HomeMy WebLinkAbout07/28/2009PLANNING
COMMISSI01 FILE COPY
AGENDA
July 28, 2009
WORKSHOP - 6:00 P.M.
South Coast Air Quality Management District/
Government Center - Conference Room CC -8
21865 Copley Drive
REGULAR MEETING — 7:00 P.M.
South Coast Air Quality Management District/
Government Center - Auditorium
21865 Copley Drive
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
Me 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 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 Dept. of Community & Development Services at
(909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or 1 he City of uiamond liar 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(d-)ci.diamond-bar.ca.us
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, July 28, 2009
AGENDA
Next Resolution No. 2009-15
WORKSHOP: South Coast Air Quality Management District/Government
Center, Room CC -8 21865 Copley, Diamond Bar, CA
CALL TO ORDER: 6:00 p.m.
Reviewing Environmental Impact Reports
PUBLIC COMMENTS
ADJOURNMENT:
REGULAR MEETING: South Coast Air Quality Management District/Government
Center Auditorium - 21865 Copley, Diamond Bar, CA
CALL TO ORDER: 7:00 p.m.
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 recording 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 Workshop: June 23, 2009
JULY 28, 2009 PAGE 2
4.2 Minutes of Regular Meetinq:
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. CONTINUED PUBLIC HEARING(S):
PLANNING COMMISSION AGENDA
July 14, 2009.
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. (Continued from July 14, 2009)
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
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 approve
Conditional Use Permit No. 2009-03, based on the Findings of Fact, and
subject to the conditions of approval as listed within the draft resolution.
8. PUBLIC HEARING(S):
8.1 Variance No. 2009-01 - Under the authority of Diamond Bar Municipal
Section 22.54, the applicant is requesting a variance to allow a 33% reduction
in the required front setback (from 30 feet to 20 feet) in order 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 Drive (Tract 42589, Lot 29; APN 8713-024-013)
JULY 28, 2009
PAGE 3 PLANNING COMMISSION AGENDA
Property Owner: Billy Chung
17764 La Pasaita Ct.
Rowland Heights CA 91748
Applicant: Masum 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 15305 (Minor alteration in land use limitations) of the CEQA Guidelines.
No further environmental review is required.
Recommendation: Staff recommends that the Planning Commission approve
Variance No. 2009-01, based on the Findings of Fact, and subject to the
conditions of approval as listed within the draft resolution.
8.2 Development Review No. 2009-02 - Under the authority of DBMC Section
22.48, Sanchez Recycling has submitted a request to establish and construct a
small collections recycling facility. Small collections facilities provide household
recycling services. The proposed facility operated by an on-site attendant, and
will only accept glass, metal or plastic containers, paper and reusable items
which are stored in large containers. The containers are rolled away to be
emptied and are replaced by empty containers. The subject property is zoned
C-2 (Community Commercial) with an underlying General Plan designation of
General Commercial. Approval of a Development Review is required to
establish small collections recycling facilities uses in a C-2 zone.
Project Address: 21080 Golden Springs Drive (Diamond Creek Village)
Property Owner: Lakeview Village Corporation
12901 Harbor Boulevard, Suite A-5
Garden Grove, CA 92840-5830
Applicant: Sanchez Recycling
1138 South Shawnee Drive
Santa Ana, CA 92704
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
J U LY 28, 2009
PAGE 4 PLANNING COMMISSION AGENDA
Section 15303 (New Construction of Small Facilities or Structures) of the CEQA
Guidelines.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2009-02, based on the Findings of Fact, and subject
to the conditions of approval as listed within the draft resolution.
9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
10. STAFF COMMENTS/ INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects:
11. SCHEDULE OF FUTURE EVENTS:
CONCERTS IN THE PARK
AND MOVIES UNDER THE
STARS:
CITY COUNCIL MEETING:
PLANNING COMMISSION
MEETING:
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
12. 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, August 4, 2009 - 6:30 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Tuesday, August 11, 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
Thursday, August 27, 2009
Government. Center/ SCAQMD
Hearing Board Room
21865 Copley Drive
PLANNING COMMISSION
WORKSHOP:
REVIEWING AN EIR
Contents of an EIR:
1. Introduction/Executive Summary
2. Project Description
3. Project Objectives
4. Thresholds of Significance
5. Impact Analysis
6. Mitigation Measures
7. Ultimate Impact After Mitigation
8. Cumulative Impacts
9. Alternatives
2
The Draft EIR vs. The Final EIR
• DRAFT EIR & TECHNICAL APPENDICES
45 -day public review period
• FINAL EIR:
— Draft EIR
— Technical Appendices
— Comments and Responses to the Draft EIR
3
7. Cumulative Impacts — Look for
the Forest
A Cumulative Impact is the combined impact
of the proposed project in combination with
other projects that will produce similar
impacts.
(California CEQA Guidelines Section 15355)
0
8. The Final EIR: Comments and
Responses to comments
Every comment that raises environmental
issues must receive a written response.
(California CEQA Guidelines Section 15088)
k
Keep your objectives in mind
The "Statement of Overriding Considerations"
CEQA requires the decision-making agency to
balance, as applicable, the economic, legal, social,
technological, or other benefits of a proposed
project against its unavoidable environmental risks
when determining whether to approve the project.
If the specific economic, legal, social,
technological, or other benefits of a proposal
outweigh the unavoidable adverse environmental
effects, the adverse environmental effects may be
considered "acceptable."
(California CEQA Guidelines Section 15093)
101
8. Don't Look for All of the Answers
in the EIR
Economic and Social Information may be
included in the EIR or may be presented in
any other form.
(California CEQA Guidelines Section 15131)
7
Part Three
Tabletop Exercise:
The Site "D" Draft EIR
9
Environmental Impact Report 2007-02
Draft Environmental Impact Report
"Site D" Specific Plan
SCF; No. 2008021014
General Plan Amendment No. 2007-03
Specific Ptan No, 2007-01
Tentative Mar) No, 70687
clwot Dmmmtj Bar
lil; -11—
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walnut V31;OY umit'-d sc h:*! umtrint
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TABLE OF CONTENTS
4,5 Biological Resources
4,5-1
Envirowiental Setting
4.5-11
4.5 1 .1 Regulatofy Setting
4.5-11
Federal Endangere-d Species Act
4.5-1
Federal Clean Water Act
4.5-2
Federal tAgratory Bird Treaty Act
4.6-2
Caldbimia Endangered Species Act
4-5-3
California Fish and Garne Code
4.5-3
CAY of Darnom Bar General Pian
4-5-4
City of fhanioiA Bar Municipal Gode,
4-5-5
4,5,12 Regional Setting
4.5--6
4.5.1.3 Lac a' Setting
4.5-6
Biolcgical Resources Assessment
ev Repm
44,5-6
15-28
–
;-.safictional DfAneation
4.5-228
4 5,2
Threshold of aignificance Criteria
4-5-34
4,53
Impact Ana�;sis
4.5-36
45-3-1 CGnstrur-tion Impacts
4.5-36
4.53.2 Operational ln-rpacts
4-541
4.5.3.3Cuniuf2trve I mpacts
4-15-44
4.54
Pr�ect Conditircwis and Mitigatioc Measures
4E46
4,5,5
Significince Una` oidabie Advem—ve EffW,-,,
4-5-47
4.6 Transportatian and Circulation
4,61 Environmental Setting 4.6-1
4.5.1.1 Regulatory SetfiN, 46-1
:;al-fonlia Govemment Code 4 45-1
- 6- 1
of 0j,3qoro General Plan 4,
atY of Daprorid Ba r Municipal Gode 4-6-2
[us
EXECUTIVE SUMMARY
Provides a comprehensive synopsis of
the analysis and conclusions that follow
in the DER
11
"Site U, Specific Flan
Ci:y of Diamond Bar_ iaffornia
Table ES -1 (Continued)
SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL C);= SlrG_WIFICANCE _
Significance Recommended Recommended Sifjnlficonce
Environmental Effect I Before Mitigation ! Project condftions ! Mitigation Measures After Mitigation
Air -]aahty
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Draft Environmental Impact Report _!une "'!C+e
Execu't•.e 5uit-mary image E._-' I
12
CHAPTER 2
Project Description
Project Objectives:
• Require that new development be compatible with surrounding land uses
(Strategy 2.2.1, Land Use Element).
• Balance the retention of the natural environment with its conversion to
urban form (Strategy 3.3.1, Land Use Element).
• District desires the disposition of the School Property to yield the
maximum return to the District for the benefit of its constituents and its
educational mission.
• City desires that the School Property and the City Property be developed
in a manner as to assure compatibility with and to meet the needs of the
surrounding area and to provide a desirable level of sales tax revenues to
the City.
13
CHAPTER 2
Project Description
Project Objectives:
With regards to the project site, pursue the establishment of site-specific
land -use policies that allow, in reasonably comparable acreage, the
development of both commercial and residential uses of the property,
accommodating the provision of additional housing opportunities and the
introduction of revenue -generating uses.
Establish a specific plan as the guiding land -use policy mechanism to
define the nature and intensity of future development and to establish
design and development parameters for the project site, so as to allow
conveyance of the subject property to one or more developers and/or
master builders and provide to the purchasers reasonable assurance as
to the uses that would be authorized on the project site and the nature of
those exactions required for those uses.
14
CHAPTER 3
Related Projects and Cumulative Impacts
• Summary of Projections
• Reasonably Anticipated Probable Future
Projects
• Ambient Growth
15
CHAPTER 4
Impact Analysis
• Threshold of Significance Criteria:
Sections 4.X.2
Impact Analysis: Sections 4.X.3
16
CHAPTER 5
Significant Irreversible Changes
17
CHAPTER 6
Alternatives Analysis
Tante C- t
IANDA ISE ASSUMPTIONS PDR PFCOA-' I ALTERNATIVES _
------. --.•- — — Att::rnatrve Ai[r'rldil•+� 7 --L_ Altenwtive s Allernatsve 4 1 Aelernative 5
Lance Cs, Proposed Project r_.---- Pub4o �amrnmidy ' Low -Density 'I High-Uenstty
NO Frotaci' - -----�--,- I
Facildie s ( t onimt rclal Residential Residential
° .: -rss F"r�3cc:' _a^erc^.5t,4'� ;�c.p&•r_� G,}".Y rs�i::x�C .st`,�e' � _�...;.
.�. .. .. a:+y'cR Eyc�rca^;g :ze'ccrosrr �,at a-�-aa�e £s4,, o.�es ar-'"s'i:. of ,l sq.eaf�.'rr.S ay iN�e'ort;^-�•s,.� sq:,�•e r�e:a�a i75?.SEj:
_ - _-.:y:6.# .�'.+g• d �`aC`3... »� :'SE ' - k.3 '_ � _.� •.•S C' C'''F F'9� SLk:7.•a �£-aEf i%Y � f :.;_i' i::u.t^4 I: C'.i'aE [.�v.{'7�•`3I
.1 ".: _� :•eu to n.,tie,^� ;.^� .. ' a:'�: o� =. ;• t? ;'•'_�'� f��`:J 4q �l`:'�ctan^m�*'c%-3` s^.�:.,K :v^�:r�s ,"a�`'".�$.�i.
_ : .'^.-5e :t:".a•"^z:92tY'F5 - t3✓35^R-^.: C� i ificC.�� pr: M1^.; S6G'nl=sr;f. .�C3`M'SE' Cn'F:}` :3 >I".n�r, i:sRC LSm s �;'��C,Si•^�. �2`Fv°�QYTIst^: .�'_ F r.^C[a_•c.�
M.
CHAPTER6
Alternatives Analysis
Table G-3
Pi ojec-. Altemativc-
Sin I
EnviiComunity Lo-Dniai High-
ujuvt NO Public Ir, Ptmw.,1V Density
prclect Facilities C 0 FIT11 Ve I -C I a I Residential
19
MINUTES OF THE CITY OF DIAMOND BAR
WORKSHOP OF THE PLANNING COMMISSION
JUNE 23, 2009
CALL TO ORDER:
Chairman Torng called the workshop to order at 6:12 p.m. in the South Coast Air Quality
Management District/Government Center Room CC -8, 21865 Copley Drive, Diamond Bar,
CA 91765.
ROLL CALL:
Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, and
Chairman Tony Torng.
Absent: Vice Chairman Steve Nelson
Also present: Greg Gubman, Acting Community Development Director, Brad
Wohlenberg, Assistant City Attorney, David Alvarez, Assistant Planner; Natalie
Tobon, Planning Technician; and, Stella Marquez, Senior Administrative Assistant.
2. PUBLIC COMMENTS: None Offered.
3. REVIEWING ENVIRONMENTAL IMPACT REPORTS:
ACCD/Gubman stated that CEQA (California Environmental Quality Act) was
enacted into law by the state legislature in 1970 shortly after congress passed the
NEPA (National Environmental Protection Act). CEQA is modeled afterthe federal
legislation. The basic intent of CEQA is to compel cities and any public agencies to
inform the public and decision -makers about potential significant environmental
effects of proposed activities and to be used as a tool to find ways to avoid or
reduce environmental damage to a level that is less than significant or to the extent
feasible. Once impacts are identified and a way to avoid those impacts are
identified CEQA provides cities with the opportunity to prevent damage to the
environment by requiring changes to the project that would reduce those impacts.
This is a tool that allows cities to look at a project in an objective manner and find
solutions to environmental problems by studying impacts one by one and finding
ways to modify the project to modify those impacts, if possible. Sometimes there
will be environmental impacts that cannot be avoided and sometimes cities must
decide whether it wants to accept those unavoidable significant impacts. If the city
determines that the project benefits do not outweigh those impacts the project
would need to be denied. If the benefits of the project are so compelling that they
outweigh some of those unavoidable significant impacts the Commission can
approve the project but it would need to disclose to the public why it had made
those findings. The purpose of CEQA is not to generate paperwork. Even a
hospital which has a lot of noble, good and compelling reasons to be built in an area
the city is still required, as with any other project, to find out what the hospital will do
to the community and the environment in terms of noise, traffic, light and glare. The
JUNE 23, 2009 PAGE 2 PLANNING COMMISSION
bottom line is that CEQA is an objective process to disclose and minimize
environmental damage and provide full disclosure to the public in a transparent
manner.
ACDD/Gubman explained that the purpose of the EIR (Environmental Impact
Report) is to reflect the purpose of CEQA which is to inform governmental agencies
and the public in general of the environmental impacts of the proposed project.
EIRs are not required for all projects. For example, the Commission considers
projects at nearly every meeting that are "categorically exempt" such as a room
addition or home which, according to CEQA law, are not subject to the regulations
under CEQA. Some projects require a Mitigated Negative Declaration, the most
recent of which considered by the Planning Commission was the Institute of
Knowledge.
ACDD/Gubman responded to C/Shah that in the CEQA document it is clear that
there are several projects that are exempt from CEQA. There are some projects
that are not explicitly listed. However, there are criteria that allow local agencies to
make that decision. ACA/Wohlenberg said that exemptions are narrowly construed.
The project must clearly fit within the exemption in order to use the exemption.
ACDD/Gubman stated that when reviewing an EIR, CEQA states that technical
perfection is not a requirement, rather, it is the adequacy, completeness and best
good faith effort at full disclosure that is required. If an EIR is challenged, the courts
are not going to argue whether the environmental conclusions are correct. The
court wants to see that the document is sufficient in terms of providing information
to the public. As long as the traffic analysis is sound and is using generally
accepted practices, the conclusion that the decision -makers make will not be
challenged under CEQA. CEQA says the Draft EIR should normally be less than
150 pages and for proposals of unusual scope or complexity, the document should
normally be less than 300 pages. The Site D EIR is already in excess of 500 pages
and there are EIR's that run into thousands of pages. Ultimately, the EIR is a
document that is attempting to make it impervious to challenge or at the least, hold
up to a challenge. Unfortunately, this does not prevent lawsuits and sometimes the
length of the legal process of the EIR can kill a project.
ACA/Wohlenberg said that CEQA has greater degrees of scrutiny depending on the
impacts of the project. There is a list of projects that either the legislature or the
state bureaucracies have decided to drive. The EIR indicate there are impacts but
those impacts can be addressed and even though the impacts will remain significant
the benefits of the project outweigh the impacts. This becomes a judgment call and
that is where all of the legal challenges come into play and people are really just
challenging the judgment of the city which sometimes leads to lengthy lawsuits if
JUNE 23, 2009 PAGE 3 PLANNING COMMISSION
cities have to defend themselves.
ACDD/Gubman said that the EIR document should be written in plain language and
use graphics so that the decision -makers and the public can understand the
document. Technical reports will be separately bound that require technical
expertise but the EIR should simplify the complexities of the technical studies for
presentation to the public in an understandable and truthful manner. The Site D
EIR is plainly written but has technical complexities that will have to be addressed.
ACDD/Gubman continued stating CEQA requires that decisions be informed and
balanced. Court decisions have interpreted CEQA to include statements that EIR's
cannot be converted into an "instrument for the oppression and delay of social,
economic or recreational development for advancement." In short, the court is
saying that CEQA should not be misused as a weapon to kill a project. When
reviewing a project that has an EIR two separate decisions are required: 1) Does
the EIR do its job, and 2) whether to approve the project based on the EIR and
other factors such as, whether the project has over widened benefits to make those
significant impacts that cannot be mitigated sufficiently palatable or that the project
does not merit approval because the benefits gained do not outweigh one or more
of the significant impacts that cannot be avoided.
C/Lee asked if all states have this type of act. California is one of the worst for
business involvement for corporations and developers. As a result, a lot of people
are moving to other states. A very strict act is helpful to California but California is
losing so much money in spite of its potential. People can use CEQA as an
instrument to delay or litigate and documents are growing larger and larger. As a
developer he goes through many stages to build a house and his experience tells
him that every year there are more and more rescissions and this discourages
people from investing money into their communities so the community is getting
worse. In short, is CEQA good for California? There are so many laws and
regulations that people cannot comply with they tend to move away.
ACA/Wohlenberg responded to C/Lee that as with any policy there are benefits and
negatives. To him, this is what the legislature has adopted so the City needs to
work with it. He was not sure that every state had their own version of CEQA but
every state that he has investigated has some version of the law like CEQA that was
led from the federal level with states adopting their own versions. Folks in other
states seem to be going through almost the same process even though they may
have different names for it.
ACDD/Gubman said that some states have similar regulations to California and
there are states like Utah where businesses are fleeing to because it is much less
onerous. C/Lee asked if he understood that CEQA dictates the process for the
JUNE 23, 2009 PAGE 4 PLANNING COMMISSION
mitigation of the environmental impact, not just a specific statute for the law. Every
project has different variables and all rules cannot be written down so CEQA is a
kind of process and guideline of the mitigation. ACA/Wohlenberg reiterated that
CEQA says cities need to weigh the benefits of the project versus the unmitigated
impacts which is a factual determination. ACDD/Gubman said it is also good to
keep in mind that CEQA is the process for disclosing information but California has
county and state agencies that impose and enforce the regulations that may lead to
some competitive disadvantages to other states. ACA/Wohlenberg stated that
those agencies often give cities what the "threshold of significance" is and other
agencies are responsible for enforcing these things that tell cities if they are
producing a certain amount of pollutants per liter it is significant and cities must
mitigate that. Often times cities hands are tied with making the determination of
significance.
ACDD/Gubman stated an EIR consists of several components that collectively
make up the document. Every EIR needs to have an introduction and/or executive
summary which give the Commissioners an overview of the project and provide a
short synopsis that the EIR will eventually discuss. The introduction sets forth the
impacts and what the end result is after those impacts are mitigated. He
encouraged Commissioners to read the Executive Summary as a guide to other
parts of the document. Another important part of the EIR is the project description.
It needs to lay out what the project is, the size, the scope, the square footage, the
number of housing units and all of the specifications that are measurable that would
enable the Commission to move forward to begin to analyzing the potential
environmental impacts. Project objectives also need to be stated in the EIR. The
objectives outline what the project proponent intends to gain or achieve from the
project. The project objectives would be to create a Home Depot, for example, with
x square feet of floor space for each section of the store to serve the home
improvement needs of the sub -region in which it is located. The EIR is broken into
chapters covering all of the mandated environmental pockets that have to be looked
at such as transportation, traffic impacts, biological impacts, air quality, geological,
cultural resources, etc., all of which need to be studied in order to determine
whether or not those impacts are going to be significant and the EIR needs to say
what the "threshold" is — what is the trigger that would be pulled if the project was
implemented that would result in significant impacts. With that foundation in place,
the document would then go through the impact analysis covering all of those
topical areas.
C/Nolan asked if the thresholds were pre -determined as an umbrella for all projects
or for each individual project and ACDD/Gubman responded that thresholds can
vary from city to city but some thresholds are determined by the agencies he
previously mentioned. Ultimately, the city or lead agency determines what those
JUNE 23, 2009 PAGE 5 PLANNING COMMISSION
thresholds are and that is important because as other projects come forward that
require an EIR the Commission wants to make sure it is using the same threshold
for current and future projects. Within Diamond Barthe decision -makers need to be
consistent with what it has decided its thresholds will be.
ACDD/Gubman continued stating that after the impact analysis is complete the
Commission move forward to decide which impact has exceeded those thresholds,
if significant and to formulate mitigation measures to reduce those impacts,
hopefully to a point that they are less than significant which leads to the conclusion
or finding of what the ultimate impact is after mitigation. And then, the cumulative
impact needs to be looked at so that the Commission is not just looking at the
project itself but looking at what future projects are in the pipeline or are likely to
occur and look at similar impacts all of those projects will cumulative create. For
example, a project is going to add more traffic to an intersection. The project by
itself may cause delay of seconds at that intersection but as more projects come
online the impacts become more noticeable and finally become a problem. The
cumulative process is the methodology to foresee what the cumulative impact is and
what needs to be done with the impacted intersection such as widening the
intersection, etc. The last major component called the "no project impact" must be
considered. In other words, what is the impact of doing nothing, which is really the
baseline to measure the true project impacts? In addition, the Commission has to
evaluate "feasible" alternatives that can be done with the property that will have a
lesser impact than what is being proposed. Those alternatives give a better point of
reference to measure how much of an impact the project under consideration is
going to have.
ACA/Wohlenberg stated that theoretically, there are an infinite number of
alternatives but the Commission only has to consider alternatives that would reduce
one of the significant impacts more than the proposed project.
ACA/Wohlenberg responded to C/Shah that a determination is made that an EIR is
necessary if there are project impacts that cannot be mitigated below a means of
significant levels. When a Mitigated Negative Declaration is prepared it is saying
that this project will have significant impacts but if we apply these mitigation
measures all of those impacts will be reduced below the level of significance. When
CEQA was first written Mitigated Negative Declarations did not exist, they were
invented along the way and eventually incorporated into the statute by the
legislature. So with a Negative'Declaration cities are saying thatthey have reviewed
the impacts and are declaring to the universe that there are no significant impacts in
this project. Mitigated Negative Declarations are stating that there are significant
impacts but with the right mitigation measures those decrease below the level of
significance. An EIR says there are significant impacts but it is believed that the
JUNE 23, 2009 PAGE 6 PLANNING COMMISSION
benefits of the project outweigh the burden of those impacts.
ACDD/Gubman concluded that in the EIR process the Commissioners are the
decision -makers but are considered lay persons and Commissioners are not
assumed to be expected to be environmental experts. Therefore, Commissioners
should feel that they have confidence in the expertise of staff and the consultants
that have prepared the EIR and Commissioners use their common sense to see if
questions raised have been sensibly answered. The EIR consultant is in the
business of writing EIR's and has no agenda. The consultant does not work for the
developer. His job is to protect the city by writing an EIR that withstand legal
challenge. Staff would like for the Commissioners to feel comfortable that they can
put their trust in their staff to deal with the technical issues, answer questions and
explain the facts.
ACDD/Gubman concluded with a table -top exercise by going through the EIR
review process using the Site D EIR as an example. He encouraged the
Commission to immediately begin their formal review of the Site D EIR. The
Commission concurred to a follow up workshop on the Site D EIR prior to the next
regular meeting.
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 7:07 p.m.
The foregoing minutes are hereby approved this day of 12009.
Attest:
Respectfully Submitted,
Greg Gubman
Acting Community Development Director
Tony Torng, Chairman
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JULY 14, 2009
CALL TO ORDER:
Chairman Torng called the meeting to order at 7:05 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, Kathy Nolan, Jack Shah, Vice
Chairman Steve Nelson and Chairman Tony Torng.
Also present: Greg Gubman, Community Development Director, Katherine
Laufenburger, Senior Planner, 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. Regular Meeting Minutes of June 23, 2009
C/Shah moved, C/Lee seconded, to approve the Minutes of June 23, 2009
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
7. PUBLIC HEARINGS:
Lee, Nolan, Shah, Chair/Torng
None
VC/Nelson
None
7.1 Conditional Use Permit No. 2009-03 Under the authority of Diamond bar
Municipal Code Section 22.58, Vision 21 Art submitted a request to provide
art tutoring, art consultation and private art classes for college preparatory
JULY 14, 2009 PAGE 2 PLANNING COMMISSION
courses in conjunction with a retail art supply store.
PROJECT ADDRESS:
PROPERTY OWNER:
2040 Brea Canyon Road,
Suites 161 & 170
Diamond bar, CA 91765
Plaza Diamond Bar Partners, LLC
3029 Wilshire Boulevard, Suite 202
Santa Monica, CA 90403
APPLICANT: Massum Azizi, AIA
1470 Jamboree Road, Suite 200
Newport Beach, CA 92660
CDD/Gubman respectfully requested that the Planning Commission continue
this matter to the next regularly scheduled meeting of July 28, 2009. The
applicant failed to post the property within the required timeframe which
placed the notification out of full conformance with the Development Code
requirements.
VC/Nelson said he would second the motion if he were assured that the
applicant was given sufficient notice to post the property. CDD/Gubman
assured VC/Nelson that the applicant was given sufficient notice.
C/Nolan moved, VC/Nelson seconded, to continue Conditional Use Permit
No. 2009-03 to July 28, 2009. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Lee, Nolan, Shah, VC/Nelson
Chair/Torng
None
7.2 Development Review No. 2007-38 — Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant requested 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 Drive
(Tract 42589, Lot 29;
APN 8713-024-013
JULY 14, 2009 PAGE 3 PLANNING COMMISSION
Diamond Bar, CA 91765
PROPERTY OWNER: Billy Chung
17764 La Pasaita Ct.
Rowland Heights, CA 91748
APPLICANT: Massum Azizi, AIA
1470 Jamboree Road, Suite 200
Newport Beach, CA 92660
SP/Laufenburger presented staff's report and recommended Planning
Commission approval of Development Review No. 2007-38, based on the
Findings of Fact, and subject to the conditions of approval as listed within the
resolution.
VC/Nelson said he appreciated staff's anticipation of his concerns about
sensitive species versus open space. He asked to verify a variance of the
front yard setback based on the fact that the rear portion of the yard is
constrained because if this is the kind of house that is commensurate with
living in "The Country Estates" this is what the Planning Commission needs
to consider. PC/Laufenburger explained that when project comes back to
the Commission it would be the owner's intent to get the house comparable
to what is in the neighborhood.
Chair/Torng asked if it would impact the project were the Commission to
approve it today and not approve the variance when it came back to the
Commission. PC/Laufenburger responded that if the variance was not
approved the owner would have to push the house back to meet the front
yard setback requirement so that it would not encroach into the rear setback
or they would have to do something to make the depth of the house more
shallow to meet both the front yard and the rear yard setback.
There were no ex parte disclosures.
Chair/Torng opened the Public Hearing.
The applicant and owner were present but did not speak.
With no one who wished to speak on this matter, Chair/Torng closed the
Public Hearing.
JULY 14, 2009 PAGE 4 PLANNING COMMISSION
E.
0
VC/Nelson moved, C/Nolan seconded, to approve Development Review No.
2007-38, 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:
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Lee, Nolan, Shah, VC/Nelson,
Chair/Torng
None
None
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None
STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
Chair/Torng asked about the cell tower at Chaparral School. CDD/Gubman
responded that the school district asked Verizon to withdraw its application
due to the neighborhood opposition. The appeal was withdrawn and the
matter is closed.
CDD/Gubman stated that at its next meeting the Planning Commission will
hold a workshop at 6:00 p.m. in Room CC -8 to continue the discussion
regarding CEQA and tips on reading and EIR.
CDD/Gubman announced that effective July 1, 2009 he has been
permanently appointed Director.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
JULY 14, 2009 PAGE 5 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 7:17 p.m.
The foregoing minutes are hereby approved this day of
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Tony Torng, Chairman
2009.
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 -- FAX (909) 861-3117
AGENDA ITEM NUMBER:
MEETING DATE:
CASE/FILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
PROPERTY OWNER:
APPLICANT:
7.1
July 28, 2009
Conditional Use Permit No. 2009-03
Plaza Diamond Bar
2040 S. Brea Canyon Road, Suite 160 &
170 (APN: 8765-001-007)
To allow provide art tutoring, art
consultation and private art classes for
college preparatory courses in
conjunction with a retail art supply store.
Plaza Diamond Bar Partners, LLC
3029 Wilshire Boulevard, Suite 202
Santa Monica, CA 90403
Angie Kim, Vision 21
3700 Wilshire Blvd. Suite 1050
Los Angeles, CA 90010
STAFF RECOMMENDATION: Approve subject to conditions.
BACKGROUND:
A. Site Description
The project site is within Plaza Diamond Bar, a commercial center comprised of
three (3) parcels of land totaling approximately 4.83, acres located at the southwest
corner of Pathfinder Road and Brea Canyon Road. Vision 21 proposes to occupy
two tenant spaces that will be combined to total approximately 2,000 square feet.
The lease area is located on the first floor of a 26,615 square -foot commercial
building occupied by various professional offices, medical offices, restaurants and
other retail uses, including two existing tutoring centers that operate under
conditional use permits approved on April 24, 2007 and May 12, 2009.
On July 21, 2009 there was a fire in the Plaza Diamond Bar shopping center that
resulted in damage to a building on site (2020 Brea Canyon Road). The fire did not
affect the building in which the project site is located.
B. Site and Surrounding General Plan, Zoning and Use
ANALYSIS:
A. Application and Review Authority (Code Sections 22.58 and 22.10.030 -Table
A Conditional Use Permit (CUP) is required for uses whose effect on the
surrounding area cannot be determined before being analyzed for suitability at a
particular location. The C-2 zone requires approval of a CUP for specialized
education and non -degree training.
When reviewing a CUP, consideration is given to the location, design, configuration,
operational characteristics and potential impacts to determine whether or not the
proposed use will pose a detriment to the public health, safety and welfare. If it can
be found that the proposed use is likely to be compatible with its surroundings, the
Commission may approve the proposed use subject to conditions stipulating the
manner in which the use must be conducted. If the Commission finds that the
proposed use is likely to be detrimental to the general peace, health and general
welfare, then it must deny request.
Business Description
CUP 2009-03 Page 2
General Plan
Designation
zoning District
Land Use
Site
Professional Office
C-2
Retail Uses, Office
North
Open Space
OS
Open Space
South
Open Space
RL
Open Space
East
57 Freeway
57 Freeway
Freewa
West
Professional Office
C-1
Single Family Residential
ANALYSIS:
A. Application and Review Authority (Code Sections 22.58 and 22.10.030 -Table
A Conditional Use Permit (CUP) is required for uses whose effect on the
surrounding area cannot be determined before being analyzed for suitability at a
particular location. The C-2 zone requires approval of a CUP for specialized
education and non -degree training.
When reviewing a CUP, consideration is given to the location, design, configuration,
operational characteristics and potential impacts to determine whether or not the
proposed use will pose a detriment to the public health, safety and welfare. If it can
be found that the proposed use is likely to be compatible with its surroundings, the
Commission may approve the proposed use subject to conditions stipulating the
manner in which the use must be conducted. If the Commission finds that the
proposed use is likely to be detrimental to the general peace, health and general
welfare, then it must deny request.
Business Description
CUP 2009-03 Page 2
Vision 21 is an art and design college portfolio school with a small retail art supply
area. The school provides guidance and instruction in the preparation of art
portfolios for college applicants. The classes offered at Vision 21 provide one-on-
one private tutoring in a group environment to maximize learning. The average
class size is between 5 and 7 students. The classes are three (3) hours in length
offering a complete selection of prep classes to assist in the creation of art portfolios
needed for college applications. Vision 21 has a total of 4 employees and operates
Monday through Friday from 10:00 am to 8:30 pm and Saturday 9:00 am to 8:30
pm.
Compatibility
The tenant space that Vision 21 Art would like to occupy is located on the first floor
of a two-story building that currently has two tutoring centers in operation, various
medical offices, three restaurants, and small retail stores. As such, the operational
characteristics of Vision 21 Art are compatible with the existing and future uses in
the shopping center.
Parkin
Shopping centers over 50,000 square feet in size are required to provide 1 parking
space for every 300 square feet of gross floor area. With a total of 53,352 square
feet of building area on three parcels of land, Plaza Diamond Bar is required to
provide a minimum of 178 parking spaces for the entire center. The parcel that the
subject site is located on is developed with two buildings totaling 22,129 and
provides 126 parking spaces; the additional 52 spaces are located on the other two
parcels. One of the purposes of the CUP process is to consider potential impacts
the proposed use may have on parking in the shopping center. Vision 21 proposes
small class sizes; has only four (4) full time employees; and, due to the nature of the
business, does not generate a high demand for parking. Therefore, staff does not
foresee any parking issues resulting from the use as proposed
Additional Review
The Building and Safety Division reviewed this project and has provided conditions
of approval which are incorporated within the attached draft resolution.
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 CEQA, as set forth under Article 19
Section 15301(e) (Existing Facilities) of the CEQA Guidelines.
NOTICE OF PUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin and the San Gabriel
Valley Tribune as prescribed by law. Public hearing notices were mailed to property
owners within a 500 -foot radius of the project site and the public notice was posted in three
CUP 2009-03 Page 3
public places. The project was continued on July 14, 2009, to the July 28, 2009, public
hearing due to the failure of the applicant to post the site. The project site was posted with
a display board on July 17, 2009.
RECOMMENDATION:
Staff recommends that the Planning Commission approve Conditional Use Permit
No. 2009-03, Findings of Fact and conditions of approval as listed within the attached
resolution.
Prepared by:
I — 2/16d��
Katherine Laufenburg
Senior Planner
Attachments:
1. Draft Resolution
2. Aerial
3. Exhibit "A" - site plan and floor plan
Reviewed by:
Greg Gubman, AICP,
Community Development Director
CUP 2009-03 Page 4
PLANNING COMMISSION
RESOLUTION NO. 2009 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 2009-03, A
REQUEST TO ESTABLISH ART INSTRUCTION WITHIN AN EXISITNG LEASE
SPACE AT 2040 S. BREA CANYON ROAD, SUITES 160 AND 170 IN THE
PLAZA DIAMOND BAR SHOPPING CENTER (APN: 8765-001-007).
A. RECITALS
Property owner, Plaza Diamond Bar Partners, LLC, and applicant, Vision 21 Art
have filed an application for Conditional Use Permit No. 2009-03 to allow art
tutoring, art consultation and private art lessons for college preparatory classes to
take place at 2040 S. Brea Canyon Road, Suites 160 and 170, Diamond Bar, Los
Angeles County, California (:Project Site"). Hereinafter in this Resolution, the
subject Conditional Use Permit shall be referred to as the "Proposed Use."
2. Public hearing notices were mailed to approximately nine property owners within a
700 -foot radius of the Project Site on July 3, 2009. Notification of the public
hearing for the Proposed Use was published in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers. Also, the Project Site was posted with a
display board and the public notice was posted in three public places on July 17,
2009.
3. On July 14, 2009, the Planning Commission continued the public hearing originally
scheduled to take place for Conditional Use Permit 2009-03 to July 28, 2009, due
to lack of proper public notice being posted on the property in which the Project
Site is located.
4. On July 28, 2009, the Planning Commission of the City of Diamond Bar conducted
and concluded a duly noticed public hearing on the Proposed Use.
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 has determined the Application to be Categorically Exempt
from the provisions of the California Environmental Quality Act (CEQA) in accordance
with the provisions of Article 19 Section 15301(a) of the CEQA Guidelines (Existing
Facilities). 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:
a. The Proposed Use is allowed within the subject zoning district with the approval
of a conditional use permit and complies with all other applicable provisions of
this Development Code and the Municipal Code.
In accordance with Diamond Bar Municipal Code (DBMC) Section 22.10.030,
Table 2-6, specialized education and non -degree training are permitted in the
C-2 zoning district with approval of a conditional use permit. Additionally, the
proposed Project complies with other applicable provisions of the Development
Code and Municipal Code.
b. The Proposed Use is consistent with the General Plan and any applicable
specific plan.
The Proposed Use is compatible with the surrounding neighborhood and
consistent with General Plan Strategy 1.3.3: "Encourage neighborhood serving
retail and service commercial uses" The subject property is not located within a
specific plan area.
c. 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 Use is located within two existing tenant spaces on the first floor
of a commercial building which is occupied by a tutoring center and college
counseling office which operate under approved CUP's, professional offices,
restaurants, and other similar uses. As such, the operational characteristics are
compatible with the existing and future lands uses in the vicinity.
d. The subject site is physically suitable for the type and densitylintensity of use
being proposed, including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints.
The Project Site is located within an existing commercial building that is
developed for the use of retail and office type uses; the Proposed Use provides a
service that is compatible with the other uses that operate within the subject
property.
e. Granting the conditional use permit will not be detrimental to the public interest,
health, safety, convenience, or welfare, or injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is located.
The Proposed Use shall, at all times, be subject to the requirements of the
Diamond Bar Building Code, and those of all other applicable regulatory
agencies, such as the Occupational Safety and Health Administration (OSHA).
The referenced agencies, through the permit and inspection process, will ensure
2
Planning Commission Resolution No, 2009 -XX
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 the attached
standard conditions:
Planning Division
(a) The establishment is approved as an art instruction business as described
in the application on file with the Planning Division, the Planning
Commission staff report for Conditional Use Permit 2009-03 dated July 28,
2009, and the Planning Commission minutes pertaining thereto, hereafter
referred to as the "Use".
(b) The project shall substantially conform to the approved plans as submitted
and approved by the Planning Commission and on file with the Community
Development Department.
(c) This Conditional Use Permit shall be valid only for 2040 S. Brea Canyon
Road, Suites 160 and 170. If the Use moves to a different location or
expands into additional tenant spaces, the approved Conditional Use
Permit shall terminate and a new Conditional Use Permit approved by the
Planning Commission shall be required for the new location. If the Use
ceases to operate, the approved Conditional Use Permit shall expire.
(d) All employees of the Use shall use parking in the rear of the commercial
center.
(e) The hours of operation shall be limited to 10:00 a.m. to 8:30 p.m. Monday
through Friday, 9:00 a.m. to 8:30 p.m. Saturday, and closed on Sundays.
Any changes to these hours of operation shall be subject to staff review
and require an amendment to the approved CUP.
(f) Tutoring classes shall be limited to a maximum of ten (10) students per
session. An increase in the number of students shall require an
amendment to the approved Conditional Use Permit.
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:
Plaza Diamond Bar Partners, LLC, 3029 Wilshire Boulevard, Suite 202,
Santa Monica, CA 90403; and Vision 21 Art, 3700 Wilshire Blvd, Suite
1050, Los Angeles, CA 90010.
3
Planning Commission Resolution No. 2009 -XX
APPROVED AND ADOPTED THIS 28T" DAY OF JULY, 2009, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
Wj
Tony Torng, Chairman
I, Greg Gubman, 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 28th day of July
2009, by the following vote:
AYES: Commissioner:
NOES: Commissioner:
ABSTAIN: Commissioner:
ABSENT: Commissioner:
ATTEST:
Greg Gubman, Secretary
4
Planning Commission Resolution No. 2009 -XX
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. 2009-03
SUBJECT: Establishment of an art instruction business
APPLICANT: Vision 21 Art - Angie Kim
LOCATION: 2040 S. Brea Cannon Road, Suites 160 and 170,
Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT
(909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Conditional Use Permit No. 2009-03 brought
within the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made a party
of any such action:
5
Planning Commission Resolution No 2009 -XX
(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 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 Conditional Use Permit No. 2009-03, 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. The business owners and 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. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
5. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
6. 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.
7. To ensure compliance with all conditions of approval and applicable codes,
the Conditional Use Permit shall be subject to periodic review. If non-
compliance with conditions of approval occurs, the Planning Commission
may review the Conditional Use Permit. The Commission may revoke or
modify the Conditional Use Permit.
8. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
9. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
6
Planning Commission Resolution No. 2009 -XX
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever come first), as required by the City. School fees as
required shall be paid priorto the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts forthe processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Conditional Use Permit 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.
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.
5. The minimum design load for wind in this area is 85 M.P.H. exposures "C"
7
Planning Commission Resolution No. 2009 -XX
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.
6. The plans submitted must reflect the proposed construction and be wet ink
signed by the design professional under whose supervision the documents
were prepared.
7. This project shall comply with all Accessibility Code requirements
including accessible parking, path of travel, elevators, restrooms,
drinking fountains, etc. Provide compliance with van accessible
parking, path of travel, etc. Reception counter shall comply with the
title 24 accessibility requirements.
8. This project shall comply with the energy conservation requirements of the
State of California Energy Commission.
9. Specify location of tempered glass as required by code.
10. Verify adequate exit requirements. The distance between required
exits shall be'/z of the building diagonal.
11. 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.
12. Fire Department approval shall be required. Contact the Fire
Department to check the fire zone for the location of your property. If
this project is located in High Hazard Fire Zone it shall meet of
requirements of the fire zone.
END
8
Planning Commission Resolution No. 2009 -XX
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PLANNING COMMISSION
AGENDA REPORT
21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839 -7030 ---FAX (909) 861-3117—www.cityofdiamondbar.com
AGENDA ITEM NUMBER: 8.1
MEETING DATE: July 28, 2009
CASE/FILE NUMBER: Variance 2009-01
PROJECT LOCATION: 22878 Canyon View Drive, Diamond Bar, CA 91765
(Tract 51169, Lot 9, APN 8713-024-013)
APPLICATION REQUEST: Allow a 10 foot encroachment into the required 30 -foot
front setback for the construction of a new two-story
single family residence.
ZONING DESIGNATION
GENERAL PLAN
DESIGNATION:
PROPERTY OWNERS:
Rural Residential (RR)
Rural Residential (RR)
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") nearthe 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. On July 14, 2009 a new 10,738 square foot single family
residence was approved with a condition that the applicants revise the site plan to
provide a 30 foot front setback or obtain approval of a variance to allow a reduced
front setback. The staff report and resolution for the new single family residence is
included as Attachment B.
The site is legally described as Lot 9 of Tract No. 51169, and the Assessor Parcel
Number is 8713-024-013.
B. Proiect Description: The applicant is requesting a variance to allow a 10 foot
encroachment into the required front yard setback.
ANALYSIS:
A. Review Authority (Diamond Bar Municipal Code Chapter 22.54)
A request for a variance may only be granted when there are special circumstances
applicable to the property such as shape, size, surroundings, topography or other
conditions and the strict application of the development code denies the property
owner privileges enjoyed by other property owners in the vicinity and under identical
zoning districts.
B. Variance Request
The variance is requested due to a large slope and drainage easement that
encompasses over 66% of the rear portion of the lot. No development may occur
within this easement's boundaries. This no -build easement would create a narrow
building envelope if full compliance with the setback requirements is mandated.
Easement
The subject site was developed as part of a 13 lot tract map that was recorded in
the early 1990s. All lots were developed with a slope and drainage easement
located to the rear of the building pad in order to ensure that no construction took
place in this area. These easements result in predetermined building pads that limit
the area of ach lot. Unlike most lots in The Country that can build into slopes with
retaining walls and fill, the subject site does not have that option, limiting
construction to the 14,585 square pad area on the 43,273 square foot lot.
Page 2
VAR 2009-01
Building Pad
The 13 lot map was designed with building pads incorporated into the existing
topography so that they were located on the flattest part of each lot. This resulted in
most of the pads being set back from the street to accommodate existing slopes
and grading, making the required 30 foot front setback feasible for most of the
homes. The building pad for the subject site is approximately 140 feet wide by 105
feet deep and is situated right at the street frontage. The required setbacks would
reduce the buildable area to 115 feet by 50 feet, creating a wide and shallow
building pad. The depth of the building pad is very shallow in comparison with most
lots of the same or smaller size, limiting the ability of the homeowner to construct a
residence that is comparable to other homes in the area.
Front Setback
The proposed residence encroaches ten (10) feet into the required front yard
setback in two areas. The portions of the residence that encroach into the setback
are a portion of the two -car garage located on the east side of the residence and the
master bedroom above it, and a portion the playroom located on the west side of
the residence with a balcony above. The bulk of the second story massing is set
back approximately 40 feet. The limited massing of the two areas that encroach
into the required setback area limits the impact of the reduced setback on the street
and provides for articulation along the front elevation. Requiring the proposed
residence to meet the 30 foot front setback would require the applicant to increase
the massing at the front of the residence in order to obtain the size of home that is
comparable to most homes in The Country. The 13 lot tract map the subject site is
part of has an average home size of 9,551 square feet of living space; the residence
approved for the subject site has a total living space of 9,506 square feet.
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 15305(a) of the CEQA
Guidelines (minor alterations in land use limitations). No further environmental review is
required.
RECOMMENDATION:
Page 3
VAR 2009-01
Staff recommends that the Planning Commission adopt the attached Resolution approving
Variance No. 2009-01 based on the findings set forth under Section 22.54.040 of the
Development Code, subject to conditions.
Prepared by:
Katherine Lau enb er
Senior Planner
Attachments:
Reviewed by
Greg Gub an, AICP
Community Development Director
A. Draft Resolution of Approval
B. Planning Commission Staff report and Resolution for DR 2007-38
C. Aerial Photo
D. Tract Map, Site Plan and Elevations.
Page 4
VAR 2009-01
PLANNING COMMISSION
RESOLUTION NO. 2009 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING VARIANCE 2009-01 TO
ALLOW A NEW TWO-STORY RESIDENCE TO ENROACH INTO THE
REQUIRED FRONT YARD SETBACK 10 FEET 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 a variance to allow a
ten (10) foot reduction in the required front setback (from 30 feet to 20 feet) in
order 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.
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 approved Development Review
2007-38 to allow the construction of a two-story 10,738 square foot single family
residence.
6. On July 28, 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 15305(a) of the CEQA
Guidelines (minor alterations in land use limitations). No further environmental
review is required.
VARIANCE FINDINGS
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:
a. There are special circumstances applicable to the property (e.g., location,
shape, size, surroundings, topography, or other conditions), so that the strict
application of this development code denies the property owner privileges
enjoyed by other property owners in the vicinity and under identical zoning
districts or creates an unnecessary, and non -self-created, hardship or
unreasonable regulation which makes it obviously impractical to require
compliance with the development standards.
The subject site was developed as part of Tract Map 51169. The 13 lot map
was designed with building pads incorporated into the existing topography
so that they were located on the flattest part of each lot. This resulted in
most of the pads being set back from the street to accommodate existing
slopes and grading, making the required 30 foot front setback feasible for
most of the homes. The subject lot in question, 22878 Canyon View, has a
wide and shallow building pad located right at the street frontage, with a
slope and drainage easement located over the entire portion of the lot not
dedicated to the building pad. The site is approximately 43,273 square feet
in area, with only 14,585 square feet available for development, resulting in
over 66% of the lot being located within the easement area. The slope and
drainage easement in the rear of the lot limits the ability of the proposed
residence to build into the slope as is common in the RR zoning district,
requiring them to encroach into either the front or rear setback in order to
construct a house that is comparable in size to those in the immediate area.
Additionally, the requested variance will allow for the design of the residence
to have a front elevation that does not result in a large "box -like" design, but
rather a well designed single family home with varied massing and
articulation at the front elevation.
b. Granting the variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other property owners in the same
vicinity and zoning district and denied to the property owner for which the
variance is sought.
The subject site has a building pad area that is approximately 105 feet deep
at the deepest point on the site. This limits the ability of the property owner
to construct a house that is comparable is size and design as those located
in the immediate vicinity and zoning district. The variance to allow a
2
Variance No. 2009-01
reduced front yard setback will allow the property owners to construct a
residence that is similar to those located in the vicinity.
c. Granting the variance is consistent with the general plan and any applicable
specific plan.
The variance is consistent with the general plan as it will allow for the
development of a single family home that is in scale with the surrounding
residences. The site is not located within a specific plan area.
d. The proposed entitlement would not be detrimental to the public interest,
health, safety and convenience, or welfare of the City.
The requested variance for a new single-family residence is consistent with
the established 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) The project shall comply with all conditions of approval for
Development Review 2007-38, Planning Commission Resolution
2009-14, approved on July 14, 2009.
b. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
the applicant, 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
Variance No. 2009-01
APPROVED AND ADOPTED THIS 28" DAY OF JULY 2009, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
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 28th day of July, 2009, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
4
Variance No. 2009-01
I , �I I I W COMMUNITY DEVELOPMENT DEPARTMENT
St
s+�s0
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Variance 2009-01
SUBJECT: Reduction of front yard setback requirement
PROPERTY Billy Chung
OWNER: 17764 La Pasaita Ct.
Rowland Heights, CA 91748
APPLICANT: Masum Azizi, Al
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 Variance 2009-01 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
Variance No. 2009-01, 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 conditions in Resolution No. 2009-14 for Development Review No. 2007-38
shall be complied with.
5
Planning Commission Resolution No. 2009 -XX
PLANNING COMMISSION
AGENDA REPORT
21825 COPLEY DRIVE -DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.cityofdiamondbar.com
AGENDA ITEM NUMBER: 7.1
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
between adjoining
25 feet
26-0" — west side
Yes
structures
34'-10" — east side
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
Height
Maximum Height 6 feet
Not to exceed 6 feet
Yes
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 for the exterior finish 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 that the Planning Commission adopt the 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 er
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. 2009-14
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(a) 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. 2009-14
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.
b. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
the applicant, 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. 2009-14
APPROVED AND ADOPTED THIS 14" DAY OF JULY 2009, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
To orng, Chairm
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
Development Review No. 2007-38
I_I ' COMMUNITY DEVELOPMENT DEPARTMENT
r.r oxrmm"r`�,
Magi
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 56499.37. 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. 2009-14, 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
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
1. The project site shall be developed and maintained in substantial conformance
with the approved plans submitted to, approved, and amended herein by the
Planning Commission, 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.
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
1. 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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LITS
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 -- TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NUMBER:
MEETING DATE:
CASE/FILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST
PROPERTY OWNERS:
EM
July 28, 2009
Development Review No. 2009-02
Diamond Creek Village
21080 Golden Springs Drive
To establish and construct a small collection
recycling facility
Lakeview Village Corporation
12901 Harbor Boulevard, Suite A-5
Garden Grove, CA 92840
APPLICANT: Sanchez Recycling
1138 South Shawnee Drive
Santa Ana, CA 92704
STAFF RECOMMENDATION: Approve, subject to conditions
BACKGROUND:
A. Site Description
The project site is located within Diamond Creek Village, an 113,967 square -foot
commercial center comprised of eight parcels of land totaling approximately 9.84 acres
at the southwesterly corner of Golden Springs Drive and Brea Canyon Road. The
applicant proposes to locate a small collection recycling facility within a multi -tenant
shopping center occupied by various retail stores, a bank, restaurants and a
supermarket.
B. Project Description
A small collection facility is a recycling center that only accepts household glass, metal
and plastic containers, paper and reusable items. Small collection facilities are
accessory uses, usually within shopping centers, and typically do not occupy an area
larger than three parking spaces.
The facility is being proposed at one of two alternate locations. "Location 1" is on the
southeast section of the shopping center behind Market World, facing Brea Canyon
Road. "Location 2" is on the southwesterly section of the property by the loading dock
of a 39,000 square foot unit (see site plan).
Design Features
The proposed small collection recycling facility consists of the following components:
• Two changeable containers that will store the recyclables (glass, metal and plastic
containers; paper and reusable items). The logo of the company is on the side of
the containers.
• A kiosk will be connected to the front of the containers where an attendant will be
stationed during working hours to separate, weigh and pay customers for the
recyclables.
Facility Operational Characteristics
The proposed small facilities recycling center will have one attendant present during
business hours. Maintenance and replacement of the containers will only occur during
business hours. Proposed hours of operation are as follows:
• Monday through Friday — 9:00 am to 5:00 pm
• Saturday — 9:00 am to 2:00 pm
•
Sunday—Closed
DR 2009-02 Page 2 of 5
C. Site and Surrounding General Plan Designations, Zoning and Uses
ANALYSIS:
A. Review Authority (Code Section 22.48, 22.42.100, and 22.10.030 Table 2-6)
Development Review (DR) approval is required to ensure compliance with the City's
Design Guidelines and development standards, and to minimize adverse effects on
the surrounding properties and environment. The C-3 zone requires approval of a DR
application for small collection recycling facilities.
When reviewing a DR application for a small collection recycling facility, consideration
is given to the location, design, configuration, operational characteristics and potential
impacts to determine whether or not the proposed use will generate compatibility
issues. If it can be found that the proposed use is likely to be compatible with its
surroundings, the Commission may approve the proposed use subject to conditions
stipulating the manner in which the use must be conducted. Because small collection
recycling facilities are permitted by right in the C-2 zone, reasonable accommodations
for such uses must be provided.
B. State Requirements
California Public Resource Code 14571(a) requires that a certified recycling center be
located within a half -mile radius of a supermarket that grosses $2 million or more in
annual sales. Because there is presently not a recycling center within a half -mile
radius of Market World, the proposed small collections recycling facility would satisfy
the State requirement.
C. Location of Proposed Facility
Staff asked the applicant and property owner to identify two potential locations for the
proposed recycling center. The rationale for this approach is that since the City must
accommodate the use somewhere on the site, the option of an alternative location
offers the opportunity to ameliorate aesthetic or compatibility issues that the public or
Commission may have with the initial site selection.
DR 2009-02 Page 3 of 5
General Plan
Zoning District
Land Use
Designation
Site
General Commercial
C-2
Retail Use
North
General Commercial
C-2
Service Station and
Restaurant Use
South
Low -Medium
RLM
Residential Use
Residential
East
Low -Medium
RLM
Residential Use
Residential
West
Medium Density
RL
Residential Use
Residential
ANALYSIS:
A. Review Authority (Code Section 22.48, 22.42.100, and 22.10.030 Table 2-6)
Development Review (DR) approval is required to ensure compliance with the City's
Design Guidelines and development standards, and to minimize adverse effects on
the surrounding properties and environment. The C-3 zone requires approval of a DR
application for small collection recycling facilities.
When reviewing a DR application for a small collection recycling facility, consideration
is given to the location, design, configuration, operational characteristics and potential
impacts to determine whether or not the proposed use will generate compatibility
issues. If it can be found that the proposed use is likely to be compatible with its
surroundings, the Commission may approve the proposed use subject to conditions
stipulating the manner in which the use must be conducted. Because small collection
recycling facilities are permitted by right in the C-2 zone, reasonable accommodations
for such uses must be provided.
B. State Requirements
California Public Resource Code 14571(a) requires that a certified recycling center be
located within a half -mile radius of a supermarket that grosses $2 million or more in
annual sales. Because there is presently not a recycling center within a half -mile
radius of Market World, the proposed small collections recycling facility would satisfy
the State requirement.
C. Location of Proposed Facility
Staff asked the applicant and property owner to identify two potential locations for the
proposed recycling center. The rationale for this approach is that since the City must
accommodate the use somewhere on the site, the option of an alternative location
offers the opportunity to ameliorate aesthetic or compatibility issues that the public or
Commission may have with the initial site selection.
DR 2009-02 Page 3 of 5
Location 1 is the preferred site for the proposed recycling center. It would be seen
from Brea Canyon Road, would have easier access and be more easily seen from the
street. This location is 50 feet from the nearest residential property.
In contrast, Location 2 does not have direct street access and would be hidden from
street view. This location is 65 feet from the nearest residential property. However,
should Location 1 raise legitimate concerns during the hearing process, Location 2
would be acceptable to the applicant and property owner.
C. Additional Review
The Public Works Department and Building and Safety Division reviewed this project.
Their comments are included in the resolutions as conditions of approval.
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners within a 500 -foot radius of the project
site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily
Bulletin newspapers. A notice display board was posted at the site, and a copy of the 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 CEQA pursuant to the provisions of Article 19 Section 15303
(New Construction of Small Facilities or Structures) of the CEQA Guidelines.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the attached resolution
(Attachment 1) approving Development Review 2008-21, to establish and construct a small
collections recycling facility at Location 1, as depicted on the plans in Exhibit "A," and based
on the findings of DBMC Sections 22.48.040, subject to conditions.
Prepared by:
Aft, bra
Natalie ..: •
Planning Technician
Reviewed by:
-"'1&J%W
Greg Gubman, ICP
Community Development Director
Attachments: 1. Draft Resolution Approving DR 2009-02.
2. Aerial
Exhibit "A" — Project Plans
DR 2009-02 Page 4 of 5
PLANNING COMMISSION
RESOLUTION NO. 2009 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2009-02, TO
ESTABLISH AND CONSTRUCT A SMALL COLLECTIONS RECYCLING FACILITY
LOCATED AT 21080 GOLDEN SPRINGS DRIVE (APN: 8763-008-017)
A. RECITALS
1. The property owner, Lakeview Village Corporation, and applicant, Sanchez
Recycling, have filed an application for Development Review No. 2009-02 to
establish and construct a small collections recycling facility to be located at
Diamond Creek Village, 21080 Golden Springs Drive, City of Diamond Bar, County
of Los Angeles, California. Hereinafter in this Resolution, the subject
Development Review shall collectively be referred to as the "Project."
2 Notification of the public hearing for this Project was provided in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices
were mailed to property owners within a 500 -foot radius of the Project site and
public notices were posted at the City's designated community posting sites. In
addition to the published and mailed notices, the project site was posted with a
display board.
On July 28, 2009, the Planning Commission of the City of Diamond Barconducted
and concluded a duly noticed public hearing on the Project.
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 hereby determines the project to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to the provisions of Article 19, Section 15303 (New Construction of Small
Facilities or Structures) of the CEQA Guidelines.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under Diamond
Bar Municipal Code (DBMC) Section 22.48.040, this Planning Commission hereby finds
as follows:
The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments);
The design and layout of the Project is consistent with the General Plan,
development standards of the applicable district, design guidelines, and
architectural criteria for specialized areas (e.g., theme areas, specific plans,
community plans, boulevards, or planned developments.)
2. The design and layout of the proposed development will not interfere with the use
and enjoyment of neighboring existing or future development and will not create
traffic or pedestrian hazards;
The design and layout of the Project will not interfere with the use and enjoyment
of neighboring existing or future development, and will not create traffic or
pedestrian hazards.
3. The architectural design of the proposed development is compatible with the
character of the surrounding neighborhood and will maintain the harmonious,
orderly and attractive development contemplated by Chapter 22.48.20.
Development Review Standards, City Design Guidelines, the City's General Plan,
or any applicable specific plan;
The architectural design of the Project 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.
4. The design of the proposed development will provide a desirable environment for
its occupants and visiting public as well as its neighbors through good aesthetic
use of materials, texture, and color that will remain aesthetically appealing and will
retain a reasonably adequate level of maintenance;
The design of the Project will provide a desirable environment for its occupants
and visiting public, as well as its neighbors, through good aesthetic use of
materials, texture, and color that will remain aesthetically appealing.
5. The proposed development will not be detrimental to public health, safety or
welfare or materially injurious (e.g., negative affect on property values or resale(s)
of property) to the properties or improvements in the vicinity;
Prior to the issuance of any City permits, the Project is required to comply with all
conditions within the approved resolution and the Building and Safety Division, and
Public Works Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project is not
detrimental to the public health, safety or welfare or materially injurious to the
properties or improvements in the vicinity. Additionally, the proposed project will
2
Planning Commission Resolution No. 2009 -XX
not have a negative affect on property values or in the vicinity.
D. CONDITIONALS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application subject to the following conditions:
The project shall substantially conform to Site Plan, Elevations, and Details
collectively labeled and referenced herein as Exhibit "A" dated May 14, 2009, as
submitted to, amended herein, and approved by the Planning Commission.
2. Applicant shall comply with all Federal, State and City regulations.
3. To ensure compliance with all conditions of approval and applicable codes, the
Development Review shall be subject to period review. If non-compliance with
conditions of approval occurs, the Planning Commission may review the
Development Review. The Commission may revoke or modify the Development
Review.
4. Hours of operation shall be Monday through Friday 9:00 am to 5:00 pm, Saturday
9:00 am to 2:00 pm and closed on Sundays.
5. Size of the small collection facility shall not exceed 3 parking spaces or 400 square
feet.
6. The location of the small collection facility shall be as approved by the Planning
Commission and annotated in the stamped plans on file with the Planning Division.
7. The small collection facility shall at all times be subject to the operational criteria
set forth under DBMC Section 22.42.100 (2) b.
8. Applicant shall ensure that the containers and kiosk shall be locked to prevent
unauthorized entry or removal of recyclables during non -business hours.
9. The site shall be maintained in a condition free of trash, debris, refuse, and
undesirable vegetation. All graffiti shall be removed within 24 hours of being
found.
10. On-site restroom facilities shall be provided for the attendants of the recycling
facility. The location of portable restroom facilities shall be subject to Community
Development Director approval.
11. The colors of the collection containers and kiosk shall be compatible with the
immediate surroundings of the small collection facility.
12. Identification and directional signage associated with the small collection facility
shall be in conformance with DBMC Section 22.36
3
Planning Commission Resolution No. 2009 -XX
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: Sanchez
Recycling, 1138 S. Shawnee Drive, Santa Ana, CA 92704 and Lakeview Village
Corporation, 12901 Harbor Boulevard, Suite A-5, Garden Grove, CA 92840.
APPROVED AND ADOPTED THIS 28TH DAY OF JULY 2009, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
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 28th 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
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. 2009-02
SUBJECT: Small Collections Recycling Facility
APPLICANT: Sanchez Recycling
LOCATION: Diamond Creek Village, 21080 Golden Springs Dr., Diamond
Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant shall
defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul, the approval of Development Review No. 2009-02 brought within the time
period provided by Government Code Section 66499.37. In the event the city
and/or its officers, agents and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City
descendents. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and owner
of the property involved have filed, within twenty-one (21) days of approval of this
Development Review No. 2009-02, at the City of Diamond Bar Community
Development Department, their affidavit stating that they are aware of and agree
5
Planning Commission Resolution No. 2009 -XX
to accept all the conditions of this approval. Further, this approval shall not be
effective until the applicants pay remaining City processing fees, school fees and
fees for the review of submitted reports.
3. All designers, architects, engineers, and contractors associated with this project
shall obtain a Diamond Bar Business License and zoning approval for those
businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2009 -XX, Standard
Conditions, and all environmental mitigations shall be included on the plans (full
size). The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped by a
licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations incorporating all
Conditions of Approval shall be submitted for Planning Division review and
approval.
6. Prior to any use of the project site or business activity being commenced thereon,
all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, and elevation plans shall be coordinated for consistency prior to
issuance of City permits (such as grading, tree removal, encroachment, building,
etc.,) or approved use has commenced, whichever comes first.
10. Applicant shall remove the public hearing notice board within three days of this
project's approval.
11. 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 come first.
6
Planning Gommisslon Resolution No. 2M -XX
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. 2009-02 shall expire within two years
from the date of approval if the use has not been exercised as defined in
accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may
request in writing a one year time extension subject to Municipal Code
Section 22.60.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
The project site shall be developed and maintained in substantial conformance
with the approved plans submitted to, approved, and amended herein by the
Planning Commission, collectively labeled and referenced herein as Exhibit "A"
including: site plans, floor plans, architectural elevations, exterior materials and
colors on file in the Planning Division, the conditions contained herein and
Development Code regulations.
2. All structures, including walls, shall be maintained in a structurally sound, safe
manner with a clean, orderly appearance. All graffiti shall be removed within
24 hours by the property owner/occupant.
F. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during and
after the construction, addition, or implementation of the entitlement approved
herein. The removal of all trash, debris, and refuse, whether during or subsequent
to construction shall be done only by the property owner, applicant or by a duly
permitted waste contractor, who has been authorized by the City to provide
collection, transportation, and disposal of solid waste from residential, commercial,
construction, and industrial areas within the City. It shall be the applicant's
obligation to insure that the waste contractor used has obtained permits from the
City of Diamond Bar to provide such services.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. A separate trash receptacle outside the recycling center shall be included for
additional waste that may accumulate during open and closed hours. This trash
receptacle shall have a lid to keep rodents and birds from distributing the waste
when the center is closed.
7
Planning Commission Resolution No. 2009 -XX
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and the
California Electrical Code) requirements and all other applicable construction
codes, ordinances and regulations in effect at the time of plan check submittal.
2. The minimum design load forwind in this area is 85 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.
3. 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.
4. 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.
5. 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.
6. The applicant shall submit a total of 2 full set of plans for review to the Building &
Safety Division after the plans have been approved by the Planning
Division/Commission.
7. The applicant shall provide a copy of the manufacturers installation specifications
for the pre -fabricated structure prior to plan check submittal.
8. This project shall comply with all Accessibility Code requirements including
accessible parking, path of travel, entry, etc.
END
8
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 28, 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 24, 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 24, 2009, at Diamond Bar, California.
Ma cy ilario
g \\affidavitposttng.doc
GIA'OF THE
To: Community Development DeparErerttntMft on
Subject: Variance 2009-01(" project") JUL 27 1; fC:
Date and Time of Hearing: Tuesday, July 289-009, 7:OOPM
We are the residents that live in this area, close to the planning site of 22878
Canyon View Rd. Diamond Bar, CA.
We are against the proposal that the planning site requests the front setback of
only 20 feet in order to construct a new 10, 738 square foot residence on a 43,273
square feet lot. Anyone who wishes to build a house should follow the law to
have the front setback 30 feet minimum. Because this is not a narrow or small
amount of area, the law should not have to make any exceptions or
accommodate the request to reduce 33% setback in order to build a larger house.
This would only create an irregular view of the once parallel street of houses. All
the houses built by the Horizon Pacific: Contractor were abiding by the law and
equal minimum setback of at least 30 feet.
This request is illegal according to the State law and the Diamond Bar Municipal
Code and also violates the act of fairness to all residents of this area.
Thank you for your support and fight for the justice of law.
Resident Signature Address
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