HomeMy WebLinkAbout05/10/2011South Coast Air Quality Management District
Government Center. Building Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Chairman Jack Shah
Vice Chairman Kwang Holee
ee
commissioner Jimmy Lin
Commissioner Steve .Nelson
Commissioner Tony Torng
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 a -t
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
218
ve,
Diamond Bar, C
alifornia during
25 normal business hours.pieYDri
In an effort to comply with the requirements of Title ofthe Americans with
Disabilities Act of 1990, the City of Diamond Bar requires that any person. in need of any
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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
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Comments and questions are welcome so that all points of view are considered prior to the
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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
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may act on item that is not on the posted agenda.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of
the Community Development Department. Agendas are available 72 hours prior to the meeting at City
Hall and the public library, and may be accessed by personal computer at the number below.
Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are
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HELPFUL PHONE NUMBERS
Copies of Agenda; Rules of the Commission; Cassette Tapes of Meetings (909) 839-7030
General Agendas.(909) 83.9-7030
email: -info ci.diarnond-bar.ca.us
MAY 10, 2011 PAGE 2 PLANNING COMMISSION AGENDA
Recommendation: Staff recommends that the Planning Commission adopt a
resolution :finding the Draft Parks and Recreation Master Plan 2011.in
conformance with the General Plan.
7. CONTINUED PUBLIC HEARING(S):
7.1 Conditional Use Permit No. PL2010-355 — Under the authority of Diamond
Bar Municipal Code Section 22.58, the applicant is requesting approval to
remove an existing Edison street light pole located on Diamond Bar Blvd.,
public rights-of-way, north of Tin Dr., and replace it with a similar light pole
equipped with cellular telecommunications antennas and associated ground -
mounted equipment. (Continued from April 26, 2011)
Project Address: Public Rights -Of -Way on Diamond Bar Boulevard and
760 S. Diamond Bar Boulevard
Property Owner: City of Diamond Bar
21825 Copley Dr.'
Diamond Bar, CA 91765
Applicant: Sequoia Deployment Services on' Behalf of T -Mobile
Monica Moretta
One Venture, Suite 200
Irvine, CA 92618
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 (New Construction of Small. Structures) of the CEQA Guidelines.
No further environmental review is required.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit No. PL2010-355, based on the Findings. of Fact, and
subject to the conditions of approval as listed within the draft resolution..
7.2 Conditional Use Permit No. PL2011-058 Under the authority of
Development Code Section 22.58, the applicant ;is : requesting approval to
operate a 3,835 square -foot tutoring center. The proposed
. hours of operation
are from 8:00 a.m. to 6:00 p.m. Monday through Friday.,,The lot is zoned Light
Industrial (I) with a consistent underlying General Plan land use designation of
Light Industrial. (Continued from April 26, 2011)
MAY 10,2 : 011 PAGE 3
PLANNING COMMISSION AGENDA
'460 Ca8tlehill Dr..
Walnut, CA 9178.9
MAY 10, 2011 PAGE 4 PLANNING COMMISSION AGENDA
Environmental Determination: The 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 Article 19, section 1530(e) (additional
to an existing structure of less than 10,000 square feet) of the. CEQA
Guidelines.
Recommendation: Staff recommends that the Planning Commission approve
Development Review and Minor Conditional Use Permit No. PL2011-67, based
on the Findings of Fact, and subject to the conditions of approval .as listed
within the draft resolution.
8.2 Development Review and Minor Conditional Use Permit No. PL2010-325 —
Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56,
the applicant is requesting approval for a 494 square -foot, second -floor addition
to the front of the residence and a Minor Conditional Use permit for the
continuation of a nonconforming front setback of 13'-6" (20 feet is required).
The property is zoned Low Density Residential (RL) with a consistent
underlying General Plan land use designation.
Project Address: 23959 Cougas Creek Road
Property.Owner/ Jorge and Martha Diaz
Applicant: 23959 Cougas Creek Road
Diamond Bar, CA 91765
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 1.5301(e,2b); (additions to existing structure provided that the addition
will not result in an increase of more than 10,000 square feet if the area in
which the project is located is not environmentally.. sensitive) of the CEQA
Guidelines. No further environmental review is required.
Recommendation:. Staff recommends that the Planning Commission direct the
applicant to submit revised architectural elevations to address the design issues
outlined in the staff report, and .continue the matter to May 24, 2011.
8.3 Development Code Amendment No. PL2011-146 - An Ordinance of the.city
of Diamond Bar regarding recovery of attorney fees, in nuisance abatement
proceedings and amending Diamond Bar Municipal Code
Sections 22.78060(2)(b) .and 22.78.070(1). The Ordinance serves to clarify,
existing provisions of the Diamond Bar Municipal Code. relative to recovery of
attorney fees incurred in ` abatement of nuisances by clarifying that all
.MAY.10, 2011 PAGE 5 PLANNING COMMISSION AGENDA,
references to legal "costs". were intended to and do include the City's attorney
fees.
Project Address: Citywide
Applicant: City of Diamond Bar
Environmental Determination: The City, has determined that the proposed
Development Code Amendment is exempt from the provisions of the California
Environmental Quality Act (CEQA), as prescribed under Section 15061(b)(3) of
the, CEQA Guidelines (No potential for causing a, significant effect on the
environment) and Section 15321, Class 21 (Enforcement Actions by Regulatory
Agencies). Therefore no further review is required.
Recommendation: Staff recommends that the Planning Commission
recommend that the City Council approve Development Code Amendment
No. PL2011-146.
9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
10. STAFF COMMENTS / INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects:
11. SCHEDULEOF FUTURE EVENTS:
TRAFFIC AND TRANSPORTATION Thursday, May 12, 2011.- 7:00 p.m.
COMMISSION MEETING:. Government Center/SCAQMD
Hearing Board Room, 21.865 Copley Drive
CITY COUNCIL MEETING: Tuesday, May 17, 2011 -.6:.30 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
PLANNING COMMISSION Tuesday, May 24, 2011 - 7:0.0 p.m.
MEETING: Government Center/SCAQMD.Auditorium
21865 Copley Drive
PARKS AND RECREATION. Thursday, May 26, 20.1.0-7:00 p.m.
COMMISSION MEETING: Government Center/SCAQMD
Hearing Board Room, 21865 Copley Drive
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
APRIL 26, 2011
CALL TO ORDER:
Chairman Shah called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF. ALLEGIANCE: Vice Chairman Lee led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Jimmy Lin;. Steve Nelson, Tony Torng,
Vice Chairman Kwang Ho Lee and Chairman Jack Shah.
Also present: Greg Gubman, Community. Development Director; Grace,
Lee, Senior Planner; David Alvarez, Assistant Planner; and Stella Marquez, Senior
Administrative Assistant.
2.MATTERS FROM THE AUb1ENCEIPUBLIC COMMENTS None
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Minutes of the'Regular Meeting of March 22, 2011.
C/Torng:moved, VC/Lee seconded, to approve the March 22, 2011, Regular
Meeting minutes as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lin, Nelson, Tor.hg, VC/Lee,
Chair/Shah
NOES: COMMISSIONERS None
ABSENT: COMMISSIONERS: None
4.2 Minutes of the Regular Meeting of April 12, 2011.
C/Nelson moved, C/Lin seconded, to approve the April 12, 2011, Regular.
Meeting minutes as corrected. Motion carried. by the following Roll Call
Vote:
YE
Lin,. g Nelson Torn , VC/Lee,
S:
COMMISSIONERS: IS
SIONERS' Li
A
Chair/Shah
NOES:
COMM ISS ION ERS: None
ABSENT: COMMISSIONERS: None
APRIL. 26; 2011
PAGE 2
PLANNING COMMISSION
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARINGS:
7.1 Conditional Use Permit No. PL 2010-355 - Under the authority of Diamond
Bar Municipal Code Section 22.58, the applicant requested approval to
remove an existing Edison street light pole located on Diamond Bar
Boulevard's public right-of-way, north of Tin Drive, and replace it with a
similar light pole equippedwith cellular telecommunications antennas and
associated ground -mounted equipment (Continued from April 12, 2011)
PROJECT ADDRESS Public Rights of Way on
Diamond Bar Boulevard and
760 S. Diamond Bar Boulevard
PROPERTY OWNER: City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
APPLICANT: Sequoia Deployment Services
On behalf of T -Mobile
Monica Moretta
One Venture, Suite 200
Irvine, CA 92616
CDD/Gubman recommends that this matter be continued to May 10, 2011, to
give the applicant the opportunity to provide samples of artificial foliage to
screen the above -ground equipment. Additional time is needed in order for
the applicant to get those samples together for the Commission.
C/Lin moved, C/Nelson seconded, to continue Conditional Use Permit
No. PL 2010=355 to May 10, 2011..Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS: Lin, Nelson, Torng, VC/Lee,
APRIL 26, 2011 PAGE 3 PLANNING COMMISSION -
8. PUBLIC HEARINGS:
8.1 Development Review No. PL 2010-438 Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant, Manolo M Manalo and
property owners Ming Kuo and Li Hua Chen requested approval for a 1,643
square foot addition to an existing 2,768 square foot single-family residence
and a 421 square foot pool house on a 0.69 gross acre (30,057 square foot)
lot. The lot is zoned Rural Residential (RR) with. a consistent underlying
General Plan land use designation of Rural Residential:
PROJECT ADDRESS: 2435 Alamo Heights
Diamond Bar, CA 91765
PROPERTY OWNERS: Ming Kuo and Li Hua Chen
2435 Alamo Heights
Diamond Bar, CA 91765
APPLICANT: Manolo M. Manalo
23824 Audrey Avenue #C
Torrance, CA 90505
. 4,4
APRIL 26, 2011 PAGE 4 PLANNING COMMISSION
8.2 Conditional Use Permit No. PL 2011-058 — Under the authority of Diamond
D h A, I. f' A 0 M+; 22.58. +k I; + r%A ;11[1 � 1 A
of U" t- pa V U Ut, V" U CAPP scan ani U a raj a
property owner Ronald- E. Albrecht, requested approval to operate a 3,835
square foot tutoring center. The proposed hours of operation are from
8:00 a.m. to 6:00 p.m. Monday through Friday. The lot 'is zoned Light
Industrial (1) with a consistent underlying General Plan land use designation
of Light Industrial.
PROPERTY OWNER:
APPLICANT:
782-784 Pinefalls Avenue
Diamond Bar, CA 91765
Ronald E. Albrecht
Sterling Capital, Inc.
8502 E. Chapman #184
Orange, CA 92369
Manikku Malraj
Ranmal Educational Services
801 Brea Canyon Road
Diamond bar, CA 91789
AP/Alvarez presented staffs report and recommended Planning Commission
approval of Conditional Use Permit No. PL 2011-058, based on the Findings
of Fact, and subject to .the conditions of approval as listed within the
resolution.
Chair/Shah asked if the City was assured that the current or new owner of
the auto storage facility would not start an auto repair business. AP/Alvarez
referred VC/Lee to the applicant.
VC/Lee asked if this was a safe area because during the winter the area
would be dark and he would be concerned about young children staying in
the area Until 8:00 p.m. AP/Alvarez stated that the property owner offers six
subjects per day and each class subject is 90 minutes in length. Students
are dropped off for 90 minutes and then picked up. VC/Lee again asked if
there were vacant warehouses in the surrounding area. AP/Alvarez said that
one of the units on the site is vacant. VC/Lee said the report shows 11
buildings and again asked if 10 were full and only one building was vacant.
He again asked the vacancy status. A,P/Alvarez said he does not know the
vacancy status for every building because staff focused only on the one
parcel that is the subject of this report. VC/Lee said this was,an industrial
area and there are a lot of warehouses. He is concerned about the students
remaining in this type of area until 8:00 p.m. even th0 ug
h staff says this is a
compatible use. AP/Alvarez reiterated that, the center closes at 6:0.0, p.m.
F -i P- 1 b
APRIL 26, 2011 PAGE 5 PLANNING COMMISSION
There is a dance studio and music school in the immediate area so there are
similar types of businesses within this light industrial area. VC/Lee again
asked if staff felt light industrial areas and tutoring centers. are very
compatible. AP/Alvarez reiterated that based on the City's Development
Code, this is an allowed use with a conditional use permit and is compatible
with businesses within the center.
CDD/Gubman said that staff looked at the compatibility of uses in the center
and it is called an industrial park but the nature of the businesses are
primarily "business park" types of uses including office/warehouse types of
uses. Over time other educational type uses have established their
businesses in this industrial park including the dance center and the music
instruction facility. So there is a mix of uses that have co -existed and so far it
has. been harmonious. Certainly, there is potential in the future for more
intensive businesses to locate in the center so that is something that is more
dependent. on the property owners business decision whether they wish to
rent to these other tenants. However, having said that, once they, begin
and signing leases with these tutoring facilities,. studios,
permitting
etc., they are kind of obligating themselves to ensure that future tenants are
appropriate to locate amongst these tutoring uses. The risk that the property
owner faces by not adhering to that sensitivity is that the Commission has
the opportunity to revoke these conditional use permits if the circumstances
and context in the center changes in the future -where .it is not really
ve these educational uses. The presumption that staff
appropriate to ha
relies on to a certain extent in considering this use is that with the mix of
uses right now itwou.ld be in the property owner's.best interest to sustain that
compatibility so he does not lose leases because also presumably if there is
a sense that the environment is not conducive to the. enrichment of the
students because it is noisy or there are foul. odors or. whatever, the
businesses will lose enrollment. which will lead to vacancies that may
otherwise be difficult for the owner to re-lease.:One of the benefits to the
industrial park landlords is that these educational type uses are stable and
they stay in one location for long periods of time. So when they are able to
attract those types of tenants, owners have certain assurance of stability and
it in the owner
's interest to continue, to maintain that.harmony within
theirproperty.
C/Torng asked about the parking space ratio. AP/Alvarez reiterated that the
site is required to provide 25 parking spaces based on the square footage of
the unit (3835 x 200 plus one for each employee).
C/Lin asked how he would access the entrance if he parked. at the rear of the
building and AP/Alvarez said C/Lin would have to walk around to the front
entrance.' C/Lin asked what would happen if someone applied for a similar
D n
APRIL 26, 2011 PAGE 6 PLANNING COMMISSION
type of use if there were insufficient parking spaces available. AP/Alvarez
- responded -that when staff receives an application one of the considerations
is "parking and if a new applicant were to come in with a similar use staff
would relook at the parking requirements based on the proposed use. Staff
feels comfortable with this application because there is an adequate parking
supply and can accommodate the tutoring center.
CDD/Gubman stated that there is a breaking point where no more
conditional use permits would be appropriate to grant based on saturation of
parking demand.
C/Lin asked AP/Alvarez if the chances of 10 parents waiting in the parking lot
at the same time for 10 minutes is high so that at any, time during the peak
hours of the day all 13 spaces could be occupied and AP/Alvarez responded
that C/Lin was correct.
Ronald Albrecht, property owner, said he was present to respond to
questions. Manikku Malraj, applicant, said he too was present to respond to
questions.
C/Lin asked how the applicant came to have only 10 students at a time when
they could easily have 15-20 students. Mr. Malraj said that he owns a
Montessori school that accommodates pre-school students only. The reason
for the proposed tutoring facility, is to expand his business for students who
need to improve their math and science skills. This is a second facility which
he is renting for this purpose. C/Lin asked if the applicant had a problem
With limiting classes to 10 individuals. Mr. Albrecht said there might be
multiple classes in session at the same time: C/Lin again asked if the
applicant would stipulate to not having more than 10 kids in a classroom at a
time. Mr. Malraj responded correct, because there are six sessions and
each session would have a maximum of only 10 students. C/Lin asked the
applicant if he would agree to have only 10 students in the facility at one time
and Mr. Malraj reiterated that there. are six sessions for 90 minutes each
session and sometimes it the sessions might go concurrently. VC/Lee
questioned that at a given time in a worst-case scenario, the applicant could
have up to 60 kids in his facility. Mr. Malraj responded no, that is wrong.
The maximum might be three classrooms in three sections for a total of
maybe 30 kids at the same time. C/Lin said he does not read the application
that way.
SP/Lee referred the Commissioners to Attachment 3 of their packetswhich
provided a business description wherein the applicant explains that sessions
are classes. The applicant is offering: six classes. The .application is for a
maximum of 10 students per subject per class: -She said she was *confused
APRIL 26, 2011 PAGE 7
PLANNING COMMISSION
and asked the applicant what he means when he says there can be three
Classes going on concurrently.
VC/Lee said he'would support this concept but was concerned about the
area and wanted to know if it was a safe area for the kids. Mr. Albrecht
responded "yes" and what is interesting about this area is across the street it
is residential. This is not buried in a big industrial park, it is surrounded by
residential. Also across the street (approximately 175 feet away) in an
identical structure/building is Delos Dance Studio which caterers to the exact
same age group of children with parents dropping their children off. There
may be 30-40-50 children at one time in Delos which has been in this
location for many years. He believes Delos is about 4,000 square foot
double unit. That is less than 200 feet from the door of his building.
Approximately 170 square feet away - two or three doors down from Delos,
is the music store which went in recently. The music store also caters to the
identical demographic; children 6 to 12 or 14 years .old who are taking music
lessons. So there are two existing businesses, one providing dance
instruction and one providing music instruction to children. So it is certainly
safe for the kids. VC/Lee said the reason he is concerned is because the
kids are very young and he needs to have a sense of protection because ,
thereare a lot of people who prey on kids and there. must be a level of
comfort. Mr. Albrecht said that his concerns about liabilities are deeper than
those of the Commissioners.
C%Nelson asked if the other uses were the same hours and Mr. Albrecht said
"similar hours. Delos is actually open later than this facility and it is his
understanding that the music store hours are very similar. Also, he has
lighting around the building. 'Regardless of the lighting, these are not parents
and grandparents that let children off at the corner and teil them to run to
school.
C/Torng asked the applicant if he read the. resolution and Mr. Malraj
responded that he read the resolution. Cn orng pointed out that 4.b of the
resolution calls for 10 or fewer,students and 3 instructors at any one time and
what this means is that the applicant cannot have more than 13 people in the
facility at any one time. Mr_ Mairaj said that is not what the business
proposal stated. The intention is that each instructor will have 10 students at
may
one time for a maximum of 30 students at one time. And there _ Y
not be
30 atone time. because there may not be that many students. C/T6mg said.
that when he asked the applicant earlier.if he read the conditions of approval,
did he or did he not reflect to staff about the actual number. Mr. Malraj said
he was out of the country and just came back two days ago. C/Torng asked
for staffs opinion.
' Q -T
APRIL 26, 2011 PAGE 8 PLANNING COMMISSION
CDD/Gubman said that in Attachment 3, the business description submitted
by the applicant, they are stating in writing -quite clearly that there are non -
overlapping 90 minute sessions and 10 students per 90 minute session
which leads staff to conclude that there is a maximum of 10 students plus the
requisite number of instructors and that is the basis for the entire parking
analysis. If there are 30 students at any one time, this facility cannot
accommodate that parking demand.
VC/Lee asked the maximum capacity based on the number of available
parking spaces. CDD/Gubman responded that staff's report includes a
parking utilization and count analysis on the second and last page., The
highest parking demand of the current uses occurred on Mondays at
10:00 a.m. where there are 10 parking spaces utilized. There are 30 parking
spaces so there are, at a minimum, 20 vacant spaces at any one time.
VC/Lee asked how . many classes could be taught at any one time..
CDD/Gubman said that at the busiest time, there are 20 spaces available so
that would be 17 students and three instructors.
C/Torng suggested that since there seems to be a misunderstanding he
would like to recommend that staff and the. applicant withdraw this
application because it should not be discussed at this moment.
Chair/Shah said he too felt there was a real disconnect between the
application, the applicant's understanding and staff's report. He highly
recommended that this issue be studied further and staff may want to bring
the matter back to the Commission at its next meeting with correct
information.
Chair/Shah opened the public hearing.
C/Lin moved, C/Torng seconded to continue the public hearing.. for
Conditional Use Permit No. PL 2011-058 to May 10, 2011.
C/Linsaid that the maximum number of parking spaces required for 10
students and 3 staff would be 23, spaces. Soif there are 30 students, that
kind of parking is not available at this, facility.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS Lin, Nelson, Torng, VC/Lee,
Chair/Shah
NOES: COMMISSIONERS: None
- ABSENT: COMMISSIONERS: None
APRIL 26, 2011
PAGE 9 PLANNING COMMISSION
9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
None Offered.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future proiects.
CDD/Gubman reported that with respect to the approval for the new house at
the corner of Wagon Train and Windmill, the residents who live across the
street from the subject property who spoke in opposition to the project and
were concerned about their view has filed an appeal so this matter will be
considered by the City Council most likely during their first meeting in June.
CDD/Gubman said that for the next Planning Commission meeting, there are
now five items including the continued hearing on the T -Mobile Cell site at
Diamond Bar Boulevard south of Gold Rush; continued hearing on the
tutoring center discussed this evening; a ` request for the Planning
Commission to make a General. Plan consistency finding for the Parks
Master Plan; two development projects including an exterior remodel. at
2160 Indian Creek and a second story room addition on Cougas Creek Road
in _the Dean Homes Swim Club neighborhood in the vicinity of Golden
Springs and High Knob Road.
10. SCHEDULE OF FUTURE.EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further. business before the Planning Commission,
Chairman Shah adjourned the regular meeting at 7:57 p.m.
The foregoing minutes are hereby approved this 10th day of May, 2011.
Attest:
Respectfully Submitted,
Greg Gubman
Community
De
p
veto ment
Director
Jack Shah: Chairman
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
DATE: May 10, 2011
TO: Chairman Shah and Members of the Planning Commission
FROM: Greg Gubman, AICP, Community Development Director
BY: Grace S. Lee, Senior Planner
SUBJECT: Review . of Proposed Fiscal Year 2011-2012 Capital Improvement
Program (CIP) Plan for Conformity with the General Plan
Each year, prior to the adoption of the City's annual budget, the Planning Commission
reviews the proposed fiscal year Capital Improvement Program (CIP) for consistency
with the City's General Plan and adopts a resolution to record its findings. The process
is mandated pursuant to California Government Code Section 65401 (see
Attachment 3).
ANALYSIS:
The proposed Fiscal Year 2011-2012 CIP is detailed in Attachment 2, and is comprised
of the following expenditures:
CIP 20112012
Exppnditdres
Total Expenditures
® Street Improvements
$2,237,250
® Traffic Management/Safety
$245,000
® Park and Rec. Improvements
$1,293,950
® Miscellaneous Improvements
$679,572
$4,455,772
Capital improvement projects are funded by various sources: the Gasoline Tax Fund;
Proposition "C" (Transit Fund); SAFETEA-LU Fund; Traffic Improvement Fund;
Measure R. (Local Return Fund); MTA Local Transportation Fund; Proposition 42
(Traffic Congestion Relief); Proposition 1 B; American Recovery & Relief Act; Developer
Impact Fees; Community Development Block Grant (CDBG); Proposition 40 (Park
Grant); Land & Water Conservation; Quimby Fees; Park Development Fund;
Proposition A (Safe Parks); Recreational Trails Grant; Federal Highway Safety
Improvement Program; and Federal Water Resources Development Act Authority.
The Public Works and Community Services Departments develop the project list based
on identified community improvement needs. Planning staff finds that the proposed
2.011-12012 CIP is consistent with. the adopted, General Plan's Vision Statement and
numerous Goals, Objectives, and Strategies, (including, but not limited to, the following:
Circulation Element - Goal 1, Objective 1.2, Strategy 1.2.1 and Goal 3, Objective 3.1,
Strategies 3.1.1 and 3.1.3, and 3.1.4; Resource Management Element - Goal 1,
Objective 1.3, Strategy 1.3.7; and Land Use Element - Goal 3, Objective 3.2, and
Strategy 3.2.1).
Capital Improvement Projects
Below is a summary of the various projects proposed under the 2011-2012 CIP-
Street Improvement Projects
Construction Projects - Street improvement construction projects include a variety of
right-of-way and roadway reconstruction aspects such as overlay, median
construction, new sidewalks and sidewalk repairs, new driveway approaches and
repairs, and landscaping.
o Chino Hills Parkway Rehabilitation involves a traditional grind ani asphalt
overlay to improve the roadway
o Pathfinder Road Rehabilitation West City/Peaceful is a project where the City is
partnering with Los Angeles County since there is. a portion of shared jurisdiction.
The County will be designing and constructing this grind and asphalt overlay
project while the City will be contributing a fair share to the improvement.
Slurry Seal Projects - Slurry Seal is a maintenance item on a seven-year cycle per
neighborhood. The major cracks and holes are sealed and repaired; a thin layer of
slurry is applied to extend the life of the existing road pavement; and the appropriate
pavement markings are re-established (see Attachment 4).
o Residential Slurry Seal —Area 1A
o Arterial Slurry Seal/Overlay — Zone 6
Traffic Management/Safety Projects
Traffic Calming Projects Diamond Bar developed and is implementing
neighborhood traffic management programs to enhance the quality of life on
residential streets within neighborhoods across the City. Solutions vary accordingly
and may include reducing the speeds of motorists, reducing the volume of traffic, or
2
CIP — Fiscal Year 2011-2012
finding Ways for residents living near schools to cope with the rush of pick-up and
drop -'off traffic.
o Neighborhood Traffic Management Program is provided for our residents to
address speeding and cut -through traffic in the neighborhoods. Recent
installations have included such improvements as speed cushions and added
signage and striping to mitigate such undesirable traffic conditions.
® Traffic Signal Management
o Traffic Signal Battery Backups - Battery Backup System will be installed at 10
additional intersection locations in order to provide a back-up power supply to
signalized intersections.
Parks and Recreation Improvements
® Design
o Sycamore Canyon Creek Repair and Tot Lot Wall
Construction
• Washington Street Park
• Stardust, Silvertip and Longview ADA Retrofit
• Silver Tip Mini Park Improvements
® Trail Access
o Sycamore Canyon Park, Phase IV, Rio Lobos
Miscellaneous Improvements
Curb Ramp Installation at Maple Hill/Chap, ValutilizesCDBG funds to improve curb
ramps to current ADA standards. The proposed project will improve the route to
school in the vicinity of an elementary and middle school.
Median Modifications Project at Grand/Summitridge will improve a line of sight issue
for vehicles making left turn movements from Grand Avenue onto Summitridge
Drive.
0 Grand Avenue Enhancement Study at Diamond Bar Center/Shotgun is a study that
will be undertaken to determine if a viable concept can be developed to realign the
Diamond Bar Center and Shotgun Lane streets to improve circulation at the
intersection.
3
CIP — Fiscal Year 2011-2012
Golden Springs Drive Drainage Improvement Design will include the design and
construction of storm drain improvements to Golden Springs Drive between
Lavendar and the Calvary Chapel driveway. The improvement will include some
reconstruction of curb and gutter along with an underground storm drain inlet and
pipe to an existing underground system.
Pathfinder Road Sidewalk Improvement/Erosion Control will be undertaken to
improve the condition along the back of sidewalk on Pathfinder Road between
Evergreen Springs and Diamond Bar Blvd. The area behind the sidewalk is
currently native soil and has the potential to erode. This improvement will involve
the addition of concrete sidewalk such that there will not be any native soil exposed
between the sidewalk and the existing fence line.
The proposed Fiscal Year 2011-2012 Capital Improvement Program is found to be
Categorically Exempt from the provisions of the California Environmental Quality Act
(CEQA), under Article 19, Section 15301 (Operation, Repair, Maintenance of Existing
Facilities) of the CEQA Guidelines.
Staff recommends that the Planning Commission adopt Resolution No. 2011 -XX finding
the proposed FY 2011-2012 Capital Improvement Program -in conformance with the
City's General Plan.
Prepared by:
Grace S. Lee--*'
Senior Planner
Attachments:
Reviewed by:
Greg Gub—man, AICP
Community Development Director
1. Draft Resolution No. 2011 -XX
2. FY 2011-2012 Capital Improvement Program/Project List
3. CA,Government Code Section 65401
4. Slurry Seal Program Exhibits
4
CIP — Fiscal Year 2011-2012
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2011 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, FINDING THAT THE PROPOSED
FISCAL YEAR 2011-2012 CAPITAL IMPROVEMENT PROGRAM (CIP)
IS CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF
DIAMOND BAR AND RECOMMENDING APPROVAL TO THE CITY
COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 65401.
A. RECITALS
1. WHEREAS, on April 18, 1989, the City of Diamond Bar was established
as a duly organized municipal corporation of the State of California.
2. WHEREAS, on July 25, 1995, the City of Diamond Bar adopted its
General Plan incorporating all State mandated elements, and portions of
the General Plan have been updated from time to time; and
3. WHEREAS, the City Manager of the City of Diamond Bar has prepared a
proposed Capital Improvement Program and Budget for the City's 2011-
2012 Fiscal Year which outlines a program identifying proposed public
works improvement projects to occur during the fiscal year. The projects
include, but are not limited to, street and highway improvements, traffic
signal installations and modifications, and park improvements.
4. WHEREAS, California Government Code Section 65401 requires the
Planning Commission to review proposed public works projects for the
ensuing fiscal year to determine compliance with the City's General Plan.
5. WHEREAS, on May 24,. 2011, at a regularly scheduled meeting, the
Planning Commission, reviewed .and considered the City of Diamond Bar's
proposed Fiscal Year 2011-2012 Capital Improvement Program, and the
projects contained therein, and concluded said review prior to the adoption
of this Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows;
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon the facts and evidence presented during the Planning
Commission meeting regarding the City's proposed Fiscal Year 2011-
2012 Capital Improvement Program, including oral and documentary
evidence provided by City staff, the Planning Commission, in accordance
with the provisions of California Government Code Section 65401, hereby
finds as follows:
(a) The projects identified in the City's proposed Fiscal 'Year. 2011-
2012 Capital Improvement Program, Attachment 2, is consistent
with the City's General Plan adopted July 25, 1995, including, but
not limited to:
(i) Circulation Element — Goal 1, Objective 1.2, Strategy 1.2.1
and Goal 3, Objective 3.1, Strategies 3.1.1 and 3.1.3, and
3.1.4;
(ii) Resource Management Element — Goal 1, Objective 1.3,
Strategy 1.3.7; and
(iii) Land Use Element — Goal 3, Objective 3.1, Strategy 3.1.2,
etc.)
(b) The proposed projects comply with all other applicable
requirements of State law and local ordinances, regulations, and
standards; and
(c) The proposed Fiscal Year 2011-2012 Capital Improvement
Program is found to be Categorically Exempt from the provisions of
the California Environmental Quality Act. (CEQA), under
Section 15301 of the CEQA Guidelines (operation, repair,
maintenance of existing facilities).
3. Based on the findings and conclusions set forth above, this Resolution
shall serve as the Planning Commission's report to the City Council
regarding the General Plan conformity of the proposed public works
projects in the City's Fiscal Year 2011-2012 Capital Improvement Program
as required by California Government Code Section 65401.
The Planning Commission shall:
(a) Certify as to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City Council of
the City of Diamond Bar for use in its deliberations regarding the City's
budget. .
2
CIP FY 2011-2012
ADOPTED AND APPROVED THIS 24th DAY OF MAY, 2011, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Jack Shah, Chairman
I, Greg Gubman, Secretary of the Planning Commission of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was duly introduced, passed, and adopted,
at a regular meeting of the Planning Commission held on the 24th day of May, 2011, by
the following vote to wit:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
3
CIP FY 2011-2012
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Attachment 3
CALIFORNIA GOVERNMENT CODE SECTION 65401
Review of capital improvement Projects for Conformity with the General Plan
If a general plan or part thereof has been adopted, within such time as may be fixed by
the legislative body, each county or city officer, department, board, or commission, and
each governmental body, commission, or board, including the governing body of any
special district or school district, whose jurisdiction lies wholly or partially within the
county or city, whose functions include recommending, preparing plans for, or
constructing, major public works, 'shall submit to the official agency, as designated by
the respective county board of supervisors or city council, a' list of the proposed public
works recommended for planning, initiation or construction during the ensuing fiscal
year. The official agency receiving the list of proposed public works shall list and classify
all such recommendations and shall prepare a coordinated program of proposed public
works for the ensuing fiscal year. Such coordinated program shall be submitted to the
county or city planning agency for review and report to said official agency as to
conformity with the adopted general plan or part thereof.
Attachment 4
EXHBT A
X E V
DIAMOND
BAR
At, l 57
�\`..r�
i7- p
V I
"Y
N
zll
SECTION FISCAL
(57
AREA MILEAGE YEAR
19.5 04-05
2 16.5 05-06
4'��?, � I , y , }:: �t �� 3 17.9 06-07
c rr-
4 14.4 0708
5 12.0 08-09
C', i 1.0 09-10
7 16.4
TOOTAL 103,x:
At",
7C)IS /
1. lt''.
S E C TI
FISCAL,
I. -
YEAR
kia*"
9.9
-
0 6 -07
7,9
07-08
3
6,0
08-09
4
5.1
09-10
-9.2
1.4
T(DTAL 35.3
IFDIAI►IONSf,BAR ri, • _
I
. . . . . . . . . . .
NG: COMM
Y
1AGENDA REPORT6y ff-mCITY OF DIAMOND BAR - 21825 COPLEY DRIVE DIAMOND BARj CA 91765-- TEl ;
DATE: ;
TO:
FROM:
BY:
SUBJECT:.
May 10, 2011 -
Chairman Shah and Members of the Planning Commission
Greg Gubman, Al CP, Community Development Director
Grace S. Lee, Senior Planner
Review of Draft Parks and Recreation Master Plan
Consistency with the City's General Plan
2011
BACKGROUND:
The Parks and Recreation Master Plan is one of the implementation measures in the
Resource Management Element of the City's General Plan. Specifically, Strategy 1,3.2
of the Resource Management Element calls for the City to "adopt 'a" comprehensive
MasterPlan of Parks which analyzes present and future recreation, park and open
space preservation needs" as one of eight measures to implement .Obiective 1.3 which
states: "Maintain a system of recreation facilities and open space. preservation which
meet active and passive recreational needs of Diamond Bar residents of all ages."
Pursuant to California Government Code Section 65400 (Attachment #2), the Planning
Commission must review the updated Parks and Recreation Master Plan 2011 for
consistency with the.City's General Plan and adopt.a resolution to record its findings
(Attachment #1).
ANALYSIS:
partment operates park's and recreation fac
The. Community Services Deilities which
provide the opportunity for leisure activities for about 59,000; residents in the City of
Diamond 'Bar. The City recognizes that properly planned development and appropriate
maintenance of these facilities enhance the quality of life of the citizens of:biamond Bar.
The updated Parks and Recreation Master. Plan. provides direction to continue the
orderly and consistent planning, acquisition, development and administration of the
parks and recreation programming in the City.
The draft plan includes " the "following goals to guide the " Community Services
Department in its facility and program development in the future:
Describe current and future demographic proiections and regional context;
Examine the current conditions of parks, schools, trails'and facilities;
Study and analyze current public demand and needs for parks, recreation and
cultural facilities and programs;
Develop operating policies based on future needs expressed by the staff and the
community;
® Recommend improvements to existing parks, facilities, schools, trails and
opportunities for joint use and future acquisition;
® Examine and analyze current policy documents;
Recommend future uses and proposed development of amenities at Summit
Ridge Park; and
Describe funding and financing strategies and actions to enable the City to
implement the recommendations by the year 2020.
Planning staff finds that the proposed Draft Parks and Recreation Master Plan is
consistent with the adopted General Plan's Vision Statement and Goals, Objectives,
and Strategies as follows:
Land Use Element
Goal 1, Objective 1.4, Strategy 1:4.2: Promote joint development and use of
parks and open space facilities with adjacent jurisdictions; promote development
of joint school/park sites and public amenities:
Goal 1, Objective 1.4, Strategy 1.4.5: Pursue development of major joint use
recreation and .meeting facilities as part of educational facility development.
Goal 1, Objective 1.4, Strategy 1.4.6: Work with Tres Hermanos property
owner(s) to incorporate, where appropriate, educational/cultural, recreational and
public services to -include arterial highway -access to future schools:
Goal 1, Objective -1.5, Strategy 1.5.5(a):. Obtain Open Space land through
feasible acquisition and management techniques such as acquisition of land for
parks and natural area conservation through a process of entitlement review and
density transfer among land uses of like designation and entitlements review..
Goal 1, Objective 1.6, Strategy 1.6.1(d): PA -4 consists of 82 vacant acres and is
located west of Brea Canyon Road,, north of Peaceful Hills Road and: south of
South Pointe Middle School. Land use designations appropriate for this planning
area include Park (PK), Public Facilities (PF) and, Open Space (O,S). The most
sensitive, portion of the site shall be retained .in permanent open space.. The site
plan shall incorporate the planning and site preparation to accommodate the
2
CD: Staff Reports-PC/GP Consistency for Parks Master Plan 05-10-2011
development of Larkstone Park of a suitable size and Location to serve the
neighborhood as approved by the, City.
Resource Management Element
Goal 1, Objective 1.1, Strategy 1.1.13: Develop a plan_to provide a mechanism
for, and to pursue the preservation of designated open space.
Goal 1, Objective 1.3: Maintain a system of recreation facilities and open space
and passive recreational. needs of Diamond
preservation which meets the active
Bar residents of all ages.
Goal 1, Objective 1.3, . Strategy 1.3.1: As quickly as possible, complete a
Recreational Needs Analysis to determine the present and future recreation and
park needs and update this analysis at intervals of not more than five years.
o Goal 1, Objective 1.3, Strategy 1.3.2: As quickly as possible, complete and
adopt a comprehensive Master Plan of Parks which analyzes present and future.
recreation, park and open space preservation needs.
Goal 1, Objective 1:3, Strategy 1.3.5: Recreational Open Space shall. be
preserved as recreational open space unless and until said recreational open
spaces are replaced with equivalent open space properties and facilities.
Goal 1, Objective 1.3, Strategy 1.3.7: Develop recreation facilities emphasizing
active and passive recreation areas. The development of a community center,
the acquisition of traditional neighborhood parkland 'including community athletic
fields should be pursued.
Improve and enhance existing recreation areas.
Pursue joint public/private development of recreational facilities.
Develop and maintain a comprehensive inventory of recreation facilities
and update.the facilities to ensure that the City's needs are being met;
A tivizlx/ ni imi ip land acauisition for parks.
Circulation Element
Goal 2, Objective 2.1, Strategy 2.1.12: Explore the feasibility of interconnected
public hiking trails.
Public Services. and Facilities Element
Goal 1, Objective 1.3, Strategy 1.3.2: Work closely with the Walnut Valley and
Pomona Unified School Districts on an ongoing basis to resolve issues such as,
joint use of facilities, location of new facilities, and 'alternative use of vacant or
unused sites.
Goal 1, Objective 1.3, Strategy 1.3.3: Encourage joint development of
recreational facilities with the local school districts.
IMOS
The proposed Draft Parks and Recreation Master Plan 2011 is found to be statutorily
exempt from the provisions of the California Environmental Quality. Act (CEQA), under
Article 18, Section 15262 (Feasibility and Planning Studies) in that the plan is a type of
feasibility and planning study that does not legally bind the City to act on any of the
projects discussed in the document, and does not provide funding for tho se projects.
Since the Draft Parks and Recreation Master Plan also includes some detailed
maintenance and ADA specifications, there are two Categorical Exemptions from the
provisions of the. California Environmental Quality Act (CEQA), under Section 15301(d)
(Restoration or Rehabilitation of Existing Facilities) and Section .15302 (Replacement, or
Reconstruction of Existing Structures and Facilities).
The Community Development Department will file a Notice of Exemption in accordance
with Section 15062 of the CEQA Guidelines immediately following the -adoption of the
Parks and Recreation Master Plan.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt Resolution No. 2011 -XX finding.
the Draft Parks and Recreation Master Plan 2011 is, consistent with the City's General
Plan.
:viewed b
Cc
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2011 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR;
CALIFORNIA, FINDING THAT THE CITY'S DRAFT PARKS AND RECREATION
MASTER PLAN 2011 IS CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF
DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65400.
A. RECITALS
(i) WHEREAS, on April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California; and
(ii) WHEREAS, on July 25, 1995, the City of Diamond Bar adopted its General Plan
incorporating all State mandated elements, and portions of the General Plan have
been updated from time to time; and
(iii) WHEREAS, the Community Services Department has prepared a draft Parks and
Master Plan 2011 which provides direction. to continue the orderly and consistent
and administration of the parks and recreation
planning, acquisition, development
programming in the City; and
(iv) WHEREAS, Section 65400 of the Government Code of the State of California
to review recommendations that serve as an
requires the Planning Commission
effective guide for orderly growth and development,preservation and
conservation of open space land and natural resources for implementing the
City's General Plan; and
(v) WHEREAS, on May 10, 2011 at a regularly scheduled meeting, the Planning
Commission; reviewed and considered the draft Parks and Master Plan 2011,
and concluded said review prior to the adoption of this Resolution.
B. RESOLUTION
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR DOES HEREBY RESOLVE AS FOLLOWS:
1. The Planning Commission hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. Based upon the facts and evidence presented during the Planning Commission
meeting regarding the. proposed draft Parks and, Master Plan 2011, including oral
by City staff, the Planning Commission hereby
and documentary evidence provided
finds that the draft Parks and Master Plan 2011 is consistent with the adopted
General Plan of the City of Diamond Bar as follows:
(a) Land Use Element
Goal 1, Objective 1.4, Strategy 1.4.2: Promote jointdevelopment and use of
parks and open space facilities with adjacent jurisdictions; promote
development of joint school/park sites and public amenities.
Goal 1, Objective 1.4, Strategy 1.4.5: Pursue development of major joint use
recreation and meeting facilities as part of educational facility development.
o Goal 1., Objective 1.4, Strategy 1.4.6: Work with Tres Hermanos property
owner(s) to incorporate, where appropriate,. educational/cultural, recreational
and public services to include arterial highway access to future schools.
m . Goal 1, Objective 1.5, Strategy 1.5.5(x): Obtain Open Space land through
feasible acquisition and management techniques such as acquisition of land
for parks and natural area conservation through a process of entitlement
review and density transfer among land uses of like designation and
entitlements review.
® Goal 1, Objective 1.6, Strategy 1.6.1(d): PA -4 consists of 82 vacant acres
and is located west of Brea Canyon Road, north of Peaceful Hills Road and
south of South Pointe Middle School. Land use designations appropriate for
this planning area include Park (PK), Public Facilities (PF) and Open Space
(OS). The most sensitive portion of the site shall be retained in permanent
open space. The site plan shall incorporate the *planning and site preparation
to accommodate the development of Larkstone Park of a suitable size and
location to serve the neighborhood as approved by the City.
Resource Management Element
® Goal 1, Objective 1.1, Strategy 1.1.13: Develop a plan to provide a
mechanism for, and to pursue the preservation of designated open space.
Goal 1, Objective 1.3: Maintain a system of recreation facilities and open
space preservation which meets the active and passive recreational needs of
Diamond Bar residents of all ages.
® Goal 1, Objective 1.3, Strategy 1.3.1: As quickly as possible, complete a
Recreational Needs Analysis to determine the present and future recreation
and park needs and update this analysis at intervals of not more than 5 years.
® Goal 1, Objective 1.3; Strategy 1.3.2: As quickly as possible, complete and
adopt a comprehensive Master Plan of Parks which analyzes present and
future recreation, park and open space preservation needs.
® Goal 1, Objective 1.3, Strategy .1.3.5: Recreational Open. Space shall be .
preserved as recreational open space unless and until said recreational open
spaces are replaced with, equivalent open space properties and facilities.
Goal 1, Objective 1.3, Strategy. 1.3.7: Develop recreation facilities
emphasizing active and passive recreation areas. The development of a
community center, the acquisition of traditional neighborhood parkland
including community athletic fields. should be pursued.
2 _
Planning Commission Resolution No..2011-XX
Improve and enhance existing recreation areas.
Pursue joint public/private development of recreational facilities.
Develop and maintain a comprehensive inventory of recreation facilities
and update the facilities to ensure that the City's needs are being met;
9 Actively pursuelandacquisition for parks.
➢ Pursue acquisition of various hillside areas for natural parks..
Pursue development of an integrated trails system within the community.
® Goal 2, Objective 2.3, Strategy 2.3.2: Design and implement a Citywide
system of bikeways and pedestrian trails as non -pollutant circulation
alternatives.
i
Circulation Element
Goal 2, Objective 2. 1, Strategy 2.1.12: Explore the feasibility of
public hiking interconnected p g trails.
Public Services and Facilities Element
Goal 1, Objective 1.3, Strategy 1.3.2: Work closely with the Walnut Valley
and Pomona Unified School Districts on an ongoing basis to resolve issues
such as joint use of.facilities, location of new facilities, and alternative use of
vacant or unused sites.
a Goal 1, Objective 1.3, Strategy 1:3.3: Encourage joint development of
recreational facilities with the local school districts.
(b) The Planning Commission hereby finds that the draft Parks and Master. Plan
2011 is found to be statutorily exempt from the provisions of the California
Environmental Quality Act (CEQA), under Article 18,. Section 15262. (Feasibility
and Planning Studies) in that the plan is a type of feasibility and planning study
that does not legally bind the City to act on any of the. projects discussed in the
document, and does not provide funding for those projects. Since the draft. Parks
and Recreation Master Plan also includes .some detailed maintenance and ADA
j specifications, there are two Categorical Exemptions from the provisions of the
California Environmental Quality Act (CEQA), under Section 15301(d)
(Restoration or Rehabilitation of Existing Facilities) and Section 15302
(Replacement or Reconstruction of Existing Structures and Facilities).,
Based on the findings and conclusions set forth above, this Resolution shall serve as
`the Planning Commission's` report ,to the City Council regarding the draft Parks and
3
Planning Commission Resolution No.�2011-XX
I
Recreation Master Plan 2011 as required .by California Government Code Section
65400.
The Planning Commission shall
(a) Certify as to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City Council of the
City of Diamond Bar for use in its deliberations regarding the draft Parks and
Recreation Master Plan 2011.
APPROVED AND ADOPTED THIS 10th DAY OF MAY, 20111 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Jack Shah, Chairman
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the for
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
May, 2011, by the following vote:
AYES. Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
Attachment 2
(a)After the legislative body has adopted all or part of a general plan, the planning agency shall.
do both of the following:
(1)lnvestigate and make recommendations to the legislative body regarding reasonable and
practical means for implementing the general plan or element of the general plan, so that it will
serve as an effective guide for orderly growth and development, preservation and conservation
of open -space land and natural resources, and the efficient expenditure of public funds relating
to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning
and Research, and the Department of Housing and Community Development that includes all of
the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section
65584 and local efforts to remove governmental constraints to the maintenance, improvement,
and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be
prepared through the use of forms and definitions adopted by the Department of Housing and
Community Development pursuant to the rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Prior to
and after adoption of the,forms, the housing element portion of the annual report shall include a
section that describes the actions taken by the local government towards completion : of the
programs .and status of the local government's compliance with the deadlines in its housing
element. That report shall. be considered at an annual public meeting before the legislative body
where members of the public shall be allowed to provide oral testimony and written comments.
(C)The degree to which its approved general plan complies with the guidelines developed and
adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(b)lf a court finds,. upon a motion to that effect, that a city, county, or city and county failed to
submit, within 60 days of the deadline established in this section, the housing element portion, of
the report required pursuant to subparagraph (B) of paragraph (2) ,of subdivision (a) that
substantially complies with the requirements of this section, the court shall issue an order or
judgment compelling compliance with this section within 60 days. If the city, county, or city and
county fails to comply with the court's order within 60 days; the plaintiff or petitioner may move
otion, grant appropriate sanctions. The court shall
for sanctions, and the court may, upon that m
retain jurisdiction to ensure that its order or judgment is carried out. if the court determines that
its order or judgment is not carried out within 60 days, the court may issue further orders. as
s and policies of this section are fulfilled. This
provided by law to ensure that the purpose
subdivision applies to proceedings initiated on or after the first day of October following the.
adoption of forms and definitions by the Department of Housing and CommunityDevelopment
pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that
adoption.
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. 7.1
May '10, 2011
Conditional Use Permit No. PL2010-355
Public Right -of -Way on Diamond Bar Blvd. and
760 S. Diamond Bar Blvd (Los Angeles County
Assessor's Parcel Number 8701-006-905)
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
APPLICANT: Monica Moretta on behalf of T -Mobile
Sequoia Deployment Services
One Venture, Suite 200
Irvine, CA 92618
On April 12, 2011, the Commission continued the item to the April 26, 2011, meeting
and directed the applicant to provide screening around the ground -mounted equipment
associated with the wireless telecommunications antenna mounted on a streetlight pole.
Specifically, the- commission asked the applicant to provide samples of artificial
vegetation that could be used to screen the equipment.
On April 26, 2011, the item was continued to the May 10, 2011, meeting to allow the
applicant further time to submit a proposal that addresses -the Commission's concerns.
T -Mobile is proposing to install seven 5 -gallon Toyon (Heteromeles arbutifolias) shrubs
around the associated above -ground equipment in order to screen the equipment from
public view. To sustain the shrubs, a metered irrigation system is also proposed. The
Walnut Valley Water District is responsible to determine the exact location of the water
meter location. The original request for the installation of the micro -cellular antenna
mounted on a streetlight pole and the associated equipment remain as proposed.
The Toyon shrub is a common perennial shrub that is native to California. Toyon
typically grows four to eight feet in height and four to five feet -,wide, and thus serves as
a -good plant to screen the associated above -ground equipment. Toyon is a drought
tolerant, non-invasive species, and is compatible with the California native vegetation
that exists in the vicinity of the project site.
T -Mobile proposes to install live vegetation instead of artificial/faux vegetation because
it was found to be more cost effective to install live vegetation. It would cost
approximately $7,762 per faux shrub, of which several would be required to screen all of
the above -ground equipment. The installation of live vegetation would cost
approximately $15,000 with the installation of an irrigation system. T -Mobile will be
responsible for any associated costs for the installation and maintenance of the water
meter, irrigation system, and vegetation.
Toyon Shrubs
ft.
RHL Pedestals
Street Light Pole
Page 2 of 3
OASTIAFF REPORTS-PCNDIAMOND BAR BLVD 71160 - CUP- PL2010-39-5- MAY 102011- CONTINUED ITEM.Doc
RECOMMENDATION:
Staff recommends that the Planning commission adopt the attached Resolution
al Use Permit No. PL 2010-355, to allow the replacement of SCE
approving Condition
Streetlight Pole No. 422607E with a new 29'-6" street light pole with an attached micro -
cellular antenna, which measures up to 36 feet to the top of the GPS antenna and the
installation of seven 5 -gallon Toyon shrubs around the associated above ground -
mounted equipment to screen from public view, subject to conditions of approval as
listed within the draft resolution.
Prepared by: Reviewed by:
David Alvarez
Assistant Planner
Grace S. Lee
Senior Planner
Attachments:
1. Draft Resolution No. 2011 -XX and Conditions of Approval
2. PC Staff Report Dated April 12, 2011
3. Architectural and Landscape Plans
4. Photo Simulations
5. Landscape Installation Estimate
6. Propagation Maps tions Facilities and opportunities* Map
7. City's Telecommunica
Page 3 of 3
WSTAFF REPORTS-PC\D1AM0ND BAP, BLVD 760- CUP- PL 2010-355- MAY 10 2011- CONTINUED ITEIADOC
V
Staff recommends that the Planning Commission adopt the attached Resolution
approving Conditional Use Permit No. PL 2010-355, to allow the replacement of SCE
Streetlight Pole No. 422607E with a new 29'-6" street light pole with an attached micro --
cellular antenna, which measures up to 36 feet to the -top of the GFS antenna and the
installation of seven 5 -gallon Toyon shrubs around the associated above ground -
mounted equipment to screen from public view, subject to conditions of approval as
listed within the draft resolution.
Prepared by:
Di'v`[d,?*vare_z
Assistant Planner
Attachments:
Reviewed by:
Grace S. Lee
Senior Planner
1. Draft Resolution No. 201.1 -XX and Conditions of Approval
2. PC Staff Report Dated April 12, 2011
3. Architectural and Landscape Plans
4. Photo Simulations
5. Landscape Installation Estimate
6. Propagation Maps
7. City's Telecommunications Facilities and Opportunities Map
Page 3 of 3
OAST AFF REPORTS-PCOIANADND BAR BLVD 760- CUP- PL 2010-355. MAY 10 2011- CONTINUED ITENDOC
PLANNING COMMISSION
RESOLUTION NO. 2011 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. PL 2010-355, TO REMOVE AN EXISTING EDISON-OWNED STREET LIGHT
POLE AND REPLACE WITH A NEW 29'-6" HIGH STREET LIGHT POLE WITH
ATTACHED MICRO -CELLULAR ANTENNA, WHICH MEASURES UP TO
36 FEET TO THE TOP OF THE GPS ANTENNA ALONG WITH ASSOCIATED
EQUIPMENT. THE SUBJECT SITE IS LOCATED WITHIN THE PUBLIC RIGHTS-
OF-WAY ON DIAMOND BAR BOULEVARD AND ASSOCIATED EQUIPMENT IS
LOCATED ACROSS THE STREET IN THE PUBLIC RIGHTS-OF-WAY AND ON A
CITY -OWNED PARCEL AT 760 S. DIAMOND BAR BLVD (APN: 8701-006-905).
A. RECITALS
1. Applicant, T -Mobile, have filed an application for Conditional Use Permit
No. PL 2010-355 to remove an existing Edison -owned street light pole and
replace with a new 29-6" street light pole with a micro -cellular antenna, which
measures up to 36 feet to the top of the GPS antenna. The subject site is
located within the public rights-of-way on Diamond Bar Blvd. and the
associated equipment is located across the street in the public rights-of-way
and at 760 S—Diamond Bar Blvd, City of Diamond Bar, County of Los
Angeles, California. Hereinafter in this Resolution, the subject Conditional
Use Permit and Development Review shall collectively be referred to as the
"Project."
2. The subject property is located in the public rights-of-way on Diamond Bar
Blvd., and is also located on a parcel totaling 1,365,606 square feet (31.35
acres) at 760 S. Diamond Bar Boulevard. It is located in the Low Density
Residential (RL) zone with an underlying General Plan land use designation
of RL.
3. The legal description of the subject property is Tract 31479. The Assessor's
Parcel Number (APN) is 8701-006-905.
4. On April 1, 2011, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Dail
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 April 12, 2011, the Planning Commission continued the item to the
April 26, 2011, meeting.
6. On April 26, 2011, the Planning Commission. continued the item to the
May 10, 2011, meeting.
7. On May 10, 2011, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all
interested individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1 The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct;
2. The Planning Commission hereby determines the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to the provisions of Article 19, Section 15303 (new
construction of small structure) 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 22.58, this Planning Commission
herebyofinds, as follows:
Conditional Use Permit Findings (DBMC Section 22.58)
1 The proposed use is allowed within the subject zoning district with the
approval of a conditional use permit and complies with all other applicable
provisions of the -Municipal Code;
Pursuant to DBMC Section 22.08.030 Table 2-3, wireless telecommuni-
cations facilities are allowed in the ROW and RL zoning district. In addition,
micro -cellular antennas. attached to a street light pole comply with factors
considered in approving wireless telecommunications antenna facilities
pursuant to DBMC Section 22.42.130 (G.6.F.2).
2. The proposed use is consistent with the General Plan and any applicable
specific plan;
The General Plan land use designation is Low Density Residential (RL).. The
proposed use is consistent with the General Plan Land Use Goal 2, Strategy
2.2.1: "Require that new development be compatible with surrounding land
uses, "and Strategy 2.2.3: "Where land uses of significantly different intensity
2
CUP No. PL 2010-355
or use are planned adjacent to each other, ensure that individual site designs
and operations are managed in such a manner as to avoid the creation of
nuisances and hazards."
The proposed facility meets Strategy 2.2.1 since the structure is an
unmanned telecommunications facility camouflaged into a street light pole.
The proposed facility meets Strategy 2.2.3 because it will not create a new
source
ource of light and noise, and will generate a very minimal amount of traffic
by infrequent maintenance visits. The antennas will be affixed to the street
light in a cylindrical shroud (radome) painted to match the color of the street
light pole. In addition; the associated above ground equipment shall be
screened with live vegetation from public view. Therefore, the proposed
facility will have no adverse effects on the surrounding neighborhood.
The site is not subject to the provisions of any specific plan.
3. The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity;
An existing Edison -owned street light pole is to be removed and replaced
with a new 29'-6" street light pole with an attached micro -cellular antenna,
which measures up to 36 feet to the top of the GPS antenna in the public
rights-of-way along Diamond Bar Blvd. The associated ground equipments
will be located across the street in the public rights-of-way and on a City -
owned parcel and shall be screened with live vegetation. There are 10
existing cellular antennas of similar design located in the public rights-of-way
within the City.
The proposed facility is unmanned and is subject to routine maintenance. As
such, the operational characteristics are compatible with other public utility
and infrastructure facilities.
4. The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints;
The subject site is Physically suitable because the existing 29'-6" octagon6l
concrete street light pole is being replaced with a new similar 29'-6" round
concrete street light pole. The associated ground -mounted equipment will be
located in the adjacent City -owned parcel, which shall be screened by live
vegetation, and will not interfere with pedestrian access and is visually non -
obtrusive.
5. Granting the conditional use permit will not be detrimental to the public
interest, health, safety, convenience, and zoning district in which the property
is located; and
3 CUP No. PL 2010-355
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 ormaterial/y injurious to the
properties or improvements in the vicinity.
8. 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 (new construction of small structure) of the CEQA Guidelines.
Wireless Facilities (DBMC Section 22.42.130)
1. Environmental integration. To the extent which the proposed facility blends
into the surrounding environment and is architecturally integrated into a
concealing structure, taking into consideration alternative sites that are
available.
The project integrates the antennas onto a street light pole to blend in with
the existing street light poles within the vicinity. The proposed design for the
site is the least intrusive on the community values since it is within a radome,
installed onto a street light pole as prescribed by the General Plan and
Diamond Bar Development Code (DBDC) Section 22.42.130 (G. 6. F 2).
2. Screening: To the extent which the proposed facility is screened or
camouflaged by existing or proposed topography, vegetation, buildings or
other structures.
Camouflaging is provided by attaching the antenna to a street light. pole to
match the existing street .light poles. The associated equipment above
ground shall be screened from public view with live vegetation around the
equipment.
3. Size. The total size of the proposed facility, particularly in relation to
surrounding and supporting structures.
The proposed removal of an Edison -owned street light pole and replacement
with a similar street light pole with an attached micro -cellular antenna is
appropriate in size and scale to the context, setting and similar to existing
street light poles. The proposed associated equipments are conditioned to
be screened from public view with live vegetation around the equipment.
4
CUP No. PL 2010-355
4. Residential proximity. Proximity of the proposed facility to residential
structures and to the boundaries of residential districts.
The proposed wireless telecommunications facility is approximately 157 feet
from the nearest residences, and is located within the Low Density
Residential zone,
5. Access. Proposed ingress to and egress from the site of the proposed
facility.
Access to the proposed project is situated on Diamond Bar Boulevard north
of Tin Drive
6. Location. The location of the proposed facility and the extent to which it
conforms to the following in order of preferences — co -location or located at a
pre -approved location, attached to 'existing structure such as building,
communication tower, church steeple or utility pole or tower, and located in
industrial, business park or commercial zoning districts.
As previously mentioned, the proposed micro -cellular antenna will be affixed
to a street light pole and complies with factors considered in approving a
wireless telecommunications antenna pursuant to DBDC Section 22.42.130
(G. 6. F.2).
There is a coverage gap that extends along Diamond Bar Blvd between
Sycamore Canyon Park and Lorbeer M ' Middle School. Service to T -Mobile
customers is affected by this coverage gap, which is why T -Mobile has
proposed a cell site in the proposed location. By closing the existing
coverage gap, - the proposed telecommunications facility will improve
coverage to all existing and future T -Mobile customers. Maps comparing
coverage with and without the proposed cell site are provided in
Attachment 4.
D. CONDITIONS OF APPROVAL
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. All antennas, structural components and other apparatus attached to the
street light pole shall be painted and maintained to match the concrete pole
and shall be a noncorrosive nonmetallic finish that is conducive to reflection
or glare.
2. Live v . egetation shall be installed around the proposed associated ground -
mounted equipments to screen the equipment from public view, along with
an irrigation system.
5 CUP No. PL 2010-355
3. A final landscape and irrigation plan shall be submitted and approved by the
Community Developmeni Department prior to issuance of any City permits.
4. The applicant shall be responsible for any associated costs for the
installation and maintenance of the water meter, irrigation system, and
vegetation.
5. The project shall substantially conform to Title Sheet, Site Plan, Antenna and
Layout Plan, Elevations, Landscape Plan, and Details as submitted to,
amended herein, and approved by the Planning Commission.
6. Applicant shall comply with all Federal, State and City regulations.
7. To ensure compliance with all conditions of approval and applicable codes,
the Conditional Use Permit shall be subject to period review. If non-
compliance with conditions of approval occurs, the Planning Commission
may review the Conditional Use Permit. The Commission may revoke or
modify the Conditional Use Permit.
8. When an emergency generator is used on site, the noise level of the
generator shall comply with the City's noise standards in DBDC
Chapter 22.28.
9. Signs and advertising shall be prohibited on the antenna array.
10. No lighting shall be installed on the wireless antennas or associated
equipment.
11. The site shall be maintained in a condition free of trash, debris, refuse, and
undesirable vegetation. All graffiti must be removed within 24 hours. In the
event that the applicant does not remove all graffiti from the said structure,
the city will remove all graffiti and shall be reimbursed for all expenses.
12. In the event that the antenna becomes inoperable or ceases to be used for a
period of six consecutive months, the applicant shall remove the
telecommunications facility within 90 -days of notification by the City.
13. All cables and wiring for the telecommunications facility shall be
underground.
14. Prior to submitting for building plan check, submit detailed engineering
calculations for foundation and wind loads, plus documentation that the
electromagnetic fields (EMFs) from the proposed wireless
telecommunications antenna facility will be within the limits approved by the
FCC.
6
CUP No. PL 2010-355
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: RLS, Attention: Monica Moretta, Sequoia Deployment Services, One
Venture, Suite 200, Irvine, CA 92618; and Linda Paul, T -Mobile, 3257 E.
Guasti Road, Suite 200, Ontario, CA 91761.
APPROVED AND ADOPTED THIS 10th DAY OF MAY 2011, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
M.
Jack Shah, Chairman
1, Greg Gubman, Plan . ning 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 May 2011, by the following vote:
AYES: Commissioners;
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
ATTEST:
Greg Gubman, AICP
Community Development Director
CUP No, PL 2010-355
COMMUNITY DEVEI-OPMEN!
DEPARTMENT
AA�
SUBJECT: Remove an existing Edison -owned street light pole and
replace with a similar street light pole with an attached
micro -cellular. antenna.
• Public ROW •' Diamond Bar Blvd. • 760
Bar
• -Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
i
A. GENERAL REQUIREMENTS
1 In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul,, the approval of Conditional Use Permit No. PL 2010-355
brought within . the time period provided by Government Code
Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action:
(a) Applicant shall provide a'defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the
City defendants. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
8
CUP No. PL 2010-355
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Conditional Use Permit No. PL 2010-355, 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 the Planning Commission' Resolution No. 2011 -XX,
Standard Conditions, and all environmental mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall 'be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, and elevation plans shall be coordinated for consistency
prior to issuance of City permits (such as grading, tree removal,
encroachment, building, etc.,) or approved use has commenced, whichever
comes first.
10. Applicant shall remove the public hearing notice board within three days of
this project's approval..
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. PEES/DEPOSITS
9 CUP No, PL 2010-355
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes f * irst), as required by the City. School fees as
required shall 66 paid 01aF4'c'the6',ssuance of building permit. In addition, the
applicant shall pay all remaining prorated City p I rqject review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Conditional Use Permit No. PL 2010-355 shall expire within
two years from the date of approval if the use has not been exercised as
defined in accordance to Municipal Code Section 22.66.050 (b)(1). The
applicant may request in writing a one year time extension subject to
Municipal Code Section 22.60.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
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, collectively labeled and referenced
herein as Exhibit "A" including: site plans, floor plans, architectural
elevations, and landscape plans on file in the Planning 'Division, 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 structures, including walls, shall be maintained in a structurally sound,
safe manner with a clean, orderly appearance. All graffiti shall be removed
within 24 hours by the property owner/occupant.
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
10
CUP No. PL 2010-355
contractor used has obtained ' permits from the City. of Diamond Bar to
provide such services.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. An Erosion Control Plan shall be submitted concurrently with the gralding
a
plan clearly detailing erosion control measures. These measures ll 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.
2. 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.
B. SOILS REPORTIGRADING/RETAINING WALLS
1. All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment area will not be permitted
within the public rights-of-way.
C. OFF-SITE STREET IMPROVEMENTS
1. All work within the public rights-of-way will require a separate permit from the
Public Work's Department. All applicable fees shall be paid. Additional permit
conditions'may be imposed upon submittal of permit application.
2. A traffic control plan, signed and stamped by a registered engineer in the
state of California, shall be submitted concurrently with the permit
application.
3. All work within the public rights-of-way shall maintain Americans with
Disabilities Act (ADA) compliance.
APPLICANT SHALL CONTACT THE UILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH TBHE 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
11 CUP No. PL 2010-355
the California Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. The minimum design load for wind in this area is 95 M.P.H. exposures "C"
and the site is within seismic zone four (4). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
3. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Al * I lighting shall be high efficacy or
equivalent per the current California Energy Code.
4. Shoring shall be maintained for any open trenches in conformance to OSHA
standards.
5. Protection of trenches shall be maintained at all times.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS::
Emergency access shall be provided, maintaining free and clear, a minimum
28 foot at all times during construction in accordance with Fire' Department
requirements.
2. Prior to the issuance of, any building permits for combustible construction,
evidence shall be submitted to the Fire Department that temporary water
supply for fire protection is available pending completion of the required fire
protection system.
3. All required fire hydrants shall be installed and tested and accepted prior to
construction. Vehicular access * must be provided and maintained
serviceable throughout construction.
—AZIN
12
CUP No. PL 2010-355
Attachment 2
crrr
PLANNING -OMMISS,ION
A.- C
AGENDA REPORT
CITY OF DIAMOND BAR - 2-1825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL, (909) 839-7030 - FAX (909) 861-3117
MEETING DATE:
CASE/FILE NUMBER:
PROJECT LOCATION:
7.3
April 12, 2011
Conditional Use Permit No. PL 2010-355
Public Right -of -Way on Diamond Bar Blvd. and
760 S. Diamond Bar Blvd -(Los Angeles County
Assessor's Parcel Number 8701-006-905)
PROPERTY OWNER: City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
APPLICANT: Monica Moretta on behalf of T -Mobile
Sequoia Deployment Services
One Venture, Suite 200
Irvine, CA 92618
Summary
T -Mobile is requesting approval of a Conditional , Use Permit (�P)to replace an
existing Edison -owned street light. pole with a new street Jig,Cpole
e designed to
accommodate an -attached micro -cellular antenna. The pole is . . the public
right-of-way (ROW) on the east side of Diamond Bar Blvd—th second pole rth of Tin
Drive—and is designated by Southern California Edison (SCE) as a street light pole No.
422607E. Associated equipment is also proposed, which includes two ventilation
stacks, two pedestals, and two underground vaults located on an adjacent City -owned
parcel, and an electrical meter pedestal located across the street in the ROW.
On August 17, 2010, the City Council approved a licensing agreement to allow T -Mobile
to install, maintain and operate a wireless telecommunications facility at this location for
$1,500.00 per month, contingent upon Planning Commission approval of a CUP.
After evaluating the application, staff finds that the CUP complies with the City's
development standards and meets the. findings required of the project. Therefore, staff
recommends that the Planning Commission approve CUP No. PL 2010-355, subject to
the conditions of approval contained in the attached resolution.
JZf�M!L,4,
The proposed street light polo is located within the public right-of-way along the east
side of Diamond Bar Blvd, north of Tin Drive. The associated equipment is located at
760 S. Diamond Bar Blvd, a City -owned parcel as, well as on the west side of Diamond
-Bar Blvd. in the public right-of-way. The subject site is zoned Low Density Residential
(RL) with a consistent underlying General Plan land use designation of RL. ,
The following cellular antennas located in the public right-of-way have been approved
by the City:
PW Encroachment Telephone Pole 3000 Block of Brea Canyon Rd AT&T
Permit No. 02-2649
PP 2006-49 and
Edison Street Light Pole
900 Block of Golden Springs
T -Mobile
PW Encroachment
between High Knob and Sunset
Permit
Crossing
PP 2007-55
Street Light Pole
Corner of Sylvan Glen and Sea
Royal Street
Green
Communications
PP 2008-38
Utility Pole
Corner of Diamond Bar Blvd and
NextG; Networks
Pathfinder Rd
PP 2008-39
Utility Pole
2100 Block of Diamond Bar Blvd
NextG Networks
south of Kiowa Crest Dr
PP 2008-40
Utility Pole
1600 Block of Diamond Bar Blvd
NextG Networks
north of Mountain Laurel Way
PP 2008-41
Street Light Pole
800 Block of Diamond Bar Blvd
NextG Networks
south of Tin Dr
PP 2008-42
Street Light Pole
1100 Block of Grand Ave north of
NextG Networks
Diamond Bar Blvd
PP 2008-43
Edison Street Light Pole
2400 Block of Grand Ave across
NextG Networks
Rolling Knoll
PP 2008-44
Utility Pole
Corner of Diamond Bar Blvd and
NextG Networks
Golden Springs Dr
All of the above installations were approved during the time when the prevailing case
law determined that cities and counties could not require CUPs for telecommunications
facilities within ROWs. On October 14, 2009, the Ninth U.S. Circuit Court of Appeals
decided that the California Public Utilities Code does not prohibit cities and counties.
from regulating the aesthetics of cell sites proposed within the ROWs'. As a result, this
and future requests to locate wireless telecommunications facilities in Diamond Bar's
ROWs will be subject to Planning Commission approval through a CUP process.
1) Sprint PCS Assets LLC vs. City of Palos Verdes Estates (583.F.3d 716(2009))
Page 2 of 8
0ASTAFF REPORTS-PCOAMOND BAR BLVD 760- CUP- PL 2010 -355 -APRIL t2 11.DOC
Proiect Description
The proposed wireless telecommunications facility, or "cell site," consists of the
following components:
Removal of an existing 29'-6" octagonal concrete Edison -owned street light pole and
replacement with a new 29'-6" round concrete street light pole with an attached
micro -cellular antenna, which measures up to 36 feet to the top of the GPS antenna.
Edison replacement street light poles that accommodate micro -cellular antennas are
only manufactured in round shape. However the pole will be similar in color, texture,
and material with the existing poles.
Installation of micro -cellular antenna mounted to the top of the street light pole. Two
panels will. be concealed within a 66" high cylindrical shroud (radome), painted to
match the concrete street light pole located in the ROW;
Installation of two 34" high above ground ventilation stacks located on the adjacent
city -owned parcel;
Installation of one 36" high and one 50"' high above ground pedestals (enclosure for
wiring) located on the adjacent city -owned parcel;
Installation of a 48' high electrical meter pedestal located across the street in the
public rights-of-way; and
Two underground vaulted equipment radio cabinets located on an adjacent City -
owned parcel.
Staff reviewed the proposal with the City's Community Services Department. The
associated equipment placed above ground is low -scale and relatively benign in
appearance; therefore, staff does not believe that landscape screening of the pedestals
and vent stacks is warranted for this project. In addition, there are no existing irrigation
lines on the City -owned parcel. However, all associated equipment above ground is
conditioned to be painted dark green to blend in with the surrounding vegetation.
Page 3 of 8
OASTAFF REPORTS-PCOAMOND BAR BLVD 760- CUP- PL2010-355-AFRIL 12 1 1.DOC
Two Vents
RM Pedestal
RBL Pedestal
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Page 4 of 8
0:%S-IAFF REPORTS-PC\DIAI,40ND BAR BLVD 760 -CUP- PL 2010 -355 -APRIL 12 11.130C
conducted. The Commission also has the opportunity to remedy aesthetic impacts that
the existing improvements may be imposing on the community.
Coverage Features
There is -a coverage -gap that. extends along--Diamond--Bar.--Blvd- between -.Sycamore -
Canyon Park and Lorbeer Middle School. Service to T -Mobile customers is affected by
this coverage gap, -which is why T -Mobile has proposed a cell site in the proposed
location. By closing the existing coverage gap, the proposed telecommunications facility
will improve coverage to all existing and future T -Mobile customers. Maps comparing
coverage with and without the proposed cell site are provided in Attachment 4.
Facility Operational Characteristics
The proposed wireless telecommunications facility is unmanned and operates 24 hours
a day, seven days a week, with routinemaintenance visits.
FCC Guidelines
FCC documentation is required for this project and is a condition of approval. These
types of telecommunications facility projects are generally categorically exempt from the
California Environmental Quality. Act (CEQA) because the FCC licensing process
already incorporated an environmental finding for all telecommunications facilities to be
developed under the wireless provider's FCC license.
The Federal Telecommunications Act of 1996 forbids local governments from denying
or regulating wireless telecommunications facilities on -the basis of health concerns.
The Federal Communications Commission (FCC) licenses and regulates wireless
telecommunications facilities, and establishes safety thresholds for radio frequency (RF)
emissions. Because wireless telecommunications facilities are regulated by the FCC,
local agencies are preempted considering perceived health effects in land use decisions
for such facilities.
The proposed project complies with the goals and objectives as set forth in the adopted
General Plan in terms of land use. The project will not negatively affect the existing
surrounding land uses, and the design and appearance of the proposed structure is
compatible with the surrounding area for the following reasons:
The new pole will be similar in color, texture and material with existing street light
poles;
The proposed antenna will have a minimal visual impact since it will be
concealed inside a radome and painted to match the street light pole;
a The proposed antenna will be approximately 157 feet away from the nearest
Page 6 of 8
O:NSTAFF REPORTS-PCOAMOND BAR BLVD 760- CUP- PL 2010.355 -APRIL 12 11. Doc
residences; and
There are ten existing micro -cellular antennas of similar design located in the
public rights-of-way within the City, which are visually benign (See Attachment 5:
Updated City's Telecommunications Facilities and Opportunities Map for location
of cell sites).
Based on all of -the factors listed above, the proposed facility is an appropriate solution
to allow T -Mobile to install a micro -cellular antenna in the public Rights -of -Way and
associated equipment on a City -owned parcel.
The Public Works Department and Building and Safety Division reviewed this project
and includedtheircomments in the attached resolution as conditions of approval.
On April 1, 2011, public hearing notices were mailed to property owners within a 500 -
foot radius of the project site and the notice was published in the Inland Valley Daily
Tribune and San Gabriel Valley Tribune 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.
Public Comments Received
At the time the staff report was published, staff -had not received any comments from the
public.
This project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article
19 Section 15303 (New Construction of Small Structure) of the CEQA Guidelines. No
further environmental review is required.
Staff recommends that the Planning Commission adopt the attached Resolution
approving Conditional Use Permit No. PL 2010-355, to allow the replacement of SCE
Streetlight Pole No. 422607E with a new 29'-6" street light pole with an attached micro -
cellular antenna, which, measures up to 36 feet to the top of the GPS antenna and
associated equipment, based on the findings of DBMC'Section 22.58, subject to
conditions of approval as listed within the draft resolution. -
Page 7 of 8
OASTAFF REPORTS-PCOIAIVIOND BAR BLVD 760- CUP- PL 2010 -355 -APRIL 12 1 1,130C
Prepared by: Reviewed by:
David varez Grace S. Lee
Assistant Plan r Senior Planner
Attachments:
1. Draft Resolution No. 2011 -XX and Conditions of Approval
2. Architectural Plans
3. Photo Simulations
4. Propagation Maps
5. City's Telecommunications Facilities and Opportunities Map
Page 8 of 8
WSTAFF REPORTS-PCOIAMOND BAR BLVD 760 -CUP- PI -2010-355- APRIL 12 11.DOD
SITE NUMBER: IE25952A
SITE NAME: DIAMOND BAR TIN LIGHT POLE
SITE TYPE: R.O.W. ANTENNAS INSTALLATION
CITY:
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LOS ANGELES
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ABBREVIATIONS,
SYMBOLOGY AND
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POLE #422607E
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1-12.5" CIA. z 34' TALL VENTILLATION STACKS. - - STAMP:
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T•MOBILE CONTRACTORTO PLACE
STREET LIGHT POLE FOUNDATION '' 1-18'00'.50" RLN PEDESTAL
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Kay_ J. Greeley. ASLA
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S9ni Valley, Calt(amia 93065
(805)-577-8432
(406) 258-0398 laa
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S.— Ok Ranch Design Ina
Kay J. Greeley. ASLA
Landscape Arahiteat 4035
284Valley Cate Raad -'
V.1 Valley, Califamia 93065 -
(805) 577-8432
(406) 258-0398 f -
T -MOBILE
VAULTINST—TION
760 DIAMOND BAR BOULEVARD -
DIAMOND BAR, CA 91765
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Attachment
7��r '
S°v"'°�"°k^va^~~~~~~~�m.'^^~-
Vhono(8u5)jrpJ492
204va8ey Gate �Rqud°Simi Va8ey,Cufiformia9306I '
April 15'2O11
Mc Peu|Smno\orak
Project Manager
Cable Engineering Services
1OU4OSepulveda Boulevard, Suite 1
Mission Hills, California 91345
IE25952- Landscape Installation Estimate
Dear Mr. SmukamN.
Yourequested that \ develop apreliminary landscape installation estimate for Project
|E25Q|,tobelocated ot70ODiamond Bar Boulevard, Diamond Bar, California. You
requested that I consider two options for the irrigation point of connection. The first
oo�onvvou\drequire that arnai| line beextended honnopoint ofconnection vvithinthe
existing
east side ofDiamond Bar Boulevard. The second option would require that a main line
be extended from the intersection of Diamond Bar Boulevard and Crestview [}rive.
trenched behind the sidewalk northerly totheequipment location.
Given that full details are not available otthis time, the following eetirnotmo are quite
pre\inninary, yet should provide an adequate tool for project avo|uot\on.
The planU"^`|'� ncaUoforthe inete|�tonofeleven M1\/fobenonx�eoadbubhz0a.The
x �p�— pare the site. purchase,install and mulch the plants would be approximately
$OOO.
This oot�nud|�e�apointofconneot�nvv�hinthee�ebngcen�ernn�dianan4?gquines
-��
boring
ban�othth� street. The estimated cost is as follows: ~`
p $2OO.O0-Placement ofmainline connection within median
w �3/5OO-BohngbeneethD\arnondBou|evardtuequipn�ent|ooaton
� ~-
" $1'000- Parts and labor for installation ofirrigation equipment
w $300- Plan revisions, including traffic control plan
a $5,000 - Total estimated cost for Option 1 4- t 10poo -C-or riaw wac+er -Ne-t-e-r
Irrigation - Option
This ooUonu�|�eaopoint ofconnenUonolthe intersection nfOiannondBar BnNevapd
and(�' otvkyvvDrive and requires trenching toextend emainline iothe equipment
location. This option would require installation of water meter. The estimated cost is as
MR. PAUL SMOLARSKI
04/15/11
PAGE 2OF2
$200.00 — Placement of mainline connection at intersection of Diamond Bar
Boulevard and Crestview Drive
® $8,000 — Trenching to equipment location
® $5,500 — Parts and labor for installation of irrigation equipment
® $300 — Plan revisions, including traffic control plan
® $10,000 — Minimum cost to install new water meter
® $24,000 — Total estimated cost
Please do not hesitate to contact me should you have any questions or are in need of
additional service.
Sincerely,
trl V R
KAY J. GREELEY
04/18/2011
Contact: Monica Moretta Job Number: IE25952A
Company: Sequoia Deployment Services, Inc. Job Name: Diamond Bar Tin Light Pole
Address: One Venture, Suite 200 Job Site: 760 Diamond Bar Blvd.
Irvine CA 92618 Diamond Bar, CA 91765
Proposal (Reference #: 13386) Revision: 1
........... ..... ..... ........_............................... _.....,.............__................... ....... ........_...... ......... ...... ....._.........._-._....__.............__................................_........._.............._.........._.. _.....I .......
Product Description:
[3] Faux shrubs to cover vent stacks - Dimensions as follows:
Each shrub approx. 5' high x 3' diameter _
Shrubs to be covered in either ficus or broadleaf foliage
This quote is for bugetary purposes only.
Notes:
Includes: Excludes:
Items listed in product description Antenna mounting hardware
Shipping Antennas
Any other items not in includes
Existing structure modifications
Installation of materials
Sales Tax
Structural calculations/PE stamped drawings
Delivery - Engineering: 5-10 Business days upon receipt of NTP
Delivery - Project: Call for estimated lead time
Requirements to Begin Project:
NTP/Signed Proposal/PO
8885 Rio San Diego Drive, Suite 207 • San Diego, CA 92108 • Tel: 619.243.2750 ^ Fax: 619.243.2749 • www.RFTransparent.com
Technology Without Intrusion
Page 1 of 3
I
SOLAR COMMUNICATIONS
INTERNA'T'IONAL
04/18/2011
Contact: Monica Moretta Job Number: IE25952A
Company: Sequoia Deployment Services, Inc. Job Name: Diamond Bar Tin Light Pole
Address: One Venture, Suite 200 Job Site: 760 Diamond Bar Blvd.
Irvine CA 92618 Diamond Bar, CA 91765
Proposal (Reference #: 13386 ) Revision: 1
.... . . ..... . ........ .. ........... .... ... . ..... ........... . .. ............. . ..... .. . . . ..... .......... .... . . .... ......... I .. .......... ....... .... . .. .............. . . . ....... ..... .. ... .. ......
Job Costs:
RFTransparent Product: $6,912.00
Shipping: $850.00
Total: $7,762.00
Notice to Proceed: Please indicate acceptance of this proposal by signing below and faxing the signed copy to SCI's corporate
office at 619.243.2749. Authorization signature indicates that the buyer accepts SCI's standard terms and
conditions as well as those indicated within this proposal. SCI will commence work upon receipt of a purchase
order. QUOTES ARE VALID FOR 30 DAYS.
Accepted By:
8885 Rio San Diego Drive, Suite 207 • San Diego, CA 92108 • Tel: 619.243.2750 • Fax: 619.243.2749 - www.RFTransparent.com
Technology Without Intrusion 0
Page 2 of 3
SOLAR COMMUNICATIONS
INT[1:NA1'I0NAL
TERMS AND CONDITIONS
Acceptance of the Products:
Buyer shall have accepted the Products upon recelpt, unless SCI is notified in writing of any non -conforming goods within fifteen
(15) days of Buyer's receipt of the Products.
No order may be cancelled or modified without the written consent of both parties. Any order canceled atter work is performed by
Cancellation; Modification:
SCI will have a cancellation charge determined by SCI, which includes costs for any work done prior to cancellation with reasonable
Change Orders:
profit thereon.
If Buyer desires modifications subsequent to the final engineering drawings, SCI reserves the right to increase the invoice price to
the change order. Any such increases will be charged at SCI's
reasonably compensate SCI for the labor and costs associated with
standard rates as are then in effect and will be deemed part of Buyer's purchase order.
Default:
If Buyer becomes delinquent in payment obligations or other credit or financial requirements established by SCI, SCI shall have the
following fights and remedies, in addition to any other rights and remedies available to SCI at law or in equity, (i) SCI may declare
and accelerate any and all principal sums then outstanding, including all accrued interest thereon, immediately due and payable,
notwithstanding any credit terms previously in effect (which credit terms are qualified hereby), and (ii) SCI reserves the right to
terms or require cash -in -advance payment terms from Buyer. Should
change the credit terms at any time and also to extend credit
Buyer become delinquent in the payment of any sum due to SCI, SCI shall be immediately relieved of any obligation to continue
fees incurred by SCI (including reasonable attomeys' fees
performance under this Agreement Buyer agrees to pay all costs and
by SCI in which SCI is the prevailing party) in any action, arbitration and/or collection proceeding
and costs incurred or accrued
brought by SCI relating to this Agreement.
Proposal prices do not include shipping costs or offloading at destination site. Materials will be shipped via local ground carrier and
Delivery.
shipping costs will be pre -paid by SCI and invoiced to Buyer. Buyer may specify different shipping instructions, subject to
agreement by SCI, and Buyer shall be responsible for all additional costs associated therewith. The proposal packagesr
Products all
standard ground domestic shipments. If special packaging is necessary, additional charges may appy.oducare
SCI's location in San Diego, California (or such other SCI warehouse
risk of loss shall pass to Buyer) F.O.B. origin freight, at
location, as may be designated by SCI).
Project orders over $100,000 require a 25% deposit before SCI will commence work. Subject to credit approval of Buyer, payment
Deposit; Terms:
terms are "net 30 days after invoicing" and SCI will invoice Buyer on the shipment date unless otherwise provided in the proposal.
interest the lesser of 18% per year or the maximum allowed by
Balances remaining unpaid 30 days after invoicing will accrue at
Force Majeure:
applicable state law.
SCI shall not be liable for any delay in performance hereunder due to unforeseen circumstances or due to any cause beyond its
labor disputes, supply, materials or
control, Including, but not limited to, any acts of God, acts of government, acts of terror, war,
energy shortages or delays.
SCI SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO BUYER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES
LIMITATION OF LIABILITY:
ARISING OUT OF OR RELATED TO THE SALE OR INSTALLATION OF PRODUCTS, INCLUDING, BUT NOT LIMITED TO,
BUSINESS INTERRUPTION OR DELAY LOSSES, LOSS OF USE OF THE PRODUCTS, COMMERCIAL LOSSES, s
PROFITS RESULTING FROM THE USE OF PRODUCTS OR DELAY IN ITS
INCONVENIENCE, OR LOSS OF ANTICIPATORY
DELIVERY, EVEN IF BUYER IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. IN NO EVENT SHALL
SCI's LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) TO BUYER ARISING
SALES EXCEED THE PURCHASE PRICE OF SUCH PRODUCTS
OUT OF OR RELATING TO THIS AGREEMENT OR PRODUCT
Limited Warranty, Disclaimer.
SOLD
All Products are warranted to be free of defects in material and workmanship for period of one (1) year from shipment date, in
with SCI's standard written Limited Warranty delivered with the Products. SCI will have sixty (60) days after its actual
accordance
receipt of a written notice from Buyer specifying a warranty claim in order to review a claim and confirm applicability of warranty.
IS EXCLUSIVE OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
SCI'S WRITTEN LIMITED WARRANTY
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF
WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
This Agreement constitutes the entire agreement between the parties w th respect to the subject matter hereof and supersedes all
Miscellaneous:
prior agreements or understandings. This Agreement is made and entered into, and is to be performed In, San Diego, California,
State California (without resort to conflicts of law provisions). This
and shall be construed in accordance with the laws of the of
Agreement shall inure to the benefit of, and be binding on, the parties hereto, their respective successors and permitted assigns.
This Agreement may not be assigned without the prior written consent of SCI (which consent may be withheld by SCI in its
of the obligations of Buyer hereunder shall be effective unless and until
reasonable discretion). No consent or waiver of any
reduced to a writing and signed by an authorized representative of SCI. Any controversy or claim arising out of or relating to this
Agreement shall be settled by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American
Arbitration Association (and Calilomia Code of Civil Procedure Section 1283.05, incorporated herein by reference). Any notice
required under this Agreement shall be in writing and sent by certified or registered mall; if to SCI, then SCI's address set forth on
the and if to Buyer, at the address set forth on the credit application or otherwise provided to SCI In accordance
attached proposal;
with the foregoing terms of this provision. Notice hereunder shall be deemed to be given three (3) days following deposit with the
United States Postal Service, certified or registered mail, as provided herein.
All are subject to re -quote until accepted in writing by buyer and credit approved. The proposal, together with these
Offer, Acceptance; Governing Terms:
proposals
terms and conditions of sale, constitute an offer by Solar Communication International, Inc. ("SCI") to you, the credit applicant and
described the attached proposal ("Products"). The offer of SCI to Buyer to
purchaser ("Buyer"), to purchase the SCI products as on
the Products expressly limits Buyer's acceptance to these terms and conditions. Buyer's written acceptance will
purchase
constitute a purchase order to SCI in accordance with the proposal and these terms and conditions of sale (collectively, this
Postponed Delivery:
"Agreement").
If Buyer places order "on hold" for period greater than thirty (30) days, SCI will invoice Buyer for work completed as of the date the
is "on hold". Likewise, if Buyer postpones the delivery date more than sixty (60) days despite SCI's substantial completion
"net
order put 60 days
of an order, SCI will invoice Buyer as of the original shipment date. Buyer agrees to comply with payment terms of
after invoicing", unless otherwise agreed in writing by the parties.
Proprietary Rights:
SCI retains all underlying intellectual property rights in and to its Products. SCI's plans and designs may not be reproduced,
disclosed and/or used without the prior written consent of SCI. All drawings, calculations, and design elements provided by SCI to
Buyer are considered SCI's proprietary information for use only in conjunction with this Agreement. Buyer agrees to hold all such
SCI drawings without SCI's prior written consent is expressly prohibited.
information in confidence. Reproduction of any supplied
Custom fabricated products are not subject to return or re -sale. Any stock or non -customized materials that are returnable to SCI
Returns:
will be subject to a re -stocking fee equal to 20% of the contract price or $500.00, whichever is greater.
Suppliers and Subcontractors:
SCI reserves the right to select SCI preferred suppliers and subcontractors, provided SCI will remain primarily obligated to Buyer
under this Agreement.
8885 Rio San Diego Drive, Suite 207 • San Diego, CA 92108 ^ Tel: 619.243.2750 ^ Fax: 619.243.2749 • www.RFTransparent.com
Technology Without Intrusion
Page 3 of 3
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LANNING COMMISSION
AGEN DA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NO.
MEETING DATE:
CASE/FILE NUMBER:
PROJECT LOCATION:
7.2
May 10, 2011
Conditional Use Permit No. PL 2011-058
782-784 Pinefalls Avenue (Los Angeles County
Assessor's Parcel Number 8760-027-003)
Ronald E. Albrecht
Sterling Capital
8502 E. Chapman, #184
Orange, CA 92369
APPLICANT: Manikku Malraj
Ranmal Educational Services
801 Brea Canyon Road
Diamond Bar, CA 91789
The Commission continue . d this matter from the April 26, 2011, meeting after it
discovered that the applicant understated the proposed enrollment in the business plan
submitted to staff. Staffs parking demand analysis determined. that the proposed facility
cannot accommodate more than. 10 students at any one time, due to the limited amount
of available off-street parking. Despite this information, the applicant stated that he
would still like to have three sessions with ten students in each session, totaling 30
students with three instructors at any one time.
During the. -staff survey of the site, the highest number of spaces occupied during a one
week period was ten spaces 'for the current uses on-site. With 30 parking spaces
provided on-site', there . are 20 vacant parking spaces available during peak business
hours. Therefore, the existing parking supply cannot accommodate the applicant's
proposal. With 30 students and three instructors, 63 spaces are required to
accommodate the parking for three instructors,, pick-up of 30 students and drop-off of 30
students during the start and end of each session.
Number of Spaces Utilized (Out of 30 Available)
The site is currently occupied by North Point Print Shop and Wayne's Auto which
require seven parking spaces per the Development Code. Furthermore, there is one
additional vacant unit available for lease, which will further increase parking demand..
Due to the high demand for parking that the proposed tutoring center would generate,
and lack of available spaces on-site, staff cannot support the intensity of the operational
characteristics of the proposed tutoring center at this location. The proposed tutoring
center would create a negative impact to the parking and circulation in the area.
Staff recommends that the Planning Commission continue the item to the May 24, 2011.
meeting to allow staff to prepare a Resolution denying Conditional Use Permit No. PL
2011-058 for a 3,835 sq. ft. tutoring. center, based on the findings of DBMC Section
22.58.
Prepared by:
or. I a I arc]
Reviewed by:
Grace S. Lee
Senior Planner
I Planning Commission Staff Report Dated April 26, 2011
2 Site Plan and Floor Plan
3 Business Description
4 Letter from Business Owner Dated May 6, 2011
Conditional Use Permit No. PL 2011-058
Attachment 1
ANALYStS
Review Authority (Diamond Bar Municipal Code (DBMC) Section 22.58
Planning Commission approval of a Conditional Use Permit is required` for the
establishment of a new tutoring center.
Conditional Use. Permit.. .
A Conditional'Use Permit (CUP) is required for uses whose effect orr the, surrounding
area cannot be. determined beforebeing analyzed for suitability at a particular-locatiom
The I (Light Industrial) zone requires approval of a CUP for schools offering specialised
education and training.
When rmAewirig- a CUP;' consideratioh Is given to` the location,` design, configuration,
operational characteristics and potential impacts to determine whether `or not the
proposed use- will pose a -.detriment to the public health,safety and welfare:; if it sari be :-
found that the proposed use is likely to be compatible with its surroundings, the
Commission may approve the proposed use subject to conditions. stipulating' the--
manner
hemanner in :which the use must be conducted. if the Commission finds that the proposed
use is likely to be detrimental to the public health,, safetyx..and gerTeral:Welfare, therTI. it
must deny the request,
When a'CORAS approved, -ft runs with the landand`all.conditions placed ori the CUP are,
binding .on all successors- in interest: In other words, if the owners of the;'proposed
Conditional.UseRermit'No.. PL.2011-058
required for the proposed tutoring business... The total number of spaces. required. has, a
mathematical deficiency of 4 spaces.
Number of Spaces Required
.780 Pinefalls 1Nayne'S Auto 8:00 a.m. to 8:00 p.m. 2
782 Pinefalls- Proposed 8:90a:m. to 600;p.m. 25
784 Pinefalls Tutoring Center
786 Pinefalls Warehouse Vacant 2
788. Pinefalls North Point Printing 8:00 a.m. to 8:00 p.m.. 5
Shop
Tota! 34
The proposed business hours are 8:00 a.m. to 6:00 p.m. Monday through Friday, and
closed Saturdays: and Sundays:. The, business hours for the other two businesses are.
from 8:00' a.m.: to 8:00 P •m Monda `throe h Sunday The business Boers ofthe'
tutoring.. center and, the other.: businesses. overlap on. Monday :through. Friday .between
8:00 a.m. and 6:00.p;m.
One 'of'the purposes of tile! onditionaC=`Ctse Permitprocess is. to- consfder, poteritfal:
impacts the proposed use may have on parking on the- property.:` When reviewing
parking impacts br properties with shared uses, the various uses and business hours
for those 'uses are taken irita consideratiorr Dia bnd Ba,r . Munick aF Code
Section. 22.30:050, states that when."two or more nonresidentiakuses are developed as;:
a,recogrized:.she pping� or..prof'essional, center .and,AwoL or; more, uses.4have:.•:.distirict and.,
different peak parking, usage periods,.(e.g. a theater and a.bank), parking. spaces may
be allowed. through- the:: approval: of a,, perking:. permit] provided., that the.. most remote
spaces is. located within 300 feet of the use it is intended to: serve... A shared parking
analysis. may .b.e required.. by the director. to.. support: a request: for .a..parking.. reduction.,
Staff :surveyed the. site.. during- various. ho.urs of the.. day -.that the proposed.,tuto ing: center
and .the other, two tenants would be in use.. This. is a conservative approach to
analyzing, the parking Imbacts because-:iG is not clear wl ether there is' reciprocal-"parkinn >
among the. parcels in the industrial park. Staff has not been able to verify this because
the industrCal parkwas developed prior to the incorporation of the City,.. under. Los:
Angeles County standards
Gor dittonal-, Ug(:: Permit No:PL 2011. 05'8
Prepared by: Reviewed by:
Gond►ticina(.Use`Permit No. P.L 2011=055
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Attachment.3
TUtoflngBu§1n . ess':Desbliption
Our usiness isto,tutor,thp�Tiind't:6f,,tomorroW
future. Stafistics'show'23at.testscores'and.Jgrad
es.have
beenrat an all #ime low; .Our business. is,,to.,tutDr.-Ghildren�.between kindergarten and'tndh gradeto e in
n, wiftincl. Alils,;xzeative
riluation, 7skills, -reading comprehension, math skills, algebra, geometry, commu 'and - methods, to -improve
writing, arid, o -.-skills. Our Jutors ;use � specialized equipment* n gskills..Specialized
-test preparat ry
i;4)edDrnaame_aDd STAR - scores:and and deveiep better -stud,)(in g,.and,te_§tJakin
aGadami th d
. leaching -methods include "sentence analysis technique", "grammar symb619, and"dynamicTink MB D'
to.teadblanguage :Specialized equipment includes the'!gepmetric cabinet".used., in.math.and.geometry.
n. tutoring five' major. components, �which include Test preparation, Math,.
Our business focuses o �
'Communication,: Reading, and Writing. Weofferlbese:subjects WondayAhrough Friday at'diffenant slot
busy :schedules. Our sessions are 90 minutes in length for each
_times ,tc) �accommodate -OuT.!dients' they I wish . h during any timeslotthroughout the week-
c-ateqoTy. Clients can enroll in as many subjects as t
Forinstan instance, our clients can enroll their children =for the Matic Tutoring -on Monday -and :for a Reading
on-
Tttonri_g: Tor'Friday. Our,sessiDns!nt).-are -offered in g3-9.students, and one- roups, between One will serveaone_ There will s the group
be a total of �i'tutors, 3Ahemrning session and 3 in the-afternoon:session
will serve as private tutor,. and the -third will serve.as a.,receptionist. Since each tutor
sp
tljtor,,Ihe zes in -aecond d s' e
bj ct, the tutors Will rotate during.each session so that -each one serves as
iedali-—spedaHze u
t.:gr[)up�tutor,. private lutor:and a receptionist
Our business anticipates no more than 10 students during each tutoring block (3-9 in each group and 1
private) and no more than a total of 60 'shidents per day and most:students take more than one subject.
-
of the subjects available throughout the week to get a better understanding of how our
BeJDW:iS 2 chart -hT(
program . :offers different subject at different times Monday throug iday.Ve, -jAIVnot -be bpene-&-on-the
.weekends_
Currentlythere aresimilar businesses that cater to children in this. same age.group'(K-6th) which are The
ctochildren) and DellosDance (teaches dance -to children). Both are in the same
Music:Store (teach musi -s:-w'III ot-teachi. but tutor -children toexcel. -in, schooL
aj:kjocaled ar_ras.§Ahe_strBet-' Our business -business-P
Tuesday Wednias a Thursday, Friday
-Fitne, Monday
Tues
.30 am TesiPi-eparation
Wnfing Reading Test Preparation Communication
9tU am MatDilath
h
1.Test Preparation Writing Reading
0 --IDD am
10:30 am
11:00 am
11:30 am communication Math Test Preparation Writing Test Preparation
12:00 Pm
12.30 pm
11:00 pmCLOSED FOR LUNUH/ I tANSITION:PER101:)
1:30 prin Communication
2:00 Pm Test Preparation
2130. pm
3:00 pm
.3:30 pm Reading Test Preparation
4:00 Pm
4:30 pm
5:00 pm Writing- Reading
5:30 pm
6.00 P.
Math J Test Preparation I Writing
Communication I Math
Test Preparation
Communication
Reading
Test Preparation
Attachment 4
New Tutoring Business Description
Our business is to tutor the minds of tomorrow's future. Statistics show that test scores and grades have
been at an all time low. Our business is to tutor children between kindergarten and sixth grade to excel in
math skills, algebra, geometry, communication skills, reading comprehension, writing skills, creative
writing, and test preparatory. Our tutors use specialized equipment and methods to improve academic
performance and STAR scores and develop better studying and test taking skills. Specialized teaching
methods include "sentence technique", "grammar symbols" and "dynamic link method" to teach
language. Specialized equipment includes the "geometric cabinet" used in math and geometry.
Our business focuses on specialized tutoring five major components, which include Test Preparation,
Math, Communication, Reading and Writing. We offer these subjects Monday through Friday at different
time slots between 8:00 am and 6:00 pm. Our sessions are 90 minutes in length for each category. There
are 3 groups of up to 10 children per session for a total of up to 30 children per 90 minute session. There
would be 3 instructors in the morning and 3 instructors in the afternoon. A majority of clients enroll in
more than one session during the day throughout the week. Therefore, there is minimal drop off and pick
up throughout the day. The average length of time needed for parking is 3-4 minutes per child for parents
to sign children in and out. Therefore there would be no more than 10 parking spaces needed at any one
time.
Our business anticipates no more than 30 students during each tutoring session (3 groups of up to 10
children per session). The majority of the students may take more than one subject session per day. Below
is a chart of subjects available throughout the week to get a better understanding of how our program
offers different subject at different times Monday through Friday. We will not be open on the weekend.
Currently, there are similar business that cater to children in this same age group (Kindergarten — 5t'
grade) including The Music Store (teach music to children) and Dellos Dance (teach dance to children).
Both are in the same business park located across the street.
Time
Monday -Friday
8:00 am — 9:30 am
Test Preparation
Communication
Math
9:30 am —11:00 am
Reading
Writing
Test Preparation
11:00 am —12:30 pm.
Communication
Math
Reading
1:00 pm —1:30 pm
CLOSED FOR LUNCH
1:30 pm— 3:00 prn
Test Preparation
Communication
Math
3:00 prn — 4:30 pm
Reading
Writing
Test Preparation
4:30 pm — 6:00 pm
Communication
Math
Reading
*Each tutoring session block accommodates 3 groups of up to t u stuoents eacn.
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND -BAR -21825 COPLEY DRIVE - DIAMOND I BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NUMBER: 8.1
MEETING DATE.. May 10, 2011
CASE/FILE NUMBER: Development Review and Minor Conditional Use
Permit No. PL 2011-067
PROJECT LOCATION: 2160 Indian Creek; Diamond Bar, CA 91765
(APN 8713-041-007)
PROPERTY OWNERS: Zhi Zhuang Liu and Meng Zhu
20833 Quail Run Drive
Walnut, CA 91789
APPLICANT: Danny Tseng
460 Castlehill Drive
Walnut, CA 91789
summau
Property owners, Zhi Zhuang Liu and Meng Zhu, and applicant, Danny Tseng, are
requesting approval of a Development Review application to add 1,428 square feet to
an existing 4,080 square -foot, single-family residence, and a Minor Conditional Use
Permit to allow the continuation of an existing nonconforming 16-10" front yard setback
(30' is required).
The existing architectural style of the structure is a 1980s Spanish design with a gable
roof, stucco walls, brick, wood window trim and aluminum windows. The proposed
architectural style is a Mediterranean design with the roofs, smooth stucco walls, vinyl
doors and windows, stucco window and door trim, and precast concrete columns.
After evaluating the application, staff finds that the proposed Development Review and
Minor Conditional Use Permit prop6sal complies with the City's development standards,
and that the Development Review findings required pursuant to Diamond Bar Municipal
Code 22.48.040 can be made. Therefore, staff recommends that the Planning
Commission approve Development Review and Minor Conditional Use Permit
No. PL 2011-067, subject to the conditions of approval contained in the attached
Resolution.
--Z.ACKGROUND-
Site Description:
The site is located in The Diamond Bar Country Estates (The Count -y) and is located at
the southwesterly corner of Indian Creek Road and Falcons View Drive. In 1980, the
property was developed under Los Angeles County standards with a two-story, 4,080
square -foot, single-family residence on a 1.45 gross acre (63,162 square -foot) lot.
There are no protected trees onsite.
The site has a private street easement and a Restricted Use Area totaling 33,102
square feet. The proposed addition will be located outside these areas.
The site is legally described as Lot 17 of Tract No. 30093, and the Assessor's Parcel
Number (APN) is 8713-041-007.
The applicant requests approval for a fagade change to the front of the house and to
construct an addition to the side and rear of the.house. The proposed 825 square -foot
first -floor addition will consist of the following components:
a Addition of a new library to the front of the building;
a Conversion of an existing office into a bedroom and bathroom;
a Conversion of an existing service room into a kitchen;
e Relocation and expansion of the dining room; and
a Expansion of the foyer.
TOAW
pposed 603 square -foot second -floor addition will -consist: of the folio
components:
a New loft and laundry room;
a Relocation of the master bedroom; and
a Relocation of three bedrooms and addition of one bedroom.
The applicant also proposes a new 376 square -foot balcony towards the side and rear
of the building, and the existing building height of the dwelling will remain at 27'-5,"
measured from the finished grade to the highest point of the roofline.
Development Review and Minor Conditional Use Permit No. PL 2011-067 Page 2 of 8
The applicant has obtained approval from The Diamond Bar Country Estates
Association.
Site and Surrounding General Plan, Zoni gi and Land Uses
Site Rural Residential IL RR I Single -Family Residence
North Rural Residential RR Single -Family Residence
South Rural Residential RRVacant Lot
East Rural Residential RR Single -Family Residence
West Rural Residential RR Single -Family Residence
mr-
Additions to structures and reconstruction projects which are equal to 50 percent of the
existing habitable floor area of all existing structures on-site or greater require approval
of a Development Review (DR) application. Changes to an existing nonconforming
structure require approval of a Minor Conditional Use Permit (MCUP) by the hearing
officer. Because the DR application requires Planning Commission approval, the
Planning Commission is reviewing the MCUP.
Approval. of a Development Review and Minor Conditional Use Permit applications are
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 ReviIew.(DBMC Section 22.48)
The following table compares the proposed project with the City's development
standards for residential development in the RR zone:
IVIUur- rs�qulluu
Development Review and Minor Conditional Use Permit No. PL 2011=067 Page 4 of 8
won! 30'
WE
15'-10"
15'-10"
0
*7*, r,
16-0" on one side
Our &
41'-11 north side
41'-11 north side
10'-0" on the-@ther
4T-1 south side
38'-1 soLrtff side
Yes
side.
M 15' reversed
cornerlot; 10'
41'-11"
41'-11"
otherwise
Yes
J
25'
N/A — north side
N/A — north- side
Yes
N/A _south side
N/A =south side
-xF- Ffif
ININ
N415381401 ,g Ig By66'-3"-----
25'.
66' -T
571 -T
Yes
U N.Q. I
bEdEOgmeto
sN�
Maximum of 30%
8.9%.
12.9%
Yes
_gd
II H-0 �_O W-EMMOB
R
19
35'-0"
27' -F
2T-5"
Yes
2 -car garage
3 -car garage
3 -car garage
Yes
IVIUur- rs�qulluu
Development Review and Minor Conditional Use Permit No. PL 2011=067 Page 4 of 8
The project addition will maintain a setback of 57'-7') to the Restricted Use Area (RUA)
and 32'-9" to the property line of the vacant lot to. the south.
Site tion
The proposedI addition will be built on an existing building pad and therefore no grading
is required,.
Elevations
The existing architectural style of the home is a 1980s Spanish design with a gable roof,
stucco walls, brick, wood window trim, wooden doors and garage doors and aluminum
windows. The proposed architectural style is Mediterranean design with hipped tile
roofs, smooth stucco walls, vinyl doors and windows, stucco window and door trim, and
decorative precast columns.
The applicant provided color samples which call for earth tone colors for the exterior
finishes to soften the building's Visual impact.
Land§�g �In
Landscape plans are not required because the site is already developed, and because
the project is exempt from the City's Water Conservation Landscaping Ordinance. The
ordinance would only apply if 5,000 square feet or more of the existing landscaped area
Was being altered. However, landscaping that is damaged during construction will need
to be restored upon project completion. This requirement is included as a condition of
approval.
Page 5 of 8
Proposed Front Elevation
Development Reviev,� and Minor Conditional Use Permit No. PL 2011-067
A Minor Conditional Use Permit is required because of an existing nonconforming front
set back. Current development standards require a front set back of 30 feet. Currently,
the front set back is 16-10" to the west property line. On -a corner lot, the Development
Code defines the front property line as the one with the shorter street frontage.
Ir----------.'..
Front Setback
nI
Private. Street
Easement
F-E67-RZTM USE AF -'A
P-'57FJC—D UB� A;ZEA
51TE ftAiq
The City recognizes that property owners
rs should be allowed to have additions or
improvements to their properties, even with nonconformities. Therefore, the City has
established
stablished the Minor Conditional Use Permit process . for such additions, subject to the
findings set forth in the Development Code.
Staff believes that approving the Minor Conditional Use Permit as described above for
the proposed addition is appropriate and compatible with other residences in the
neighborhood based on the following facts and observations:
The existing dwelling was built in 1980, prior to the incorporation of the City of
Diamond Bar;
The main entrance of the dwelling is along Indian Creek Road, which is set
back 41'-11" from the property line;
The addition ' of 1,428 square feet will not further encroach into the existing
nonconforming front set back of 15'-10**';
Development Review and Minor Conditional Use Permit No. PL 2011-067 Page 6 of 8
The proposed addition will be located toward the rear an interior side of the
dwelling; and
By maintaining the existing nonconforming setbacks, the proposed project is
consistent with other homes within the neighborhood,
The project is designed to be compatible and complementary to the neighborhood, and
incorporates the principles of the City's Residential Design Guidelines as follows:
The proposed addition will conform to all development standards, including
building height and maintain existing nonconforming setbacks, which is
consistent with other homes in the neighborhood;
0 The proposed addition is appropriate in mass and scale to the site;
The project is designed to minimize the negative impacts on surrounding homes.
A transition between the project and adjacent properties is achieved through
appropriate setbacks and landscaping; and
Placement and relationship of windows., doors, and other window openings are
carefully integrated with the building's overall design.
Adjacent Vacant Lot to the South Project Site Property to the I East
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 April 29, 2011, public hearing notices were mailed to property owners within a
1,000 -foot radius of the project site and the notice was published in the San Gabriel
Vallee Tribune and Inland Valley Daily Bulletin newspapers. A notice display board w . as
Development Review and Minor Conditional use Permit No. PL 2011-067 Page 7 of 8
posted at the site, and a copy of the notice was posted at the City's three designated
community posting sites.
Public Comments Received
At the time the staff report was published, staff had not received any comments from the
public.
This project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to the provisions of
Article 19 Section 15301(e) (additions to an existing structure of less than 10,000
square feet) of the CEQA Guidelines.
Staff recommends that the Planning Commission adopt the attached resolution
(Attachment 1) approving Development Review and Minor Conditional Use Permit
No. PL 2011-067, to construct an addition of 1,428 square feet to an existing 4,080
square -foot single-family residence, based on the findings of DBMC Section 22.48 and
22.56, subject to conditions of approval as listed within the draft resolution.
Prepared by:
Da'Wvarez
Assistant Planner
Attachments:
Reviewed by:
Grac S. Lee
Senior Planner
1. Draft Resolution Approving DR and MCUP No. PL 2011-067
2. Site Plan, Floor Plans and Elevations
Development Review and Minor Conditional Use Permit No. PL 2011-067 Page 8 of 8
0
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2011 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND
MINOR CONDITIONAL. USE PERMIT NO. PL 2011-067 TO ADD 1,428
SQUARE FEET TO AN EXISTING 4,080 SQUARE -FOOT SINGLE FAMILY
RESIDENCE AND MINOR CONDITIONAL USE PERMIT TO ALLOW THE
CONTINUATION OF AN EXISTING NONCONFORMING 15'-10" FRONT
YARD SETBACK (30' IS REQUIRED) ON A 1.45 GROSS ACRE (63,162
SQUARE -FOOT) LOT LOCATED AT 2160 INDIAN CREEK ROAD, DIAMOND
BAR, CA 91765 (APN 8713-041-007).
.RECITALS
I. The property owners, Zhi Zhuang Liu and Meng Zhu, and applicant, Danny
Tseng, have filed -an application for,'Development Review No. PL 2011-067 to
add 1,428 square feet to an existing 4,080 square -foot single family residence
and Minor Conditional Use Permit to allow the continuation of an existing
nonconforming 16-10" front yard setback (30' is required) located at
2160 Indian Creek Road, City of, Diamond Bar, County of Los Angeles,
California. Hereinafter in this resolution, the subject Development Review shall
collectively be referred to as the "Project."
2. The subject property is made up of one parcel totaling 63,162 square feet (1.45
gross acres). It is located in the Rural Residential (RR) zone with an underlying
General Plan land use designation of Rural Residential.
3. The legal description of the subject property is Tract 30093 Lot 17. The
Assessor's Parcel Number is 8713-041-007.
4. On April 29, 2011, 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
1,000 -foot radius of the Project site and public notices were posted at the City's
designated community posting sites on April, 29, 2011. In addition to the
published and mailed notices, the project site was posted with a display board
and the notice was posted at three other locations within the project vicinity.
5. On May 10, 2011, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, i ' t is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1 The Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct; and
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 (e) (additions to an
existing structure..of less than .10,000 square -feet) 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, this Planning Commission
hereby finds as follows:
Development Review Findings (DBMC Section 22,48.040)
1 The design and -layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments);
The addition of 1,428 square feet to an existing 4,080 square -foot single family
residence is consistent with the City's General Plan, City Design Guidelines and
development standards by meeting all of the setbacks, except the front setback,
and requirements of the City's development code. The front setback will
maintain the existing nonconforming front setback, and will not further encroach
into the nonconforming setback.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
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 addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the project site
has an existing single-family home and the surrounding uses are also single-
family homes.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-family
residence because it complies with the requirements for driveway widths. -
3. The architectural design of the proposed development is compatible with the
character of the surrounding neighborhood and will maintain and enhance the
2
DR and IACUP No. PL 2011-067
harmonious, orderly and - attractive development contemplated by
Chapter 22.48: Development Review Standards, the. City's Design Guidelines,
the City's General Plan, or any applicable specific plan;
The proposed addition is designed to be compatible with the character of the
eclectic homes in The Country Estats. The proposedshades
sign etuea Mediterranean style of archectuere with earth -tone for the exterior
finish to soften the building's visual impact.
4.' The design of the proposed development will pro ' vide a desirable environment
for its occupants and visiting public as well as its neighbors through good
aesthetic use of materials, texture, color, and will remain aesthetically
appealing;
The design of the single-family residence is a Mediterranean style of
architecture. Variation in the building elements has been achieved through the
utilization of varying architectural features and building materials, such as,
hipped tile roofs, smooth stucco walls, vinyl doors and windows, stucco window
and door trim, engaged precast concrete columns,
5. The proposed development will not be detrimental to 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. Through the permit and inspection process, the
referenced agencies will ensure that the proposed project is not detrimental to
the public health, safety or welfare or materially injurious to the properties or
impmWI. vements 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 15301 (e). (additions to an existing structure of less than 10,000 square
feet) of the CEQA guidelines.
Minor Conditional Use Permit Findings (DBMC Section 22.56.040)
1. The proposed use is allowed within the subject zoning district with the approval
of a minor conditional use permit and complies with all other applicable
provisions of this Development Code and the Municipal Code;
The existing single-family dwelling is a permitted use in the RR zone, The
substandard front setback renders the project nonconforming. The addition of a
nonconforming structure requires approval of a Minor Conditional Use Permit.
3 DR and IACUP No. PL 2011-067
The proposed addition of 1,428 square feet will not further encroach into the
nonconforming front setback,
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The proposed addition to a single-family residence is consistent with the City's
adopted .General _P1an._ The site is not subject to -the provisions of any specific
plan.
3. The design, location, size and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity;
The existing single-family dwelling and the proposed addition of a 1,428 square
foot are consistent with the development standards for the site and the
surrounding neighborhood. The site has a dedicated private street easement in
front of the property line, which is landscaped, giving the appearance of a 27'-
10" front setback and will not further encroach into the existing front setback.
4. The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints;
The subject site is physically suitable for the existing single-family residential
dwelling and the proposed addition. The existing and proposed use of land is
consistent with the surrounding land uses. The proposed addition of floor area
is consistent with the development standards for the RR zone.
5. Granting the minor conditional use permit will not be detrimental to the public
interest, health, safety, convenience or welfare, or materially injurious to
persons, property or improvements in the vicinity and zoning district in which
the property is located; and
The granting of the Minor Conditional Use Permit will allow the addition of the
existing single-family dwelling unit in a manner similar with existing dwelling
units located in the surrounding neighborhood. The proposed expansion of the
dwelling unit will not negatively impact the public interest, health, safety
convenience or welfare.
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 15301(e) (addition to an existing structure of less than 10,000 square
feet) of the CEQA Guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves this Application subject to the following conditions:
4
DR and MCUP No. PL 2011-067
1 Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing; and
2. Standard Conditions. The applicant shall comply with the standard development
conditions attached hereto.
, The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
the property owners, Zhi Zhuang Liu and Meng Zhu, 20833 Quail Run
Drive, Walnut, CA 91789; and the applicant, Danny Tseng, 460 Castlehill
Drive, Walnut, CA 91789.
APPROVED AND ADOPTED THIS lot" DAY OF MAY 2011, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
ma
Jack Shah, Chairman
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 10th day of May, 2011, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
5 DR and 1,AGUP No. PL 2011-067
17�iZl IT I MCI
st
4
"a
a
USE PERMITS, COMMERCIAL AND RESIDENTIAL -NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Minor Conditional Use Permit
No. PL 2011-067 j
SUBJECT- Addition of 1,428 square feet to an existing 4,080 square -foot,
single-family residence and Minor Conditional Use Permit to allow
the continuation of an existing nonconforming 15'-10" front setback
(30' is required).
PROPERTY Zhi Zhuang Liu and Meng Zhu
OWNER(S): 20833 Quail Run Drive
Walnut, CA 91789
APPLICANT: Danny Tseng
460 Castlehill Drive
Walnut, CA 91789
LOCATION: 2160 Indian Creek Road, Diamond Bar, CA 91765
ill 17111ili �lillii I I, 1,�
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
I In accordance with Government Code Section 6.6474.9(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 Conditional Use Permit
No. PL 2011-067.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:
me
DR No. PL 2010-438
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review and Minor Conditional Use Permit
No. PL 2011-067, at the City of Diamond Bar Community Development
Department, their affidavit stating that they are aware of and agree to accept all
the conditions of this approval. Further, this approval shall not be effective until
the applicants pay remaining City processing fees, school fees and fees for the
review of submitted reports.
3. All designers, architects, engineers, and contractors associated with this project
shall obtain a Diamond Bar Business License; and a zoning approval for those
businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2011 -XX, Standard
Conditions, and all environmental mitigations shall be included on the plans (full
size). The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect,
5. Prior to the plan check, revised site plans and building elevations incorporating
all Conditions of Approval shall be submitted for Planning Division review and
approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and, any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation plans shall
be coordinated for consistency prior to issuance of City permits (such as
grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
10. The property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
7 DR No. PL 2010-438
11. The applicant shall comply with the requirements of City Planning, Building and
Safety Divisions, Public Works Department, and the Fire Departme' nt.
B. FEES/DEPOSITS
1 Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as required
shall be paid prior to the issuance of building permit. In addition, the applicant
shall pay all remaining prorated City project review and processing fees prior to
issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
1. The approval of Development Review and Minor Conditional Use Permit
No. PL 2011-067 expires within two years from the date of approval if the use
has not been exercised as defined per Diamond Bar Municipal Code (DBMC)
Section 22.66.050 (b)(1). The applicant may request in writing a one year time
extension subject to DBIVIC 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, collectively attached hereto as Attachment 2 including:
site plans, floor plans, architectural elevations, and landscape plans on file with
the Planning Division, the conditions contained herein, and the 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
appearance. All
graffiti shall be removed within
72 hours by
the property
owners/occupant.
5. All landscaping,
structures, architectural features
and public
improvements
damaged during
construction shall be repaired
or replaced
upon project
completion.
8
nP nim r-1 -,01r)_A',_
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 Control Plan shall be submitted concurrently with the grading plan
clearly detailing erosion control measures. These measures shall be
implemented during construction. The erosion control plan shall conform to
national Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's) as specified in
the Storm Water BMP Certification.
2. 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.
B. SOILS REPORT/GRADING/RETAINING WALLS
I 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.
2. 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 satisfactory of the City Engineer and a
permanent irrigation system shall be installed.
9 DR Nc. PL 2010-438
18. AQMD notification is required for demolition work.
19. Construction material shall be stored in a workmanlike manner not visible from
the street as much as practical.
END
12
DR No. PL 2010-438
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"ION
PLANNING COMMISSION
T1AGENDA REPORT
AGENDA ITEM NUMBER: 1 8 E_
MEETING DATE: May 10, 2011
CASE/FILE -NUMBER: Development Review and Minor Conditional Use
Permit No. PL 2010-325
PROJECT LOCATION: 23959 Cougas Creek Road,.Diamond* Bar, CA
91765 (APN 8706-009-025)
PROPERTY OWNER/APPLICANT: Jorge and Martha Diaz
23959 Cougas Creek Road
`-Diamond'Bar, CA'91765...
The applicant is requesting Development Review approval to. construct a 494 square -
foot, second -story addition to the front of an existing 2,436 square -foot, single-family
residence. A Minor Conditional Use Permit is also requested to continue a
nonconforming front setback of 13'-6" where 20 feet is required-:
The residence is a 1960s two-story tract home with California Ranch details, and single -
story massing along the front elevation.
The proposed addition will significantly alter the house's impact to the streetscape by
introducing two-story massing directly above the garage. Staff finds the prop � bsed
building form to be problematic in terms of mass, bulk, and scale. The front elevation
should be appropriately articulated to give the addition a more.-siatelypresence, rat -her
than an overbearing one.
For the reasons stated above, staff recommends that the Commission direct the
applicant to revise the front elevation to reduce the perceived massiveness of the
addition, and continue the matter to the May 24, 2011, meeting. Alternatively, if the
Commission disagree's with staff's recommendation, and wishes to approve the project
as submitted, staff has prepared an approval recornmendation, which the Commission
may approve this evening..
!*] � �6 � �W I
Site Description:
The site is located in the Deane Homes Swim Club association and is located on the
southeasterly end of Cougas Creek Road where it intersects with Del Sol Lane. In
1968, the property was developed under Los Angeles County standards with a 1,994
square -foot, two-story home and 442 square -foot garage on a 0.17 gross acre (7,530
square -foot) lot. There are no protected trees on-site.
The site is legally described as Lot 31 of Tract No. 27536, and the Assessor's Parcel
Number (APN) is 8706-009-025.
The proposed second story addition consists of a 494 square -foot addition above the
existing garage. The applicant is proposing to add a new master bedroom, bathroom,
closet, and laundry room to the existing second story home.
A Minor Conditional Use Permit is requested to continue an existing 13'-6" front
setback.
The applicant has obtained approval from the Deane Homes Swim Club association,
Development Review and Minor Conditional Use Permit
No. PL 2010-325 Page 2 of 9
KII?-T-131�ffl
F A 71' V
22.56)
An addition that results in a substantial change to the appearance of an existing
residence requires Planning Commission approval of a Development Review (DR)
application.
Changes to an existing nonconforming structure require the approval of a Minor
Conditional Use Permit (MCUP) by the heating officer. Because the DR application
requires Planning Commission approval, the Planning Commission is reviewing the
MCUP.
Approval of a DR and a MCUP is required to ensure compliance with the City's general
plan policies, development standards, and design guidelines 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 RL zone:
Development Review and Minor Conditional Use Permit
No. PL 2010-325. Page 3 of 9
*Minor Conditional Use Permit is requested to allow the continuation of a nonconforming structure.
Site and Grading Configuration: The applicant is proposing to add to the second story
of the existing home. Therefore, no grading is required for the proposed project.
Elevations: The existing residence is a 1960s two-story tract home with California
Ranch details. Its most prominent feature is the attached two -car garage which
protrudes 14 feet in front of the livable portions of the building. Currently, the front of
the garage has a Dutch gable, which gives the front of the garage, a lower profile from
the street (see photo of existing house below).
Development Review and Minor Conditional Use Permit
No. PL 2010-325 Page 4 of 9
The addition of _a two-story massing directly above the garage creates a problem in
terms of mass, bulk, and scale. The massing of the second Story addition should
maintain p , leasing proportions to avoid an exaggerated vertical symmetry. With an
existing substandard front setback of 13'-6", the introduction of the two-story massing as
proposed, overwhelms the streetscape and the surroundings from a human scale.
Below is the front elevation of the proposed second story addition above the garage:
The applicant submitted photos of existing homes in the neighborhood with a similar
design, provided below:
Development Review and Minor Conditional Use Permit
No. PL 2010-325 Page 5 of 9
tin FM M Leff
(its "1* 11199 41_� tq F=-
12*
4
sn=
I'A" RiW TWO
Row 7D
r
Fl.
VMS SA -M,
FDAIJ
3
0 0 E: MI
L
IMM,
Ed
M IS- X 7 SWI. GAIL M
SOUTH (FRONT) ELEVATION SCALE: 114=T -0a
The applicant submitted photos of existing homes in the neighborhood with a similar
design, provided below:
Development Review and Minor Conditional Use Permit
No. PL 2010-325 Page 5 of 9
As shown on the proposed front elevation and photos of similar homes in the
neighborhood, the massing of the second floor above the garage is not in proportion to
the overall scale of the building. According to the City's Residential Design Guidelines,
building elevations which front onto streets should be strongly articulated along the
visible fagade. Elements such as overhangs, projections and recesses of stories are
encouraged. Therefore, staff recommends that the Commission direct the applicant to
revise the front elevation to reduce the perceived massing and scale of the addition by
articulating the vertical massing treatment by incorporating the following:
A projection of the wall with a gabled roof, as provided in the rendering below.
This is called a furred out wall, which is an aesthetic detail, and is a non-
structural projection and would not increase the floor area. This revision would
address the exaggerated vertical symmetry and reduce the overall mass and
scale of the building form.
............. ----------
MEN
31.A9
Development Review and I\fjinor Conditional Use Permit
No. PL 2010-325 Page 6 of 9
Landscaping: Landscape plans are not required because the site is already
developed, and because the project is exempt from the City's Water Conservation
Landscaping Ordinance. The ordinance would only apply if 5,000 square feet or more
of the existing landscaped area was being altered. However, landscaping that is
damaged during construction will need to be restored upon project completion. This
requirement is included as a condition of approval.
Minor Conditional Use Permit
A IVICUP is required because of an existing nonconforming front setback. Current
development standards require a front setback of 20 feet to the front property line.
Currently, the front setback is 13'-6" to the property line.
The City encourages homeowners to make appropriate improvements to their
properties, even if the existing improvements do not fully conform to current
development standards. Therefore, the City has established the IVICUP process for
such additions, subject to the findings set forth in the Development Code.
Staff believes that approving the IVICUP as described above is appropriate and
compatible with other residences in the neighborhood, based on the following facts and
observations:
The existing dwelling, was built in 1968, prior to the incorporation of the City of
Diamond Bar;
The proposed addition will maintain and not further encroach into the existing
nonconforming front setback of 13'-6"; and
0 By maintaining the existing nonconforming setback, the proposed project is
consistent with other homes within the neighborhood.
Development Review and Minor Conditional Use Permit
No. PL 2010-325 Page 7 of 9
The propoLsed project complies with the goals and objectives as set forth in the adopted
General Plan in terms of land use ' and density. However, the project should be
redesigned so that it will not negatively affect the existing surrounding land uses, and
the design and appearance of the proposed addition to the single-family residence is in
proportion to the overall scale of the building as seen from street view.
Adjacent Home to North
Project Site
Adjacent Home to South
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 April 29, 2011, 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 Valle
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.
At the time the staff report was published, staff had not received any comments from the
public.
This project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article
19 Section 15301(e.2.b) (additions to existing structure provided that the addition will
not result in an increase of more than 10,000 square feet if the area in which the project
Development Review and Minor Conditional Use Permit
No. PL 2010-325 Page 8 of 9
Z
is located is not environmentally sensitive) of the CEQA Guidelines.
environmental review is required.
No further
Staff recommends that the Commission direct the applicant to revise the elevations to
reduce the, perceived massiveness of the addition, and continue the matter to the
May 24, 2011, meeting. Alternatively, if the Commission disagrees with staff's
recommendation, and wishes to approve the project as submitted, staff has prepared an
approval recommendation, which the Commission may approve this evening.
Prepared by:
W, atalie Tobon
Planning Technician
Attachments:
Reviewed by:
dra'c'e S. Lee
Senior Planner
1. Draft Resolution No. 2011 -XX
2. Site Plan, Floor Plans, and Elevations
Development Review and Minor Conditional Use Permit
No. PL 2010-325 Page 9 of 9,
Attachment 1
A. RECITALS
1 The property owners and applicants, -Jorge and Martha Diaz, have filed an
application for Development Review and Minor Conditional Use Permit
No. PL 2010-325 to construct a 494 square -foot, second- story room m addition
at the front of the home, and to allow the continuation of an existing
nonconforming front setback of 13 -feet, 6 -inches (20 feet is required) located
at 23959 Cougas Creek Road, City of Diamond Bar, County of Los Angeles,
California. Hereinafter in this resolution, the subject Development Review
and Minor Conditional Use Permit shall collectively be referred to as the
"Project."
2. ' The subject property is made up of one parcel totaling 0.17 acres. It is
located in the Low Density Residential (RL) zone and is consistent with the
Low Density Residential land use category of the General Plan..
3. The legal description of the subject property is Tract 27536 Lot 31. The
Assessor's Parcel Number is 8706-009-025.
4. On April 29, 2011, 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 Pro-ject site and public notices were posted at
the City's designated community posting sites on April 29, 2011. In addition
to the published and mailed notices, the project site was posted with a
display board and the notice was posted at three other locations within the
project vicinity.
5. On May 10, 2011, 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.
pmnn���
NOW, THEREFORE, it is found, determined. and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to the provisions of Article 19, Section 15301 (e.2.b)
(additions to existing structure provided that the addition will not result in an
increase of more than 10,000 square feet if the area in which the project is
located is not environmentally sensitive) of the CEQA Guidelines. Therefore,
.no further environmental review is required.
I
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.56, this Planning
Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
1. The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments);
The design and layout of the proposed.. 494 square -foot, second story
addition is consistent with the City's General Plan, City Design Guidelines
and development standards by meeting al/ of the setbacks except the front
setback and maintaining the existing height of the building by constructing
the addition to the existing height of the second level of the home. The front
setback will maintain the existing nonconforming front setback, and will not
further encroach into the nonconforming setback.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
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 addition will not interfere , with the use and enjoyment of
neighboring existing or future developments because the use of the project
site. is for a single family residential home and the surrounding uses are also
for single family residential homes.
The proposed addition . will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single
family residential home because it is a continuation of an existing use.
3. The architectural design of the proposed development is compatible with the
2
Planning Commission Resolution No. 2011 -XX
character of the surrounding neighborhood and will maintain and enhance
the harmonious, orderly and attractive development contemplated by
Chapter 22.48: Development Review Standards, the City's Design
Guidelines, the City's General Plan, or any applicable specific plan; .
The existing architectural style of the home is 1960s tract design. The
proposed addition will match the roof type, colors and building materials. The
addition will be integrated with the existing house by utilizing matching colors
and materials as prescribed in the City's Residential Design Guidelines.
Additionally, staff is recommending conditions of approval to add window
shutters to the proposed windows, wood siding or similar material to the
proposed addition, and brackets under the eaves of the proposed roof. There
is no specific plan for this area.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing;
The design of the existing single-family home is a 1960s tract style, Variation
in the building elements has been achieved through the utilization of varying
architectural features and building materials. The neutral building colors will
remain the same.
5. The proposed development will not be detrimental to 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 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 15301 (e.2.b) (additions to existing structure provided that the
addition will not result in an increase of more than 10,000 square feet if the
area in which the project is located is not environmentally sensitive) of the
CEQA Guidelines.
Minor Conditional Use Permit Findings (DBMC Section 22.56.040)
1. The proposed use is allowed within the subject zoning district with the
approval of a Minor Conditional Use Permit and complies with all other
3
Planning Commission Resolution No. 2011 -IX
applicable provisions of this Development Code and the. Municipal Code;
The existing single-family dwelling is a permitted use in the RL zone. The
substandard front setback of *the building renders the project nonconforming.
The addition of a nonconforming structure requires approval of a Minor
Conditional Use Permit. The proposed addition of a 494 square -foot master
bedroom complies with the development standards of the RL zone and will
not further encroach into the nonconforming front setback.
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The proposed addition to a single-family dwelling unit is consistent with the
City's adopted General Plan. The site is not subject to the provisions of any
specific plan.
3. The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity;
The existing single-family dwelling and the proposed addition of a
494 square -foot master bedroom is consistent 'with the development
standards for the site and the surrounding neighborhood. The design of the
existing single-family dwelling and the proposed addition are compatible with
the neighborhood through the use of similar architectural features.
4. The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, ' compatibility with
adjoining land uses, and the absence of physical constraints;
The subject site is physically suitable for the existing single-family residential
dwelling and the proposed addition. The existing and proposed use of land
is consistent with the surrounding land uses. The proposed addition of floor
area is consistent with the development standards for the RL zone.
5. Granting the Minor Conditional Use .Permit will not be detrimental to the
public interest, health, safety, convenience or welfare, or materially injurious
to persons, property or improvements in the vicinity and zoning district in
which the property is located; and
The granting of the Minor Conditional Use Permit will allow the addition of the
existing single-family dwelling unit in a manner similar with existing dwelling
units located in the surrounding neighborhood. The proposed expansion of
the dwelling. unit will not negatively impact the. public interest, health, safety
convenience or welfare.
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 Adicle 19
4
Planning Commission Resolution No. 2011 -XX
Section 15301 (e.2.b) (additions to existing structure provided that the
addition will not result in an increase of more than 10,000 square feet if the
area in which the project is located is not environmentally sensitive) 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: t.
1. The applicant shall incorporate the following architectural elements to the
addition:
(a) Wood shutters shall be added to the second story windows, facing the
street;
(b) Wood siding or similar material shall be added to the second story
addition;
(c) Brackets similar to the existing brackets on the front porch shall be
added under the eaves of the roof.
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 property owners and applicants, Jorge and Martha Diaz, 23959
Cougas Creek Road, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 10th DAY OF MAY, 2011, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
M
Jack Shah, Chairman
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 10th day of May, 2011, by the following vote:
5
Planning Commission Resolution No. 201 I -XX
AYES: 'Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
6
Planning Commission Resolution No. 2011 -XX
2 1"_U 221;
111 01114-11 H4 T
SUBJECT: To construct a 494 square -foot second story addition to the front
of an existing 2,436 square -foot single-family residence and a
Minor Conditional Use Permit to allow the continuation of an
existing nonconforming front setback of 13'-6" (20 feet is
required).
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. In accordance with Government Code- Section 66474.9(b)(1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Development Review and Minor Conditional
Use Permit No. PL 2010-325 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.
7
Planning Commission Resolution No. 2011 -XX
(b) Applicant shall promptly pay any final judgment rendered against the
City defendants. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any, purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review and Minor Conditional Use Permit
No. PL 2010-325, at the City of Diamond Bar Community Development
Department, their affidavit stating that they are aware of and agree to accept
all the conditions of this approval.Further, this approval shall not be effective
until the applicants pay remaining City processing fees, school fees and fees
for the review of submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business License; and a zoning approval
for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2011 -XX, Standard
Conditions, and all environmental mitigations shall be included on the plans
(full size). The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation plans
shall be coordinated for consistency prior to issuance of City permits (such
as grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
10. The property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
8
Planning Commission Resolution No. 2011 -XX
,'X
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance.ofbuilding or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all rernaining, 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.
G. TIME LIMITS
1. The approval of Development Review and Minor Conditional Use Permit
No. PL 2010-325 expires within two years from the date of approval if the use
has not been exercised as defined per Municipal Code Section 22.66.050
(b)(1). The applicant may request in writing a one year time extension
subject to Municipal Code Section 22.60.050(c) for Planning Commission
approval.
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, collectively attached hereto as
Attachment 2 including: site plans, floor plans, and architectural elevations on
file with the Planning Division, the conditions contained herein, and the
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
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
5. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
9
Planning Commission Resolution No. ?011 -XX
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.
1 1111' 1
rill 11 11 11�i�
1. An Erosion Control Plan shall be submitted concurrently with the drainage
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 Plan
(SWPPP) will be needed.
2. Grading and construction activities and the transportation of equipment and
materials and operatio . n 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. 2011 -XX
B. SOILS REPO RT/GRADIN GIRETAI N ING WALLS �
I The Owner shall execute and record a covenant agreement to maintain and
hold the City harmless for all existing improvements in tff 'pdblic right-of-
way.
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 course.
No on-site drainage shall be conveyed, to adjacent parcels, unless that is the
natural drainage course.
glum 0, 0111=1111126INK-01,7171b"HC
9 XV1121
I Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and
the California Electrical Code unless submitted after January 1, 2010 which
will be covered under the 2010 code series) requirements and all other
applicable construction codes, ordinances and regulations in effect at the
time of plan check submittal.
2. If covered under the 2010 California Building Code series, fire sprinklers will
be required and all requirements of the California Green Building Code (CAL
Green) apply and shall be implemented onto plans.
3. Occupancy of the facilities shall not commence until such time as all
California Building Code and State Fire Marshal regulations have been met.
The buildings shall be inspected for compliance prior to occupancy.
4. The minimum design load for wind in this area is 950 M.P.H. exposures "C"
and the site is within seismic zone D or E. The applicant shall submit
drawings and calculations prepared by a California State licensed
Arch itect/Engineer with wet stamp and signature.
5. All portions of structure including eaves shall be at least T-0" to property line.
6. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent.
7. Submit Public Works Department approved grading plans showing clearly all
finish_ elevations, drainage, and retaining walls locations.
8. "Separate permits are required for accessory structures including retaining
walls and patio covers" and shall be noted on plans.
11
Planning Commission Resolution No. 2011 -XX
9. Building setback from any slope (toe or top) shall meet Chapter 18 of the
2001 California Building Code.
10. Indicate all easements on the site plan.
11. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
12. Specify location of tempered glass as required by code.
13. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.).
14. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
End
12 -
Planning Commission Resolution No. 2011 -XX
1. The Owner shall execute and record a covenant agreement to maintain and
hold the City harmless for all existing improvements in the public right-of-
way.
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 course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and
the California Electrical Code unless submitted after January 1, 2010 which
will be covered under the 2010 code series) requirements and all other
applicable construction codes, ordinances and regulations in effect at the
time of plan check submittal.
2. If covered under the 2010 California Building Code series, fire sprinklers will
be required and all requirements of the California Green Building Code (CAL
Green) apply and shall be implemented onto plans.
3. Occupancy of the facilities shall not commence until such time as all
California Building Code and State Fire Marshal regulations have been met.
The buildings shall be inspected for compliance prior to occupancy.
4. The minimum design load for wind in this area is 950 M.P.H. exposures "C"
and the site is within seismic zor-rd D or E. The applicant shall submit
drawings and calculations prepared by a California State licensed
Arch itect/Engineer with wet stamp and signature.
5. All portions of structure including eaves shall be at least T-0" to property line.
6. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent.
7. Submit Public Works Department approved grading plans showing clearly all
finish. elevations, drainage, and retaining walls locations.
8. "Separate permits are required for accessory structures including retaining
walls and patio covers" and shall be noted on plans.
11
Planning Commission Resolution No. 2011 -XX
9. Building setback from any slope (toe or top) shall meet Chapter 18 of the
2001 California Building Code.
10. Indicate all easements on the site plan.
11. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
12. Specify location of tempered glass as required by code.
13. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.).
14. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
End
12
- Planning Commission Resolution No. 2011 -XX
Agenda Item 8.2 — DR and MCUP PL2010-325 — 23959 Cougas Creek
Plans found in project file.
NO W-1-14
21-825 COPLEY DRIVE—DIAMOND BAR. CA 91765—TEL (909) 839-7030—FAX (909) 861-3 117—\v\v\v.0 i tyo I'd i aniondbar. com
MEETING DATE:
CASE/FILE NUMBER
PROJECT LOCATION:
APPLICATION REQUEST
APPLICANT:
EX
May 10, 2011
Development Code Amendment No. PL2011-146.
Citywide
To amend Title 22 of the Diamond Bar Municipal
Code adopting regulations for the recovery of
attorney fees in nuisance abatement proceedings.
Not Applicable
Diamond Bar Community Development Department
STAFF RECOMMENDATION: Adopt the attached resolution recommending the
City Council approve Development Code
Amendment No. PL2011-146 by adopting the
attached ordinance.
BACKGROUND:
The City of Diamond Bar's Neighborhood Improvement Division works both proactively and
in response to resident complaints to enforce the City's Municipal Code and ordinances
created to maintain the health, safety, and living standards of the community. In instances
where violations of the City's property maintenance standards are encountered, the City
works with property owners to request abatement, and only utilizes legal resources when
the property owner is unable or unwilling to correct those violations. Under the City's
existing Municipal Code it is possible to recover administrative abatement costs. However,
attorney fees are not recoverable. The proposed Ordinance would modify the
Development Code (i.e., Title 22 of the Diamond Bar Municipal Code) to allow for the
recovery of attorney fees. in addition to other administrative costs.
ANALYSIS:
The City's Community Development Department has continued ongoing efforts to work
with property owners to abate nuisances that impact the health, safety, and well being of
Page 1
DCA 2011-146
the entire community. While many cases are resolved in an expedient manner, there are,
from time to time., situations where code compliance 'efforts must be escalated.
Typical code enforcement cases are initiated through anonymous reports from residents or
though -proactive patrolling by staff. When a case is opened, staff visits. the property,
leaves a courtesy notice and a. timeframe to abate the nuisance, and follows up with a
letter to the property owner of record. If the property owner does not contact City staff, a
Neighborhood I'mprovement Officer returns to the property and provides a follow up notice.
Depending upon the severity of the nuisance, Community Development Department staff
may consult with the City Prosecutor for a variety of specialized services, including but not
limited to procuring a Notice and Order to Abate a Public Nuisance, and abatement
warrants issued through the courts. Under the City's existing Municipal Code, all
administrative work is recoverable; however, attorney fees, including those provided by the
City Prosecutor, are not. Without the ability to recover attorney fees, proactive
enforcement has been limited to the funding allocated from the City's general fund. The
proposed Ordinance removes this restriction by modifying the Development Code to allow
for the recovery of attorney fees in addition to administrative costs.
Amendments to the Development Code must first be heard by the Planning Commission,
which needs to make a recommendation to the City Council whether or not to adopt the
proposed Ordinance to. amend the Development Code.
The City has determined that this project is exempt from the provisions of the California
Environmental Quality Act (CEQA)., as prescribed under Section 15361(b)(3) of the CEQA
Guidelines (no potential for causing a significant effect on the environment).
Public hearing notice was published in the San Gabriel Valley Tribune and the Inland
Valley Daily Bulletin newspapers on Friday, April 29, 2011.
Staff recommends that the Planning Commission— adopt a Resolution recommending
approval of Development Code Amendment No: PL2011-146 to the City Council.
Prepared by:
Anthony I
tgntos
Management Analyst
Attachments:
1. Draft Resolution of Approval.
2. Exhibit "A" — Draft Ordinance.
Reviewed
Greg Gubman, AICP
Community Development Director
Page 2
DCA 2011-146
PLANNING COMMISSION
RESOLUTION NO. 2011 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF TtilWdOt'O*Rs-
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT
NO. PL2011-146 AMENDING TITLE 22 OF THE DIAMOND BAR
MUNICIPAL CODE ADOPTING REGULATIONS FOR THE RECOVERY
OF ATTORNEY FEES ON NUISANCE ABATEMENT PROCEEDINGS.
A. RECITALS
1 On April 29, 2011, notice for the proposed amendments was published in
the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to
Planning and Zoning Law Government Code Section 65091 (a)(3), if the
number of property owners to whom a public hearing notice would be
mailed is greater than 1,000, a local agency may provide notice by placing
a display advertisement of at least one-eighth page in at least one
newspaper of general circulation.
2. On May 10, 2011, the Planning Commission held a duly noticed public
hearing on the proposed amendment. All persons wishing to testify at the
public hearing in connection with said amendment were heard,. said
amendment was studied, and the Planning Commission closed said
hearing.
3. The proposed amendments will not have a substantial adverse impact on
the environment and the project is exempt from the California
Environmental Quality Act (CEQA) as the activity is covered by the
general rule that CEQA applies only to projects which have the potential
for causing a significant effect on the environment, pursuant to
Section 15061 of the California Code of Regulations and Guidelines.
4. The proposed changes are consistent with multiple objectives and policies
in the City of Diamond Bar General Plan.
i
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
I 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. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve
Development Code Amendment No. PL 2011-146 by adopting the
ordinance attached hereto as Exhibit "A" and incorporated herein by
reference,,
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council.
APPROVED AND ADOPTED THIS 10th DAY OF MAY 2011, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
1W
Jack Shah, Chair
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 May, 2011, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
2
Planning Commission Resolution No. 2010-08
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meeting of the City Council of City of Diamond Bar held on the 19th day of August by the
following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
ATTEST
Tommye Cribbins, City Clerk
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NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTIN,9,,.1i1
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
1, Stella Marquez, declare as follows:
On May 10, 2011, 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, Stella Marquez, declare as follows:
I am employed by the City of Diamond Bar. On May 6, 2011, 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 May 6, 2011, at Diamond Bar, California.
Stella Marquez
Community Development Department
CD/zste11a\affidavitposfing.doc