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05/27/2003
U700 O FILE y Lela ? ^C '+rve. _.5.. r3.. . �-' "<_ �.J ^arc...,. .fie._ `*..... w?" ✓- M raI n.:. ,. _.. May 27, 2003 7-000 P.M. South Coast Air Quality/ District Government Center Building Auditorium 21865 =r . Drive Diamond ::. A Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. 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 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. 13, -� tiles - r` Please refrain from smoking, eating or The City of Diamond Dar uses recycled paper drinking in the Auditorium and encourages you to do the same y T� PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839.7030 email: info@ci.diarnond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, May 27, 2003 Fs X CALL TO 11 • Next Resolution No. 200313 PLEDGE OF ALLEGIANCE 1. ROLL ALL: COMMISSIONERS: Chairman Steve Tye, Vice -Chairman ®an Nolan, Steve Nelson, Joe Ruzicka, and Jack Tanaka • • • • -_ _, a �. �� •. • • - • • Jim The following items listed on the consent calendar are considered routine and ard approved by a single motion. Consent calendar items may be removed from thg agenda by e• of the Commission only: Development =_s' Ni 2002-34 (pursuant t• _.••- Section 22.48.020) is a request • construct a 31,050 square foot• • building • be utilized Center.for medical services-clinic/labs on a vacant lot in the Gateway Corporate • • from• 0/' Project Address: 1336 Bridge Gate Drive (Lot 18, Tract 39679) Diamond B. 191765 May 27, 2003 Page 2 PLANNING COMMISSION Property Owner: Kaiser Foundation Health Plan, Inc. 393 W. Walnut Street Pasadena, CA 91188 Applicant: Nancy Burke ' 393 W. Walnut Street Pasadena, CA 91188 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2003-02 has been prepared. The Negative Declarati•"- •• began March 28, 2003, and ended April 16, 2003. Recommendation: Staff recommends that the Planning Commission accept the withdrawal of Development Review No. 2002-34 Application and Negative Declaration No. 2003-02. 3; i. 1 Developm - ent Review No. 2002-16 (pursuant to Code Section 22.48.020.a.1) is a request to construct a two story, single-family residence with portico, balconies, covered patio, pool bath and garages totaling to approximately 15,546 gross square feet. The request also includes pool/spa, BBQ, tennis court, and a series of retaining walls with an exposed height varying to a maximum of six feet. APPLICANT: Pete, Volbeda 615 N. Benson Avenue, #D Upland, CA 91786 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project is Categorically Exempt May 27, 2003 Page 3 PLANNING COMMISSION. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2002-16, Findings of Fact and conditions of approval listed within the draft resolution. V.2 Variance No. 2003-03/Minor Conditional Use Permit No. 2003-07 (pursuant to Code Sections 22-48, 22.56, and 22.68) the applicant has requested approval of plans to remodel and construct an approximate 1,242 square foot addition and covered patio to an existing 2,333 square foot one-story single- family resident with covered patio and three car garage. Additionally, the applicant requests approval of a Minor Conditional Use Permit to allow for the continuation of a legal nonconforming distance of approximately 14 feet between structures on adjoining parcels. PROJECT ADDRESS: 1609 Ano Nuevo Diamond Bar, CA 91765 PROPERTY OWNER/ Tony ffianese- APPLICANT 1609 Ano Nuevo Drive Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA)Section 5301(e), the City has determined that this project is Categorically Exempt. 8.3 CONDITIONAL USE PERMIT NO. 2003-01 (pursuant to Code Sections 22.58 and 22.10 .030 - Table 2-6), this proposed project is a request to provide entertainment and a bar in connection with an existing restaurant identified as Scribbles Grille. PROJECT ADDRESS: 245 Gentle Springs Lane Diamond Bar, Ca 91765 PROPERTY OWNER: P. N. Patel, Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91741 May 27, 2003 Page 4 PLANNING COMMISSION I 25C Z'7*ff1 ©» *d» »k» 6226 N. Calera Avenue Azusa, CA 91702 Environmental Determination: Pursuant to the provisions of the California Environmental ■Quality Act (CEQA) 15301, the City has determined that this project is categorically exempt. Recommendation: Staff recommends that ©- Planning Commission approve Conditional Use Permit No. 2003-01, Categorical Exemption, Findings of Fact, and conditions of approval as listed within the draft resolution. I CITY COUNCIL MEETING IWWAIAI�■b ?? IWO Tuesday, June 3, 2003 - 6:30 p.m. AQMD/Govt. \!'«k :#:, 21865 E. Copley Drive Tuesday, June 10, 2003 - 6:00 p.m. AQMG/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, June 10, 2003 - 7:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, June 12, 2003 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive REGUI,TAR MEETING OFTA MAY 7 - 200 Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. Chairman Ruzicka led the pledge of allegiance. 1 N K W 6. Present: Chairman Steve Tye, Vice Chairman Dan Nolan, and Commissioners Steve Nelson, Joe Ruzicka and Jack Tanaka. Also present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant and Stella Marquez, Administrative Secretary. MATTERS FROM THEAUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: As presented. 4.1 Approval of April 22, 2003 regular meeting minutes. C/Ruzicka moved, C/Tanaka seconded, to approve the April 22, 2003 minutes as presented. Without objection, the motion was so ordered with Chair/Tye abstaining. OLD BUSINESS: None NEW BUSINESS: None 7.1 Development Review No. 2003-01 (Pursuant to Code Section 22.48.020.A.) is a request to construct a two story, single family residence of approximately 10,643 gross square feet including balconies, porch, patio and attached four -car garage. PROJECT ADDRESS: 3099 Windmill Drive (Lot 5, Tract No. 50314) Diamond Bar, CA 91765 MAY 13, 2003 Page 2 PLANNING PROJECT OWNER/ Windmill Estates, LLC APPLICANT: 3480 Torrance Boulevard #300 Torrance, CA 90503 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission approval of Development Review No. 2003-01, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Tye asked if "The Country Estates" architectural committee had approved the project. AssocP/Lungu explained that the JCC project is located within "The Country Estates." However, JCC has their own CC&R's and their own architectural committee. Curt Nelson, applicant, said he read staff's report and concurred with the conditions of approval. The project does not have a basement (Page 3 of staff's report). Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. C/Ruzicka moved, VC/Nolan seconded, to approve Development Review No. 2003-01, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Variance No. 2003-02, Administrative Development Review No. 2002-22, Tree Permit No. 2003-03 and Negative Declaration No. 2003-03 (pursuant to Code Sections 22.54, 22.48.020, and 22.38) This is a request to construct a three story (two -stories with basement), single-family residence with balcony, covered patio, and two two -car garages totaling to approximately 5,673 gross square feet. The request also includes site retaining walls up to an exposed height of six (6) feet. The applicant requests approval of a Variance for a reduced front yard setback and a Tree Permit to remove and replace protected/preserved trees. PROJECT ADDRESS: 22364 Kicking Horse Drive (Lot 6, Tract 32482) Diamond Bar, CA 91765 ►I :f'� Q1 "I Page 3 PLANNING Lo and Alba Moesser 2707 Diamond Bar Boulevard Diamond Bar, CA 91765 Horizon Pacific 2707 Diamond Bar Boulevard Diamond Bar, CA 91765 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Variance No. 2003-02, Administrative Development Review No. 2002-22, Tree Permit No. 2003-03, Negative Declaration No. 2003-03, Findings of Fact, and conditions of approval as listed within the draft resolution. DSA/Smith responded to C/Nelson that staff's condition for replacement of the two Pepper trees should be one of the two protected species. Chair/Tye opened the public hearing. Jerry Yeh, applicant, said he and the owner reviewed staff's report and concur with the conditions of approval. There being no one else who wished to speak on this matter, Chair/Tye closed the public hearing. C/Nelson wanted the approval of this project to include specific species of trees for replacement of the pepper trees. He felt the Walnuts were the best choice for replacement of the peppers and Oaks for Oaks. C/Ruzicka moved, C/Nelson seconded, to approve Variance No. 2003-02, Administrative Development Review No..2002-22, Tree Permit No. 2003-03, Negative Declaration No. 2003-03, Findings of Fact, and conditions of approval as listed within the resolution, subject to the provision that the two pepper trees slated for removal will be replaced with California Walnut trees. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7,3 Development Code Amendment No. 2003-01 (pursuant to Code Section 22.44) is a request to amend the following Articles/Sections of the Development Code: AssocP/Lungu explained the following proposed amendments. MAY 13, 2003 Page 4 PLANNING Sections 22.38.010 22.38.030 and 22.38.060 — Tree Preservation and Protection: Amendment relates to the preservation of naturalized California pepper trees where appropriate and changes "naturalized California pepper trees" to just pepper trees. Section 22.16.090 — Setback Regulations and Exceptions: Amendment relates to setbacks for walls and fences on a reverse corner lot. Gives the director authority to reverse the required setback from 10 feet to 5 feet on a reverse corner lot if the clear line of site is maintained for vehicles and pedestrian traffic. This is a housekeeping amendment to clean up the typos. C/Tanaka asked AssocP/Lungu to give him an example of a reverse corner lot and she sketched an example on the overhead. Section 22.42.110, Table 3-15 — Residential Accessory Uses and Structures: Amendment relates to setbacks for a tennis court and guesthouse. Table 3-15 does not currently list setbacks for tennis courts and guesthouses. The recommendation is to make the language clearer by including in the table for tennis courts, that they have side and rear setbacks of 10 feet and tennis courts on a street side would have the same setback as the main structure. For guesthouses, staff is recommending that setbacks be the same as the main structure. The next change is for housekeeping purposes and specifies overall parcel coverage as required in each of the residential zoning districts. Section 22.42.110 — Residential Accessory Uses and Structures: Amendment relates to the maximum height of tennis court fencing and walls. Experience shows that tennis courts need 10 foot fencing. Section 22.34.030 — Single -Family Standards, Section 22.34.040 — Multi -Family Standards, Section 22.34.050 — Commercial Standards and Section 22.34.060 — Industrial Standards: Amendment relates to landscape maintenance standards for slopes. This section relates to maintenance of slopes on private property that are adjacent or back up to a thoroughfare. Chair/Tye noticed some rather unconventional slopes. Where would this code leave those people? Or, in the instance of the elderly lady whose property backs up to Diamond Bar Boulevard that Paint the Town helped one year. She is not in a position to vegetate and irrigate the slope. DCM/DeStefano responded that the area across from L,orbeer owned by the lady that Paint the Town helped about three years ago may be an area, due to its high visibility, that the City could include in an assessment district. Code Enforcement is a tool, but would the elderly, perhaps fixed income and handicapped property owner deal with the situation? In other areas, Code Enforcement may be appropriate. There is an entire tract of homes in Duarte for which front yards were planted in Cape weed. It is a species that other homeowners pull out of their front yards. It is difficult to arrive at standards. C/Ruzicka felt that any type of landscape situation should take into consideration that D.B. is in a desert area. Whatever the City decides should take into account today's water usage and the population forecast for 20 years from today and what kind of water usage would be faced at that point. He felt the City would do itself a great service by making certain that sustained growth and water use is taken into consideration now so that this section of the code does not have to be rewritten down the line. DCM/DeStefano stated that during the past 14 years D.B. began a process to green up. Brown native landscaping was the appropriate palate of choice prior to that time. Projects approved 10, 12, and 14 years ago were predominately utilizing those types of plant palates — brown, seasonal, lower water usage overall. As the community and its population has grown it now wants green slopes. Case in point — Chino Hills and the development projects along Grand Avenue. The City has added trees and flowers to medians — a lot more green and a lot more water — because that is what the public is telling the City they want. Hillside projects are a lot greener in their landscaping palate at this point in history that they were a few years ago. C/Ruzicka's point is well taken. However, the City is being pulled in a different direction. C/Ruzicka said the public should have what it wants as long as everyone bears in mind that there will be an increased price for the additional water the City uses. Section 22.30.080 — Driveways and Site Access: Amendment relates to the pavement width of a driveway in a single-family residential zoning district. Th is amendment would require that a Minor Conditional Use Permit be obtained through the public hearing process if the property owner wanted to increase the width of the driveway area beyond 12 feet in excess of the garage width. The purpose of this Section is to prevent people from cementing their front yards. Chair/Tye said his house rested on a flag lot. If he wanted to extend his driveway to the right side of his garage back toward the back yard he could do so without a Minor Conditional Use Permit if he kept the width to 12 feet or under. If he wanted 13 feet, it would require a public hearing. How do you measure a flag lot? MAY 13, 2003 Page 6 PLANNING DCM/DeStefano said that the majority of the single-family lots in the City are traditional. Flag lots are unusual. A Variance may be necessary to achieve an appropriate goal for a flag lot. Sections 22.36.050 and 22.36.080 — Exemptions from Sign Permits and Prohibited Signs: Amendment relates to the placement and size of election signs and signs in the public right- of-way. The recommended amendment would paragraph 5 would be repealed. It would be replaced with the language under the recommended amendment that reads — Election signs, temporary signs pertaining to a local, state or national election, are permitted on private property subject to the following limitations: (as listed within the staff report and forwarded to staff by the City Attorney). According to the City Attorney, he felt that 60 days was the most appropriate restrictive time -period for sign placement. The next section eliminates signs in the public right-of-way except official, traffic control, directional and identification signs erected by the City or other government agencies with jurisdiction. DCM/DeStefano said that this amendment responds to adverse reactions during recent elections. Chair/Tye said he thought people were entitled to place election signs in the public right-of- way within 30 days of an election. DCM/DeStefano responded that according to the City Attorney, individuals are not entitled to place election signs in the public right-of-way even though it has become common practice. If the Commission wishes to allow signs within the public right-of-way, that would be the recommendation to the Council. VC/Nolan asked if staff could determine other municipalities that have adopted a similar sign ordinance. He applauded the language and the effort to remove election signs from the public right-of-way. Section 22.42.060 — Guesthouses: amendment relates to lot coverage for guesthouses. Section 22.42.130 — Radio and Television Antenna and Wireless Telecommunications Antenna Facilities: amendment relates to the number of telecommunications facilities on a parcel in residential zoning districts. Currently, the code does not specify these types of facilities with respect to whether more than one would be allowed per property. Section 22.42.120 — Secondary Housing Units: amendment relates to changing the current MAY 13, 2003 Page 7 PLANNING Minor Conditional Use process to a ministerial review process to comply with Government Code 65852.2. Section 22.68.030 — Restrictions on Non -Conforming Structures: amendment relates to when a structure shall be deemed non -conforming. PROJECT ADDRESS: APPLICANT: Citywide Diamond Bar, CA 91765 City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Development Code Amendment No. 2003-01. C/Tanaka was concerned about the sign standards. He would favor approval of the remaining items and would like further consideration of sign standards with additional input from staff about how other cities handle sign standards. VC/Nolan felt it would benefit the Commission to understand what other jurisdictions are doing. C/Nelson agreed. He felt .that the concept of restricting public property for placement of election signs made sense. Given what took place during a recent election, it would add an element of accountability and responsibility to the election process. On the other hand he did not want to diminish the excitement of political debate. He too, favored discussing the sign standards further and approving the balance of requested amendments. Chair/Tye concurred. He was surprised that the City Attorney found it defensible to ban election signs in public right-of-way. His understanding is that it would infringe on his freedom of speech. He realized there may be a need for limitations and the limitations may have been requirements that were ignored. He has a problem banning election signs from public right-of-ways and would like additional information on the subject including other jurisdictions that have found it to be successful and those that have been able to ban election signs and found it to be defensible. DCM/DeStefano asked if the Commission was comfortable with the recommended standards for landscaping. Chair/Tye said he did have reservations about approving the recommended standards. To MAY 13, 2003 Page 8 PLANNING C/Ruzicka's point about water usage he would like to see more data on that subject. VC/Nolan reiterated his desire to see what other communities similar to D.B. are doing with regard to landscaping. He brought up the matter of cell sites. DCM/DeStefano asked if the Commission had a desire to limit or reduce the number of items on church and school properties as it does on residential properties. C/Tanaka felt the Commission should consider each type of slope. Some have steep grades and other slope grades are relatively mild. Additionally, the City has slopes that have been cut into the hillside as opposed to a fill and they would be difficult to work with. VC/Nolan felt the City should have restrictions and as a review body have some recourse before it gets out of hand. Regarding the sign ordinance, his vision of people having signs in their yards is that someone sold the property owner on the notion that he would vote for the individual. Private businesses do the same thing. The race to lace them up and down Diamond Bar Boulevard does not speak to that. As a voter it would be more compelling to see a sign on private property than on a major boulevard. He does not want D.B. to be the first City with a sign ordinance that adopts a restrictive ordinance. If there are other municipalities that have been successful in adopting such an ordinance and there have been no issues, he would feel a lot more comfortable. DCM/DeStefano stated that based on the comments received from Commissioners, staff would like an opportunity to bring additional information back to the Commission for further consideration at the June 24 meeting. If the Commission is comfortable in adopting the balance of the items, it could excise the three categories of concern. Chair/Tye opened the Public Hearing. C/Tanaka moved, C/Nelson seconded, to recommend adoption of a resolution approving Development Code Amendment No. 2003-01 extricating Sections 22.34.030, 22.34.040, 22.34.050, 22.34.060, 22.36.050, 22.36.080 and 22.42.130, and continue the public hearing on those items to June 24, 2003. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8> PLANNING COMMISSION COMMENTS: C/Nelson said he watched with keen interest the telecommunications tower at St. Denis go up and he is very pleased with the result of the installation. His only comment was that next time the tree should not look so perfect and that the bolts tying the tree to the ground should be camouflaged. MAY 13, 2003 Page 9 PLANNING Chair/Tye agreed that it was a good installation. . 9. INFORMATIONAL ITEMS: DCM/DeStefano earlier joined the City Council for tonight's study of the City's current and next year's goals and objectives. Council is working on next year's budget. Some of the items that staff would likely bring to the Commission would be some hillside residential projects, zone changes to coincide with the City's General Plan, General Plan changes and other projects yet to be determined. In 2004 staff should be presenting the Commission with larger retail projects to be constructed on some vacant remaining land — one on the Calvary Chapel site and Site D. Similar to Council's recognition of "Business of the Month" it is considering "House of the Month" to acknowledge well -kept properties. The same format could be used to showcase a "Business of the Month." DCM/DeStefano stated that the Extended -Stay America project was withdrawn at the last second. Extended -Stay America, a partner in the project, would have exceeded its debt ratio with its expansion campaign so all projects not physically under construction were stopped. DCM/DeStefano reported that he, Council Members, the City Manager and other staff members would be attending the Retail Developers Conference in Las Vegas next week. DCM/DeStefano stated that construction has begun on the four year SR57/60 HOV connector project. Chair/Tye asked if staff would attempt to interest another hotel owner in similar plans for development of the trailer park. DCM/DeStefano said he would use the plan that was forwarded to the City Council. He said he would also use the fact of the Planning Commission approval as positives. There was a small window of opportunity for Extended - Stay America to rescind their withdrawal. If there is not some direction from the developer very soon, they would most likely have to come back before the Planning Commission before the project went to the City Council. Chair/Tye pointed out how the center across from Lorbeer Middle School at the corner of Golden Springs Drive and Diamond Bar Boulevard has improved. He asked DCM/DeStefano if he would use such examples to attract other business. DCM/DeStefano said he would. As presented in the agenda. . 1 � C/Tanaka moved, C/Nelson seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 8:45 p.m. Y 13, 2003 Page 10 PLANNING Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Steve Tye MEMORANDUM COMMUNITY & DEVELOPMENT sERVICEs DEPARTMENT Planning Division TO: Chairman and Planning Commission �. �• - •_ �. • 11.E -• - ... • T Z.• 11 l Development Review No. 2002-34 (pursuant to Code Section 22.48.020) is a request to construct a 31,050 square foot• - • building • be utilized for medical 11: • /1 -• • • • rem •• - "06 QI On April 2, 2003, the City received a fax from the Gateway Corporate Center Management Company. The Committee reviewed the materials, etc. and did not give the project an approval at this time. On April 7, 2003, the Applicant requested a continuation of the project to a future hearing date and on April 22, 2003 the Planning Commission continued the Public Hearing to May 27, 2003. On 11 r received . letterrequesting withdrawal of - .•• • -- ? -• Staff recommends that the Planning Commission accept the withdrawal of Developmenl Review No. 2002-34/Negative Declaration No. 2003-02. - T`IFAam vQllce Furukawa office V)6W7174 CoNrl!I TING 06l, IMfl W 5455 m Vlut�l'rWYHaj•I�IDYRa.ldllfG[IILQ 91'(W B"mait: Vfunj'j-TfRmIII6mIII, May 15, 2003 Ms. Linda Smith Development Services Assistant City of Diamond Darr Planning Department 21 E25 1-.. C: opley 'Drive t)iarnond Bar, California 91765-4178 Etc: E)cveiopme-xri ltrview No. D''-34 for Property L.ctcatctl qt 1366 tiouLh i3tidgcgato Drive, Diamond Bar Dear Ms. Srnitlt, Raiser FouncLation Health Plan, Ittc. hereby withdraw- its application for Development Revicw No. 02-34 in order to compete the review of the project with the Diamond Bar Corporate (:enter. We anticipate rrsamtinb the processing of the project in the near future. vel Truly v vaucc.imkawa Prttjra;L Applicant erneAnjn.4aouen :w0J.1 19£68606061 0-vio) b£ t7z 9L LZ'SO-£OOZ Z 10 Z abed :al City of Diamond Bar PLANNINGI I N Staff a ort AGENDA ITEM NUMBER: REPORT DATE:, . May 20, 20CJ- MEETING DATE: May 27, 2003 APPLICATION_ T r request • construct a two story, single-family residence with portico, balconies, covered patio, pool bath, and garages totaling to approximately 15,546 gross square feet. The request also includes pool/spa, BBQ, walls with an exposed height varying to a maximum of six feet. PROPERTY LOCATION: 2001 Derringer Lane (Lot 73, Tract No. 300911 APPLICANT: Pete Volbeda, 615 North Benson Avenue, # D, Upland, CA 91766 BACKGROUND: This property had a previous Planning Commission approval in 2000. However, the approval was not acted upon, that owner sold the property, and this new application is submitted. The property owner, Vinod Bhatia, and Applicant, Pete Volbeda, are requesting approval to construct a two story, single-family residence with portico, balconies, covered patio, pool bath, and garages totaling to approximately 46 gross square feet.The request also includes ••• •f 1313Q, tennis court, and a series of retaining walls with an exposed height varying to a maximum of -- The project's address is 2001 Derringer Lane (Lot 73, Tract No. 30091) Diamond Bar, CA, within the gated community identified as.The Country Estates. The parcel is 4.51 gross acres and 3.64 net acres. The project- is an irregular_•e with a ._w. yard that slopesdown toward the canyon. According • the Tract Map, the project site contains a Restricted Use Area and Flood Hazard Area located at the northwest end of the property. Additionally, an easement for slope purposes The project site is zoned Single Family Residential -Minimum Lot Size 40,000 Square Feet (R-1- iii- -. ._•, Residentiali� General _ r �designation Rural ). The site is surrounded by ^ -40,000 Zone. This application requires Development Review by _ P • Commission Municipal Code, Section 22.48.020.a(l). Development Review is required for projects involving building permit for construction _ 10,000 square feet of combined gross floor area. The proposed 15,546 square feet single-family residence on a vacant lot requires Development Review. The purpose of this review process is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment r • attracts - -_ _ interestofresidents,•.. shoppersand visitorsas _ result • . consistent _ire_ exemplary design. ® Development Standards The following is a comparison of the City's development standards and the project's proposed development standards: City's Development Standards Project's Devel2pment Standards 1. Setbacks (main structure): 1. Setbacks (main structure): I ® Front yard -30 feet from property line • Front yard- 33 feet from property line ® Side yards -10 feet & 15 feet minimum • Side yards- 23 feet and 253 feet from from property line property line • Rear yard -25 feet minimum from property line • Rear yard -Approximately 450 feet from property line 2. Building Height: 2. Building Height: ® Maximum 35 feet ® Maximum 35 feet 6 3. Parking: Minimum two -car garage with each bay e Six -car garage and motor court - minimum 10'x20' 164'WX25'L 4. Site Coyerage-overall maximum 30% Site Cove rage -App roxi mate ly.60/o ® Architectural Features and .Colors The proposed project's Mediterranean architectural design -and paleite is compatible with other eclectic architectural styles within The Country Estates and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. The front entry of the house is 14 feet lower than street level. - Balconies with wrought iron railings ArchedTwo-story entry/foyer with glass and columns windows Layering of materials with La Habra Oatmeal (off white) stucco and painted trims of Dunn Edwards Cameo (cream) and Cedar (brown) for the fascia, bellyband, and window treatments Multi-levels of roof lines of Monier Sunrise Lifetile to add texture and contrast. The rear of the structure has a covered patio area, The Applicant has received -the approval of • Country• .• Association Architectural•- _ color board is -• ® Floor Plans The proposed single-family structure consists of two -stories. The first story includes the six -car garage; pool bath and shower; laundry; electrical room; guest bedroom with bath and walk in closet; the two-story open entry/foyer; living room; dining area; kitchen and kitchenette with pantries (second kitchen allowed with RR development standards); nook; family room with fireplace and wet bar; library with fireplace, master bedroom suite with exercise room, sitting area two walk-in closets, and bath with sauna; and the attached patio cover at the rear of the house. The • • story includes.maid'sbedroom with wal .r• r••- an • •.'h •. • .•e • four additional bedroomsadjoining baths andwalk-in-closets.Three of W,edrooms have a balcony. ® Accessory Structures The gazebo, and pool are • ^• on _ - plan and meet a -five feet minimum setback The tennis court structure is not a part of the Development Review application request and A be reviewed at a later date. The Tennis court pad andlocation are part of this Developme Review. The setback at the street side is 30 feet. The pad will be part of the grading process. Th structure's lights and fencing are deleted from the plans. A separate Planning approval is require for the structure and a separate permit is required from the Building and Safety Division. Currently, a Minor Conditional Use Permit process is required for,the tennis court fencing heig greater than six feet. However, the City is -considering changing this process to Director approv if the fencing height is 10 feet. The Planning Division at the time of the permit process will revie the fencing and lighting. VIEW IMPACT The terrain in the vicinity of Derringer Lane is hilly. The parcels on Denringer Lane generally folio the ridgeline and slope from the street downward to the rear of the lots. The subject site is simila By maintaining the allowed height of 35 feet or less, the proposed residential structure allows vie corridors to its neighbors. Therefore, staff does not consider this proposed residence detriment views of the existing properties. I The grading and drainage will be reviewed, approved, and permitted by the Public Works Division. The retaining walls by the Building and Safety Division. Both have reviewed the plans and their comments are contained in the conditions of approval. 0 Tennis Court/Storm Drain Easement Per the Public Works Division, the storm drain easement is private. The Applicant will be able to reroute the drainage and place the tennis court in this area. 0 Soil Report The Applicant has submitted concurrently a soils report to the Public Works Division for the proposed improvements and is being reviewed by the City's Soil Engineers, Leighton and Associates. The soils report is required to reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. - Grading and Drainage Import is necessary of approximately 9,300 cubic yards. Estimated cut is 5,582 and fill is 13,488 and shrinkage of 1,349. The grading plan will be required to note the plan for the import of dirt. Per Municipal Code Section 22.16.030 and 22.28, grading permits are issule;d with conditions related to air emissions and noise, thereby minimizing impacts to surrounding properties. The proposed design and use of on-site drains disperse runoff to the rear of the property. The project 0 proposes to leave much of .4 •" in - natural ":r_ with the drainage devices placed with the *riginal tract's grading, minimizing the grading necessary per the General Plan and the City's Municip. Code. ® Retaining Walls/Planter Walls � , ,- ; The front entry of the house is 14 feet lower than street level. The pad is being constructed via 2. series of retaining walls including front walls holding a cut, which are not visible from the ;ztreetscape. There are retaining and planter walls in the rear and side yards with a maximum exposed height of six feet. The Municipal Code allows six feet maximum exposed height for retaining walls and up to seven feet with areas of varying topographical features. Ornamental retaining walls are required using either stucco or decorative block. The Municipal Code allows a total 42 inches of railing height on walls of this type (holding a fill). ® Sewer and Water System _ Applicant is required to verify that the project site s currently connectedto the public system • impacts on sewage capacitys-e-_' the proposed residence will be approved. The Applicant is also required to submit an application to the Walnut Valley the issuance of building permits LANDSCAPING • •- LANDSCAPING A landscape plan was submitted for review and approval with this project's application delineating the type of planting materials, color, size, quantity and location. It will be required that the front yard landscaping/irrigation be installed prior to the Planning Division's final inspection. Any walls, gates, fountains, etc. that may be proposed within the setback shall not encroach into the streets' dedicated easement; nor, shall any such structure or plant material proposed within the front setback exceed a maximum height of 42 inches. Additional landscaping trees and shrubs will be required to soften the height of the rear and side retaining walls. The revised final landscape plan will be reviewed and approved by the Planning Division prior to the issuance of building •- The applicant's signed tree preservation statement indicates walnut trees. These are protected/preserved trees per Municipal Code Section 22.33. Staff's site visit verified the trees are at the rear of the parcel. Prior to the issuance of the Grading Permit, Tree Protection Requirements as required per Section 22.33.140 shall be installed for the walnut trees. The grading inspections shall confirm the protection of the walnut trees. A • • �_.� ^ • �` • � •Y� ., :,� a ,� - y � .. y • . �,.� .� • atipubwl at Me sI at Me s Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CE0A), Section 15303(a). gem 1 . The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural crite&,I, for specialized area (e.g., theme areas, specific plans, community plans, boulevards, of planned •^ •• 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic ol pedestrian hazards; 3. The ^design . .. e characteristics architectural •„ " proposed •^ * ••._.__. . " compatible with of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public; as well as, its neighbors through good aesthetic use of materials. texture, and color .a. will remain aesthetically appealing; 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or • • ^.. - Environmental6. The proposed project has been reviewed in compliance with the provisions of the California 1. ®raft Resolution of Approval with, above (*) Findings; 2. Application; 3. Tree Statement; 4. Sample Covenant and Agreement; 5. Materials/colors board; 6. Aerial; 7. Exhibit °A" ® site plan, floor plan, elevations, landscape plan, and preliminary grading/retaining wall plan, dated May 27, 2003. N ATTACHEMENT "I" ®RAFT PLANNING COMMISSION RESOLUTION NO. 2003-xx Recitals The property owner, Vinod Bhatia and Applicant, Pete Volbeda, have filed an application to approve Development Review No. 2002-16 for a property located at 2001Derringer Lane, Diamond Bar, Los Angeles County, California and part of the gated development identified as The Country Estates, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the R• P On 11 property ••__ owners 500 -foot radiusof the project site were notified by mail and three other locations were posted within the .•• • On 11_ the • • public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers • a public hearing notice display board was posted at the On 11 Planning Commission of _ of • • 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 • _ City •.. Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified .••.- in this Resolution is categorically exempt from 9 requirements of the ATTACHEMENT I` DRAF] promulgated thereunder. This is pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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-alterationswhich have been incorporated into and conditioned upon the proposed project sot 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 upon the findings and conclusions set forth.herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 2001 Derringer Lane (Lot 73, Trac) No. 30091) Diamond Bar, California, within the gated community identified as The Country Estates. The parcel is 4.51 gross acres and 3.64 net acres, The lot is shaped irregularly, wider at the front and sloping downward from Derringer Lane to the rear of the property. The project site contains a Restricted Use Area and Flood Hazard Area located at the northwest end of the property and an easement for slope purposes and ingress/egress located at the lot's southern portion. No development is proposed within these areas. A ten feet easement for storm drain purposes and a six feet easement to the County of Los Angeles for Sanitary Sewer Purposes traverse the lot's southern portion from the street front to the rear property line. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site is zoned Single -Family Residence, 40,000. (d) The application is a request to construct a two story, single-family residence with portico, balconies, covered patio, pool bath, and garages totaling to approximately 15,546 gross square feet. The request also includes pool/spa, BBQ, tennis court, and a series of retaining walls with an exposed height varying to a maximum of six feet. DEVELOPMENT REVIEW designand layout the proposed d= == ip the GeneralPlan,developmentstandards design guidelines, and architectural criteria for specialized area (e.g., theme areas, -specific plans, community plans, boulevards, or planned • MUM MWITY"Frat, ItIc PA31#10SOU project complies with the r elements of the adopted General Plan of July 25, 1995, which has a land use designation of Rural Residential (Max. I dulacre). The proposed use is zoned for single-family residence at R- 1-40, 000, The proposed r complies ...._• _ with the City's and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond is 1Code.;, • applicant obtained the approval of The Country Estates Homeowners Association Architectural Committee. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use . . 1 enjoyment • . neighboring existing • _ future development, and will not create traffic or pedestrian hazards. • • - • •. ••.t •- wanin an existing tract designed for single-family homes. The proposed new construction does notchange the use intended for residence. The developed property is not expected to unreasonably 1 •I 1 • .. r •" 1'.•. . 1 The project site is adequately served by Derringer Lane. This privall street is designed to handle minimum traffic created by this type Q • . M • •) The architectural design of . •r•••s-• development Plan,with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General " Design ity Guidelines, or any applicable specific plan. 0 DRAFT consistentThe Country Estates, and are with the General Municipal •., Code,and Design Guidelines. The proposed project's architectural style is Mediterranean. i. r . front entry 1 the house is „1 feet lower than street level. _ project's architectural „ curb appeal include balconies with wrought iron railings; two-story entrylfoyer with glass and columns; arched windows; layering of .:JrVIS 1` roor tines 1' Monier Sunrise Lifetile ta add texture and contrast. 1„ the structure has a large covered patio area. The Applicant has received the approval Architectural • 17ith the added condition of approval for more landscaping to scree& the retaining in the rear and side yards and with a maximum height of six feet, the walls are compatible with the neighborhood. Many homes in The Country Estates have similar structures. Ih) The design of the proposed development will provide a desirable environment ._.. for occupants and visiting public, _s its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. projectcolors/materials board is provided. The colors,r `' and textures proposed are complimentary to the existing homes with the - while offering variety. 0) The proposed project will not be detrimental to the public health, safety, -or welfare or materially inju ' rious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements injuriousING • the properties •. improvements The terrain in the vicinity of Derringer Lane is hilly. The parcels on Deninger Lane generally follow the fidgefine and slope from the street downward to the rear of the lots. The subject site is higher at street level, sloping to lower elevations toward the rear of the property. By maintaining the allowed height of 35 feet, the proposed residential structure allows view corridors to its neighbors. Therefore, the 0 DRAFT proposed residence will not have significant detrimental view blockage impact. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: elevations(a) The project shall substantially conform to site plan, floor plans, and materials/colors board collectively labeled as Exhibit "A" dated May 27, 2003, as submitted to and approved by the } • Commission. debris,(b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, -addition, or implementation of the entitlement granted herein. The removal of all • refuse, whether during or subsequent t• construction, shall be done only by the property owner, applicant or by duly permitted waste contractor,who has been authorized • the City to "• •^ collection,d disposal of • • waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to ' insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide'such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along - projectperimeter. - • shall remain until - Building. approves its rem• (d) The Applicant shall provide temporary sanitation facilities while under (e) Prior to the issuance of any permits, Tree Protection Requirements as required per Municipal Code Section 22.38.140 shall be installed for the walnut trees. The grading inspections shall confirm the protection of R Mxs��M- �-- ff) The Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the Public Works Division prior to issuance of grading or retaining wall permits. The soils report shall also reference the suitability of the retaining walls to withstand pressureof the retained soils and proposed development. (g) A grading and retaining wall plan shall be required. In accordance with the City's grading requirements, the grading plan shall be reviewed and approved by the City before the issuance of a grading permit. On is grading plan the following shall be delineated: M. ATTACHEMENT 1 " DRAFT (h) If applicable and prior to any City permit, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (i) if applicable and. prior to any City permit, an erosion control plan shall be submitted for the City's review and approval. Measures shall be in place for construction started after September 15, 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. Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed structure shall be approved. Applicant shall verify availability to and make application for connection to the sewer with the Los Angeles County Department of Public Works and/or the Sanitation District prior to the issuance of any City construction permit. (k) The tennis court location in the storm drain easement is subject t# approval by the Public Works Division and the approval of a plan t# route the flow. (1) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (o) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (p) The single-family structure requires Fire Department approval and located in "Fire Zone 4" and shall meet the following requirements that fire zone: All roof covering shall be "Fire Retardant, Class A"; tile roofs shall be fire stopped at the eaves a entry of the flame or members under the fire; r _J ATTACHEMENT I" DRAFT 2. All enclosed under -floor areas shall be constructed as exterior walls; 3. All openings into the attic, -floor, and/or other -enclosed areas shall be covered with corrosion -resistant wire mesh not less than 114 inch nor more than Y2 inch in any dimension except where such openings are equipped with sash or door; 4. Chimneys shall have spark arresters of maximum 1/2 inch screen. (q) This single-family structure shall meet the State Energy Conservation Standards. (r) Due to the site's topography, applicant shall comply with special design requirements as specified in the 2001 California Building Code, Section 1806.4.2, building setback, top and toe of slopes. Is All sleeping rooms shall have windows that comply with egress requirements. (u) Hand rails and guardrails shall be designed for 20 -pound load applied laterally at the top of the rail. (v) Smoke detectors shall be provided in conformance with the 211 California Buildin•._••- •• • Code pplication shall provide window and door schedule for Building ani Safety plan check. (x) Pool/spa, gazebo, BBQ, and tennis court shall require separat building permits. I (y) A final landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of a Building Permit. The plans shall include trees and shrubs, in addition to those shown on the preliminary landscape plan, to soften the retaining walls at the rear and side yards of the pad. 0 W ATTACHEMENT I DRA street's dedicated easement or exceed a maximum 42 inches ir height. (aa) This Planning Commission approval is for the location of the gazeblo and the tennis court only. The gazebo plans and tennis court structure plans shall be submitted to the Planning Division for separate review and approvals. prior to the issuance of building permits. (bb) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of .the roofline. The 35 feet includes the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. (cc) The single-family residence shall not be utilized 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. (dd) 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 must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (ee) The Applicant shall comply Department and City Planning, Divisions. ��Illllm, 0 (ff This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. 9 ATTACHEMENT 1 " DRAFT (gg) This grant shall not be effective for any purpose until the permiftee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (hh) If the Department of Fish and Game determines that Fish and Gam6 Code Section 711.4 applie's to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashiers check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Vinod Bhatia, 56 Westbrook Lane, Pomona, CA 91766 and Pete Volbeda, 615 North Benson Avenue, Unit D, Upland, CA 91786. APPROVED '•P THIS 27 th DAY OF MAY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 9M Steve Tye, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning "I 1h Commission held on the 27 day of May 2003, by the following vote: AYES: Commissioners: NOES: ABSENT: ABSTAIN: Wfiffiffins James DeStefano, Secretary im 9174 phofle&P L121 non' Lt -A -7-3 ® /1 — , NOTE: It is the applicant's responsibility to nol the Community Developiawat Dirwor in maiting c)f any chuge of the principals involved dMing the processing of this cl I 11�� � 1111 1111, 11 �� g I Consent: I cer!fi thWV I arma the lo�wner of the herein described properly and pennit she appficant so fde Xhis request - signed Date —5 e e�7 ;L - (All record owners) Cerfification: 1, the unders4ned, hereby cerfify under penalty OfPeOFu)Y the Wonnation herein pro Wded is coffee, to the best of nq knowiedge. 2nrl �e Named o Date PP _,t or ppbcxnt or 'i CL v,-,, Location :73 (Steri; address Or tract and lot number) ZOUMg —.., 1 1 -4 , - r- -- � Previous CAsez Present Use Of SjLc 14� e .59 Use applied for Lt � J, NO r' dp® � Area dev'oted to struemrasn ping/open/�®337 Project size LotCoverage__ , Proposed density style ®f Arcliftectm (U Ls/Ac ) Number ®f Floors Proposed Slope of Roof / Cut Import IfYes,QMatity Export If Yes, Quutity If Yes, tity Fin k DEVELOPMENT REVIEW ANDADMINISTRATIVE DEVEL NT REVIEW BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Division/Planning Commission the following facts: (Answers must be detailed and complete. Attach additional sheets of paper if necessary.) 1 The design and layout of the Proposed development consistent with the General Plan, development areas,standards of the applicable design guidelines, and architectural for specific _. plans,unity boulevards planned s �. criteria - 2 The design and layout of proposed developmentwillnot interfere .r, the - use d enjoyment of neighboring existing or future develop . ments, ,.. will not create traffic or pedestrian hazards; The arca tectural design of the proposed development is compatible with the character of the surrounding ne:cnnorn000 and will maintain and enhance the harmonious, orderly and attractive development contemplated n'. 'ne DeveioDment Code, General Plan, or any applicable specific plan; Tne ees c^ o` the DroDosed development will provide a desirable environment for its occupants and visiting Dunilz as weas le cnDors through good aesthetic use of materials, texture and color, and will remain aestne;,ca, aDDea anc C� !l ®1 vs e a 0 5. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on the property values or resale(s) of property) to the properties or improvements in the vicinity. -3� �5 e I —ks 0 The subject property is Y2 acre or less and is exempt from Tr Pres ervat'i-on' Requirements. I The subject property contains no native oak, walnut, sycamore, willow, or naturalized California Pepper trees. The subject prope'rty contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. �� �,�Zi' %- j Lk S Signature) — -CR'-S -REE STATEMEN- Y (Date) M • r • •° % " WHEN RECORDED MAIL TO: City of Diamond Bar 21625 E. Copley Drive Diamond Bar, CA 91765 . Above Line For ' , 3 j; ;. T� fi l ar �,- .�.....,,,, __ ,. arra .,...�....�.. ................�...... ......�,.._. ..._.,.,�,..,� herebyThe undersigned certify arra: d c Suraksha ".m a a owner(s) of the hereinafter described real property located at 2001 Derriinqff__Lane in the City of Diamond Bar, County of Los Angeles, State of Cal rnia, commonly known MAUMUGIA -a H90140-11 Its • ' 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• ^ used for single ,•. family residentialpurposes -arra• that no portion of the .. or property shall be rented,'• •,.. • • -'•.".`. • .part. from ... remaining araa- ..• portions of ^ property •., 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. A 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. . Wel"M Mat 01819 01831 ATTACHMENT "6" �WIN00}YS 95/98/T000/hIL' Scale 1:6797 sl�� ��A�/C®�C. GRDG. PATE WED D �@h&@gLw@ PI®�11ig RESVENC, FOR ONATIA Amami a� 615 N BENSON AVE, SITE b', UPLAND CA 91786 FAX 909 373 M0OMNGER LANE OlAMONO 94R, CA TRACT 3009! LOT 73 ° "`� TEL 909 373 1150 MR WALL E 10' STOR L9E!£NT AN )T vtsn PT 2 FLOW FM lTOF BASK 41 e SITE PLAN ESIDENCE FOR BNATIA - DMAGER LANE omAGwD BAR. CA TRACT 30091 LOT TJ 4� y 6;b,Qti -9 r' (Qu 1 � ll V ) N .4;; m d amA $ v g� —nd G7 N w y X c �� 615 N BENSON AVE., SUITE 'D', UPLAND CA 91786 TEL 909 373 ➢50 FAX 909 373 1152 _-MATCH LINE_ -- _________________� \ a / O n I m Y I b SI � -_____ ______� _ _4___________ _______________fit__. 0 u �I O � I m I yr I q 13 t S Is IV1\ y I __________________ IST FLOOR PIAN m wre o -u wm mu w>F jmff— V RESIDENCE FOR OHATIA DIAMOND OAR, CAro- � `I r -1 u I I I I n 1 I y uHA C P TE NOL®EOO Pp@hi Lai@ Phis g 615 N BENSON AVE., SUTE •D•, UPLAND CA 91786 TR 909 3731150 FAX 909 373 1152 i GNI)FLOOR pt1p TE UOLHE mob ijp@ Phi g 615 N BENSON AVE:, SITE 'D", UPLAND CA 91786 (� I RESIDENCE FOR BNATIA DIAMOND BAR. CA' - °' r-0TEL 909 373 1150 FAX 909 373 1152 MATCH LINE ROOF PLAN PTE VOLMA PhRaW10 Phi g ma �� 615 N BENSON AVE,, SUITE 'D', UPLAND CA 91786 {� RESIOENCE FOR OHATIA " OIAMONO BAR. CA - - rn vr. ro- TEL 909 373 1150 FAX 909 373 1152 P O ®Man PpohLodwpo Pi ng q ELEVATIONS aE 615 N BENSON AVE., SUITE 'D UPLAND CA 91786 RESIDENCE FOR BHATIA v� r TEL 909 373 ➢50 FAX 909 373 K2 DIAMOND BAP, CA —U £L£ 606 Xtl3 OSII £L£ 606 131 ai �� V3 M MOWN/( nu a'�+���r V11VH9 VO -4 97H30I39: 99Zt6 VD ONVldl '.4, 31nS "3AV NOSN39 N 919 �"° NVid gddD5®AIV7 .(N7NIW1738d � by ju _ R :•-'' MEETING u - 200L CASE/FILE Development Review • 2003-04/Minor C• • • Permit No.2003-07 APPLICATION request • remodel and construct an approximate 1,242 square•• addition and • • patio to an - • 2,333 square foot one-story single-family residence with covered patio r • threecargarage. 1 ••• r - applicant requests approval • rMinorConditional - Permit J. • allow for the continuation of an approximately 14 feet legal nonconforming • r between structures on r southerlyadjoining parcel. Anthony E. and Desiree A. Maese, 1609 ' • Nuevo If l . _• • Bar, CA • _•._. The property owners/applicants, Anthony E. and Desiree A. Maese, are requesting approval of an Application to remodel and construct an approximate 1,242 square foot addition and covered patio to an existing 2,333 square foot one-story single-family residence with covered patio and three car garage. Additionally, the applicant requests approval of a Minor Conditional Use Permit to allow for the continuation of an approximately 14 feet legal nonconforming distance between structures on the southerly adjoining parcel. MIMI 0141114.19 .•-• • • •. - iii • -i r• • •....i 11 The project site is zoned R-1 -10,000 for single-family residence. Its General Plan Land Use designation is L• Density Residential . i . 011 zone surrounds the subject site to the south and east and the R-1-8,000 zone is to the north and lown 1 ..._ This application requires Development Review by the Planning Commission per the City's Municipal Code, Section 22.48.020.(a)(1). Development Review is required for projects involving a building • • reconstruction d additions to structures, which are equal floorto 50 percent or greater of the the addition of 1,242 square feet to an existing 2,333 square feet structure is subject to the discretionary Development Review process. The purpose •. this review process is t• establish e General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical,• social character of the process will also ensure respectsthat new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. Also, to utilize the City's Design Guidelines in conjunction with the City's Municipal Code to promote development that physical r • environmental r of community • the site. ® Legal Nonconforming Status -Minor Conditional Use Permit existingThe structure was approved using the Los AngelesCounty•• 9 70 and met - required setbacks of ••- prior to the City's incorporatio ® Front 20 feet Sides 5 feet on the sides ® Rear 15 feet ® Height Average Finish Grade no more than 35 feet ® Front 20 feet Sides 5 feet on one side, 10 feet on the other, and 15 feet between structures on adjoining parcels ® Rear 20 feet ® Height shall not exceed 35' from the natural or finish grade at any exterior wall of the structure to the highest point of the roofline 9 the The setback standardshave r •ted from Los Angeles County Code. In this case distance between structures • - southerly a• • • parcel does not ter' r standards e.. forth Diamond B.Municipal Code.Therefore, application • .. • . .• r nonconforming structure per Section 22.68. Nonconforming defined as any parcel or r was .•+ .r "• or • e• prior to the adoptionof e current Diamond Bar Municipal•• r••• "• November iii and which does not conform • Code provisions/standar prescribed for the zoning district in which the use is located. The addition, enlargement, extension, reconstruction, relocation or structural alteration of nonconforming structue may be allowedMinor• l r Permit approval, compliance with Chapter 22.56. The Planning Director or his designee may approve proposed projects of less than 50% provided that the total site coverage is no more than /., percent, that the project conforms• applicable provisions of the Municipal Code, and This proposed • • • • to applicable• the Municipal Code, coverage r0 percent,• it meets the required heightlimitations• does not encroache into the setbacksexisting structure. However,e proposed project is more than 50 percent of the existing square footage. Therefore a public hearing by r Hearing • '.. . • approval .. .MinorConditional .Permit..._. • findings are required. ® Planning Commission Authority Pursuant to Municipal Code Section 22.43.030, the highest level of authority shall make concurrent processing; therefore, the Planning Commission shall hear both applications. ® Development Standards The following d • • of development stan•. • and the • • grog• e• development stan•. • City'sDevelopment Standards FE Project's Development Standards 1. Setbacksr•Setbacksr (main Front r d. 0 feet fromproperty e Front•- 20 feet fromprop0 erty Side yards -5'& 10' minimum from @ Side yards- 6 _ feet and 13 feet from property line, and 15' between structures property line, and meets 15 feet between on adjoining parcels structures on north side, approximately 14 feet and Minor Conditional Use Permit approval on south side* • Rear yard -20' from property line • Rear yard -exceeds 20 feet minimum to property line** • Site Covera e -overall maximum -40% • Site Coverage -Approximately 32% 2. Building Height: 2. Building Height: ® Maximum 35 feet • Single story approximately 19 feet includingchimne 3. Parking: 3. Parking: ® Minimum two -car garage with each bay Existing three car garage*** 23'Wx23'L minimum 10'x20' plus driveway * The above application's analysis indicates that the proposed reconstruction/remodel meets Municipal Code Standards, but requires Minor Conditional Use Permit findings for the legal .••_ • • status • .: . a. • distance •...r. _ structures .. southerly r._ adjoining parcel. The plans indicate 7.5 feet total between the southerly distance of structures. Staff measured the aerial from eave to eave at 11.5 feet. Additionally, the site visit indicates that the distance is incorrect and is closer to the 14 feet noted. This project meets the Legal Nonconforming and Minor Conditional Use Permit findings. "The rear setback is determined as the line five feet long within the parcel,parallel to and at a maximum distance from the front lot line (at the far rear corner). 'There are a total of four bedrooms plus the potential of the den as a bedroom with a three -car garage and driveway. Staff anticipates adequate parking for this remodel. • General Plan/Design Guidelines/Compatibility with /Neighborhood The General Plan has two strategies relating to compatibility within the Land Use Element: Strategyresidential provide • - • for single family housing and require that new development be compatible with the prevailing character of - surrounding neighborhood Strategy2. Requires that - developments be compatible with surrounding land The mass of the addition's square footage is at the north side of this irregularly shaped lot and maintains the single story. The large lot slopes in the rear, however the reconstruction/remodel is located on the existing pad. There are variations of one and two story structures in this neighborhood with varying square footage. This application is consistent with the neighborhood and immediate neighbors and maintains the overall 0 .!- •.,__ r - - pry - � •! .,� � •-_ The proposed single family residence's contemporary architectural style is maintained. The project uses architectural styling with the use of existing dual door entry; stucco; wood trim fascia; and layering of materials and finishes with asphalt shingles and multi-levels of roof lines that rids texture r,.• contrast. obscure six inch glass block window• bathroom addition. The use of these materials -provides variety and interest. By maintaining the project's architectural trim and palette, it is compatible with the architectural style of other homes the tract. Staff has added . condition of approvalthe new front elevation • element at an approximate height to match the railing on the main structure. See attach sample. The revised elevation shall be submitted to the Planning Division for review a add • Floor Puns aa-4walk in closet. ® Covenant and Agreement As with manyapprovals,r: condition • approvalhas been r•!-• ... the Owners/Applicants is required to complete and record a "Covenant and Agreement to Maintain a • ' Family Residence" on • • • - provided • • r must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. • Existing Patio Cover There is no permit on file for the existing patio cover; however, the patio cover appears on the Assessor record. It is a condition of approval that the Owners/Applicants obtain a building permit or remove the existing structure prior to issuance of any city permits for this Planning Commission approval. The subject reconstruction/remodel is on the existing pad. No grading or retaining walls are anticipated. Should it be necessary to work more than 50 cubic yards of earth, the Public Works Division will require a grading/drainage plan. Public Works has noted that the direction of the drainage is to the street and conditions that the flow not run onto the sidewalk. Additionally, they note that a subdrain system may be required to collect the water runoff from the roof. An Encroachment Permit may be required for a subdrain system to direct the runoff into the gutter via a curb drain. WTINNOWN51=10M Front yard landscaping is often destroyed during a remodel of this magnitude. Therefore, r • r • landscape/irrigation plan is required as rcondition of •A • r The plan is required to delineate the type of planting materials, color, size, quantity and location, It is a requirement that the landscaping/irrigation be installed or replaced per the plan prior to the Planning • _inspection. • - • Additionally,• t for .h Owners/Applicants thatOwners/App any walls, gates,• . that may be proposed i exist within the front setback not encroach into the street's dedicatednor, shall -y such structure or dense plant material proposed within the front setback exceed a maximum height of 42 inches. The bushes at the street shall be brought int• compliance with this conditionof approval The Owners/Applicants hr - submitted and staff confirmed that protected -i preserved trees will not be affected by the remodel/reconstruction. InianTAILTAI This is r single story• - The neighboring parcels are . •le -family residences and by maintaining the height limits of the Municipal Code, the proposed remodel is not considered •. to the view corridorof • • • properties. PublicThe •rks Division and the Building r • Safety Divisionreviewed this project. Their comments are included in both the report and the conditions of approval. U411001W61,02 Or�-!Tliay 7, 2003, 79 property owners within a 500 -foot radius of the project site were notified by • three other locationswere posted within the r• • On May 13, 2003, the project's public hearing notification was published in the.San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. ►:J 2003- 04/Minor Conditional Use Permit No. 2003-07, Findings of -a• conditions of •• • -7-s listed within the attached resolution. !_. REQUIRED!, PMENT REVIEW FINDINGS:* 1 . The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design • layout of • proposed •^ •• • and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public; as well as, its neighbors through good aesthetic use of materials, and color that will remain aesthetically ••' • 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties • improvements . • 6. The proposed project has been reviewed in compliance with the provisions of the California EnvironmentalA InconsistentREQUIRED NONCONFROMING STRUCTURES FINDINGS:* The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 1 Incompatible with other structures in the neighborhood; 2. ^ . or applicable•.. plan; Municipal3. A restriction to the eventual/future compliance with the applicable regulations of this Code; 4 Detrimental to the health, safety, • general welfare of persons residing in the neighborhood; 5. Detrimental and/or injurious to property and improvements in the neighborhood. a REQUIRED MINOR CONDITIONAL USE PEMIT FINDINGS:* 1 . The proposed use is allowed within the subject zoning district with the approval of a Minor conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any .• specific plan; 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions •' utilities, compatibility with adjoining land uses, • the • •` physical constraints; 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning districts in which the i•` is located, • 6. The proposed project has been reviewed in compliance with the provisions of the • • Quality Act (CEQA). ATTACHMENTS: 1. Draft Resolution of Approval with above (*) Findings; 2. Applications; 3. Tree Statement; 4. Sample Covenant and Agreement; 5. East elevation sample trim revision; 6. Aerial; 7. Exhibit "A" - site plan, floor plan, elevations, dated May 27, 2003. n, A. Recitals The property • •• .. • and Desiree A. Maese, filed an application to approve Development Review No. 2003-04/Minor Conditional Permit • 2003-07, for a property located at 1609 Ano Nuevo Drive (Lot 141, Tract No. 27979), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Minor Conditional Use Permit a • Categorical Exemption shall be referred to as "Application." 2. On 11 9 property owners within a 500 -foot.• of project site were notified by mail and three other locations were posted within the .•• • On May11 • •- public hearing notification was published in the San Gabriel ValleV Tribune and Inland ValleV Dail Bulletin newspapers • a public hearing notice display board was posted at the site. 41. On it the Planning Commission of - City of Diamond conducted and concluded a duly noticed public hearing on the Application. B. Resolution NOW, •'E, it is found, determined and resolved by the Planning Commission of _ of • • Bar as follows: 2. The Planning Commission hereby determines that the project identified above in this Resolution is cr -1• exempt from-• of w thereunder.ATTACHMENT "l " promulgated Articlepursuan• havingof Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, considered the • • as a wholeR. • the findings set forth below, and changes and alterations which have been incorporated into and conditioned i - the proposed • •forth in _ Application, • no evidence before this Planning Commission that.the project proposed herein will have the potential of an adverse eff__ on i life resourcesor 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. hereby4. Based upon the findings and conclusions set forth herein, this Planning •: as follows: - project relto parcel li AnoNuevo Drive(Lot 141, Tract • • "i Diamond Bar,California. - project approximately .25 gross acres. It is an irregularly shaped lot with an existing one-story single family residence. • The GeneralLand Use designation is L•w Density Residential (RL), max. 3 du/acre. The project site is zoned Single -Family Residence, R-1-10,000. 000 zone surrounds • - subject - to the south . • east and the R-1-8,000 zone is to the north and west. • The Application • -• r to remodel and construct an approximate 1,242 square foot addition and covered patio to an existing 2,333 square foot one-story single-family residence with covered patio and three car garage. Additionally, the applicant requests Minor Conditional Use -,_ approval • the continuation of approximately 14 feet legal nonconforming distance between structures on - southerly adjoining parcels. 0 01011=91210TA (e) The design and layout of the proposed development are consistent with the General Plan, development st+ •. i of - applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. C _ ' i I _ - . - i*' - i1�• r i _ I I - r r _• .. �, ,.. . .f I r ._I • �- -.. - •III '• -. r � s 1 • � I r" 1 - 1 i i � - - WW I utri neignootrIV77-s•' •I^ ir-" " Municipal Code, and with the Design Guidelines.There is no plan.specific The proposed I oject conforms to applicableprovisions of Municipal Code, the site coverage is less than 40 percent, comparable •neighborhood, '-require• height limitations, and it does not encroach into the setbacks. This is a single story home. The neighboring parcels are single-family residences and by maintaining the height limits of the Municipal Code, the proposed remodel is not considered an impact to the view corridor of surrounding properties. The design and layoutof - proposed •- -.•.. not interfere with the use and enjoyment of neighboring existing or future development,and will notor pedestrian hazards. Kiowa Crest ®rive and Ano Nuevo ®rive adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a one-story single-family residence. The proposed reconstruction/remodeling does not change the existing use of a single-family residence. Although the proposed addition enlarges the existing residence, it meets the 35 feet height limitation per the Municipal Code. Additionally, the Application has a style consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or traffic. (g) The architectural design of the proposed development is compatible with the characteristics of - surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development c• • r 'i by Chapter 22.48,the Design ♦ or applicable specific plan. The proposed single family residence's contemporary architectural style is maintained. The project uses architectural styling with the use P of existing dual I• •; wood ilayering 1 materials and finishes with asphalt shingles and multi-levels of roof lines that adds texture and contrast. The obscure six inch glass block window is forbathroom addition. i.t f these LIIIII• I. i i�. i _ _ . .- w WAIdI- i ULIIU4-- homes within _ tract.The Application design consistent- General Plan, City's Design Guidelines and Municipal Code. There is I specific plan. . design proposed i- i.• _ provide desirable environment for occupants and visiting public, . a. its neighbors, through good aesthetic use of materials, texture, and color a. will remainaesthetically a••' i - colors, 1 textures proposed _ same as existing 1 are complimentary to the _ • homes within the area # ering variety and low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. The proposed project has been reviewed in compliance th-.-- provisions of _ California•_ Quality Act The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301(e). addition,enlargement, extension, reconstruction, structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. 51 j= As stated in Item (g), the proposed project is compatible with other structures in the vicinity. Many one and two-story structures in the vicinity have remodeled and added the increased square footage. The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming inconsistent with the General Plan or any applicable specific plan. As stated in Items (e) and (g), the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Municipal Code, and City Design Guidelines. The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction• the eventual/future compliance with the applicable regulations of the Municipal Code. The existing parcel was approved by Tract Map No. 27979, Lot 141, as .25 acres. The existing structure was completed under the Los Angeles County Code in 1970 and met the required setbacks of that Code prior to the City's incorporation. The distance between structures on adjoining parcels on the sides has changed from the Los Angeles County Code of 10 feet to 15. The application with an existing approximately 14 feet distance between structures at the southerly property line is considered a nonconforming parcel and structure. These are defined as any parcel or structure that was legally created or constructed prior to the adoption of the current Diamond Bar Municipal Code adopted November 3, 1993, and which does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. The proposed project conforms to the other applicable provisions of the Municipal Code and the exterior limits of the new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure in the front and side where the nonconformity exists. No further nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. 0 DRAFT ATTACHMENT "1" City . permits,1 _ • and soils..I• - are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially a Recorded Covenant and Agreement is required and runs with the land to maintain sinqle family residence (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. I stated in Items r architectural design of proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated ♦. Chapter 22.48, the GeneralPlan, Design Guif f or r applicable s•--. plan. Also, as stated in Item (i), City permits, inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (p) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As state in Items (e®o), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. (q) The proposed use is consistent with the General Plan and any applicable specific As state in Item (e), the proposed use is consistent with the General Plan and any there is not applicable specific plan. (r) 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 Items (e®o), the design, location, size, etc. is compatible with the existing and future land uses in the vicinity. L DRAFT ATTACHMENT °1" (s) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e -o), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. safety,(t) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. City permits, inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. The addition of square footage to the main structure follows the line of the existing one-story structure in the both the front and side, and maintains a 35 feet height; therefore, the proposed application has no negative effect or impact to the view corridor of surrounding properties. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. (u) The proposed project has been reviewed in compliance with th-w. provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CQA), Sections 15301(e). 5. Based upon the findings and conclusion set forth above, the Planning Commission herebyapproves this Application subjectto the following conditions: - project shall su• rlly conform to site plan,•• plans,• elevations collectively labeled as Exhibit "A" dated May 27, 2003, as submitted to, amended herein, and approved by the Planning Commission. N ■®�». �..�� .... , subject site shall be maintained k condition that is free of debris „:h during an, after ��� construction, ,� . . .■■tan or implementation a:..: , :- . - . granted �� �©,.. a:. . the entitlement � .. herein. . removal . . . trash,debris, and refuse, whether during or subsequent to construction, shall be done only ,. the propertyowner,applicant or ,. duly permitted waste c,^1»»,r, «',-< been authorized ,.h- City ,i.■!collection, transportation, _�■ #<,■:� ,°:■ ■ <2- 2: . ..and disposal . solid waste from residential,commercial,construction, .n, industrial areas within City.the . shall ,. the applicant's obligation . insure that the waste co . ,w- ♦ utilized has obtained permits from the City of Diamond ■ to provide such services. #w',-,»»- shall be reviewed an■ approved by the ©.■ ■ Works ■ \#' <u^:- water shall drain the building at a \'. minimum slope. Flow not run ,n:■ the ■ » _n ■ an Encroachment Permit may be required for a subdrain system to direct - runoffinto the gutter curb drain. ■ ° applicable n■ priorto the issuance of any . permits, applicant <h» submit erosion control , z review an# approval. erosion control plan shaconform to National Pollutant Discharge Elimination System ?'■\/ standards and incorporate appropriate Best Management Practices ■ 2®sAdditionally, Applicant shall obtain the:necessary ?®■?? ermi e) If applicable, the applicant shall comply with StandardUrban Storm Water Mitigation®n requirements t■ the satisfaction ,: the City Engineer. a . . ■ » § k :■ § �° ?� Before construction begins, the Applicant <»temporary construction fencing per Building and SafetyDivision's requirements. The fence shall until released ,. the Building Official. ,f applicant- shall provide temporarsanitation facilities while.n, construction. single-family structure shall 2001 California Building Code, California Plumbing Code,CaliforniaMechanicalCode,and the 001 NationalElectrical Cade requirements. § DRAFT ATTACHMENT I" §) The single-family structure requires Fir Department approval and G located in "High Fire Zone and shall mei thefollowing reqtrmenti of the gr Zone roof covering shall ,."». Retardant, Class tile roofs shall be fire c,a,■ at the< to preclude entry of flame ,.members under the fire; All enclosed under-flooreas shall be constructed as exterior ° All ■,-nin,: into the attic,2floor, „ other enclosed areas shall ,: covered with .. . corrosion -resistant �� wire mesh not -:� < ,.1/4 inch nor more than /> inch in :n. dimension except where such openings are equipped »- sash or ■ „ . . 2� shall h,.- spark.w:«a:.,.. screeti. This single-family structure shall State Energy \,n< -»■n Standards. The minimum design wind pressure ,: || miles per hour and exposure. ■-■©--■© :: ■- a4.■-■ k :.:,,� ■-� Prior to the issuanceof any construction permits, the applicant shall submit construction plans to the Los Angeles County ©® Department - for review .., approval. „Applicant » shall submit a soils aa■- if required for the proposed improvements t■ be reviewed and approved ,.- the , Due to - - topography, applicant- comply special design requirements:: specified in the CaliforniaBuilding Code, Section 18 \ building setbac:■a andtoe ■°slopes. a �k�-,/.»--�-W�.w,: ■ :■ ? I ANI-O,-,�-ii ■) A landscape/irrigation plan for the front yard shall be submitted i the Planning Divisionfor review and approval prior to Building Permit The plan shalldelineate the type o: planting materials, color, size, quantity and location. The landscaping/irrigation shall be installed ,r replaced in h- front yard prior to the Planning Division's ATTACHMENT final inspection. Any walls, gates,• r i' proposed within the front setback shall not encroach into street -tedicated easement or exceed a maximum 42 inches in height. . The plan shall be revised to add a stucco trim element on the east elevation at an approximate height to match the railing on the existing main structure. ^ revised elevation shall• submitted to the Planning __• Division•r revier • approval. ^ Vii! �.. ••.* � �... i r:•• +.r r"i r i. • • i' settingThe single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental of r residential site to levels of dust, glare/light, odor, traffic, or other disturbances to the existing residential neighborhood r • shall not result significantlyin . i on public r- • resources.• residence shall not be used for resultcommercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which r nuisance• . d parking problems r neighborhood. (u) The Owners/Applicants shall complete and record a "Covenant and Agreement • Maintain a SingleResidence"on . form to be provided • the City. The covenant must be completed and recorded with r Los AngelesCounty'sprior to the issuance of building permit. (v) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year • be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Deputy City Manager will consider the extension -i duly noticed public hearing in Code.accordance with Chapter 22.72 of the City of Diamond Bar Municipal grant shall i be effective for purpose until the permittee and owners r of property • -.i. . other than ^ ie have filed,fifteendays of approval of this grant,of Diamond Bar Community and Development Services Department, their affidavit stating r. r awarer: ll the conditions of this grant. Further, this grant shall not be effective until ^ permitteepays remaining City processing fees. W DRAFT Department of _ . • - determines it Fish a • Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval,.check of $25.00 for documentary handling ..r in connection with Fish and Game Code requirements. Furthermore, if this project is not exemptfrom • fee imposed because .. project has more than deminimis impact • .. fish i wildlife, applicant shall also pay to the Department of • Game any such fee i any fine Department determinesto be owed. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Anthonyand Desiree A. Maese, 1609• Nuevo Diamond i r x 91765. L -001-01N• • •I I U .0 my(, 0 Steve Tye, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of May 2003, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT- Commissioner: ABSTAIN: Commissioner: James DeStefano, Secretary 11 CITY OF DIAMOND COMMUNITY u LO - - - oleERVICES �w= _ anninpDivisionCase - f r E. ... rive Diamond Bar, CA 91765 113eposit_ub4�;�� JlReceipt, Phone (909)396-5676 7S71 INISTRATIVE DEVELOPMENT REVIEW Date - - FOR CtrY USE s 7DMEVELOPMENT A �' 0 sir Record -owner y Applicant Name ,411 14 eSe_ TOW / (Last name first) ATTACHMENT "2" / (Last name first) Address ��`'L'y ,,�/��, /(,�r/c.'vui�r'i;,(' Cath Zip Phone ( �; L Phone ( ) Phone ( ) Fax: `7 - 7 L ) - 4;12 Fax ( rat ,:. ,?� , , c ) Fax ( ) An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated above. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid. NOTE: I! is the apaiicant's responsibility to notify the City in writing of any change of the principals involved during the process ng o` Inis case (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnersn;as ion... ventures and directors of corporations.) Consent of Owners: I certify that / am the owner of the herein -described property and permit the applicant to rile this request Prin' P i¢ Sicne�: "1-, - . Date Certification of A4 oollcant /, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge Pnr' Na-ne / c Sicne;. -_7 - a- goer/ Date y- j G' - 0-3 Loca;.c d - iS!ree: ap^, /ss C Ira-,, .L U/ h,c. vi'1r: ✓/L/ //G ✓ ` L/ G a^p io: numDeri / 76 J '— Zoninc r ."Ouse Numbering Map/aerial Present Use c�D Previous Cases `®' S � t e _� �-_ �� Use apa ec �v1-7G,/ 0,�@0 3- ®? yt� DEVELOPMENTREVIEW AND ADMINISTRATIVE DEVELOPMENT BURDEN OF PROOF In addition to the information required in the application, Planning Division/Planning Commission _. followingfacts:_. applicantadditional sheets of paper if necessary.) 1. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); i c - C / 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; _�';�� <' r7 T �` 7c'✓f p /<< LL'i 3 The arcnitectural design of the proposed development is compatible with the character of the surrounding ne;cnoornooc and will maintain and enhance the harmonious, orderly and attractive development contemplated by the Development Code, General Pian, or any applicable specific plan; Ln = C •- G//, "// ter' ��� r r el «; / , Tne oes;on of the proposed development will provide a desirable environment for its occupants and visiting Public as wel' as ne;gnbors through good aesthetic use of materials, texture and color, and will remain aestnet ca, � apaeaung. and i�= r`✓ZL ` C— r -i s 0 5. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on the property values or resale(s) of property) to the properties or improvements in the vicinity. r4i Record Owner Name (Last name first) Address City Zip Phone ( ) Fax ( 1 CITY OF DIAMOND BAR COMMUNITY .. ND DEVELOPMENT DEPARTMENT Planning Division 21825 E. Copley - Diamond :. { 91765 • - 91') 396-5676 •1' 861-3117 e-maii-info@ci.diamond-bar.ca.us ■ CONDITIONAL USE PERMIT VMINOR Applicant (Last name first) Case # Deposit ti) Receipt # By Date Recd I FOR CITY USE Applicant's Agent (Last name first) An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application.•• • costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated 2bove. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the :Veposit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid. NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the process ng of this case (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships. joint ventures. and directors of corporations.) Consent: 1 certify that l am the owner of the herein -described property and permit the applicant to file this request. Signed Date (Ai recorc owners) Certification: !, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name iP,ppjicant or Agent) Signed i' /!: i�� Date (Applicant or Agent). Location of project (Street address or tract and lot number) Zoning Previous Cases Revised 2/5/03 Numbering Map The subject property is acre or less and is exempt from Tre X,,e Y2 Preservation Requirements. The subject property contains no native oak, walnut, sycamore, willow, or naturalized California Pepper trees. The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. A Tree Permit has been or will be applied for prior to any acti vity taking place on the property. (Applicant's Signature) D WORD-LINDA\FORMS,TREE STATEMENT (Date) WHEN -r• MAIL TO: City of Diamond Bar 21825 E. Copley Diamond [ 91765 ,i 14rNj7 Space Above Line For Recorder's Use Only The undersigned hereby certify that - ANTHONY E. AND DESIREE A.--MAESE are the owner(s) of the hereinafter described real property located at 1609 ANO NUEVO DRIVE in the City of Diamond Bar, County of Los Angeles, State of California, commonly known Legallydescribed as •. 141 Tract • No. 27979 Assessor's 8293-026-021 _w,s And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Dar (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 structure(s). 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. On this day of 1 200 before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved torne 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 person(s)or the entity upon behalf of which the person(s) acted, executed the instrument. ATTACHMENT "Y n 2 i i: \J I , c3l 7z] i O ry ~� �•r� �- +"fa moi__ ., 8 y � > - ��•� - g+� Y 5. Scale 1:5299 —r' _�'E 1609 ,,J ui 6 AP . . N ".3 3 A Ed OR owl! ;q Am us q 11 H 1H 1 Rim g Ell 1 a i H 141 an toy AM 1 cgs sm H ;h H; slop HER —r' _�'E 1609 ,,J ui 6 AP . . N ".3 3 A Ed OR owl! ;q Am us q 11 H 1H 1 Rim g Ell 1 a i H 141 an H ;h H; slop HER —r' _�'E 1609 ,,J ui 6 AP . . N ".3 3 A Ed OR owl! ;q Am k 0 II r I � _ nz � fl` Ix k 0 3 a, c rIA 4iF. �vo9 a.Jo (1Jc�0 cl�itE TioI'ls s� nz i 3 a, c rIA 4iF. �vo9 a.Jo (1Jc�0 cl�itE TioI'ls City of Diamond Bar tLl 1GENDA ITEM NUMBER: REPORT DATE: May 7, 2003 DATE:MEETING 00 V ilk APPLICATION REQUEST: To provide entertainment and a bar in connection with an existing restaurant. PROJECT LOCATION: Scribbles Grille 245 Gentle Springs Lane Diamond Bar, CA 91765 PROPERTY OWN P. N. Patel Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91741 APPLICANT: Raj Astavakra 6226 N. Calera Avenue Azusa, CA 91702 APPLICANT'S AGENT: Lea Aguilar 21360 Stonepine Drive Diamond Bar, CA 91765 NOW �.�'0.1 The property owner, P. N. Patel of Ratan Hospitality, LLC, applicant, Raj Astavakra, and 9pplicant's agent, Lea Aguilar are requesting approval of Conditional Use Permit No. 2003 - (pursuant to Code Sections 22.10.030., • . and request • allow bar and entertainment in connectionexisting restaurant identified as b• 1 The project site has a General Plan land use designation of General Commercial (C) and a zoning designation of Regional Commercial (C-3) Zone. Generally, the following zones and uses surround the project site: To the north is the Orange (57) Freeway; to the • - zone; ,• w east is the Multi -family Residence -1 5 Units Per Acre — (R -3-15U) Zone/condominiums; and to the west is the Pomona (60) Freeway, the Plan -Billboard facility. Later in the year 2002, the City conducted a Plot Plan Review for Bistro d'Orient, a new restaurant for the subject restaurant structure. On January 14, 2003 at an Administrative Review hearing, the City approved Minor Conditional Use Permit No. 2002-10 which allows the sale and on-site consumption of alcoholic beverages (Type 47 ABC license) in connection restaurant r • outdoor dining. However,the Minor Conditional Permit does not allow bar seating or entertainment. A Minor Conditional Use Permit that is valid r • effect •case) shall run with the land r • continue to •- valid upon r change of ownership of the land or any lawfully existing structure on the land. The restaurant business has a new operator and is now identified as Scribbles Grille. Scribbles Grille is an upscale restaurant that provides room service to the Best Western hotel between • 11 a.m. and 11 breakfast . • lunch to the public and dinner between 5:00 • • 11:00 • daily.•• - -- shifts that accommodate breakfast, lunch r • dinner.. shifts include chefs,servers,•• ervers, dishwashers and busboys.are varied through out the • The purpose and intent of a Conditional Use Permit is to allow for specified activities and uses as identified in the zoning district whose effect on the surrounding area cannot be determined for a particular location. Therefore, a Conditional Use Permit will be reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare. A Conditional Use Permit is within the Planning Commission's review authority. - application requestproposes utilizin• the existing bar with service from 5:00 • • /1 a.m. daily with the last call• alcohol beverages at mi• • Pursuant • Development ••- Section 22.10.030.,Tablerequired that r Conditional Use Permit be processed for a bar in the C-3 zoning district. Since the project site is in the C-3 • - and the application• • . bar, approval of a Conditional required. According to Department of Alcohol Beverage Control (ABC), the applicant has applied for a Type 47 license for the sale and on-site of consumption of alcohol beverages in connection with a general eating establishment.The City received a copyof said application on April 30, 2003. The issuance of the ABC license is pending the approval of this Conditional U^ 2 Pursuant to Development Code Section 22.10.030., .fie 2-6, it is required that a Conditional Use Permit be processed in order to provide entertainment in the C-3 zoning district. Since the • • * and the•• • .• for entertainment, approval of a Conditional Use Permit is required. The application request proposes a ,. •.. 7:00 p.m. t• 10 p.m. daily. The proposed ••• a.• . .,...r will include a jazz band, guitarist, and pianist and will take place on the small stage within the bar. Furthermore, a DJ with dancing is requested for banquets and private parties that may occur on the second floor in the banquet room. According Los Angeles County Business License, ^ applicant submitted applications for public eating • - March 2nd entertainment and dancing on April 18, 2003. A site visit indicated that the project site has improved aesthetically. The view from the street great. The gra .a excellent condition andcolorfulflowers -•y•• accent. The planters in the parking area behind the restaurant structure need some attention. The trees need trimming and staking and ground cover needs to be added. Due to issues of • -• to providing bar and entertainment either conjunction or not in conjunction with a public eating establishment, the Planning staff has set forth the following conditions associated with operational char. • the Planning • iconsideration •r insertion into the Planning Commission Resolution f• • • Conditions of •• • rl set forthAdministrative Review Resolution N• 00 01 (approve January 14, 2003) shall remain in full force and effect except as otherwise specified in this project's resolution. Applicant shall obtain the appropriate permits for Los Angeles County Business License and Department of Alcohol and Beverage Control before providing entertainment and the sale and on-site consumption of alcohol beverages. ® Applicant shall provide the appropriate security measures associated with this permit. re Hoursof operation shall be limited to 6:00 a.m. to It a.m. seven days a week. Hours • - and • - consumption of alcohol beverages shall be Entertainment shall only •- a jazz band, guitarist,• pianist and shall occur on the small stage within the bar. Furthermore, a DJ with dancing shall only occur forbanquets and private parties held within the banquet rii Applicant/ business operator shall comply with the City's noise standards and shall not permit any public nuisance outside of the restaurant structure, including but not limited to, unruly behavior by patrons which may contribute to noise. • • '• • • • =973=0 .• • - •• ^ • .r ME= ,• loitering shall be permitted on any property adjacent to •--....• licensed premises which is under control of the applicant or on the licensed property. Applicant shall •Loitering" in front is the business in a conspicuous place adjacent ^frontdoor. •• •` ii i • • s- i ^ - • Applicant shall be responsible for maintaining a litter free area adjacent to the premises over - applicant has control and parking lot specifically•r restaurant patrons. TO To ensure compliance with all conditions of approval and applicable codes, this Conditional U^ Permit shall be subject to periodic^... If non-compl with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added or revocation of permits may occur. The Building and Safety Division, Public Works Division, Los Angeles County Fire Department and Los Angeles County Sheriff's Department have reviewed this project. The Los Angeles County Sheriff's Department Walnut/Diamond Bar Station's concern is that this use does not cause activities which occurred in the past that required law enforcement involvement at this location. The Los Angeles County Fire Department will require seating plans to review and will test the fire alarm and inspect the hood system. These agencies' recommendations are incorporated within the draft resolution. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that Conditional Use Permit No. 2002-06 is categorically exempt pursuant to CEQA Section 15301. Notice for • - published i VallevBulletin-and the San Gabriel Valley Tribune on May 15, 2003. Public hearing notices were mailed to approximately 219 property owners within a 700 -foot radius of the project site and public notice was posted in three public places on May 8, 2003. Furthermore, the project site was posted with a display board on R1 Staff recommends that the Planning Commission approve Conditional Use Permit No. 2003-01, Findings of Fact and conditions of approval as listed within the attached draft resolution. The proposed - is allowed within the subject zoning district approval of a Conditional Use permit/Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; 2 The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design,operation characteristics of the proposed - subjectcompatible with he existing and future land uses in the vicinity; i 4. The - is physically suitable for the type and density/intensity of - •^ • proposed includingaccess,provision • .utilities, compatibilityadjoining • uses and the absence of physical constraints; 5. Granting the Conditional Use Permit/Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Ann J. Lungu, Associate Manner 5 j 1 . Draft Resolution; 2. Exhibit "A" - floor plan dated May 27, 2003; 3. Application; 4. Aerial; and 5. Administrative Review Resolution No. 2003-01. 0 �i. Mill rte. - property owner,. of Ratan Hospitality, ..., applicant, fir. Astavakra and applicant's ent, Lea Aguilar have filed an application for Conditional •. 2003-01 s • categorical exemption f• r County,property located at 245 Gentle Springs Lane, Diamond Bar, Los Angeles r • r Hereinafter in this Resolution, - subject Conditional Use Permit and categorical exemption shall be referred to as the "Application". 2. On January 14, 2003 at an Administrative Review hearing, the City approved Administrative Review Resolution No. 2002-01 for Minor Conditional Use Permit No. 2002-10 which allows the sale and on-site consumption of alcoholic beverages in connection with a restaurant and outdoor dining. However, the Minor Conditional Use Permit does not allow bar seating or entertainment. On March 26, 2003, the property owner, applicant and applicant's agent submitted an application requesting a bar and entertainment which requires the approval of a Conditional Use Permit. 3. On i0public hearing notices were mailed to approximately 21• property owners within a 700 -foot'• of the project site and the public notice was posted in threepublic places. On May 15, 2003, notificationof the public hearing for this project ww provided - San Gabriel Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, the project site was posted with a display ••. • on 11. a On May 27, 2003,the Planning Commission of - City of • • Bar conducted • concluded a duly noticed public hearing on - Application. NOW, OR found, determined and resolved by - Planning »%-- :■.. ,w.: ? The Planning Commission 'l3, finds that :hf■4f» identifiedabove in this Resolution < :wf,■rcexempt pursuant » :■ Section 1530 California Enviro* Quality k» \/■k and guidelines romulate, thereunder. » _■a- a categorical <aexemption ®°e »< the independent judgement¥ . ,:Diamond �$k 3. .y� that, .e ,... ., .,.m <:,. .ere ,. <,f< . ._ :.d> _., ,,._...,: having considered the record as : »h■f including the findings set forth below,■ changes and alterations which have been incorporated into■ conditioned upon the proposed project « <f■?h in the application, there is no evidencebefore this Planning Commission that the project proposed he will have the potentialof :■.-2f effect on wild life resources , habitat .,an which ■ ® depends.Based upon substantial evidence,this ', Commission her®, , 2< the presumption of adverse contained in Section 753.5 # ■° Title ¥ of the California Code of Regulations. Based4. on the findings# conclusions set forth this ®:'# Commission herebyfinds ::follows: project relates', » 5.02 acre commercial parceldeveloped with the Best Diamond Bar Hotel, restaurant. , (three levels with a total of approximately 9,000 :■,kre feet) identified as Scribbles - and related landscape■ ,©■ areas. ■ project site has a General ®n land use designation of General Commercial \ ( ) The project site 6 within the Regional Commercial (C-) Zoning district. , Generally, following zones and uses surroundthe project To norththe . the Orange° Freeway; to :he south the \\ Zone; to the eas , - ... ....Multi -family m-<#° Units Per . ,_<.: Zone/condominiums; y. # to the .-© is the Pomona (60Freeway, the Manufacturing -Development Plan -Billboard Exclusion (M -1 -DP - BE) Zone/self »■■- facility. Application -,.... . :, allow a bar and entertainment connection with an existing restaurantcurrently identified :<Scribbles ■ • • •1023�^ 1 The proposed use is allowed within the subject zoning district with the approval • r Conditional - Permit complies r other applicable provisions of the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process reviewing specified activities and uses identified in a zoning dist whose effect on the surrounding area cannot be determined befo being proposed for a particular location. * Application r* f * .. to provide a bar and entertainment in connection with an existin restaurant. ( bar andentertainmentare permitted in the Regr Commercial (C-3) zone with approval of a Conditional Use Permit. restaurant . is permitted by right/ g district. Complian, with standards required for the bar and entertainment in Developme Code Section 22.10.030 — Table a and as amended herein w comply with all other applicable provisions of the Development Co� f the Municipal Code. • The proposed consistent with the General .- applicable specific plan; The project site has a General Plan land use designation of General Commercial (C). Objectives and Strategies of the General Plan provide for land uses that are diverse, mixed-use commercial retail, office and services uses within this land use category. A bar and entertainment that will be in connection with a restaurant is considered a service use and compatible with this land use category as conditioned within this resolution - design, • • - and operation char. * of proposed e are compatible with the existing and future land uses existingin the vicinity; The restaurant structure is and operational and meets required development standards related to lot size, setbacks, height, landscaping, parking, etc. The bar area with a small stage is also existing. The proposed use, as conditioned within this resolution, will be compatible with the existing and future land uses in the vicinity. The staff has visited the project site several time and has not found conditions that would be unacceptable according to the City's Development Code. The project site provides adequate parking to as -f within this resolution.r Development Code, I i fforthresolution and obtaining appropriate permits for the Department of Alcohol and Beverage N Control and Los Angeles County Business License for entertainment will ensure that the operational characteristics of this business will not interfere with and will be compatible with the existing and future land uses in the vicinity, public(i) Granting the Conditional Use Permit will not be detrimental to the -rest, health, safety, convenience,welfare, • persons,property, or • • e.tw in 4 vicinity and • • district in which the • •• ^• As referenced above in Items (f) through (i), the proposed bar and entertainment with a Conditional Use Permit in connection with a restaurant will be required to implement operational standards as prescribed in the City's Development Code to ensure that this use is not detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); I � r -•1 � � _I. � . � I.I. I Based on the findings and conclusions set forth above, the Plannins ii Commission hereby•• • • • •subject• the following conditions: project shall su• rntially conformto site plan and floor plan, labeled as Exhibitdated May 27,2003as • •• and approved by the Planning Commission, and as amended herein. • The site shall be maintained in a condition,- of debris both during and after the construction,addition,or implementation of entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the propertyowner,applicant or by r 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 utilized has obtained permits from the City of Diamond Bar to provide such services. - (c) Applicant shall remove the public hearing notice board within three days of this project's approval. (d) Conditions of approval set forth in Administrative Review Resolution No. 2003-01 (approve January 14, 2003) shall remain in full force and effect except as otherwise specified in this resolution. (e) Applicant shall obtain the appropriate permits for Los Angeles County Business License and Department of Alcohol and Beverage Control before providing entertainment and the sale and on-site consumption of alcohol beverages. (f) No loitering shall be permitted on any property adjacent to the licensed premises which is under control of the applicant or on the licensed property. Applicant shall post a "No Loitering" sign in front of the business in a conspicuous place adjacent to the front door. (g) Applicant shall provide the appropriate security measures associated with this permit and as required by the City. (h) Hours of operation shall be limited to 6:00 a.m. to 1:00 a.m. seven days a week. (i) Hours for the sale and on-site consumption of alcohol beverages shall be between 10:00 a.m. and 1:00 a.m. (j) Entertainment shall only include a jazz band, guitarist, and pianist and which shall occur on the small stage within the bar. Furthermore, a DJ with dancing shall only occur for banquets and private parties held within the banquet room. (k) Applicant shall comply with the City's noise standards and shall not permit any public nuisance outside of the restaurant structure, including but not limited to, unruly behavior by patrons which may contribute to noise. (1) No amplified music or sound shall be permitted outside the restaurant structure. (m) Applicant shall be responsible for maintaining a graffiti free project site and a graffiti free area adjacent to the project site over which the applicant has control. The applicant shall be responsible for the graffiti removal within 48 hours of its appearance or upon notification to the applicant of its appearance. A (n) Applicant shall be responsible for maintaining a litter free area adjacent to the premises over which the applicant has control and any parking lot area use specifically for restaurant patrons. ro To ensure compliance with all conditions of approval and applicable codes, this Conditional Use Permit shall be subject to periodic review. If non-compliance with • • w• • ` approval • occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added or revocation of permits may • shall(p) Prior to the issuance of a Certificate of Occupancy, the applicant trim and stake existing trees and add ground cover to planters that are located within the parking area behind the restaurant structure. • • to . issuance of a Certificate • ` Occupancy,applicant shi submit a revised site plan delineating the path of travel from the parking lot to the restaurant structure and from the curb to the restaurant structure. The path • travel from handicap •r • to the restaurant structure shall not exceed a cross slope of two percent. Additionally, existing handicap ... • s• rampshall • ^. certifiedthat it meets all accessibility requirements. Applicant shall conform• State . • local Building Codes' . 2001 editions of the CAL. Building Code, Plumbing Code, Mechanical Code, and National Electrical Code) as well as the State Energy Code. applicant is r' • ' • to obtain appropriate permits, inspections and Certificate of Occupancy; (1) Restrooms along with fixture location and dimensions which shal, •^ handicapaccessible; (u) The applicant shall submit plans to the Los Angeles County Fire Department, Los Angeles County Health Department and Waste Management. (v) Applicant shall provide a seating plan for review by the Los Angeles County • a Department. Additionally, the Los Angeles County Fird,;.- Department totheissuance_ ` of • To ensure compliancei • ! approval an• applicable codes,Conditional ^ Permit shallbe subject to period If non-compliance • . • • of approval occurs, the Planning Commission may review the Conditional Use Permit and the Commission may revoke or modify the Conditional Use Permit. grant _ I • • • years I • shall _ exercised period or this grant shall expire. A one-year extension of time for this application may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. grant shallnot be e • any purpose until the permittee • owner of property.i other. permittee)have theirfiled, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, affidavit st. • that they are aware of . • agree to accept all the conditions of grant. Further,grant shallnot be effective until the permittee pays remaining City processing '^s, school fees r • fees for the review of submitted reports. The Planning Commission shall: (b) Forthwith transmit a certified copy of this Resolution, by certified mail, P erra; Madre Glendora, CA 91741, Raj Astavakra, 6226 N. Calera Avenue, Azusa, CA 91702, and Lea Aguilar, 21860 Stonepine Drive, Diamond Bar, CA • _. MIMI 11410 19 1, James DeStefano, 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 O.ay of 00by _ following AYES: NOES: ABSENT: ABSTAIN: N Record Owner q. mmL y� N W pogala,W , LLC,- (Last LCi(Last name first Address at 9 Zi`& Phone boo Fax ( qv _ CITY OF DIAMOND BAR COMMUNITY :D DEVELOPMENT DEPARTMENT Planning 21825 E. Copley Drive Diamond Phone (909) 396-5676 Fax (909) 861-3117 e-mail-info@ci.diamond-bar.ca.us qO. ONAL USE PERMIT ji MINOR CONDITIONAL �DeposIt I Receipt By IDate Rec'd FOR CITY USE Applicant's Agent Phone 3 q�— f6 cy-O An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is either_z fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated 2bove. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the Veposit prior to issuance of the permit; if process ing.costs are less than the deposit, a refund will be paid. NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnersnips, joint ventures, and directors of corporations.) Consent: / certify that / am the owner of the herein -described property and permit the applicant to file this request. Signed (�0,0\/ OF F-0fe) e/). /1,4 Date ®� (4 ,1 recorc owners) IT Certification. 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Na _ (Appncant AqE Signed yS(Ap p Location f�o (Street adaress or tract and lot number) Previous Cases Revised 2/5/03 r 1 D Date lC� -�v 4�1 Coity of Diamond Bar CONDITIONAL USE APPLICATION (Gross area) Proposed density f (Units/Acres) Parking: Required Standard Compact Handicapped Total t. Revised 2/5/03 3 INITIAL STUDY QUESTIONNAIRE (To be completed by applicant, attach additional sheets of paper if necessary) A. General Information Project Applicant (Owner): Project Representative: Name �D /4m Divp Address C14 q/-�- Phone g®q- Fax 90q- r� ori_ •. DIA /U 0,AJD Address Phone Fax Project No. For Cite Use Action requested and project description: _54A4 IL -y g ,A -)f p upK vy.wD c� aur Street location of project: A7 S' T6C//J61 iDIAMOAID 6 C ql� Legal description of project site: q1 Z 02 SQ % 0A,,eC F MM9. .Present Use of Site e&A- T ial/ qPVED ni1AJ®/K aU/0 Previous use of site or structures: //ll% riease its( air previous cases lii any retateo to tests project: /��d / / `v/ �v�t •r. �vv�- _-� b S. Gist related permit(s)/approval(s) required. Specify type and granting agency: Q/nIT 6MMA* AVN0 C'oN® on/ (, acs 6 . aVA ®i 0 b) C -/!Y OF 121&n -QA -0 P6.AWAJ11V6 DIVISIo lO G 9. Are future phases planned for this project: Yes No If yes, explain: 10. Present zoning:63 CAS OF 11. General Plan Land Use Designation: 41' C61y1A1 ZJ%AL 12. Water and sewer service: Domestic Water Public Sewer Does service exist at site? Yes ✓ No Yes (% No If yes, do surveyors have capacity to meet demand of project and all other approved / projects? Yes No Yes V No If' domestic water or public sewers are not available, how will these services be provided? 13 Residential Proiccts a Number and type of units: b. Floor area of each unit. C. Number of floors e. Housing market targeted (demographic profile) f. Sales price rent: g. Describe proposed amenities: h. Minimum net lot size: i. Maximum net lot size: j. Average net lot size: 0 3 i. Do your operations require any pressurized tanks? Yes No If yes, explain in detail: j. Identify any flammable, reactive or explosive material to be located on-site: &4 k. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? Yes No V' If yes, explain in detail: 15. Associated projects: /y 16. Describe public or private utility easements, utility lines, structures or other facilities that exist on or below the surface of the project site: "®&J 1, Describe am change in the appearance of the site resulting from the project as proposed: N we IS Describe hm� the proposed project will fit into its surroundings (i.e., Will the project blend into the existing neighborhood'' How will it relate to the size, scale, style and character of the existing surrounding development?) ® FX1 S7%/J 6 \i%l?U M4 XF /S' te, /q % 14 5 G. Ar MWS. IV, iy U d. Vegetation: �S e. Watercourses: y f. Cultural/historical resources: g. Other: 3. Are there any major trees on site, including oak, walnut, sycamore naturalized California pepper and arroyo willow? Yes No If yes, explain in detail (size, quantity, location, condition, etc.): 4 Will the project require grading: Yes No if .yes, how mane cubic vards of cut and fill 3 Will carthw ork be balanced on site? Yes 1Z No 1: not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property including uncompacted fill? Yes No i AppliedUse r; o Minor Conditional,, i ° o 002710, P . 1 „ ? 1 No. 0and Affidavit J; of Acceptance fb ! the Resolution foproperty I�ocated at 245 Gentle Springs Lane, Diamond Bar, California L Alcohol beverage license is in process of closing escrow. Applicant shall agree and abide in compliance with the previous conditional use permit issued to Ratan Hospitality LLC previously doing business as Bistro D° Orient. 2. New applicant, Raj Astavakra doing business as DBA Scribbles Grille is submitting an amendment to NICU permit no. 2002-10 for said property above and require the following approvals, a) To allow on-site entertainment listed as Jazz band and Pianist performing solely at the bar area from 5:00 pm to 11:00 pm between Sunday thru Thursday; and, 5:00 pm to 1:00 am during Friday and Saturday. b) To allow on-site entertainment listed as DJ, dancing, comedy, karaoke, guitarist, etc. during special events held at the 2nd floor Banquet Room. Catering provided by applicant. c) No loitering permitted within the licensed site. The applicant shall comply with city noise standards. d) The outdoor dining area shall be supervised by Restaurant personnel to ensure compliance regarding on-site consumption of alcohol beverages. e) The applicant shall not permit any public nuisance in the outdoor area or any unruly behavior by Restaurant Guests which may contribute to any nuisance on adjacent property. f) The outside doors shall be kept close at all times to minimize any noise impact on adjacent property. g) The applicant shall be responsible for maintaining the property and comply with noise standards or any unruly behavior by its guests. Furthermore, we request the bar to be utilized for consumption of alcohols and seating around the bar be allowed. h) Applicant submitting seating floor plans for outdoor dining areas with tables and chairs that comply with the Fire Department occupancy requirements. i) Hours of operation shall be 6:00 am to 11:00 pm between Sunday thru Thursday and 6:00 am thru 1:00 am during Friday and Saturday. �.� The property owner, Ratan Hospitality, LLC, and applicant, Bistro d'Orient California.Corporation, have filed an application for Minor Conditional Use Permit No. 2002-10 and Categorical Exemption 15301 for a property located at 245 Gentle Springs Lane, Diamond Bar, Los Angeles County, Hereinafter in this Resolution, the subject Minor Conditional Use Permit and Categorical • • shall be referred to as the "Application." 2. On December 31, 2002, 224 property owners within a 700 -foot radius of the project site were notified by mail. On2003, notification public hearing for this project was made in the San .• • and Inland Valle Dail P, 11im" newspapers; a display board with the notice of public hearing was posted at the site; and, three other sites were posted within the vicinity of the application. On January 14, 2003, the Acting Hearing Officer of the City of Diamond Bar, conclucted and concluded a duly noticed'public RESOLUTION NOW THEREFORE, it is found, determined and resolved by the Acting Hearing Offices of the City of Diamond Sar as follows: The Acting Hearing Officer hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2 The Acting Hearing Officer hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. specifically3. The Acting Hearing Officer hereby finds _d determines having considered the record as a whole including the findings set fortl� below, and changes and alterations which have been 'incorporated into ant conditioned upon the proposed project set forth in the application, there is no evidence before this Acting Hearing Officer that the project proposed herein will have the potential ., • ! - effect on wild life habitat resources or the •o..... wildlife depends. this Acting Hearing Off icer hereby rebuts the presumption of adverse eff ects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set for.. herein, Acting .a • Officer,' • �; follows: (a) The project relates to an existing commercial site developed with the Best Western Diamond •.r Hotel and a three level, approximately 9,000 square foot restaurant (b) The project site has a General Plan and use designation of General Commercial Pursuant . • the ...- ,..,_ Plan, ,._ designation provides for regional, freeway oriented, and/or community retail and service commercial uses. (c) The zoning designation for the project site is Regional Commercial (C-3). (d) Generally, the following zones and uses surround the project site: To the north is the ®range (57) Freeway; to the south is the Limited Multiply Residence -15 Units Per Acre (R-3-1511) Zone; to the east is the C-3 Zone; and to the west is the Pomona (60) Freeway. The Application request • provide outdoor dining, •n -site consumption of • beverages level, approximately 9,000 square foot restaurant structure previous identified as the Bistro • and • - consumption indoor dining restaurant and outdoor dining/seating are allowed with the subject zoning district with approval of a Minor Conditional U Permit • complies ith all other applicable • • ns of th Development Code and the Municipal Code. Pursuant to Diamond Bar's Development Code, Chapter 22.1 Table _ - proposed 0 beverages -.-g' and outdoor dining1seating are permitted with the review and approval of a Minor Conditional Use Permit. As conditioned, the proposed use will complyother applicable ,orovisions of the Development Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan. -project use designation Pursuant to the Genera*1 Plan, this land use designation provides for regional, freeway oriented, . I community retail commercial uses. The proposed project and as such is consistent with the -Ii .I •.-_,. _ .n. GeneralPlan. • design,location, size and operating characteristics of proposed use are compatible with the existing and future land uses the vicinity; The proposed project will not alter the physical appearance of the existing commercial site. The site contains a hotel and the existing restaurant. Operating characteristics will be compatible wits; the existing and future land uses in the vicinity as conditioned through the Minor Conditional Use Permit process. 0) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining • uses, and the absence of physical constraints; The availability of alcoholic beverages will be restricted to on-site consumption to restaurant guests only. Therefore, it is not anticipated the land use will be significantly intensified. Nonetheless, the suite was previously occupied and currently approved fora restaurant use In which it has been determined 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. Furthermore, the "I - - r 110proposed use and other tenants" Table / of thee velopmen t Code. Therefore, physically suitable for the type • densitylintensity of use being proposed. (j) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or 0 materially rRupersons, property or improvements h vicinity • zoning district in which the property is located. * - f - - _ - =R-0771117771 Is � �. _ Permit _._..., detrimental injurious ,, persons, ',: I" .property,or improvements r an, zoning district_ _ the prop" rty is located. (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 (CEO A), the City has determined that this project is categorically exempt, Section 15301. 5. Based on the findings and conclusions set forth above the Acting Hearing Officer hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plan collectively labeled as Exhibit "A" and dated January 14, 2003, as submitted and approved by the Acting Hearing Officer. Building and Safety (b) The Los Angeles County Fire Department shall inspect the existing fire sprinkler system. Occupancy load shall be determined by - -Department and the City Building . • Safety Division. local(d) Applicant shall obtain an assembly permit as required from the Los Angeles County Fire Department. e) Business operations shall comply with all A -occupancy and state and Building Code - 2001 editions of the Uniform conformUniform Plumbing Code, Uniform Mechanical Code, and National Electrical Code). Plans shall to FireDepartment ApplicantEnergy Code requirements. obtain final inspection Angeles County Fire Department before commencing business related to this .• •val (outdoor dining and serving on-site (9) Within 30 -days of this grant of approval,- Applicant seating floor plans foroutdoor dining areas i complyrs that _ Department requirements.occupancy 51 is - ._ ..M !. (h) Outdoor dining areas and associated structural elements, awnings. covers, furniture, umbrellas or other physical elements shall be reviewed and approved by the city to ensure compatibility with the overall design of the main structure. This review shall be completed with subject submittal of Condition 5(g). (i) Hours of operation shall generally be 6:00 a.m. to 11:00 p.m., daily. (j) No loitering shall be permitted on any property adjacent to the licensed premises that are under control of the applicant or on licensed property. Applicant •' • the • _ _d andards- (1) The Applicant shall obtain the appropriate permits from Los Angel County Business License and Alcohol Beverage Control (ABC) befo providing sale and on-site consumption of alcoholic beverages a the outdoor dining uses. The applicant shall be in compliance with requirements of -. • licensing agencies.,. times. .,y... (m) No entertainment such as live music, Vii,..._ comedy, folk singing, kareoke, etc.: beer brewing or microbrewery and other beverage or tasting facilities; nightclub; or billiards shall be permitted with this approval. of • shall not occur within - outdoor dinning (n No seating shall be allowed at the bar. The bar shall be utilized to supply dining table service only. (o) Outdoor dining area shall be accessible from inside the restaurant only. (P) The outdoor dining area shall be supervised by a restaurant employ to ensure compliance with laws regarding on-site consumption alcoholic beverages. (q Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items, which constitute a nuisance to public health and safety. M Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees. (s) The Applicant/Business Operator shall comply with the City's noise standards and shall not permit any public nuisance in the outdoor 5 dining area, including but not limited to, unruly behavior by patrons, which contribute ..• to noise imp • .mp- onadjacent • (t) No amplified music or sound shall be permitted in the outdoor dining areas. (u) The doors to the outdoor dining areas shall be kept closed at all times, except when in use for ingress and egress, to minimize any noise impacts on adjacent land uses. (v) Applicant/Business Operator and Owner shall be responsible for maintaining a graffiti free site and a graffiti free area adjacent to the project site over which the applicant has control. The applicant shall be responsible for _ graffiti _mival within appearance or upon notification to the applicant of its appearance, - e • ,n. •.. of the entitlement me.w removal of all trash, debris, and refuse shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, • disposal of solid waste from residential, o,__...y,. ial, construction, and industrial areas within the City. It shall be - applicant's insureobligation to rt the waste contractor utilized has obtained permits from the City of Diamond .*• Bar to provide _ parking,uch services. (X) The Applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which the applicant has control and any parking lot area used specifically for restaurant patrons. Y) Applicant shall comply with State Handicap Accessibility Regulations • " pedestrian routeto the closestpedestrian entrance, ramps,• (Z) To ensure compliance with all conditions of •"• codes, the Minor Conditional Use Permit shall be subject to periodic review. Additionally, the Minor Conditional Permit for outdoor ..,,.. .... .. dining/seatingsubject to resulted year, at which time the Director shall conduct a study to determine if adverse impacts have from the . non-compliance .•.•_. •I: Minoroccurs, the •. • nal Use Permit may have additional operational conditionsadded or • .'•` of permits .. grant is valid for • yearsand shall be . • extension within that period or this grant shall expire. A one-year of time _ be writingapproved when submitted to the City in at least60 days prior X expirationto the date. The Deputy City Manager may consider the extension request at duly noticed public ar• accordance witn Chapter of (bb) This grant shall not be . . for involvedand owner of the property other ve filed within fifteen (15) is i'pi i this •-ant, at t * C - Diamond Bar Community i DevelopmentDepartment, • their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Furthermore, this grant shall not be effective determinesuntil the permittee pays the remaining City processing fees. (cc) If the Department of Fish and Game t Fish and Ga . Code Section 711.4 applies to the approval this project, applicant shall remit to the City, within five days of this grant connectionapproval, a cashier's check of $25.00 for a documeniary handling f in • Game_. s. urthermor if this project is not exempt from a filing fee imposed because th project has more than a us impact on fish and wildlife, applicant also pay to the Department of Fish and Game an, such fee and any fine which the Department. I The Acting Hearing Officer shall: (a) Certify to the adoption of this Resolution; • Forthwith transmit a certified copy •. this Resolution, to Ratan Hospitallity, LLC, 1205 W. Sierra Madre Avenue, Glendor CA 91741, Bistro d'Orient Corporation,, - - Springs -•.• - Diam• • Bar, CA •` and P.N. Patel, 1205 W. Sierra Madr Glendora, • 91741. APPROVED AND ADOPTED THIS THE 14 th DA ' Y OF JANUARY 2003, BY HE7 ACTING HEARING OFFICER OF THE CITY OF DIAMOND BAR. I Ann J Lungu. Acting Hearing Officer of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting for Administrative Review held on the 14TH, day of January 2003: Ann J. Lungu, Acting Hearing Officer 0 245 Gentle Springs Lane ® Diamond Bar, CA 91765 VFLOOR LEGEND OF LAYOUT PLAN (numbers correspond to the layout provided) Main Kitchen/Prep Kitchen I - Kitchen equipment 2 ® Dishwashing area; sink - Server pantry 4 - Dummy waiter elevators 9 - Food Storage areas 10 - Employees restroom I - Employees Break Room I DMing (Sky Lounge)/Patio Server pantry 5 Chairs & tables lar (Cosmo Bar" 5 - Chairs & tables 6 - Jazz an "Entertainment" 7 - Bar station 8 - Bar booths 2 iLEGEND OF LAYOUT PLAN (numbers correspond to, the layout provided) Banquet 1t ,' Hall) 'a. Tables Basement (The Cellar) 16 ® Preparation/Food Server Pantry 5 Chairs & Tables 245 Gentle Springs Lane Diamond Sar, CA 91765 M OOR LEGEND OF LAYOUT PLAN (numbers correspond to the layout provided) Main Kitchen/Prep Kitchen 1 - Kitchen equipment 2 - Dishwashing area; sink 3 - Server pantry 4 - Dummy waiter elevators 9 - Food Storage areas 10 - Employees restroom 11 - Employees Break Room Dining (Sky Lounge)/Patio 3 - Server pantry 5 - Chairs & tables Bar (Cosmo Bar) 5 Chairs & tables 6 Jazz and "Entertainment" 7 Bar station 8 Bar booths EXHIBIT "A" CUP2003-01 Scribbles Grille, 245 Gentle Springs Lane, May 27, 2003 Im LI INC tP P ® ® • _ a _ v e e ■ 1 4 O o • w 9 _ O _ 1 5{ e 4 h • ■ v 9 m + v 22640gGold¢n Spri■ P p n a . w ® ® m q e ■ p ■ b ■ e m ° p Diamond Daq CA 91965 Tp 1. j909L396d,469� • P ° ® m + _ W + ` m _ ^ • p p 4 o e q _ - ® m b _ - a Fas.(909) 860-9227 _ m m a q v @ ■ ■ q ® p ■ ® ■ I ♦ b W • o P m m r • e c n a ® .. P b P ari66lee g ° + • w _ • ° q q b ■ ♦ _ � m _ _ a q � 245 G°A 11° fpr s LAS®® - _ _ a . _ . v- �' i p 6 + ®� _ _ ® ■ _ a - a Diamond Da IA 9176,s•• 4m1 m �® �I@ m n a _ _ J'-1. J9091 60604 ® (909) 3 -128S-14 1285 m ■ q ■ -I I p ; vPr^v I wl p d°k.P b .4.• ■ p _ _ _ • _ m P } � 1 p. I _ v _ n _ s a e - v 1-1 p � 1 A ® ■ P • P • w g m d ® - w m • ■ ■ ° p q•.AJ� rr�� P p n v ■ ■ e • m m P ® g w _ 8 v 4 ® p a _ � - _ a • P ® _ w q 9 } e ■ s _ m P Nr 6 ! b P n P ■ 245 Gentle Springs Lane a Diamond Sar, CA 91765 F. ND FLOOR LEGEND OF LAYOUTPLAN (numbers correspond to the layout provided) Banquet Room (Marquis Mall) 5 - Chairs & Tables 12 - Presentation or Dancing Floor 13 - Preparation/Food Server Pantry 14 - Extra Ivry Storage 15 - IBJ Booth Basement (The Cellar) 16 Preparation/Food Server Pantry 5 - Chairs & Tables ® ® ® ® ® z d u Z u z u z u z u z u �®�® �® �® �® w ® ® ® ®® y u�a z u� -® u�a z u� zz u z u�a -z ®� ® ® ®®® ® ®®z ® 2.a E®®c ®� ®- Z ®� ®� ®� ®00 � 0 V4 z z � ¢ z z d z z z < z 0 zE- u6 U� u� w u� u— u P14 aa® a¢ �¢ ® a¢ a¢ a� ®� U C/) D -r Z ® z ® O N O u C N ONO N N N N N cn nwoo 00 C ® ® ® M eq Ln cqiCD vi N N N N N N N ® u O ¢ .0 N O O N �N ®.— > u cz E U cn n m (�� I� ti cl kWCna V4E �v C/: Cf1 M O z M U P O U z ¢ Z �N i r® W W h+4 Iedw h+w Mi a V C U a z_ ¢ M \Ln® z Z Cce , H ® C O z C z O U M (1, 0Q C r ¢--yy M ¢ x� zc� 3 C/1LLJ E-- b� Lid V F-+ '��yJ' /• a� "� ® w� —° a O W O ® C U 0 ¢ U M� t N O N O M ® N �w N ® W >® ¢ CIO V) cnC/) ® M ® ® ® ® M ® N O ® ® ® O ® ®N ® ® ® ®c+ M O O O O It i cNtl U O N N N® O N ®y U) U9 N O v1 N U > inwU aw E- F� N U cu b � ®/%�i,, �M-yvl NW kryo/l ,�'yl zF� r.' YC �% ® w/ a v cn E-G� w ® W� 1�w ¢ I� - V1 � U ® wm /�4 cn OD a4 Z — U �^W ® ® cd `U i^i p �m �a E-4 �Ta "� r N Z ® ~64 \d z ®a ® ¢ Cf] 04 U d' Nw W - G x STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On May 27, 2003, at 7:00 P.M., the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District, 21865 East Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Linda K. Smith, declare as follows: I am employed by the City of Diamond Bar, Community and Development Services Department. On May 23, 2003, I posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on May 27, 2003, at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on May 27, 2003, at Diamond Bar, California. Linda K. Smith Community and Development Services Dept. g:\\affidavitposting.doc File_. =22-- rid iowwro r fr nPile We y A by C14i INP foi