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
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(DIA�1'I01�'D BA�u�
PLANNING COMMISSIONAGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (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
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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.
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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.
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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.
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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.
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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.
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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.
Notary Public in and for said State
Document Title
Page 1 of 1
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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