed to add or make improvements to their properties, even with non conformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings of fact in the resolution. The legal nonconformities may be continued to secure safety or when advantages through improved architecture are met. The required side yard setbacks in the RLM zoning district are 5 and 10 feet with a 15 foot separation between residences on adjoining properties. The subject residence is considered nonconforming because the side yard setbacks are a minimum 6 feet and the separation between the residences is 12 feet. The applicant is requesting to maintain the existing setbacks and separation in order to make architectural improvements and add living space to the residence. With the addition, the residence maintains the existing side yard setbacks and separation between residences on adjoining 4 Development Review No. 2008 -XX properties. Furthermore, the existing setbacks are consistent throughout the neighborhood. Therefore, staff finds that approving the Minor Conditional Use Permit as described above for the proposed addition is appropriate for this project. (2) The proposed use is consistent with the General Plan and any applicable specific plan. As discussed in Development Review Finding (9) above, the proposed project is consistent with the General Plan. There is not an applicable specific plan for area where the proposed project is located. (3) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed project does not change the use or operating characteristics of the existing residence. As discussed above in Development Review Findings (9) and (2) above, the proposed project's design, location and size are compatible with the surrounding neighborhood. (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 project meets all the required development standards for the RLM zoning district. The project site will maintain the existing use of a one-story single-family residence and is large enough to accommodate the proposed addition. Additionally, the proposed project does not intensify the use or increase the density of the project site. Furthermore, the proposed project does not necessitate a change in site access or provision of utilities. (5) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. Building Code compliance, 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. 5 Development Review No. 2008 -XX C. Nonconforming Setbacks and Separation Distance Between Residence (1) The proposed project is compatible with other structures in the neighborhood. The proposed addition is compatible with other homes in the neighborhood because the existing architectural style is not changed but updated. The update to the exterior design and the additional of square footage are improvements that add value to and visually enhance the existing residence and neighborhood. Homes in the neighborhood range in size from 1,300 to 2,237 square feet. The subject residence will remain as a one-story home. With the proposed addition, it will change in size from 1,300 to 2,205 square feet which is consistent with other homes in the neighborhood. Furthermore, the project site is large enough to accommodate the proposed addition and meets all the required development standards for the RLM zoning district. (2) The proposed project is consistent with the General Plan or any applicable specific plan. As discussed in Development Review Finding (1) above, the proposed project- is consistent with the General Plan. There is not an applicable specific plan for area where the proposed project is located. (3) The proposed project will not result in the restriction of the eventual/future compliance with the applicable regulations of the Development Code. Approval of the Minor Conditional Use Permit, which will permit the continuation of legal nonconforming side yard setbacks and separation distance between residences on adjoining properties will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations. (4) The proposed project will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood. Based on Minor Conditional Use Permit Finding (5) discussed above and conditions of approval, the proposed project will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood. (5) The proposed project will not be detrimental and/or injurious to property and improvements in the neighborhood. Based on all Development Review and Minor Conditional Use Permit Findings discussed above and conditions of approval, the proposed 6 Development Review No. 2008 -XX project will not be detrimental and/or injurious to property and improvements in the neighborhood. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: a. Planning Division 1. Prior to the issuance of a building permit, the applicant shall submit a final landscape and irrigation plan for the front yard for Planning Division review and approval. Said landscape plan shall show that 50 percent of the front yard will be landscaped. 2. Prior to final inspection and Certificate of Occupancy issuance, the applicant shall install all approved landscaping and irrigation in the front yard. 3. Prior to plan check submittal, the applicant shall submit revised side elevations drawings showing the stone accent extending along to meet the side yard fence and gate returns, so that wainscot reaches logical termination points for Planning Division review and approval. 4. Prior to final inspection, the applicant shall repair or replace existing fence returns and gates. b. Building and Safety Division 1. Smoke detectors shall be in conformance with the 2007 California Building Code. 2. All bedrooms shall comply with all rescue window requirements. 3. Building setback for any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 4. Construction plans shall specify 5/8" type X between the garage and house addition and 1 3/8" solid core self-closing door between the house and garage. 5. An 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 and Safety Division. 6. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 7. Southern California Air Quality Management District (SCAQMD) approval and clearance shall be required prior to issuance of a demolition permit. 7 Development Review No. 2008 -XX 8. Applicant shall submit five full sets of plans, including the grading plan, to the Building and Safety Division after the plans have been approved by the Planning Commission. 9. Prior to the issuance of a building permit, the applicant shall submit a full set of plans to the Pomona School District and shall pay required school fees. 10. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of soil. Depth of the foundation below the natural and finish grade shall not be less than 24 inches for exterior and 18 inches for interior foundations. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Richard Kwon, 2830 Castle Rock Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 25TH OF MARCH 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. WA 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 25th day of March 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 8 Development Review No. 2008 -XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2008-41 and Minor Conditional Use Permit No. 2008-19 SUBJECT: First Story Addition to Single -Family Residence PROPERTY OWNER/ APPLICANT: Mr. Richard Kwon LOCATION: 2830 Castle Rock 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. 2008-41 and Minor Conditional Use Permit No. 2008-19 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. (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. 2008-41 and Minor Conditional Use Permit No. 2008-19 at the City of Diamond Bar Community Development Department, their affidavit 9 Development Review No. 2008 -XX 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 sheets) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project. site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. 10 Development Review No. 2008 -XX 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. 2008-41 and Minor Conditional Use Permit No. 2008-19 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" dated March 25, 2008, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Solid Waste The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 11 Development Review No. 2008 -XX APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 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) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater of Storm Water Prevention Plan (SWPPP) shall be needed. Please refer to City handout. 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. 4. 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. B. 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 12 Development Review No. 2008 -XX 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. 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. The project shall comply with 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. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 7. Plans shall specify location of tempered glass as required by code. 8. The number of plumbing fixtures shall be in compliance with CBC Appendix 29. 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) End 13 Development Review No. 2008 -XX RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive, Diamond Bar, CA 91765 ace above Line COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE DEVELOPMENT REVIEW NO. 2008-41/MINOR CONDITIONAL USE PERMIT NO. 2008-19 The undersigned hereby certify that Mr. Richard Kwon is/are the owner(s) of the hereinafter described real property located at 2830 Castle Rock Road in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 41 of Tract No. 25985 Assessor's Book and Parcel Number APN: 8285-016-033 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used/maintained for single family residential purposes only. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. IS DATED: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) On this day of 2008 before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State 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: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: 8.1 March 25, 2008 Development Review No. 2008-41 and Minor Conditional Use Permit No. 2008-19 2830 Castle Rock Road (Lot 41, Tract 25985) (APN:8285-019-003) Under the authority of the Development Code Section 22.48, 22.56 and 22.68, the applicant is requesting approval for a one-story addition of approximately 905 square feet to an existing one-story residence of approximately 1,300 square feet with a two -car garage. The Minor Conditional Use Permit approval is required to maintain the existing nonconforming side yard setbacks and separation between adjoining residences. PROPERTY OWNER/APPLICANT: Mr. Richard Kwon 2830 Castle Rock Road Diamond Bar, CA 91765 STAFF RECOMMENDATION: Conditionally approve. DR 2008-41/MCUP 2008-19 Page 1 BACKGROUND: A. Site Description The project site is approximately 7,548 square feet and is rectangular in shape. It is developed with a one-story residence of approximately 1,300 square feet with a two - car garage and swimming pool. B. Site and Surrounding General Plan, Zoning and Use General Plan Zone Applicable Uses Development Code Standards Low -Medium Single -Family Project Site Density Residential Residential -Min. RLM Residential Max. 5 DU/Acre Lot Size 8,000 (RLM) square feet (R-1-7,500) North RLM R-1-7,500 RLM Residential South RLM R-1-7,500 RLM Residential East General Neighborhood C-2 Diamond Hills Commercial (C) Business (C-2) Plaza and Brea Canon Channel West RLM R-1-7,500 RLM Residential ANALYSIS: A. Applications and Review Authority (Code Sections 22.48, 22.56 and 22.68) The proposed project requires the approval of two applications, Development Review and a Minor Conditional Use Permit. Because the proposed addition is more than 50 percent of the existing habitable area of a single-family residence, approval of a Development Review Application by the Planning Commission is required. A Minor Conditional Use Permit approval by the Planning Commission is required to maintain the non -conforming side yard setbacks and separation between adjoining residences. B. Development Review (Code Section 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living, and attracts the interests of residents and visitors as the result of consistent exemplary design. 1. Development Standards The comparison matrix below shows that the proposed project has met the development standards for the RLM (R-1-7,500) zoning district. DR 2008-41/MCUP 2008-19 Page 2 Development RLM (R-1-8,000) Zoning Proposed Meet Feature District Requirement Requirements Minimum Lot Area 8,000 square feet 7,548 square feet Yes (an existing legal lot of record) Residential Density 1 single-family unit 1 single-family unit Yes Front yard setback 20 feet 20 feet Yes Side yard setbacks 5 & 10 feet 6 feet for each side Yes (nonconforming) yard 12 feet for each Yes Separation between 15 feet side (nonconforming) ad acent residences Rear setback 20 feet 46 feet Yes Building height 35 feet from 17 feet from Yes natural/finished grade finished grade Lot coverage 40% (maximum) 36% Yes Front yard 50% (minimum) 58% Yes landscaping Parking Two -car garage Two -car garage Yes (minimum) ,2. Architectural Features, Colors, Material and Floor Plan The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design, and landscape architecture. Additionally, a primary objective is to promote compatibility with adjacent uses in order to minimize any potential negative impacts. The proposed addition updates the existing architectural style of the residence. The entry orientation is changed and situated behind the proposed study. Wood siding and a louvered vent are added below each of the front gables. Also, stone wainscot accent is added to the front elevation and wraps around to the sides of the residence; staff recommends that the stone accent be extended along to meet the side yard fence and gate returns, so that wainscot reaches logical termination points. A condition has been added to show the extended wainscoting on the final construction drawings. DR 2007-36/MCUP 2008-19 Page 3 Roof material, exterior stucco and wood trim colors will match existing. Mojave Pro -Fit Ledgestone in shades of tan will be used for the wainscoting. Although the existing architectural style is updated and wood siding and stone accent are added, the proposed project is compatible with other homes in the neighborhood. Homes in the neighborhood range in size from 1,300 to 2,237 square feet. The subject residence will remain as a one-story home. With the proposed addition, the residence will change in size from 1,300 to 2,205 square feet which is consistent with other homes in the neighborhood. Furthermore, the project site is large enough to accommodate the proposed addition and meets all the required development standards for the RLM zoning district. The proposed project converts the existing garage to a bedroom with a bathroom. A study, new entry and two -car garage with interior measurements of 20'X 20' that meet the code requirement are added to the residence. No windows are proposed on the side elevations of the additions. 3. Landscaping A final landscape and irrigation plan was not submitted with this project's application. Prior to the issuance of a building permit, the applicant is required to provide a landscape and irrigation plan for the front yard for the City's review and approval. The landscape plan shall show that 50 percent of the front yard will be landscaped. Said landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy. C. Minor Conditional Use Permit/Nonconforming Setback (Code Sections 22.56 and 22.68) The City recognizes that property owners should be allowed to add or make improvements to to their properties, even with legal nonconformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings of fact in the resolution. The legal nonconformities may be continued to secure safety or when advantages through improved architecture are met. The required side yard setbacks in the RLM zoning district are 5 and 10 feet with a 15 foot separation between residences on adjoining properties. The subject residence is considered nonconforming because the side yard setbacks are a minimum 6 feet and the separation between the residences is 12 feet. The applicant is requesting to maintain the existing setbacks and separation in order to make architectural improvements and add living space to the residence. With the addition, the residence maintains the existing side yard setbacks and separation between residences on adjoining properties. Furthermore, the existing setbacks are consistent throughout the neighborhood. DR 2007-36/MCUP 2008-19 Page 4 D. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Class 1, Section 15301(e) of the CEQA Guidelines. Exemptions under Class 1, Section 15301(e) include additions to existing structures of less than 10,000 square feet in urbanized areas that are not environmentally sensitive. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on March 14, 2008. Public hearing notices were mailed to approximately 88 property owners within a 500 -foot radius of the project site, the public notice was posted in three public places and the project site was posted with a display board by March 13, 2008, RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2008-41 and Minor Conditional Use Permit No. 2008-19, based on the Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: Reviewed by: An6 J. Lune, a As'ociatWPlanner Greg-Gubman, AICP, Planning Manager Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, roof plan and elevations dated March 25, 2008; 3. Covenant and Agreement to Maintain a Single -Family Residence; and 4. Aerial. DR 2007-36/MCUP 2008-19 Page 5 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2008-41, MINOR CONDITIONAL USE PERMIT NO. 2008-19 AND CATEGORICAL EXEMPTION, FOR A REQUEST TO CONSTRUCT A FIRST STORY ADDITION OF APPROXIMATELY 905 SQUARE FEET TO AN EXISTING ONE-STORY SINGLE- FAMILY RESIDENCE WITH A TWO -CAR GARAGE LOCATED AT 2830 CASTLE ROCK ROAD - APN: 8285-019-015 A. RECITALS. 1 The property owner/applicant, Mr. Richard Kwon, has filed an application for Development Review No. 2008-41, Minor Conditional Use Permit No. 2008-19 and categorical exemption for a property located at 2830 Castle Rock Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 88 property owners within a 500 -foot radius of the project site, the public notice was posted in three public places and the project site was posted with a display board. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On March 25, 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 from the provisions of the California Environmental Quality Act (CEQA), under Class 1, Section 15301(e) of theCEQA Guidelines promulgated thereunder. Exemptions under Class 1, Section 15301(e) include additions to existing structures of less than 10,000 square feet in urbanized areas that are not environmentally sensitive. 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 project site was established and homes were built prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RLM Maximum 5 DU/AC. This General Plan designation allow for lot varying in size from 6,000 to 8, 000 square feet for the development of a single-family residence. The project site is an existing legal lot of record which is 7,548 square feet and developed with a single-family residence. Therefore, the project site is in compliance with the adopted General Plan. The project site is in the R-1-7,500- Minimum Lot Size 7,500 Square Feet zoning district. As prescribed in the Development Code, the development standards of the RLM 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 except for the nonconforming side yard setbacks and separation distance between residences on adjoining lots which require approval of a Minor Conditional Use Permit. (See Minor Conditional Use Permit and Nonconforming findings discussed below.) The proposed addition updates the existing architectural style of the residence. The entry orientation is changed and setback behind the proposed study. Wood siding and a louvered vent are added below each of the front gables. A condition has been added to this Resolution requiring the stone accent to be extended along the sides of the residence to meet the side yard fence and gate returns in order for the wainscot to reach a logical termination point. Roof material, exterior stucco and wood trim colors will match existing. Mojave Pro -Fit Ledgestone in shades of tan will be used for the wainscoting. Although the existing architectural style is updated and wood siding and stone accent are added, the proposed project is compatible with 2 Development Review No. 2008 -XX other homes in the neighborhood. Homes in the neighborhood range in size from 1,300 to 2,237 square feet. The subject residence will remain as a one-story home. However with the proposed addition, it will change in size from 1,300 to 2,205 square feet which is consistent with other homes in the neighborhood. Furthermore, the project site is large enough to accommodate the proposed addition and meets all the required development standards for the RLM zoning district. (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. With the approval and construction of the proposed project, the current use of the project site as a single-family residence will be maintained. As discussed in Development Review Finding (1) above, the proposed project can be accommodated at the project site. Additionally, the architectural style, colors and materials are compatible with other homes in the neighborhood. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (3) 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 discussed in Finding (1) above, the proposed project is consistent with the General Plan, development standards of the RLM zoning district and the City's Design Guidelines. As a result, the proposed addition is compatible with the characteristics of the neighborhood and will maintain a harmonious, orderly and attractive development. 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 discussed in Findings (1), (2), and (3) above, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. 3 Development Review No. 2008 -XX (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. 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. b. Minor Conditional Use Permit to Maintain Existing Nonconforming Side Setbacks (1) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and Municipal Code. As stated in Development Review Findings (1) and (2) above, the proposed addition to an existing single-family residence is allowed within the R-1-7, 500/RLM zoning district. According to the development standards matrix in the staff report, the proposed project complies with all applicable Development Code standards for the RLM zoning district except for the nonconforming side yard setbacks and separation distance between residences on adjoining properties. The existing legal nonconforming setbacks and separation distance may be allowed with the appropriate findings through the Minor Conditional Use Permit process. The City recognizes that property owners should be allowed to add or make improvements to their properties, even with non conformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings of fact in the resolution. The legal nonconformities may be continued to secure safety or when advantages through improved architecture are met. The required side yard setbacks in the RLM zoning district are 5 and 10 feet with a 15 foot separation between residences on adjoining properties. The subject residence is considered nonconforming because the side yard setbacks are a minimum 6 feet and the separation between the residences is 12 feet. The applicant is requesting to maintain the existing setbacks and separation in order to make architectural improvements and add living space to the residence. With the addition, the residence maintains the existing side yard setbacks and separation between residences on adjoining 4 Development Review No. 2008 -XX properties. Furthermore, the existing setbacks are consistent throughout the neighborhood. Therefore, staff finds that approving the Minor Conditional Use Permit as described above for the proposed addition is appropriate for this project. (2) The proposed use is consistent with the General Plan and any applicable specific plan. As discussed in Development Review Finding (1) above, the proposed project is consistent with the General Plan. There is not an applicable specific plan for area where the proposed project is located. (3) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed project does not change the use or operating characteristics of the existing residence. As discussed above in Development Review Findings (1) and (2) above, the proposed project's design, location and size are compatible with the surrounding neighborhood. (4) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (5) The proposed project meets all the required development standards for the RLM zoning district. The project site will maintain the existing use of a one-story single-family residence and is large enough to accommodate the proposed addition. Additionally, the proposed project does not intensify the use or increase the density of the project site. Furthermore, the proposed project does not necessitate a change in site access or provision of utilities. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. Building Code compliance, 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. 5 Development Review No. 2008 -XX c. Nonconforming Setbacks and Separation Distance Between Residence (1) The proposed project is compatible with other structures in the neighborhood. The proposed addition is compatible with other homes in the neighborhood because the existing architectural style is not changed but updated. The update to the exterior design and the additional of square footage are improvements that add value to and visually enhance the existing residence and neighborhood. Homes in the neighborhood range in size from 1,300 to 2,237 square feet. The subject residence will remain as a one-story home. With the proposed addition, it will change in size from 1,300 to 2,205 square feet which is consistent with other homes in the neighborhood. Furthermore, the project site is large enough to accommodate the proposed addition and meets all the required development standards for the RLM zoning district. (2) The proposed project is consistent with the General Plan or any applicable specific plan. (3) As discussed in Development Review Finding (1) above, the proposed project is consistent with the General Plan. There is not an applicable specific plan for area where the proposed project is located. The proposed project will not result in the restriction of the eventual/future compliance with the applicable regulations of the Development Code. Approval of the Minor Conditional Use Permit, which will permit the continuation of legal nonconforming side yard setbacks and separation distance between residences on adjoining properties will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations. (4) The proposed project will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood. (5) Based on Minor Conditional Use Permit Finding (5) discussed above and conditions of approval, the proposed project will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood. The proposed project will not be detrimental and/or injurious to property and improvements in the neighborhood. Based on all Development Review and Minor Conditional Use Permit Findings discussed above and conditions of approval, the proposed 6 Development Review No. 2008 -XX project will not be detrimental and/or injurious to property and improvements in the neighborhood. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: a. Planning Division 1. Prior to the issuance of a building permit, the applicant shall submit a final landscape and irrigation plan for the front yard for Planning Division review and approval. Said landscape plan shall show that 50 percent of the front yard will be landscaped. 2. Prior to final inspection and Certificate of Occupancy issuance, the applicant shall install all approved landscaping and irrigation in the front yard. 3. Prior to plan check submittal, the applicant shall submit revised side elevations drawings showing the stone accent extending along to meet the side yard fence and gate returns, so that wainscot reaches logical termination points for Planning Division review and approval. 4. Prior to final inspection, the applicant shall repair or replace existing fence returns and gates. b. Building and Safety Division 1. Smoke detectors shall be in conformance with the 2007 California Building Code. 2. All bedrooms shall comply with all rescue window requirements. 3. Building setback for any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 4. Construction plans shall specify 5/8" type X between the garage and house addition and 1 3/8" solid core self-closing door between the house and garage. 5. An 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 and Safety Division. 6. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 7. Southern California Air Quality Management District (SCAQMD) approval and clearance shall be required prior to issuance of a demolition permit. 7 Development Review No. 2008 -XX 8. Applicant shall submit five full sets of plans, including the grading plan, to the Building and Safety Division after the plans have been approved by the Planning Commission. 9. Prior to the issuance of a building permit, the applicant shall submit a full set of plans to the Pomona School District and shall pay required school fees. 10. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of soil. Depth of the foundation below the natural and finish grade shall not be less than 24 inches for exterior and 18 inches for interior foundations. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Richard Kwon, 2830 Castle Rock Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 25TH OF MARCH 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 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 25th day of March 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 8 Development Review No. 2008 -XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT' #: Development Review No. 2008-41 and Minor Conditional Use Permit No. 2008-19 SUBJECT: PROPERTY OWNER/ APPLICANT: LOCATION: First Story Addition to Single -Family Residence Mr. Richard Kwon 2830 Castle Rock 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. 2008-41 and Minor Conditional Use Permit No. 2008-19 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. (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. 2008-41 and Minor Conditional Use Permit No. 2008-19 at the City of Diamond Bar Community Development Department, their affidavit 9 Development Review No. 2008 -XX 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 driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. 10 Development Review No. 2008 -XX B. Fees/Deposits 1 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits The approval of Development Review No. 2008-41 and Minor Conditional Use Permit No. 2008-19 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 labeled and referenced herein as Exhibit "A" dated March 25, 2008, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Solid Waste 1 The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 11 Development Review No. 2008 -XX APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 1 An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 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) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater of. Storm Water Prevention Plan (SWPPP) shall be needed. Please refer to City handout. 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. 4. 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. B. 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. 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 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 12 Development Review No. 2008 -XX 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. 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. The project shall comply with 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. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 7. Plans shall specify location of tempered glass as required by code. 8. The number of plumbing fixtures shall be in compliance with CBC Appendix 29. 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) End 13 Development Review No. 2008 -XX RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive, Diamond Bar, CA 91765 Space Above Line For Recorder's Use Only COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE DEVELOPMENT REVIEW NO. 2008-41/MINOR CONDITIONAL USE PERMIT NO. 2008-19 The undersigned hereby certify that Mr. Richard Kwon is/are the owner(s) of the hereinafter described real property located at 2830 Castle Rock Road in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 41 of Tract No. 25985 Assessor's Book and Parcel Number APN: 8285-016-033 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used/maintained for single family residential purposes only. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. By By DATED: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) On this day of, 2008 before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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Ism —1 w—ilo—ecOOSwe. twe W eln w owwo sv— eAVewaA 01 • e7lar Yw ttwaeWLT aITIN D • Attwi RAGIWOtwe:l bCN • teem w r10lat. 1-1 A9ORp11'ell taw! rA/LT A61 -M 1—[rttt IY—w/laaw, ItmRY z • IeAIeMNtwOtelYT tlrlte MI 0 • ItM AODIIIIM !0' Y guu Ial tti Ar110LWe! • Ow1W w{ MIR i\OOR 6NW /Irk 1/00 YI1. N Aietp ruae sAtw MrA, tlKR. • MRAt epHr{IO MID LNMeMM tYIYA. 1MID AIrA 0011IMMw t11D lell—l! I Y R. • mraAt AaDi ROaRaA+w Nry sw to n. IefAL tMDtIt ItR 11008 a3VtelI Alts Aryl AaplwL —Mt>d h Atltl MMwNrb to ti R. mR/1L MIMte MK Mt Y R. IMIMI YA/r LVMMiM6 NO1 MIw Uw tq • Itw >1O1r I VICMY MAP IIT.S EXHIBIT "A" DR 2008-41/MCUP 2008-19 2830 Castle Rock March 25, 2008 Iaa twl 0 sw 0 a. f m —siuw —w C-1 e ^C^ nn nn u a— 'iih—hn —a rr nN nn 8 m x: ours a rtAPSrI o xM: x rrvPOr o +— —®e wo aMU Mora oMrrm rear x mrllr o r. JavM c a JC ENGINEERING d k KWON RESIDENCE 2B30 CASTLE ROCK RD. DgMOF6) BAR, G 91763 ewnMr MMMIIeMM1 eaMt r MMnr ti as M r McMa a Msi r Oq awa—r w• Pal aran o -r l.d.ur— FF--6is?OOtsos4X0—! 0t! Oppx KWON RESIDENCE 2830 CASTLE ROCK RD. DIAMOND BAR, CA 91765 > PM Na N _MT v MuMZ nM: x PFAP*M a s .nr—.e MS MULL Mm K MMwmMO mew IM m•ary -eaw JC ENGINEERING .MMMMw MMMMMMO Mar r S w. MM[/r, wSMMSrM. sN- auo :aA .m 40 0 rn zz Uj rnn n jY oD— — --e I h 1 KWON RESIDENCE 2830 CASTLE ROCK RD. DWIOND BAR, CA 91765 sQ wr As aawaaar s alas AN[ x PNOPMIV rc : asaaaaa wo BLUL C m xv mim a w am ,w sa) cm JC ENGINEERING .sawis< N aas .aa act, H sa-n as 61 actor . r. rrrr— III D�.�IO�TD B�P.IQ PLANNING 11111 • • • ,•` III / AGENDA REPORT q CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 8.2 MEETING DATE: March 25, 2008 CASE/FILE NUMBER: Conditional Use Permit No. 2008-03 PROJECT LOCATION: 1673 Maple Hill Road Diamond Bar, CA 91765 APPLICATION REQUEST: To continue using Diamond Bar Hills Club as a recreational facility. PROPERTY OWNERS: Diamond Bar Hills Club 1673 Maple Hill Road Diamond Bar, CA 91765 APPLICANT: YMCA of Pomona Valley 350 N. Garey Pomona, CA 91767 STAFF RECOMMENDATION: Conditionally Approve BACKGROUND: On December 16, 1965, Zone Exception 7949-(1) was approved by the County of Los Angeles Regional Planning Commission to operate a recreational facility at 1673 Maple Hill Road. Applicant, YMCA of Pomona Valley is in escrow to purchase the property and has submitted an application to continue using Diamond Bar Hills Club as a recreational facility. The subject site belongs to the Diamond Bar Hills Club Homeowners Association, and will continue to be subject to the HOA's covenants, restrictions, and conditions. ANALYSIS: A. Review Authority (DBMC § 22.08.030) A Conditional Use Permit (CUP) approval is required to establish a recreational facility. Because the Diamond Bar Hills Club was established prior to the requirement for a CUP, it is considered a nonconforming use. Through the granting of a CUP, the facility will then be considered a conforming use, and would no longer be encumbered if physical improvements are proposed in the future. B. Site and Surrounding General Plan, Zoning and Uses C. Conditional Use Permit (DBMC & 22.58) 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. Page 2 Conditional Use Permit No. 2008-03 General Plan Zone Development Code Standards Uses Site Low/Medium Density R-1-8,000 RLM RecreaFacility tional Residential R-1-8,000 RLM Single Family Residential North Low/Medium Density Residential R-1-8,000 RLM Single Family Residential South Low/Medium Density Residential Low/Medium Density R-1-8,000 RLM Single Family Residential East Residential R-1-8,000 RLM Single Family Residential West Low/Medium Density Residential C. Conditional Use Permit (DBMC & 22.58) 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. Page 2 Conditional Use Permit No. 2008-03 1. Business Description Presently, Diamond Bar Hills Club uses the site a recreational facility, which operates as a swim and fitness club seven days a week. YMCA will continue to accommodate the same business operations. 2. Operational Characteristics YMCA does not plan on making any changes to the existing operational characteristics. Days of Operation Monday— Sundays Hours of Operation Monday through Friday: 5:30 pm to 9:00 pm Saturday: 8:00 am to 6:00 pm Sunday: 1:00 pm to 6:00 pm Peak Hour of Operation 6:00 am to 1:00 pm Number of Class Per Business Day Swim Team Practice: 6:30 am to 8:30 am Swim Lessons offers 4 classes between 8:30 am to 12:00 pm Recreational Swim: 12:00pm to 8:00 pm Time Frame Per Class 50 minutes Number of Students Per Swim Class 5 Age of Students 3 to 18 years old; Kindergarten through twelve grades students are main target Number of Teachers/Employees 15 employees Vehicles Used For Business None Special Events/Exhibitions None 3. Parking In accordance with the Development Code Section 22.30.030, Table 3-10 22 parking spaces are required for the Proposed Use. A total of 25 parking spaces are provided on site, which exceeds the minimum parking requirement as stated above. Based on the Development Code Parking Standards the Page 3 Conditional Use Permit No. 2008-03 L0 parking spaces provided will be adequate to support the continued use of the property. Based on the analysis above, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. 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. 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 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), in accordance with Section 15301 of the CEQA Guidelines (continued operation of existing facilities involving negligible or no expansion of use). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2008- 03, Findings of Fact, conditions of approval and Standard Conditions, as listed within the attached resolution. Prepared by: Reviewed by: Greg Gubman, AICP Planning Manager Attachments: 1. Draft Resolution of Approval with required findings 2. Aerial 3. Zoning Exception Case No. 7949(1) 4. Exhibit "A" — Project Plans with Photographs Page 4 Conditional Use Permit No. 2008-03 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-03, A REQUEST TO CONTINUE USING DIAMOND BAR HILLS CLUB AS A RECREATIONAL FACILITY AT 1673 MAPLE HILL ROAD, (APN: 8293-018- 008), DIAMOND BAR, CA. A. RECITALS Applicant, YMCA, has filed an application for Conditional Use Permit No. 2008-03, for property located at 1673 Maple Hill Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application," or "Proposed Use." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On March 25, 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: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 of the California Environmental Quality Act (CEQA) and guidelines promulgated there under in that the existing facility shall have no expansion of use. Furthermore, 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) The project site is within an existing single family residential zone located near the Northwest corner of Maple Hill Road and Diamond Bar Boulevard. The proposed use will occupy a space of 4,100 square feet within a 2.13 acre lot at 1673 Maple Hill Road. (b) The project site has a General Plan land use designation of Single Family Residential (RLM); (c) The zoning designation for the project site is Low/Medium Residential (RLM), in within which recreational uses may be established, subject to approval of a Conditional Use Permit; (d) Generally the following zones surround the project site: North: Low/Medium Residential (RLM) zone; South: Low/Medium Residential (RLM) zone; East: Low/Medium Residential (RLM) zone; West: Low/Medium Residential (RLM) zone; (e) According to Development Code Section(s) 22.58 and 22.01.030 Table 2-6, this Application is a request to obtain a Conditional Use Permit to allow the continued use of a recreational facility. The site consists of a swimming pool, two basketball courts, and a recreational facility. Conditional Use Permit (f) The Proposed Use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; The Proposed Use is permitted in the RLM Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code. (g) The Proposed Use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of Low Density Residential, which provides for the establishment of cultural facilities, libraries, museums, park, playgrounds, recreational facilities, religious place of worship, schools, and single family residential. The Proposed Use is considered a recreational facility which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. 2 CUP 2008-03 (h) 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 use is in fact an existing facility that has existed in harmony within its surroundings since 1965. The project site is approximately 2.18 acres and developed with an existing recreational office of approximately 4,100 square feet, a swimming pool, two basketball courts, open playing field and 25 parking spaces. No physical changes to the facility are proposed at this time. Pursuant to Development Code Section 22.30.030, Table 3-10, 22 parking spaces are required for the Proposed Use. A total of 25 parking spaces are provided on site, which exceeds the minimum parking requirement as stated above. On the basis of the Development Code Parking Standards, the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) The subject 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; The Proposed Use, as referenced above in Items (f) and (h), meets the required development standards for the RLM zone with a Conditional Use Permit and as conditioned in this resolution, will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the recreational facility is existing, and the proposed use does not require access modification. As a result, 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 (j) 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 referenced above in Items (0 through (j), the Proposed Use as conditioned herein will meet the City's minimum development standards. Therefore, 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 3 CUP 2008-03 In accordance with the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations, for the reason stated in Section B.2 of this resolution. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan, floor plan, and photographs of the site labeled as Exhibit "A," as submitted, amended herein and approved by the Planning Commission. (b) Hours of operation and operating characteristics shall be as follows: of Operation Hours of Operation Peak Hour of O Number of Class Per Business Day Time Frame Per Class Number of Students Per Swim Class Age of Students Number of Teachers/Employees Vehicles Used For Business al Events/Exhibitions — Sund Monday through Friday: 5:30 pm to 9:00 pm Saturday: 8:00 am to 6:00 pm Sunday: 1:00 pm to 6:00 pm 6:00 am to 1:00 pm Swim Team Practice: 6:30 am to 8:30 am Swim Lessons offers 4 classes between 8:30 am to 12:00 pm Recreational Swim: 12:00pm to 8:00 pn 50 minutes 5 3 to 18 years old; Kindergarten through twelve grades students are main target 15 employees None None 4 CUP 2008-03 Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval. (c) This Conditional Use Permit shall be valid only for 1673 Maple Hill Road. If the Proposed Use moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission. (d) The applicant shall apply for and obtain sign permits and applicable permit fees prior to the installation of any exterior sign. The tenant improvement plans submitted for plan check and building permit include the following statement: "separate permit is required for all wall and monument signs." 6. 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: YMCA of Pomona Valley, 350 N. Garey, Pomona, CA 91767 APPROVED AND ADOPTED THIS 25th OF MARCH 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. AM 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 25th day of March 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 5 CUP 2008-03 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2008-03 SUBJECT: To continue using Diamond Bar Hills Club as a recreational facility PROPERTY OWNER: Diamond Bar Hills Club, 1673 Maple Hill Road, Diamond Bar, CA 91765 APPLICANT: YMCA of Pomona Valley LOCATION: 1673 Maple Hill Road Diamond Bar CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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. 2008-03 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: 6 CUP 2008-03 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2008-03, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this 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. 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. 4. 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. 5. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. 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. 8. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 9. The applicant shall comply with the 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 7 CUP 2008-03 the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2008-03 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 . 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. END 8 CUP 2008-03 e Trees Building - ry Lot Numbers Easements Large 1 Private_Str- pets Page 1 of 1 04 _ _ '2,, iMI-TON 5REiVOGFL DiR.ECT.OR OF PLINNING N TY O F L - LOS ANGELES COMMISSIONERS - FRED M. GEBHART THE HE REGIONAL PLANNING COMMISSION ARTHUR J. BAUM .OEFUTY DIRECTOR 320 WEST TEMPLE STREET LOS ANGELES. CALIFORNIA CHAIRfAAH. MRS. L. S, BACA VICE-CHAIRMAN 90012 TELEPHONE 628.9211 ALSON E. ABERNETHY LOUIS KANASTER OWEN H. LEWIS I . ' IRMA RUTHER SECRETARY TO THE COMMISSION 23,94 ' .. .5 a Cl; l i, ams �F1di $s LOA Auseles 39a 0*34falmia Requested l R $9e t'Ri Fi3�" ..'isYY' >;sh r AUthori z a6iz A'Ficic , , {x': �q e� y. o *r 7 , 'y ia�4r+�R'�i�i�d' 1�s� 'sem 1� w +4 �. p��' muni er San Jose ZonedDistrict. doe=ent ;icgranted - e �l � 86 -ion at, Its meatiing oZ Dauer 14j 1965t amrt.ase . This OXcOP ion is for ropartyy located on t1:a north_ w"terly side of Dia: . Testi ftOrthwwtorly of Jjowa C - t 117rive , in the San J 0 Zoller 'Istrict. Your atteatiom U m4ed tb the fI.lavi g owner oioil condi,, on of the exteptioni. Th- ��a h a' qui:r t< . e :OnL-1 OrdiriaA00 and Iwo` the ,Q Some must I's � ied with Jess � ��rl� '�Y e�- forth t oft he a + �e�v d plat ,$mc 3i '.# y 4i �s�y :i'..L m'" c 't[�xy :.� 'a:u"E�:.y 3.olir` i� YOU." .ks i a` s .d. uzP decision ty lit Mby wi-tteb 0. '�`'i�a .� c• - 4 -0c -over Whe cost or . reparl-n9 &Tau- crit of site pt Cau should a amniar is d b_i the QQda' tthis period. Very tvaly yours,, . Director or 01 Fl y : Christenson Chje ` DO!" Ur u s . s �,r'r Director eavionv- �r. i 3 . i el � ri# Rowena �- a A ' , Sr i Wit- De- ign ivini caum°' ]Fire Dom" tme t 7 Tbo ftelo"I Pluming tho pMporty gbg4o 0& the *tt4Whed 1*01 doocripti= hXm the pMVi4U* of 0iii4mi 1.0. 1�%. but. =17 144OCei 48 tbis of*qj�t*oo Is oo*"Bary t* cobstruat,- a ""-priv*to olub. with fte"Oia"I fa-ciliti" consist - club hou". obildre" P141Y """* Can* wafts* oubjtet t U" i b000w wal =A w4d vales* it is us" pri*r t* This 0100 tiom Tho f*r*#pjnS is the do*islon roodoftd bY TbO USU0*1 PIOMU4 on. 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Deputy siract". ter LEGAL DESCRIPTION That portion of the Southeast quarter of Section 21, Town- ship 2 South, Range 9 West, San Bernardino Meridian, in the County of Los Angeles, State of California, described as follows: Commencing at a point in the center line of Diamond Boulevard 120.00 feet wide, distant thereon North 50009'00" East 1789.00 feet from the intersection with the center line of KIOWA CREST DRIVE, as shown on map of Tract No. 27979 recorded in Book 735 pages 73 to 77 of Maps records of said County; thence north 39°51'00" West 461.82 feet; to the true point of beginning; thence South 50°09'00" West 413.05 feet; thence along the following courses and distances: North 7025'02" East 16.52 feet; North 8°48'04" East 141.65 feet; North 1°09'09" East 158.87 feet; North 61140139" West 77.29 feet; North 28032124" West 58.90 feet; North 50°09'00" East 136.50 feet and South ` 39°51'00" East 347.14 feet to the true point of beginning.', ZONE EXCEPTION CASE NO. 7949-(1) CONDITIONS 1� That applicant shall submit for approval of the Director of Planning, three copies of a revised plot plan showing develop- ment similar to that presented at the public hearing and incor- porating such of the following conditions as can be shown on a plan. The property shall thereafter be developed and maintained substantially in conformance with such approved revised plan; 26 That paved parking spaces for a minimum of 25 automobiles shall be provided on subject property; 3. That a chain link dr ornamental fence not less than 5 feet in height be placed at the top of the slope of the premises, within the setback area, which area shall be landscaped; �+. That a 42 inch masonry wall shall be constructed along the property border adjacent to areas used for parking; 5� That the membership of the facility shall be limited to resi- dents of the adjoining tract (Tract No. 25049), and the use thereof limited to said persons and their guests only; 6. That there shall be no sale of alcoholic beverages on the premises at any time; 7. That provisions be made for all natural drainage to the satis- faction of the County Engineer. Drainage plans and two signed grading plans shall be submitted to the County Engineer, Design Division, for approval prior to grading or construction; 8. That applicant comply with requirements of the Forester and Fire Warden; 9. This exception shall not be effective for any purpose until the representative of the applicant for the use requested, on the property involved, has filed at the office of said Regional Planning Commission his affidavit stating that he is aware of and accepts all the conditions of this exception; 10. It is hereby declared to'be the intent that if any provision of this exception is held or declared to be invalid the exception shall be void and the privileges granted hereunder shall lapse; 11. It is hereby declared and made a condition of this exception that if any condition is violated or if any other law, statute or ordinance is violated the exception shall be suspended and the privileges granted hereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30)'days. DMF: LM: gl 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: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS: APPLICANT: STAFF RECOMMENDATION: 8.2 March 25, 2008 Conditional Use Permit No. 2008-03 1673 Maple Hill Road Diamond Bar, CA 91765 To continue using Diamond Bar Hills Club as a recreational facility. Diamond Bar Hills Club 1673 Maple Hill Road Diamond Bar, CA 91765 YMCA of Pomona Valley 350 N. Garey Pomona, CA 91767 Conditionally Approve BACKGROUND: On December 16, 1965, Zone Exception 7949-(1) was approved by the County of Los Angeles Regional Planning Commission to operate a recreational facility at 1673 Maple Hill Road. Applicant, YMCA of Pomona Valley is in escrow to purchase the property and has submitted an application to continue using Diamond Bar Hills Club as a recreational facility. The subject site belongs to the Diamond Bar Hills Club Homeowners Association, and will continue to be subject to the HOA's covenants, restrictions, and conditions. ANALYSIS: A. Review Authority (DBMC § 22.08.030) A Conditional Use Permit (CUP) approval is required to establish a recreational facility. Because the Diamond Bar Hills Club was established prior to the requirement for a CUP, it is considered a nonconforming use. Through the granting of a CUP, the facility will then be considered a conforming use, and would no longer be encumbered if physical improvements are proposed in the future. B. Site and Surrounding General Plan, Zoning and Uses General Plan Zone Development Uses Code Standards Site Low/Medium R-1-8,000 RLM Recreational Density Facility Residential North Low/Medium R-1-8,000 RLM Single Family Density Residential Residential South Low/Medium R-1-8,000 RLM Single Family Density Residential Residential East Low/Medium R-1-8,000 RLM Single Family Density Residential Residential West Low/Medium R-1-8,000 RLM Single Family Density Residential Residential C. Conditional Use Permit (DBMC § 22.58) 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. Page 2 Conditional Use Permit No. 2008-03 1. Business Description Presently, Diamond Bar Hills Club uses the site a recreational facility, which operates as a swim and fitness club seven days a week. YMCA will continue to accommodate the same business operations. 2. Operational Characteristics YMCA does not plan on making any changes to the existing operational characteristics. Days of Operation Monday - Sundays Hours of Operation Monday through Friday: 5:30 pm to 9:00 pm Saturday: 8:00 am to 6:00 pm Sunday: 1:00 pm to 6:00 pm Peak Hour of Operation 6:00 am to 1:00 pm Number of Class Per Business Day Swim Team Practice: 6:30 am to 8:30 am Swim Lessons offers 4 classes between 8:30 am to 12:00 pm Recreational Swim: 12:OOpm to 8:00 pm Time Frame Per Class 50 minutes Number of Students Per Swim Class 5 Age of Students 3 to 18 years old; Kindergarten through twelve grades students are main target Number of Teachers/Employees 15 employees Vehicles Used For Business None Special Events/Exhibitions None 3. Parking In accordance with the Development Code Section 22.30.030, Table 3-10 22 parking spaces are required for the Proposed Use. A total of 25 parking spaces are provided on site, which exceeds the minimum parking requirement as stated above. Based on the Development Code Parking Standards the Page 3 Conditional Use Permit No. 2008-03 parking spaces provided will be adequate to support the continued use of the property. Based on the analysis above, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. D. 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. 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 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), in accordance with Section 15301 of the CEQA Guidelines (continued operation of existing facilities involving negligible or no expansion of use). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2008- 03, Findings of Fact, conditions of approval and Standard Conditions, as listed within the attached resolution. Prepared by: Reviewed by: Greg Gubman, AICP Planning Manager 1. Draft Resolution of Approval with required findings 2. Aerial 3. Zoning Exception Case No. 7949(1) 4. Exhibit "A" - Project Plans with Photographs Page 4 Conditional Use Permit No. 2008-03 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-03, A REQUEST TO CONTINUE USING DIAMOND BAR HILLS CLUB AS A RECREATIONAL FACILITY AT 1673 MAPLE HILL ROAD, (APN: 8293-018- 008), DIAMOND BAR, CA. A. RECITALS 1. Applicant, YMCA, has filed an application for Conditional Use Permit No. 2008-03, for property located at 1673 Maple Hill Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application," or "Proposed Use." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On March 25, 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 pursuant to Section 15301 of the California Environmental Quality Act (CEQA) and guidelines promulgated there under in that the existing facility shall have no expansion of use. Furthermore, 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) The project site is within an existing single family residential zone located near the Northwest corner of Maple Hill Road and Diamond Bar Boulevard. The proposed use will occupy a space of 4,100 square feet within a 2.13 acre lot at 1673 Maple Hill Road. (b) The project site has a General Plan land use designation of Single Family Residential (RLM); (c) The zoning designation for the project site is Low/Medium Residential (RLM), in within which recreational uses may be established, subject to approval of a Conditional Use Permit; (d) Generally the following zones surround the project site: North: Low/Medium Residential (RLM) zone; South: Low/Medium Residential (RLM) zone; East: Low/Medium Residential (RLM) zone; West: Low/Medium Residential (RLM) zone; (e) According to Development Code Section(s) 22.58 and 22.01.030 Table 2-6, this Application is a request to obtain a Conditional Use Permit to allow the continued use of a recreational facility. The site consists of a swimming pool, two basketball courts, and a recreational facility. Conditional Use Permit (f) (g) The Proposed Use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; The Proposed Use is permitted in the RLM Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code. The Proposed Use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of Low Density Residential, which provides for the establishment of cultural facilities, libraries, museums, park, playgrounds, recreational facilities, religious place of worship, schools, and single family residential. The Proposed Use is considered a recreational facility which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. 2 CUP 2008-03 (h) The design, location, size and operation characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity; U) The proposed use is in fact an existing facility that has existed in harmony within its surroundings since 1965. The project site is approximately 2.18 acres and developed with an existing recreational office of approximately 4,100 square feet, a swimming pool, two basketball courts, open playing field and 25 parking spaces. No physical changes to the facility are proposed at this time. Pursuant to Development Code Section 22.30.030, Table 3-10, 22 parking spaces are required for the Proposed Use. A total of 25 parking spaces are provided on site, which exceeds the minimum parking requirement as stated above. On the basis of the Development Code Parking Standards, the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. 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 Use, as referenced above in Items (f) and (h), meets the required development standards for the RLM zone with a Conditional Use Permit and as conditioned in this resolution, will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the recreational facility is existing, and the proposed use does not require access modification. As a result, 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 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 referenced above in items (t) through (j), the Proposed Use as conditioned herein will meet the City's minimum development standards. Therefore, 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 3 CUP 2008-03 In accordance with the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations, for the reason stated in Section B.2 of this resolution. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan, floor plan, and photographs of the site labeled as Exhibit "A," as submitted, amended herein and approved by the Planning Commission. (b) Hours of operation and operating characteristics shall be as follows: Days of Operation Monda - Sundays Hours of Operation Monday through Friday: 5:30 pm to 9:00 pm Saturday: 8:00 am to 6:00 pm Sunday: 1:00 m to 6:00 pm Peak Hour of Operation 6:00 am to 1:00 pm Swim Team Practice: Number of Class Per Business Day 6:30 am to 8:30 am Swim Lessons offers 4 classes between 8:30 am to 12:00 pm Recreational Swim: 12:00 m to 8:00 m Time Frame Per Class 50 minutes Number of Students Per Swim Class 5 Age of Students 3 to 18 years old; Kindergarten through twelve grades students are main target Number of Teachers/Employees 15 employees Vehicles Used For Business None Special Events/Exhibitions None 4 CUP 2008-03 Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval. (c) This Conditional Use Permit shall be valid only for 1673 Maple Hill Road. If the Proposed Use moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission. (d) The applicant shall apply for and obtain sign permits and applicable permit fees prior to the installation of any exterior sign. The tenant improvement plans submitted for plan check and building permit include the following statement: "separate permit is required for all wall and monument signs." 6. 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: YMCA of Pomona Valley, 350 N. Garey, Pomona, CA 91767 APPROVED AND ADOPTED THIS 25th OF MARCH 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 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 25th day of March 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 5 CUP 2008-03 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2008-03 SUBJECT: To continue using Diamond Bar Hills Club as a recreational facility PROPERTY OWNER: Diamond Bar Hills Club, 1673 Maple Hill Road, Diamond Bar, CA 91765 APPLICANT: YMCA of Pomona Valley LOCATION: 1673 Maple Hill Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1 In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2008-03 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: 6 CUP 2008-03 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2008-03, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this 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. 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. 4. 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. 5. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. 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. 8. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to 7 CUP 2008-03 the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2008-03 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 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. END 8 CUP 2008-03 Page 1 of 1 Address . Trees Large Building Street Lot Numbers f / Easements Names Large Large Private—Str- eets W o— Fy1lLTOD! r7RE"IVOGFL DiF.ECTOH OF FLn.A;niING FRED M. GEBtiART CHIEF OEFUT'Y r3IRECTOR; COUNTY OF LOS ANGELES —'HE REGIONAL PLANNWC CO*1MISSION i—/— _ M 1/ ^ D—'-- 320 WEST TEMPLE STREET LOS AIJGELES, CALIFORNIA 90012 TELEPHONE 628-9211 batommUlbar 16, 196$ Di4mand Bar Pro" rwas, a limited parneAhly Z004 Rowena AVeho VWM Los Anzoles 39, Califoluia Chanovoth, KAMM A900 subjew Au xxteptlan caoo KQ412494111 a 1- a Or roperty located an the north- aclazedo This excoptio A " 7 " pert The 400unan's lainins to the above-Aanvionod exceptlaa I granted by The Regional Planning C0=19sion at Its Mooting of December 14i 1965, westiarly,"Ide of Diamond Bor DIA11 180D feet northeasterly of liowa .— d: 9— COMMISSIONERS ARTHUR J, BAUM GHAfRMAN Mks. L. S. BACA VICE-CHAIRMAN AL60N E. ABERNETHY LOUIS KANA6TER OWEN H. LEW16 1 IRMA RUTHER SECRETARY TO THE COMMISSION of tho 0X00#10m; That dari.Q. t e fifteen d period following your rvecipt of this lett4r, thla decision =a" Q ap ealed tc the Board Q Supervisors by writteo Oammunication and dep-osit of the aaaant n cessary to cover the cost of - pari a Arnastript of the JAM h h ring. Caution should be jee"Madcleed La making any expeaditures under the weptioa duriag this period* , f4'! "Fa n—s'. ';y,44r's'i_p^f_'t'_:.-k .q. ItO:}.:..e # Azu'— —31—:kf€ii (—;C—e— —v p "s :tio Miltoo breivogel, Armor of Plannin DMF:gr, 0- A Chief Deputy Director Sualacuree cez Wilding & 0"Guy; Clerk of the Boa I Z '119 Inforeament-7- "As WOW 39, culifornia Mr.'PhIT R0891, 1494 Won* AVOMU'alra. County Design DOW*" Comy Fire Apartment --i j0,O1OIX b0*046 VaLI apd vpjo ,Aoless It 1# used prior t This ymeep .x Tho jorojol La tho d*cLsion re 00 1*040ber 14, 1904 TO Ultom easing 0* X* Chrialowwwak Chief 00pay Airwatmoar LEGAL DESCRIPTION That portion of the Southeast quarter of Section 21, Town- ship 2 South, Range 9 West, San Bernardino Meridian, in the County of Los Angeles, State of California, described as follows: Commencing at a point in the center line of Diamond Boulevard 120.00 feet wide, distant thereon North 50009'00" East 1789.00 feet from the intersection with the center line of KIOWA CREST DRIVE, as shown on map of Tract No. 27979 recorded in Book 735 pages 73 to 77 of Maps records of said County; thence North 39051'00" West 461.82 feet; to the true point of beginning; thence South 50009'00" West 413.05 feet; thence along the following courses and distances: North 7025'02" East 16.52 feet; North 8048'04" East 141.65 feet; North 1009'09" East 158.87 feet; North 6040'39" West 77.29 feet; North 28032'24" West 58.90 feet; North 50009'00" East 136.50 feet and South 39051'00" East 347.14 feet to the true point of beginning.',. ZONE EXCEPTION CASE NO. 7949-(1) CONDITIONS 16 That applicant shall submit for approval of the Director of Planning, three copies of a revised plot plan showing develop- ment similar to that presented at the public hearing and incor- porating such of the following conditions as can be shown on a plan. The property shall thereafter be developed and maintained substantially in conformance with such approved revised plan; 2. That paved parking spaces for a minimum of 25 automobiles shall be provided on subject property; 3. That a chain link or ornamental fence not less than 5 feet in height be placed at the top of the slope of the premises, within the setback area, which area shall be landscaped; That a 42 inch masonry wall shall be constructed along the property border adjacent to areas used for parking; That the membership of the facility shall be limited to resi- dents of the adjoining tract (Tract No. 25049), and the use thereof limited to said persons and their guests only; 6. That there shall be no sale of alcoholic beverages on the premises at any time; 7. That provisions be made for all natural drainage to the satis- faction of the County Engineer. Drainage plans and two signed grading plans shall be submitted to the County Engineer, Design Division, for approval prior to grading or construction; 8. That applicant comply with requirements of the Forester and Fire Warden; 9. This exception shall not be effective for any purpose until the representative of the applicant for the use requested, on the property involved, has filed at the office of said Regional Planning Commission his affidavit stating that he is aware of and accepts all the conditions of this exception; 10. It is hereby declared to-be the intent that if any provision of this exception is held or declared to be invalid the exception shall be void and the privileges granted hereunder shall lapse; 11. It is hereby declared and made a condition of this exception that if any condition is violated or if any other law, statute or ordinance is violated the exception shall be suspended and the privileges granted hereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) 'days. DMF : LM: gl $ : ./ . j § \ \� : �`� q /\} |��q/\�& , t4~~-~' �------- [DIA1►I01'D BARN AGENDAPLANNING COMMISSION REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 Item No. 10.1 DATE: March 25, 2008 TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, AICP, Community Development Director SUBJECT: Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 - Minor Changes to Panda Express Building within Target Center, BACKGROUND: On April 10, 2007, the Planning Commission approved a 4,700 square foot commercial building. The approval included the design review of the building (DR 2007-11), the drive-thru for the cafe (MCUP 2007-07) and the reduction of the drive-thru lane from 12 to 11 feet (MV 2007-03). The applicant, Panda Restaurant Group, Inc., has completed grading and the building plan check process. However, they have not obtained their grading or building permit. Recently, Panda proposed to locate a bank in the building instead of a Panda Express restaurant. The proposed bank will occupy 3,600 square foot leased space, and Starbucks will occupy the remainder space. The City is disappointed that a bank is to occupy the building instead of quick sen✓ice restaurants. The City hoped that a quick service restaurant such as Starbucks, Panda Express, etc., created synergy with Target, Chili's and the nearby church. Because a bank is permitted by right, the City cannot deny the use. The bank will only need to do tenant improvements. The change from a restaurant to a bank require some minor changes to the shell building such as changing the storefront door to storefront glass, removing the Panda signs and their corporate pattern canopies. Staff has compared the changes to the building design and found it to be minor and does not require a new Development Review application. However, all conditions of approval as contained in Planning Commission Resolution No. 2007-21 will apply. RECOMMENDATION: Receive and File. Attachment: 1. Approved elevations 2. Revised Elevations LL 6 LL' LL O j8. x ujtt! I = :• 2e d /LL., a z 1 0 U w •d E L 1�i�t ' T d w 2 j �• U�� �• o � a F c g �ntl a H LUMEN G � i Gp�C)EN SPRCNG�� � 3 �I---------------------- Z . N, LL E Off C) Z Z w Lu w j Lul 0 z _ erre PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 Item No. 10.1 DATE: March 25, 2008 TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, AICP, Community Development Director SUBJECT: Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 - Minor Changes to Panda Express Building within Target Center. BACKGROUND: On April 10, 2007, the Planning Commission approved a 4,700 square foot commercial building. The approval included the design review of the building (DR 2007-11), the drive-thru for the cafe (MCUP 2007-07) and the reduction of the drive-thru lane from 12 to 11 feet (MV 2007-03). The applicant, Panda Restaurant Group, Inc., has completed grading and the building plan check process. However, they have not obtained their grading or building permit. Recently, Panda proposed to locate a bank in the building instead of a Panda Express restaurant. The proposed bank will occupy 3,600 square foot leased space, and Starbucks will occupy the remainder space. The City is disappointed that a bank is to occupy the building instead of quick service restaurants. The City hoped that a quick service restaurant such as Starbucks, Panda Express, etc., created synergy with Target, Chili's and the nearby church. Because a bank is permitted by right, the City cannot deny the use. The bank will only need to do tenant improvements. The change from a restaurant to a bank require some minor changes to the shell building such as changing the storefront door to storefront glass, removing the Panda signs and their corporate pattern canopies. Staff has compared the changes to the building design and found it to be minor and does not require a new Development Review application. However, all conditions of approval as contained in Planning Commission Resolution No. 2007-21 will apply. RECOMMENDATION: Receive and File. Attachment: 1. Approved elevations 2. Revised Elevations d0 S \ �-------- gOis ----2 , .• ����� r .« � ------------ - k -}---- - fc!f7---- @o ! § �&5a a :co !-1 m ,�� § M IMI \ |�ƒ § §■|§ / § k j3hi »\ �� � ��\ •!! A� ���| �� ( , ! . : 2 !|| t | E | < ©« � ■ � .. ■) � .,.� �: � ���.`�§ƒ ��� 7 � $ 25-1 a m- i Fy o f • � IIIA �1 O S! L O 69 7 O >M W J W F W w z 0 F - C/3 W - w 0 m w w �"?yw m 7 0 om EN ; z .. J z 'z E o LU o E-1 I ± j| § : . . 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I •d —eN— TY/Y' 6I[M.aZt ;' e' 0.•4 -°cc axe c+.e.•vr �1 e' n- •• iri rion-s% a w cbw5 aa;'i—•t—i, P—C—C I..rw. aw..ao... v .,, , a —a..—.. s=..00 • way V ri... i —.se a r•wrsx tao 4 E N°+—r G __ I-- i 4— p o w—1 ',•4<a1—O 0 Mme. -T ;11 k It I N f )I 1 Y I COOt SC H=pL/L °' «"F.s+h.wp, PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 Item No. 10.1 DATE: March 25, 2008 TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, AICP, Community Development Director SUBJECT: Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 - Minor Changes to Panda Express Building within Target Center. 9 BACKGROUND: On April 10, 2007, the Planning Commission approved a 4,700 square foot commercial building. The approval included the design review of the building (DR 2007-11), the drive-thru for the cafe (MCUP 2007-07) and the reduction of the drive-thru lane from 12 to 11 feet (MV 2007-03). The applicant, Panda Restaurant Group, Inc., has completed grading and the building plan check process. However, they have not obtained their grading or building permit. Recently, Panda proposed to locate a bank in the building instead of a Panda Express restaurant. The proposed bank will occupy 3,600 square foot leased space, and Starbucks will occupy the remainder space. The City is disappointed that a bank is to occupy the building instead of quick service restaurants. The City hoped that a quick service restaurant such as Starbucks, Panda Express, etc., created synergy with Target, Chili's and the nearby church. Because a bank is permitted by right, the City cannot deny the use. The bank will only need to do tenant improvements. The change from a restaurant to a bank require some minor changes to the shell building such as changing the storefront door to storefront glass, removing the Panda signs and their corporate pattern canopies. Staff has compared the changes to the building design and found it to be minor and does not require a new Development Review application. However, all conditions of approval as contained in Planning Commission Resolution No. 2007-21 will apply. RECOMMENDATION: Receive and File. Attachment: 1. Approved elevations 2. Revised Elevations CF DEVELOP 1cn0 WmRVnVS Gino telephone: 676 roc&, le: 626. EAST ELEVATION"0 SCALE: 3/16" V-0 REVISIONS: DRAWN BY: SOUTH ELEVATION . SCALE 3/16" - V-0" L 71 T -111F NORTH ELEVATION 07 SCALE: 3/16" = 1-0" CFT PROJECT C: ARCH PROJECT A: ARCHITECT: ITRA GROUP INC nry.—el w:... I eRe WeM1Ue, G 6116e lelk --T-, } Fu.: yyoa-es6-R71s 1-1;t weeR—e110V+0e CF PAINT (P21) BENJAMIN MOORE number: 2161-50 color: YELLOW SQUASH (LIGHT BEIGE) PAINT (P23) SHERWIN WILLIAMS number: 6059 color: INTERFACE TAN (MEDIUM TAUPE) PAINT (P25) SHERWIN WILLIAMS number: 6321 color: RED BAY (TONED RED) WEST ELEVATION 0 SCALE: 3/16" = I'-0" COMMERCIAL I cwc OF .an a f, 01 nFH OIP MONp 6/.R, 1 li S4 05]0'-0 I1111-01 15'-0' E26'-0' LANDSCAPE 0515'-0' LANDSCAPEI 4529'-0" \ 0 0 SHEETINDEX n —10 — PIi3I ! PROIOR 0.50 NANO 50wDO11II LP SITE INFORMATION TABLE: HAS Q IOM70: RC SRC M]W ]0,141 SO.rt, . 1050500 0 .. u0O, 15x IINLDSCAPE I azn]o MEOMNRF MF.k BA4C W)009E 4000 E4 R. NMwC M5I 00090 QPR]35: 1.9.0 S r.. EOOu00 1.000 5.r. RONL• 100 S.F. PWOMM 0000000: R57WRPwl: PONOO F 9 01 WO SIW0000; 507CF/ 100 63A 1000] 000 /100—]I 50N 5 SPI05 Iwoodll '15b.]' „51003 SPNSS—DIRp001) ROSOFA .] OOWE- I SPOOv 152 C IA uy0509 507.700 500055 011 60055 PCOOWFO • - 501[6 PWUlllc vROlnlu Iv 575 5 aY slrtlwci705s ] u3:]maz sPial PROJECT DIRECTORY 5091 ODE 00070 rwEY 75051 'u 5wM0 0105.5 OvE wx0oa a nne ul-n5-n5r Wlwrtcl: ss—s alww .le sw 1Lw.. ]w. Iwali9 ew, a nia VICINITY MAP NOT TO SCALE OFT DEVELOPMENT 1693 W7M01 Omer Ave. Im W,C.Nmm4 13ryM 1.v.;1505.719.0999 faolmis: 5if.]I1.B1eS REVISIONS: ISSUE OATS: DRAWN 6T: NW CPT PROJECTS: CT.07.CT551 ARLN PROJECT M. 060137 ARCHITECT: ITRA GROUP I NC. WAWOr CA 110515 ]ve-eves CFT COMMERCIAL BUILDING sWC or OOONO 0 COLDER SPRINGS 0101010 000.4 01705 A-0.® 811E PLAN CFT DEVELOPMENT 1Cfl3 Walrlr rl Cruve A' no" monk,—nniomle Yl]]0 ierep6ono: 621 *799.98! facelmlie: 626.372-821 EAST ELEVATION SCALE: 3/16" - V-0" 7 REVISIONS: Ak ISSUE DATE: Im PLANNING DI DRAWN BY: HW SOUTH ELEVATION SCALE 3/16" _ V-0" Ii NORTH ELEVATION SCALE 3118 " = i' -o" CFT PROJECT: CT -0 ARCH PROJECT M: 0602 ARCHITECT: ITRA GROUP INC. F.IAN 90.-F 8213 A E I GE - i PAINT (P21) BENJAMIN MOORE number: 2161-50 color: YELLOW SQUASH (LIGHT BEIGE) PAINT (P23) SHERWIN WILLIAMS number: 6055 color: INTERFACE TAN (MEDIUM TAUPE) CB LEDGERSTONE WEST ELEVATION 0 SCALE: 3/16^ - 1•-0" COMMFRCIAL BUILD .we or p I coot or....PPIN PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 Item No. 10.1 DATE: March 25, 2008 TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, AICP, Community Development Director SUBJECT: Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 - Minor Changes to Panda Express Building within Target Center. BACKGROUND: On April 10, 2007, the Planning Commission approved a 4,700 square foot commercial building. The approval included the design review of the building (DR 2007-11), the drive-thru for the cafe (MCUP 2007-07) and the reduction of the drive-thru lane from 12 to 11 feet (MV 2007-03). The applicant, Panda Restaurant Group, Inc., has completed grading and the building plan check process. However, they have not obtained their grading or building permit. Recently, Panda proposed to locate a bank in the building instead of a Panda Express restaurant. The proposed bank will occupy 3,600 square foot leased space, and Starbucks will occupy the remainder space. The City is disappointed that a bank is to occupy the building instead of quick service restaurants. The City hoped that a quick service restaurant such as Starbucks, Panda Express, etc., created synergy with Target, Chili's and the nearby church. Because a bank is permitted by right, the City cannot deny the use. The bank will only need to do tenant improvements. The change from a restaurant to a bank require some minor changes to the shell building such as changing the storefront door to storefront glass, removing the Panda signs and their corporate pattern canopies. Staff has compared the changes to the building design and found it to be minor and does not require a new Development Review application. However, all conditions of approval as contained in Planning Commission Resolution No. 2007-21 will apply. RECOMMENDATION: Receive and File. Attachment: 1. Approved elevations 2. Revised Elevations is Is 1— IS Iti' R26' -Os LANDSCAPE R17'-0 II R30'-0 RA I'-0 RETAIL 900 SF ELEC ROOM CONEJSIDEWALK o. kR IS' -0' PANDA EXPRESS 2,000 SF 36-1' LANDSCAPE 515'-0" 16-0" 1 14'-0" 11 1 1'-0" 15'-0' 11'-6" RIVE-THRU (NOOW STARI3UCKS 1,700 5F ORATE WAY LANDSCAPE SHEETINDEX SIR 11111 5 PROJECT DATA A -1.o 002150045 uxwmxs SITE INFORMATION TABLE: BRIE ISE M RE 515 AREA 1OsI55! I.R. US Irxoox 55]00, 9u Ellrq DAVE 21x45510[ 5.000 SO. R. wwnwe AvA, sm si. ro E DRRE59: 5500 S.r. 51IAB11IXV 1,]00 S.f. Rnxl: 5m s.r. rARW1E Rx00REO: 15s]llmun: rANUI ®5255 F SIMBIII 1 uAa/ Im 4515 xaoornml/ m"n u]cn sans Iwoow) 12 p -a,%4545-5 sans Ioumaal uaSRn:521 011111: SNII/ x50 DEA 000/x501. V21YS S1AEn Ioiq 51110 RLO1Rf0 5x.1.15 SrR[n eARIw� 154554510 a svxns ow s1RUwxuas x Artcmai 5000) PROJECT DIRECTORY: 50\(00101 ug5a rw2Y 151151 eu 01,0 no.(5K nswua a 5n>5 nam 5u5 ODSRm: RM qww 5G Rw.. a ovr5wo xq a 5na KCINI TY MAP NOT TO SCALE C F T DEVELOPMENT IS!) WSSw) 001000510. I.I,y5.w I021.]R5.5055 100,.51 nesrvexee REVISIONS: ISSUE DATE: OMWNOY: NW A-@.@ 911E PLAN SOUTH ELEVATION SCALE: 3116" - V-0" 1 PAINT (P21) BENJAMIN MOORE number: 2161-50 color: YELLOW SQUASH (LIGHT BEIGE) 1 /— ICI L11 PAINT (P23) SHERWIN WILLIAMS number: 6059 color: INTERFACE TAN (MEDIUM TAUPE) PAINT (P25) SHERWIN WILLIAMS number: 6321 color: RED BAY (TONED RED) EAST ELEVATION 0 SCALE: 3/16' = V-0" NORTH ELEVATION SCALE: 3/16" = i'-0" 1 wi— WEST ELEVATIONO SCALE: 3116" = i'-0" SOUTH ELEVATION SCALE: 3/16" = V-0" PAINT (P21) BENJAMIN MOORE number: 2161-50 color: YELLOW SQUASH (LIGHT BEIGE) 1 J PAINT (P23) SHERWIN WILLIAMS number: 6059 color: INTERFACE TAN (MEDIUM TAUPE) CB LEDGERSTONE EAST ELEVATION n SCALE: 3/16" = V-0" NORTH ELEVATION. SCALE 3/16" = 1-0 WEST ELEVATION. SCALE: 3/16" - V-0 CFT CEVALUI'MI NT 16/1 WA:BII C:uve Au 817)0 elq-6one: 636.]99.9891 l,cel m6e: 626.312.9281 ARCHITECT: ITRA GROUP INC. lel: 9y00 -860-9213 ®I' I-/ul WeFUwnwaon13 q GF1 COMMERCIAL I/UILO -C OF G... 6 GULDEN sP91N OII—MO IUB cA el] \\I X0,_0. // L/ a LANDSCAPE �R17- I RIVE-THRU INOOW —S7 1\ \ I 11-0-2 30- I R30' -o' R41.-0' ION LANDSCAPE R15' -U' LANDSCAPE II 040'-0' —MIUSCAPE SHEETINDEX - fIR PWi k Mm[m pfrl I1 -IA eut5lm ILLVlm5lf SITE INFORMATION TABLE: rmmc: Sc SSC Olk ISR96z sort. fm cv2— 15x Imm— wno) BA-DNG R1oxN119 HHJx kavc H151ea5 5555 w. n. RMSWC SrrA m SI. PHSR rIDSFSS: C,mC Er. H MOU515: m Sr. nnA— r'sm s.r. 005015 5550050: RF5llUnr3H: 1 ORSOSS HIO 510AIUL16: 1 20 IDJCT/ Im cIA—i3ma:ii5j//Ioo=s s:r�i jsouwn) IHSmIu IOIN IH'tf RFgl55A, t9 SGHU $PKO/ 050 CIA 5m 250.4 WYIE WOOFS 1001 LPOO6 P[OIM@. 990.90 fIIO6 nullorm PIIOWFP, ii SPMYS m Slrtl4wx5 I SrLls9HF IDH]:) PROJECT DIRECTORY: 0(LFIWDL IS] twit muff m HHJnn Mos — 55Y.uw, a tlrm 50]1501: 505 MOOT HC OSot 5 Yl 15 !OM 000101] 6'0I U InIS VICINITY MAP NOT TO SCALE Ij OFT DEVELOPMENT 1517 WHITII Cmvve RASH. reolmfe: ne.310.elee 4W REV15I0TIE 4 ISSUE DATE: DMVM SY: HW OFT PROJECT C: CT -01-07591 ARCH PRDJECT P. 050111 ARCHITECT: RRA GROUP INC. wlw arRi—c—iiiieiRfH s9e-591! m9 f irmNi ..k' RIP CFT COMMERCIAL BUILDING SWC or 50100 k Sm0(0 SPRINGS 0115000 OAR, U t1Tt5 A -OD um PLAN CF DEVELOP lOr '%W,:,,1C nvn TeIer„one: 62fi rocnw* 520 SOUTH ELEVATION , SCALE: 3116” - 1'-U" PAINT (P21) BENJAMIN MOORE number: 2161-50 color: YELLOW SQUASH (IIr:HT RPIr P PAINT (P23) SHERWIN WILLIAMS number: 6059 colur. INTERFACE TAN (1,I....... TAI IOC) PAINT (P25) SHERWIN WILLIAMS number: 6321 color. RED BAY r FAST FI FVATION SCALE 3116" = V -U" NORTH ELEVATION SCALE: 3116" - V-0" I WEST ELEVATIONO SCALE: 3116" = V-0" DRAWN BY: CFT PROJECT #: ARCH PROJECT #. ARCHITECT: ITRA GROUP INC WNnX, CA 91100 n e Tai: 99909-860-0212 [ibt AUAP1 7Apmn2 ! CI" COMMERCIAL I SWC OF UUn', o^ u nA, I LM SOUTH ELEVATION 0 scALE; an a• = r_o• 3 —i— PAINT (P21) BENJAMIN MOORE number: 2'IG1-50 color: YELLOW SQUASH (LIGHT BEIGE) I i^ 1 _J 0 PAINT (P23) SHEI2WIN WILLIAMS number: 6058 color: INTERFACE TAN (MEDIUM TAUPE) -- •"^,1 CB LEDGERSTONE 0 EAST ELEVATION 0 SCALE: 3/18" = 1'-C• 7 NORTH ELEVATION 0 SCALE 3/1 B" = i'-0" 2 WEST ELEVATION 0 scnLE: a/16• - 1•-0• — ITRA GROUP INC. .,i.,,, d„"> _ ro.: yoa-eso-az e (—iat A enl—m"-- -I ewc ov ject Meeting Schedule -ch 25, 2008 .ANNING COMMISSION REVIEW PROJECTS CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT Project Location Case # PM Applicant PC CC PC CC PC CC 3/25/08 4/1/08 4/8/08 4/15/08 4/22/08 5/6/08 909 LAZY TRAIL DR 2007-13 DA B&D CONTRUCTION; (Cont. Idition to Single Family Residence MCUP 2007-08 ANKUR SHAH PH) 30 CASTLE ROCK DR 2008-41 AJL RICHARD KWON PH ne story addition) MCUP 2008-19 73 MAPLE HILLS CUP 21008-03 DA YMCA OF POMONA VALLEY PH hange Ownership - Diamond Bar Is Club) .09 BREA CANYON CUP 2008-02 DA SPOTCOLOR INSTITUTE PH .525 PALOMINO DR 2008-43 AJL ROI CUISINE OF CHINA PH .estaurant MCUP 2008-20 )MINISTRATIVE REVIEWS Project Location Case # PM Applicant DNE ENDING PROJECTS Project Location Case # PM Applicant Status 2878 CANYON VIEW DR 2007-38 DA BILLY CHUNG APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING FOR ADDITIONAL INFORMATION ITYWIDE DCA 2006-01 AJL DEVELOPMENT CODE PROCESSING AMENDMENT LEAR CREEK CYN/ TTM 06166 AJL AKBAR OMAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING IONUMENT CYN TM 2005-02 FOR ADDITIONAL INFORMATION TO COMPLETE THE INITIAL 5 -lot single family residential STUDY 196 DIAMOND BAR BLVD. CSP 2007-01 AJL BANK OF AMERICA APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING Signs) FOR ADDITIONAL INFORMATION 803 DIAMOND BAR BLVD. MCUP 2007-17 AJL CC & Y CORP. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING 5habu Shabu Station - on site beer FOR ADDITIONAL INFORMATION nd wine consumption) :3655 FALCONS VIEW DR 2006-02 LDM/AJL CHIEN YEH APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING Demo of and construction of new FOR ADDITIONAL INFORMATION .in le family residence) 159 GENTLE SPRINGS DR 2008 07 AJL EPIC DEISGN BUILDER APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING Addition to lobby of Best Western) FOR ADDITIONAL INFORMATION ?461 INDIAN CREEK DR 2006-39 DA JAY WALIA APPLICATION - WAITING New Single Family Residence) TP 2006-09 LEGEND PH = PUBLIC HEARING X = NON PUBLIC HEARING -oject Meeting Schedule CITY OF DIAMOND BAR Page 2 arch 25, 2008 COMMUNITY DEVELOPMENT DEPARTMENT ENDING PROJECTS (continued) roject Location Case # PM A licant Status APPLICANT NOTIFIED OF INCOMPLETE FOR ADDITIONAL INFORMATION 690 INDIAN CREEK DR 2007-12 LDM/AJL S & W DEVELOPMENT APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING clew Single Family Residence) MV 2007-02 FOR ADDITIONAL INFORMATION 502 RAZAK DR 2007-06 NF AWARD WINNING APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING Jew single family residence) DESIGN/LARIVEE FOR ADDITIONAL INFORMATION 3135 RIDGE LINE DR 2007-33 LDM/AJL PINNACLE BUILDING APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING STRUCTURE/ORTIZ FOR ADDITIONAL INFORMATION 3826 RIDGE LINE DR 2007-26 DA JOSE MORALES/LEE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING FOR ADDITIONAL INFORMATION 69 ROCK RIVER DR 2008-06 DA JUAN CONDE PROCESSING 151 RUSTY SPUR DR 2007-31 AJL PINNACLE BUILDING APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING New single family residence) STRUCTRUE FOR ADDITIONAL INFORMATION !i�V�IMI��N��I��NV�N�I��'qutlG Customer Coi aEXPRE.S.S Label 11 -F, April 2, EM L83 02874 US LIN'TEDS74TES POSTAL SERVICE. v. 1- PRINT) PHONE Post OfficeToAddresse F---- -- ---- - i IIIIIIIIII (IIIIIIIIII IIIIIIIIII ilillllll IIIIIIIIII IIIIIIIIII omer Coi CustLabel IIIIIIIIII 1111 11 -1:, April EX� -, RES S �M/�/L _ EM 068302891 US '- • UNI TED ST4rES POSTZIL SERVICE® Post OfficeTo AddressE PO ZIP Code Day of Delivery Postage g a • • • El Next 0 2nd ED �r,d bet p� Delivery Attempt Time 1:1 AM Employee Signature Date Accepted Scheduled Date Of Delivery Return Receipt Fee Mo. 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Ua nJ ❑ PM fadtlffon VEROF SIdN47UR (pomasNc Mall On - Orf Wdr alvarp{gyr„gr fe � �eaarW twee deny 14CCRiI merahendlse ln�unanor to " lxdressee oraddresa••'e agont(rfdelwery em •r1'to Da medevMhotit cbtalnlrq elGnettab. arttl tauthodze that do1vM' employee sig �atEi6ac�onrs�titf i �xlid� 1BR In aet:ur6 NODI LIVEHY�Week•rM �Hdldry. Jn ProorMdelwery. r an•tun wsepaA 'ilo.o.or TO: (PLE45E PRINT) r ,.. PHONE 1_ ] / L J :I• Customer Coi EXPRESS Label 11-r. April 2 M/1IL; UNITED ST4TES POSTdL SERVICE® Post OfficeTo Addresse • •• Delive • ry Attempt Time AM Employee Signature ouf' Cure '.. rery: ; r PNONE ( 1 I CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On March 25, 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 March 20, 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 March 20, 2008, at Diamond Bar, California. �A Stella Marquez Community Development Department �:'uffida�'itpustin�zdoc Page 1 of 1 Ann Lungu From: ,Jean DeVito [JDeVito@mtsac.edu] Sent: Tuesday, March 25, 2008 5:28 PM To: Ann Lungu Subject: Development review No. 2008-41 - conditional Use Permit No. 2008-19 Dear Ms. Lungu: I would like to have it go on record that I am very much against the request for the approval for a one-story addition at 2830 Castle Rock Road (Tract 25985, Lot 41; APN: 8285 -016-003) I believe it will damage the integrity of our tract and set a precedent that will encourage others to build higher and bigger. This tract is complete with all single story homes and it should remain that way. Thank you for your consideration of my request. Jean DeVito 21240 Silver Cloud Drive Diamond Bar, California 91765 3/25/2008 Oyy t?�