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HomeMy WebLinkAbout03/27/2007PLANNING COMMISSION AGENDA CI T Y CCV NCIL March 27, 200741 � 0> 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Nelson Tony Torng Kwang Ho Lee Kathleen Nolan Osman Wei Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 29825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 9990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. —c— +eirain From smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recycled paper and encoura ges you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are opgenda items en to the public. A member of the s of more public may address the Commission on the subject of one oDiamond Bar Planning CommissiontheAirequest which are within the subject matter jurisdiction of the iion should be submitted in writing at the public hearing, to the Secretary of the to address the Commss Commission. the As a general rule, the opportunity for public comments ersons sholareke place interested parties fort►on of the Chair. an tem may be A 9 persons limit However, in order to facilitate the meeting, p i requested to give their presentation at the time it m item �theaCha r may limit calendar. he total amount timef individual public input to five minutes on any allocated for public testimony based on the number of people requesting to speak and the business the Commission. Individuals are requested to conduct themselves that all npointprofessional a enaonside ed businesslike ornto the Comments and questions are welcome s . ion must be Commission making recommendations to the staff and City Council. iss In accordance with State Law (Brown Act), all n meeting. matters to bIn case of emergency oe acted on by the r when a subject posted at least 72 hours prior to the Commission meeting. matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Division of re ared by the Planning Agendas for Diamond Bar Planning Commission meetings are p p the Community Development Department. Agendas are available 72 hourat s prior to the meeting at City Hall and the public library, and may be accessed by personal Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS ersons with mobility impairments who cannot access. the A cordless microphone is available for those p e interpreter servces public speaking area. The service of the cordless microphone and sign langys in advance o .uat p Please are available by giving notice at least three du5130 p.mness ., Monday through Thursdayea►nd 7:30 a.m. telephone (909) 839-7030 between 7:30 a and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(aD�i diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, March 27, 2007 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2007-15 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman Tony Torng, Kwang Ho Lee, Kathleen Nolan, Osman Wei 2. REORGANIZATION OF PLANNING COMMISSION. Selection of Chairman and Vice -Chairman. 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secreta (Completion of this form is volunta There is a five-minute maximum time limit when addressing the Planning Commission. 4. APPROVAL OF AGENDA: Chairman 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No 2006-40 — In accordance to Development Code Section 22.48, the applicant requests approval to remodel and construct a first and second story addition, patio cover and deck totaling approximately 2,200 square feet to an existing 2,252 square feet two-story single family residence with a two -car garage. The project site is zoned R-1 (8,000.) Project Address: 23253 Forest Canyon Drive Property Owner: Carl and Martha Collison 23253 Forest Canyon Drive Diamond Bar, CA 91765 MARCH 27, 2007 PAGE 2 PLANNING COMMISSION Applicant: Leobardo Nanez 755 N. Peach Clovis, CA 93611 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. ning on approve Recommendation: Staff 2006 40, Findings of Factecommends that the , and conditions l Development Review N of approval as listed within the draft resolution. 7.2 Development Review DR 2007-07 p andDevelopment op Minore t Code Conditional SectionU22.48erthe No.2007-04 — In accordance applicant requests approval to construct 1,128 square feet to an existing 1,783 square foot single family residence. The project site is zoned R-1 (20,000.) Project Address: 24408 Nan Court Property Owner: Ismail Vaid Applicant: M & M Construction 10414 Hamilton Street Alta Loma, CA, 91701 Environmental Determination: This project a Ab CEQA) reviewed een Based fon or compliance with the California Environmental Quality c that assessment, the City has determined 15301 and 5332 lof ly Exempt pursuant to the provisions of Article 19 Section the State CEQA Guidelines. ning on approve Recommendation: Staff 2007 07, Findings of Factecommends that the , and conditions l' Development Review N of approval as listed within the draft resolution. 2007-01 anJ nor 7.3 Develo ment Review No. 2007 06 007-01 Minor accordanceeto Development nC'ode Condtional Use Permit No. Sections 22.48, 22.52 and 22.56, the applicant requests approval to construct a 1,512 square feet addition to an existing setba036 square feet ck by 20 percent, and singlefamily residence; reduce the required sid y the existing legal non -conforming �o'ront yard s to issetback zoned Low Density tRes dentrage and inal setback between structures. Th project District (RPD 20,000- 2U.) MARCH 27, 2007 PAGE 3 PLANNING COMMISSION Project Address: Property Owner/ Applicant: 24449 Nan Court Raymond and Laura Wolfe 24449 Nan Court Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2007-01, Minor Variance 2007-01, Minor Conditional Use Permit No. 2007-06, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.4 Development Review No. 2005-32 and Negative Declaration No 2007-01 — In accordance to Development Code Section 22.48, the applicant requests the construction of a one-story, 32,000 square feet medical office building for medical services including clinic and labs. The project site is zoned Office, Business Park (OB.) Project Address: 1336 Bridge Gate Drive Property Owner: Kaiser Foundation Health Plan, Inc. 393 W. Walnut Street Pasadena, CA 91003 Applicant: Wood Burghard Swain Architects 4850 Barranca Parkway, Suite 203 Irvine, CA 92604 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Sections 15070 and 15105, the City prepared an Initial Study and Negative Declaration No. 2007-01 for this project. According to CEQA Section 15105, the public review period for the Negative Declaration begins March 2, 2007, and ends March 21, 2007. The Planning Commission will consider whether to adopt the Negative Declaration on March 27, 2007. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2005-32 and Negative Declaration No. 2007-01, Findings of Fact, and conditions of approval as listed within the draft resolution. MARCH 27, 2007 3 10. PAGE 4 PLANNING COMMISSION PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. SCHEDULE OF FUTURE EVENTS: City Council Meeting: Tuesday, April 3, 2007 - 6:30 P.M. SCAQMD/Government Center Auditorium 21865 Copley Drive Planning Commission Tuesday, April 10, 2007 — 7:00 p.m. Meeting: SCAQMD/Government Center Auditorium 21865 Copley Drive Parks and Recreation Thursday, April 26, 2007 — 7:00 P.M. Commission Meeting: SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive 11. ADJOURNMENT: PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL (909) 839_7030 - FAX (909) 861_3117 AGENDA ITEM NUMBER MEETING DATE: March 27, 2007 CASE/FILE NUMBER Development Review 2006-40 PRORECTLOCATION: 23253 Forest Canyon Drive (Lot 58, Tract 31062) (APN: 8702-017-049) APPLICATION REQUEST: Approve fire damage repair and construct a first and second story addition, front porch, patio cover and deck totaling approximately 2,200 square feet to an existing two-story residence of 2,252 square feet with a two -car garage. PROPERTYOWNER Mr. and Mrs. Carl Collison 23253 Forest Canyon Drive Diamond Bar, CA 91765 APPLICANT: Mr. Leobardo Nanez 755 N. Peach Clovis, CA 93611 STAFFRECOMMENDATION: Conditionally approve. DR 2006_40 Page 1 BACKGROUND: A. Site Description The project site is approximately 11,920 square feet and is generally rectangular in shape. It is developed with atwo-story restrict d use or flood hazard approximately areas5or e feet and a two -car garage. There are no easements on the project site. In May 2003, a covered patio and covered deck was approved and construction permits issued in August 2003. In October 2003, revisions to the covered patio and covered deck were approved. Between October 2003 and June 2004, inspections were performed, correction notices given and a letter sent informing the applicant that the construction permits expired. In June 2006, the applicant submitted plans in order to have the construction permits reinstated. A site visit showed that the plans did not accurately reflect what was consns that accurately reflected thetructed on site. In August 0n0ew cons6 and beu�t onre ha applicant could submit revised pla fire occurred at the residence. Site and Surrounding General Plan Zoning and Use Project Site North South East West ANALYSIS- General Plan RL (Low Density Residential - Max. 3 DU/Acre RL RL RL RMH (Medium High Density Residential — Max. 16 DU/Acre Zone R-1-8,000 Uses Residential 00 Residential00 Residential00 q Residential &Paul C.Grow Park Residential Condominiums A. A lication and Review Authority (Code Section 22.44 The application before the Commission reflects the construction that was done prior to the fire, fire damage repair and the addition of habitable square feet to the subject residence for a total of 2,200 square feet. The project requires Development Review approval because the proposed addition is more than 50 percent of the existing habitable area. The Planning Commission is the review authority for the Development Review application. DR2006-40Page 2 B. Development Review (Code Section 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living, and attracts the interests of residents and visitors as the result of consistent exemplary design. Development Standards The comparison matrix below shows that the proposed project has met the development standards for the R-1-8,000 (RL) zoning district. Development Feature R-1-8000 (RL) Zoning Proposed Meet District Requirement Re uirements Minimum Lot Area 8000 s uare feet. 11,920 square feet Yes Residential Density 1 single-family unit Yes 1 single-family unit Front yard setback 20 feet 20.5 feet Yes Side yard setbacks 5 & 10 feet 6 & 18.5 feet Yes Rear setback 20 feet 44 feet Yes Building height 35 feet from natural/finished 25 feet from finished Yes rade rade Separation between 16 & (no adjacent residences 15 feet structure/Paul C. Yes Grow Park Lot coverage 40% (maximum) 24% Yes Parking Two -car garage (minimum) Two -car garage Yes 2. Architectural Features Colors Material and Floor Plan The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design, and landscape architecture. Additionally, a primary objective is to promote compatibility with adjacent uses in order to minimize any potential negative impacts. DR2006-40 Page 3 The proposed addition will not change the existing architectural style of the residence. The existing roofline with will remain the same. The front elevation will be changed by enlarging the front porch and replacing some of the wood siding with stucco. Additionally, the enlarging front porch shows two sets of entry doors. Since two entry doors next to each other is awkward, the applicant is required to remove one set of doors and replace it with a window The wood siding above the garage and front entry will remain. The brick accent on each side of the garage and post at the entry will remain. Brick accent will be added to the front porch. The sliding door located on the front elevation above the garage will be reduced in size so a closet can be added to the family room. The rear elevation changes by the addition of square footage, a cover deck and covered patio. However, theses changes are also consistent with the existing architectural style. Exterior walls will be medium off-white (E-43 EI Dorado). Tan (Fox Hill —ECC 42-1) will be used for trim, fascia and wood moldings. Eagle Lite tile — Malilbu No. 426 in red/orange with brown streaks will be used for the roof. With the architectural style and construction materials remaining the same and proposed earth tone colors, the subject residence with the proposed addition is compatible with other residences in the neighborhood. The project neighborhood is a combination of one and two-story homes ranging in size from 1,700 to 2,252 habitable square feet. The proposed project will add about 1,500 square feet of habitable space plus the deck and patio areas for a total of 2,200 square feet. The project site is 11,920 square feet and large enough to accommodate the proposed addition which meets all the required development standards for the R-1-8,000 zoning district. 3. Floor Plan Layout The proposed addition changes the first floor plan by enlarging the existing den, kitchen, dining room, living room and front porch and by adding a cover patio adjacent to the living room and dining room. The proposed addition changes the second floor by enlarging three existing bedrooms, bathroom and changing the master bathroom to a closet and adding a master bathroom. Additionally, an exterior deck is added adjacent to the master bedroom. 4. Landscaping A separate landscape and irrigation plan was not submitted with this project's application except as noted on the site plan. The applicant is required to replace any landscaping and/or irrigation damaged or destroy within the front yard during construction. Said landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy. DR 2006-40 Page 4 C. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e) (addition to an existing one single-family residence), the City has determined that this project is Categorically Exempt. NOTICE OFPUBI IC HEARING; Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Vallev Tribune on March 15, 2007. Public hearing notices were mailed to approximately 64 properly owners within a 500 -foot radius of the project site and the project site was posted with a display board on March 14, 2007. The public notice was posted in three public places on March 16, 2007. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2006- 40, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: 4cokng I_ ngu, ssoc' a Planner PCommuniv ent Director Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, roof plan and elevations and colors/materials board dated March 27, 2007; 3. Covenant and Agreement to Maintain a Single -Family Residence; and 4. Aerial. DR 2006-40 Page 5 A. PLANNING COMMISSION RESOLUTION NO. 2007 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-40 AND CATEGORICAL EXEMPTION, A REQUEST TO REPAIR FIRE DAMAGE AND CONSTRUCT A FIRST AND SECOND STORY WITH A COVERED PATIO AND COVERED DECK TOTALING TO APPROXIMATELY 2,200 SQUARE FEET TO AN EXISTING TWO-STORY SINGLE-FAMILY RESIDENCE OF 2,252 SQUARE FEET WITH A TWO -CAR GARAGE. THE PROJECT SITE IS LOCATED AT 23253 FOREST CANYON DRIVE (LOT 58, TRACT NO. 31062; APN: 8702-017-049), DIAMOND BAR, CALIFORNIA. RECITALS. The property owner, Mr. and Mrs. Carl Collison and applicant Leobardo Nanez have filed an application for Development Review No. 2006-40 and categorical exemption for a property located at 23253 Forest Canyon Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. On March 15, 2007, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On March 14, 2007, public hearing notices were mailed to approximately 64 property owners within a 500 -foot radius of the project site and the project site was posted with a display board. The public notice was posted in three public places on March 16, 2007. 3. On March 27, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality cateAct orieal exempt on reflects the A) and guidelines promulgated thereunder. Furthermore,9 nt judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is 11,920 square feet and is generally rectangular in shape. It is developed with a two-story residence of approximately 2,252 square feet and a two -car garage. There are no restricted use or flood hazard areas or easements on the project site. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). (d) Generally, the following zones and uses surround the project site: to the north, south and east is the R-1-8,000 zoning district with single-family residences; and to the west is the R-3 zoning district with residential condominium. (e) The Application request is for Development Review approval to repair fire damage and construct and addition of approximately of 2,200 square feet which includes the front porch, patio cover and covered deck. Development Review (f) On July 25, 1995, the City adopted its General Plan. Tract No. 31062 Lot 58 (project site) was established and homes were built prior to the City's incorporation and General Plan's adoption and under the jurisdiction of Los Angeles County. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This designation allow for lot varying in size from 8,000 to 20,000 square feet. The project site is 11,920 square feet. The County used lot averaging; therefore some lots within a tract will be smaller and others larger. 2 The project site is within the R-1-8,000 zoning district. Pursuant to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report The proposed fire damage repair and addition will not change the existing architectural style of the residence. The existing roofline with will remain the same. The front elevation will be changed by enlarging the front porch and replacing some of the wood siding with stucco. Additionally, the enlarging front porch shows two sets of entry doors. Since two entry doors next to each other is awkward, the applicant is required to remove one set of doors and replace it with a window The wood siding above the garage and front entry will remain. The brick accent on each side of the garage and post at the entry will remain. Brick accent will be added to the front porch. The sliding door located on the front elevation above the garage will be reduced in size so a closet can be added to the family room. The rear elevation changes by the addition of square footage, a cover deck and covered patio. Theses changes are consistent with the existing architectural style. Exterior walls will be medium off-white (E-43 EI Dorado). Tan (Fox Hill — ECC 42-1) will be used for trim, fascia and wood moldings. Eagle Lite tile — Malilbu No. 426 in red/orange with brown streaks will be used for the roof. With the architectural style and construction materials remaining the same and proposed earth tone colors, the subject residence with the proposed addition is compatible with other residences in the neighborhood. The project neighborhood is a combination of one and two-story homes ranging in size from 1,700 to 2,252 habitable square feet. The proposed project will add about 1,500 square feet of habitable space plus the deck and patio areas for a total of 2,200 square feet. The project site is 11,920 square feet and large enough to accommodate the proposed addition which meets all the required development standards for the R-1- 8,000 zoning district. (g) With the approval and construction of the proposed project, the current use (single-family residence) of the project site will be maintained. As referenced above in finding (f), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will be compatible with other homes in the neighborhood. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards 3 (h) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is not a specific plan for the project area. (i) As referenced in the above findings (f), (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (j) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division 1. Prior to issuance of any permits, the applicant shall submit a final land scapelirrigation plan for the project site for Planning Division approval. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Prior to plan check submittal, the applicant shall submit a revision to the front elevation deleting one set of front doors and replacing them with a window for Planning Division review and approval. B. Building and Safety Division 1. Door between garage and the house shall be 1318 inch solid core self-closing. Walls and ceiling between living space and garage shall be 518 type X. rd e smoke 2. Bete to final ith n back-up inshall install all bedrooms aandlrhal ways detectors battery leading to sleeping areas. 3. All bedrooms shall comply with all rescue window requirements. 4. Non -permitted construction shall be demolished to the satisfaction of the Building Official prior to the issuance of any permits. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. and Mrs. Carl Collison, 23253 Forest Canyon Drive, Diamond Bar, CA 91765 and Mr. Leobardo Nanez, 755 N. Peach, Clovis, CA 93611 APPROVED AND ADOPTED THIS 27TH OF MARCH 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, Acting 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 27th day of March 2007, by the following vote: ATTEST: AYES: NOES: ABSTAIN: ABSENT: Nancy Fong, Secretary USE PERMITS, NEW AND COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDIT101 COMMERCIAL AND RESIDENTIAL REMODELED STRUCTURES PROJECT #: Development Review No. 2006-40 SUBJECT: Fire Damage Repair and Addition Residence PROPERTY OWNER: Mr. & Mrs. Carl Collison APPLICANT: Mr. Leobardo Nanez LOCATION: 23253 Forrest Can on Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO in YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING CONDITIONS: ION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING A. General Requirements . in accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-40 brought within the time period provideofficersvagents and employees a4e maded by Goernment Code Section 6699.37. la the event the city and/ party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 0 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-40 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2007 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time 1. The approval of Development Review No. 2006-40 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing'a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" dated March 27, 2007 including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Solid Waste 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. 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 prior to the issuance of any City permits. These measures shall be implemented during construction between October 1 st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 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. Drainage Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. . APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain w7 until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval May be required. Contact the Fire Department to erty. If this project is check the fire zone zardrrFie zone i shall meete location of your pofprequirements of the fire located in High Haa zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9. Specify 114"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 10. Private property sewerlseptic Department and the Californiale approved by the Los ngeles County Health DepWater Control Board. 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29- 10 RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Space Above Line For Recorder's Use Only COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE Development Review No. 2006-40 The undersigned hereby certify that Mr. & Mrs. Carl Collison are the owner(s) of the hereinafter described real property located at 23253 Forest Canyon Drive in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 58, Tract Map No 31062 Assessor's Book and Parcel Number 8702--017-049 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. DATED: NOTE: THE COVENANT AND AGREEMENT SHALL BE NOTARIZED AND RECORDED, NOTARY SHALL USE UPDATED FORM AS DESCRIBED IN CIVIL CODE SECTION 1189. WORD: COMDEV/FORMSIBLANK COVENANT... I i m.r v 0 4 _g - 22 T----------- Z: __________Z a 1 i Qg YWALNWAV (CONC.9 M, *bar, o ar, All 1 _0 I� h qq p a N in y 1 y I4 r a CcbS� ° �w�[7•m {�' 1 f 0�5 Ay S 1 F e Z ., €.. _ W y s gg f a ya o$ogoaQ��sR�� m3N „oa °m R N �n��y3��oRSZ-.p 4a r 9 8f�.�:m9gE £Q9� "cziz 220 } 555 O �$ n H N k: =, 6 -- Y- � o rg2 s R,p 4 �3^� Y:i fm $n m➢n ti� Ron Reit A R m (¢py{ M9 T fi s PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE -DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.2 MEETING DATE: March 27, 2007 CASE/FILE NUMBER: Development Review No. 2007-07 and Minor Conditional Use Permit No. 2007-04 PROJECT LOCATION: 24408 Nan Court, Diamond Bar, CA 91765 APPLICATION REQUEST: To construct a 1,128 square feet two-story addition to an existing 1,783 square foot two-story single-family house, and to maintain the nonconforming front yard setback of 18 feet and 6 inches. PROPERTY OWNERS: Vaid Ismail & Saira APPLICANT: M & M Construction, 10414 Hamilton Street, Alta Loma, CA 91701 STAFF RECOMMENDATION: Conditionally Approve BACKGROUND: The applicant, M & M Construction, and property owners, Ismail & Saira Vaid, propose to construct 1,128 square foot two-story addition to an existing 1,783 square foot two-story single-family house. The parcel is located at a terminus cul-de-sac and is approximately 11,220 square feet (0.26 acres) in size. The project site does not belong to any association. ANALYSIS: A. Applications and Review Authority (Sections 22-48, 22.56 and 22.68) An addition to an existing single-family house that is greater than 50 percent of the habitable floor area requires a Development Review application. To maintain the existing legal non -conforming front yard setback of 18 feet and 6 inches requires a Minor Conditional Use Permit application. The Planning Commission is the highest authority to review and approve the two applications. The Planning Commission's review process establishes consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the City's economic, physical, and social character. The process ensures that the proposed project's development yields a pleasant living environment for the residents and visitors as the result of consistent exemplary design. B. Site and Surrounding General Plan, Zoning and Uses C. Development Review (Section 22.48) Development Standards The following comparison table shows that the proposed project meets the City's development standards: Page 2 Development Review No. 2007-07 General Plan Zone Uses Low Density Residential Low Density Residential Low Density Residential RPD -20,000-2U RPD -20,000-2U RPD -20,000-2U Single Family Residences Single Family Residences Single Family Residences Site North South East Planning Area Low Density Residential A-2-1 RPD -20,000-2U Planning Area Single Family Residences West C. Development Review (Section 22.48) Development Standards The following comparison table shows that the proposed project meets the City's development standards: Page 2 Development Review No. 2007-07 Development Feature RL- Building Proposed Meets Standards/PM 23382 Requirements Minimum Lot Area 10,000 S.F. 11,220 S.F. Yes Residential Density 1 Single -Family Unit; 3 per 1 Single Family Yes gross acre Unit Front yard setback 20 feet 18'-6" MCUP Side yard setbacks 10 feet & 5 feet 10'-3" & 7' Yes Side yard minimum between structures on 15 feet 17'-3" Yes Lad ning Parcels Rear setback 20 feet 75'-0" Yes Building Height Limit 35 feet maximum 25-8" Yes Hillside Development As required by Chapter N/A Yes 22.22 (Hillside Mgt.) Landscaping As required by Chapter Yards are Yes 22.24 (Landscaping) Landscaped Parking 2 in fully enclosed garage 3 -car garage Yes (20'X20'). [Landscaping 50 % of the front yard in 50% Yes landsca in Lot Coverage 40% 24% Yes Preserved/Protected Trees Tree Permit Required to Exempted No Trees to be Yes Remove certain trees Removed Minor Conditional Use Pprmit NIn inn %-na rP/'ll jimcfa fKlnflni infirm of ]cnnl nnni+rnf�rr it ; J ., setback distances. 2. Building Design, Architectural Features Colors Materials Floor Plan Etc i ne architecture of the existing re Mediterranean style with building stucco wall, vinyl windows with d architectural design and colors are styles within the neighborhood and sidence and the proposed addition is a materials containing: red roof tile, smooth ecorative trim, and molding. The project compatible with the eclectic architectural consistent with the City's General Plan, Municipal Code, and Design Guidelines. Page 3 Development Review No. 2007-07 The existing house contains four bedrooms, three bathrooms, and a family room. The proposed first floor addition will contain a living room, dining room and kitchen expansion. The proposed second floor addition will contain a new bedroom, bathroom and closet. Furthermore, the proposed second floor addition will include an expansion of the existing master bedroom and expansion of the two existing bedrooms. 3. Landscaping and Preserved/Protected Trees (Section 22.24) The resulting development to the house will not have a negative impact to the existing landscape. Hence, a landscape plan is not required for the project. 4. Minor Conditional Use Permit No 2007-04 (Section 22.56 and 58) The required front yard setback is 20 feet. The existing setback from the garage face is 18 feet 6 inches. It is a legal nonconforming setback as the house was built prior to City's incorporation. The City establishes the Minor Conditional Use Permit process to allow such addition so the legal conformities may be continued if it is necessary to secure safety or aesthetic advantages through improved architecture. 5. Covenant and Agreement A condition of approval requires the property owner to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a City form. The covenant must be recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. 6. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. D. General Plan, Design Guidelines and Compatibility with Neighborhood 1. Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the surrounding neighborhood's prevailing character; and 2. Strategy 2.2.1, new developments shall be compatible with surrounding land uses. Based on the above analysis, staff finds the application is consistent with the General Plan, Municipal Code Standards, Design Guidelines and compatible with the neighborhood. Page 4 Development Review No. 2007-07 NOTICE OF PUBLIC HEARING: Public Hearing notices were mailed to 79 property owners within a 500 -foot radius of the project site, and notices were published in the San Gabriel Valley Tribune and Inland Valley -Daily Bulletin newspapers. A notice display board was posted at the site, and legal notices were posted at the City's designated posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that the proposed addition is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303(a) - (new single family residence). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2007- 07 and Minor Conditional Use Permit 2007-04, Findings of Fact, conditions of approval, and Standard Conditions as listed within the attached resolution. Prepared by: Carlos Rojas Planning Intern ATTACHMENTS: Reviewed by: Nancy Fong, AICP Community Development Director 1. Draft Resolution of Approval with required findings; 2. Covenant and Agreement; 3. Aerial; 4. Exhibit "A" - site plan, floor plan, roof plan, elevations, and line of sight dated July 31, 2006; Page 5 Development Review No. 2007-07 Page 1 of 1 LAFCO Annexation Nancy Fong From: Clonts, Steve [Steve.Clonts@Nolte.comj Sent: Tuesday, March 20, 2007 8:45 AM To: Nancy Fong Subject: LAFCO Annexation Hi Nancy. Just checking on the status of the contract. Steve Clonts, Contracts Administrator Contracts and Legal Affairs NOLTE ASSOCIATES, INC. 2495 Natomas Park Drive, Fourth Floor Sacramento, CA 95833-2935 Telephone (916) 641-9217 Fax (916) 641-9222 Email steve.clonts@nolte.com Website http•//www.nolte.com 3/20/2007 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2007-07, AND MINOR CONDITIONAL USE PERMIT NO. 2007-04, A REQUEST FOR AN ADDITION OF 1,128 SQUARE FEET TO AN EXISTING 1,783 SQUARE FOOT TWO-STORY SINGLE-FAMILY RESIDENCE ON AN EXISTING 11,220 LOT, AND THE CONTINUATION OF LEGAL NONCONFORMING FRONT YARD SETBACK. THE PROJECT SITE IS LOCATED AT 24408 NAN COURT (APN: 8701-049-055, LOT 41, TRACT NO. 42573), DIAMOND BAR, CALIFORNIA. A. RECITALS The applicant, M & M Construction, and property owners, Ismail & Saira Vaid have submitted an application for a Development Review No. 2007-07 and Minor Conditional Use Permit No. 2007-04 for property located at 24408 Nan Court, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application" 2. Public hearing notices were mailed to approximately 47 property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was advertised in the San Gabriel Valley. Tribune and Inland Vallev Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On March 27, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations; 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 24408 Nan Court (Lot 41 of Tract 42573), Diamond Bar, California; (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC; (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (RPD -20,000-2U) Zone interpreted as Low Density Residential (RL) Zone; (d) Generally, to the north is Single Family Residential -Minimum Lot Size 10,000 (RPD -20,000-2U) zone; to the east is Planning Area (A-2-1) zone; to the south is Single Family Residential -Minimum Lot Size 10,000 square feet (RPD -20,000-2U) zone; and to the west is Single Family Residential -Minimum Lot Size 10,000 (RPD -20,000-2U); (e) The applicant is requesting approval to construct a first and second story addition of 1,128 square feet to an existing 1,783 square foot two-story single-family dwelling. Additionally, the request includes approval of a Minor Conditional Use Permit to continue a Legal Nonconforming front yard setback. Development Review (f) 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 2 Planning Commission Resolution No. 2007 -XX DR No. 2007-07/MCUP 2007-04 (e.g., theme areas, specific plans, community plans, boulevards or planned developments); On July 25, 1995, the City adopted its General Plan. Although Tract No. 42573, Lot 41 (project site) was established prior to the City's incorporation and General Plan's adoption. The application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Low Density Residential (minimum lot of 10, 000 Square Foot) land use designation. The proposed project consists of an addition of 1,128 square feet to an existing 1, 783 square foot two-story Single Family Residence. Hence, the proposed project meets all other development standards for the RL zoning district as prescribed in the Development Code. The proposed project is not unusual for the surrounding area and is consistent with other development within this community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed projects architectural style (Mediterranean) and construction materials and colors will match the existing residence which is compatible with the eclectic architectural style, colors and material of other homes within the community. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (t), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed addition of 1,128 square feet to an existing 1, 783 square foot two-story Single Family Residence established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and 3 Planning Commission Resolution No. 2007 -XX DR No. 2007-07/MCUP 2007-04 enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The architectural style of the proposed site is a typical Mediterranean design. The compatibility of the proposed project with the surrounding residences is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; As referenced in the above findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect ties n o property values or resale(s) property) improvements in the vicinity; Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 4 Planning Commission DR No. 007 Resolution 2007-04 (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); According to the provisions of the California Environmental QualityAct (CEQA), Section 95309(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Minor Conditional Use Permit (I) The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code. As stated in Findings (t), (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the RPD-20,000- 2U/RL zoning district. Pursuant to the Development Code, the development standards of the RL zoning district apply to the project site. RPD -20,000 zoning district and complies with all applicable Development Code standards for that zoning district except for the legal nonconforming front yard setback. The existing legal nonconforming setback can be allowed with the appropriate findings through the Minor Conditional Use Permit process. According to Development Code Section 22.68.030 (a) and (b) — Restrictions on Nonconforming Structures, a structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) as specified for each zoning district. In addition, this Code section specifies that an addition, enlargement, extension, reconstruction, relocation, or structural alteration of a legal non- conforming structure may be allowed with approval of a Minor Conditional Use Permit with findings specified in Code Section 22.56.040. Findings specified in Section 22.68.030 for legal nonconforming structures must also be made. Furthermore, Section 22.68.030 requires that the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure); however, if the existing front yard setback is less than twenty feet, the exterior limits of new construction shall maintain a minimum twenty foot front yard setback. According to Table 2-4 of Development Code Section 22.08.040, the required front yard setbacks for the RL zoning district twenty feet and the side yard setback is 5 feet with a 95 foot separation between 5 Planning Commission Resolution No. 2007 -XX DR No. 2007-07/MCUP 2007-04 residential structures on adjoining properties. The existing residence at the project site has a front yard setback of 18 feet 6 inches. The front yard setback which was legal under Los Angeles County's jurisdiction when the residence was constructed is now considered legal nonconforming. However, the proposed addition will maintain the existing front yard setback. it will also follow the development line of the existing residence and will not exceed the maximum height or lot coverage allowed in the RL zoning district. Furthermore, the proposed project is consistent with other homes within the neighborhood located at the terminus cul-de-sac of Nan Court. Additionally, the proposed project will add value to and visually enhance the existing residence and neighborhood. (m) The proposed use is consistent with the General Plan and any applicable specific plan; As stated in Item 4(0, the proposed use is consistent with the General Plan and any applicable specific plan. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As stated in Findings (0, (g, (h), (i) and (1) above, the design, location, size and operating characteristics of the proposed addition are compatible with the existing and future land uses in the vicinity; (o) 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; As stated in Findings (f), (g), (h), (i) and (l) above, the project site is physically suitable for the type and density/intensity of proposed addition including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (p) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and As stated in item 4(0-(j), granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or 6 Planning Commission Resolution No. 2007 -XX DR No. 2007-071MCUP 2007-04 improvements in the vicinity and zoning districts in which the property is located. (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). According to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to site plan, floor plans, roof plan, elevations, demolition plan, and sections dated March 27, 2007, as submitted and approved by the Planning Commission, and as amended herein; (b) Before construction begins, the applicant shall install temporary construction fencing with screening along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction; (c) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; (d) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit; PUBLIC WORKS DIVISION (e) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the walls and elevations of the top of wall/footing and finished grade on both sides of the 7 Planning Commission Resolution No. 2007 -XX DR No. 2007-07/MCUP 2007-04 retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; (f) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; (g) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits; BUILDING AND SAFETY (h) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (i) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval; (j) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Ismail and Mrs. Saira Vaid, 24408 Nan Court, Diamond Bar, CA 91765. 8 Planning Commission Resolution No. 2007 -XX DR No. 2007-07/MCUP 2007-04 APPROVED AND ADOPTED THIS 27th OF MARCH 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. , Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 27th day of (March 2007, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 9 Planning Commission Resolution No. 2007 -XX DR No. 2007-07/MCUP 2007-04 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No 2007-07 and Minor Conditional Use Permit No. 2007-04 SUBJECT: Addition of 1,128 Square Feet to an existing 1,783 Square Foot Single Family Residence APPLICANT: Ismail Vaid and M & M Construction LOCA'T'ION: 24408 Nan CourtDiamond Bar CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2007-07 and Minor Conditional Use Permit No. 2007-04 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. 10 Planning Commission Resolution No. 2007 -XX DR No. 2007-07/MCUP 2007-04 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. (c) The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-07 and Minor Conditional Use Permit No. 2007-04, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2007 -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 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 single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other 11 Planning Commission Resolution No. 2007 -XX DR No. 2007-07/MCUP 2007-04 disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. 2007-07 and Minor Conditional Use Permit No. 2007-04 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission including: site plans, floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a 12 Planning commission Resolution No. 2007 -XX DR No. 2007-07/MCUP 2007-04 form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 3. 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. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. ces 2. Mandatory wase hauler to solid wast all parcels/lotsosal or uses be provided by the City franchise affected by approval of this project. APPLICANT SHALL CONTACT THE PUB E FOLLOWING CONDIORKS TIONS: (909) 839-7040, FOR COMPLIANCE WITH TH A. GENERAL REQUIREMENTS 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 between October Ist and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's.) 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 13 Planning Commission Resolution No. 2007 -XX DR No. 2007-07/MCUP 2007-04 whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 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. 2. 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. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. Show additional drainage system needed for the new addition and adjustments to the existing system. D. OFF-SITE STREET IMPROVEMENTS (Not Applicable) E. UTILITIES (Not Applicable) F. SEWERS/SEPTIC TANK (Not Applicable) G. TRAFFIC MITIGATIONS (Not Applicable) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load forwind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 14 Planning Commission Resolution No. 2007 -XX DR No. 2007-07/MCUP 2007-04 3. This project shall comply with the new energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 5. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 6. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 7. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 8. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. g. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 10. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 11. Specify location of tempered glass as required by code. 12. Specify 1 /4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 13. Provide 5/8" type X Drywall at garage wall and ceiling for area connecting between garage and habitable space. Also provide vehicular protection for appliances in garage. 14. Specify 13/8" solid core door self closing between garage and habitable space. END 15 Planning Commission Resolution No. 2007 -XX DR No. 2D07-07/MCUP 2007-04 City of Diamond Bar Description: City of Diamond Bar Created: 3/19/2007 1:22:36 PM Overview Map Map Display Legend Abdress Treses Lot t,lur�6ers Large -� nts Building Large f- Prva#je_Stre. Street Names ri Large v.. 1'• we �;;� �` " ~ • ' ,�;�' "5't`��9:,, �` --- - • . ^� + L...�.'_ Rte.. F t,�'. y„ iI w : . _�_.-.ems®'s ®4 � � � � � •+ � .e Pj .d s :..:.:.. � d &-. �: tg f ham$ �' �!• � .,c ',gym-+ '', q��2'41► ^,. � i t All. :mai PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE --DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.3 MEETING DATE: March 27, 2007 CASE/FILE NUMBER: Development Review No. 2007-01, Minor Variance No. 01, Minor Conditional Use Permit 2007-06 PROJECT LOCATION: 24449 Nan Court Diamond Bar, CA 91765 APPLICATION REQUEST: To construct a 1,512 square foot addition to an existing 2,036 square foot Single Family Residence, to reduce the side yard setback and to maintain the existing legal non -conforming front yard setback and the setback between structures. PROPERTY OWNERS: APPLICANT: STAFF RECOMMENDATION: Raymond and Laura Wolfe 24449 Nan Court Diamond Bar, CA 91765 Raymond Wolfe 24449 Nan Court Diamond Bar, CA 91765 Conditionally Approve Page 1 Development Review No. 2007-01/Minor Variance No. 2007-01/Minor Conditional Use Permit No. 2007-06 BACKGROUND: The project site is located at the terminus cul-de-sac of Nan Court. The lot is an irregular shaped parcel that is approximately 12,291 square feet (0.30 acres) in size and is Lot 35 of Parcel Map 42573. Applicants Raymond and Laura Wolfe propose to add 1,512 square feet to their existing house. The project site does not belong to any association. ANALYSIS: A. Application and Review Authority (Sections 22.44 and 22.78) The proposed 2 -story addition exceeds 50 percent of the existing habitable floor area, which requires a Development Review application. The request to reduce easterly side yard from 10 feet to 8 feet requires a Minor Variance application. The non- conforming front yard setback for the existing garage and the setback between houses require a Minor Conditional Use Permit application. The Planning Commission is the review authority of all three applications per City's Municipal Code (DBMC). The Planning Commission's review process establishes consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the City's economic, physical, and social character. The process ensures that the proposed project's development yields a pleasant living environment for the residents and visitors as the result of consistent exemplary design. B. Site and Surrounding General Plan, Zoning and Uses Paget Development Review No. 2007-0l/Minor Variance No. 2007-01/Minor Conditional Use Permit No. 2007-06 General Plan Zone Uses Site Low Density RPD -20,000-2U Single Family Residential Residences North Low Density RPD -20,000-2U Single Family Residential Residences South Low Density RPD -20,000-2U Single Family Residential Residences East Planning Area A-2-1 Planning Area West Low Density RPD -20,000-2U Single Family Residential Residences Paget Development Review No. 2007-0l/Minor Variance No. 2007-01/Minor Conditional Use Permit No. 2007-06 C. Development Review (Section 22.48) 11. The following comparison shows that the proposed project meets the City's development standards requirements: Development Feature RL- Building Proposed Meets Standards/PM 23382 Requirements Minimum Lot Area 10,000 S.F. 12,291 S.F. Yes Residential Density 1 Single -Family Unit; 3 per 1 Single Family Unit Yes gross acre Front yard setback 20 feet 17'-5" MCUP Side yard setbacks 5 feet & 10 feet 6%2 feet & 8 feet MVAR Side yard minimum between structures on adjoining 15 feet 13'-9" MCUP arcels Rear setback 20 feet 91'-0" Yes Building Height Limit 35 feet maximum 29'-4" Yes Hillside Development As required by Chapter N/A Yes 22.22 (Hillside Mgt.) Landscaping As required by Chapter Yards are Yes 22.24 (Landscaping) Landscaped Parkin(2 1 in fully enclosed garage 3 -car garage Yes (20'X20'). Landscaping 50 % of the front yard in 50% Yes landscaping Lot Coverage 40% 23.8% Yes Preser✓ed/Protected Trees Tree Permit Required to No Trees to be Yes Remove certain trees Removed Page3 Development Review No. 2007-01/Minor Variance No. 2007-01/Minor Conditional Use Permit No. 2007-06 2. Architectural Features, Colors Materials, Floor Plan, Etc. The architecture of the existing residence and the proposed addition is a Mediterranean style with building materials containing: concrete tile roof, wood siding, stucco walls, stone veneer, and vinyl windows. The architectural design and colors are consistent with the surrounding neighborhood architectural characteristics. The existing first floor contains a 3 -car garage, entry, kitchen, dining room, living room, family room, half bathroom, and staircase. The existing second floor contains a master bedroom with a master bath, two bedrooms and a loft. The proposed 1,512 square foot two story addition will include a music room, bathroom, and the expansion of the Living Room, Dining Room, Kitchen, and Family Room to the first floor. The proposed second story will include two additional bedrooms, a bathroom, library, bonus room, and the reconfiguration of the existing two bedrooms. 3. Landscaping and Preserved/Protected Trees (Section 22.24) A landscape plan is not required for the project because the front and rear yard is currently landscape and the resulting development to the rear of the structure will not have a negative impact. 4. Covenant and Agreement A condition of approval requires the property owner to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a City form. The covenant must be recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. 5. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. D. Minor Variance (Code Section 22.52) The applicant requests to reduce the required side yard setback by 2 feet 6 inches for the most easterly side yard. The westerly side yard setback is 6%2 feet, which meet and exceed the required 5 feet. The reduction of the easterly side yard setback will allow him to construct a wrap-around porch, which enhances the Page4 Development Review No. 2007-01/Minor Variance No. 2007-01/Minor Conditional Use Pen -nit No. 2007-06 architecture of the building. The habitable part of the addition is setback 13 feet from the property line, which meets the required setback of 10 feet. Staff makes the following facts and findings to support the granting of the Minor Variance: The Project site is the last lot of the cul-de-sac and the east property line faces the vacant Tres Hermanos Planning Area adjacent to the City of Chino Hills. 2. The wrap-around porches are non -habitable structures. 3. The setback to the main structure (livable space) is 13 feet, which meet and exceed the required 10 feet. E. Minor Conditional Use Permit (Code Sections 22.56 and 22.68) The required front yard setback for is 20 feet. The existing setback is 17 feet and 5 inches from the garage face to the front property line. A Minor Conditional Use Permit is required to continue the legal nonconforming setback status since the house was built prior to city incorporation. However, the proposed addition will meet and exceed the required 20 -foot setback. 2. The required setback between houses is 15 feet. The existing setback is 13 feet 9 inches. A Minor Conditional Use Permit is required to continue the non- conforming setback status because the house was built prior to the incorporation of the city. The City recognizes that property owners should be allowed to have an addition, reconstruction or improvements to their properties even with legal nonconformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings in the resolution. The legal nonconformities may be continued to secure safety or when advantages through improved architecture are met. F. General Plan, Design Guidelines, and Compatibility with Neighborhood 1. Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the surrounding neighborhood's prevailing character; and 2. Strategy 2.2.1, new developments shall be compatible with surrounding land uses. Based on the analysis above, staff finds the proposed project is consistent with the General Plan, Development Code and its Design Guidelines; and is compatible with the neighborhood. Page 5 Development Review No. 2007-01/Minor Variance No. 2007-01/Minor Conditional Use Permit No. 2007-06 NOTICE OF PUBLIC HEARING: Public Hearing notices were mailed to 47 property owners within a 500 -foot radius of the project site, and notices were advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and legal notices were posted at the City's designated posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that the proposed room addition is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303(a) — for a new single family residence. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2007- 01, Minor Variance No. 2007-01, and Minor Conditional Use Permit No. 2007-06 Findings of Fact, conditions of approval, and Standard Co ditionsas lis d within the attached resolution. / I Prepared y: David Alvarez Planning Technician ATTACHMENTS: Nancy Fo Communify Development Director 1. Draft Resolution of Approval with required findings; 2. Covenant and Agreement; 3. Aerial; 4. Exhibit "A"- site plan, floor plan, roof plan, elevations, and sections dated March 27, 2007 Page6 Development Review No, 2007-01/Minor Variance No. 2007-01/Minor Conditional Use Permit No. 2007-06 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2007-01, MINOR VARIANCE NO. 2007-01, AND MINOR CONDITIONAL USE PERMIT NO. 2007-06, A REQUEST FOR AN ADDITION OF 1,512 SQUARE FEET TO AN EXISTING 2,036 SQUARE FOOT SINGLE FAMILY RESIDENCE FEET ON AN EXISTING 12,291 LOT, ENCROACHMENT OF SIDE YARD SETBACK, AND THE CONTINUATION OF LEGAL NONCONFORMING FRONT YARD SETBACK. THE PROJECT SITE IS LOCATED AT 24449 NAN COURT(APN: 8701-049-035, LOT 35, TRACT NO. 42573), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owners/applicants, Mr. Raymond and Mrs. Laura Wolfe, have filed an application for Development Review No. 2007-01, Minor Variance No. 200-01, and Minor Conditional Use Permit No. 2007-06, for property located at 24449 Nan Court, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 47 property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On March 27, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations; 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 24449 Nan Court (Lot 35 of Tract 42573), Diamond Bar, California; (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC; (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (RPD -20,000-2U) Zone interpreted as Low Density Residential (RL) Zone; (d) Generally, to the north is Single Family Residential -Minimum Lot Size 10,000 (RPD -20,000-2U) zone; to the east is Planning Area (A-2-1) zone; to the south is Single Family Residential -Minimum Lot Size 10,000 square feet (RPD -20,000-2U) zone; and to the west is Single Family Residential -Minimum Lot Size 10,000 (RPD -20,000-2U); (e) The Application request for an addition of 1,512 square feet to existing 2,036 square foot Single Family Residence feet on an existing 12,291 square foot lot, encroachment of side yard setback, continuation of legal nonconforming front yard setback, and the continuation of legal nonconforming side setback between structures. Development Review (f) 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 2 planned developments); On July 25, 1995, the City adopted its General Plan. Although Tract No. 42573, Lot 35 (project site) was established prior to the City's incorporation and General Plan's adoption. The application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Low Density Residential (minimum lot of 10, 000 Square Foot) land use designation. The proposed project consists of an addition of 1,512 square feet to an existing 2,036 square foot Single Family Residence. Hence, the proposed project meets all other development standards for the RL zoning district as prescribed in the Development Code. The proposed project is not unusual for the surrounding area and is consistent with other development within this community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed projects architectural style (Mediterranean) and construction materials and colors will match the existing residence which is compatible with the eclectic architectural style, colors and material of other homes within the community. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; With the approval and construction of the proposed project, the current use of the project site will be maintained, As referenced above in finding (t), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed addition of 1,512 square feet to an existing 2,036 square foot Single Family Residence established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. 191 (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The architectural style of the proposed site is a typical Mediterranean design. The compatibility of the proposed project with the surrounding residences is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; As referenced in the above findings (t), (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act 10 (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Minor Variance (1) There are special circumstances applicable to the property (e.g. location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. The single-family residence's original construction was approved using the Los Angeles County Code and met the required setbacks of that code. In December 1998, the Diamond Bar Development Code was adopted, and in April 2000 Ordinance 02 (2000), amending the Code's lot development standard, was approved by the City Council. The side yard setback criterion for all single-family residences is now 5 feet on one side and 10 feet in the other. The request is to decrease the side yard setback to 7 feet 6 inches from the permitted 10 foot setback. The subject property is zoned RPD 20,000-2U. It is a 12,291 square foot irregularly shaped lot. The subject property is an average sized lot surrounding Nan Court that range in size from an average of 8, 000 to 21,000 square feet. The applicant is proposing to add 1,512 square feet, two-story addition with a wrap around porch that will encroach into the east side yard setback. The livable structure without the wrap around porch will have a 13 foot setback, which is more than the required side setback. Therefore, it creates a hardship that makes it impractical to require compliance with the development standards. (m) Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. The homes in the area were built prior to the adoption the City's Development Code and amendments. The side yard setback criterion 5 for all single-family residences under the Low Density Residential zone is 5 feet on one side and 10 feet on the other. The applicant is requesting to encroach into the setback 2 feet 6 inches. Other homes in this tract have legal nonconforming side yard setbacks. Therefore, granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. (n) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. The proposed single-family residence is consistent the City's General Plan and there is no specific plan for the area. The proposed single- family residence complies with the applicable standards for the RPD 20,000-2U (Low Density Residential Development Standards (RL)) zoning district with the exception of the side yard setback. In this case, the encroachment of a side yard setback requires a Minor Variance approval. The side yard setback encroachment is in the east side of the lot, which is consistent with the neighboring properties with respect to design and materials. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. As stated in Item 4(1) — (j), the proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. (p) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). As stated in Item 4(k), the proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Minor Conditional Use Permit (q) The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; As stated in Findings (t), (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the RPD-20,000- 2U/RL zoning district. Pursuant to the Development Code, the development standards of the RL zoning district apply to the project site. RPD -20,000 zoning district and complies with all applicable Development Code standards for that zoning district except for the legal nonconforming front yard setbacks and the side yard setback between structures. The existing legal nonconforming setbacks can be allowed with the appropriate findings through the Minor Conditional Use Permit process. Pursuant to Development Code Section 22.68.030 (a) and (b) — Restrictions on Nonconforming Structures, a structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) as specified for each zoning district. In addition, this Code section specifies that an addition, enlargement, extension, reconstruction, relocation, or structural alteration of a legal non- conforming structure may be allowed with approval of a Minor Conditional Use Permit with findings specified in Code Section 22.56.040. Findings specified in Section 22.68.030 for legal nonconforming structures must also be made. Furthermore, Section 22.68.030 requires that the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure); however, if the existing front yard setback is less than twenty feet, the exterior limits of new construction shall maintain a minimum twenty foot front yard setback. Pursuant to Table 2-4 of Development Code Section 22.08.040, the required front yard setbacks for the RL zoning district twenty feet and the side yard setback is 5 feet with a 15 foot separation between residential structures on adjoining properties. The existing residence at the project site has a front yard setback of 17 feet 5 inches. The existing residence at the project site has side yard setbacks of five feet with 13 foot 9 inches separation between residential structures on adjoining properties. The front and side yard setbacks which were legal under Los Angeles County's jurisdiction when the residence was constructed are now considered legal nonconforming. Additionally, Los Angeles County did not have a required separation between residential structures on adjoining properties. The proposed addition will maintain the existing front and side yard setbacks and existing separation between residential structures on adjoining properties. It will also follow the development line of the existing residence and will not exceed the maximum height or lot coverage allowed in the RL zoning district. Staff believes that approving the Minor Conditional Use Permit as 7 described above for the proposed addition is appropriate and compatible with other residences in the neighborhood because: (1) The project site is an irregular shaped lot. The closest setback will be where the garages are located. Even with the addition, the adjacent resident will maintain twelve foot setback where the habitable space begins. (2) The proposed addition will maintain the existing legal nonconforming 13 feet 9 inches side yard setback between structures and the 17 foot 5 inch front yard setback. (3) With the proposed addition and legal non -conforming front yard setback and legal non -conforming separation between residences will be maintained. (4) By maintaining the existing setbacks and separation between residential structures on adjoining lots, the proposed project is consistent with other homes within the neighborhood located on the curve area of Nan Court. Additionally, the proposed project will add value to and visually enhance the existing residence and neighborhood. (r) The proposed use is consistent with the General Plan and any applicable specific plan; As stated in Item 4(0, the proposed use is consistent with the General Plan and any applicable specific plan. (s) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As stated in Findings (t), (g, (h), (i) and (1) above, the design, location, size and operating characteristics of the proposed addition are compatible with the existing and future land uses in the vicinity, (t) 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; As stated in Findings (0, (g), (h), (i) and (1) above, the project site is physically suitable for the type and density/intensity of proposed addition including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; IV (u) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and As stated in Item 4(0-6), granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. (v) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to site plan, floor plans, roof plan, elevations, demolition plan, and sections collectively labeled as Exhibit "A" dated March 27, 2006, as submitted and approved by the Planning Commission, and as amended herein; (b) Before construction begins, the applicant shall install temporary construction fencing with screening along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction; (c) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; (d) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building N permit; PUBLIC WORKS DIVISION (e) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the walls and elevations of the top of wall/footing and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; (f) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; (g) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits; BUILDING AND SAFETY (h) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (i) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval; (j) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Raymond and Mrs. Laura Wolfe, 24449 Nan Court, 10 Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27th OF MARCH 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 27th day of March 2007, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 11 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-01, Minor Variance No 2007- 01, and Minor Conditional Use Permit No 2007-06 SUBJECT: Addition of 1,512 Square Feet to an existing 2,036 Square Foot Single Family Residence, encroachment of side yard setback, and continuation of legal nonconforming front yard setback. APPLICANT: Mr. Raymond and Mrs Laura Wolfe LOCATION: 24449 Nan Court Diamond Bar CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. (GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2007-01, Minor Variance No. 2007-01, and Minor Conditional Use Permit No. 2007-06 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-01, Minor Variance No. 2007-01, and Minor Conditional Use Permit No. 2007-06, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006 -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. g. All site 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 single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2007-01, Minor Variance No. 2007-01, and Minor Conditional Use Permit No. 2007-06 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC FOL OWINGCONDITIONS:T, (909) 839-7040, FOR COMPLIANCE WITH THE A. GENERAL 1. An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during construction between October 1" and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 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. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-70201 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National 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 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Verify adequate exit requirements. The distance between required exits shall be '/2 of the building diagonal. `.3. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. E>. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 7. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 8. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. g. Specify location of tempered glass as required by code. 10. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). END RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 Space Above Line For COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE DEVELOPMENT REVIEW NO. 2007 -DI & MINOR VARIANCE 2007-01 The undersigned hereby certify that Raymond & Laura Wolfe is the owner(s) of the hereinafter described real property located 24449 Nan Court in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 35 Tract Map No 42573 Assessor's Book and Parcel Number 8701-049-035 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only, and that no portion of the structure(s) or property shall be rented, leased or sold separate and apart from any remaining portions of the property or structures. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. LO DATED: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of 200_ before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR CA 91765 - TEL (909) 839-7030 - FAX (909) 861-3117 AGFWDA ITEM NUMBER: r� . '-1 MEETING DATE: March 27, 2007 CASE/FILE NUMBER Development Review 2005-32 and Negative Declaration N0. 2007-01 PROJECT LOCATION: 1336 Bridge Gate Drive (Lot 18, Tract 39679; APN: 8293-050- 018) APPLICATION REQUEST: Approval to construct a one-story office building approximately 32,000 square feet for medical services — clinic and labs. PROPERTY OWNER Kaiser Foundation Health Plan, Inc. 393 W. Walnut Street Pasadena, CA 91003 APPLICANT: Wood Burghard Swain Architects 4850 Barranca Parkway, Suite 203 Irvine, CA 92604 STAFF RECOMMENDATION: Conditionally approve. DR2005-32 Page 1 BACKGROUND: A. Site Description The proposed project is located within the Gateway Corporate Center which was processed by Los Angeles County and approved in the late 1980's. The project site is approximately 6.19 acres with an existing buildable pad of approximately 3.74 acres. Vegetation consists mostly of indigenous plants and weeds. The slopes behind the buildable pad are vegetated with existing trees, bushes and ground cover that were planted by Gateway Corporate Center. According to the tract map, there are no restricted use or flood hazard areas or easements at the site. B. Site and Surrounding General Plan, Zoning and Use ANALYSIS: A. Applications and Review Authority (Code Sections 22.44 and 22.481 According to the Development Code, non-residential construction of 5,001 square feet or more on a vacant lot requires Development Review. The proposed project is a new 32,000 square feet medical office. The Planning Commission is the review authority for the Development Review application. According to the applicant, Kaiser intends to build a second phase of 13,000 square feet medical office for adjacent Lot 17. It will be submitted in the near future. Both buildings will be connected and will operate as one unit. The second phase will require a separate Development Review application and approval. The total square footage of the project with the second phase is 45,000 square feet. B. Development Review (Code Sections 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living, and attracts the interests of residents and visitors as the result of consistent exemplary design. DR2005-32 Page 2 General Plan Zone Uses Project Site Professional Office OP — Max 1.0 Office, Business Park OB Medical Office North OP OB Office Facilities South Low Density Residential RL — Max. 3 DU/Acre R-1-8,000 Residential East OP OB Office Facilities West OP OB I Office Facilities ANALYSIS: A. Applications and Review Authority (Code Sections 22.44 and 22.481 According to the Development Code, non-residential construction of 5,001 square feet or more on a vacant lot requires Development Review. The proposed project is a new 32,000 square feet medical office. The Planning Commission is the review authority for the Development Review application. According to the applicant, Kaiser intends to build a second phase of 13,000 square feet medical office for adjacent Lot 17. It will be submitted in the near future. Both buildings will be connected and will operate as one unit. The second phase will require a separate Development Review application and approval. The total square footage of the project with the second phase is 45,000 square feet. B. Development Review (Code Sections 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living, and attracts the interests of residents and visitors as the result of consistent exemplary design. DR2005-32 Page 2 1. Development Standards The proposed project is required to meet the City's development standard for the Office Business Park zoning district and the land restrictions and development standards of Gateway Corporate Center. The comparison matrix below shows that the proposed project has met the City's development standards. Furthermore, the proposed project has been approved by Gateway Corporate Center's architectural committee. Development OB Zoning District Gateway Corporate Proposed Meets Feature Requirements Center Stds. Stds. Minimum Lot Area 6,000 sq. ft. acre. Lot 18 - 6.19 acres Subdivided with Yes Pad — 3.74 acres pre -graded lot - 6.19 acres & pad of 3.74 acres Floor Area Ratio 0.25-1.0 FAR N/A 0.25 Yes (FAR) Front setback 30 ft. plus 10 ft. for 25 ft. 75 ft. Yes each additional story over 3 Side setbacks 20 ft. 10 ft. 80 ft Yes Street Side 30 ft. plus 10 ft. for 45 ft. 180 ft. each additional story over 3 Rear setback 30 ft. Toe of slope 45 ft. Yes Building height 8 stories 3 stories or 45 ft. 27 ft. from Yes whichever is less finished grade Parking 1 space per 250 sq. ft. 1space per 180 sq ft Provided 176 Yes of gross floor area gross floor area parking spaces Stall size 19 ft. x 9 ft. 18 ft. x 8 ft. 19 ft. x 9ft. Yes Drive aisle width 26 ft. 26 ft. 26 ft. Yes 2. Architectural Features, Colors, Materials, etc. The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design, and landscape architecture. Additionally, a primary objective is to promote compatibility with adjacent uses in order to minimize any potential negative DR 2005-32 Page 3 impacts. Furthermore, the proposed project is subject to the architectural guidelines of the Gateway Corporate Center designed to create visual unity and continuity within the corporate center. The proposed architectural style of the Kaiser medical office building is Contemporary. The building is a simple geometric form with a barrel vault glass entry that extends nine feet above the building and provides a strong entry statement. Window configuration and size, spandrel glass and reveals are used to accentuate the geometric contemporary form of the building and provide architectural interest. These features are use on all elevations of the building. The barrel vault's height, double windows located vertically on all elevations and the vertical spandrel glass located at the corners of the building, present the appearance of a two-story building. The exterior of the building will have a cement plaster finish in white. Vision and spandrel glass will be used in light to medium green. The architectural style, colors and materials used are consistent with other buildings in the corporate center. 3. Operational Characteristics The proposed Kaiser medical office facility will provide out-patient care, radiology, pharmacy and lab services. Days and hours of operation will be Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12 noon. 4. Grading Retaining Wall and Drainage The project was rough graded with a pad area several years ago. Earthwork quantities to prepare the project site for construction are approximately 4,870 cubic yards of fill and 4,622 cubic yards of cut with 248 cubic yards of import. The cut work will generally occur at the rear portion of the pad. The fill work will generally occur at the middle and front portion of the pad. A retaining wall varying in exposed height from six inches to two and one-half feet is proposed at the top of slope at the corner of Bridge Gate Drive and Copley Drive. The purpose of the retaining wall is to support the fill work at that corner of the pad. The retaining wall will have a cement plaster finish and color that matches the building. Drainage patterns and techniques have been reviewed by the Public Works Department. Conditions of approval have been added to the proposed project to ensure that the project complies with the City's drainage standards and requirements. It is required that all conditions are met prior to the issuance of any City permits. 5. Traffic and Improvement Measures A Traffic Impact Study dated August 18, 2006 was prepared for this project by Linscott Law & Greenspan. The traffic study is based on a 45,000 square foot DR 2005-32 Page 4 medical office building which includes the current (32,000 square feet) and future (13,000 square feet) project. According to the traffic study, the 45,000 square feet of medical offices is expected to generate a total of 1,635 daily trip ends in a 24 hour period. Of this total during a weekday, 112 vehicle trips are expected in the AM peak hour and 168 vehicle trips in the PM peak hour. The traffic study analyzed the following nine intersections in the project area: • Brea Canyon Road/SR 60 Freeway Westbound Ramps • Brea Canyon Road/Golden Springs Drive • Gateway Center Drive/Golden Springs Drive • Valley Vista Drive/Gateway Center Drive • Bridge Gate Drive/Copley Drive • Copley Drive/Golden Springs Drive • Grand Avenue/Golden Springs Drive • Grand Avenue/SR 60 & SR 57 Westbound Ramps • Grand Avenue/ SR 60 & SR 57 Eastbound Ramps Four of the intersections studied need improvement measures to reduce the traffic impacts from this project to less than significant. The traffic improvement measures with the estimated fair -share contribution are as follows: Potential Improvement Measures/Fair-Share Costs Intersection Potential Improvement Measures Estimated Fair -Share Brea Canyon Rd./SR- Widen westbound off -ramp to provide one $13,031.00 60 WB Ramps exclusive left -turn lane & dual right -turn only lanes Brea Canyon Widen NB approach; add right -turn only $18,893.00 Rd./Golden Springs lane & 1 exclusive left -turn lane, 2 through Dr. lanes & 1 right -turn lane. Widen SB approach/departure to add another right - turn lane & dual left -turn lanes, 2 through lanes & dual right -turn only lanes. Modify traffic signal to provide NB right -turn overlap with the WB left -turn phasing. DR 2005--32 Page 5 Intersection Potential Improvement Measures Estimated Fair -Share Grand Ave./ Golden Widen NB approach/departure to add a $136,835.00 Springs Dr. through lane & provide dual left -turn lanes, 2 through lanes & 1 shared through/right- turn lane. Widen SB approach/ departure to add a through lane & convert existing right - turn only land to free-flow & dual left -turn lanes, 3 through lanes & a free-flow right - turn lane. Widen WB approach to add a through lane & the following: dual left -turn lanes, 2 through lanes & 1 shared through/right. Grand Ave./SR-57 Restripe NB approach on Grand Ave. to $5,974.00 NB/SR-60 EB Ramps provide 1 through lane, 1 shared through/right-turn lane $ 1 right -turn only lane Total estimate for Fair -share contribution $174,733.00 The $174,733.00 fair -share contribution is for both medical office buildings. At building permit issuance, the applicant is required to submit $125,754.00 to the City for traffic improvement measures on the first phase of the project. The remainder of the fair -share contribution will be submitted at the time of permit issuance for the second phase. 6. Site Access One driveway is proposed at Bridge Gate Drive. This driveway will be 40 feet wide. Because of the steepness of the slope along Bridge Gate Drive, the closest point to have a driveway is the most southerly side of the project site. At this location, the slope is not as steep as it is elsewhere along Bridge Gate Drive. When the second phase is built on Lot 17, a second driveway will be constructed and the traffic circulation will be interconnected. 7. Landscaping and Hardscape A landscape and irrigation plan was submitted with this project's application. The applicant is required to submit a final landscape and irrigation plan for the project site prior to the issuance of any City permits. The landscape plan shall include special landscape treatment for the corner of Copley Drive and Bridge Gate Drive and driveway entry and enhanced hardscape material, color and pattern design of sidewalks, driveway and building entry. The landscape and irrigation plan will be plan checked for compliance with the City's water efficient DR 2005-32 Page 6 landscape standards. All landscape, irrigation and hardscape shall be installed prior to final inspection or Certificate of Occupancy. C. Negative Declaration Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has prepared an Initial Study and determined that a Negative Declaration (ND) is required for this project. Negative Declaration No. 2007-01 was prepared by the City. 1. Purpose of a ND: A ND is an informational document that evaluates whether or not there is substantial evidence that a project will have the potential to significantly effect the environment. It is used to guide and assist the City staff, Planning Commission, City Council, and public in the consideration and evaluation of potential environmental implications that may result from the proposed project's development. A ND may be prepared if the Initial Study identifies a potentially significant effect for which the applicant has made or agrees to make project revisions that clearly mitigate the effects to a level of less than significant. In this case, the applicant has agreed to traffic improvement measure. The traffic improvement measures are incorporated as conditions for approval. 2. Notice of Availability and Intent to Adopt Once the ND is prepared, a Notice of Availability and in this case an Intent to Adopt a ND is prepared, sent to the County Clerk and distributed to agencies that have or may have the responsibility for providing service to the project or may be impacted by the project for review and response. The response period is typically 20 days. As a result, the Notice of Availability and Intent to Adopt for this project was circulated on March 2, 2007 with the review period ending on March 21, 2007. 3. Environmental Factors and Effects Analyzed In the ND The Initial Study process for this project determined that the following environmental issues will have "no impact" or "less than significant impact". Aesthetics Biolo ical Resources .Agricultural Resources Population/Housing Land Use and Planning Recreation Mineral Resources Cultural Resources Hydrology and Water Quality Noise Geology/Soils Air Quality Public Services Utilities and Service Systems DR 2005--32 Page 7 The environmental issues related to traffic could potentially have a significant effect on the environment. However, the applicant has agreed to contribute their "fair -share" for traffic improvement measures discussed above to reduce the "potentially significant" effect on the environment to "less than significant". 4. Public Review Period/Response to Comments At the conclusion of the public review period, comments received are responded to and included as part of the ND that is reviewed by the decision makers. E. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared an Initial Study and determined that this project requires a Negative Declaration. Negative Declaration No. 2007-01 was required for this project. Pursuant to CEQA Section 15105, the 20 day public review period for the Negative Declaration began March 2, 2007 and ended March 21, 2007. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on March 2, 2007. On February 28, 2007, public hearing notices were mailed to approximately 27 property owners within a 1,000 -foot radius of the project site and posted in three public places. On March 2, 2007, the project site was posted with a public hearing notice display board. RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 2007-01, Development Review No. 2005-32, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: - a Al u, 'soci`Planner for DR2005-32 Page 8 Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, roof plan, sections, preliminary grading plan, preliminary landscape and irrigation plan, elevations and materials/colors board dated March 27, 2007; and 3. Aerial. DR 200532 Page 9 PLANNING COMMISSION RESOLUTION NO. 2007 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-32 AND NEGATIVE DECLARATION NO. 2007-01, A REQUEST TO CONSTRUCT A ONE-STORY MEDICAL OFFICE BUILDING OF APPROXIMATELY 32,000 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 1336 BRIDGE GATE DRIVE (LOT 18, TRACT NO. 39679; APN: 8793-050-0183), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Kaiser Foundation Health Plan and applicant, Wood Burghard Swain Architects, have filed an application for Development Review No. 2005-32 and Negative Declaration No. 2007-01 for a property located at 1336 Bridge Gate Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Negative Declaration shall be referred to as the "Application." 2. On March 2, 2007, notification of the public hearing forthis projectwas provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, public notice was posted in three public places and project site was posted with a display board. On February 28, 2007, public hearing notices were mailed to approximately 27 property owners within a 1,000 -foot radius of the project site, 3. On March 27, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1 _ This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution required a Negative Declaration. Negative Declaration No. 2007-01 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 day public review period for the Negative Declaration began March 2, 2007, and ended March 21, 2007. Furthermore, the Planning Commission has reviewed the Negative Declaration and related documents in reference to the Application. 1 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The proposed project is located within a large-scale business park identified as Gateway Corporate Center which was processed by Los Angeles County and approved in the late 1980's. The project site is approximately 6.19 acres with an existing grading buildable pad of approximately 3.74 acres. The pad is denude of vegetation with the exception of moderate weed growth. The slopes on site are vegetated with existing trees, bushes and ground cover that were planted by Gateway Corporate Center. According to the tract map, there are no restricted use or flood hazard areas or easements at the site. (b) The project site has a General Plan land use designation of Professional Office (OP). (c) The project site is within the Office, Business Park (OP) zoning district. (d) Generally, the following zones and uses surround the project site: to the north, east and west is the OB zoning district with office uses; to the south is the R-1-8,000 zoning district with single-family homes. (e) The Application request is for Development Review approval to construct a one-story, 32,000 square foot office building on a vacant lot of approximately 6.19 acres with a buildable pad of 3.74 acres. The building will be used by Kaiser for a medical clinic with out-patient services, radiology, pharmacy and labs. Development Review (f) On July 25, 1995, the City adopted its General Plan. Gateway Corporate Center where the project site is located and the project site (Lot 18 of Tract No. 39679 was established prior to the City's incorporation, General Plan's adoption and under the jurisdiction of Los Angeles County. Additionally, the project site has a pre -graded pad of 3.74 acres that was done under the County's jurisdiction. The General Plan land use designation for the project site is Professional Office (OP) which provides forthe establishment of office -based working environments for general, professional and administrative offices, as well as support uses. 2 The proposed project meets the General Plan criteria for the OP land use designation. Therefore, the project site is in compliance with the General Plan. The project site is within the Office, Business Park zoning district. Pursuant to the Development Code, the OB zoning district is intended for areas appropriate for large scale, headquarter -type office facilities and business park developments and similar and related uses. Additionally, the development standards of the OB zoning district apply to this project. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix in the staff report. The proposed architectural style of the Kaiser medical office building is Contemporary. The building is a simple geometric form with a barrel vault glass entry that extends nine feet above the building and provides a strong entry statement. Window configuration and size, spandrel glass and reveals are used to accentuate the geometric contemporary form of the building and provide architectural interest. These features are use on all elevations of the building. The exterior of the building will have a cement plaster finish in white. Vision and spandrel glass will be used in light to medium green. The architectural style, colors and materials used are consistent with other buildings in the corporate center. Additionally, as designed, the proposed project is consistent with City's Design Guidelines and has obtained the approval of Gateway Corporate Center's architectural committee. (g) As referenced above in finding (f), the proposed project's design and layout will not interfere with the use and enjoyment of neighboring existing or future development. The proposed 32,000 square foot, one- story medical office building can be accommodated at the project site and the size of the project is not unusual for Gateway Corporate Center. Additionally, the architectural style, color and materials proposed are compatible with existing development in the corporate center. Furthermore, this project has been approved by Gateway Corporate Center's architectural committee. A Traffic Impact Study dated August 18, 2006 was prepared for this project by Linscott Law & Greenspan. The traffic study is based on a 45,000 square foot medical office building which includes the current and future project. According to the traffic study, the 45,000 square feet of medical offices is expected to generate a total of 1,635 daily trip ends in a 24 hour period. Of this total during a weekday, 112 vehicle trips are expected in the AM peak hour and 168 vehicle trips in the PM peak hour. The traffic study analyzed the following nine intersections in the project area: • Brea Canyon Road/SR 60 Freeway Westbound Ramps • Brea Canyon Road/Golden Springs Drive • Gateway Center Drive/Golden Springs Drive • Valley Vista Drive/Gateway Center Drive • Bridge Gate Drive/Copley Drive • Copley Drive/Golden Springs Drive • Grand Avenue/Golden Springs Drive • Grand Avenue/SR 60 & SR 57 Westbound Ramps • Grand Avenue/ SR 60 & SR 57 Eastbound Ramps Four of the intersections studied need improvement measures to reduce the traffic impacts from this project to less than significant. The traffic improvement measures with the estimated fair -share contribution are as follows: Potential Improvement Measures/Fair-Share Costs Intersection Potential Improvement Measures Estimated Fair - Share Brea Canyon Widen westbound off -ramp to provide one $13,031.00 Rd./SR-60 WB exclusive left -turn lane & dual right -turn Ramps only lanes Brea Canyon Widen NB approach; add right -turn only $18,893.00 Rd./Golden lane & 1 exclusive left -turn lane, 2 Springs Dr. through lanes & 1 right -turn lane. Widen SB approachldeparture to add another right -turn lane & dual left -turn lanes, 2 through lanes & dual right -turn only lanes. Modify traffic signal to provide NB right -turn overlap with the W13 left -turn phasing. Grand Ave./ Widen NB approach/departure to add a $136,835.00 Golden Springs Dr. through lane & provide dual left -turn lanes, 2 through lanes & 1 shared through/right-turn lane. Widen SB approach/ departure to add a through lane & convert existing right -turn only land to free-flow & dual left -turn lanes, 3 through lanes & a free-flow right -turn lane. Widen WB approach to add a through lane & the following: dual left - turn lanes, 2 through lanes & 1 shared through/right. Grand Ave./SR-57 Restripe NB approach on Grand Ave. to $5,974.00 NB/SR-60 EB provide 1 through lane, 1 shared Ramps through/right-turn lane $ 1 right -turn only lane Total estimate for Fair -share contribution $174,733.00 4 The $174,733.00 fair -share contribution is for both medical office buildings. At building permit issuance, the applicant is required to submit $125,754.00 to the City for traffic improvement measures on the first phase of the project. The remainder of the fair -share contribution will be submitted at the time of permit issuance for the second phase. (h) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the Ob zoning district, the City's Design Guidelines and Gateway Corporate Center's Design Guideline. There is not a specific plan for the project area. (i) As referenced in the above findings (f), (g), and (h), the proposed project provides a desirable environment for its occupants and visiting public as well as its neighboring businesses through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (j) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared an Initial Study and determined that this project requires a Negative Declaration. Negative Declaration No. 2007-01 was required for this project. Pursuant to CEQA Section 15105, the 20 day public review period for the Negative Declaration began March 2, 2007 and ended March 21, 2007. :�. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the project site for Planning Division approval_ The final landscape plan shall delineate the following: a. All plant species, size, quantity and location; b. Hardscape textures and materials for sidewalks, driveway and building entry; and C. Special landscape treatment for the corner of Copley Drive and Bridge Gate Drive The landscape and irrigation plan shall be plan checked for 61 compliance with the City's water efficiency landscape standards. All landscaping, irrigation and hardscape shall be installed prior the final inspection and Certificate of occupancy issuance. 2. Prior to plan check submittal, applicant shall submit a detail of the trash and recycle bin enclosure and patio area locate at the rear of the building for Planning Division approval 3. All roof top equipment shall be screened from public view. 4. Prior to plan check submittal, applicant shall submit a detailed exterior lighting plan for Planning Division approval. 5. Building finish shall be smooth and resemble concrete. Sand float or Santa Barbara finish shall not be allowed. 6. Applicant shall submit all signs for the site for the review and approval of the Planning Division. B. Building and Safety Division Prior to the issuance of any City permits, the applicant shall obtain the approval of the Los Angeles County Fire Department and the State architect. 2. Prior to plan check submittal, the applicant shall provide code analysis for the project including construction type, group occupancy, square footage, exist analysis, occupant load, rated corridors, area separation, occupancy separation for x-ray rooms and between the lobby area and remainder of the building., 3. Plan shall specify the location of tempered glass as required by code. 4. Bathroom lights shall be florescent. 5. Doors shall not encroach into the required corridor width. 6. Prior to the issuance of any City permits, applicant shall submit grading plans that clearly show finished elevations, drainage, and retaining wall locations. C. Public Works Division The total "fair -share" contribution for traffic improvement measures for both phases of this project is $174,733.00. At the issuance of building permit, the applicant shall submit their "fair -share" contribution of $125,754.00 for the first phase of project. The remaining fair -share" contribution shall be submitted at issuance of building permit of the second phase. If the second phase has not received final inspect or Certificate of Occupancy by December 31, 2008, the traffic improvement measures shall be reviewed again to ensure that further traffic improvement measures are not needed. 2. Grading plan shall delineate the sewer lateral to the property line. If taping into the mainline sewer is necessary to construct a sewer lateral, the applicant shall obtain a saddle permit for the Public Works Division prior to installation. 3. All existing off-site pedestrian accesses (i.e., sidewalks, handicap ramps, etc.) located adjacent to the project site shall be upgraded and/or retrofitted to meet the requirements of the Americans with Disabilities Act (ADA). 4. Applicant shall obtain encroachment permits from the Public Works Division for off-site improvements such as, but not limited to, driveway approaches, sewer and storm drain main connections, curb and parkway drains and utilities prior to commencing work. All improvements shall be approved by the City Engineer and completed prior to final inspection or Certificate of Occupancy. 5. The project site was rough graded years ago. The final grading shall comply with the current code requirement. The applicant shall submit as built grading plans which show the limits of any certified graded areas. 6. Prior to the issuance of any City permits, the applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) for the City's review and approval. 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: Kaiser Foundation Health Plan, Inc., 393 W. Walnut Street, Pasadena, CA 91003 and Wood Burghard Swain Architects, 4850 Barranca Parkway, Suite 203, Irvine, CA 92604 APPROVED AND ADOPTED THIS 27TH OF MARCH 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, Acting 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 the27th day of March 2007, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Nancy Fong, Secretary COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2005-32 and Negative Declaration No 2007-01 SUBJECT: Construct a one sto 32,000 square foot medical office building PROPERTY OWNER: Kaiser Foundation Health Plan, Inc. APPLICANT: Wood Burghard Swain Architects LOCATION: 1336 Bridge Gate Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2005-32 and Negative Declaration No. 2007-01 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2005-32 and Negative Declaration No. 2007-01, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2007 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. Property 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 Fire Department. B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading 10 permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits The approval of Development Review No. 2005-32 shall expire within two years from the date of approval if the use has , not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" dated March 27, 2007 including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. E. SoLd Waste The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 111 4. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE PUBLIC ORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THEFOLLOWING A. General 1. Applicant shall follow special requirements as required by the City Engineer for construction in a Restricted Use Area. No portion of the habitable structure shall be located in the Restricted Use Area and a Covenant and Agreement to construct in a Restricted Use Area shall be recorded and returned to the City prior to the issuance of any grading or retaining wall permits. 2. An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 3. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 4 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 REPORTIGRADINGIRETAINING WALLS 1. Prior to grading plans the State of California (shall be submittedreport prepared yby heoappl cant Engineer, licensed by for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 12 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 10. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 11. If applicable, submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport, prior to grading plan check submittal. 12. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 13. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13 14. Final grade certifications by project soils and civil engineers shall any submitted f nal to the Public Works Department prior to the issuance of an project inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be lldrainage course. No on-sedrainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer Engineer and Los Angeles Public Woin the rks of California to te satisfaction of the City Department g D. OFF-SITE STREET IMPROVEMENTS 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2, Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purpose shall be offered and shown on the detailed site plan for dedication to the City or affected utility company. 2. Will Serve Letters shall be submitted stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City from all utilities such as, but not limited to, phone, gas, water, electric, and cable. 3. Applicant shall relocate and underground any ivxi ting owner. utilities to the satisfaction of the City Engineer and 4. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 14 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division. Sewer plans shall be submitted for review and approval by the City. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval is required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 7. Project shall comply with energy conservation requirements of the State of California Energy Commission. 15 s . Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 9. Specify location of tempered glass as required by code. 10. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 11. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 12. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 16 Kaiser Permanente Negative Declaration No. 2007-01 NEGATIVE DECLARATION NO. 2007-01 DEVELOPMENT REVIEW NO. 2005-32 KAISER PERMANENTE DIAMOND BAR MEDICAL OFFICE 1336 BRIDGE GATE DRIVE DIAMOND BAR, CA 91765 Prepared by: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 (909) 839-7030 Contact: Ann J. Lungu Associate Planner Page i of 51 TABLE OF CONTENTS February 23, 2007 Section Page ExecutiveSummary .......................................................................................................... Section1.0 .... Introduction ......................................................:............................................. 4 1.1 Purpose of Initial Study...................................................................................... 4 1.2 Summary of Findings......................................................................................... 4 1.3 Project Approval................................................................................................ 5 1.4 Organization of the Initial Study......................................................................... 5 Section 2.0 Project Location and Environmental Setting ................................................. 7 2.1 Project Location................................................................................................. 7 2.2 Environmental Setting........................................................................................ 7 2.3 Project Description............................................................................................. 7 2.4 Estimate Project Schedule............................................................................... 12 2.5 Related Projects ..................................... Section 3.0 Environmental Checklist Form 13 3.1 ..................................................................... Aesthetics 3.2 ..................................................................................................15 Agricultural Resources 3.3 ............................................................. ... ..................... Air Quality 16 3.4 .................................................................................................. Biological Resources 17 3.5 ....................................................................................... Cultural Resources 20 3.6 ........................................................................ Geology and Soils 3.7 ............................................................................................ Hazards/Hazardous Materials 23 3.8 .......................................................................... Hydrology and Water Quality 25 ........................................................................... 28 3.9 Land Use and Planning................................................................................... 32 3.10 Mineral Resources 3.11 ........................................................................................... Noise 33 3.12 Population and Housing 34 3.13 ................................................................................... Public Services 36 ................................................................................................ 37 3.14 Recreation..................................................................................................38 3.15 Transportation and Traffic ................................................................................ 39 3.16 Utilities and Service Systems........................................................................... 44 3.17 Mandatory Findings of Significance ................................................................. 46 Section 4.0 Report Preparers and Contributors.............................................................. 48 .................... Section 5.0 References ................... Kaiser Permanente, 1336 Bridge Gate Dr. Negative Declaration No. 2007-01 TABLES Page Table 3.1 Construction Emissions and SCAWMDSSignificanceicance Thresholds .............•...................• 18 3.2 Operational Emissions and SCAW 9 ... 40 .. ............................... 3.4 Daily Trip Ends/AM/PM/Peak Hour Volumes ....................... • .• • 41 3.5 Volume to Capacity Ratios/Level of Service AM/PM Peak Hours ................. 42 3.6 Potential Improvement Measures/Fair-Share Cost ....................................••• LIST OF FIGURES Page Egure 2-1 Regional Location..................................................................................... 8 Local Vicinity....................................................................................... 2-2 .......................... .......... 10 ...................................................... 2-3 Existing Land Uses ............................. . 11 2-4 Proposed Kaiser Medical Office Building Site Plan ....................................................... Page 2 of 49 Kaiser Permanente, 1336 Bridge Gate Dr. Negative Declaration No. 2007-01 EXECUTIVE SUMMARY The City of Diamond Bar has received and deemed complete an application from Wood Burghard Swain, Architects (applicant) for Kaiser Foundation Health Plan, Inc. (property owner) for the construction of a one-story, 32,000 -square -foot medical office building to be used for medical services, clinic and labs. The applicant and property owner are seeking City approval to allow the development of this project. This project's development requires a discretionary approval, Development Review, which is an architectural and site design review. An Initial Study and Negative Declaration have been prepared by the City of Diamond Bar in compliance with Sections 15063(a) and 15070 (et seq.) of the California Environmental Quality Act (CEQA). Through the Initial Study process, the City has determined that there is no substantial evidence that any aspect of the proposed project may cause a significant effect on the environment. Therefore, a Negative Declaration has been prepared. The impact analysis considers Standard Conditions of Approval which are based on local, state, or federal regulations or laws that are frequently required independent of CEQA, review yet also serve to offset or prevent certain impacts. Because Standard Conditions of Approval are incorporated either in the project design or as part of project's implementation, they do not constitute mitigation measures as defined by CEQA.. Page 3 of 49 Declaration SECTION 1.0 INTRODUCTION 1.1 PURPOSE OF THE INITIAL STUDY In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.) and its Guidelines (California Code of Regulations §15000 et udy (IS) has been prepared as documentation for a Negative seq.), this Initial St Declaration (ND) for the proposed construction of a one-story, 32,000 -square -foot linic located at 133 medical office building to be used for medical dthebproposed pro)ect Bridgegate Drive. This Initial Study includesa description of location of the project site, evaluation of the potential environmental impacts and findings from the environmental review. included federaloject are regulations odraaws t at1ons are of Approval which are based on local, state, to offset frequently required independent of CEQA review t ons of Approval tlso sareenco incorporated prevent certain impacts. Because Standard Conditions implementation, they do not constitute the project design or as part of p j P mitigation measures as defined by CEQA. Pursuant to Section 15367 of the State CEQA the Guidelines, ubl cagelty of ncy that hasnth eprinc pal ar is the lead agency for the project. The lead agency ro project.public The City of Diamond Bar, as the responsibility for carrying out or approving p approval and adoption of the lead agency, shall have the authorityfor project accompanying environmental documentation. 1.2 SUMMARY OF FINDINGS Based on the environmental checklist form prepared for the project and supporting environmental analysis, the proposed project would have no impact or less than significant impacts in the following environmental impact areas: • Aesthetics • Agricultural Resources • Biological Resources • Geology/Soils • HydrologyNVater Quality • Land Use/Planning • Mineral Resources • Population and Housing • Public Services • Recreation • Utilities/Service Systems • Traffic[Transportation • Air Quality • Cultural Resources • Hazards/Hazardous Materials Noise According to the CEQA Guidelines, it is appropriate to prepare a Negative Declaration for the proposed project because the proposed project will not have a significant effect on the environment. Page 4 of 49 1.3 PROJECT APPROVAL The Initial Study and proposed Negative Declaration have been submitted to potentially affected agencies. There will be a 20 -day public review period for the Initial Study/Negative Declaration, in accordance with Section 15073 of the CEQA Guidelines. Notices of Availability and Intent to Adopt the Initial Study/Negative Declaration have been posted on the project site and at the Los Angeles County Clerk's Office. The Initial Study)'Negative Declaration and associated technical reports are available for review at the Community Development Department/ Planning Division, Diamond Bar City Hall. In reviewing the Initial Study/Negative Declaration, the reviewer should focus on the sufficiency of the document in identifying and analyzing the potential impacts on the environment and ways in which the potentially significant effects of the project are avoided or mitigated through components of the project. Comments on the analysis contained herein may be sent to: Ann J. Lungu Associate Planner City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Following receipt of and evaluation of comments from agencies, organizations, and/or individuals, the City will determine whether any substantial new environmental issues have been raised. If not, or if the new issues do not provide substantial evidence that the project will have a significant effect on the environment, the project and environmental documentation will be presented to the Planning Commission for action March 27, 2007. 1.4 ORGANIZATION OF THE INITIAL STUDY The Initial Study is organized into the following sections: Section 1 — Introduction. This section provides an introduction to the Initial Study/Negative Declaration process and a brief overview of the results of the Initial Study analysis. Section 2 — Project Location and Environmental Setting. This section provides a detailed description of the proposed project's physical and operational characteristics, the project location, the project objectives, and describes the existing environmental setting of the project area. Section 3 — Environmental Checklist Form. The completed CEQA checklist form gives an overview of the potential impacts that may or may not result from project implementation. The environmental checklist form also includes "mandatory findings of significance" required by CEQA. This section also contains the analysis of environmental impacts identified in the environmental checklist and identifies mitigation measures that have been recommended to eliminate potential significant effects or reduce them to a level that is considered 5 of 49 less than significant. For this project, there are no mitigation measures only the c+anrinrd conditions of approval Section 4 — Report Preparers and individuals responsible for preparing proposed Negative Declaration. This section lists those references used in preparation Contributors. This section lists those and contributing to the Initial Study and Section 5 — References of the Initial Study. of 49 SECTION 2.0 PROJECT LOCATION AND ENVIRONMENTAL SETTING 2.1 PROJECT LOCATION The proposed project is located at 1336 Bridge Gate Drive (Lot 18 of Tract 39679) within Gateway Corporate Center. The project site is on the corner of Copley Drive and Bridge Gate Drive. It is bound on the north by Bridge Gate Drive; on the south by a slope and open space of the corporate center; on the east by an existing office building; and on the west by vacant Lot 17 also owned by Kaiser. Local access is primarily from Grand Avenue and Golden Springs Drive (Figure 2-1 Regional and Local Figure 2-2). 2.2 ENVIRONMENTAL SETTING The project site is located within Gateway Corporate Center, a 255 -acre business park servicing the eastern San Gabriel Valley's demand for professional office facilities in a location with regional access. Development within the corporate center can generally be characterized as professional office, research and development, and commercial. Los Angeles County approved the corporate center with extensive attention placed on compatibility with the community through the Unilateral Contract/Gateway Corporate Center Design Guidelines, which the City adopted upon incorporation. The project site is zoned OB (Office, Business Park) and the General Plan designation is Professional Office (OP). It is approximately 6.19 acres, mass graded as part of the overall grading for Gateway Corporate Center. The property is vacant with an existing graded pad of approximately 3.74 acres. The pad area is denude of vegetation with the exception of moderate weed growth. The descending slopes are vegetated with existing trees, bushes and ground cover planted by Gateway Corporate Center. The project site (Lot 18) is one of the last two lots (vacant Lot 17/also owned by Kaiser) of the total 23 lots in the corporate center not developed. 2.3 PROJECT DESCRIPTION The proposed project consists of the construction of a one-story, 32,000 -square -foot medical office building to be used for a medical services clinic and labs. Project also includes 174 parking spaces, landscaping and irrigation and enhanced pavement areas. Main access to the project site is on Bridge Gate Drive. Secondary access points are proposed on Bridge Gate Drive and Copley Drive. In accordance with Title 22 of the City of Diamond Bar Development Code, the project requires the approval of Development Review No. 2005-32. This application is for architectural and site design review for proposed project. 7 of 49 Rd Heights Page a of 49 Figure 2-1 Regional Location Subject site ti C;opyr�ht - LA Asaa sso r f lR..t 6 f k ga { Y ! x o t or � � a �J( , F"��y"- tY' y j' fr � ' � ✓: .. 7irf1V� `i", .b' [ J!^"' . .,« r1 d� .k ' es a .�` �Y •} _# :—.. �'•�^ c �. %' •. • �,fl'� �i :� �'L ,� 1 t Pper' � t ei'" �5i' �' _� ..� . 1 +>iy`15`r�°f,{•.<F v it F { .4�' y x" � ` Cnu P"�:"„g9�.y, •iJ,,.� k ��'� ! � �� '� * � ^rte �� .... � �.✓ , Subj fCxz.: ��It �yr }=�- �:.,e fit Art- .... .i rrf+t� w. x a s W _ [ -'m,� . •^'ty , e FIGURE 2-4 PROPOSED KAISER PERMANENTE MEDICAL OFFICE BUILDING 2.4 ESTIMATED PROJECT SCHEDULE The proposed project would be developed in one phase. It is estimated that construction will begin in April 2007. The construction activities will take approximately nine months. 2.5 RELATED PROJECTS there is a mixed In the vicinity of the approved p Environyone half mile east, mental Impact Report certified by the used development thatat was ppo ed and is City Council on June 29, 2004. The project che'dentified as southeast cornea ofdt eaint Village. lrsectiont of approximately 70.5 acres and located o roved project consists of construction residentiality Golden Springs Drive and Grand Avenue. The app p 100 square feet of of a complementary mix of18 0 high -dens commercial -retail and an additional 50,000square feetof institutional use for an existing has been church facility. The maim retail use, a business since October 2006. -soot quare ChTarget restaurant has been constructed and opened for approximately 20,000 -square - foot and construction will be complete in 2007. An app Y foot addition is proposed for the existing 92,000 -square -foot church facility. The uses for the remaining square footage have not been determined. The Kaiser medical office building analyis kes oSectiolnd 3 OIon indicatesicDalamond tes that Bar Village project. The environmental analysisprovidedn proposed project, in conjunction with the Diamond Bar Village project identified above, would not result in significant cumulative environmental impacts. Page 12 of 49 Section 3.0 Environmental Checklist Form This section includes the completed environmental checklist form. The checklist form is used to assist in evaluating the potential environmental impacts of the proposed project. The checklist form identifies whether the project is expected to have significant impacts. Substantiation and clarification for each checklist response is provided below each environmental topic. 1. Project title: 2. Lead agency name and address: Kaiser Permanente Medical Office Building City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 3. Contact person and phone number: Ann J. Lungu, Associate Planner (909) 839-7032 4. Project Location: 5. Project/Property Owner: 6. General Plan designation 7. Zoning: 8. Description of Project: 1336 Bridge Gate Drive. Kaiser Foundation Health Plan, Inc. 393 W. Walnut Street Pasadena, CA 91003 Professional Office (OP) Office, Business Park (OB) The proposed project consists of the construction of a one-story, 32,000 -square - foot medical office building to be used for a jnedical services clinic and labs. The project also includes 174 parking spaces, landscaping and irrigation, and enhanced pavement areas. Main access to the project site is on Bridge Gate Drive. Secondary access points are proposed on Bridge Gate Drive and Copley Drive. 9. Surrounding land uses and setting: The project site is located within the Gateway Corporate Center. It is surrounded by the OB zoning district with a variety of office uses to the north, west and east. South of the project site is a slope area (open space) that buffers the corporate center from existing residential development in the R-1-8,000 zoning district. 10. Other public agencies whose approval is required: Permits required from Los Angeles County Fire Department; Los Angeles County Sanitation District for sewer connection; and Walnut Valley Water District. Nage 13 of 49 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: ® AestheticNisual 13 Biological Resources ® Hazards & Hazardous Materials ❑ Mineral Resources ® Public Services ® Utilities/Service Systems DETERMINATION: On the basis of this initial evaluation: I find that the pr I pEGATIVE DECLARATION O II be prepared.significant environment, and a ❑ Agricultural Resources ❑ Cultural Resources ® Hydrology/Water Quality 70 - ❑ Recreation ® Air Quality ® Geology/Soils ® Land Use/Planning ❑ Population/Housing ® Transportation/Traffic ❑ Mandatory Findings of Significance W FE U W effect on the ff -n the I find that although the proposed project coulect d his casehave a becauserevisions n the environment, there will not be a project have been made by or agreedtoy the project proponent. A MITIGATE NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY on the enve a vironmely nt, but bultlcant at lease one effect 1)act" or has significant unless mitigated impact livable legal standards, been adequately analyzed in an earlier document pursuant to app and 2) has been addressed by AnI ENVIRONMENTALaMPACTsed on tREPOhe IRT s required, ed described on attached sheets. but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a. significant beenc analyzed onthe environment, because all potentially significant effects (a) adequately in an earlier EIR or NEGATIVE mitigated pu ION por watt ant toIiappli Rble standards, and (b) have been avoided NEGATIVE DECLARATION, including revisions er or fmditigation measures that are impose upon the proposed project, nothing oSinature o ea envy epresentative 0ea Ann J. Lun u Associate Planner Printed name Page 14 of 49 �- D Date City of Diamond Bar Agency Kaiser Medical Office Building ative Declaration No. 2007-01 ENVIRONMENTAL ASSESSMENT 3.1 AESTHETICS Potentially Significant Im act Less Than Significant With Miti ation Less Than Significant Impact No Impact Would theproject: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ 21 b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic ❑ ❑ ❑ buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? E] El d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the ❑ ❑ ® ❑ area? 3.1.1 AESTHETICS ANALYSIS a) No Impact. The proposed project is located in an existing corporate center approved by Los Angeles County and completed in 1986. The project site was mass graded as a part of the overall grading for the corporate center. The mass grading incorporated buildable pads for each lot including the project site. The proposed project will be developed in compliance with Gateway Corporate Center Design Guidelines and the City's Development Code and Design Guidelines. The proposed project has been approved by the architectural committee of Gateway Corporate Center. Pursuant to the corporate center's guidelines, the project site allows for a three-story office building or a maximum height of 45 feet. The proposed building is one story and 18 feet high with an entry area in the center of the building that is 27 feet high. The existing residential development located south of the project site is at least 100 feet higher (elevation 840 feet) than the buildable pad (elevation of 737 feet) of the project site. Also, the project site is located in a developed urban area. There are no scenic vistas within or adjacent Ito the project site. Therefore it is anticipated that the project will not have a substantial adverse effect on a scenic vista b) No Impact. Because the project site is in an urbanized area, surrounded by development and does not contain scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway, it is expected that the proposed project will not substantially damage any scenic resources such as trees, rock outcroppings, or historic buildings. c) No impact. The proposed project will result in the construction of a one-story building for medical offices in Gateway Corporate Center establish for a variety of office uses. The project has the approval of Gateway Corporate Center's architectural committed and complies with the City's development standards for the corporate center and OB zoning district. The office building's style and materials and colors used are compatible with other buildings in the corporate center. The proposed project will be a high-quality development that reflects the Page 15 of 49 Kaiser Medical Office Building iative Declaration No. 2007-01 sophisticated corporate image of the Gateway Corporate Center. Therefore, the proposed project will not substantially degrade the existing visual character or quality of the site and its surroundings. d) Less than Significant impact. The only new source of light and glare may emanate from the sunlight reflected on the windows. The building is a combination of cement plaster and glass. With a majority of the building being cement plaster and constructed as a one-story, it is not anticipated the light and glare will adversely affect the day or nighttime views in the area. Furthermore, on-site lighting will be shielded and installed in a manner that will not reflect light or glare on to neighboring properties and public streets as set forth the in the Diamond Bar Development Code. 3.1.2 CUMULATIVE IMPACTS All construction -related visual impacts would be temporary and cumulative impacts would be less than significant. The cumulative impact of the completed project would be less than significant because the project is consistent and compatible with the development standards of Gateway Corporate Center, the City's development standards and design guidelines. 3.1.3 STANDARD CONDITIONS OF APPROVAL ■ All outdoor lighting shall comply with Development Code Section 22.16.050 - Exterior Lighting. Less Than Potentially Significant Less Than 3.2 AGRICULTURAL RESOURCES Significant With significant No Imnact Mitigation Impact Impa Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as ❑ ❑ shown on the maps prepared pursuant to the Farmland ❑ Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ❑ ❑ ❑ Williamson Act contract? c) Involve other changes in the existing environment ❑ which, due to their location or nature, could result in ❑ conversion of Farmland, to non-agricultural use? 3.2.1 AGRICULTURAL RESOURCES ANALYSIS a) No impact. There are no agricultural activities on or near the proposed project site. The subject site is within an urban area. Existing uses in the area include various office uses, residential and commercial. The project will not convert land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Page 16 of 49 Kaiser Medical Office Building native Declaration No. 2007-01 Importance, according to 1997 Natural Resource Conservation Service mapping, to non-agricultural uses. b) No Impact. The project site is currently zoned Office, Business Park (OB) and will not conflict with agricultural zoning. The project site is not covered by a Williamson Act contract. c) No Impact. The proposed project is within a highly urbanized area and would not impact any agricultural land or farmland. 3.2.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact agricultural resources. 3.2.3 STANDARD CONDITIONS OF APPROVAL None. 3.3 AIR QUALITY Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impa Would theproject: a) Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ ❑ b) Violate any air quality standard or contribute substantially to an existing or projected air quality ❑ ❑ ® ❑ violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non - attainment under an applicable federal or state ambient ❑ ❑ ® ❑ air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ concentrations? ❑ e) Create objectionable odors affecting a substantial El ElEl number of people? 3.3.1 AIR QUALITY ANALYSIS. a) No Impact. The proposed project does not involve long-term changes to land use or other growth -inducing actions that could impact compliance with or implementation of the Air Quality Management Plan. b) Less than Significant Impact. Construction activities related to the proposed project will not impact air quality. Maximum construction emissions and the South Coast Air Quality Management District's thresholds for significance for daily emission of pollutants are presented in Table 3.1 below. As shown, the thresholds for maximum daily construction emissions for pollutants are not exceeded and no mitigation is required. age 7 i cr 4v Kaiser Medical Office Building ,ative Declaration No. 2007-01 TABLE 3.1 CONSTRUCTION EMISSIONS POUNDS MD SIGNIFICANCE THRESHOLDS After the completion of the construction activities, there could be an increase in emissions from operational activities due to a minor increase in motor vehicle traffic associated with the operation of the service station. However, the proposed project traffic analysis discussion (3.15) shows that the proposed project is expected to generate 1,635 daily trip ends during a typical weekday. The emissions estimates were calculated with the California Air Resources Board's URBEMIS 2002 model and the project design specifications. As shown in Table 3.2 below, the thresholds for maximum operational daily emissions for pollutants will not exceed thresholds set forth by SCAQMD and no mitigation is required. TABLE 3.2 OPERATIONAL EMISSIONS AND SCAQMD SIGNIFICANCE THRESHOLDS ON A ONE -ACRE OR LESS SITE (Pounds/day) Pollutant Carbon Volatile Oxides of Oxides of Particulate Monoxide (CO) Organic Compounds Nitrogen Sulfur (SOX) Matter (PM�o) (CO) (NOx) VOC Maximum daily construction 0.78 0.56 0.00 0.00 0.00 emissions SCAQMD significance 550 lbs/day 75 lbs/day 100 lbs/day 150 lbs/day 150 Ibslday thresholds for construction I NO No No Significant? No No Scenarios for Projects Less Than Five Acres in Size, SCAQMD, Feb. 2005. No I No for Projects Less Than Five Acres in Size, SCAQMD, Feb. 2005. Source: sample Operational Source: Sample Operational Scenarios After the completion of the construction activities, there could be an increase in emissions from operational activities due to a minor increase in motor vehicle traffic associated with the operation of the service station. However, the proposed project traffic analysis discussion (3.15) shows that the proposed project is expected to generate 1,635 daily trip ends during a typical weekday. The emissions estimates were calculated with the California Air Resources Board's URBEMIS 2002 model and the project design specifications. As shown in Table 3.2 below, the thresholds for maximum operational daily emissions for pollutants will not exceed thresholds set forth by SCAQMD and no mitigation is required. TABLE 3.2 OPERATIONAL EMISSIONS AND SCAQMD SIGNIFICANCE THRESHOLDS ON A ONE -ACRE OR LESS SITE (Pounds/day) c) Less Than Significant impact. As discussed in (b) above, the pollutant load generated by the construction and operation of the proposed project is below the threshold for significance for all pollutants. Therefore, neither the construction nor Page 18 of 49 Pollutant Carbon Volatile Oxides of Oxides of Particulate Monoxide Organic Compounds Nitrogen Sulfur (SOX) Matter (PM'°) (CO) (NOx) VOC Total7Projectons 106.11 7.95 10.32 0.06 9.92 SCAQMD significance 550 lbs/day 55 lbs/day 55 lbs/day 150 lbs/day 150 lbs/day thresholds for operation I No No No Significant? No I No for Projects Less Than Five Acres in Size, SCAQMD, Feb. 2005. Source: Sample Operational Scenarios c) Less Than Significant impact. As discussed in (b) above, the pollutant load generated by the construction and operation of the proposed project is below the threshold for significance for all pollutants. Therefore, neither the construction nor Page 18 of 49 Kaiser Medical Office Building Negative Declaration No. 2007-01 the operation of the proposed project would result in cumulatively considerable net increases of criteria pollutants. d) Less Than Significant. The proposed project does not exceed the operational or construction thresholds as prescribed by SCAQMD. Although fugitive dust emissions from construction activities would be below SCAQMD emission thresholds, compliance with South Coast Air Quality Management District Rule 403 is required. Rule 403 requires all projects that are capable of generating dust utilize the best available control measures to contain activities capable of emitting or creating PM10 and PM2.5 emissions. Compliance with Rule 403 will reduce PM10 and PM2.5 emissions and protect nearby sensitive uses such as the pre-school located at SCAQMD, 21865 Copley Drive and residential development south of the project site from exposure to fine particulates. Rule 403 requirements include the following measures: watering as frequently as necessary to prevent fugitive dust; all stockpiles shall be covered with tarps; and all truckloads of soil and debris shall be securely covered with tarps before traveling on streets and highways. The project is required to comply with Rule 403 and the City standards related to construction and grading standards. As such, it is anticipated that the proposed project will not conflict with or obstruct the implementation of the applicable air quality plan. It is anticipated that sensate receptors will not be subjected to substantial pollutant concentrations. e) Less than Significant Impact. Odors may result during construction from diesel particulate emissions from some construction equipment and trucks. However, these odors would be short-term (only during construction activities) and would only be generated during the daytime and weekday hours of operation. The long- term operation of the project would not generate objectionable odors because all activities will occur within the building and a medical office use does not typically generate objectionable odors. 3.2.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact air quality. 3.3.2 Standard Conditions of Approval Before issuance of building permits, the project proponent shall provide proof of compliance with South Coast Air Quality Management District Rule 403 during construction activities to ensure compliance with AQMD thresholds related PM10 and PM2.5 emissions. Before issuance of a building permit for the project, a permit from the SCAQMD, per Rules 403 to construct the office building shall be obtained. 3.4 BIOLOGICAL RESOURCES Kaiser Medical office Building iative Declaration No. 2007-01 Less Than Potentially Significant Less Than Significant With Significant Imnact Mitigation Impact No Would the ro'ect: a) Have a substantial adverse effect, either directly or any species identified11as through habitat modification, on a candidate, sensitive, or special status species in ❑ El local or regional plans, policies, or regulations, or by the Fish and Game or U.S. Fish California Department of and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat identified in local or El or other sensitive natural community regional plans, policies, regulations, or by the California ❑ ❑ Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected 404 of the Clean Water El❑ wetlands as defined by Section Act (including, but not limited to, marsh, vernal pool, ❑ coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native wildlife species or with El❑ resident or migratory fish or established native resident or migratory wildlife ❑ corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances as a tree p ati rot cting cy El❑ a biological resources, such or ordinance? f) Conflict with the provisions of an adopted Habitat Natural Community Conservation ❑ ❑ El Plan, Plan, or other approved local, regional, or state habitat . —Q.-rvatinn olan? _ 3.4.1 BIOLOGICAL RESOURCES ANALYSIS pad ce in an a) No Impact. The proposed project t ite i sn denudeofof t vegetationeh a d expt for existing business park. The project general weed growth on the pad. Tntedslope the corporate ncenter. Asdac result, ornamental vegetation that was plan y there would be no impacts either dire speciesr�dentifiedugh ltby the at modification regional, candidate, sensitive or spec state, or federal government. b) No impact. No riparian or other special status natural communities occur within the proposed project boundaries. c) No Impact. The project site does not contain wetlands. d) No Impact. The project site is located dmihin a f lllo rba i ewiarea adjacent to a major freeway and does not serve a 9 Page 20 of 49 Kaiser Medical office Building ative Declaration No. 2007-01 e) No Impact. Tree preservation and protection are regulated by the City of Diamond Bar Municipal Code, Chapter 22.38. Under this ordinance, damage to protected trees such a native oak, walnut, sycamore and willow trees is prohibited. There are no protected trees, as determined under the Diamond Bar Municipal Code, at the project site. f) No Impact The project site does not fall within the boundaries of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 3.4.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts to biological resources. The office building would be constructed, as proposed, on an existing in -full lot planned that has no sensitive biological resources. 3.4.3 Standard Conditions of Approval None. 3.5 CULTURAL RESOURCES Potentially Less Than Significant Less Than Significant With Significant No Im act Mitigation Impact Impac Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? ❑ ❑ ❑ b) cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? ❑ ❑ ® ❑ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ❑ ❑ ® ❑ d) Disturb any human resources, including those interred outside of formal cemeteries? ❑ ❑ ® ❑ 3.5.1 CULTURAL RESOURCES ANALYSIS a) No Impact. The proposed project site is a vacant infill lot with a graded pad in an existing business park. Therefore, the project site does not display an exceptional architecture style and does not have any known cultural significance to the larger community; therefore, no impact would occur. b) Less than Significant Impact. The proposed project site is a vacant infill lot with a graded pad in an existing business park. Since it is a previously disturbed site and is surrounded by existing development, impacts to archaeological resources are unlikely. However, there is a remote possibility that grading operations could impact unknown archaeological resources. Therefore, in order to ensure that impacts would be less than significant, if any archaeological resources are Page 21 of 49 Kaiser Medical Office Building Negative Declaration No. 2007-01 nded an encountered during grading, all gradingactivities archaeolog archaeologist could eexamineahehm resource would be left in place until a qualified and determine appropriate mitigation measures. h a c) Less than Significant. The proposed Siect site nce it sIs a vacant infilot a previously disturrbedtsite graded pad in an existing businessens park. pa and is surrounded by existing development, adverse impacts to remote poss bpityathattgradt ng resources are unlikely. However, they operations could impact unknown paleontological resources. Therefore , inrd al to ensure that impacts would be less thagrading, significant, alt grading any act vifies would be resources are encountered during g g, lace until a qualified suspended and the resource would be left in p paleontological could examine them and determine appropriate mitigation measures. d) Less than Significant. As previous) sdnesss park. t Itis a previously disturbed project site is a vacant infill lot with a graded pad in an existing bu pof the and is surrounded by existing development. odverselyhaffect any human sources, ources, proposed project is not be expected including those interred outside of possibility that grading operations could ormamP act, utnknown hurman resources. e lesthan nt, if Therefore, in order to ensure that impacts would bvit esS const ugtionaactivity in human remains are discovered drirng grading a the area of the find will halt and the Los Angeles ee not tecent, the co ounty coroner lneb will nloti y If the coroner determines that the remains the Native American Heritage Commission for consultation. 3.5.2 CUMULATIVE IMPACTS As referenced above, the proposed project would not result in cumulative impacts to any historic, archeological, or paleontological resources. 3.5.3 STANDARD CONDITIONS OF APPROVAL es in If during grading archaeological rmediatel are suspended the resource construction must be' heft in the area of the find must be im Y place until a qualified archaeologist can examine it and determine appropriate mitigation measures. sources are encountered, ties in If during grading paleontological re the area of the find must be immediately suspended the resour ectmust beion lleft in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. If during grading human remains are encountered, construction activities in the area of the find must be immediately dislveryainthe ac ordanAngeles ce withoPRC 5097 94 unty coroner ulftthe be notified within 24 hours of the co coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission for consultation. Page 22 of 49 Kaiser Medical Office Building ative Declaration No. 2007-01 3.6 GEOLOGY AND SOILS Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant No Impact Impact Would theproject: iii) Seismic -related ground failure, including a) Expose people or structures to potential substantial liquefaction? ❑ adverse effects, including the risk of loss, injury, or ® ❑ iv) Landslides? death involving: ❑ ® ❑ i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault ❑ 0 Zoning Map issued by the State Geologist for the ❑ ❑ ❑ area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ® ❑ iii) Seismic -related ground failure, including liquefaction? ❑ ❑ ® ❑ iv) Landslides? ❑ ❑ ® ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ 0 R c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, El E] ® Eland potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating ❑ ❑ ® ❑ substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal El El El where sewers are not available for the disposal of waste water? 3.6.1 GEOLOGY AND SOILS ANALYSIS a) i) No Impact. According to the California Geological Survey, the City of Diamond Bar is not affected by an Alquist-Priolo Earthquake Fault Zone (APEFZ) (CGS website, accessed August 6, 2005). No active faults are known to traverse the project site. ii) Less Than Significant Impact. The majority of the State of California, including 'the proposed project site, lies. within Seismic Zone 4, the highest -level hazard ;zone designated by the current Uniform Building Code (UBC). The City of Diamond Bar Building Code incorporates UBC and the California Building Code, or CBC, for projects where each applies. Implementation of these design standards results in increased resistance to earthquakes; however, in the event of a major seismic event, no structure is completely safe from damage. age zs or 4y Kaiser Medical office Building atfve Declaration No. 2007-01 Nevertheless, construction performed in accordance with the applicable standards and codes would ensure that impacts related to ground -shaking would be less than significant. iii) Less Than Significant Impact. The already accommodject ates a bus nessis e park by previously stabilized terrain that Y development. Soils under the project site lexistene graded pad ofgated to the extent the site the entire necessary to safely accommodate 9 corporate center. The construction activities would take place on existing buildable pad. According to the geotechnical investigation for the project site, the project site is not located in an rea designed as se bed o� tential k and he for liquefaction. Due to the presence of engineered fill over den absence of groundwater, the potential for liquefaction at the subject site is considered negligible. iv) Less Than Significant Impact. As mentioned above, the proposed project area is surrounded by previously stabilized terrain that has already been fully developed. Additionally, there are no steep natural slopes on the site and the hazard from seismically induced landslides is considered very low. Furthermore, the site is not located in an area identified as a landslide hazard. Therefore, potential for seismically -related landslides is less than significant. b) Less Than Significant Impact. The largest source of erosion, particularly in an urban environment, is uncontrolled belnage managedngocthetrmaximumEextent potential during construction would ion practicable with Best Management the Bject is reglscussed u red to be covin ered3.8 Hydrology and Water Quality, proposed pr under the National Pollutant Discharge Elimination s wouldstem be impleDented on the General Construction permit; therefore construction project site during demolition and construction activities to minimize erosion impacts. Implementation of the construction -related BMPs would reduce potential asible. The construction -related impacts to the maximum oxtorerosion becauserthe site of the project site would not cause the totopsoil would be mainly landscaped with some paving for the parking lot and walkways. c) Less Than Significant Impact. As eSoaboilsundeh the projecdt site were roject is located on a site that is already developed. to safe) accommodate the previously mitigated to the extent necessary Y development of the site. Therefore, the proposed project would result in less than significant impacts related to development on an unstable soil unit. ject d) Less Than Significant Impact, the do cribed above, the project site were previopsly mitigated to the ite is stable with a graded pad. Soils under p extent necessary to safely accommodate so ls was area of the te and it is n the initial assumed that any danger posed byexpansive development. Therefore, potential impacts from expansiaddressedve soils would be less than significant. Page 24 of 49 Kaiser Medical Office Building ative Declaration No. 2007-01 e) No Impact. The project would be served by the public sewer system, thus there is no impact on soils inadequately capable of supporting the use of septic tanks or altemative waste water disposal systems. 3.6.2 CUMULATIVE IMPACT Generally, geotechnical issues are site-specific and are usually limited to areas within the development boundaries of the project site. Any incremental contribution of the proposed project to soils and geological impacts is not considered cumulatively considerable because development of the project site would comply with the applicable requirements of the Uniform Building Code and recommendation within the geotechnical report. These requirements would avoid any cumulative geotechnical impacts that may occur on the site. 3.6.3 STANDARD CONDITIONS OF APPROVAL ■ All structures shall conform to the City of Diamond Bar's Building Code, which incorporates UBC and the California Building Code requirements. Prior to the issuance of any permits for construction of the proposed project, the project applicant shall obtain coverage under the NPDES General Storm Water Permit for Storm Water Discharges Associated with Construction Activities (Water Quality Order 99-08-DWQ). The project applicant shall file a Notice of Intent, prepare a SWPPP, and submit the appropriate fees to the State Water Resources Control Board, Division of Water Quality in order to obtain coverage for construction activities. Pursuant to the permit requirements, the project applicant shall minimize construction related pollutants in the site runoff through the implementation of Best Management Practices. An owner maintenance plan shall be implemented after site development. It shall include periodic cleaning of the drainage system and to ensure that the drainage system is working properly. Landscaping on the slopes shall include plants that are drought tolerant and minimize erosion. Prior to issuance of any City permits, applicant shall produce evidence that the existing pre -graded pad and existing on-site drainage system meets the City's standards. 3.7 HAZARDSMAZARDOUS MATERIALS Would the project: Less Than Potentially Significant Less Than significant With Significant No Impact Mitigation Impact Impa �a) Create a significant hazard to the public or the II environment through the routine transport, use, or ❑ El® disposal of hazardous materials? ❑ aya Zo Ui va Kaiser Medical office Building ative Declaration No. 2007-01 3.7.1 Hazards and Hazardous The construction of the proposed project The proposed use is alikely involve the rmedicalroffi Pe � and/or disposal of hazardous mate clinic/labs. All medical, bio -hazardous, and infectious waste will be handled and disposed of in accordance with local, state All employees will be educated on an as well as accrediting agency guidelines. annual basis, with any change of policy, as part of the new employee orientation and as needed. Therefore, with the inclusion of Standard Conditions of Approval below, the potential impact associated with the routine transport, use, or disposal of hazardous material from the project site would be less than significant. Less Than Significant impact. As discussed above, hazardous waste will be handled and disposed of in accordance lttogether local, state fwidthr clonstructon requirements. The federal and regulations permits from the City will ensure that will ensure operational and construction activities will not expose people to hazardous substances. a) b) Page 26 of 49 Less Than MATERIALS Potentially Significant Less Than With Significant No 3.7 HAZARDS/HAZARDOUS Significant impact mitigation Impact Impact Would the project: b) Create a significant hazard to the public or the foreseeable upset and El El ® El through reasonably accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous orEl® hazardous materials, substances, or waste ❑ ❑ acutely within one -quarter -mile of an existing or proposed school? d) Be located on a site which is included on a list of to hazardous materials sites compiled pursuant Code Section 65962.5 and, as a result, ❑ ❑❑ Government would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, has not been adopted, within two ❑ ❑ where such a plan miles of a public airport or public use airport, would the ❑ result in a safety hazard for people residing or project working in the project area? f) For a project within the vicinity of a private airstrip, would ❑ ❑ ❑ the project result in a safety hazard for people residing or working in the project area? g) impair implementation of or physically interfere with an ❑ ❑ ❑ El adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, fires, including where ❑ ❑ ❑ injury, or death involving wildland are adjacent to urbanized areas or where wildlands residences are intermixed with wildlands? 3.7.1 Hazards and Hazardous The construction of the proposed project The proposed use is alikely involve the rmedicalroffi Pe � and/or disposal of hazardous mate clinic/labs. All medical, bio -hazardous, and infectious waste will be handled and disposed of in accordance with local, state All employees will be educated on an as well as accrediting agency guidelines. annual basis, with any change of policy, as part of the new employee orientation and as needed. Therefore, with the inclusion of Standard Conditions of Approval below, the potential impact associated with the routine transport, use, or disposal of hazardous material from the project site would be less than significant. Less Than Significant impact. As discussed above, hazardous waste will be handled and disposed of in accordance lttogether local, state fwidthr clonstructon requirements. The federal and regulations permits from the City will ensure that will ensure operational and construction activities will not expose people to hazardous substances. a) b) Page 26 of 49 Kaiser Medical Office Building Negative Declaration No. 2007-01 c) Less Than Significant Impact. The only hazardous emissions that would be emitted from the project site would be diesel exhaust from construction equipment. There is one school, SCAQMD pre-school that located within one- quarter of a mile of the project site. However, the pre-school will not be exposed to potentially hazardous materials in the short or long-term because of circumstances discussed above in Item a) and will ensure that potential impacts to the pre-school would be less than significant. d) No Impact. The proposed project site is not listed as a hazardous materials site pursuant to Government Code Section 65962.5. e) No Impact. The project is not located within an airport land use plan and is not within a crash hazard zone. 0 No Impact. The proposed project is not located in proximity to a private airstrip. g) No Impact. The proposed project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. h) No Impact. The proposed project would not expose people or structures to significant risk involving wildland fires. The proposed project is in an urban environment and not adjacent to open space or wildland areas. 3.7.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts for hazards and hazardous materials. 3.7.3 STANDARD CONDITIONS OF APPROVAL All medical, bio -hazardous and infectious waste shall be handled and disposed of in accordance with local, state and federal regulatory requirements, as well as accrediting agency guideline. All employees shall be educated on an annual basis, with any change of policy, as part of new employee orientation and as needed. If hazardous materials are present in construction debris, then any and all hazardous waste materials shall be transported off-site by a properly licensed hazardous waste hauler, who must be in compliance with the Department of Transportation regulations under Title 49 CFR 171-179 and under 40 CFR 263 (Subtitle C of RCRA). Oyu ci u1 4a Kaiser Medical Office Building iative Deciaration No. 2007-01 Less Than Potentially Significant Less Than 3.8 HYDROLOGY AND WATER QUALITY Sig nificant With mitigation Srlgmrfactnt No Im act Would theproject: ❑ a) violate any water quality standards or waste discharge ❑ ❑ requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there ❑ would be a net deficit in aquifer volume or a lowering f ❑ ❑ ® the local groundwater table level (e.g., production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage pattern of the site ❑ ❑ ® ❑ or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation onsite or offsite? d) Substantially alter the existing drainage pattern of the site ❑ or area, including through the alteration of the course of a ®stream or river, or ❑ y increase the rate or amount of surface runoff int amanner that would result in ❑ flooding onsite or offsite? e) Create or contribute runoff water which would exceed the ❑ El® ❑ capacity of existing or planned stormwater drainage systems or provide substantial additional sources of pollutant runoff? El® Elf) Otherwise substantially degrade water quality? El g) Place housing within a 100 -year flood hazard area asF-1 ❑ Elmapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ❑ h) Place within a 100 -year flood hazard area structures ❑ ❑ which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, El El injury, or death involving flooding, including flooding as a result of the failure of a levee or dam?ElL') ElInundation b seiche, tsunami, or mudflow? ❑ 3.8.1 HYDROLOGY AND WATER QUALITY ANALYSIS a) Less Than Significant Impact. Construction activities on asite Fav earth the potential to contribute sediment -laden runoff and pollutants disturbance and heavy equipment esaControlinto tBoard (SWRCB)he storm sewer systS D ves n of Water m during rain events. The State Water Resourc Quality issues NPDES stormwater permit Boaad (LARWQCB) enerl construction cenfoleces the s. The Los Angeles Regional Water Quality Controles NPDES program for the State of California oseithdistits dictionurb one orlmorecaucdres the City of Diamond Bar. Discharger projects of soil are required to obtain Coverage taer n General for Discharges of Storm Water Associated with Construction (Construction General Page 28 of 49 Kaiser Medical Office Building iative Declaration No. 2007-01 Permit, 99-08-DWQ). Coverage under the Construction General Permit is accomplished by completing and filing a Notice of Intent with the SWRCB and by preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) prior to grading. The primary objective of the SWPPP is to identify, construct, implement, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants in stormwater discharges from the construction site. The SWPPP must include BMPs the discharger would use to protect storm water runoff during construction and the placement of those BMPs. Additionally, a SWPPP must include a site map, a visual monitoring program, and a chemical monitoring program for "non-visible" pollutants to be implemented if there is a failure of a BMP. BMPs most often used during construction activities include surrounding the construction site with sand bags and/or silt fencing to minimize sediment -laden runoff from entering the storm drain system, temporary desilting basins, and timing the grading activities to avoid the rainy season. Appropriate BMPs would be applied during grading and construction activities, which would ensure that short-term construction -related water quality impacts would be less than significant. Operational activities on the site would not violate water quality standards. The use of pesticides/herbicides on landscaping would be minimal and comparable to existing amounts. Because the proposed project involves the construction of a one-story office building on a 6.19 acre site with a 3.74 acre pad, it is subject to the requirements of the Standard Urban Storm Water Mitigation Plan (SUSMP). Best management practices (BMPs) are required to be incorporated into the project plans for both construction and post -construction activities in compliance with the National Pollution Discharge Elimination System (NPDES) regulations. A standard condition of approval will require the developer/applicant to submit a SUSMP report/plan for review and approval before issuance of building permits. b) Less than Significant Impact. The; proposed project would not significantly impact water supplied by the Walnut Valley Water District. The District provides water service to the City. The District purchases imported water from the Three 'Valleys Municipal Water District, a member agency of the Metropolitan Water District of Southern California (MWD). The District is completely dependent on imported water and obtains this water almost entirely from MWD; therefore, impacts to groundwater would be less than significant. Potable groundwater is not available within the District's boundaries. Development of the project site will reduce the pervious surface, thereby increasing surface runoff. Runoff will continue to be directed from on-site drainage devices to off-site drainage devices that are designed to accommodate the project site runoff. The hydrology and drainage study prepared for the proposed project concludes that the existing inlet is adequate in it sizing and there will be no need to up-size the pipe. Therefore, project would not create :substantial amounts of impervious surfaces that could impact the amount of groundwater recharge in the project area and potential impacts would be less than significant. cyC ca w wa Kaiser Medical Office Building Negative Declaration No. 2007-01 Due to the project's small-scale, changes in the quantity of ground waters through direct additions or withdrawals, or through interception of an aquifer by cuts or exactions or through substantial loss of groundwater recharge capability is not expected to occur. Furthermore, the construction of one-story office building in an urbanized area is not considereto cause a iwatetlsupply and groundwalal ter isduction in only used for amount of groundwater for public reclaimed water supply. c) Less than Significant Impact. Runoff from the project site is currently accommodated through the storm drain system maintained by the Los Angeles County Flood Control District. The proposed project would be subject to NPDES requirements as stated above. Furthermore, no streams, rivers, levee, or dams exist around or near the project site. Based on the project documents and requirements noted aboveattte amount of a) and surface runoff that ), the proposed would result ject will �n substantially increase the re o substantial erosion, siltation, or flooding on- or off-site. d) Less than Significant Impact. As noted above in Items a), b) and c), the proposed project is not expected to substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site. Additional new landscaping elements would negate the increase in impervious surface. Therefore, stormwater runoff amounts and rates would not be increased significantly. e) Less than Significant Impact. As noted above in Items a), b) and c), the proposed project will not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage system or provide substantial additional sources of pollutant be nore, the capcity proposed projectf the stormwater drainage system would no impacted by the Less Than Significant Impact. As noted in Item a), compliance with NPDES permit requirements, including the development of a SWPPP and implementation of BMPs, would ensure that construction activities would not degrade water quality. The project is subject to SUSMP requirements for additional BMPs for water quality. Therefore, potential water quality impacts would be less than significant. g) No Impact. The project would ard Boundary or Flood IOnsu anceoRate IM p, mapped by on a FederalFlood Haz or other flood hazard delineation map. h) No Impact. The proposed project would not place structures within a 100 -year flood hazard area or impede or redirect flows within a 100 -year floodplain. i) No Impact. The project would not expose people or buildings to any risk of flooding. Page 30 of 49 Kaiser Medical Office Building Negative Declaration No. 2007-01 j) No Impact. The proposed project would not expose people or structures to inundation by seiche, tsunami, or mudflow. The project site is not adjacent to a reservoir or lake that could experience seiche during ground -shaking events. The project site is located over 25 miles from the ocean and would not be in danger from a tsunami event. The project will not expose people or structures to a significant risk involving mudslides. 3.8.2 CUMULATIVE IMPACTS The project would not result in cumulatively considerable impacts related to hydrology or water quality. Potential water quality impacts associated with construction activities would be mitigated through the use of BMPs, pursuant to coverage under the NPDES permits for construction and operation of the gas station. Additionally, operational water quality impacts from the proposed project would be less than significant. Because the project: would be generating only minimal amounts of additional pollutants attributable to additional vehicle trips to the site, cumulative hydrology impacts would not be cumulatively considerable. 3.8.3 STANDARD CONDITIONS OF APPROVAL Prior to the issuance of a grading permit for construction of the proposed project, the project applicant shall provide proof of obtain coverage under the NPDES General Storm Water Permit for Storm Water Discharges Associated with Construction Activities (Water Quality Order 99-08-DWQ). The project applicant shall file a Notice of Intent, prepare a SWPPP, and submit the appropriate fees to the State Water Resources Control Board, Division of Water Quality in order to obtain coverage for construction activities. Pursuant to the permit requirements, the project applicant shall minimize construction related pollutants in the site runoff through the implementation of Best Management Practices. A SUSMP reporUplan is required to be submitted for review and approval by the Building and Safety Division of the City of Diamond Bar before issuance of building permits. Standard Urban Storm Water Mitigation Plan (SUSMP). Best management practices (BMPs) are required to be incorporated into the project plans for both construction and post -construction activities in compliance with the National Pollution Discharge Elimination System (NPDES) regulations. Page 31 of 49 Kaiser Medical Office Building iative Declaration No. 2007-01 Less Than Potentially Significant Less Than 3.9 LAND USE AND PLANNING Significant . With Significant No Would the project: El Ela) Physically divide an established community? ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project ❑ ❑ ® ❑ (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or ❑ El natural community conservation plan? 3.91 LAND USE AND PLANNING ANALYSIS a) No Impact. The project site is an infill, vacant, pre -graded lot located within an existing corporate center and the proposed project is consistent with the corporate center uses. As a result, the project will not divide an established community. b) Less Than Significant impact. The project site is located within the General Plan land us designation of Office Professional (OP). This land use designation provides opportunity for the establishment of office -based working environments for general professional, and administrative offices, as well as support uses. The propose project is a medical office building-clinic/lab. Therefore, the proposed project is consistent with the General Plan land use designation for the project site. The project site is located within the Office, Business oPa k (OB) zoningarge dscale, This zoning district is intended for areas appropriate headquarters -type office facilities and business park developments, and similar and related compatible uses. The proposed project is a medical office building- clinic/lab and is consistentwith the requiredBfor thegpropose project hwith the Development Review approval appropriate following findings. (1) The design and layout of the proposed development are consistent with the general plan, development standards of areas {e.gcable themetareaseSign specificdelinesplans, and architectural criteria for special community plans, boulevards or planned developments); (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; (3) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the Page 32 of 49 Kaiser Medical Office Building iative Declaration No. 2007-01 harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan; (4) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; (5) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and (6) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). After approval of this action by the City of Diamond Bar, the development of the proposed project would be in compliance with all applicable City of Diamond Bar plans, policies, and regulations. Impacts to land use would be less than significant. c) No Impact. The proposed project site is not located within any habitat conservation plan or within a natural community conservation plan. 3.9.2 Cumulative Impacts The project would not directly or cumulatively impact land use or planning. 3.9.3 STANDARD CONDITIONS OF APPROVAL • In accordance with Chapter 22 of the City of Diamond Bar Municipal Code, the applicable reviewing agency within the City of Diamond Bar will review the project's application for Development Review No. 2005-32 and ensure that the project is in compliance with all applicable City of Diamond Bar plans, policies, and regulations. 3.10 MINERAL RESOURCES Would the Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Imaa a) Result in the loss of availability of a known mineral resource that would be of value to the region and the ❑ ❑ ❑ residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan, or other land use r)lan? dyL JJ or 4J ❑ ❑ ❑ Kaiser Medical Office Building iative Declaration No. 2007-01 3.10.1 MINERAL RESOURCES ANALYSIS a) No impact. The proposed project would not involve the development of land that could potentially result in the loss of a known mineral resource of value to the region or the state. b) No impact. The project site is not rdesignated as a locally important mineral resource recovery site In the General 3.10.2 CUMULATIVE IMPACTS not directly or cumulatively impact mineral resources. The project would CONDITIONS OF APPROVAL 3.10.3 STANDARD None. Less Than Potentially 3.11 NOISE Significant significant Less Than With Significant No Impact Mitigation Im act imact Would the project result in: a) Exposure of persons to or generation of noise levels in ❑ in the IOcal general plan 0® ❑ excess of standards established or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ noise levels? [l ® ❑ groundborne vibration or groundborne c) A substantial permanent increase in ambient noise levels levels existing without the ❑ ❑ ® ❑ in the project vicinity above project? d) A substantial temporary or periodic increase in ambient above levels existing ❑ ® [] noise levels in the project vicinity without the project? e) For a project located within an airport land use plan or, been adopted, within two miles El where such a plan has not airport or public use airport, would the project ❑ El of a public expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would residing or working in the ❑ ❑ ❑ the project expose people nroiect area to excessive noise levels? 3.11.1 NOISE ANALYSIS ite is a) Less Than Significant. The projectfreewal freeways t aated lffic noise from Golden Spr Wthin an area impacted by igs generated by the SR 57 and SR 60 Y Drive. The construction process would generate noise, primarily construction. The City of Diamond Bar City Code (DBC tween Chapter hours olfl7!00 p,.meatnd 00 a.mion o prohibits construction -related noise be Noise from the short-term (less than ten days) operation of mobile construction Page 34 of 49 Kaiser Medical Office Building equipment may not exceed a maximum of 85 dB. Additionally, all mobile or stationary internal -combustion -engine powered equipment or machinery must be equipped with suitable exhaust and air-intake silencers in proper working order. However, noise generated from the operation of a medical office building will not surpass the existing noise levels. As a result, a condition of approval will require that the noise generated from construction comply with City standards and noise generated from the operation of the medical office comply with Section 22.28 of the Development Code. b) Less Than Significant Impact. Construction activities have the potential to create groundborne vibration and/or groundborne noise levels. However, any impacts would be temporary and of minimal duration. Additionally, implementation of the construction hours would restrict these activities to daytime hours only. c) Less Than Significant Impact. As noted in Item a) and b) above, the proposed project will not permanent increase the ambient noise levels in the project vicinity to above existing without the project. d) Less Than Significant Construction activities would require the use of trucks to bring construction materials to the site, which would contribute to ambient noise in the! project area. The truck noise would be temporary and sporadically distributed throughout the construction activities and would be limited to between the hours of 7 a.m. to 8:00 p.m. daily except Sundays and legal holidays. As noted above in Items a), b) and c), the proposed project will be required through conditions of approval to comply with the City's noise standards. e) No Impact. The proposed project is not located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. f) No Impact. The proposed project is not within the vicinity of a private airstrip. 3.11.2 CUMULATIVE IMPACTS The proposed project would contribute construction noise to the ambient sounds of the surrounding area. However, this contribution would not be cumulatively considerable. Peak noise periods would be short-term and of minimal duration. Operational ambient noise will not increase by the proposed medical office building project. Furthermore, the operation of the use will not contribute significantly to the existing ambient noise level. 3.11.2 STANDARD CONDITIONS OF APPROVAL 'The construction contractor shall abide by all requirements of the City Code related to noise, as specified in Diamond Bare Municipal Code - Chapter 8.12 and Development Code - Section 22.28 — Noise Standards. afc - " Yu Kaiser Medical Office Building :ative Declaration No. 2007-01 Less Than Potentially Significant Less Than 3.12 POPULATION AND HOUSING Significant With Significant No .■:a:__a:.... Imnart Impa a) Induce substantial population growth in an area, either ❑ ❑ ® ❑ directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ❑ necessitating the construction of replacement housing ❑ elsewhere? 122 c) Displace substantial numbers of people, necessitating the ❑ ❑ ,nnctroction of replacement housing elsewhere? 3.12.1 POPULATION AND HOUSING ANALYSIS a) Less than Significant: The proposed project would provide additional employment opportunities in the City that may add population through the additional need for those workers to find housing in the area. However, any population growth in the area would not be substantial and impacts regarding population growth would not be substantial. b) No Impact: The proposed project would not eliminate existing housing or necessitating the construction of replacement housing elsewhere. c) No Impact: The proposed project wouldnot displace current residential land uses or cause the development of housing 3.12.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact population and housing. 3.12.3 STANDARD CONDITIONS OF APPROVAL None. page 36 of 49 Kaiser Medical Office Building Negative Declaration No. 2007-01 Less Than 3.13 PUBLIC SERVICES Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact II Would the oroiect: II a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? ❑ ❑ ® ❑ Police protection? ❑ ❑ ® ❑ Schools? EJ ❑ ❑ Parks? ❑ ❑ ❑ Other public facilities? ❑ ❑ ❑ 3.13.1 PUBLIC SERVICES ANALYSIS a) Fire Protection- Less Than Significant Impact. Because the proposed project would add office square footage at the project site, there could be an increased need for fire protection services. However, this need would be relatively small and would not result in substantial adverse impacts associated with the provision of new or physically altered fire protection facilities. Po ice Protection- Less Than Significant Impact: Because the proposed project would add office square footage at the project site, there would be an increased need for police protection services. However, this need would be relatively small and would not result in substantial adverse impacts associated with the provision of new or physically altered police protection facilities. Schools- No Impact: The: proposed project does not involve the development of residential land uses that could require additional school services. The project would not require an increase in school services or resources. Parks- No Impact. Because the project is an office development that would not generate an additional need for park facilities, there would be no direct impact on park services. Page 37 of 49 Kaiser Medical Office Building Negative Declaration No. 2007-01 Other Public Facilities- No Impact: No other public facilities would be impacted by the proposed project. 3.13.2 CUMULATIVE IMPACTS otection services The proposed project would require minor increase in fire and However, the propeolice rty taxrgene generated by the due to the fact that it is a new development. H project as well as sales tax revenue generatada table toy the eahe icaI City of staff dDiamondpatient hBar, to shop in Diamond Bar project would be compensate for the additional services required. 3.13.3 STANDARD CONDITIONS OF APPROVAL None. 3.14 RECREATION Would/does the project Less Than Potentially significant Le sThan Significant No Significant with I . of ImDa a) Would the project increase the use of existing ❑ El neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require ❑ ❑ ❑ the construction or expansion of recreational facilities which might have an adverse physical effec 3.14.1 RECREATION ANALYSIS would not increase the use of existing park a) No impact. The proposed project and recreational facilities. b) No impact. The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities that would have an adverse environmental impact. 3.14.2 CUMULATIVE IMPACTS The proposed project would have no direct or cumulative impacts on neighborhood or regional recreational facilities. 3.14.3 STANDARD CONDITIONS OF APPROVAL None. Page 38 of 49 Kaiser Medical Office Building ative Declaration No. 2007-01 3.15 TRANSPORTATION/TRAFFIC Would the project: Potentially Significant Im act Less Than significant With Mitigation Less Than Significant No Impact Im a a) Cause an increase in traffic which is substantial in Total In Out Total relation to the existing traffic load and capacity of the 88 24 112 45 street system (i.e., result in a substantial increase in ❑ ❑ ® ❑ 24 either the number of vehicle trips, the volume to capacity 45E 123 168 ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion ❑ ❑ ® ❑ management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or change in location that ❑ ❑ ❑ results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g.,, sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ❑ ❑ ® ❑ e) Result in inadequate emergency access? ❑ ❑ ® ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, ❑ ❑ ❑ bicycle racks)?ED 3.15.1 TRANSPORTATION/TRAFFIC ANALYSIS This analysis presented below is based on the finding of a Traffic Impact Analysis for the proposed one-story Kaiser medical office building prepared by Linscott, Law & Greenspan dated August. 18, 2006 and Addendum dated February 21, 2006. According to the traffic study and as shown in Table 3.4, a medical office of 45,254 gross square feet is expected to generate the following trips: Table 3.4 DAILYTRIP ENDS/AM/PM/PEAK HOUR VOLUMES Daily Trip Ends Volumes AM Peak Hour Volumes PM Peak Hour Volumes In Out Total In Out Total 1,635 88 24 112 45 123 168 Total 1,635 88 24 112 45E 123 168 a) Less Than Significant Impact. Regional access to the project site is provided by the SR -60 and SR -57 via the interchange at Grand Avenue. Local access to the site is primarily provided by Grand Avenue, Golden Springs Drive and Copley Drive. The Traffic Impact Analysis considered nine nearby intersections that Kaiser Medical Office Building ative Declaration No. 2007-01 provide the primary regional and local access to the site. These intersections are as following: Brea Canyon Road/SR-60 Freeway Westbound Ramps; Brea Canyon Road/Golden Springs Drive; Gateway Center Drive/Golden Springs Drive; Valley Vista Drive/Gateway Center Drive; Copley Drive/Golden Springs Drive Westbound Ramps; Grand Avenue-SR-60-SR-57/Freeway Westbound Ramps; Grand Avenue/Golden Springs Drive; Grand Avenue/SR-60-SR-57 Freeway Eastbound Ramps; and Bridge Gate Drive/Copley The Intersection Capacity Utilization (ICU) method was employed to analyze levels of service (LOS). The Highway Capacity Manual (HCM) methodology was used to analyze LOS at signalized and unsignalized acceptable elforurban nterseOctionsSThe the minimum level generally considered to be City of Diamond Bar's General Plan and Guideline for the Preparation of Traffic Impact Analysis Report (1992) calls for LOS D as the minimum acceptable service level at intersections, while LOS C is the minimum for roadway segments. According to CMP guidelines, impminimum act act wou d be tiered leseptable s level at CMP intersections is LOS E. A project P significant if the LOS changed from D or better from a LOS E or F. Table 3.5 is a summary of volume to capacity ratios an lcat the nineof service at Aand ntersect onPsMi P the ak hours, with and without the proposedproject, project study area. (See Table 3.5 on next page.) Page 40 of 49 o mC) z r�No N j ZcNr G) n N N � ((D Cn CC Q O j N N N �' Z U) ON CD ((D O O fn G N..� Jcn Z] 7p y ZJ �N cn v,D mz z3 op �� icn �� m0 cF> oD m� D �o r 0 mC Z nim o� m� m 3T D U) mD -nZ v -c o C � C L x 3 zpJ c m m - m Z =m rri (D oa D m a ? (D `�° a m 3 m o _ - m (D C�� C:x 0 C O OC 00 �0 N O -O N N N 0000 N O -0 N .0 C. .Tl NO .0 N .i7 .� NN C X _DN < x NN n,.' 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