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Home My WebLink About08/10/2010FILE COPY PLANNING U August 10, 2010 7:00 P.M. South Coast Air Quality Management District Government Center Building — Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Chairman Vice Chairman Commissioner Commissioner Commissioner Tony Torng Kathleen Nolan Kwang Ho Lee Steve Nelson Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title I/ of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person J . n need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission 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 ca 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(a-)ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, August 10, 2010 CRT;= Next Resolution No. 2010-22 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Kathleen Nolan, Kwang Ho Lee, Steve Nelson, 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 voluntary). There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: July 27, 2010. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review and Minor Variance No. PL 2009-96 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.52, the applicant is requesting approval to construct a new 15,061 square -foot single family residence and 900 square -foot second unit, and a Minor Variance for eight -foot high retaining walls. on a 57,935 square -foot (1.3 acres), Rural Residential (RR) zoned parcel with an underlying General Plan land use designation of Rural Residential (RR). Project Address: 2488 Alamo Heights Dr. (APN 8713-028-003) AUGUST 10, 2010 PAGE 2 PLANNING COMMISSION AGENDA Property Owner: Syed Madad & Meher Tabatabai 2452 Alamo Heights Dr. Diamond Bar, CA 91765 Applicant: Bill Hanson Distinguished Homes 160 S. Old Springs Rd., Suite 170 Anaheim Hills, CA 92808 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based -on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15303(a) (new construction of one single-family residence) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review and Minor Variance No. PL 2009-96 based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2009-05, Variance No. 2009-02, and Tree Permit No. 2009-02 - Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.54, the applicant is requesting approval to construct an 11,073 square -foot new single-family residence on a 44,317 square -foot (1.02 acres), Rural Residential (RR) zoned parcel with an underlying General Plan land use designation of Rural Residential (RR). A Variance is requested to allow wall heights to be increased from six feet to varying heights up to 12.8 feet. A Tree Permit is being requested to allow the removal of five u -iW -T -S s��outffe—rn--C�afifb-r—ni��ba-c-k--W-ainu rees-and �replwc g them-witli- -5- -buthern Indigenous trees. Project Address: 2845 Shadow Canyon Rd. (APN 8713-018-036) Property Owner: Chengliang Tang & Xin Ji 6513 Di Carlo Place Rancho Cucamonga, CA 91739 Applicant: Alex Wu 470 Wald Irvine, CA 92618 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that t assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 AUGUST 10, 2010 EU PAGE 3 PLANNING COMMISSION AGENDA Section 15303(a) (new construction of one single-family residence) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2009-05, Variance No. 2009-02, and Tree Permit No. 2009-02 based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.3 Comprehensive Sign Program No. 2008-01 — Under the authority of Diamond Bar Municipal Code Section 22.36.060, the applicant is requesting approval for a Comprehensive Sign Program for an approximately 16,000 square -foot existing commercial building on a 140,263 square -foot (3.2 acres), Community Commercial (C-2) zoned parcel with a consistent underlying General Plan land Use designation of General Commercial (C). Project Address: 23525-23555 Palomino Dr. Property Owner: The Abbey Company 2940 Inland Empire Blvd., #125 Ontario, CA 91764 Applicant: Nancy K. Parker Quiel Bros. Sign Company 272 S. "I" Street San Bernardino, CA 92410 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 under Section 15301(g) (new copy on existing on and off -premise signs) and Section 15319a) (on -premise signs) and Section 1531(a) (on -premise signs) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Comprehensive Sign Program No. 2008-01 based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects: AUGUST 10, 2010 10. SCHEDULE OF FUTURE EVENTS: *CONCERTS IN THE PARK: *MOVIES UNDER THE STARS TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY COUNCIL MEETING: Wednesdays - July 7, 2010, through August 18, 2010, 6:30 p.m. - 8:00 p.m. Sycamore Canyon Park 22930 Golden Springs Drive: August 11, 2010 - "Sound Bytes" (Pop 60s -90s) August 18, 2010 - "Neil Diamond Tribute" Immediately following Concerts in the Park: August 11, 2010 - "Where The Wild Things Are" August 18, 2010 - "The Princess And The Frog" Thursday, August 12, 2010 - 7:00 p.m. Government Center/ SCAQMD Hearing Board Room, 21865 Copley Drive Tuesday, August 17, 2010 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive PLANNING COMMISSION Tuesday, August 24, 2010 - 7:00 p.m. MEETING: Government Center/SCAQMD Auditorium —2--1-8-6-5=C-oPIe-v-D-ri-ve,— PARKS AND RECREATION COMMISSION MEETING: _7AT , fiMLfjqj Thursday, August 26, 2010 - 7:00 p.m. Government Center/ SCAQMD Hearing Board Room, 21865 Copley Drive Monday, September 6, 2010, City offices will be closed in observance of the holiday. City offices will reopen Tuesday, September 7, 2010 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 27, 2010 CALL TO ORDER: Chairman Torng called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Shah led the Pledge of Allegiance. 1 ROLL CALL: Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah, Vice Chairman Kathy Nolan, and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician, and Stella Marquez, Senior Administrative Assistant. 2. . MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of June 22, 2010. C/Shah moved, VC/Nolan seconded, to approve the Minutes of the Regular Meeting of June 22, 2010 as corrected. 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, Shah, VC/Nolan, Chair/Torng None Nelson None 7.1 Development Review No. PL 2009-71. — Under the authority of Diamond JULY 27, 2010 PAGE 2 PLANNING COMMISSION Bar Municipal Code Section 22.48,- the applicant requested approval to construct a 17,856 square foot new single family residence on a 36,428 net square foot 0.84 gross acre), Low Medium Density Residential RLM) zoned parcel with an underlying General Plan Land Use designation of Low Density Residential (RL). 3131 Steeplechase Lane (APN: 8713-017-111) Diamond Bar, CA 91765 PROPERTY OWNER: Kimberly Ming Xu 18981 Bramhall Ln. Rowland Heights, CA 91748 APPLICANT: An -Chi Lee, A.C. Lee & Architects 3740 Campus Drive, Suite B Newport Beach, CA 92660 PT/Tobon presented staffs report and recommended Planning Commission approval of PL 2009-71, based on the Findings of Fact, subject to the conditions of approval as listed within the resolution. C/Shah asked why staff recommended chain link fencing around the native oak. CDD/Gubman explained that the condition applied only during construction phase to protect the tree and after construction the chain link would be removed. There were no ex parte disclosures. Chair/Torng opened the Public Hearing. An -Chi Lee, applicant, stated that the previous owner had designed a similar project that was approved in 2006. The overall massing of this project is somewhat smaller from the project that was approved in 2006. This project proposes a much larger (2700 square foot larger) basement for a project of about the same square footage. The basement is hidden from street view and can be seen from the rear of the property. The owner hired a soils engineer who completed a very thorough soils and geological report to make certain the project would be feasible from an engineering and grading standpoint. Eight borings were taken to ensure that this project was feasible in terms of the grading and retaining walls. There is avery nice Oak tree on JULY 27, 2010 PAGE 3 PLANNING COMMISSION the property so to complement the tree, they would be planting an additional four (4) 48" box California Live Oak trees plus two (2) 60" box California Live Oak trees which will overhang the backyard garden area. This home currently has a four garage which will be broken into two (2) two -car garages with a 14 foot wide driveway approach at a 90 degree angle with trees to screen the garage doors. At the front there will be a fountain and some garden materials to create a pleasant look which leaves very little visibility of the house- from the street. In addition, the trash bin will be enclosed by a six foot high stucco wall at the side of the property and there will be a separate room in the same area for the electrical meter. The mechanical parts for the air conditioning unit will be located in the mechanical room in the basement area with the three units enclosed in a six foot high stucco wall and trees to hide them from view and shield the noise from the neighbor's house. The basic garden design was taken from the inspiration of Italian design. There is also a 214 square foot pool house that includes a bathroom, a wet bar and some open and closed seating area. The project also proposes nine (9) trees in the rear area to shield the stuccoed wall, four of which will be California Black Walnut and five will be Italian Cypress. VC/Nolan asked the applicant to confirm that there would be no commercial use of the proposed "ballroom." Mr. Lee concurred and said that it was just a nice name for the space. C/Lee asked if the civil engineer had balanced the site. The applicant responded that the soils engineer recommended a full basement which would remove more existing dirt from the pad and it is better for the foundation to integrate the lava and the house. So they plan to use all of the removed dirt to fill the back garden area. In addition, there will be 800 cubic yards of export. C/Lee asked the applicant to explain how the storm drains would be handled. The applicant responded that there is an existing concrete ditch at the back side of the property which was constructed at the time the property was subdivided by the developer. He pointed out its location on the map. C/Nelson commended Mr. Lee on a stunningly beautiful design and for the protection of existing oak and incorporation of native trees into the landscaping. He asked what one would do with a 2700 square foot basement. Mr. Lee responded that the basement will contain a ballroom for dancing, home theater, recreation room for ping pong and billiard as well as an exercise room. JULY 27, 2010 PAGE 4 PLANNING COMMISSION Mr. Lee responded to Chair/Torng that he read staff's report and concurred with the conditions of approval. He asked for direction about additional trees at the back of the property because there are already nine trees, existing shrubs and trees on the adjoining property. CDD/Gubman stated that when staff reviewed the project and site. conditions staff made a judgment call that the privacy and visual impacts of a new development on this site would conservatively call for additional trees to mitigate those issues. Clearly, Mr. Lee has carefully designed this project and staff is extremely pleased with the caliber of the design and it is very good to see this quality of a project in "The Country Estates." The Commission needs to consider that the applicant has carefully studied the site and developed a landscape plan with consideration for the setting, architecture, context and respect for the surroundings. Based on the explanation that the applicant provided this evening, staff would not object to any proposal to leave the landscape plan as proposed. Staff now has a better understanding for the basis of the design. Should the Commission elect to delete the proposed condition as recommended by staff, staff would concur. SP/Lee clarified that the plans before the Commission for consideration this evening are slightly different from the site plan that was shown on the PowerPoint presentation. There are three trees to the e southwest of the site that are not shown on the landscape plan which is why staff recommended planting additional trees to the rear of the site. In fact, staff concurs with the plans shown on the power point presentation before the Commissioners for their consideration, not the site plan included in the. Commissioner' packet. ha�h ----- ad -h- rf&6rr&d=witwould-recommendd=:---=tha=§taff!s-- condition remain as proposed. C/Nelson said there are landscape architects and nursery personnel that specialize in native trees and know how best to put them in the ground and if the applicant wants the plantings to be successful, he should hire a consultant in native trees to assist the landscape crew to ensure the viability of what is being put in the ground and what those plantings are intended to accomplish. Chair/Torng closed the Public Hearing. C/Shah moved, C/Lee seconded to approve Development Review No. PL 2009-71, based on the Findings -of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll JULY 27, 2010 PAGE 5 PLANNING COMMISSION Call vote: AYES COMMISSIONERS COMMISSIONERS: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng None None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah asked for an update on the City Council's discussion of Site D. 9. STAFF COMMENTS/IN FORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman stated that there are three (3) items slated for the August 10, 2010 Planning Commission meeting —two custom homes proposed in "The Country Estate" and a Comprehensive Sign Program for the shopping center on Palomino to refresh the existing signage. CDD/Gubman reported that at its July 20 meeting, the City Council resumed the public hearing, received testimony and continued the matter to October 19, 2010 at the request of WVUSD to continue the matter for 60 days to allow the school district time to hold more neighborhood meetings and outreach to further consider the proposal on the table. There has been very organized opposition to the Site D Specific Plan and a lot of misinformation has been put out to the public about what Site D is and what can be done with the property. The housing has been characterized as "low income apartments" rather than the actual intent of providing ownership units at market rate. There have been other misleading characterizations of this project as well and part of the outreach is to ensure, to every extent possible, that the truth about the project is communicated directly to interested persons. In addition, with the introduction of the park component to the Specific Plan, the school district wanted further public input with respect to the proposed location, types of features, access, etc. and answer questions and concerns about parking issues. Presently, the park size on the revised plans presented to the Council consists of about two acres of flat usable land for usable park area plus an additional one to one and a half acres of slopes. If the park remains as part of this overall project it would most likely be a little larger than what was proposed by the Commission due to staff's study of the site and consultation with the Community Services Director. There has been JULY 27, 2010 PAGE 6 PLANNING COMMISSION an ongoing concern about the (economic feasibility and need of the commercial component of the project.) The neighborhood meeting process is going to be used to get a better understanding about the opposition to the commercial component of the land use plan which, depending on whether those concerns can be addressed, may result in further changes to the land use plan. The focus is to get the true facts to the public in an attempt to dispel misinformation and mischaracterization of the project. If there is a substantial change to the project that was not considered by the Planning Commission, it would, by necessity, be remanded to the Commission. In addition, due to the length of time this matter has been under consideration, the budget will have to be increased to cover the additional study and the MOU renegotiation will involve revising the budget and eliminating the expiration of November 2010 that relieves the school district of the responsibility to reimburse the City for the front money to prepare the Site Plan and EIR. In addition, the City will be seeking some installment payments for reimbursement for the Specific Plan rather than waiting for a lump sum when the property finally closes escrow. If the property sells during the time of repaying. the City will receive the remaining lump sum. CDD/Gubman responded to C/Shah that the budget that was agreed upon for cost of this proposal was about $340,000 and staff has nearly exhausted that amount to date. Staff is looking at potential additional costs. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. JULY 27, 2010 PAGE 7 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:38 p.m. The foregoing minutes are hereby approved this day of Attest: Respectfully Submitted, Greg Gubman Community Development Director Tony Torng, Chairman 2010. FA OR! CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.1 MEETING DATE: August 10, 2010 CASE/FILE NUMBER: Development Review and Minor Variance No. PL 2009-096 PROJECT LOCATION: 2488 Alamo Heights (APN 8713-028-003) APPLICATION REQUEST: To construct a new 15,061 square -foot single- family residence and 900 square -foot second unit on a 57,935 square -foot (1.33 acres) lot, and Minor Variance for an eight -foot high retaining wall. The site is zoned Rural Residential (RR) with a. consistent underlying General Plan land use designation of Rural Residential (RR). PROPERTY OWNERS: Seyed Madad and Meher Tabatabai 2452 Alamo Heights Drive Diamond Bar, CA 91765 APPLICANT: Bill Hanson Distinguished Homes 160 S. Old Springs Road, Suite 170 Anaheim Hills, CA 92808 STAFF RECOMMENDATION: Approve subject to conditions Site Description: The site is located in the Diamond Bar Country Estates (The Country) and fronts Alamo Heights Drive, which is a fully improved private street. The property is a vacant lot totaling 57,935 gross square feet (1.33 acres). The site is legally described as Lot 118 of Tract 30578, and the Assessor's Parcel Number (APN) is 8713-028-003. Project Description: The proposed new single-family residence consists of: 3,739 square -foot lower level (basement) including one bedroom, two and half bathrooms, home theater, game room, guest room, gym, storage, and six -car garage; 6,282 square -foot main floor (first) including two bedrooms, office, four bathrooms, a living room, family room, dining room, and kitchen; 5,040 square -foot second floor including a master bedroom and bathroom, two bedrooms and two bathrooms; and ® 900 square -foot second unit. The height of the building is 35 feet; measured from the finished grade to the highest point of the roofline. The applicant has obtained approval from The Diamond Bar Country Estates Association. --Site-and-Sutrounding-Gener.al---Plan Zo-n.i.n.g=a.nd-Land-Us-es-- ANALYSIS: Review Authority (Diamond Bar Municipal Code (DBMC) Section 22.48 and 22.52) Construction of a new single-family residence requires Planning Commission approval of a Development Review application (DBMC Section 22.48). Retaining walls up to seven feet in height require Community Development Director approval; because a retaining wall is proposed that varies in height up to eight feet, a Minor Variance is requested. Approval of a Development Review and Minor Variance is required to ensure compliance with the City's General Plan policies, development standards and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. Development Review The following table compares the proposed project with the City's development standards for residential development in the RR zone: DR and WAR No. PL 2009-96 Page 3 0f 8 ENRON eve �f Opt I r4llm 20' 95' Yes IN on. one side & 101-011 15'-0" on the other side. 10' -north side 15'- south side Yes M,,. Be , p 25' 27'-5" - north side 25'- south side Yes c, Offiww rgs- rg�M 4 25' 148' Yes W 66-66 Or IV ms IRON W-11 Maximum of 30% 20% Yes 01. 35'-0" 35' Yes 50% of front yard 55.8% of front yard Yes P A k, rMy, tr" MIR • 2 -car garage 6 -car garage Yes I NO I W 6' 7' subject to director Up to 8' No* rIl V'i NR- approval I * A minor variance is required. Site and Grading Configuration: The site slopes upward, from the front of the lot to the rear. The average slope of the site is approximately 15%. The applicant indicates that the proposed project will require 5,439 cubic yards of cut to create a buildable pad towards the center of the lot and 822 cubic yards of fill, resulting in 4,617 cubic yards of material to be exported from the site. This amount of export will result in 185 to 330 truck trips, depending on the trailer capacity. Elevations: The architectural style is an Italianate eclectic designWifh_Kij5p`&d_ro_of forms, concrete roof tile, inset windows, decorative corbels, precast stone surrounds over the archways, stucco walls, wrought iron railing, and precast stone columns. The applicant provided color samples which call for earth tone colors for the exterior finish to soften the building's visual impact on the hillside. Landscaping: The front yard will be 58 percent landscaped with trees, shrubs and ground cover. All plant types will be drought tolerant and non-invasive species. The project is required to comply with the new water -efficient landscape requirements, which is noted on the preliminary landscape plans and will be verified during building plan check. There are no protected trees on the site. The subject property is located within the Los Angeles County Fire Department "Very High Fire Hazard Severity Zone." Therefore, the proposed landscaping must comply DR and WAR No. PL 2009-96 Page 4 of 8 with the Fire Department's Fuel Modification Plan requirements. The proposed landscaping plans will be submitted for review and approval by the Fire Department during building plan check. Minor Variance Variances from the City's development standards may be allowed when there are special circumstances applicable to the property (e.g., location, shape, size, surrounding, topography, or other conditions). 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, or creates a hardship which makes it impractical to require compliance with the development standards. The City recognized that property owners should be allowed to develop their properties when there are special circumstances or physical hardships on the property. Therefore, the City has a Minor Variance process for such requests, subject to the findings set forth in the Development Code. A Minor Variance is requested for retaining, wall heights to be increased from six feet high of up to eight feet high on the north side of the property towards the rear of the buildable pad, as highlighted in the illustration below: DR and WAR No. PL 2009-96 Page 5 of 8 Staff believes that approving the Minor Variance as described above is appropriate and compatible with other residences in the neighborhood, based on the following facts and observations: The parcel is relatively narrow, and has irregular topography with a 44 feet elevation difference within the property. The average slope of the site is approximately 15%. Due to the narrowness and grading required to construct a building pad, there is not an adequate horizontal run to the side property line to pick up the grade differential with a manufactured slope or terraced retaining walls. The height of the retaining wall will be on the north side of the property towards the rear yard, which will be screened by the pool equipment room and patio cover. This wall is not visible from the street and will be lower than the slope of the adjacent property to the north. I FR H VARIE5 FRO9 P FROM 6' TO 8* It /_TF1_5_M_6' To B' 10 FROM 10, FROM S' TO 11' F 3 CM 6' To 8 F9 7F=987--- ly �Le S�Om _T S TO 8, CABANA OUTDOOR PATIO FF -976-3 FF5-97j-5 SECTION E—E SECTION F—F SECTION G—Q SCALE I'-10 SCAM* I' SCAM* I'-10' Compliance with Hillside Management Ordinance (Q1BMQ Section 22.22) The proposed project was reviewed for compliance with the City's Hillside Management Design Guidelines and regulations. Diamond Bar Municipal Code Section 22.22.120(a)(1) establishes a height limit of 35 feet as measured from the finished grade to the highest point of the roofline. The project demonstrates that the _h -point� ----=proposed buflding�will b�e�354eet=at=its ighest= The proposed residence is terraced on two pad levels. From street view, the main building has the appearance of a three-story structure, which contains the basement level. A one-story garage is attached to the front of the main structure and is set back 95 feet from the street (front) property, and the main structure is further set back 47 feet from the garage. Furthermore, the building pad is below the finished grade of the property located on the north. Therefore, the building does not have the normal streetscape exposure, and thus will have a minimal visual impact from the street. DR and WAR No. PL 2009-96 Page 6 of 8 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 project will not negatively affect the existing surrounding land uses, and the design and appearance of the proposed addition is compatible with the surrounding community. The project is designed to incorporate the principles of the City's Residential Design Guidelines as follows: The -project is designed to minimize the negative impacts on surrounding homes. A transition between the project and adjacent uses is achieved through appropriate setbacks and landscaping; The project is designed to be appropriate in mass and scale to the site and incorporates detailed design elements; and The project provides open space and landscaping to serve as a buffer between neighboring properties and blend into the terrain, so as not to dominate the landform as seen from lower elevations. House to Left (North) Site House to Kight (boutn) Additional Review The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. On July 30, 2010, 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 three designated community posting sites. DR and MVAR No. PL 2009-96 Page 7 of 8 ztelki I 'N I 40i I LAI This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15303(a) (new construction of one single-family residence) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution (Attachment 1) approving Development Review and Minor Variance No. PL 2009-96, to allow the construction of a new single-family residence, based on the findings of DBMC Section 22.48 and 22.52, subject to conditions of approval as listed within the draft resolution. Prepared by: rJM1 jA tr Far i II T1 Attachments: Reviewed by: Grace S. Lee. Senior Planner 1. Draft Resolution Approving DR and MVAR PL 2009-96; 2. Site Plan, Floor Plans, Elevations, Preliminary Grading Plans, and Conceptual DR and WAR No. PL 2009-96 Page 8 of 8 Attachment 'I PLANNING COMMISSION RESOLUTION NO. 2010 -XX Attachment 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR VARIANCE NO. PL 2009-96, A REQUEST TO CONSTRUCT A NEW 15,061 SQUARE -FOOT SINGLE-FAMILY RESIDENCE WITH A 900 SQUARE FOOT SECOND UNIT, AND MINOR VARIANCE FOR AN EIGHT FOOT HIGH RETAINING WALL ON A 57,935 SQUARE -FOOT LOT LOCATED AT 2488 ALAMO HEIGHTS DRIVE (ASSESSORS PARCEL NO. 8713-028-003) A. RECITALS Property owners, Seyed Madad and Meher Tabatabai, and applicant, Bill hanson, Distinguished Homes, have filed an application for Development Review and Minor Variance No. PL 2009-96 to construct a 15,061 square - foot new single family residence with a 900 square -foot second unit, and Minor Variance for an eight -foot high retaining wall located at 2488 Alamo Heights Drive, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Development Review and Minor Variance shall be referred to as the "Proposed Project." 2. The subject property is comprised of one parcel totaling 57,935 square feet (1.33 acres). It is located in the Rural Residential (RR) zone with an underlying General Plan Land Use designation of Rural Residential (RR). 3. The legal description of the subject property is Tract Map Number 30578 Lot 118. The Assessor's Parcel Number is 8713-028-003. 4. On July 30, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the 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. 5. On August 10, 2010, 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. .............: NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby 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 (a) (New Construction of One Single -Family Residence) of the CEQA Guidelines. Therefore, no further environmental review is required. 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 and 22.52, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48) 1. The design and layout of the proposed development are consistent with the general plan, 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 proposed new single-family home is consistent with the applicable elements of the City's General Plan, City Design Guidelines and development standards by meeting all of the required setbacks. The architectural style is a Mediterranean design and also provides earth -tone shades for the exterior finish to soften the building's visual impact and assist in preserving the hillside's aesthetic value. The project site is not a planned developments. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; The proposed new single-family home will not interfere with the use or enjoyment of neighboring existing or future developments because the use of the project site is designated for a single-family home and the surrounding uses are also single-family homes. The proposed new single-family home will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single-family home by meeting the required driveway widths and grades. 2 Planning Commission Resolution No. 2010 -XX 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan; The new single-family home is designed to be compatible with the character of the eclectic neighborhood, providing a Mediterranean design with earth -tone shades for the exterior finish to soften the building's visual impact and assist in preserving the hillside's aesthetic value. 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, and will remain aesthetically appealing; The design of the new single-family home is Mediterranean style. Variation in the building elements has been achieved through the utilization of varying architectural features, building materials, and landscaping. 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments, and Los Angeles County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303(a) (New Construction of One Single -Family Residence) of the CEQA Guidelines. Minor Variance Findings (DBMC Section 22.52) 1. 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 3 Planning Commission Resolution No. 2010 -XX 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 property has a 15 percent slope, irregular topography with a 44 -foot elevation difference within the property, and minimal flat area. Due to the narrowness and grading required to construct a building pad, there is not an adequate horizontal run to the side property line to pick up the grade differential with a manufactured slope or terraced retaining walls. 2. Granting the minor - 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 minor variance is sought; Given the subject site is relatively narrow, has a 15 percent slope, and has irregular topography, the property owner would be unable to construct a house that Is comparable in size and design as those located in the immediate neighborhood and zoning district. The minor variance will allow the retaining wall heights to be increased from six feet of up to eight feet, which will allow the property owners to construct a residence similar to those located in the neighborhood. 3. Granting the minor variance is consistent with the general plan and any applicable specific plan; The minor 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. health, safety, convenience, or welfare of the city; a Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division, Public Works Department, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 4 Planning Commission Resolution No. 2010 -XX Section 15303(a) (New Construction of One Single -Family Residence) of the CEQA Guidelines. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the proposed project subject to the following conditions and the attached standard conditions: 1 The sale or subdivision of a second residential unit separate from the primary residence shall be prohibited. 2. Utilities serving the second unit (e.g., electricity, gas, sewer, and water) shall be common to and dependant on the primary residence. The second unit shall not be provided with separate metered utilities. Furthermore and prior to the issuance of any city permits, the property owner. shall submit written certification from the affected water and sewer district that adequate water and sewer facilities are or will be available to serve the proposed second unit. For units using septic facilities allowed by the California Regional Water Quality Control Board and the city, written certification of acceptability shall be submitted. 3. The applicant shall record a "Covenant and Agreement to Maintain a Single Family Residence with a Second Unit" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building 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: Seyed Madad and Meher Tabatabai, 2452 Alamo Heights Drive, Diamond Bar, CA 91765; and Bill Hanson, Distinguished Homes, 160 S. Old Springs Road, Suite 170, Anaheim Hills, CA 92808. APPROVED AND ADOPTED THIS 1 OT"' DAY OF AUGUST 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. go Tony Torng, Chairman 1, 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 5 Planning Commission Resolution No. 2010 -XX 10th day of August 2010, by the following vote: AYES: Commissioners: None NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: Greg Gubman, Secretary 2 6 Planning Commission Resolution No. 2010 -XX USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Variance No. PL 2009-96 PROPERTY OWNER(S): LOCATION: To construct a 15,061 square -foot new single family residence with a Ann snuare-foot second unit. and Minor Variance for an ei 7. Seyed Madad and Meher Ta6atabai, 2452 Alamo Heights Drive, Diamond Bar, CA 91765 Bill Hanson, Distinguished Homes, 160 S. Old Springs Road, Suite 170, Anaheim Hills, CA 92808 2488 Alamo Heights Drive, Diarnond Bar, CA 91765 APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • In accordance with Government CodeSection 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 and Minor Variance No. PL 2009-96 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. a Planning Commission Resolution No. 2010-)(X (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 and Minor Variance No. PL 2009-96 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2010 -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. =ih=fdli 7. The �efn-d �6p-6rajt07dcompliance 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, land scape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 8 Planning Commission Resolution No. 2010 -XX 0 C. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, 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. TIME LIMITS 1. The approval of Development Review shall expire within two (2) 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, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping plans, the conditions contained herein, and Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof -mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly 01 Planning Commission Resolution No. 2010 -XX appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who' has been authorized by the City to provide collection, transportation, and .disposal of 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839- 7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. An Erosion Contr6l 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 soil a Storm Water Pollution Prevention PID-Y-Will-beJ16-07 Pla—n(SWP needed. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan SUSMP) requirements to the satisfaction of the City Engineer. 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 10 Planning Commission Resolution No. 2010 -XX 1. Prior to grading plan submittal, a' geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall. submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. . 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. 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 11 Planning Commission Resolution No. 2010 -XX 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 and civil engineers shall be submitted prior to issuance. of building permits for the foundation of the residential structure. Additionally, an as -graded geotechnical report documenting any changes in conditions and/or recommendations during construction shall be submitted for review and approved prior to release of any building permits for 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. 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. No increase in flow (either volume or speed) shall be directed to any adjacent parcels even if it is the natural drainage course. If there is an increase in flow to the adjacent parcel, adjacent property owner and submitted to the City for our records. 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. D. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 12 Planning Commission Resolution No. 2010-)0( 1. Applicant shall obtain connection permit(s) (i.e., saddle permits) to the mainline sewer from the City. 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division. Sewer plans shall be submitted for review and approval by the City. The new sewer mainline to be constructed shall have the capability to serve either vacant property to either side of this lot. Any cost share for the construction of the mainline shall be conducted solely between all private property owners. A certificate of Occupancy will not be issued until the sewer mainline has been constructed and finalized by both the City Public Works Department and the Los Angeles County Sewer Maintenance Division. 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. 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. 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 13 Planning Commission Resolution No. 2010 -XX Architect/Engineer with wet stamp and signature. 7. This project shall comply with the 2008 Energy Code requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 8. 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 AQMb at (909) 367-2327. 9.- Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 10. "Separate permits are required for pools, spas, pool houses, gazebos, patios, retaining walls and guest houses" and shall be noted on plans. 11. A height survey may be required at completion of framing. 12. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) � --s -bft----r P -h -ating/=ex-teriorVdIs=c hstructib-na0enin -ot id 13. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 14. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 15. Indicate all easements on the site plan. 16. 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 14 Planning Commission Resolution No. 2010 -XX 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. 17. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 18. 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. 19. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 20. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 21. Specify location of tempered glass as required by code. 22. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 23. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 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, 15 Planning Commission Resolution No. 2010 -XX 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. 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URI A 2 1 N IN I CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL, (909) 839-7030 -FAX (909) 861-3117 An - MEETING DATE: August 10, 2010 CASE/FILE NUMBER: Development Review No. 2009-05, Variance No. 2009-02, and Tree Permit No. 2009-02 PROJECT LOCATION: 2845 Shadow Canyon Road (APN 8713-018-036) APPLICATION REQUEST: To construct a new 11,073 gross square -foot single-family residence on a 48,787 gross square -foot (1.12 gross acres), Rural Residential (RR) zoned parcel with an underlying General Plan Land Use designation of Rural Residential (RR). A variance is requested to allow wall heights to be increased from 6 feet to varying heights of up to 12.8 feet. A Tree Permit is requested to remove 6 Black Walnut trees and replace them with 18 Black Walnut or Coast Live Oak trees. PROPERTY OWNERS: Chengliang Tang & Xin Ji 6513 Di Carlo Place Rancho Cucamonga, CA 91739 APPLICANT: Alex Wu AWDA 470 Wald Irvine, CA 92618 STAFF RECOMMENDATION: Approve subject to conditions Site Description The site is located in the Diamond Bar Country Estates (The Country) and fronts Shadow Canyon Road, which is a fully improved private street. The property is a vacant lot totaling 48,787 gross square feet (1.12 gross acres). The gross acreage includes a portion of the Shadow Canyon roadway easement, which leaves 44,000 net square feet (1.02 net acres) of lot area. The site is legally described as Lot 64 of Tract 30289, and the Assessor's Parcel Number (APN) is 8713-018-036. Project Description The proposed new single-family residence consists of: 1,647 square -foot lower ground level including an entertainment room, billiard room, exercise room and equipment room; 3,714 square -foot upper ground level (first floor) including a four -car garage, library, living room, family room, game room, maid's room, laundry room, kitchen, and dining room; and 3,755 square -foot second floor including a master bedroom and three bedrooms. The height of the building is 35 feet measured from the finished grade to the highest point of the roofline. A variance is requested for the following: To allow one of the retaining walls supporting the building pad to be 6.3 feet in exposed height due to the change of elevation between the upper and lower _--building- ad-(he=De-v-eloo-m-ent--Code--i3ermits--a-m-aximum-=heigbtL_of.4�feet)-,--�------,-------------------------- To allow the exposed height of the inward -facing retaining wall that encloses the patio and pool to be up to 12.8 feet (6 feet is the maximum height allowed per Code); and To allow the exposed height of the retaining wall at the stair landing leading from the patio to the tennis court to be up to 11 feet (the Development Code allows up to 6 feet). The applicant is required to submit the proposal to the Diamond Bar Country Estates Association for review and approval. Development Review No. 2009-05 Variance No. 2009-02 Tree Permit No. 2009-02 Page 2 of 10 Site and Surrounding General Plan, Zoning and Land Uses North Rural Re RR Single -Family Residential South Rural Residential RR Single -Family Residential East Rural Residential West Rural Residential RR RRSingle-Family Single -Family Residential Residential L ANALYSIS: Review Authority (Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.5 Construction of a new single-family residence requires Planning Commission approval of a Development Review (DR) application (DBMC Section 22.48). Increasing wall heights also requires Planning Commission approval of Variances (DBMC Section 22.54). Approval of a DR and a Variance is required to ensure compliance with the City's General Plan policies, development standards and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. Development Review No. 2009-05 Variance No. 2009-02 Tree Permit No. 2009-02 Page 3 of 10 Development Review The following table compares the proposed project with the City's development standards for residential development in the RR zone: *Variance is requested.. Site and Grading Configuration: The site slopes downward, from the front of the lot h-e-----rear��---Tzh-e�---aver-age-=s-lo-p-e-:zof=-t-h-e��site-=is�,72-9P/(5=—,----T=he=apolic-ant-ind:icates=that_thp--- : proposed project will require 1,870 cubic yards of cut and 4,000 cubic yards of fill to create a buildable pad towards the front of the lot, resulting in 2,130 cubic yards of material to be imported to the site. This amount of import will require between 86 and 150 truck trips, depending on trailer capacity. Elevations: The architectural style is a formal Italian design which includes: a Clay roof tile; ® Inset windows with foam trims; ® Stucco -over -foam crown molding; ® Precast and permacast columns and balusters; Development Review No. 2009-05 Variance No. 2009-02 Tree Permit No. 2009-02 Page 4 of 10 01 SON, - R 30' 33.72' Yes 04, 1 NNIVA e ME U11 10'-0" on one side & 15'-0" on the other side. 10' —north side 31'- south side Yes 26' 25' - north side 116'- south side Yes � '-'1" 19 1S 0111040 0 OEM. A1,105 . MI I 20' I 141' Yes WRZJ- g R Maximum um of 30% 25% Yes, I W ffix J qn, Lim Bull" I d 35' 35' es Lia Ji r, ,- 1,,, ml UQ 60% of front and 53.1 of front and Yes -, izhig g'm 04 71 = AP V 2 -car garage 4 -car garage Yes 6' No* C�RefiamingW Il�etg �, 4'when supporting the building pad Up to 12.8' *Variance is requested.. Site and Grading Configuration: The site slopes downward, from the front of the lot h-e-----rear��---Tzh-e�---aver-age-=s-lo-p-e-:zof=-t-h-e��site-=is�,72-9P/(5=—,----T=he=apolic-ant-ind:icates=that_thp--- : proposed project will require 1,870 cubic yards of cut and 4,000 cubic yards of fill to create a buildable pad towards the front of the lot, resulting in 2,130 cubic yards of material to be imported to the site. This amount of import will require between 86 and 150 truck trips, depending on trailer capacity. Elevations: The architectural style is a formal Italian design which includes: a Clay roof tile; ® Inset windows with foam trims; ® Stucco -over -foam crown molding; ® Precast and permacast columns and balusters; Development Review No. 2009-05 Variance No. 2009-02 Tree Permit No. 2009-02 Page 4 of 10 a Wrought iron railings; and ® Keystone and European castle cultured stone veneer. The applicant provided color samples which call for earth tone colors for the exterior finish to soften the building's visual impact on the hillside. Front Elevation Landscaping: The front yard will be 53.1% landscaped with trees and other plant material. Landscaping is used to soften the look of the paved surfaces, enhance the ' architecture, and create an overall site design that blends in with neighboring homes and the natural environment of the site. In the front yard, four 48 -inch box California Sycamores, spaced apart evenly, are proposed as street trees, and will also serve to balance out the massing of the building. An existing 42 -inch caliper Coast Live Oak is proposed to be retained and incorporated in the front yard landscaping. Ground cover in the frontyard nrri will predominately consist of shrubs such as Indian Hawthorne, Dwarf Coyote Brush, Japanese Boxwood, and Mexican Feather Grass. These shrubs grow up to 4 feet in height which serve as vertical elements to the overall design. Landscaping is also used to reduce the impact of manufactured slopes. Shrubs and ground covers such as Acacia redolens, Carmel Creeper, Carolina Laurel Cherry, and Dwarf Coyote Brush grow up to 4 feet in height which will help mitigate the visual impact of the exposed retaining walls and will also help stabilize slopes. Coast Live Oak, Black Development Review No. 2009-05 Variance No. 2009-02 Tree Permit No. 2009-02 Indian Hawthorne Page 5 of 10 Walnut, and California Sycamore trees are proposed in the areas between retaining walls to further mitigate the visual impacts of the walls. Blood Red Trumpet vines are proposed to be trained onto the trellis in the patio and pool area to break up the massing of the high retaining walls. All plant types proposed in this area and throughout the project site are drought tolerant, non-invasive plant species. The project is also required to comply with the water -efficient landscape requirements, which will be verified during building plan check. The subject property is located within the Los Blood Red Trumpet Vines 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 proposed landscaping plans will be submitted for review and approval by the Fire Department during building plan check. Tree Permit Tree permits are required when the removal or relocation of a protected tree is requested. A protected tree is any of the following: Native Oak, Walnut, Sycamore and Willow trees with a diameter at breast height (DBH) of eight inches or greater; Pepper Trees with a DBH of eight inches or In., greater where appropriate a Trees of significant historical or value as designated by the council; discretionary permit; Any tree required to be planted as a condition of approval for a discretionary permit; and A stand of trees, the nature of which makes each tree, dependent upon the others for survival. There are 14 Black Walnut trees and one Coast Live Oak tree located on the property. The applicant is requesting a tree permit to remove six of the Black Walnut trees with a DBH of eight inches or more and replace them with 18 Black Walnut or Coast Live Oak trees — 15 trees in 24 -inch box planters and 3 trees in 36 -inch box planters. The remaining Black Walnut and Coast Live Oak trees will I be protected with temporary chain link fencing located 10 feet from the drip lines of the trees to protect them from Development Review No. 2009-05 Variance No. 2009-02 Tree Permit No. 2009-02 Page 6 of 10 any construction activity, and these protective measures are included as a condition of approval. I Staff also recommends a condition of approval for a maintenance agreement to be provided to the City indicating the property owner's responsibility to insure that the replacement trees will be properly maintained for a period of not less than five (5) years. A security deposit as determined by the Director shall be posted with the City. Variance A variance is requested for wall heights to be increased from six feet high, varying in height up to 12.8 feet high in the following areas: One of the retaining wall measures 6.3 feet due to the change of elevation between the upper and lower building pad; The height of the wall that encloses the patio and pool area varies from 6 inches to 12.8 feet; and The retaining wall surrounding the stairs leading from the patio to the tennis court vary from 1 foot to 11 feet in height. A variance is requested because there are special circumstances applicable to the property (e.g., location, shape, size, surrounding, topography, or other conditions). 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, or creates a hardship which makes it impractical to require compliance with the development standards. The City recognized that property owners should be allowed to develop their properties when there are special circumstances or physical hardships on the property. Therefore, the City has a variance process for such requests, subject to the findings set forth in the Development Code. Staff believes that approving the variance as described above is appropriate and compatible with other residences in the neighborhood, based on the following facts and observations: The existing site has a 29% slope, irregular topography and no flat area, therefore retaining walls must be used to create usable pad areas; Wall heights cannot be further reduced unless steeper slopes are introduced. Pursuant to DBMC Section 22.22.080 (b) (1) finished slopes shall not be greater than 2:1; Development Review. No. 2009-05 Variance No. 2009-02 Tree Permit No. 2009-02 Page 7 of 10 There is limited availability of space on the property to extend slope runs. Available space has been maximized to reduce the wall heights and costs as much as possible; One of the retaining walls measures 6.3 feet due to the change of elevation between the upper and lower buildable pad; The height of the walls that enclose the patio and pool area vary from 6 inches to 12.8 feet. These walls are not visible from the street or adjacent parcels because the exposed sides of the walls face inward, creating a courtyard that surrounds the pool area. A wrap-around balcony and trellis patio cover are used to break the massing, to mitigate the visual impact of these walls, and creates a courtyard area. Blood Red Trumpet vines are proposed on the side trellis patio cover to additionally mitigate the visual impact of the walls; and The land contours on the site are not parallel with the line of the street, making it difficult to design with the natural topography of the site. Therefore, the walls leading from the outdoor patio to the tennis court varies in height from 1 -foot to 11 feet high. Compliance with Hillside Management Ordinance (DBMC Section 22.22) The proposed project was reviewed for compliance with the City's Hillside Management Design Guidelines and regulations: Diamond Bar Municipal Code Section 22.22.120(a)(1) establishes a height limit of 35 feet as measured from the finished grade to the highest point of the roofline. The project demonstrates that the proposed building will be 35 feet at its highest point. The project is terraced on three pad levels. From street view, the building has the appearance of a two-story structure but the rear of the building steps down to a lower 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 project will not negatively affect the existing surrounding land uses, and the design and appearance of the proposed addition is compatible with the surrounding community. The project is designed to incorporate the principles of the City's Residential Design Guidelines as follows: ® The project is designed to minimize the negative impacts on surrounding homes. A transition between the project and adjacent uses is achieved through appropriate setbacks and landscaping; Development Review No. 2009-05 Variance No. 2009-02 Tree Permit No. 2009-02 Page 8 of 10 The project is designed to be appropriate in mass and scale to the site and incorporates detailed design elements; The project provides open space and landscaping to serve as a buffer between neighboring properties and blend into the terrain, so as not to dominate the landform as seen from lowe'r elevations; and ® The project is terraced on three pad levels. From street view, the building looks like a two-story structure but the rear of the building steps down to the lower pad level, which contains the basement level. The lowest pad includes tennis court. Adjacent Property to the Left Additional Review Project Site Adjacent Property to the Right The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. On July 30, 2010, 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 three 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(a) (new construction of one single-family residence) of the CEQA Guidelines. No further environmental review is required. ff • „ ,r oma Staff recommends that the Planning Commission adopt the attached resolution Development Review No. 2009-05 Variance No. 2009-02 Page 9 of 10 Tree Permit No. 2009-02 (Attachment 1) approving Development Review No. 2009-05, Variance No. 2009-02, and Tree Permit No. 2009-02, to allow the construction of a new single-family residence, based on the findings of DBMC Sections 22.48, 22.54, and 22.38, subject to conditions of approval as listed within the draft resolution. Prepared by: Ilk,I ow AiA Wa—takie TIU'6n� Planning Technician Attachments: Reviewed by: Grad S. Lee Senior Planner 1 Draft Resolution Approving DR No. 2009-05, Variance 2009-02, and Tree Permit 2009-02 2. Site Plan, Floor Plans, Elevations, Preliminary Grading Plans, and Conceptual Landscape Plans Development Review No. 2009-05 Variance No. 2009-02 Tree Permit No. 2009-02 Page 10 of 10 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2010 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND DAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2009-05, A REQUEST TO CONSTRUCT A NEW 11,073 GROSS SQUARE -FOOT SINGLE-FAMILY RESIDENCE; VARIANCE NO. 2009-02, A REQUEST FOR RETAINING WALLS VARYING IN HEIGHT FROM 6 - FEET TO 12.8 -FEET; AND TREE PERMIT NO. 2009-02, A REQUEST TO REMOVE 6 PROTECTED BLACK WALNUT TREES AND PLANT 18 NEW TREES, ON A 48,787 GROSS SQUARE -FOOT LOT LOCATACKED DWALNUTT285 SHADOW CANYON ROAD (ASSESSORS PARCEL LOCATED AT 2 NO. 8713-018-036). A. RECITALS 1. Property owners, Chengliang Tang and Xin Ji, and applicant, Alex Wu, have filed an application for Development Review No. 2009-05, Variance No. 2009-02, and Tree Permit No. 2009-02 to. construct a 11,073 square - foot new single family residence located at 2845 Shadow Canyon Road, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Proposed Project." 2. The subject property is comprised of one parcel totaling 48,787 square feet (1.12 gross acres). It is located in the Rural Residential Density (RR) zone with an underlying General Plan Land Use designation of Rural Residential (RR). 3. The legal description of the subject property is Parcel Map 30289 Lot 64. The Assessor's Parcel Number is 8713-018-036. 4. On July 30, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the 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. 5. On August 10, 2010, 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. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby 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 (a) (New Construction of One Single -Family Residence) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 22.48, 22.54, and 22.38, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48) 1. The design and layout of the proposed development are consistent with the general plan, 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 proposed new single-family home is consistent with the applicable elements of the City's General Plan, City Design Guidelines and development standards by meeting all of the required setbacks. The architectural style is a formal Italian design and, also provides earth -tone, assist in preserving the hillside's aesthetic value. The project site is not a part of any 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 developments, and will not create traffic or pedestrian hazards; The proposed new single-family home will not interfere with the use or enjoyment of neighboring existing or future developments because the use of the project site is designated for a single-family home and the surrounding uses are also single-family homes. The proposed new single-family home will not interfere with vehicular or pedestrian movements, such as access or other functional requirements 2 Planning Commission Resolution No. 2010 -XX of a single-family home by meeting the required driveway widths and grades. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan; The new single-family home is designed to be compatible with the character of the eclectic neighborhood, providing a formal Italian design with earth -tone shades for the exterior finish to soften the building's visual impact and assist in preserving the hillside's aesthetic value. 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, and will remain aesthetically appealing; The design of the new single-family home is a formal Italian style of architecture. Variation in the building elements has been achieved through the utilization of varying architectural features, building materials, and landscaping. 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments, and Los Angeles County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303(a) (New Construction of One Single -Family Residence) of the CEQA Guidelines. Variance Findings (DBMC Section 22.54) 1. There are special circumstances applicable to the property (e.g., location, 3 Planning Commission Resolution No. 2010 -XX 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 has an average grade of 29 percent, irregular topography, and no flat area, so 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. Also, the land contours are not parallel with the street frontage making it difficult to design with the natural topography of the site. Therefore, the walls leading from the patio to the tennis court vary in height from I foot to 11 feet high. 2. 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; Given the steep topography, the property owner would be unable to construct a house that is comparable in size and design as those located in the immediate vicinity and zoning district without the introduction of some retaining walls that exceed the height limits set forth in the Development Code. The variance to allow the retaining wall heights to be increased from 6 feet to 12.8 feet will allow the property owners to construct a residence that is similar to those located in the vicinity and provide adequate access to the home. The height of the walls are being mitigated through the use of landscaping between the terraced walls. Trellis patio covers and blood red trumpet vines are being used to climb up the trellis patio cover to mitigate the 12.8 -foot high walls enclosing the .P -001.a n_d=patih-_area 3. Granting the variance is consistent with the general plan and any applicable specific plan; The variance are 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. 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and - The proposed 12.8 -foot walls will not visually impact the surrounding area because the walls are inward -facing and create an enclosed patio and pool area in the property. The visual impact of the height of walls is mitigated by a wrap-around balcony and trellis patio cover with vines. 4 Planning Commission Resolution No. 2010 -XX Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division, 'Public Works Department, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety o ' r welfare or materially injurious to the properties or improvements in the vicinity. 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303(a) (New Construction of One Single -Family Residence) of the CEQA Guidelines. Tree Permit Findinq (DBMC Section 22.38) Preservation of the trees are not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with DBIVIC Section 22.38.130 (Tree replacement/relocation standards; There are 14 black walnut trees and one native oak located on the property. The preservation of six of the black walnut trees is not feasible because it would compromise the design and construction of the project. The applicant is replacing them with 18 black walnut trees to be planted on-site at a 3:1 ratio with 15 black walnut trees in 24" box planters and 3 black walnut trees in 36" box planters. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the proposed project, subject to the following conditions and the attached standard conditions: Planning Division (a) During construction, the applicant shall install temporary chain link fencing located 10 feet from the drip lines of the remaining native oak and black walnut trees to protect them from construction activity. The fencing shall be shown on the grading plan and other applicable construction documents. (b) A maintenance agreement shall be provided to the City indicating the property owner's responsibility to insure that the replacement trees will be properly maintained for a period of not less than five 5 Planning Commission Resolution No. 2010 -XX (5) years. A security deposit as determined by the Director shall be posted with the City. 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: Chengliang Tang and Xin Ji, 6513 Di Carlo Place, Rancho Cucamonga, CA 91739; and Alex Wu, AWDA, 470 Wald, Irvine, CA 92618. APPROVED AND ADOPTED THIS 10TH DAY OF AUGUST 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. W Tony Torng, Chairman 1, 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 10th day of August 2010, by the following vote: AYES: Commissioners: NOES: Commissioners: ABS-TAIN---.C-omm issioners-�---- ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 6 Planning Commission Resolution No. 2010 -XX K PROJECT #: Development Review No. 2009-05, Variance No. 2009-02, and Tree Permit No. 2009-02 SUBJECT: To construct a 11,073 square -foot new single-family residence with a Variance to allow wall heights to be increased from 6 feet to varying heights of up to 12.8 feet high and a Tree Permit to remove 6 protected black walnut trees and to replace them with 18 black walnut trees on a 48,787 square -foot lot. PROPERTY Chengliang Tang & Xin Ji, 6513 Di Carlo Place, Rancho OWNER(S): Cucamonga, CA 91 319 APPLICANT: Alex Wu, AWDA, 470 Wald, Irvine, CA 92618 TOT, ma rel�� 5 APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. 2009-05, Variance No. 2009-02, and Tree Permit 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: 7 Planning Commission Resolution No. 2010 -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; and (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. 2009-05, Variance No. 2009-02, and Tree Permit No. 2009-02 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning'Commission Resolution No. 2010 -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, building elevations, and landscape plans 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, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. 8 Planning Commission Resolution No. 2010 -XX 70 A W 10. Property owner/applicant shall remove the public hearing notice board within three (3) 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. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, 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. 1. The approval of Development Review shall expire within two (2) 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. 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, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping plans, the conditions contained herein, and Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof -mounted equipment shall be screened from public view. N Planning Commission Resolution No. 2010 -XX 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839- 7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. asures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards n d i nc6 rpo ratbL-4h e-_--ap 0 rb p d atO_B est_M a n agem_e_nt_LP.ractices__(aM. �_!s),_ as- _�-- specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 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. 10 Planning Commission Resolution No. 2010 -XX Additionally, all construction equipment shall be properly muffled to reduce noise levels. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 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. 11 Planning Commission Resolution No. 2010 -XX 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 and civil engineer and an as - graded geotechnical report shall be submitted for review and approval 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. C. DRAINAGE 1 Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage ye- -.��i—c-o-urs-e,.�--N-oon!:�s.ite�Ld:rai-n.age—s-h. -a _c d=to-adjacen p rcels.,-un-less 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. E. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any I mature tree except as approved by a registered arborist. 2. The applicant shall obtain approval to construct portions of the proposed tennis court and retaining walls, within the County of Los Angeles Sewer 12 Planning Commission Resolution No. 2010 -XX Easement as stated in their letter dated October 5, 2009. Approval shall be granted by LACDPW prior to release of any grading or building permits. F. SEWERS/SEPTIC TANK 1. Applicant shall obtain -connection permit(s) from the City and County Sanitation District. 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 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. 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. 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. 7. This project shall comply with the 2008 Energy Code requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 8. In order to accurately monitor and report all construction and debris 13 Planning Commission Resolution No. 2010 -XX 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. 9. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 10. Separate permits are required for pools, spas, gazebos, patios, retaining walls and fountains" shall be noted on plans. 11. A height survey may be required at completion of framing. 12. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 13. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 14. Indicate all easements on the site plan. 15. 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. 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. 16. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 17. 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. 14 Planning Commission Resolution No. 2010 -XX 18. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 19. Check drainage patterns with Engineering Department., Surface water shall drain away from building at a 2% minimum slope. 20. Specify location of tempered glass as required by code. 21. Specify 1/47ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 22. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL • 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. MIX 15 Planning Commission Resolution No. 2010 -XX Li ;� VOT MT.' 0.1.449W.'MaT. MI z juawpeliv z juawpeliv TANG RESIDENCE 2845 SHADOW CANYON DR. 00 DIAMOND BAR, CALIFORNIA 91765 0 call 11011 I I 111111. TANG RESIDENCE 2845 SHADOW CANYON DR. 00 DIAMOND BAR, CALIFORNIA 91765 "Au IT go 1XI Lei OUB` 2 7 22 Hid TANG RESIDENCE Jill 2845 SHADOW CANYON DR. --,* 0MIC T DIAMOND BAR. CALIFORNIA 91765 y m r1r, r4fiT FOft U�MURIV'.T*14 i) i \!/|[ / mo ) \\�/ `( �{))) |~ !,/( � \§�)~ ��\ § �\ 25 :i;! \/ �) 0 | 5 :OE §7(§: r4fiT FOft U�MURIV'.T*14 ....... . . . . ........ ................. ... . .............__- D0 9 El z El III TI. wa.2 LT a ` F�l ol�� cz: m 111"PlIfle, . 11 Hli, TM, Iff 1-ilflill."I z ------------ NJ ................................. F,,O I F"r,!Ok I A D:4111'.l Wk, fliF3 $WN4 E&-� 7MIM him W... 1111 MEN mzwzamN9wRu= iU:1 i rile fz�'-CstiiJi:719ti d D p g v D v ff p v �' D6 e —J v O p p D F v v a -- C D D ^�v O O T -O D Z iU:1 i rile fz�'-CstiiJi:719ti Kul Fo 4 f;r, i B1 ra ((;T lrja' fl(-, 1;0U I I AlT.1 1"Al ►:►►►:►:►;�►:►:►►:►►:�o j: _ _ _ """"�"' '� __ 14 177� N"K IN, NUN "5 - Ln MEN? C5 RA"M R% 'T SIR' "Or N Isis 16FIRROMP, I MEN 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 NO. 7.3 MEETING DATE: August 10, 2010 CASE/FILE NUMBER: Comprehensive Sign Program No. 2008-01 PROJECT LOCATION: 23525-23555 Palomino Drive (Los Angeles County Assessor's Parcel Number 8281-024- 053). Approval of a Comprehensive Sign Program for an approximately 16,000 square -foot existing multi -tenant commercial building on a 140,263 square -foot (3.2 acres), Community Commercial (C-2) zoned parcel with a consistent underlying General Plan Land Use designation of General Commercial (C). The Abbey Company 2940 Inland Empire Blvd. #125 Ontario, CA 91764 APPLICANT: Nancy K. Parker Quiel Bros. Sign Company 272 S. "I" Street San Bernardino, CA 92410 STAFF RECOMMENDATION: Approve subject to conditions. Proiect Description The applicant proposes to provide new unified signage for an existing multi -tenant commercial building. It is developed with an approximately 16,000 square foot building consisting of restaurant, retail, and service uses on a 140,263 square foot (3.2 acres) lot, built under Los Angeles County standards in 1980. The existing 5,200 square -foot restaurant (East 180) building, which is adjacent to the multi -tenant building was renovated in 2008. The new signage will replace the existing, dated cabinet signs to refresh the appearance 'of the multi -tenant commercial building in light of the recent, significant renovation to the restaurant building called East 180, formerly Sizzler. Site and Surrounding General Plan, Zoning and Land Uses Site Aerial Page 2 of 6 CD: Staff Reports-PC/Palomino Dr. 23525, PC Staff Report 08/10/2010.docx ANALYSIS:. Review Authority (Diamond Bar Municipal Code Section 22.36.060) Installing new unified signage for a building whenever five or more signs are proposed for an existing development requires approval of a Comprehensive Sign Program from the Planning Commission. Approval of a Comprehensive Sign Program is required to ensure compliance with the City's general plan policies, development standards, and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. Comprehensive Sign Programs are used to integrate the signs with the design of the development. The program has specific requirements for signs proposed for the existing development. The building elevations show an orderly placement of signs. The proposed font and colors are appropriate, identifies tenant space, and is complementary to the style of the building. The comprehensive sign program calls for aluminum primed and 'painted finishes, individual five -inch deep channel letters, and internally illuminated acrylic letter and logo faces using neon lighting. All sign lighting power sources shall be located at the building interior. Up to two lines of copy are allowed, with a maximum of 24 -inches in sign height. Each tenant will have a maximum 1.25 square feet per wall sign, pursuant to DBMC Section 22.36.130. Signage colors are limited to red, blue and yellow with dark bronze trimcap and returns. , A new double faced illuminated monument sign is proposed, to be set back ten feet from the front property line. According to DBMC Section 22.36.130, a monument sign may be allowed up to a maximum height of 6 feet, with a total sign area of 72 square feet (36 square feet per side) not including the address number. The monument sign is six foot high, with a total sign area of 76 square feet (38 square feet per side), which includes the address number. The address number is not calculated against the permitted sign face area pursuant to DBMC Section 22.36.120(b.6). The cabinet is a 3 feet high, 9 feet - 4 inch long aluminum panel with routed out white plexiglass letters to display the names of each tenant. The side elevation shown 'in the graphic below is a view of the monument sign heading west from Palomino Drive. The aluminum cabinet that protrudes from the base of the sign faces the street. The monument sign incorporates colors and materials of the renovated East 180 restaurant building to the west. Two cabinet colors are proposed for the Commission's review as illustrated in the graphic on the next page. The brown earth tone color matches the color of the renovated restaurant building, and the grey blue color matches the existing multi -tenant commercial building. Staff recommends using the grey blue color to match the existing multi -tenant commercial building. The stone veneer will be wrapped around the cabinet to match the stone veneer on the renovated restaurant Page 3 of 6 CD: Staff Reports-PC/Palomino Dr. 23525, PC Staff Report 08/10/201 O.docx building. Staff added a condition of approval requiring the stone type and pattern to be applied to the monument sign to match the existing renovated restaurant building. IIIIIIMII I SIDE ELEVATION DAY VIEW SCALE. I/T = V- 0' . . . . . . . . . . . . 4 SIDE ELEVATION DAY VIEW SCAU. 1/2' = V- 0" The freeway -oriented pole sign is an existing legal non -conforming sign, approved prior to the incorporation of the City. The pole sign is to display the restaurant tenant only pursuant to DBMC Section 22.36.120(c). However the current East 180 restaurant chooses not to use this pole sign. East 180 Restaurant Building to the West Page 4 of 6 CD: Staff Reports-PC/Palomino Dr. 23525, PC Staff Report 08/10/2010.doex Project Site Compatibility with Neighborhood The proposed sign program complies with the goals and objectives as set forth in the adopted General Plan in terms of compatibility and integrated signage. The proposed sign program will not negatively affect the existing surrounding land uses, and the design and appearance of the proposed signage is compatible with the existing signage in surrounding commercial buildings. In addition, the Comprehensive Sign Program complies with the standards of Section 22.36.060 by integrating the signage with the design of the existing and renovated buildings and having specific requirements for signs proposed in the development. The proposed project is designed to be compatible and complementary to the neighborhood, and incorporates the principles of the City's Commercial Design Guidelines as follows: The sign colors contrast with the color of the building and is easily visible from a distance; The monument sign incorporates colors and materials of the existing and renovated buildings. The consistency of colors and materials will unite the look of the buildings, wall signs, and monument sign; The proposed wall signs are sized such that they are appropriately scaled for the wall surfaces on which they are to be placed, and are located in such a manner that they are properly centered and balanced with the architectural features of the building; and The signs are compatible with surrounding buildings in nearby commercial shopping centers. The signs are in harmony with and visually related to the signs in surrounding developments through the use of similar materials such as acrylic and vinyl facing, colored trim caps and returns, and internal lighting. Page 5 of 6 CD: Staff Reports-PC/Palomino Dr. 23525, PC Staff Report 08/10/201 O.docx Additional Review The Public Works Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. On July 26, 2010, public hearing notices were mailed to property owners within a 500 - foot radius of the project site, and on July 30, 2010, the notice was published in the Inland Valley Daily Tribune and San Gabriel ,Valley Tribune newspapers. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three 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 16301(g) (new copy on an existing on and off -premise signs) and Section 15811 (a) (on -premise signs) of the CEQA Guidelines. No further environmental review is required. Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Comprehensive Sign Program No. 2008-01, based on the findings of DBMC Section 22.36.060 of the Development Code, subject to conditions of approval as listed within the draft resolution. Prepared by: Grace S. Lee Senior Planner Attachments: Reviewed by: Greg Gubrrian, A1CP_ Community Development Director 1. Draft Resolution No. 2010 -XX 2. Comprehensive Sign Program, Site Plan, and Elevations Page 6 of 6 CD: Staff Reports-PC/Palomino Dr. 23525, PC Staff Report 08/10/201 O.docx Attachment 1 V W i9l•: li lk LOU VA 1, k A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING COMPREHENSIVE SIGN PROGRAM NO. 2008-01, A REQUEST TO PROVIDE NEW UNIFIED SIGNAGE FOR AN EXISTING MULTI -TENANT COMMERCIAL BUILDING, LOCATED AT 23525-23555 PALOMINO DRIVE (ASSESSOR'S PARCEL NO. 8281-024-053). A. RECITALS Property owner, The Abbey Company, and applicant, Quiel Bros. Sign Company, have filed an application for Comprehensive Sign Program No. 2008-01 to provide new unified signage for an existing multi -tenant commercial building located at 23525-23555 Palomino Drive, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Comprehensive Sign Program shall be referred to as the "Proposed Project." 2. The subject property is comprised of one parcel totaling 3.2 acres. It is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land use category of the General Plan. 3. On July 26, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the 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. 4. On August 10, 2010, 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. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby 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 15301 (g) (new copy on an existing on and off -premise signs) and Section 15311 (a) (on -premise signs) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.36.060, this Planning Commission hereby finds as follows: Comprehensive Sign Program Findings (QBMC Section 22.36.060) 1. The comprehensive sign program satisfies the purpose of this chapter and the intent of this section; The comprehensive sign program satisfies the purpose and intent of the Diamond Bar Municipal Code. Section 22.36.060 by integrating the signage with the design of the existing and renovated buildings and having specific requirements for signs proposed for the building. 2. The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the comprehensive sign program and to the structure and/or uses they identify, and to surrounding development; The proposed sign program enhances the overall development by complying with the City of Diamond Bar Design Guidelines. The color for the sign contrasts with the color of the building and is easily visible from a distance. The materials used for the monument sign incorporates colors and materials of the existing building and renovated restaurant building. The consistency of colors and materials will unite the look of the buildings with the wall signs and monument sign. The signs are sized to be appropriately scaled to the wall surface on which they are being placed, and will be located in such a manner that they will be properly centered and balanced with the architectural features of the building. In addition, the signs are in harmony with and visually related to the signs in surrounding developments through the use of similar materials such as acrylic and vinyl facing, colored trim caps and returns, and internal lighting. 3. The comprehensive sign program accommodates future revisions which may be required due to changes in uses or tenants; and The comprehensive sign program accommodates future revisions by having minor changes reviewed by staff and the Community Development Director, and any major changes to be reviewed by the Planning Commission. 2 Planning Commission Resolution No. 2010 -XX 4. The comprehensive sign program complies with the standards of Diamond Bar Municipal Code Chapter 22.36, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes of Chapter 22.36. The comprehensive sign program complies with the standards of Chapter 22.36 and will enhance the overall development through consistency with the City's Design Guidelines for commercial signage, uniformity and easy identification of the signs, and neighborhood compatibility. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the proposed project, subject to the following conditions and the attached standard conditions: (a) The stone type and pattern to be applied to the monument sign shall match the existing renovated restaurant building. 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 Abbey Company, 2940 Inland Empire Blvd. #125, Ontario, CA 91764; and Nancy K. Parker, Quiel Bros. Sign Company, 272 S. "I" Street, San Bernardino, CA 92410. APPROVED AND ADOPTED THIS 10TH DAY OF AUGUST 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. mm Tony Torng, Chairman 1, 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 10th day of August 2010, by the following vote: 3 Planning Commission Resolution No. 2010 -XX AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 4 Planning Commission Resolution No. 2010 -XX USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Comprehensive Slan.Program No. 2008-01 SUBJECT: To provide new uned signage for an existing multi - tenant commercial'building. PROPERTY The Abbey Company, 2940 Inland Empire Blvd. #125, OWNER(S): Ontario, CA 91764 APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 Comprehensive Sign Program No. 2008-01 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. 2010 -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 Comprehensive Sign Program No. 2008-01 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 designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2010 -XX, Standard Conditions shall be included on the plans (full size). The sheet(s) are for information only to all partied 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 __dp`proval__and all-l�dW—sor other applicable - —regul-dtions. 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, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 6 Planning Commission Resolution No. 2010 -XX 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 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review and Comprehensive Sign Program shall expire within two (2) 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. 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, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof -mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly 7 Planning Commission Resolution No. 2010 -XX appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 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 applicants 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the 2007 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 for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit ineer 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. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 8 Planning Commission Resolution No. 2010AX 6. Provide structural design for sign method of attachments. 7. Submit electrical plans showing all circuits. Planning Commission Resolution No. 2010 -XX T I aiIIii r m rO m r O y+M A Q� { c V. 0" Ln a n 0c Cp ,c Z z m Z C W m Z y to Gym~ aN�c 3>m s Z Z S p m ' C z C m / z N ic cc S S v m C a O m m a 3t 0„ a Z a -I m 1 '/i 10" to,,10" j 1'/r" 3 K f z m m 0T Z A a S v v � m Z m ^� mC, N a ^' �^ C V y 47 m v G) m m I v Z rA� m m m Z C Z O to Ar c2 S o v r Emm- � a Z a z v � N C \ * _ 14 V . 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O0 x fP u'i y C1 ® — m tl n m m m 0 0 20'- 0" Existing Signage Not to Scale 20'- 0" Scale 3/76" = 7' - 0" Existing Freeway Pole Sign: Grade 2'- 0" END VIEW One (1) 10'x 20' Double face internally illuminated sign cabinet on existing pole Cabinet: Electrolyte zinc coated sheet metal primed and painted two part polyurethane Painted AN FLNA4027 White in smooth enamel Sign Face: Blank White flex sign face background COLORS Sign Faces Cabinet r 7328 WIIITE AN FLNA acrylic 4027 Whlie Inland Empire (909)885-4476 C-1,111 1 Valley (760)347-0370 • High D.—t (760)955-7446 .. 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CD CL CD 0- CD CL (D C1 0 0 (D 03 0 0 0 0 0 0 0 CL :3 :3 =3 o 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 0 0 3 CD '0 '0 CD '0 'o @ "a @ 'U '0 @ 'o _0 < m m < m m <CD < CD CD CD (D CD FD* CD CD CD' CD CD '0 '0 -a -o _0 "a -a '0 "o- 0 0 0 0 0 0 0 0 0 =1 =3 0 0 0 0 0 :3 :3 9). R T. CL CL CL 0- CL 0- CL 0- CL CL CL CL 0- CL CD O 0 UY 5, 5, U F5* m z C: 0 Z .0 G) CD 0 X 0 CD C— m o 0 cn CD M C) C: C) O Ul (31 9: 0 0 CD > 3 5' 9� w 0 CD CL 0 0 0 3 (D 0 co CL CL 0 ILVI 0 0 C: z m m O m z m m z N M CITY OF DIAMOND BAR V-11 0 1 Iff-0 2 2 1 N. I IL91 0:00 110 MCI STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR 1, Marcy Hilario, declare as follows: On August 10, 2010, 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. 1, Marcy Hilario, declare as follows: I am employed by the City of Diamond Bar. On August 6, 2010, 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 August 6, 2010, at Diamond Bar, California. 0- NA"u4- X�ILLL'Q Maky Hilario Community Development Department gA\affidavitposting.doc Fib d'.bv . • /u ready fbt Hing