HomeMy WebLinkAbout07/14/2009PLANNING FILE COPY
COMMISSION
AGENDA
July 14, 2009
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
Tony Torng
Steve Nelson
Kwang Ho Lee
Kathleen Nolan
Jack Shah
Copies of staff reports or other written documentation relating to agenda items are on
file in the Planning Division of the Community Development Department, located at
21825 Copley Drive, and are available for public inspection. If you have questions regarding
an agenda item, please call (909) 839-7030 during regular business hours.
Written materials distributed to the Planning Commission within 72 hours of the Planning Commission
meeting are available for public inspection immediately upon distribution in the City Clerk's office at
21825 Copley Drive, Diamond Bar, California, during normal business hours.
in an effort to comply with the requirements of Title !i of the Americans with
Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any
type of special equipment, assistance or accommodation(s) in order to communicate at a
City public meeting must inform the Community Development Department at
(909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
II DIAMOND BAR
IrlT!
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium and encourages you to do the same
City of Diamond Bar
Planning Commission
MEETING RULES
PUBLIC INPUT
The meetings of the Diamond Bar Planning Commission are open to the public. A member of the
public may address the Commission on the subject of one or more agenda items and/or other items of
which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request
to address the Commission should be submitted in writing at the public hearing, to the Secretary of the
Commission.
As a general rule, the opportunity for public comments will take place at the discretion of the Chair.
However, in order to facilitate the meeting, persons who are interested parties for an item may be
requested to give their presentation at the time the item is called on the calendar. The Chair may limit
individual public input to five minutes on any item; or the Chair may limit the total amount of time
allocated for public testimony based on the number of people requesting to speak and the business of
the Commission.
Individuals are requested to conduct themselves in a professional and businesslike manner.
Comments and questions are welcome so that all points of view are considered prior to the
Commission making recommendations to the staff and City Council.
In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be
posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject
matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission
may act on item that is not on the posted agenda.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of
the Community Development Department. Agendas are available 72 hours prior to the meeting at City
Hall and the public library, and may be accessed by personal computer at the number below.
Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are
available for a nominal charge.
ADA REQUIREMENTS
A cordless microphone is available for those persons with mobility impairments who cannot access the
public speaking area. The service of the cordless microphone and sign language interpreter services
are available by giving notice at least three business days in advance of the meeting. Please
telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m.
and 4:30 p.m., Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030
General Agendas (909) 839-7030
email: info(Qci.diamond-bar.ca.us
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, July 14, 2009
AGENDA
CALL TO ORDER: 7:00 p.m.
Next Resolution No. 2009-14
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman
Steve Nelson, 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: June 23, 2009.
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Conditional Use Permit No. 2009-03 - Under the authority of Diamond Bar
Municipal Section 22.58, Vision 21 Art has submitted a request to provide art
tutoring, art consultation and private art classes for college preparatory courses
in conjunction with a retail art supply store.
Project Address. 2040 Brea Canyon Road, Suites 160 & 170
Property Owner: Plaza Diamond Bar Partners LLC
3029 Wilshire Blvd, Suite 202
Santa Monica, CA 90403
JULY 14, 2009 PAGE 2 PLANNING COMMISSION AGENDA
Applicant: Vision 21 Art
3700 Wilshire Blvd. #1050
Los Angeles, CA 90010
Environmental Determination: This project has been reviewed for
compliance with the California Environmental Quality Act (CEQA). Based on
that assessment, the City has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of Article 19
Section 15301 (Existing Facilities) of the CEQA Guidelines.
Recommendation: Staff recommends that the Planning Commission continue
the matter to July 28, 2009.
7.2 Development Review No. 2007-38 - Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant is requesting approval to construct
a new 10,738 square foot single family residence on a 43,273 square foot Rural
Residential (RR) zoned parcel of land with a consistent underlying General Plan
Land Use designation.
Project Address: 22878 Canyon View Dr. (Tract 42589, Lot 29; APN 8713-024-013)
Property Owner: Billy Chung
17764 La Pasaita Ct.
Rowland Heights CA 91748
Applicant: Massum Azizi, AIA
1470 Jamboree Rd. Suite 200
Newport Beach, CA 92660
Environmental Determination: This project has been reviewed for
compliance with the California Environmental Quality Act (CEQA). Based on
that assessment, the City has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of Article 19
Section 15303(a) (new construction of one single-family residence) of the
CEQA Guidelines. No further environmental review is required.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2007-38, based on the Findings of Fact, and subject
to the conditions of approval as listed within the draft resolution.
8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
JULY 14, 2009 PAGE 3 PLANNING COMMISSION AGENDA
9. STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future proiects:
10. SCHEDULE OF FUTURE EVENTS:
CONCERTS IN THE PARK
AND MOVIES UNDER THE
STARS:
CITY COUNCIL MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
PLANNING COMMISSION
MEETING:
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
11. ADJOURNMENT:
Wednesdays, July 8 — August 19, 2009
Concerts begin at 6:30 p.m.
Movies begin at dusk following concerts
Sycamore Canyon Park
22930 Golden Springs
Tuesday, July 21, 2009 - 6:30 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Thursday, July 23, 2009
Government Center/ SCAQMD
Hearing Board Room
21865 Copley Drive
Tuesday, July 28, 2009 — 7:00 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Thursday, August 13, 2009 — 7:00 p.m.
Government Center/ SCAQMD
Hearing Board Room
21865 Copley Drive
"
071PR P- i
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JULY 23, 2009
CALL TO ORDER:
Chairman Torng called the meeting to order at 7:13 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, and
Chairman Tony Torng.
Absent: Vice Chairman Steve Nelson was excused.
Also present: Greg Gubman, Acting Community Development Director; Brad
Wohlenberg, Assistant City Attorney; Katherine Laufenburger, Senior Planner;
David Alvarez, Assistant Planner; Natalie Tobon, Planning Technician; and, Stella
Marquez, Senior Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented.
4 CONSENT CALENDAR:
4.1.1 Study Session Minutes of May 26, 2009
C/Nolan moved, C/Lee seconded, to approve the Minutes of May 26, 2009,
as presented. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSTAIN
ABSENT:
5. OLD BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
6. NEW BUSINESS: None
Lee, Nolan, Chair/Torng
None
Shah
VC/Nelson
JUNE 23, 2009
7. PUBLIC HEARINGS:
a Q ..,...
PAGE 2 PLANNING COMMISSION
7.1 Development Review No. 2007-13 and Minor Conditional Use Permit
No. 2007-08 — Under the authority of Diamond Bar Municipal Code
Section 22.48 and 22.56, the applicant requested approval to construct a
5,035 square foot four level addition to an existing 4,035 square foot two-
story single family residence on an 85,983 square foot (1.97 acre) Rural
Residential (RR) zoned parcel of land with a consistent underlying General
Plan Land Use designation. A Minor Conditional Use Permit was requested
to allow the expansion of an existing non -conforming structure.
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
22909 Lazy Trail
(Tract 30091, Lot 153
APN 8713-029-009)
Diamond bar, CA 91765
Ankur H. Shah
22909 Lazy Trail Road
Diamond Bar, CA 91765
B&D Construction
1472 Avenida Lorna Vista
San Dimas, CA 91773
SP/Laufenberger presented staff's report and recommended Planning
Commission approval of Development Review No. 2007-13 and Minor
Conditional Use Permit No. 2007-08, based on the Findings of Fact, and
subject to the conditions of approval as listed within the resolution.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
Dr. Shah, property owner, said he was present to respond to questions.
Chair/Torng closed the Public Hearing.
C/Lee moved, C/Nolan seconded, to approve Development Review No.
2007-13 and Minor Conditional Use Permit No. 2007-08, based on the
Findings of Fact, and subject to the conditions of approval as listed in the
resolution. Motion carried by the following Roll Call vote:
JUNE 23, 2009 PAGE 3 PLANNING COMMISSION
AYES: COMMISSIONERS: Lee, Nolan, Shah, Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Nelson
7.2 Development Review No. 2008-20 — Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant requested approval to construct
an 851 first floor addition and 1,087 square foot second floor addition to the
front of the existing multi -story 8,936 square foot single family residence on a
43,797 square foot Rural Residential (RR) zoned parcel of land with a
consistent underlying General Plan Land Use designation.
PROJECT ADDRESS: 2677 Wagon Train Lane
(Tract 30578, Lot 55
APN 8713-012-18)
Diamond Bar, CA 91765
PROPERTY OWNER: Marie and Jorge Navarro
2677 Wagon Train Lane
Diamond Bar, CA 91765
APPLICANT: Total Engineering Solutions
24000 Alicia Pkwy, Suite 17 #284
Newport Beach, CA 92660
SP/Laufenberger presented staff's report and recommended Planning
Commission approval of Development Review No. 2008-20, based on the
Findings of Fact, and subject to the conditions of approval as listed within the
resolution.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
Yasser Salem, Total Engineer Solutions, said he concurred with staff's
recommendations.
Chair/Torng closed the public hearing.
JUNE 23, 2009
PAGE 4 PLANNING COMMISSION
C/Shah moved, C/Nolan seconded, to approve Development Review
No. 2008-20, based on the Findings of Fact, and subject to the conditions of
approval as listed within the resolution. Motion carried by the following Roll
Call vote:
AYES:
COMMISSIONERS
NOES:
COMMISSIONERS
ABSENT:
COMMISSIONERS
Lee, Nolan, Shah, Chair/Torng
None
VC/Nelson
7.3 Conditional Use Permit No. 2009-02 — Under the authority of Diamond Bar
Municipal Code Section 22.58, 1 na Dance submitted a request to establish a
dance studio providing instruction for all age groups. The subject property is
zoned C-2 (Community Commercial) with an underlying General Plan
designation of General Commercial. Approval of a Conditional Use Permit is
required to establish educational uses in a C-2 zone.
PROJECT ADDRESS:
PROPERTY OWNER:
Diamond Bar Village Shopping Ctr
(APN 8717-008-185)
367 Diamond Bar Boulevard
Diamond Bar, CA 91765
Diamond Bar Village Associates, Ltd
10877 Wilshire Blvd, Suite 1105
Los Angeles, CA 90024
Applicant: Ina Dance
2707 South Diamond Bar Blvd #205
Diamond Bar, CA 91765
PT/Tobon presented staff's report and recommended Planning Commission
approval of Conditional Use Permit No. 2009-02, based on the Findings of
Fact, and subject to the conditions of approval as listed within the resolution.
PT/Tobon responded to C/Lee that students are as young as two years of
age.
Chair/Torng questioned the hours of operation. PT/Tobon responded that
the hours of the lessons may vary from year to year so staff built flexibility
into the resolution.
There were no ex parte disclosures.
JUNE 23, 2009
PAGE 5
Chair/Torng opened the public hearing.
�3
J L_" 'eS L
PLANNING COMMISSION
Sherry Liebe, 1 na Dance, said the business has existed for 20 years. She
lost her lease and is forced to move to a new location.
C/Nolan moved, C/Lee seconded, to approve Conditional Use Permit
No. 2009-02, based on the Findings of Fact, and subject to the conditions of
approval as listed within the resolution. Motion approved by the following
Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, Shah, Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Nelson
7.4 Temporary Use Permit No. 2009-01 — Under the authority of Development
Code Section 22.50, the applicant requested approval to hold a four-day
family festival that would accommodate carnival rides, booths, live
entertainment, a food court and a beer garden at the Diamond Bar Pony
Baseball Fields.
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
22601 Sunset Crossing Road
(APN 8718-005-005)
Diamond Bar, CA 91765
Diamond Bar Pony Baseball
22601 Sunset Crossing Drive
Diamond Bar, CA 91765
Diamond Bar Pony Baseball
P.O. Box 4113
Diamond Bar, CA 91765
AP/Alvarez presented staff's report and recommended Planning Commission
approval of Temporary Use Permit No. 2009-01, based on the Findings of
Fact, and subject to the conditions of approval as listed within the resolution.
During his presentation, AP/Alvarez explained in detail each of the conditions
of approval recommended by staff, including hours of operation, a
requirement to contract for on -duty sheriffs deputies to be present, parking
`iIA
JUNE 23, 2009 PAGE 6 PLANNING COMMISSION
management, payment of a refundable deposit to guarantee post -event
cleanup, and the implementation of various security measures.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
John Long, President, Diamond Bar Pony Baseball, said this event will be
held by two organizations, Diamond Bar Pony Baseball and Diamond Bar
Pop Warner Football, to help raise money for the organizations and support
Diamond Bar youth. He explained that Thursday was proposed to be a
kickoff day for the event with affordable rides. He asked that Friday and
Saturday hours be extended to 11:00 p.m. to close off the sales for tickets at
10:00 p.m. and allow for use of the tickets during the additional hour.
C/Lee felt the festival would be successful but he was concerned about
security. Staff's report refers to sheriff's officers and volunteers. He asked
the applicant for the number and hours. Mr. Long said that the plan is to hire
two off-duty deputies to be onsite during the last four hours of operation. In
addition, the organizations will assign its own personnel to act as security.
Many of the members are in law enforcement and will assist the officers.
There will be an individual posted at the beer garden entrance and an
individual to check IDs.
C/Nolan asked if the beer garden would be enclosed and Mr. Long
responded that it was actually in the gated field but not enclosed. C/Nolan
said she would recommend that the beer garden be roped off with
attendants. C/Nolan said that the hour to sell beer should be moved back a
full two -hours if the time extension is granted. Mr. Long responded that there
is only one entrance into the field. C/Nolan said she understood what
Mr. Long was saying but Alcoholic Beverage Control (ABC) would require the
serving area to be roped off with an attendant at the entrance to the beer
garden. Mr. Long agreed to comply with C/Nolan's request.
C/Nolan said that she would favor closing the beer garden at 9:00 p.m. on
Friday and Saturday and would require that the area be roped off, and that
there is an attendant available to check ID's and make certain no minors are
allowed in the roped area. Mr. Long concurred. C/Nolan said she was trying
to save the applicant difficulties with ABC. Mr. Long said he went to ABC
today and they had no problem with the setup and with minors being in the
area. Mr. Long stated that there is one gate and an attendant will be
JUNE 23, 2009 PAGE 7 PLANNING COMMISSION
checking IDs and providing wristbands and security. Once inside the gate
even minors can enter the gate and the canopy but patrons with alcohol
cannot leave the area. He stated that ABC was fine with the set up.
Children will be allowed to enter and sit with their parents. C/Nolan said she
stood by her recommendation. C/Nolan asked how many attendants ABC
required in the entertainment area where alcohol is being served. Mr. Long
responded that ABC did not give him a specific number. He indicated there
would be one attendant at the gate along with roaming deputies and roaming
security personnel. Mr. Long stated that only those with wrist bands could
purchase alcohol. C/Nolan asked if Mr. Long applied for approval or
received approval and Mr. Long responded that he applied and was given
verbal approval based on receipt of a copy of the 501(c)(3).
Chair/Torng reiterated C/Nolan's recommendation that alcohol be served
until two hours prior close instead of 90 minutes. Chair/Torng asked Mr.
Long if they could comply. Mr. Long responded yes.
Chair/Torng asked staff their view on the requested closing time of
11:00 p.m. C/Nolan stated that her recommendation to change the hours
were for Friday and Saturday and for beer sale only. ACDD/Gubman stated
that staff reached its comfort level at 10:00 p.m. due to the character of the
surroundings. If there are no objections from the public the public hearing
notice advertised the applicant's request to be open until 11:00 p.m. on
Friday and Saturday and it is the Commission's pleasure to allow 11:00 p.m.
to be closing time on those nights. In summary, the times raised for
discussion and consideration are hours of operation for Friday and Saturday;
a closing time for the beer garden at 9:00 p.m. on Friday and Saturday; and,
whether or not to rope off the beer garden area under the canopy. ABC will
be at least as restrictive as the Commission. The Commission should also
take into account Mr. Long's remarks about meeting with ABC and the
particular configuration of the beer garden area with the wristband program
and with the gated enclosure in which the beer garden would be located.
Mr. Long responded to C/Nolan that there will be a minimum of one security
person at the main gate and a minimum of two deputies and two volunteer
security personnel dressed in security jackets in the carnival area. C/Nolan
asked if Mr. Long could provide three roaming volunteers for a total of five
identified security personnel.
ACDD/Gubman advised Chair/Torng to receive public testimony before
continuing to negotiate conditions.
JUNE 23, 2009 PAGE 8 PLANNING COMMISSION
Chair/Torng asked if anyone wished to speak on the matter.
Greg McKnight, President, Diamond Bar Pop Warner, addressed C/Nolan
directly saying that with respect to the security aspect, the last thing the
organizers want are problems at this event. A number of individuals involved
in this organization including the speaker are law enforcement officers and
the last thing they will do is allow this event to get out -of -hand. There are a
number of individuals who are deputies at the Walnut Sheriffs station, City of
Industry, LAPD, etc. There are at least 20 law enforcement officers in Pop
Warner alone. Being in law enforcement for 23 years he be he was a
pretty good judge of character as to how these things can get out -of -hand
based upon his experience. If the Commission feels comfortable with three,
four or five security officers, he may increase the number of security officers
to six or seven depending on the type of crowds that gather. He said he
believed there should be flexibility on the matter and that the Commission
should rest assured that it has a strong law enforcement community in the
City of Diamond Bar when it comes to the "use of force" program. And his
organization will definitely make certain they enforce anything that might get
out -of -hand. His organization is working with the Sheriff's Department —
Walnut station's captain and lieutenant and this event will be a success and
the last thing that will occur is disruptive influence at this facility.
Chair/Torng asked again if anyone wished to speak on the matter. With no
other person requesting to speak on this matter, Chair/Torng closed the
public hearing.
C/Shah said he was pleased that this event was being scheduled because
he believed people would enjoy it and have a nice time. He had two
concerns, one of which was the safety of the people. He used to work for the
railroad and Metrolink and wanted to make sure no one could cross the
tracks. The organizer assured him that there was a continuous fence. His
second concern was about security and he feels comfortable that many of
the organizers are from the sheriff's department. He was somewhat
concerned about the later time of 11:00 p.m. Staff recommended 10:00 p.m.
and wanted assurance that staff was okay with 11:00 p.m.
C/Lee said this is a first time event for this organization and he encouraged
and appreciated their attempt to comply with the conditions. He said he was
concerned about security but had a comfort level about security after the
Q1 !_ , 41 ). F
JUNE 23, 2009 PAGE 9 PLANNING COMMISSION
applicant explained the matter. He said he believes the applicant knows
what he's talking about.
C/Nolan said she would like to firm up the number of volunteers that would
be roaming the area to make certain minors are not drinking. She would like
one at the gate to check ID's and supply the bands, an additional four
security personnel outside of those individuals being hired for a total of five
volunteers roaming the area.
Chair/Torng said he respects individuals who volunteer to do this kind of
work. C/Nolan is a volunteer for the City's Birthday Party and that is the
reason she is giving the applicant the benefit of her experience. He felt it
was very important for the security and safety aspects and the time might be
a little long but he really believed that when volunteer organizations promise
to do something they usually make it. As long as that is the case he said he
would go for it as well. He asked staff to restate its position on extending the
hours for Friday and Saturday to 11:00 p.m.
ACDD/Gubman responded to Chair/Torng that staff's recommendation is for
a 10:00 p.m. closing time Thursday through Saturday and a 9:00 p.m. closing
time on Sunday based on staff's review of the project and staff's expectation
of what the neighborhood concerns might be.
ACA/Wohlenberg asked C/Nolan if the applicant had clarified to her
satisfaction of the number of volunteers. C/Nolan responded that the
applicant indicated he was accepting of her recommendation for five
volunteers to be available to roam the area at all times. C/Nolan said she
was leaning toward staff's recommendation of 10:00 p.m. closing time for
Saturday and Sunday. Since this is a first time event the 10:00 p.m. closing
time would be her recommendation and in the future years it could be further
evaluated.
Chair/Torng said he was also concerned about the 11:00 p.m. hour and
suggested 10:30 as a compromise.
C/Lee said the community comes first. He said this was a public hearing and
it needs to be formal and everybody needs to be heard. Everybody is talking
at different times. Chair/Torng said this was the discussion period and if
there is consensus a motion will follow. If the motion is approved, it is
approved. If it fails, it fails and then there will be another round. This is the
normal meeting process. Chair/Torng said he would entertain a motion.
bg DRAFT
JUNE 23, 2009 PAGE 10 PLANNING COMMISSION
C/Shah reiterated that he agrees with staff's recommendation of 10:00 p.m.
C/Nolan moved to approve Temporary Use Permit No. 2009-01, based on
the Findings of Fact, and subject to the conditions of approval as listed within
the resolution, to include the 10:00 p.m. closing time with the original 90 -
minutes prior to closing to stop the sale of alcoholic beverages, and with
concurrence from the organizers that they will have five identified security
volunteers in the beer and entertainment area. C/Shah asked that the
motion be amended to state a "minimum" of five identified security
volunteers. C/Nolan agreed to the amendment. C/Shah seconded the
motion.
C/Lee asked for clarification about whether the 10:00 p.m. closing time
applied to all four days. C/Nolan responded that her motion was to accept
staff's recommendation for the original times stated in the staff report: 10:00
p.m.; Thursday, 10:00 p.m. Friday; 10:00 p.m. Saturday, and 9:00 p.m.
Sunday.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, Shah, Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Nelson
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Shah welcomed PT/Tobon to the Commission meeting and wished her good luck
in her new position.
C/Lee said he had comments regarding Agenda Item 7.4. He said this was the first
event and they prepared so much time, effort and energy and a lot of volunteers are
involved with this event. He fully believes they know what they are doing and that if
you cut one hour it would be eight or ten percent or more cut from the event and this
event can be a fundraiser or just for fun. He said he would like to respect the
applicants' preparation and effort on their event. He wished them a successful
event and thanked them for trying.
C/Nolan also wished the organizers good luck and felt it would be a great event and
a very good family event, She wished them good luck.
JUNE 23, 2009 PAGE 11 PLANNING COMMISSION
Chair/Torng concurred with his colleagues and hoped that the organizers would
have a great event.
Someone from the audience spoke out relative to Item 7.4 and Chair/Torng said he
closed the public hearing for that matter. ACA/Wohlenberg agreed that the public
hearing was closed and the Commission voted on the matter. Again, someone from
the audience spoke out related to Item 7.4 and ACDD/Gubman advised Chair/Torng
that the applicant had 10 days to file an appeal. Chair/Torng stated that the
applicants have 10 days to file an appeal if necessary.
C/Lee said he understood that the formal procedure did not give the applicants
another option or opportunity to speak but after the Commissioners finish their
comments but maybe the applicants should have another opportunity to speak
because the Commissioners' job is to listen to the people. The Commission does
have some power or authority to do something. He thought the main job of the
Commission was to listen to the applicants and that's why the Commissioners are
here. So if it is not against procedure he fully believed that the Commissioners must
listen to the applicants and during the procedure he wants to listen to them. But
whatever procedure prevents listening to the applicants means he does not have a
chance to listen. But the Commission must listen to the applicant's side first and
then it can make a clear decision. That is the right way to proceed with a Planning
Commission meeting. He wondered what staff thought about his statement.
Chair/Torng responded to C/Lee that the public hearing process was followed in this
matter. He explained that following staff's report the public hearing was opened and
the applicants spoke. After testimony was received the public hearing was closed
and discussion was held to reach mutual agreement which was followed by the
proper motion process. The motion was approved unanimously. If the motion had
not been approved, it would have been acceptable for a Commissioner to offer an
alternate motion. During the public hearing the applicant and members of the public
are offered an opportunity to speak and be heard. When the Chair closes the public
hearing, the Commissioners offer their opinions and recommendations and consider
staffs recommendations to reach consensus after which a vote is taken.
ACA/Wohlenberg said he agreed with Chair/Torng. The way land use permit
processes are set up under state law and municipal codes, the Commission is
empowered to act on those. The Commission is required to accept public input and
an opportunity is provided for that but it is generally nota debate. The public can
bring information forward for the Commissioners to consider in making these
decisions.
a lir. 29AF-
JUNE 23, 2009 PAGE 12 PLANNING COMMISSION
C/Lee said that at the time Chair/Torng closed the public hearing he did not think
there had been enough time for the speakers to respond. That is why the applicant
is saying they did not have a chance to speak about their concerns. After
Commissioners finish their comments he believed that the Commission must give
the applicants an opportunity to express their thoughts. That is the Commission's
job.
C/Nolan asked if legal counsel believed the applicants should have been invited up
for a rebuttal in accordance with the procedure. ACA/Wohlenberg responded that
there is no public hearing requirement that the applicant be provided rebuttal time.
There is a period during which public comment and information can be received.
That period was agendized and there were no public comments foghcoming and the
Chair closed that portion of the public hearing.
C/Shah said there is a legal remedy for appeal and ACA/Wohlenberg responded
that after the Commission takes action in the form of a motion that action is
appealable to the City Council for reconsideration.
Chair/Torng welcomed PT/Tobon and commended her on a great presentation. He
liked the presentation that he felt was very friendly. He commended staff for today's
study session on how to read an EIR. It was a great presentation.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
None Offered.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
C/Lee wanted to proffer additional comments and was told that he had an
opportunity to do so under Agenda Item 8.
JUNE 23, 2009 PAGE 13 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 8:20 p.m.
The foregoing minutes are hereby approved this day of
Attest:
Respectfully Submitted,
, 2009.
Greg Gubman
Acting Community Development Director
Tony Torng, Chairman
� DIA��IOi►TD_St1i�
PLANNING
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
ITEM NO.: 7.1
DATE: April 28, 2009
TO: Chairman and Members of the Planning Commission
FROM: Greg Gubman, AICP, Community Development Directo�
SUBJECT: Conditional Use Permit No. 2009-03
PROJECT 2040 Brea Canyon Road, Suites 160-170
LOCATION:
RECOMMENDATION: Staff recommends that the Planning Commission continue this matter
to July 28, 2009, to allow the applicant additional time to comply with Section 22.72.0202 of
the Development Code regarding noticing of the public hearing. The applicant was unable to
post the site as required with a 4'x6' display board. Continuing the item to July 28, 2009 will
allow time for the applicant to comply with this requirement.
PLANNING COMMISSION
AGENDA REPORT
21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117--www.crtyofdiamondbar.com
AGENDA ITEM NUMBER: 7-4 7, oL
MEETING DATE: July 14, 2009
CASE/FILE NUMBER: Development Review No. 2007-38
PROJECT LOCATION: 22878 Canyon View Drive, Diamond Bar, CA 91765
(Tract 51169, Lot 9, APN 8713-024-013)
APPLICATION REQUEST: Approval to construct a new two-story 10,738 square
foot single family residence on an undeveloped 43,273
square foot parcel.
ZONING DESIGNATION: Rural Residential (RR)
GENERAL PLAN Rural Residential (RR)
DESIGNATION:
PROPERTY OWNERS: Billy Chung
17764 La Pasaita Ct.
Rowland Heights, CA 91748
APPLICANTS: Masum Azizi, AIA
1470 Jamboree Rd. Suite 200
Newport Beach, CA 92660
STAFF RECOMMENDATION: Approve, subject to conditions
BACKGROUND:
A. Site Description: The site is located in the Diamond Bar Country Estates (`The
Country") near the terminus of Canyon View Drive, which is a fully improved private
street. The property is 43,273 square feet in area, irregularly shaped, and is
currently undeveloped. A 14,585 square -foot, rough graded pad is located at the
front of the property.
The site is legally described as Lot 9 of Tract No. 51169, and the Assessor Parcel
Number is 8713-024-013.
B. Project Description: The applicant requests approval to construct a two-story,
9,506 square -foot single family residence with an attached 750 square foot three -
car garage and 482 square foot two -car garage. The proposed dwelling unit
contains six (6) bedrooms and eleven (11) bathrooms. The applicant has provided
a stamped set of plans with preliminary approval from the Diamond Bar Country
Estates Homeowners Association (DBCEA), upon approval the revised plans will be
submitted to DBCEA for final review.
There are no protected trees on any portion of the property where earthwork or
construction is proposed.
ANALYSIS:
A. Review Authority (Diamond Bar Municipal Code Chapter 22.48)
New construction on a vacant lot requires Planning Commission approval of a
Development Review application.
B. Site and Surrounding General Plan, Zoning and Uses
Page 2
DR 2007-38
General Plan
Designation
Zoning District
Land Use
Site
Rural Residential
RR
Vacant Land
North
Rural Residential
RR
Single Family Residential
South
Rural Residential
RR
Single Family Residential
East
Rural Residential
RR
Single Family Residential
West
Rural Residential
RR
Single Family Residential
Page 2
DR 2007-38
C. Development Review
1. Residential District General Development Standards: The following table
compares the proposed project with the City's development standards for
residential development in the RR Zone.
Development
Residential
Meets
Feature
Development
Proposed
Requirements
Standards
Front setback
30 feet
20 Feet
No*
Side Setbacks
15 feet on one side &
15-0" — west side
10 on the other side.
10'-0" — east side
Yes
Side yard minimum
25 feet
26'-0" — west side
between adjoiningYes
34'-10" —east side
structures
Rear setback
25 feet
25 feet
Yes
Lot Coverage
Maximum of 30%
12%
Yes
Building height limit
35 feet
34'-1 3�4"
Yes
Retaining Wall
Maximum Height 6 feet
Not to exceed 6 feet
Yes
Height
Landscaping
50% of front yard
50%
Yes
Driveway Width
Maximum 14 feet @ PL
14 feet @ PL
Yes
Parking
2 in fully enclosed garage
One 2 -car garage and
Yes
Chapter 22.30
one 3 -car garage for a
total of 5 spaces
*A conditional of approval will require the site plan to be revised to meet the front setback
requirement, or that the applicant receive approval of a variance to reduce the front setback
requirement, prior to the issuance of grading or building permits. The applicant has applied for a
variance, which will be considered by the Planning Commission at a future hearing.
2. Site and Grading: The site has a level building pad, approximately
14,585 square feet in area. The remaining 28,688 square feet slopes
steeply in a southwesterly direction. The slope area of the site is part of a
recorded easement for slope and drainage maintenance within which
construction is prohibited. The proposed building pad is located at the top of
the slope with a view of the surrounding area. The applicant indicates that
the proposed project will require 50 cubic yards of cut, and 280 cubic yards
of fill, resulting in 230 cubic yards of material to be imported to the site.
3. Elevations: The architectural style is a contemporary design with Prairie
School and Italianate influences. Characteristic features of the Prairie style
are hipped roofs with large overhangs and corner windows, while features of
the Italianate style are arched windows, and single story entries with large
Page 3
DR 2007-38
support columns. The applicant has provided color samples which call for
earth -toned shades with deep red accents forthe exteriorfinish to soften the
building's visual impact and assist in preserving the hillside's aesthetic value.
4. Landscaping: The subject property is located within the Los Angeles
County Fire Department "Very High Fire Hazard Severity Zone." Therefore,
the proposed landscaping must comply with the Fire Department's Fuel
Modification Plan requirements. The submitted preliminary landscape plan
indicates that the future landscaping will comply with the Fire Department's
regulations and guidelines. The preliminary landscape plan indicates that
17 new trees will be planted on site. The size of the new trees will be 24 -inch
and 36 -inch box.
The applicant indicates that at least 50% of the required front yard area will
be landscaped with plant material. Plant types proposed throughout the
site are drought tolerant non-invasive plant species such as Indian
Hawthorne, Kangaroo Paw and Rosemary. A condition of approval has been
added requiring the avoidance of invasive species as identified by the
California Plant Council
5. Front Setback: The required front setback for the Rural Residential zone is
30 feet. The subject residence encroaches into the required front yard
setback a total of 10 feet in two areas. The portions of the residence that
encroach into the setback are the two -car garage located on the east side of
the residence and the garage and playroom located on the west side of the
residence. The remaining portion of the residence is set back approximately
40 feet. The applicant has two options regarding the front setback: revise
the site plan to provide the required 30 feet, or request a variance to allow a
10 foot encroachment into the required front yard setback area. The
applicant has submitted a variance application requesting the reduced front
yard setback; this request will come before the Planning Commission at a
future date.
D. Compliance with Hillside Management Ordinance
The proposed project has been reviewed for compliance with the City's Hillside
Management Design Guidelines and regulations. Section 22.22.120(x)(1) of the
Diamond Bar Municipal Code establishes a height limit of 35 feet as measured from
the finished grade to the highest ridge beam. The submitted plans demonstrate that
the proposed structure will comply with the City's maximum building height
requirements.
E. General Plan, Design Guidelines and Compatibility with Neighborhood
The proposed project complies with the goals and objectives as set forth in the
adopted General Plan in terms of land use and density. The proposed project will
not negatively affect the existing surrounding land uses, and the design and
Page 4
DR 2007-38
appearance of the proposed single-family residence is compatible with the existing
residence and surrounding community.
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners within a 500 -foot radius of the
project site, and the notice was published in the San Gabriel Valley Tribune and the Inland
Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a
copy of the legal notice was posted at the City's designated community posting sites.
ENVIRONMENTAL ASSESSMENT:
This project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of the California Environmental Quality Act
(CEQA) in accordance with the provisions of Article 19 Section 15303(a) of the CEQA
Guidelines (new construction of one single-family residence). No further environmental
review is required.
RECOMMENDATION:
Staff recommends thatthe Planning Commission adoptthe attached Resolution approving
Development Review No. 2007-38 based on the findings set forth under Section 22.48.040
of the Development Code, subject to conditions.
Prepared by:
Katherine L � ger
Senior Planner
Attachments:
Reviewed by
Greg Gubman, AICP
Community Development Director
1. Draft Resolution of Approval
2. Aerial Photo
3. Exhibit "A" — site plan, floor plan, roof plan, elevations
Page 5
DR 2007-38
PLANNING COMMISSION
RESOLUTION NO. 2009 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. 2007-38 FOR THE REQUEST TO CONSTRUCT A NEW TWO-STORY
SINGLE-FAMILY RESIDENCE WITH A REDUCED FRONT YARD SETBACK
ON LOT NO. 9 OF TRACT 51169 LOCATED AT 22878 CANYON VIEW
DRIVE, DIAMOND BAR, CA (APN 8713-024-013)
A. RECITALS
The Planning Commission considered an application filed by Masum Azizi, AIA,
on behalf of the property owner, Billy Chung, requesting approval of plans to
construct a new two-story, 10,730 square foot single family residence on a
vacant lot located at 22878 Canyon View Drive.
2. The subject property is zoned Rural Residential (RR) and it contains 43,273
square feet (0.99 acres) of gross land area. The property in question is subject
to the Rural Residential (RR) Development Code Standards.
3. The subject property is legally described as Lot 9 of Tract No. 51169, and the
Assessor's Parcel Number is (APN) 8713-024-013.
4. Public Hearing notification was published in the San Gabriel Valley Tribune and
the Inland Valley Daily Bulletin newspapers and property owners within a
500 -foot radius of the project site were notified of the proposed project by mail.
Further, a public hearing notice display board was posted at the site, and the
notice was posted at three other locations within the project vicinity.
5. On July 14, 2009, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission has determined the project to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA)
in accordance with the provisions of Article 19 Section 15303(x) of the CEQA
Guidelines (new construction of one single-family residence). No further
environmental review is required.
3. Based upon the information contained in the submitted plans, the associated
staff report and testimony given at the public hearing the Planning Commission
hereby finds as follows:
DEVELOPMENT REVIEW
a. The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable zone district,
design guidelines, and architectural criteria for specialized areas,
(e.g., specific plans, community plans, boulevards, or planned
developments.)
The proposed single-family residence is consistent with the RR Zone's
Development Standards and the City's Design Guidelines as depicted on
the plans and as stipulated in the conditions of approval. In addition, the
proposed project with conditions of approval is consistent, in terms of
mass, scale and appearance, with the surrounding single-family dwelling
units.
b. The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development, and it will not create traffic or pedestrian hazards.
The subject property is located within a designed and developed
residential estate neighborhood. The existing public and private
improvements are available to support the proposed development and
the surrounding neighborhood. The proposed single-family residence
will not negatively impact the existing or future development of the
surrounding neighborhood.
C. The architectural design of the proposed development is compatible with
the characteristics of the surrounding neighborhood and will maintain the
harmonious, orderly and attractive development contemplated by
Chapter 22.48 Diamond Bar Development Code, the General Plan, City
Design Guidelines, or any applicable specific plan.
The design of the proposed single-family residence is consistent with the
goals and objectives of the long-range planning policy documents
adopted by the City of Diamond Bar The proposed project is compatible
with the scope, scale and appearance of the surrounding existing
development. The proposed project is an infill development that will
complement the neighborhood residential character.
d. The design of the proposed development will provide a desirable
environment for its occupants and visiting public, as well as its
neighbors, through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing.
The project's design and use of construction material are consistent with
other single-family residences in the surrounding neighborhood.
2
Planning Commission Resolution No. 2009 -XX
e. The proposed project will not be detrimental to the public health, safety,
or welfare or materially injurious (e.g., negative affect on property values
or resale(s) of property) to the properties or improvements in the vicinity.
The proposed single-family residence is consistent with the anticipated
development pattern for the neighborhood and it will not negatively
impact the public health, safety or general welfare.
4. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
a. Planning Division
(1) Development shall substantially comply with the plans and
documents presented to the Planning Commission at the public
hearing.
(2) Prior to issuance of grading or building permits the applicant shall
revise the site plan to provide a 30 foot front setback, or obtain
approval of a variance to allow a reduced front setback.
(3) The project landscape plan shall avoid the use of invasive plant
materials as identified by the California Invasive Plant Council. A
complete list of the plant material to be avoided can be found at
the following web address: www.calipc.org_
(4) The maximum exposed face of any freestanding retaining wall not
associated with the lot pad shall be limited to six (6) feet in height.
The retaining walls shall be constructed of decorative masonry
material approved by the Director. All retaining walls shall be
screened with approved landscape material.
Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
the applicant, Masum Azizi AIA, 1470 Jamboree Road, Suite 200,
Newport Beach, CA 92660 and the property owner, Billy Chung,
17764 La Pasaita Ct., Rowland Heights, CA 91748.
3
Planning Commission Resolution No. 2009 -XX
APPROVED AND ADOPTED THIS 14" DAY OF JULY 2009, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
ME
Tony Torng, Chairman
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 14th day of July, 2009, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
4
Planning Commission Resolution No. 2009 -XX
DIAAi01.0 BARS COMMUNITY• - • ,
TMENT
x _
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: DR 2007-38
SUBJECT: Construction of a new 10,738 square foot single family residence
PROPERTY Billy Chung
OWNER: 17764 La Pasaita Ct.
Rowland Heights, CA 91748
APPLICANT: Masum Azizi. AIA
1470 Jamboree Road, Suite 200
Newport Beach, CA 92660
LOCATION: 22878 Canyon View Drive, Diamond Bar, CA
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. 2007-25 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.
5
Planning Commission Resolution No. 2009 -XX
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and owner
of the property involved have filed, within twenty-one (21) days of approval of this
Development Review No. 2007-38, 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 a zoning approval for those
businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2009-_, Standard
Conditions, and all environmental mitigations shall be included on the plans (full
size). The sheet(s) are for -information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped by
a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations incorporating
all Conditions of Approval shall be submitted for Planning Division review and
approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall
be coordinated for consistency prior to issuance of City permits (such as grading,
tree removal, encroachment, building, etc.,) or approved use has commenced,
whichever comes first.
10. 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
6
Planning Commission Resolution No 2009 -XX
commercial/institutional purposes, or otherwise used as a separate dwelling.
The property shall not be used for regular gatherings which result in a nuisance
or which create traffic and parking problems in the neighborhood.
11. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning, Building and
Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as required
shall be paid prior to the issuance of building permit. In addition, the applicant
shall pay all remaining prorated City project review and processing fees prior to
issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
1. The approval of Development Review No. 2007-13 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, including: site plans, floor plans, architectural elevations,
exterior materials and colors, landscaping, and grading on file in the Planning
Division, the conditions contained herein, Development Code regulations.
2. All conditions of approval placed on Tract Map 51169 regarding the slope and
maintenance easement located on the property shall be complied with. No
structures including walls, pools, tennis courts, etc., may be constructed within
the recorded slope and maintenance easement.
7
Planning Commission Resolution No. 2009 -XX
E. LANDSCAPE, PRESERVED AND PROTECTED TREES
Prior to issuance of any permits, detailed landscape and irrigation plans shall be
submitted to the Planning Division for review and approval.
2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted
with the type of planting materials, color, size, quantity and location including
proposed sites for the planting of protected/preserved trees and additional
species to mask the retaining wall height.
3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy
issuance, the landscaping/irrigation shall be installed or replaced. Any dense
plant material proposed in the front setback shall not exceed 42 inches maximum
height.
4. Prior to the issuance of City permits, the applicant shall submit revegetation
landscape and irrigation plans for slopes within the project site for Planning
Division review and approval. Said slopes shall be landscaped at the completion
of grading activities. All slope planting, irrigation and revegetation areas shall be
continuously maintained in a healthy and thriving condition.
5. Prior to releasing occupancy, an inspection shall be conducted by the Planning
Division to determine that the slope vegetation is in satisfactory condition.
6. Retaining walls shall not exceed an exposed height of six (6) feet as delineated
on the development plans. All retaining walls shall be earth tone in color and
constructed from decorative material (i.e., split face, stacked stone, etc.)
Retaining walls or fences located within the front yard setback shall not exceed
an exposed height of 42 inches.
F. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the property owner, applicant or
by a duly permitted waste contractor, who has been authorized by the City to
provide collection, transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall be the
applicant's obligation to insure that the waste contractor used has obtained
permits from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City franchised
waste hauler to all parcels/lots or uses affected by approval of this project.
8
Planning Commission Resolution No. 2009 -XX
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
An Erosion Control Plan shall be submitted concurrently with the grading plan
clearly detailing erosion control measures. These measures shall be
implemented during construction. The erosion control plan shall conform to
national Pollutant Discharge Elimination System (NPDES) standards and
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 a soil Storm Water Pollution Prevention Plan (SWPPP) will be
needed. Please refer to City handouts.
2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City Engineer. Please refer to
City handouts.
3. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated
by grading and construction activities shall be reduced by watering the soil prior
to and during the activities and in accordance with South Coast Air Quality
Management District Rule 402 and Rule 403. Reclaimed water shall be used
whenever possible. In addition, all construction equipment shall be properly
muffled to reduce noise levels.
B. 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.
9
Planning Commission Resolution No. 2009 -XX
5. The grading plan shall show the location of any retaining walls and the elevations
of the top of wall/footing/retaining and the finished grade on both sides of the
retaining wall. Construction details for retaining walls shall be shown on the
grading plan. Calculations and details of retaining walls shall be submitted to the
Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed within
a six foot -high chain link fence. All access points in the defense shall be locked
whenever the construction site is not supervised.
7. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
8. The maximum grade of driveways serving building pad areas shall be 15 percent.
In hillside areas driveway grades exceeding 15 percent shall have parking
landings with a minimum 16 feet deep and shall not exceed five (5) percent
grade or as required by the City Engineer. Driveways with a slope of 15 percent
shall incorporate grooves for traction into the construction as required by the City
Engineer.
9. All slopes shall be seeded per landscape plan and/or fuel modification plan with
native grasses or planted with ground cover, shrubs, and trees for erosion control
upon completion of grading or some other alternative method of erosion control
shall be completed to the satisfaction of the City Engineer and a permanent
irrigation system shall be installed.
10. Submit a stockpile plan showing the proposed location for stockpile for grading
export materials, and the route of transport.
11. Prior to the issuance of building permits, a pre -construction meeting shall be held
at the project site with the grading contractor, applicant, and city grading
inspector at least 48 hours prior to commencing grading operations.
12. Rough grade certifications by project soils engineer shall be submitted prior to
issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
13. Final grade certifications by project soils and civil engineers shall be submitted to
the Public Works Department prior to the issuance of any project final
inspections/certificate of occupancy respectively.
10
Planning Commission Resolution No. 2009 -XX
C. DRAINAGE
Detailed drainage system information of the lot with careful attention to any flood
hazard area shall be submitted. All drainage/runoff from the development shall
be conveyed from the site to the natural drainage course. No on-site drainage
shall be conveyed to adjacent parcels, unless that is the natural drainage course.
2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of California to
the satisfaction of the City Engineer and Los Angeles Public Works Department.
D. OFF-SITE STREET IMPROVEMENTS (Not Required)
E. UTILITIES
Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
F. SEWERS/SEPTIC TANK
Applicant shall obtain connection permit(s) from the City and County Sanitation
District prior to issuance of building permits.
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 California Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Application for which no permit is issued within 180 days following the
date of application shall expire by limitation, and plans and other data
submitted for review may thereafter be returned to the applicant or
destroyed by the Building Department.
3. Every permit issued by the Building Department shall expire if the building
or work authorized by such permit is not commenced within 180 days from
the date of such permit.
4. Construction activities causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or demolition work shall be
conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m.
11
Planning Commission Resolution No. 2009 -XX
5. Occupancy of the facilities shall not commence until such time as all
Uniform Building Code and State Fire Marshal regulations have been met.
The buildings shall be inspected for compliance prior to occupancy.
6. This project shall comply with the provision of the current California
Building Code regarding allowable area increase and shall meet the
60 -foot yard requirement per Section 505.2.
7. The minimum design load for wind in this area is 85 M.P.H. exposures "C"
and the site is within seismic category (D). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
8. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall
be fluorescent.
9. In order to accurately monitor and report all construction and debris generation
and diversion activities, all materials must both be 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/clearance will be
required prior to the issuance of a demolition permit. Please contact AQMD at
(909) 367-2327.
10. Submit Public Works Department approved grading plans showing clearly
all finish elevations, drainage, and retaining walls locations.
11. "Separate permits are required for pools, spas, ponds, gazebos, patios
and tennis courts" and shall be noted on plans.
12. Separate permits are required for all retaining walls and shall be submitted to the
Building and Safety and Public Works Departments for review and approval.
13. A height survey may be required at completion of framing.
14. 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)
12
Planning Commission Resolution No 2009 -XX
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
i. Shaft rating/ exterior walls construction/opening protection
15. Building setback from any slope (toe or top) shall meet Chapter 18 of the
2001 California Building Code.
16. Prior to Building permit issuance, Walnut Valley School District fees must
be paid. Please obtain a form from the Building and Safety Division to
take directly to the school district.
Walnut Valley School District
880 S Lemon Ave
Walnut, CA 91789
(909) 595-1261
17. Please submit a total of 5 full set of plans including the grading for review to the
Building and Safety Division after the plans have been approved by the Planning
Division/Commission.
18. Foundation systems on expansive soil shall be constructed in a manner that
minimizes damage to the structure from movement of the soil. Depth of
foundation below the natural and finish grade shall be not less than 24 inches for
exterior and 18 inches for interior foundations.
19. All balconies shall be designed for 60 Ib. live load.
20. Guardrails shall be designed for 20 load applied laterally at the top of the
rail.
21. Indicate all easements on the site plan.
22. Fire Department approval shall be required. Contact the Fire Department
to check the fire zone for the location of your property. If this project is
located in High Hazard Fire Zone it shall meet the 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.
23. All retaining walls shall be submitted to the Building and Safety and Public
Works Departments for review and approval.
13
Planning Commission Resolution No. 2009 -XX
24. Submit grading plans showing clearly all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification.
25. The project shall be protected by a construction fence and shall comply
with the NPDES & BMP requirements (sand bags, etc.)
26. Check drainage patterns with Engineering Department. Surface water
shall drain away from building at a 2% minimum slope.
27. Specify location of tempered glass as required by code.
28. Specify 1/4"/ft slope for all flat surfaces/decks with approved water
proofing material. Also, provide guardrail connection detail (height,
spacing, etc.)
29. Private property sewer/septic system shall be approved by the Los
Angeles County Health Department and the California Water Control
Board.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. 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
14
Planning Commission Resolution No. 2009 -XX
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CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
On July 14, 2009, 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 July 10, 2009, 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 July 10, 2009, at Diamond Bar, California.
L..
Stella Marquez
Community Development Department
g\\affidavitposting. doc
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