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HomeMy WebLinkAbout04/22/2008PLANNING FILE COPY COMMISSION AGENDA April 22, 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 29825 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 11 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. !-'lease retrain trom 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: infoO-ci diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, April 22, 2008 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2008-14 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Tony Torng, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recordinq Secretary (Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: April 8, 2008. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2008-07 - Under the authority of Development Code Section 22.48, the applicant is requesting approval to add approximately 1,112 square feet to enlarge the existing lobby of the Best Western Hotel in order to provide food service and additional offices. Project Address: 259 Gentle Springs Lane (APN: 8717-008-1888) Property Owner: Manish Patel, Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91741 APRIL 14, 2008 PAGE 2 PLANNING COMMISSION AGENDA Applicant: EPIC Design Build 1232 Monte Vista Avenue, #4 Upland, CA 91786 Environmental Determination: 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 (additions to existing structures of less than 10,000 square feet in urbanized areas). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2008-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2007-35/Minor Conditional Use Permit No. 2008-05 - Under the authority of Development Code Sections 22.48, 22.56 and 22.66, the applicant is requesting approval to convert an existing garage to 560 square feet of livable area, and add a 1,201 square foot four -car garage and tennis court in the rear yard. The Minor Conditional Use Permit approval is for maintaining the existing nonconforming front yard setback. The project site is developed with a two-story residence of 2,558 square feet with a two -car garage and swimming pool. Project Address: 2759 Steeplechase Lane (APN: 8713-018-012) Property Owner/ Dong Hong 2759 Steeplechase Lane Diamond Bar, CA 91765 Applicant: David Y. Hu 18071 Arenth Avenue City of Industry, CA 91748 Environmental Determination: 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 (additions to existing structures of less than 10,000 square feet in urbanized areas). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2007-35/Minor Conditional Use Permit No. 2008 05, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. - }tT C1� iMr•>ytll Slit APRIL 14, 2008 PAGE 3 PLANNING COMMISSION AGENDA 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION Thursday, April 24, 2008 COMMISSION MEETING: Government Center/SCAQMD CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: 11. ADJOURNMENT: Hearing Board Room 21865 Copley Drive Tuesday, May 6, 2008 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, May 8, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, May 13, 2008 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive by Fft r*Vww)od and is resdY W saw"" 2DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 8, 2008 CALL TO ORDER: Vice Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah and Vice Chairman Tony Torng Absent: Chairman Steve Nelson was excused. Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; David Alvarez, Planning Technician; Anthony Santos, Management Analyst; and Marcy Hilario, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of March 25, 2008. C/Lee moved, C/Nolan seconded to approve the March 25, 2008, Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None Lee, Nolan, VC/Torng None Shah Chair/Nelson APRIL 8, 2008 7 PAGE 2 aDA� r PLANNING COMMISSION PUBLIC HEARINGS: 7.1 Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03 — Under the authority of Development Code Section 22.66, the applicant requested approval of a one-year extension of time to the Planning Commission's original approval of an 829 square foot addition to an existing dwelling. The initial deadline for commencing construction of this project was March 28, 2008. PROJECT ADDRESS: 2605 Rising Star Drive Diamond Bar, CA 91765 PROPERTY OWNER/ Steven and Luzmaria Babbitt APPLICANT: 2605 Rising Star Drive Diamond Bar, CA 91765 PT/Alvarez presented staff's report and recommended Planning Commission approval of a one-year extension of time for Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03. There were no ex parte disclosures offered. VC/Torng opened the public hearing. With no one present who wished to speak on this matter, VC/Torng closed the public hearing. C/Shah moved, C/Lee seconded, to approve a one-year extension of time for Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007- 08, Findings of Fact, and Conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Shah, Lee, Nolan, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Chair/Nelson 7.2 Develo ment Review No. 2008-43 and Minor Conditional Use Permit No. 2008-03 — Under the authority of Development Code Sections 22.48, 22.42.080 and 22.10, Table 2-5, the applicant requested approval of architectural and landscape plans to remodel and make exterior improvements to an existing restaurant building. In addition, the applicant requested approval of a Minor Conditional Use Permit for the sale and on-site consumption of APRIL 8, 2008 PAGE 3 INJ PLANNING COMMISSION alcohol beverages in connection with a restaurant and, to construct an outdoor patio area. PROJECT ADDRESS PROJECT OWNER: APPLICANT: 23525 Palomino Drive Diamond Bar, CA 91765 AP Diamond Bar, LLC 310 Golden Shore #300 Long Beach, CA 90802 JS Foods, LLC 1320 Johnson Drive City of Industry, CA 91745 PM/Gubman presented staff's report and recommended Planning Commission approval of Development Review No. 2008-43 and Minor Conditional Use Permit No. 2008-03, Findings of Fact, and subject to conditions of approval as listed within the resolution. C/Lee asked if there was another business that served alcohol in the shopping center. CDD/Fong responded that in the center there is a bar, a restaurant, daycare, and real estate office. C/Nolan confirmed that Happy's Restaurant serves beer and wine only. C/Lee asked if there were restaurants in Diamond Bar that served alcohol in patio areas because he was concerned about an adverse impact to children. PM/Gubman said he could not recall a restaurant in Diamond Bar that served alcohol outside of its building; however, there are numerous restaurants in the surrounding cities that do serve alcohol in patio areas. ABC has stringent regulations with respect to the service of alcohol out of doors. CDD/Fong said she understood C/Lee's concern and suggested that a compromise would be to restrict the service of alcohol with food only and review the project within a year to determine whether any adverse incidents had arisen regarding the serving of alcohol within the patio area. C/Lee said that would not mitigate his concern because alcohol is a very dangerous thing. CDD/Fong reminded C/Lee that the Planning Commission needed to address the land use issue about whether there should be the service of alcohol both inside and outside in accordance with the Minor Conditional Use Permit. Without allowing the restaurant the option the City would have no way of measuring the impact, if any. PM/Gubman responded to C/Nolan that it is unknown at this time whether the patio will be a part of this project and the designated area would not affect the parking. APRIL 8, 2008 PAGE 4 PLANNING COMMISSION C/Shah said he previously understood that the outdoor was totally closed off from outside but he noticed that at one end there is an opening to the parking lot. He wanted to know how individuals would be restricted from walking out to the parking area with a drink in their hand. PM/Gubman said the applicant would be required to have a gate to any outside access. Also, the restaurant is subject to the ABC liquor licensing which precludes taking alcohol outside of the enclosed area. C/Nolan asked how the P.M. hours would differ from Sizzler's (the former tenant) and PM/Gubman said he did not know. VC/Torng thanked PM/Gubman for making his presentation via PowerPoint because for him it led to a clearer understanding of the proposal. He agreed with C/Lee that there would be a concern about serving alcohol because of prior bad experiences with other restaurants. However, the problem stemmed more from an entertainment atmosphere and one condition of this project is that no entertainment is allowed. CDD/Fong confirmed that there was no entertainment proposed for this upscale sit-down restaurant. There were no ex parte disclosures offered. Eugene Lawless, JS Foods, LLC, thanked staff and the landlord who is present this evening for their excellent support and help in launching this unique restaurant. East 180 is not a fusion or glitzy Las Vegas type restaurant; it is a Chinese Restaurant and it is grounded in the sensibilities of a good quality upscale casual restaurant. The hard liquor license will simply provide a convenience to the guests. The operating hours are not oriented to bar and nightclub hours. The restaurant proposed to close between 10:00 and 11:0.0 p.m. every evening. The project expects that alcohol will represent only about 13 percent of the total sales. In addition, the project proposes unique and interesting patio dining. Staff is oriented to providing a very upscale experience for its patrons. The applicant is very excited about being able to serve the underserved community of Diamond Bar and that it will provide a great opportunity to create a very unique type of dining experience that the applicant believes will help bring business to Diamond Bar. Rose Bacinski, Bacinski & Associates, stated that because this restaurant sits in the middle of a parking lot, the intent of the design for the patio is to be very inwardly focused. It will not be open to the outside with railings because there is not a great view out to the parking lot for customers to enjoy. Therefore, the project intends to offer an enclosed patio. The only exit from the patio to the APRIL 8, 2008 PAGE 5 PLANNING COMMISSION outside would be for emergency and handicap purposes. The patio is accessible to customers only from inside the restaurant. The ramp is an emergency exit for handicapped. She indicated that the applicant was comfortable with a one-year review of the alcohol service and had no problem with the conditions of approval. She asked to clarify Condition D 3 on page 11 because the applicant did not intend to restripe the entire parking lot because of its good condition. C/Lee asked if the applicant anticipated any adverse impact from selling alcohol in the patio area. Mr. Lawless said it would be difficult to conduct business in the patio area if alcohol was not served in that area. If the City disallowed alcohol service in the patio area the applicant would probably not build the patio because the service disconnect would disrupt the business. CDD/Fong recommended amending Condition D 3 on page 11 to state "project" area to ascertain that striping is not required for the entire parking lot area of the center. Ms. Bacinski asked that the condition refer to "the parking lot area adjacent to the restaurant. PM/Gubman suggested eliminating language about slurry and restriping to say that "the parking lot surface immediately adjacent to the building shall be in good repair at the time of occupancy." The applicant concurred. Dennis Loput, Jr., 310 Golden Shore #300, Long Beach, CA 90802, representing The Abbey Company, landlord for the site, said he was present to show support for the new tenant, JS Foods, LLC. Unfortunately,. The Sizzler was in a constant state of turmoil and was unable to maintain the premises to code. He asked that the Planning Commission remove the condition requiring removal of an abandoned sign pole under Section B 5 A. 6 because the sign pole was not abandoned. Sizzler vandalized the inside and stole the sign from the top of the pole and it is the landlord's intent to deliver the sign pole to a new tenant. Therefore, a requirement to remove the sign pole would devalue the property. PM/Gubman said that if it was the Commission's desire to do so the condition regarding removal of the sign pole could be deleted and staff would deal with the landlord regarding the issue of whether or not it was abandoned. At this point staff believes that it is abandoned and, therefore, has lost its non- conforming status. However, staff would not want to encumber this project during resolution of that issue. Mr. Lawless said he understood the landlord's position. For purposes of serving the new project the applicant does not see the sign post as central to the APRIL 8, 2008 PAGE 6 PLANNING COMMISSION restaurant. This project is a destination rather than an impulse location. It would provide a benefit to the restaurant; however, it would not be central to the restaurant's brand identity. Mr. Loput said that loss of a freeway sign impacts the value of the property beyond this tenant's use. CDD/Fong said that staff would agree to eliminate the condition for this specific project and work with the landlord to resolve the issue. VC/Torng closed the public hearing. C/Shah said he was excited about the project and welcomed the new business to the community. C/Lee said he was still concerned about alcohol being served in the patio area but he too was excited about the business. C/Nolan felt the project was a beautiful restaurant and was excited for the City and the residents. She liked the patio and had full confidence that all ABC rules would be followed. She felt that serving alcohol with food was very reasonable with the review in one year to help C/Lee feel comfortable with the project. C/Nolan moved, C/Lee seconded, to approve Development Review No. 2008- 43 and Minor Conditional Use Permit No. 2008-03, Findings of Fact, and subject to conditions of approval as listed within the resolution with the proposed change in language to Condition D 3 as stated by PM/Gubman, deletion of Condition A 6 and inclusion of requiring the service of food with alcohol in the patio area and a one-year review of the CUP. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS: Nolan, Lee, Shah, VC/Torng None Chair/Nelson 7.3 Conditional Use Permit No. 2008-02 — Under the authority of Development Code Sections 22.58 and 22.42, the applicant requested approval of a Conditional Use Permit (CUP) to operate an art studio within a lease space of 1600 square feet in an existing center zoned C-1 (Neighborhood Commercial). PROJECT ADDRESS: 3209 Brea Canyon Road, Suite B&C Diamond Bar, CA 91765 APRIL 8, 2008 PAGE 7 PROPERTY OWNER: APPLICANT: 2 DRAFT PLANNING COMMISSION Aaron Raphael 12400 Ventura Boulevard #238 Studio City, CA 91604 Soo Kim 2729 Saturn Street #A Brea, CA 92821 PT/Alvarez presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2008-02, based on the Findings of Fact, and subject to conditions of approval as listed within the resolution. There were no ex parte disclosures. VC/Torng opened the public hearing. With no one present who wished to speak on this matter, VC/Torng closed the public hearing. C/Lee moved, C/Shah seconded, to approve Conditional Use Permit No. 2008- 02, based on the Findings of Fact, and subject to conditions of approval as listed within the resolution. Motion carried by the following Roll Call Vote: AYES: COMMISSIONERS: Lee, Shah, Nolan, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Chair/Nelson 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shahsaid he was sorry he missed the last meeting and the Planners Institute. C/Nolan said the trip was good and there were many worthwhile sessions held during the Planners Institute. She offered to share training materials with C/Shah. VC/Torng thanked the Commissioners for a good meeting and discussion on tonight's items. He thanked staff for helping the Commissioners during the Planners Institute and hoped that the City would set a goal of "Going Green." APRIL 8, 2008 a 10 PAGE 8 PLANNING COMMISSION STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Moratorium - Issuance of Permits for Establishment of Amusement, Entertainment and Other Specified Congregation Uses. CDD/Fong reported that in February the City Council adopted an Urgency Ordinance establishing the moratorium in a commercial/office zone and recently extended the moratorium for an additional ten and one-half months. The moratorium allows the City time to study the matter and determine whether additional standards should be developed to regulate these types of uses. Only new businesses and not existing businesses would be affected. Staff is currently analyzing other city's codes to assist with establishing a code amendment for Planning Commission review and recommendation to City Council. 9.2 Public Hearing dates for future projects. CDD/Fong announced that due to lack of items for consideration the Commission may go dark for its April 22, 2008, regular meeting. If so, staff will inform the Commissioners in advance of the meeting date. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Torng adjourned the regular meeting at 8:04 p.m. Attest: Respectfully Submitted, Nancy Fong, Community Development Director Tony Torng, Vice Chairman PLANNING CONIMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.1 MEETING DATE: April 22, 2008 CASE/FILE NUMBER: Development Review No. 2008-07 PROJECT LOCATION: 259 Gentle Springs Lane (Lot 2 of Parcel Map No. 22987) (APN: 8717-008-188) APPLICATION REQUEST: Under the authority of the Development Code Section 22.48, the applicant is requesting approval for a first -story addition of approximately 1,112 square feet to enlarge the lobby of the Best Western Hotel to provide food service and additional offices. PROPERTY OWNER: Mr. Manish Patel Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91741 APPLICANT: EPIC Design Build 1232 Monte Vista Avenue, #4 Upland, CA 91789 STAFF RECOMMENDATION: Conditionally approve. DR 2008-07 Page 1 BACKGROUND: LM B. C. Site Description The project site is approximately 2.70 gross acres and is an irregular shaped lot. It is developed with a two-story hotel identified as the Best Western Hotel. The hotel is approximately 53,361 square feet and was built in 1988. There is a flood hazard easement at the rear of the property; however, construction will not occur in this easement. Project Description The proposed project consists of enlarging the existing hotel lobby by 1,112 square feet. The proposed addition will provide a dining room for the hotel with service and food preparation areas. The addition also includes a pool restroom, two storage areas, new offices and front desk area. Site and Surroundina General Plan, Zoning and Use ANALYSIS: A. Applications and Review Authority (Code Section 22.481 Because the proposed addition is considered an intensification of use and the addition can be viewed from the street, approval of a Development Review Application by the Planning Commission is required. 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 environment, and attracts the interests of residents and visitors as the result of consistent exemplary design. DR 2008-07 Page 2 General Plan Zone Applicable Uses Development Code Standards General Regional C-3 Hotel Commercial Commercial C C-3 NIA NIA N/A SR 57Freewa FSouth High Density R-3 RH ResidentialResidential (Max.Condominiums 20 Units Per/Acre) RH C C-3 C-3 Commercial West N/A N/A N/A SR 57Freewa ANALYSIS: A. Applications and Review Authority (Code Section 22.481 Because the proposed addition is considered an intensification of use and the addition can be viewed from the street, approval of a Development Review Application by the Planning Commission is required. 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 environment, and attracts the interests of residents and visitors as the result of consistent exemplary design. DR 2008-07 Page 2 Development Standards The comparison matrix below shows that the proposed project meets the development standards for the Regional Commercial (C-3) zoning district. 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 does not change the architectural style of the hotel building. The gable roof of the addition will have a 4.5:12 pitch that ties into the adjacent wall of the existing building. The window style, colors and materials used for the addition matches the existing building. Therefore, the proposed DR 2008-07 Page 3 Proposed Development Regional Commercial Development Meet Feature (C-3) Zoning District Standards for the Requirement Requirements Addition 117,612 square Yes (an existing legal Minimum lot area 10,000 square feet feet 2.70 acres lot of record Floor area ratio Hotel plus addition: Yes (FAR) 0.25 to 1.0 0.43 FAR Front yard setback 10 feet 41.92 feet Yes Side yard setbacks 10 feet 88 & 250 feet Yes 10 feet N/A addition is at N/A Rear setback the front of the existing buildin Building height 35 feet from Addition height - 18 from finished Yesfeet natural/finished grade de Landscaping area 15% (minimum) Yes 1 space for each guest - 173 Tspacesl room, plus 1 space for the hotel Hotel parking each 2 employees on the 2; Yeslargest shift, plus required equd:-124 spaces for accessory spaces uses 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 does not change the architectural style of the hotel building. The gable roof of the addition will have a 4.5:12 pitch that ties into the adjacent wall of the existing building. The window style, colors and materials used for the addition matches the existing building. Therefore, the proposed DR 2008-07 Page 3 addition is compatible with the existing hotel building, as well as other commercial buildings in the area. 3. Parkin In 2006, a final parcel map was approved and recorded for a three lot subdivision, which includes a parcel developed with a restaurant building (Lot1), the project site (Lot 2), and a vacant parcel (Lot 3). As a condition of approval, a reciprocal parking and access agreement for all three lots was also recorded, thereby allowing for shared parking and access. As a result, there is a combined total of 258 parking spaces for the hotel and restaurant, with the hotel lot containing 173 parking spaces and restaurant lot containing 85 parking spaces. Based on the Development Code, the hotel, located on Lot 2, requires 101 parking spaces, and with the proposed addition, 124 parking spaces are required. Lot 2 provides 173 parking spaces for the hotel. The restaurant, located on Lot 1, requires 79 parking spaces and 85 are provided. Without considering the reciprocal parking agreement, there is enough parking on each lot to accommodate each use. Therefore, staff finds that the parking provided is adequate for the existing uses including the hotel's proposed addition for food service and new offices. Because guests of the hotel sometimes park their semi trucks on Gentle Springs Lane, staff recommends that the applicant designate parking on the hotel lot for these trucks. Therefore, the applicant is proposing two parking spaces for semi trucks and one space for a semi truck with trailer in the row of parking adjacent to the rear and east property line. As a result, the site plan shows 11 parking spaces are needed for this purpose. However, staff is recommending that two more parking spaces be designated for the semi truck with trailer to allow for better maneuverability. Therefore, 161 parking spaces for the hotel and ancillary uses would be provided, which still substantially exceeds the minimum parking requirement as prescribed by the Development Code. 4. 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 showing the new landscaped areas for the City's review and approval. Said landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy. C. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. DR 2008-07 Page 4 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 include additions to existing structures that do not increase the floor area by more than 50 percent, or more than 10,000 square feet, whichever is less; both of these criteria apply to the proposed project. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Public hearing notices were mailed to approximately 171 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. RECOMMENDATION: Staff recommends No. 2008-07, based attached resolution. Prepared by: that the Planning Commission approve Development on the Findings of Fact and conditions of approval as listed n J.4uU' soc' to Planner Attachments: 1. Draft Resolution 2. Aerial 3. Exhibit "A" - site plan, dated April 22, 2008; Review within the Reviewed by: Greg Gubman, AICP, Planning Manager floor plan, roof plan, elevations and landscape/irrigation plan DR 2008-07 Page 5 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2008-07 AND CATEGORICAL EXEMPTION, FOR A REQUEST TO ADD 1,112 SQUARE FEET TO ENLARGE THE LOBBY OF AN EXISTING HOTEL TO PROVIDE FOOD SERVICE AND ADDITIONAL OFFICES AT 259 GENTLE SPRINGS LANE - APN: 8717-008-188. A. RECITALS. The property owner, Mr. Manish Patel of Ratan Hospitality, LLC and applicant, EPIC Design Build, have filed an application for Development Review No. 2008-07 for a property located at 259 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 171 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 April 22, 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 the CEQA Guidelines promulgated thereunder. Exemptions under Class 1 include additions to existing structures that do not increase the floor area by more than 50 percent, or more than 10,000 square feet, whichever is less; and interior or exterior alterations; both of these criteria apply to the proposed project. 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 orthe 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 prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is General Commercial (C). This land use designation allows hotels, motels, shopping centers with mixed uses including restaurants. The existing hotel with the proposed addition to enlarge the lobby and provide food service and business offices is in compliance with the General Plan. The project site is in the Regional Commercial (C-3) district. As prescribed in the Development Code, the development standards of the C-3 zoning district apply to the project site. The proposed project, which includes a one-story addition of approximately 1,112 square feet to enlarge the lobby of an existing hotel to provide food service and additional offices meets all the development standards of this zoning district as illustrated in the staff report The proposed addition does not change the architectural style of the hotel building. The gable roof of the addition will have a 4.5:12 pitch that ties into the adjacent wall of the existing 2 Development Review No. 2008-07 building. The window style, colors and materials used for the addition matches the existing building. Therefore, the proposed addition is compatible with the existing hotel building, as well as other commercial buildings in the area. (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. Construction of a 53,361 hotel building was processed by Los Angeles County in 1988. With the approval and construction of the proposed project, the hotel use is retained and the layout of the project site is not changed. The 1,112 square foot addition enlarging the hotel lobby and providing food service for hotel guest is not expected to increase or create traffic or pedestrian hazards. The proposed addition will enhance the enjoyment of the hotel guest. Furthermore, the proposed project meets the development standards of the C-3 zoning district even though the project involves an existing building. (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 C-3 zoning district and the City's Design Guidelines. As a result, the proposed addition is compatible with the characteristics of the commercial area 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 3 Development Review No. 2008-07 aesthetically appealing while offering variety in color and texture and a low level of maintenance. (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. 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 plan check submittal, applicant shall submit a revised site plan delineating the parking area designating nine spaces for the semi truck with trailer and method of labeling all required truck parking for Planning Division approval. 2. Applicant shall obtain a business license from the City prior to final inspection or issuance of Certificate of Occupancy. The business license shall be displayed in a conspicuous place within the hotel. 3. Prior to plan check submittal, applicant shall submit details for the proposed handicapped ramp for Planning Division approval. 4. Prior to the issuance of a construction permit, applicant shall submit a landscape and irrigation plan showing the new landscaped areas for the City's review and approval. Said landscaping plan shall delineate plant species, size, location and quantity for Planning Division approval. Landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy. 4 Development Review No. 2008-07 5. Prior plan check submittal, the applicant shall submit details for the trash and recycle bin enclosure for Planning Division approval. The enclosure shall meet City standards and be completed prior to final inspection or Certificate of Occupancy issuance. B. Building and Safety Division 1. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 2. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 3_ Project shall comply with all Accessibility Code requirements including accessible parking, path of travel, etc. 4. Occupancy load of every room shall determine exiting and restroom requirements. 5. Applicant shall submit a total of five full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 6. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials shall hauled and processed by a City franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval shall be required prior to the issuance of a demolition permit. 7. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation belowthe natural or finished grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. C. Public Works Department Applicant shall update the City on the status of the Street Lighting Plan approval, annexation, and installation. 5 Development Review No. 2008-07 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. Manish Patel, Ratan Hospitality, LLC, 1205 W. Sierra Madre Avenue, Glendora, CA 91741 and EPIC Design Build, 1232 Monte Vista Avenue, #4, Upland, CA 91789. APPROVED AND ADOPTED THIS 22ND OF APRIL 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 01 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 22nd day of April 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 6 Development Review No. 2008-07 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2008-07 SUBJECT: 1,112 square foot addition Restaurant Structure PROPERTY OWNER: Mr. Manish Patel/Ratan Hospitality, LLC APPLICANT: EPIC Design Build LOCATION: 259 Gentle Springs Lane 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. 2008-07 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 7 Development Review No. 2008-07 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. 2008-07 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school 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. Property ownerlapplicant shall remove the public hearing notice board within three days of this project's approval. 13. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. 8 Development Review No. 2008-07 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. 2008-07 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit A dated April 8, 2008, including: site plan, floor plan, architectural elevations, materials and colors board and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. All roof mounted equipment shall be screened from public view. 3. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 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 9 Development Review No. 2008-07 solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Submit detailed plans showing location, orientation, dimensions, gates, pedestrian entry, and trash and recycling bin placement. 4. Provide adequate capacity for a central trash enclosure to be equipped with recycling receptacles. For every trash bin needed (3 CY or 6 CY), there must be enough space for an equivalent 3 cubic yard recycling bin (51 "H x 81 "W x 42"D) shown on the plan as a one to one (1:1) ratio. 5. Provide metal gates for the trash enclosure. Chain link with wood slats are not acceptable material for gates. 6. The exterior design, materials and colors for the trash enclosure shall be compatible to the building architectural style. 7. Trash enclosure shall be of decorative material such as stucco, plaster, split face block or other material as approved by Community Development Director. Chain link with wood slats or precision block is not acceptable. 8 Enclosure areas must have drainage from adjoining roofs and pavement diverted around the area to avoid flow-through. Trash enclosure drainage should be directed to vegetated areas where feasible. 9. Enclosure areas must be walled to prevent offsite transport of trash. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 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 handouts. 10 Development Review No. 2008-07 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 six foot -high chain link fence.__ All access points in -the defense shall be locked whenever the construction site is not supervised. B. Drainage 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. 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 exteriorwall. 11 Development Review No. 2008-07 b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 114 inch or more than 112 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. 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. 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.) 10. Applicant shall obtain environmental waste permits. 11. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot; b. Each building height; C. Type of construction; d. Sprinkler system; e. Each group occupancy; f. Property line location in relation to each building (side yard); g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.); h. Accessibility analysis for the entire site and for each building; and i. Shaft rating/ exterior walls construction/ opening protection 12 Development Review No. 2008-07 APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. Development Review No. 2008-07 Document Title Page 1 of 1 u N A) N A u U U U u Ulu 11 71 -1 11) n -I -n n 1 11 11 I m m m m-, m U U U U U U 0 U U U U (� c� < U) '{l 'D z / �� D D N (D 'n 'UI I- z Gl x li X X FJ I- 1n D I A U W -u U U Z 61 1 <Z 1 r 1A r_ U DLi S A)L Ar IA 1 -�_ mom. Fi N. 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(909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.2 MEETING DATE: April 22, 2008 CASE!FILE NUMBER: Development Review No. 2007-35 and Minor Conditional Use Permit No. 2008-05 PROJECT LOCATION: 2759 Steeplechase Lane (Lot 40, Tract 30289) (APN: 8713-018-012) APPLICATION REQUEST: Under the authority of Development Code Sections 22.48, 22.56 and 22.68, the applicant is requesting approval to convert an existing garage to 560 square feet of livable area and add a 1,016 square -foot four -car garage and tennis court in the rear yard. The Minor Conditional Use Permit approval is required to maintain the existing nonconforming front yard setback. PROPERTY OWNER: Ms. Dong Hong 2759 Steeplechase Lane Diamond Bar, CA 91765 APPLICANT: Mr. David Y. Hu 18071 Arenth Avenue, City of Industry, CA 91748 STAFF RECOMMENDATION: Conditionally approve. DR 2007-35/MCUP 2008-05 Page 1 BACKGROUND: A. Site Description The project site is located in a gated community identified as the Country Estates. The subject lot is approximately 1.27 acres (55,250 square feet) and is rectangular in shape. It is developed with a two-story residence of approximately 2,558 square feet with a three -car garage, retaining walls and swimming pool. In the rear of the project site, there is a sewer and flood hazard easement. B. Project Description The proposed project consists of converting the existing garage into 560 square feet of livable area to be used as a bedroom with bathroom. Since the garage is being converted to livable area the existing driveway to the garage will be removed. A new walkway and landscaping is proposed in the existing driveway area. Because of the garage conversion, a four -car garage is proposed in the rear year and the existing driveway to the rear yard will be used as access to this garage. A tennis court with fencing and lighting is also proposed in the rear yard. C. 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 front yard setback. DR 2007-35/MCUP 2008-05 Page 2 General Plan Zone Applicable Uses Development Code Standards Project Site Rural Residential Single -Family RR Residential Max. 1 DU/Acre Residential -Min. (RR) Lot Size 20,000 square feet R-1-20,000 North RR R-1-20,000 RR Residential South RR R-1-20,000 RR Residential East RR R-1-20,000 RR Residential West General Neighborhood C-2 Commercial Commercial (C) Business (g-j2t I 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 front yard setback. DR 2007-35/MCUP 2008-05 Page 2 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 environment, 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 meets the development standards for the RR zoning district, except for the interior width of the proposed garage. Additionally, the proposed project has the approval of the Country Estates architectural committee. Development RR Zoning District Proposed Meet Requirement Feature Requirements Yes (an existing legal Minimum Lot Area 1 acre 1.27 acres lot of record Residential Density_ 1 single-family unit 1 single-family unit Yes Front yard setback 30 feet 26 feet (existing) Yes (nonconforming existing legal lot of record Side yard setbacks 10 & 15 feet 14 & 20 feet Yes Separation between 25 feet 40 & 50 feet for each side Yes adjacent residences Rear setback 25 feet 200 feet plus Yes Building height 35 feet from 28 feet from Yes natural/finished grade finished grade Lot coverage 30% (maximum) 6% Yes Front yard 50% (minimum) 71% Yes landscaping Parking Two -car garage Four -car garage Yes (minimum) Two parking spaces in tandem Garage 20 X 20 feet 18.5 X 54 feet No DR 2007-35/MCUP 2008-05 Page 3 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 560 square foot of garage conversion to livable space does not change the existing architectural style of the residence. However, it changes the size of the residence from 2,558 to 3,118 square feet and removes the garage doors and replaces them with two windows that match the style of the residence's existing windows. The stucco color, tile roof and wood trim color and style will match existing. Additionally, the proposed garage will match the existing residence's architectural style, colors and materials. However, a flat roof is proposed for a section of the garage roof. Staff recommends that the flat roof change to a pitched roof which is compatible with the section of the garage roof that is pitched, as well as the existing residence. With this recommendation, staff finds that the proposed project will be consistent with the subject residence and other residences in the Country Estates which are diverse in size, style, and colors, and materials used. 3. Garage Conversion At a minimum, a single-family residence shall provide a two -car garage with minimum interior measurements of 20 feet by 20 feet. Since the applicant is proposing to convert the existing garage into livable space, a four -car garage with two parking spaces in tandem is proposed in the rear yard. A driveway exists from the street to the proposed garage; however, due to the length of the driveway (approximately 200 feet) a 9 foot wide turn -around area is proposed adjacent to the driveway and near the garage entrance so that vehicles can enter and exit the driveway in a forward direction. The proposed four -car garage meets the code requirements related to setbacks and height but exceeds the maximum allowed area of 1,000 square feet for a detached garage. Also, the interior width needs to increase from 18.5 to 20 feet. Therefore, the applicant is required to adjust the garage location in order to provide an interior width of 20 feet and not encroach into the 10 foot wide sewer easement and reduce the garage area so it does not exceed 1,000 square feet. 4. Tennis Court A tennis court, which meets the required setbacks, is also proposed in the rear yard with a stucco faced block seating bench. To create the tennis court pad, 260 cubic yards of fill is needed. Because the tennis court is proposed in a DR 2007-35/MCUP 2008-05 Page 4 flood hazard area, the applicant is required to provide a complete hydrology and hydraulic study for the review and approval of the City Engineer and Los Angeles Public Works Department. Furthermore, prior to the issuance of any City permits, the applicant is required to provide details of the tennis court fencing and lighting to the Planning Division for review and approval. Landscaping A final landscape and irrigation plan was not submitted with this project's application. However, all landscaping and irrigation damaged or destroyed in the front yard shall be replaced 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 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 nonconformities may be continued to secure safety or when advantages through improved architecture are met. The required front yard setback in the RR zoning district is 30 feet. The subject residence is considered nonconforming because the existing front yard setback is 26 feet. Staff finds the request to be appropriate in that the applicant is requesting to maintain the existing front setback and convert the existing garage to livable area and make architectural improvements to the addition area. Furthermore, it is not unusual for front yard setbacks to be less than 30 feet in the Country Estates due to previous code requirements. 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. DR 2007-35/MCUP 2008-05 Page 5 NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Public hearing notices were mailed to approximately 47 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. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2007-35 and Minor Conditional Use Permit No. 2008-05, based on the Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: Anp J. LuKgu&AssoTte Planner Attachments: Reviewed by: Greg Gubman, AICP, Planning Manager 1. Draft Resolution 2. Covenant and Agreement to Maintain a Single -Family Residence 3. Aerial 4. Exhibit "A" - site plan, floor plan, roof plan and elevations dated April 22, 2008 DR 2007-35/MCUP 2008-05 Page 6 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-35, MINOR CONDITIONAL USE PERMIT NO. 2008-05 AND CATEGORICAL EXEMPTION, FOR A REQUEST TO CONVERT AN EXISTING GARAGE TO 560 SQUARE FEET OF LIVABLE AREA AND CONSTRUCT A FOUR -CAR GARAGE AND TENNIS COURT IN THE REAR YARD AT AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 2759 STEEPLECHASE LANE - APN: 8713-018-012. A. RECITALS. The property owner, Ms. Dong Hong, and applicant, Mr. David Y. Hu have filed an application for Development Review No. 2007-35 and Minor Conditional Use Permit No. 2008-05 for a property located at 2759 Steeplechase Lane, 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 47 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 April 22, 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 from the provisions of the California Environmental Quality Act (CEQA), under Class 1, Section 15301(e) of the CEQA 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 orthe 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 Rural Residential-Maximuml DU/AC (RR). This General Plan designation allow for lot of one acre or more for the development of a single-family residence. The project site is an existing legal lot of record which is 1.27 acres 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-1-20,000- Minimum Lot Size 20,000 Square Feet zoning district. As prescribed in the Development Code, the development standards of the RR zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report except for the nonconforming front yard setbacks which require approval of a Minor Conditional Use Permit. (See Minor Conditional Use Permit and Nonconforming findings discussed below.) The proposed 560 square foot of garage conversion to livable space does not change the existing architectural style of the residence. However, it changes the size of the residence from 2,558 to 3,118 square feet and removes the garage doors and replaces them with two windows that match the style of the residence's existing windows. The stucco color, tile roof and wood trim color and style will match existing. Additionally, the proposed garage will match the existing residence's architectural style, colors and materials. As a result, staff finds that the proposed project is consistent with the subject 2 Development Review No. 2007-35 residence and other residences in the Country Estates which are diverse in size, style, and colors, and materials used. (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 RR 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 while offering variety in color and texture and a low level of maintenance. (5) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. 3 Development Review No. 2007-35 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 garage conversion to 560 square feet of livable area and construct a tennis court and four -car garage in the rear yard is allowed within the RR zoning district. According to the development standards matrix in the staff report, the proposed project complies with all applicable Development Code standards for the RR zoning district except for the nonconforming front yard setback which is a minimum of 26 feet located in the area in front of the garage conversion. 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 applicant is requesting to maintain the 26 foot front yard setback where the garage conversion will occur in order to add 560 square feet of livable area. The proposed addition, four - car garage and tennis court will improve the subject property even with the nonconformity. Furthermore, it is not unusual for front yard setbacks to be less than 30 feet in the Country Estates due to previous code requirements. Therefore, staff finds that approving the Minor Conditional Use Permit as described above is appropriate for this project. (2) The proposed use is consistent with the General Plan and any applicable specific plan. 4 Development Review No. 2007-35 As discussed in Development Review Finding (1) above, the proposed project is consistent with the General Plan. There is no applicable specific plan for the 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, and Minor Conditional Use Permit Finding (1) 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 RR zoning district. The project site will maintain the existing use of a 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. C. Nonconforming Front Yard Setback (1) The proposed project is compatible with other structures in the neighborhood. 5 Development Review No. 2007-35 The proposed 560 square -foot conversion of garage area to livable space does not change the existing architectural style of the residence. However, it changes the size of the residence from 2,558 to 3,118 square feet and removes the garage doors and replaces them with two windows that match the style of the residence's existing windows. The stucco color, tile roof and wood trim color and style will match existing. Additionally, the proposed garage will match the existing residence's architectural style, colors and materials. Furthermore, it is not unusual for front yard setbacks to be less than 30 feet in the Country Estates due to previous code requirements. As a result, staff finds that the proposed project is consistent with the subject residence and other residences in the Country Estates which are diverse in size, style, and colors, and materials used. (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 the nonconforming front yard setback, 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, 6 Development Review No. 2007-35 the proposed 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 Prior to final inspection or Certificate of Occupancy, the applicant shall replace any landscaping and irrigation destroyed or damaged in the front yard. 2. Prior to plan check submittal, the applicant shall submit a revised site plan and floor plan for the proposed four -car garage showing that the garage in not located in the sewer easement, interior width measurement is 20 feet and the total square footage of the garage does not exceed 1,000 square feet. 3. Prior to plan check submittal, the applicant shall submit a detail of the tennis court lighting and fencing for Planning Division review and approval. 4. The proposed flat roof of the garage is prohibited. Priorto plan check submittal, the applicant shall submit a revised elevations and roof plan showing a pitched garage roof that is compatible with the existing residence and the proposed roof section of the garage that is pitched. b. Public Works Department Prior to the issuance of a grading permit, the applicant shall submit a complete hydrology and hydraulic study, prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. C. 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. 7 Development Review No. 2007-35 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. In order to accurately monitor and report all construction, debris generation and diversion activities, all materials shall be hauled and processed by a City franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Additionally, Southern California Air Quality Management District (SCAQMD) approval and clearance shall be required prior to issuance of a demolition permit. 8. Applicant shall submit five full sets of plans, including the grading plan, to the Building and Safety Division afterthe 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 Walnut Valley Unified 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. 11. To eliminate safety hazards on existing pools and spas and in accordance to the Health and Safety Code, Section 115928(d), the applicant shall install anti -entrapment cover whenever a building permit is issued for all remodeling or modification at a single-family home. 8 Development Review No. 2007-35 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: Ms. Dong Hong, 2759 Steeplechase Lane, Diamond Bar, CA 91765 and Mr. David Y. Hu, 18071 Arenth Avenue, City of Industry, CA 91748. APPROVED AND ADOPTED THIS 22ND OF APRIL 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 22nd day of April 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 9 Development Review No. 2007-35 'T COMMUNITY DEVELOPMENT DEPARTMENT <ly.ikvi K.h� .say STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-5 and Minor Conditional Use Permit No. 2008-08 SUBJECT: Convert an existing garage to 560 square feet of livable area and construct a four -car garage and tennis court in the rear yard PROPERTY OWNER: Ms Dong Hong APPLICANT: Mr. David Y. Hu LOCATION: 2759 Steeplechase Lane ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2007-35 and Minor Conditional Use Permit No. 2008-05 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. 10 Development Review No. 2007-35 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-35 and Minor Conditional Use Permit No. 2008-05 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3.. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of 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. `.i. 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 �. 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. I 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 commerciallinstitutional 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 Development Review No. 2007-35 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits 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. 2007-35 and Minor Conditional Use Permit No. 2008-05 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 April 22, 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 12 Development Review No. 2007-35 during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 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. >_. 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 six 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. 13 Development Review No. 2007-35 C. Soils Report/Grading/Retaining Walls Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 8. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 9. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 10. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 14 Development Review No. 2007-35 11. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. 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. 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. 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. 15 Development Review No. 2007-35 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 10. A height survey may be required at completion of framing. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 16 Development Review No. 2007-35 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 COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE DEVELOPMENT REVIEW NO. 2007-35/MINOR CONDITIONAL USE PERMIT NO. 2008-05 The undersigned hereby certify that Dong Hong is/are the owner(s) of the hereinafter described real property located at 2759 Steeplechase Lane in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 40 of Tract No. 30289 Assessor's Book and Parcel Number APN: 8713-018-012 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. lz DATED: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of , 2008 before Public in and for said State, personally appeared personally known to me (or proved to me on the basis the person(s) whose name(s) is/are subscribed to acknowledged to me that authorized capacity(ies), and that by on the instrument the person(s) or the entity upon behal executed the instrument. me the undersigned Notary of satisfactory evidence) to be the within instrument and executed the same in signature(s) f of which the person(s) acted, WITNESS my hand and official seal. 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No. TO: (PLEASE PRINT) PHONE ( 1 r I J I L II�I�NIIIIIIIIIIIVIIIVIIIIIIIIIhII�Allllllllllll ,�- `�';�^E_= '"� EM 068302959 US M PO ZIP Code Day of Delivery Postage Ili ❑ Next ❑ 2nd ❑ 2nd Del, Day Scheduled Date of Delivery Return Receipt Fee Data Accepted dd.. Month Day $ Ma. Day Year Scheduled Time of Delivery COD Fee Insurance Fa Time Accepted ❑ ❑ UNITEDSTATES POSTAL SERVICEa Post Office7b Addressee ❑ AM Noon 3 PM Mo. Day ❑ PM Military Total Postage & Fees WAIVER OF SIGNATURE y) ❑pM (Domesn'c Mai/On/ AddWonal merchandlw lnwraneeV dd� of d�.w - Df slgnedre.Ia requeeted:l wish delHeryto Ua made wthout ohtalMng signature Flat Rate �or Weight 0 2n Day El 3rd Day W of atldressea or addressee's egent(if delivery emDloyeejudges thataWde cen ba bR In secure location) and l autlwrize that delivery: employee' ap smutes vend proal of delivery Int'( Alpha Country Code Acceptance Et Initials ,- NO DELIVERY D Weekend . Monday lbs. ozs. ' wSlgnaUlre=. ,.I. METHOD OF PAYMENT: Eeon- MDI Corporate Ace;. No. - Federal Agency AUL N. or Postal SerNce Acct. No. FROM: (PLEASE PRINT? PHONE( .r �) l TO: (PLEASE PRINT) r PHONE I r Yr J L J L M Delivery Attempt Time ❑ AM Employee Signature Mo. Day ❑ PM Delivery Attempt Time ❑ AM Employee Signature Mo. Day n PM Delivery Date Time ❑ AM Employee Signature ❑ AM Noon 3 PM Mo. Day ❑ PM Military Total Postage & Fees WAIVER OF SIGNATURE y) ❑pM (Domesn'c Mai/On/ AddWonal merchandlw lnwraneeV dd� of d�.w - Df slgnedre.Ia requeeted:l wish delHeryto Ua made wthout ohtalMng signature Flat Rate �or Weight 0 2n Day El 3rd Day W of atldressea or addressee's egent(if delivery emDloyeejudges thataWde cen ba bR In secure location) and l autlwrize that delivery: employee' ap smutes vend proal of delivery Int'( Alpha Country Code Acceptance Et Initials ,- NO DELIVERY D Weekend . Monday lbs. ozs. ' wSlgnaUlre=. ,.I. METHOD OF PAYMENT: Eeon- MDI Corporate Ace;. No. - Federal Agency AUL N. or Postal SerNce Acct. No. FROM: (PLEASE PRINT? PHONE( .r �) l TO: (PLEASE PRINT) r PHONE I r Yr J L J L M f: CIT-TOF DIAMOND BAR -S NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On April 22, 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 April 18, 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 April 21, 2008, at Diamond Bar, California. Stella arquez Community De lopent Department g:A\ttftidavitpostin g.doc