HomeMy WebLinkAbout05/13/2003PLANNING COMMISSION May 1 7-000 P.M. South CoastAirQualitya:... • _._. District Government• Auditorium 21865 East Copley Diamond Bar,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) 396-5676 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) 396-5676 a minimum of 72 hours prior to the scheduled meeting. DIAlIO1'D B,1R -ICQJG IClldlll 1/u/1/ wliuKllly, edlnly yr drinking in the Auditorium FILE COPY t ne city of uiamond Bar uses recycled paper and encourages you to do the same City of Diamond Bar Planning Commission PUBLICINPUT 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. INFORNLkTIO?! RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Comnurnity and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the puhlic 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 char<Lc. AU,k RFQUIRENI NTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking arca. 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) 396-5676 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 PHO.N[,- 'UMBERS Copies of Agenda. Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info Cc1.diamond-bar.ca.us CALL TO ORDER: Ii • PLEDGE OF ALLEGIANCE: 1 ROLL CALL: COMMISSIONERS: Chairman Steve Tye, Vice -Chairman ®an Nolan, Steve Nelson, Joe Ruzicka, and Jack Tanaka PA K, H a A FA r Y - LEM Le -10 The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: April 22, 2003 NEW BUSINESS: None 7.1 Development _. is a request to construct a two story, single family residence of approximately 64gross square" • • balconies,porch,patio and attached • r garage. '�IROJECT ADDRESS: 3099 Windmill Drive (Lot 5 of Tract No. 50314) Diamond Bar, CA 91765 ZMIFRI_�:=k Page 2 PLANNING COMMISSION PROPERTY OWNER/ Windmill Estates APPLICANT: 3480 Torrance B1l­C,3 Torrance, CA 90503 1 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified Environmental Impact Report No. 97-1 for Tract Map No. 50314. Further review is not required. Recommendation: Staff recommends that the Planning Commission ap p*rove Development Review No. 2003-01, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Variance No. 2003-02/Administrative Deve,[9p _Rpyiew No. 2002-22/Tree Permit No. 2003-03/N claration No. 2003-03 (pursuant to Code Sections 22.54, 22.48.020, and 22.38) is a request to construct a three story (two -stories with basement), single-family residence with balcony, covered patio, and four -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 p rotected/p reserved trees. PROJECT ADDRESS: 22364 Kicking Horse Drive (Lot 6, Tract 32482) Diamond Bar, CA 91765 PROPERTY OWNER: Lo and Alba M•- • i eond Bar Boulevard Diamond Bar, CA 91765 APPLICANT: Horizon Pacific 2707 Diamond Bar Boulevard Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration i's required for this project. Negative Declaration No. 2003-03 has been prepared. The Negative Declaration's review period *,egan April 17, 2003, and ended May 6, 2003. r - 00 Page 3 PLANNING COMMISSION Aecommendation: S... recommends tha_ the Planning Commission .p• • ve Variance • ^ii..,i.. �•Development Review• 20 Permit No. ii3/Negative Declaration No. 2003-03, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Development Code•,,.t No 2003Y (pursuant• Code Section 22.44) is a request to amend the following Articles/Sections of the Development Code: Protection: • ' w . the preservation of . - • California pepper trees, Section 22.16.090 - Setback Regulations and Exceptions: Amendment relates to setbacks for walls and fences on a reverse corner lot. Amendment relates to setbacks for a tennis court and guest house. Section 22.42.110 - Residential Accessory Uses and Structures: Amendment relates to the maximum height of tennis court fencing. IndustrialEmmame MW M11 •. •s: Amendment r- • landscape maintenance .r • for slopes. Section 22.30.030 - Driveways and Site Access: Amendment relates to the pavement width of a driveway in a single-family residential zoning district. Signs: Amendment relates to the placement and size of election signs and signs in the public right-of-way. Section 22.42.060 - Guest Mouses: Amendment relates to lot coverage for guest houses. Section 22.42.130 - Radio and Television Antenna and Wireless Telecommunications 2k. \�__§ 0: 91 im Section 22.42.120 - Secondary Housing Units: Amendment relates to changing the current Minor Conditional Use process to a ministerial review ■process to comply with Government Code 65852.2. F11 2 20124=1 o Section 22.68 .030 - Restrictions On Non-Copforming Structures: Amendment relates to when a structure shall be deemed non -conforming. Citywide Diamond B?,r, 01 917Q--5 ■Writ 6=11 6111111-IM-moym I -A Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determine/: / a Negative Declaration is required for this project. Negative Declaration No. 2003-01 has been prepared. The Negative Declaration's review period began April 18, 2003, and ended May 7, 2003. Recommendation: Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Development Code Amendment No2003-01. DIAMOND BAR COMMUNITY FOUNDATION MEETING: DIAMOND ■k® 211V1W111 W040111 %6 r� 100210MOMWIROWWW191921 $ Thursday, May 15, 2003 - 7:00 p.m. AQMD/Govt. Center - Room 22-8 21865 E. Copley Drive Saturday, May 17, 2003 - 1:00 p.m. Sycamore Canyon Park 22930 Golden Springs Drive z R -TA W I ?|$/ CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION 9&&&IKR�6 �yr-- � kipv Tuesday, May 20, 2003 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, May 22, ?$|§- 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Tuesday, ?k.27 2003 — 600 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, May 27, 2003 — 7:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive 110901 �-W W- a -W. pw FIVA4 TWO 21865 E. Copley Drive CALL TO ORDER: Vice Chairman Nolan called the meeting to order at 7:01 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Ear, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Tanaka led the pledge of allegiance. Present: Vice -Chairman Dan Nolan, and Commissioners Steve Nelson, Joe Ruzicka and Jack Tanaka. Chairman Steve Tye was excused. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. 2. NUTTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered, 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 1linutes of Regular Meeting of March 25, 2003. C/Ruzicka moved, C/Tanaka seconded, to approve the March 25, 2003, minutes as presented. Without objection, the motion was so ordered with Chair/Tye being absent. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. R jx r F :R r 701 Develoe t Review 2002®34 (pursuant to Code Section 22.48.020) is a request to construct a 31,050 square foot single -story building to be utilized for medical services-clinic/labs on a vacant lot in the Gateway Corporate Center. PROJECT ADDRESS: 1336 Bridge Gate Drive (Lot 18, Tract 39679) Diamond Bar, CA 91765 PROPERTY OWNER: Kaiser Foundation Health Plan, Inc. 393 W. Walnut Street Pasadena, CA 91188 APPLICANT: Nancy Burke 393 W. Walnut Street Pasadena, CA 91188 DCM/DeStefano reported that staff was prepared to move forward with its presentation this evening in response to the advertised public hearing. However, the project was rejected by the Gateway Corporate Center Architectural Review Commission. As a result, the applicant requested that the public hearing be delayed for two months. Staff proposes that the public hearing be continued to May 27, 2003, to review the status of the project. VC/Nolan opened the public hearing. There was no one present who wished to speak on this matter. C/Ruzicka moved, C/Nelson seconded, to continue the public hearing for Development Review 2002-34 to May 27, 2003. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Nelson, Tanaka, VC/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Tye 8. PLANNING COMMISSION COMMENTS: C/Tanaka stated that the City and Diamond Bar Breakfast Lions Club recently completed their very successful 20"' annual Easter Egg Hunt and Pancake Breakfast. APRIL - ,1 P: Page -. PLANNING A VC/Nolan reminded Commissioners and audience members that the Diamond Bar Birthday Celebration would take place this Sunday at Pantera Park beginning at 12:00 noon. 9. INFORMATIONAL ITEMS: DCM/DeStefano reported that the Extended -Stay America Hotel project was sent to Council for a public hearing on April 1 and was continued to April 15 at the request of the applicant. On the morning of April 15, the applicant requested an additional extension of time to the City Council's meeting of May 6. As of yesterday, Al Anz, project director, reported to him that the project is definitely a go. In general, comments from Council were similar to the Planning Commission questions and concerns. As presented in the agenda. There being no further business to come before the Planning Commission, Vice Chairman Nolan adjourned the meeting at 7:11 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Vice -Chairman Dan Nolan MITTJTES OF THE CITY OF DIAMOND BAR REGULAR 1. OF THE PLANNING APRIL 22, ;IIS, Vice Chairman Nolan called the meeting to order at 7:01 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. Commissioner Tanaka led the pledge of allegiance. Present: Vice -Chairman Dan Nolan, and Commissioners Steve Nelson, Joe Ruzicka and Jack Tanaka. Chairman Steve Tye was excused. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of March 25, 2003. C/Ruzicka moved, C/Tanaka seconded, to approve the March 25, 2003, minutes as presented. `'Without objection, the motion was so ordered with Chair/Tye being absent. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. APRIL 22, 2003 th x Page 2 PLANNING c N f O 7.1 Develo ment Review 2002-34 (pursuant to Code Section 22.48.020) is a request to construct a 31,050 square foot single -story building to be utilized for medical services-clinic/labs on a vacant lot in the Gateway Corporate Center. PROJECT ADDRESS: 1336 Bridge Gate Drive (Lot 18, Tract 39679) Diamond Bar, CA 91765 PROPERTY OWNER: Kaiser Foundation Health Plan, Inc. 393 W. Walnut Street Pasadena, CA 91188 APPLICANT: Nancy Burke 393 W. Walnut Street Pasadena, CA 91188 DCM/DeStefano reported than staff was prepared to move forward with its presentation this evening in response to the advertised public hearing. However, the project was rejected by the Gateway Corporate Center Architectural Review Commission. As a result, the applicant requested that the public hearing be delayed for two months. Staff proposes that the public hearing be continued to May 27, 2003, to review the status of the project. VC/Nolan opened the public hearing. There was no one present who wished to speak on this matter. C/Ruzicka moved, C/Nelson seconded, to continue the public hearing for Development Review 2002-34 to May 27, 2003. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Nelson, Tanaka, VC/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Tye 8. PLANNING COMMISSION COMMENTS: C/Tanaka stated that the City and Diamond Bar Breakfast Lions Club recently completed their very successful 20`h annual Easter Egg Hunt and Pancake Breakfast. APRIL V 1 2003 Pgw PLANNING j, 4,,O 3 VC/Nolan reminded Commissioners and audience members that the Diamond Bat- Birthdav Celebration would take place this Sunday at Pantera Park beginning at 12:00 noon. 9. INFORMATIONAL ITEMS: DCM/DeStefano reported that the Extended -Stay America Hotel project was sent to Council for a public hearing on April 1 and was continued to April 15 at the request of the applicant. On the morning of April 15, the applicant requested an additional extension of time to the City Council's meeting of May 6. As of yesterday, Al Ariz, project director, reported to him that the project is definitely a go. In general, comments from Council were similar to the Planning Commission questions and concerns. As presented in the agenda. There being no further business to come before the Planning Commission, Vice Chairman Nolan adjourned the meeting at 7:11 p.m. Respectfully Submitted, James DeStefano Deputy City Manager AttCst: \'icc-Chairman Dan Nolan ' City of Diamond Bar PLANNING • r 1. request•construct a two story, single family residence of approximately 10,643 gross square feet including balconies, porch, patio and attached four car garage r • . retaining wall with a six •• maximum exposed height. �•• •1111111m1 Windmill 480Torrance Blvd. Ste. 300 Torrance, - 90503 Richard Gould Torrance,3480 Torrance Blvd. Ste. 300 ' 90503 The property owner, Windmill Estates and applicant, Richard Gould are requesting an approval of Development Review No. 2003-01 pursuant to Code Section 22.48.020. A. Approval of this request will allow the construct of a two-story single-family residence with a four car garage, balconies, porch and a patio for a total of approximately 10,643 square feet. Additionally, the request includes a retaining wall with a maximum exposed height of six feet located in the north side yard. The project site is located at 3099 Windmill Drive, Diamond Bar, California. The project site is the vacant Lot 5 of Tract 50314, a 15 -lot subdivision with graded buildable pads approved by the City Council on February 3, 1998. Tract 50314 is adjacent to the Country Estates. The rectangular shaped lot has a flat buildable pad and the balance of the lot slopes downward to the canyon and is part of a slope, drainage and maintenance easement. There is a sewer and 30 feet utility easement at the front of the lot. There are also easements • • street purposes an• an easement sewer acres.purposes. The lot is approximately 1.77 gross acres and the buildable pad area is .50 The pad area that •'expanded o garagethe north side yard to provide for required backout area for the which is perpendicular to thr driveway. IN 101112 0 Of - �=_ - �_ - 1 160, The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DUAC and zoning designation of Single Family Residence -Minimum Lot Size 410,000 Square Feet (R-1 -40,000). Generally, the following zone surrounds the project site: To the north, south and east is R-1 -40,000 and R-1 -8,000 to the west. Develor)ment Review The purpose of Development Review 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. In this case, the process will also ensure that the proposed project's development yield a pleasant living environment for the residents and visitors as the result of consistent exemplary design. Pursuant to Development Code Section 22.43.020. A., an application for Development Review is required for residential projects, which involve construction on a vacant parcel and new structures, additions to structures, and reconstruction projects which are equal to 50 percent or greater of the floor area of existing structures on site, or have a minimum 10,000 square feet of combined gross floor area. The proposed residential project is on a vacant lot with a gross floor area of approximately 10,643 square feet; therefore Development Review is required with the Planning Commission as the review authority. The following is a comparison matrix of the development standards set forth by the City's Development Code and approved Tract Map No. 50314 and the project's proposed development standards. F. CITY'S DEVELOPMENT STANDARDS AS PROPOSED PROJECT'S DEVELOPMENT APPROVED THROUGH TRACT MAP 50314 STANDARDS SETBACKS: MINIMUM FROM PROPERTY LINES SETBACKS: FROM PROPERTY LINES Residence: Residence: • Front yard - 25 ft. from front property line; a Front yard - 69.60 ft.; • Side yard - 10 & 15 ft. from the buildable pad's • Side yard - 10 & 15 ft from buildable pad's edge; 40' between neighboring structures edge; 58' between neighboring structure • Rear yard - 25ft from buildable pad's edge; • Rear yard -60ft. from buildable pad's edge; BUILDING HEIGHT: BUILDING HEIGHT: ® Two stories - maximum 35 ft. from natural or • Two stories with a basement - 33.5 ft from finished grade; natural or finished grade; PARKING: PARKING: • Minimum two car garage (20' x 20' each); • Garage - 21.5 ft. X 39 ft. = 819 sq. ft. which will provide a minimum of 4 parking stalls; FENCING/WALLS: FENCING/WALLS: • Maximum exposed height within the side and • Maximum exposed height within north side 6 ft. rear setback - 6 ft; (not within the 30 ft. front yard setback; • Maximum exposed height within the front • Maximum exposed height within the front setback - 42 inches; setback will be conditioned in resolution to not exceed a height of 42 inches; LOT COVERAGE: LOT COVERAGE: Maximum - 30 percent. • 7.34 percent. The proposed project's development standards are in compliance with the required development stan•. ds as specified in the Development C••- and Tract Map No. 50314 Development Standards, K, The proposed residence's architectural style, as referred to in the application is Mediterranean. This style is compatible with other residences in "The Country Estates" and this Tract, due to the eclectic architectural style that is existing in this area. Prominent architectural features include the portico with round arches supported by stylized columns, balconies with baluster railinys_bakYAAZ'_*#2fjj U 4. r* doors, A mate rials/colo rs board has been submitted' which delineates the followinfl, Stucco Colors Merlex — P-105 Oatmeal cream base Roof Eale- #5503 Sierra Madre re -Wrought Iron Rails Ash Grey— SP 40 ® li htre Dunn Edwards Fascia Trims Pearl White — SP 70 —Ii ht bei e Dunn Edwards Columns & quoins Whis er — SP 114-1 — off white Dunn Edwards _] The proposed single-family structure contains two stories. The first floor contains a four car garage, storage room, linen closet, service room, prayer room, bedroom with bath and walk in closet, family room, morning room, kitchen, dirty kitchen, pantry, dining room, living room, entry, library, powder room and porch. The second floor contains a master bedroom with sitting area master bathroom and walk-in closet, five bedrooms of which three have their own bathroom and walk in closet, one bathroom, game room and two balconies one of which is covered. A total of 7 bedrooms are proposed with a garage that can park four cars and with the additional driveway thatcan park two cars. Therefore, staffbelievesthe number of bedrooms • - •• • • • •. provided be adequate. Retaining Walls II area. The garage on perpendicular ti the driveway and the retaining wall is needed to create 24 -foot• -• unobstructed backout area. The Mitigation Monitoring Program outlined i pact Report No. No. 96071104) and approved by the City shall be implemented rigorously. Prior to issuance of occupancy permits, oak and walnut trees'-• plant species installed according to ratio, locations, and palette mix specified in EIR No. 97-1. A condition of approval for Tract No. 50314 requires the preparation of a "Buyers' Awareness Package". This includes, but is not limited to: 1. Information pertaining to geologic issues regarding the properties; 2. Wildlife corridors; 3. Oak and walnut preservation issues; 4. The existence and constrains pertaining to Significant Ecological Area No. 15 and Tonner Canyon; 5. Explanatory information pertaining to restrictions on use of the properties as necessary; 6. And, similar related matters. A program was instituted to include delivery.of a copy of the "Buyers' Awareness Package" to each prospective purchaser. This program incorporated a signed receipt by the prospective purchaser verifying receipt of the Package and that the prospective purchaser read the information within the Package. This program also required that a copy of this receipt be forwarded to the City. To ensure the effectiveness of this program, it will be a condition of approval that the applicant submits to the City a copy of this receipt signed by the prospective buyer before the issuance of Certificate of Occupancy. In the event no buyer has purchased the property, then receipt is to be forwarded before approval of future improvements (i.e. hardscapes, pool/spa, retaining walls, additional landscaping.) Additional Review The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached resolution. Pursuant to the provisions of the California Environmental Quality Act (CEQA) & guidelines promulgated there under, pursuant to Section 15162 (a) of Article 11 of the California Code of Regulations, the City has determined that this project is consistent with the previously certified Environmental Impact Report No. 9i®1 for Tract Map No. 50314. Further Environmental review is not required. N Notice for this project was publishedini - • i _..��. . ValleyTribune'• • notices were mail -i to approximately property owners within a 700 -foot radius of the project site on April 24, 2003. Furthermore, ^ project a- posted-• •!rc'• and the public notice was posted in three • • places on April 24, ".q. Staff recommends that the Planning Commission approve Development Review No. 2003- 01 Findings of r and conditions •fapprovalas listed within the attached resolution. The design • layout of r proposed development is c nsistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, communityboulevards,or planned • ^ •• 2. The design i layout of - proposed •- •• •t unreasonab interfere with the use • enjoyment of • •• • existing or r development,and will not traffic or pedestrian hazards; _ri 3. The architecturaldesign of proposed •e •• compatible characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly • • attractive development •._..- • ^• by Chapter 48 of Development C --applicable rPlan,• r specificplan; 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, r -. •color aesthetically .••-r • 5. The proposed development 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 • ••^ to the properties • improvementsthe • The proposed • • . been • in complianceprovisions of theCalifornia Environmental Quality Act (CEQA), u "Ram - 1 a - 1. ®raft Resolution; 2. Exhibit "A" - site plan, floor plan, elevations, and colors/materials board dated May 13, 2003, 3. Application; 4. Photos of Site. 5. Tree Statement. 6. Re -Vegetation plan 7. Architectural Rendering 3. Covenant and Agreement to Maintain a Single Family Residence CommunityDevelopment/LorenaGodinez/staffreports/DR-03-01 0 0 A r •` propertyThe owner,t Estates, _u and applicant, Richard Gould, propertyhave filed an application for Development Review No. 2003-01, for a • -• at 3099WindmillDrive, Diamond Bar, Los•- • California, as described in the title of this Resolution. Hereinafter in this Resolution,• - Development Review be referred to as the "Application." 2. On April 24, 2003, 68 property owners within a 700 -foot radius of the project site were notified by mail on April 24, 2003 and a notice of public hearing on display board was posted at the project site and displayed r 1 •r ys before the public hearing. On April• 2003,• of public hearing • project was madeGabriel rTribune and Inland Valley Daily Bulletin newspapers. Additionally, three other sites were posted within the vicinity of the application. 2003 the Planning Commission of of Diamond conducted • • concluded r duly noticed public hearing on Application. • NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of 2. The Planning Commission hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract No. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines L. promulgated thereunder, pursuant to Section 15162(x) of Article 11 of the California Code of Regulations. No further environment review is necessary. Planning3. The Commission hereby•- • and determines having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before the Planning • -sR that the project • •••_..• 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, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. "I". Based upon the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: a) The project site address is 3099 Windmill Drive, Diamond Bar, California. It is the vacant Lot 5 of Tract 50314, a 15 -lot subdivision with graded buildable pads adjacent to the Country Estates approved by r City Council on February •• lot is approximately 1.77 gross acres and the buildable pad area is .50 acres. The pad area will remain r same except • the - be expanded on the north side yard to provide for required backout area for the garage which is perpendicular to the driveway. The rectangular shaped lot has a flat buildable pad and the balance of the lot slopes downward to the canyonr • is part of a slope,drainage • easement.maintenance . is a sewer • , feet utility easement -.. of the •. There are also easements for r ss and street purposes and an easement for sanitary and sewer (b) The property contains protected/preserved trees according to the mitigation monitoring plan, located outside of the buildable pad located at the front, north •. • the rear downward sloping side of the property. Thosetrees include California BlackGums, Mondell Pines, _ •. - Oaks,Oaks and Mexican Elderberries. (c) The project site is zoned Single Family • .40,000 Square Feet (R-1-40,000). Its General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC. a - application is a request to constructtwo-story, single-family totalingresidence with balconies, patio, porch and attached four car garage to approximately* M_. - feet and . site retaining wall with a maximum exposed height of six (6) feet. ' design and layout of , proposed development ara consistent Plan,with the General 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. The General Plan a_•l1,.e•, on 1995 • the Final Tract Map No. 50314 was approved on April 18, 2002. The proposed • �• •i • •* •..- .- • •- - The project is consistent with the Tract Map's Development Standards. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. 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 and enjoyment of neighboring existing or future development will n• - traffic or pedestrian hazards. Tract Map No. 50314s Master Environmental Impact Report No. 9i-1, certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. The project site is an undeveloped lot within an approved tract designed for single-family homes. Windmill Drive and access roads in the vicinity, Wagon Train Lane and Steeplechase Lane, adequately serve the project site as reviewed in the Certified E1R 9i-1. These private streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain • enhance the harmonious,orderly • attractive 9 -�evelopment contemplated by Chapter 22.48, the General Plan, City Design- Guidelines, or applicable• plan. The include the porticolentry with round arches supported by ,•. columns, balconies with baluster railings, a bay window, quoins and a stucco exterior with stucco details of cornice and window treatments for styling. These features and the varying rooffines add texture and contrast. The proposed materials1colors board was compared with previously approved boards in the vicinity. The combinations of off-white, beige palette and the building's architecture blend and complement the overall streetscape. The selected materials and colors are consistent r " I RIM#. '- `• Therefore, proposed I 1 - _ consistent and and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. (h) The design of the proposed development will provide a desirab environment for occupants and visiting public,as neighbors, throughi••• aesthetic use of _texture, • colthat will • remainaesthetically r ••- • As referenced in the above findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic 'use of materials, texture, and color that will remain aesthetically appealing. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single-family residence. (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 - - of • •• 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. M Additionally, the terrain in the vicinity of Windmill ®rive is hilly. The subject site is at the middle of the tract and at a lower elevation than its northerly neighbors are. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. The provisions of the California Environmental Quality Act (CEOA). The environmental evaluation h• that the proposed i } ,x11 I � .r_ r� I" � � 1"1 R 1 r • r •. ••' } fir• }. } r C71 • t Ft 77F71 r 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: Planning,a) The project shall substantially conform to site plan, floor plans, elevations, and mate rials/colors board collectively labeled as Exhibit "A" dated May, 13 2003, as submitted and approved by the Commission,r • as amended herein. trash,(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 debris,• refuse,whether • • or subsequent • construction, sha ' 11 be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide • •transportation,• disposal of • R waste ' • residential, • ^ construction,• industrial City. It shall be the applicant's obligation to insure ..the'waste contractor utilized has obtained permits from the City of Diamond Bar to provide kc) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable •rR to ensure no construction equipment R Planningdebris of any kind is placed within the vegetated area until released by the Division and the balanceremain- Building R • R Official approves its removal. Sanitation facilities shall be provided during -construction. (d) A grading plan review and approval is required for cut/fill quantities greater than -0 cubic shall be - Public Works Before- • _ any City permits, submitted • place•r construction started after The erosion control -o..r plan shall conformto National Pollutant r • WaterElimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPIDES permits. (f) If applicable, the applicant shall comply with Standard Urban Stor i. • rrequirements to the satisfaction of the Ci Engineer. slope.(g) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum (h) Driveway slope shall be shown on plan] - Building • Safety Divisionreview . • (1) Retaining wall shall not be constructed of wood or wood products; (2) Retaining wall shall be required to be ornamental by using stucco or decorative block; (3) Engineered calculations shall be submitted with retaining walls; (4) Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (5) Retaining wall exposed height shall not exceed six feet Dirty kitchen shall not be used as a second n _ i•• 't �. p �_ -i - gip. '" p' single-family11) The t _California•dUniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements. - The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (n) The single-family structure is located in "Fire Zone 4" and shall meet the following -l.. ^' if fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; tile roo shall be fire "ip-i at the eaves to preclude entry of t membersflame or under All unenclosed under -floor -abe constructed exterior (3) All openings into the attic, floor, and/or other enclosed are shall be covered with co rros ion- resistant wire mesh not le than 1/4 inch nor more than 1/2 inch in any dimension exce where such openings are equipped with sash or pop L Chimneys shall . - spark .._ arresters - . _. . maximum 1/2 in (o) This single-family structure shall meet the State Energy Conservation Standards. (p) Smoke detectors shall be provided in all sleeping room.] • Prior to the issuance of i • permits,- applicant submit• p plans to the Los Angelesi - Department for review p .ii • A condition of approval forNo. 50314 requires preparation of a "Buyers' Awareness Package". This includes, but is not i to: Information pertaining to geologic -pr p • the prope2. rties; • p• 3. Oak • walnut preservation i The existencep constraintspertaining to Significant a an Ecological Area No. 15 and Tonner r • 5. -Explanatory information pertaining to restrictions on use of the properties as 6. And, y related matters. Applicant deliver 1 copy Awareness Packto each prospective purchaser. A signed receipt by the prospective purchaser verifying receipt of the Package and that the prospective purchaser read the informationPackage shall be forwarded to the City.p a , _ shall submitf the C signed by e prospective bu before the issuance of a.r of Occupancy. In the event no buyer has purchased the property, then receipt is to be forwarded before approval of future improvements (i.e. hardscapes,pool/spa, retaining walls,additional r i ri • Applicantshall makei applicationWater DivisionDistrict as necessary, and submit their approval to the Planning prior to the issuance of • "• permits. (u) Within sixty days of Certificate ,.:_. • . Occupancy, • i licant shall be required to submit a land scape/i rrigation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 50314 and delineatetype of planting materials, color, size, quantity and location.• r•' and irrigation shallbe installed within six (6) months of the Certificate of Occupancy issuance. Applicant shall submitr detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (w) Applicant shall comply with Planning and Zoning; Building and Safe Division; and Public Works Division; and the application shall bi approved by Department. rX The single-family _ residence not be utilized in r manner that creates adverse effects upon the neighborhood and environmental setting of . residential to of dust, glare/light, •- • odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services a' • resources. Thesingle-familyresidence commercial/institutional purposes, • ' otherwise used as . separate dwelling. The property shall not be used for regular gatherings which result in a e or traffic and parking problems neighborhood. shall(y) The owner complete and r i._• r i•"Covenanti Agreement to Maintain iFamily Residence"on r form to be provided R y the ES3 permit.City. The covenant must be completed and recorded with the L Angeles County's Recorder's Office prior to the issuance of a buildi grant valid for two (2) years and shall be - -• (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 Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance • _. of the City of . • •. Development C owner(aa) This grant shall not be effective for any purpose until the permittee and _ permittee) filed, within fifteen days of approvalof grant, .the of Diamond Bar Communityand DevelopmentServicesDepartment, their affidavit stating that they are aware and agree to accept all the conditions of this grant,grant shall not be effective until the permittee pays remaining City processing fees. (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Windmill Estates, LLC, owners, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED PPR• ADOPTED THIS 13th DAY OF MAY 2003, COMMISSION OF THE CITY OF DIAMOND BAR. Joe Ruzicka, Chairman E I, 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 Par, at a regular meeting of the Planning Commission held on the 13th day of May 2003, by the following vote: AYES: NOES: ASSENT: ABSTAIN: JamesDeStefano, LORENA/RESOLUTIONS/3099 WINDMILL DRIVE DR 03-01 im ** ti DEPARTMENT/Planning Division ,.2- E. CopleyDrive Diamond _. 91765 Phone (909)396-5676 Fax (909)861-3117 It-- r L_ Case # Deposit 2000.00 Receipt # L , ®y a •� Date Rec'd - - — L____±0li CITY USE 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: 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 partnerships, joint ventures, and directors of corporations.) Consent of Owners: I certify that l am the owner of the herein -described property and permit the applicant to rrle this request. Print Name (Aa record ownersl Gr Signed rA ; record owners) g Delgado, Presi ent WM Certification of Applicant: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name (Apv^ an; or Agent) Richar Gould, Vice President Signed fApPiicant at AgentJ Date Location a 've - Tract 50314 Lot'5 (Street acaress or tract and lot number) Zoning - i -2(1, 000 House Numbering flap/aerialn/a Previous Cases Present Use of Site vacant Use applied for thew single family residence with att. garage 0 ii F4158. 00 sq. feet 800.00 sq. feet 5679.00 sq. feet Lot 5 Tract 50314 3099 Windmill Dr. Diamond Bar, Ca Total square feet (from above) Lot area square feet 7.34 percent (shall not exceed 40%) 77,321 s. f . Effective Jan. 2002 Site Coverage. The percentage of total site area occupied by structures Structures/building coverage includes the primary structure, all accessory structures (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc. Structures/building coverage is measured from exterior wall to exterior wall. Landscaped area Building coVeruge Paring coverage 0_0 Revised 5102 Zoning Clearance /Plot Plan Application 8 The subject property is Y2 acre or less and is exempt from Tree 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, willo or naturalized California Peppe,i. The applicant states that activi (,grading and/or construction) will take place within five (5) feet of th outer dripline of any oak, walnut, sycamore, willow, or naturalize j CalifornP ia epper treeA e . Tre Permit has been or will be applied for pri ] to any activity taking place on the property. L A -Z, (Applicant's Sighatu're) //(Date) D:WORD-LINDA\FORMS\TREE STATEMENT TTTHEN RECORDEDMAIL TC City of • • Bar 21825 E Copley Diamond Bar, CA 91765 Space Above Line For Recorder's Use Only The • •• hereby are the owner(s) of the hereinafter described real property located at 3099 Windmill Drive in the City of Diamond ir, County of Los•. of California,commonly • s ^• •^ •^•11111mal .• • ^ e :•e a �._ - •^ � � � . 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 not be rented or sold separate ano 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. 4 STATE OF CALIFORNIA On tday of it before e the undersigned Notary Public r • for said State, personally appeared personally . to me (or proved .• basis of r * i evidence) *_•. the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the r 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 ` -instrume-st—.— • M . 011 Lem I IM01110 0 IN ARM . • no - ,> : V, ire C, � , � " O :lj m m 7-6 Cn ,> : V, ire C, � , � " 0 A 11 I 2' M .' 1 .� i"� , w� �� s I 411W Y R_. 11V "P117a . 5 x i � a ! $ i I F k 1 t t i a k r 1y(( B y,) k tt.. at _ j ks E� FOX -20121111111111m, Ti-' I m .. ' 1:6- Staff Report CASE/FILE NUMBER: Administrative Development Review No. 2002-22fTKa �__P_ • 2003-02/Tree Permit • 2003-03/Negative Declaration N• 2003-03 APPLICATION REQUEST: A request to construct a three story (two -stories with basement), single-family residence with balcony, covered patio, and four -car garages totaling to approximately 5,673 gross square feet and site retaining walls up to an exposed height of • feet. Additionally,r request forr 20 feet reduced front yard setback and the removal and replacement of protected/ preserved trees is requested. PROPERTY OWNERS: Lo and Alba Moesser, 2707 Diamond Bar Boulevar Diamond i .91765 1 APPLICANT: Horizon Pacific, 2707 Diamond Bar Boulevard, Diamond Bar, CA 91765 ■ O a0WJ �l The Property Owners, Lo and Alba Moesser, and Applicant, Horizon Pacific, request to construct a three story (two-story with basement), single-family residence with balcony, covered patio, and four -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. A reduced front yard setback at 20 feet and the removal and replacement of protected/preserved trees is also requested. Tract No. 32482 is a fifteen -lot subdivision originally submitted to and approved by Los Angeles County in March 1982. It was mass graded and pads created by permit in 1986. Diamond Bar's current development standards apply to projects in Tract No. 32482 similar to other lots in the CountryEstates. Lot 6 is approximately 46,174 gross square feet (1.06 gross acre), and 20,909 net square feet. The site has a Restricted Use Area, easements, and trees, which are now protected/preserved species. The project site is an irregularly shaped lot that as part of the original grading process has an existing approved retaining wall constructed. At the time of the mass grading of the tract the front setback was 20 feet. The project site is zoned R-1-20,000 for single-family residence. Its General Plan Land Use designation is Rural Residential (RR) I /du/acre. The subject site is surrounded by the R-1 - 20,000 Zone. Per the City's Municipal Code, Section 22.48.020, Administrative Development Review by the Hearing Officer is required for projects involving a building permit for new construction on a vacant parcel that has less than 10,000 square feet of combined gross floor area. The proposed 5,673 square feet single-family residence on a vacant lot requires Administrative Development Re 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 working, or shopping environment and attracts the interest of residents, workers, shoppers r •visitorsas r result •..: consistent . ..•r • • The review process uses the City's Design Guidelines and the City's Development Code to promote •.•• - rrespects .. •- - physical r •environmentalcharacteristics .... r - of the community and the site. HUMM toOM -9 •-• .• • � . •. ` .::. . • .•r• fit• � �.. r .. r --N, 11 � 9� ' "It. and pad were constructed to meet that requirement. The purpose of a Variance is to allow for adjustment of the Municipal Code standards. The adjustment may be granted when special circumstances are applicable to the property (i.e. location, shape, size, surroundings, topography, unreasonable regulations, other conditions, or the strict application of the Municipal Code) denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. The special circumstance must create an unnecessary and non -self created hardship that makes it obviously impractical to require compliance with the development standards. A Variance may be granted for relief from dimensional standards such as setbacks and lot coverage or other standards. The Planning Commission is the review authority for a Variance application. Pursuant to Municipal Code Section 22.38, protected/preserved species may be remov • replaced with a Tree Gam. highestPursuant to Municipal Code Section 22.48.030, permits are acted upon concurrently a the authority determination. these - Planni Commission is t_ highest authority. ® General Plan and Design Guidelines 1. Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood; and 2. Strategy 2.2.1, Requires that new developments be compatible with surrounding land Compatibility equates to the Municipal Code standards including setbacks, height, on-site parking, site coverage, site planning, lot and pad size, architectural design, landscaping, mass, bulk, and the impact to other properties, etc. Development Review cases are analyzed on a case by case basis. The evaluation considers the project and the above ® Development Standards The following • • - development stan•. • • the i • proposed development •. • City Development Standards Project's Proposed Development, Standards Setbacks1. structure: Setbacks a Front yard -30-- • property line and Front yard- 20 -- • _ varying front••^. ,. 0 Side yards -1 0 feet& 15 feet minimum Side yards- 12 feet and 15 feet from from property line, 25 feet between property line and meets the 25 feet dwelling units between dwelling units 0 Rear yard -25 feet from property line Rear yard— approximately 270 feet 2. Building -• ,,. • .. • - • f Maximum 35 0 3. Parking: Parking: r i __. Minimum two -car garage. Garage Dual two -car garages (20.6'x28.5') and • i • 4 -Coverage-Overall _1'. 4_ Site • -rage 0% • Site Planning/Size/Mass/Bulk A guiding principal for good site planning is that the siting and design of structures and landscaping should ensure t all blend • the terrain !. •• not dominate the landform as seen from lower elevations. The lot, the pad, and the proposed structure for this application are at a higher elevation than its easterly neighbors, is lower than the westerly neighbor, and is generally on the same plane as the northerly and southerly neighbors. The single-family residences on Kicking Horse Drive are generally two-story structures. Most structures are built on r,r• pads created Areas, easements, and many have natural non -graded slopes for their side and rear yards. The proposed project's single -story garages at the streetscape eliminate a bulky appearance. Note that the southerly garage elevation (998) is higher than the northerly garage (987) elevation. The bulk of the structure is at the rear and built into the existing slope. The resident will enter the structure at the foyer highest of the three levels and descend a staircase to the lower living levels. The maximum height of the structure shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. The structure is proposed at 35 feet in many places. evidence of • • - shall be required with a heightcertified by r licensed engineer at completion of •. This product does notoppose the above guiding ! •. • •••• site planning, size, mass and bulk, r • compatibility with the structures• • • the site. • Lot and Pad Size retainingThe lot is 1.06 acre. Though this is a large lot, its many restrictions make the buildable area approximately .48 acre. Also, the existing slope topography and the constraints of the existing wall constructed during the original roughgrading process special applicable to this property. The Applicant has designed a project around these constraints by The intent of - Code is thathillside developments be concentrated those environmental disruption. 51 ® Exterior Stairs/Trash Can Porch The exterior stairs on the southerly side of the structure are five feet in width and are in the 15 feet required setback. Per Section 22.16.090(3)(c)(2), outside stairways are allowed to project into a setback a maximum of 30 inches. This revision to the plans is part of the conditions of approval. Additionally, staff discussed the outdoor garbage can storage area on the north side with the Applicant. This area projects into the setback and was to have been removed from the plans. It inadvertently remains on Exhibit "A." Therefore, it is a condition of approval that the area be removed. ® Architectural Features, Colors, and Floor Plans The proposed project's architectural design and palette are compatible with the architectural style of other homes within the tract and consistent with the City's General Plan, Municipal Code, and Design Guidelines. The project's architectural features include: a streetscape elevation of the entry cupola with arches and columns; dual staircases and concrete balustrade hand rail; one to two story levels; and layering of materials and finishes of Meadowbrook beige stucco walls, stucco window trim details of light beige -Swiss Coffee color, and multi-levels of Eagle's San Benito blend concrete tile roof lines to add texture and contrast. The proposed single-family structure consists of one to two -stories and basement. The entry -story includes the foyer, guest bath, bonus room and dual two car garages. The lower floor includes the living room, kitchen, breakfast room, formal dining, bedroom #3 with bath, master suite with retreat, bath and walk in closet, hall bath, bedroom #2, and elevator. The basement includes the maid's room with bath, laundry, game room with bar, bedroom #4 with bath, elevator and covered patio. There are five designated bedrooms and a bonus room. There is covered parking for four car� plus the circular driveway. Staff anticipates adequate parking for the project. Two of the bedrooms note office on the plans. Therefore, a condition of approval has been added that prior to any Home Base Business use, the Owners/Applicants shall obtain a Zoning Clearance subject to the standards outlined in Development Code Section 22.42.070. • Covenant and Agreement 3_��E A preliminary landscape plan was submitted for review and approval delineating the type Q planting materials, color, size, quantity and location. Prior to obtaining any permits, the Applicalm E is required to submit and have approved a revised landscape plan with the Planning Division. This plan is required to include more planting materials to mask the rear structure and retaining walls. Also, the location for the replacement trees for the removal of protected/preserved trees must be shown on the final plan. All landscaping and irrigation shall be installed prior to the Planning Division's final inspection a issuance of a Certificate of Occupancy. All trees shall also be indicated on the site plan, gradi plan, and landscape plan. The terrain in _ of • Horse Drive is hilly. The parcels generally follow••The subject site is lower than street level, higher than the easterly neighbor is, and lower than t westerly neighbor is. By maintaining the allowed height of 35 feet, the proposed resident - i structure allows view corridors to its neighbors. Therefore, staff does not consider this propos residence detrimental to its neighbor's views. - The grading, • r•- and reta• wallsnecessary for r improvements will be reviewed, approved, and permitted by the Public Works and Building and Safety Divisions. Their preliminary review comments are contained in the conditionsof .•p • • Soil Report A soils report was submitted for the tract. The Applicant is required to update the soils report for the proposed • • - be reviewed and approved by • Division prior to issuance of additional grading permit/retaining wall permits. The soils report will reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. • Erosion Control, BMP's, Storm Water, etc. Before the issuance of any City permits, erosion control plans for this site are required for t hi City's review and approval. Measures shall be in place for construction started after Septemb 15, through • r u • Retaining Walls The plans call for retaining walls to hold the slope at the rear of the proposed project at maximum exposed height of six (6) feet. The Municipal Code allows the Director to approve wal up to seven feet in areas of varying topography and up to eight feet if the wall is in areas varying topography in the rear of the parcel. The walls at six feet are consistent with standard The retaining walls are required to be ornamental using stucco or decorative block. I r • r The Applicant is required to verify that the project site is currently connected to the publidc sew system and impacts on the sewage capacity as a result of the proposed single-family residen will be approved. The Applicant is also required to submit an application to the Walnut Vall Water District for Fire Flow and submit their approval to the Building and Safety Division prior the issuance of building permits. I The Variance .•.' • allow a front setback at 20 feet.• • Bar Codr requires a 30 feet front setback for the Rural Residential building standards. During the tract's mass grading, a retaining wall was constructed and approved to support th slope and existing pad. At that time, the front setback requirement was 20 feet. The reduced . • yard setback as proposed is consistent with the neighborhood and the pad created during th mass grading process. Most homes in the tract have a 20 feet front setback. In this case, th- existing retaining wall would be impractical to remove and re -compact the slope. The existing slope topography and the constraints of the existing retaining wall constructed durine the grading process are special circumstances applicable to this property. The strict applicatio - of ••r in this instancewould prevent r site from promoting design that respects• protects the natural•••• •intentof ••e that hillsidedevelopments shall•.concentrated in those areas with the least environmental disruption would be impacted. - Due • the combination of •' rl circumstances applicable to the property, .•• • of the Municipal Code's front setback standard denies the property owner privileges enjoyed other property owners in the vicinity and under identical• • districts. unnecessaryand non -self" • hardship that makes• • require compliance the development standards. I r Preservation of the trees is not feasible and would compromise the property's owner's reasonable ,jse and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards). I Given the location of the building pad and the retaining walls, it is necessary to remove fo existing preserved/protected trees. To maintain the trees would place an unreasonable hardsh on the Applicant to construct a residence with a logical and rational layout that respects t varying topography. The trees will be replaced at a 3:1 ratio with a protected/preserved speci and a minimum box size of 36 inches. The existing tree that is to remain on site is noted as a black oak on the plans. However, the arborist letter indicates the species as California Live Oak, a protected/preserved species for a tree to be removed. Therefore, staff requires that the remaining existing tree noted as black oak on sheet A-1 shall be identified by a certified arborist and submitted to the Planning Division. Prior to the issuance of any City permit, protection requirements as required per Municipal Code Section 22.38 will be determined by the Planning Division. Staff believes this project's elements of development standards, site planning, lot and pad siz architectural design, landscaping, mass of structure, view impact, wall heights, and site work, a compatible to its neighbors and the surrounding area. I I F1V1LT1W174TJ-( ITWI di Il Ll Hee ULI 1U1 xlfilu AIRMEITU7 u postut witnin ine viciniTy oT Me applicationFew April 15, 2003, notification of the public hearing for this project was provided in the San Gabri ValleiV_Tribune and Inland Valley Daily Bulletin newspapers and a notice of public hearing on display board was posted at the site. I Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 1507 the City has determined that a' Negative Declaration is required for this project. Negati Declaration No. 2003-03 has been prepared. The Negative Declaration's review period beg April 17, 2003 and ended May 6, 2003. REQUIRED ADMINISTRATIVE DEVELOPMENT REVIEW FINDINGS (Draft Resolution Sectior (B)(4): E-1 criteriae. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural for specialized area (e.g., 'rs, specific plans, communityplans, boulevards, or planned developments); f. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or i'•' i g. 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, • ' i applicable s• _ .. r plan; h. The design of the proposed development will provide a desirable environment for its occupants and visiting • ilic; as well as, its neighbors thr•_ i •iii aesthetic ^ of Environmentalmaterials, texture, and color that will remain aesthetically appealing; L The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and j. The proposed project has been reviewed in compliance with the provisions of the California k. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, other conditions),• that the strict application of Municipal Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or • • regulation which makeobviously • .r to require safety,compliance with the development standards; 1. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; m. Granting the Variance is consistent with the General Plan and any applicable specific plan; n. The proposed entitlement would not be detrimental to the public interest, health, convenience, • ^ r of and • The proposed _ has been reviewed in complianceprovisions of • Preservation of __ not feasible and would compromise the property's owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replace me nt/Relocation Standards). ATTACHMENTS: 1. ®raft Resolution; 2. Applications; 3. Tract 32482 Original Grading plan, Lot 6; 4. Arborist Letter dated April 4, 2003; 5. Exhibit "A" - site plan, floor plans, elevations/sections, roof plan, landscape plan, and grading plan, dated May 13, 2003. in DRAFT The property owners, Lo and Alba Moesser, and Applicant, Horizon Pacific, have filed an application to approve Administrative Development Review No. 11 - No. 2003-02/Tree Permit No. 2003-03/Negativ Declaration No 200-03 • property located at 22364• Horse Drive, Diamond i • Angeles •unty, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Administrative Development - r Variance, Tree Permit,and Negative Declaration •r. referred to as r' "Application". On April • 2003,• property owners within r 500 -foot radiusof r project sit- were notified by • three other public places were posted within the vicinity of - application.On 11notificationof the public hearing for this project was provided in the San Gabriel Valley Tribune • Inland Valley Dgily Bulletin newspapersand a noticeof public hearing on r display board wasposted at the site. 3. On May 13, 2003, the Planning Commission of'the City of Diamond Bar conducted and concluded the public hearing on the Application. • THEREFORE, ..A• • • determined • resolved • . -. Planning .....i Commission of the City of Diamond Bar as follows: The Planning Commission _.. nom.• specifically finds :• y all of the facts set DRAFT ATTACHMENT "'I" The Planning Commission hereby finds that the Initial Study review anLt Negative Declaration No. 2003-03 have been prepared by the City of Diamond Bar in compliance with the requirement of the California Environmental Quality Act (CEQA) and guideline promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 2003-03 reflects the independent judgment of the City of Diamond Bar. The review period began April 17, 2003 and ended May 6, 2003. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this PlanninW Commission hereby finds as follows: (a) The project relates to a parcel at 22364 Kicking Horse Drive (Lot 6, Tract No. 32482) Diamond Bar, California. The parcel is 1.06 gross acres. It is an irregularly shaped lot with a graded buildable pad and retaining wall. The project site contains a Restricted Use Area, easements, and protected/p reserved trees for which the Applicant is requests a Tree Permit for the removal and replacement. (b) The project site is zoned Single -Family Residential, R-1 -20,000. Rural Residential (RR), I/du/acre, is the General Plan Land Use designation. (d) The application is a request to construct a three story (two -stories with basement), single-family residence with balcony, covered patio, and four -car garages totaling to approximately 5,673 gross square feet and site retaining walls up to an exposed height of six (6) feet. Additionally, a reduced front yard setback at 20 feet and the removal and replacement of protected/preserved trees are requested. K or:: - The design and layout.f the proposed development is ci _- 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). GeneralThe vacant prdject site was established before the adoption of the - proposed • •complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designation of Rural Residential (RR). The proposed structures comply with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods 1 open space. _ proposed use is zoned single-family residence, R-1-20,000. The main structure and its placement on _ parcel i • to the coverage and height criteria of i -1 1 Bar Development 11' - •1 = - reduced frontyard setback as proposed consistent with the - • ii 111' . f � 1• -r -1 f i ^ r f .i • • • ^ Most homes in the tract have a 20 feet front setback. The topography and the constraints of the existing retaining wall constructed during - grading 1 • - are •ecial circumstances applicable t• the property. The proposed design and layout is compatible with the eclectic architectural style, design, materials, and colors of existing homes within the surrounding area. 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 • enjoyment of neighboring existing or development, and will not create or pedestrian hazards. designed •homes.. proposed i . does not change the use intended for the site as a single-family residence. The main structure and its placement on the parcel conform • the site coverage • height criteria of • 1 is Development C The reduced front yard setback as proposed is consistent with the • 1i i1I 1 ^ fes• ^, -f i" • - r f r• i 1 • _. 0 i the constraints of _ existing retaining .r • wall constructed during the grading process are special circumstances applicable to the property. Steeplechase _' � serve h -h• ^ r Lane and moi•TrainLane adequately project sit_ These streets are designed to handle the minimum traffic created by this type of development. hazards. (g) The architectural design of the proposed development is compatible with the characteristics of • • '• neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or applicable :: • ^ plan. The proposed project's architectural design and palette are compatible with the architectural style of other homes within the tract and are consistent with the City's General Plan, Development Code, and Design Guidelines. The streetscape elevation's architectural features include the entry cupola with arches and columns; dual staircases and concrete balustrade hand rail, one to two story levels; and layering of materials and finishes of stucco, stucco window trim details, and multi-levels of concrete the roof lines to add texture and contrast. ' ^ design of proposed •- -• provide desirable environment • occupants and visiting public, as well as its neighbors, • •. •••• aeusestheticof materials, texture, and color aestheticallythat will remain ••- • i • • • ''III•• • 1 `i - i i - r • -.. i ••• _• 1.. i h , • - h • NOW the area while offering variety. (i) The proposed project will not be detrimental to the public health, or h - or - 1 • ^i., negative affect on property valuesor - - of ••- to the properties or improvements the - 0 • i _ 1 1 _ � � _ _ y _i i 1 ' • 1 I .i "' i i �, Ell 1111 ..411111 milli]. The terrain in the vicinity of Kicking Horse Drive is hilly. The parcels on Kicking Horse Drive generally • • _ ridgeline.tracti surroundingthe older tracts o terrain. site have terraced pads created in the , i the allowed height of - feet, proposed residential stru' allows 1 •i to its neighbors.Therefore, staff does not consider this proposed residence detrimental to its neighbor's - proposed project has • .. reviewed in compliance Pursuantprovisions of the California Environmental Quality Act (CEQA). to - provisions • . _ - City has determined r 1 Negative Declaration is required for this project. According to CEQA Section 15070, Declaration No. 2003-03been prepared. I he Negative D- •review period began Aprilrr ended May 6, 2003. (k) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), • that the strict application of the Development C•i- denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development •. • The Variance request is • allow front .1 .. setback current Diamond Bar Code requires a 30 feet front setback for the Rural Residential building standards. .1 •.'• .• .. 1ii •1' . 1 i I.1 1. v * _ ,. - .,1 feet front setback. In this case, the existing retaining wall would be impractical to remove and re -compact the slope. 0 ATTACNTIENT I" The existing slope topography i the constraints of 1 retaining wall constructed during the grading process are special circumstances applicable to this property. The strict application of the Code in this instance would prevent the site from promoting a design that respects and protects the natural topography. The intent of the Code that hillside developments shall be concentrated in those areas with the least environmental disruption would be impacted. The strict denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts and creates W r i • �r r1 / I r- 11. 1NIMMIMM OCE . • r Variancenecessary for the preservation an• enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. • ,. r � � Iri Irl' '. r .f -j � - • r - 1' ' r 1 r i • •' I r 1 '' VP' • re -compact th- slope.1 and placement of 1 • 1 1 1 1. r r" 1*,I f• -• •- • f • r 1 I f' • 1 1 1 1. As a result, Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. Granting the Variance is consistent with the General Plan and any applicable' specific plan. The proposed reduction of setback and construction of proposed structures are consistent - General Plan and consistent •- _• - s and 2.2.1 of _ Land Use Element. There is 1 specffic plan. Additionally,requested •. ,, •from the intent of the • 1 .,. will still • - satisfied. on DRAFT ATTACHMENT "1" (n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. (o) The proposed project has been reviewed in compliance with th-,,z provisions of the California Environmental Quality Act (CEQA). _ Negative Declaration's review period began April 17, 2003 and • 1 May 1 2003. (p) Preservation of the tree is not feasible and would compromise the property's owner's reasonable use and enjoyment of property ot surrounding • and appropriate mitigation•' implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Stan•. • Given the location of the building pad and the retaining walls it is necessary to remove the four preserved/protected trees. To maintain the trees would place an unreasonable hardship on the applicant to construct a residence with a logical and rational layout that respects the varying topography. However, the trees will be replaced at a 3:1 ratio with a protected/preserved species and a minimum box size of 36 inches. •Based upon the findings and conclusion set forthabove, the Planning Commission hereby approves this Application su• ^ 1 the following • iow (a) The project shall substantially conform to site plan, floor plans, elevations, • •` plan, and materials/colors board collectively labeled as Exhibit "A" dated May 13, 2003, as submitted to and approved by the Planning Commission and as amended herein. 19 subjectDRAFT sbe maintained in a conditiona. free of debris both during and after the construction, addition, implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, h.ll be done only by i• owner,i• r or by duly permitted waste contractor,who has been • `• by City to provide itransportation,• disposal of • i waste • _ residential, • M. construction,and industrialareas 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^ remain(c) Before construction begins, the Applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall r Building Official approves• r (d) The Applicant shall provide temporary sanitation facilities while under (e) The Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the Public Works Division prior toissuance of grading • r I •wallpermits. soils report• reference the suitability of i walls4l, withstand • . of . retained soils and proposed •e - •• 1 grading • retaining wall plan shall be required. In accordance the City's grading requirements, the grading plan shall be reviewed and. approved by the City before the issuance of a grading permit. On grading • ^ following shall be delineated: Indicate cut and fill quantities and earthwork calculationsand any exporti r • Indicate2. • e• surfaces, and finished grades; 3. Indicate drainage detailed sketches,surface water drain away from the building at a 2% minimum slope; ,w" Indicate proposed and existing grades; 5. Plans be signed/stamped by a civil engineer, .• geotechnical engineer and geologist; 6. Indicate all easements (i.e. Flood Hazard Area, Restricted Use Areas, r _ 7. Retaining walls shall not be constructed of wood or wood products; M | Retaining walls shall be ®# ®,v #t ornamental by .<n,».::, or decorative block; . Retaining walls shanot exceed » maximum expoh= #» of six a :■ Engineered . calculations shall be submitted with retaining walls k k k ©kn■: ■ is not applicable); 11. Indicate retaining wall , .- ■<»:■^: ,� grading �. ��■ delineate: ■,■f»_ , „ of ,: n, (c) Finish Surface; , /»u»«_c».t■n: ? grading shall subject to Development \,■f Sections 22.16.030 (Air Emand Section 22.28 (Noise); 13. Hydrology ». w ■n: z -■»n, capacity of proposed drainage #-.c<»< well as existingdrainage structures ,n site shall be reviewed and approved a\ Public Works Division; y ■ .,> atop ...., walls holding fill shall not -.c:., < maximum height . a:¥2 .. ■ ° applicable, the Applicant shall comply with Standard Urban Storm Water ■wa ». - requirements .a : .he satisfaction ,f the City Engineer. $»,®- the issuance ,° any City permits,erosion control plans shall be submitted : review an■ approval. Measures shall be in place for .,n: - ,n started after September 15, through April erosionThe control ,n shall conform to National Pollutant Discharge Elimination?'■?` standards and incorporate the appropriate ■Z© Management . Practices ■d® Additionally, Applicant shall obtain necessary ?®■?\,... Applicant shall verify that th, project: currently .connected to ... public# impacts,n the sewage capacity as » result of the proposed structure be approved. Applicant submit application .o the Walnut Valley Water ■ .�: -��,».n,<.,..h..».-,<fo©.,,ro, to the Building z'■ Safety ■ .:■n prior to the issuance ■°building ,tm» Site, driveway grade, and ',.:! design shall be approved ,. the Fire Department. The maximum slope:/', per the Public Works Division. 9 DRAFT ATTACHMENT I " The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (n) The single-family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: 1 . All roof covering shall be "Fire Retardant, Class A"; tile roofs shall bee sped s prde eor oatthe eaveeunty hm members under the fire; 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 % 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 Y2inch screen. .® This single-family structure shall meet the State Energy Conservation Standards. (p) Due to the site's topograph., Applicant shall comply with special design requirements as specified in the California Building Code, Section 18.4.3, building setback, top and toe of slopes. (q) All sleeping rooms shall have windows that comply with egress requirements. ip��11�g p�n UIMM =1160301111111f �� I , I i, III . 0.-0 (s) Hand rails and guardrails shall be designed for 20 -pound load applied laterally at the top of the rail. (t) Smoke detectors shall be provided in conformance with the 1998 California Building Code. (u) Application shall provide window and door schedule for Building an# Safety plan check. im .e front»..dlandscaping/irrigation shall ,e installed prioro the Planning D : .<■inspection. A, gates, . .,_ �_ : fountains, !» _:^_ be proposed within the front setback shall street's dedicated *_<=- 2 or exceed . maximum 42 inches in height. city - _ Prior o the <<.a..- of any ,t-- � s the applicant shall a- »,�,<�,- - �- , k�:■'�- ®,,landscape/irrigation-°t- that delineates : type ,f planting materials color, size, quantity .n■ ,:a:,n for review=n■»,i,.= by the City's »...■Division. ,include . .., installation § ■� �. °,-^<h „x specimen preserved/protected species ,° either 2,2..f Oak, walnut, arroyo willow, ■r sycamore -trees. Additional plant species shall be included to mask the proposed retaining walls and structure walls at rear the , e property. All landscaping and -irrigation shall be installed■r■ :, the issuance of sCertificate of Occupancy. All shall be indicated on the site plan, grading plan, ..# landscape plan. remainingix The existing ©•n,:f, as black oak ,n sheet A-1 shallbe identified ,. a certified arborist submitted . . Planning Division. Prior to the issuance of any City permit, protection requirements as required per Municipal Code Section 22.38 will , determined , the Planning Division. southerly outsstairway be revised. It shall not exceed maximum ,2:| inches into .2e required setback of 15 feet. garbage can storage area on the north side shall be removed from the plans. Prior aany Home Based Business use in the proposed offices, Owners/ApplicantsOwners/Applicants shall obtain a Zoning ?..e<.,. to the standards outlined in Municipal?■#- Section 22.42.070. „ The single-family residence shall not be utilized in _ manner that creates k#.f»- effects.,,n the neighborhood.■n..■ ■ of the residentialsite to levels ,°dust, glare/light, noiseodor, traffic, ,,f'disturbances to «f existing residential neighborhood and not result significantly ■. a ^f »< ,n public services and resources. The single-family residence shall not ,. used for commercial/institutionalcommercial/institutional purposes, ■rotherwise used as k separate dwelling. The property shallbe used for regular gatherings which HE neighborhood. (cc) 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 AngelesCounty's der's Office prior to the issuance of a building permit. • • The Applicant•,_ply with r requirements •r__ • r Fire Department • City Planning, Divisions. r • * _ _EJ r (ff) This grant is valid for two (2) years and shall be exercised (i.e. i • that period or grant shall expire. A • r extensionyear 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 B r • • .Code. (gg) This grant shall not be effective for any purpose until the permittee • owner of - property involvedother than the permittee) filed, days of approval of 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. thh) If the Department of Fish and Game determines . r Fish y • a Code Section 711.4 applies to the approval of this project, then the Applicant • _ City, within _ 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. SEEM (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Lo and Alba Moesser and Horizon Pacific, at 2707 Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 1 3 th DAY OF MAY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. A-0 Steve Tye, Chairman Lylvi I I I I I I t6m-,3 Lui MEN u -j Le im Ong AYES: NOES: ABSENT: ABSTAIN: ATTEST: im BAR COMM U a i DEPARTMENT/Planning Division Copley21825 E. Drive Diamond Bar, CA ,,: Phone (909)396-5676 Fax (909)861-3117 Record Owner Applicant �-1 v-- . - Name ..tfe f (Last name first) (Last name first) Address 2 ®i ®Sr-52,0� City�� Zip ­Tl®1 tn� F Phone ( ) Fax ( ) ATTACHMENT "2" Phone ( ) Fax ( ) (Last name first) 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: ft 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 partnerships, joint ventures, and directors of corporations.) Consent of Owners: I certify that I am the owner of the herein -described property and permit the applicant to fife this request. Print Name A, (Ali recoro owners) Signed - , -- Date I t f (An record owners) c9 Certification of Applicant: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge, _ _-.__ Print Name c r (Applicant or Agent) Signed _ Date__ (Applicant or Agent) Location -D e r r ,K C -, (Street address or tract and lot numbe-q Zoning E' House Numbering Map/aerial Previous Cases Present Use of Site y - 4, - Use applied for Record Owner ®.AAY SIA " COMMUNITY AND Ck� ase # DEVELOPMENTDEPARTMENT FPL # Planning Division Deposit 5; o 21825 E. Copley Drive '/ Receipt # Diamond Bar, CA 91765 /' �� oa i B> Phone (909) 396-5676 Fax (909) 861-3117 Date Recd - FOR Cln' USE Applicant Applicant's Agent 'ip l�� ( -7 S - 'hone (4� (� ; t Phone ( ) PhoneCt / Fax ( > fax (901) �c®� TOTE: It is the applicant's responsibility to notify the city in writing of any change of the principals involved daring the processing of this case. kttach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of .)rporations. ) onsent: I certify that 1 am the owner of the herein described property and permit the applicant to file this request., .�e� fined Date ��J tit >rtifacation: 1, the undersigned, herebv certify under penalty of perjury that the information herein provided is correct tJC:3 beg4p towledge r®g, my t3 int Name PCO (Applicant or Agent) _ med Date L _ (Applicant or, Agent) cation .--V4 S C, y% i n < (Street address or tract and lot ween j _ (Street) ging � and (Street) House Numbering Map �G4 CA i ter_! �cl t � )mestic Water Source Y, Company /District ethod of Sewage Disposal �P .� , r,-, Sanitation District t Y4L ading of Lots by Applicant? Yes Z, No ❑ Amount (Show necessary garding design on site plan or tent. map) GAL DESCRIPTION (All ownership comprising the proposed lots/project). If petitioning for zone change, attach legal description of erior boundaries of area subject to the change. ween (Street) 1dential: Total Units Total Pkg. Bachelor Cov. Pkg. and 1 Bedroom Uncov. Pkg. ect Site: YEL / (( -v t Gross Area Number of Lots. (Street) a devoted to: Structure Open Space <J 3 (; 5 c dentia] Project �?�', �� sF and � �- �= n'i�-r►�. Gross Area Number of Floors city: [ae&r Maximum Height: �L, No. of Floors: -,?vgwaJ Sq. Footage -residential: Sq, ft. area • • , 0 V vCE R VARL&NCE BURDEN OF PRI,F 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.) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions,) so that the strict application of the Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; Granting the Variance/Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance/Minor Variance is sought; Granting the Variance/Minor Variance is consistent with the General Plan and any applicable specific plan; and any Specific plan; and The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (LEGA). 0 (INSIDE GO' RNMENT CENTER) DIAMOND B,,. 91765 909 396 5676 FAX 909,861 3117 Wamn APPLICATION FPL # Deposit S Reccipt# Date Applicant's Agent (Last name fint) -)7-r not,"J-,e Community Development Director in writing of uy changc if the principals involved during the processing of this am. Y, A"WItIng names, addresses, and signatures of members of partnerships, joint ventures, and firectors of "rporations.) Consent: I cerfify 1hat I am the request. —OwWr4f the herein described Pmperty and pennit the applicant tofik this Signed. rd owners) (All reco--- Date Cerfification: 1, the undersigned, hereby certify underpenahy of ped that the infor ma& n herein p is correct to the best of my knowledge. Print Name (Appii=L ®r Agent) Sighed 'Date _17> -7 (Applicant or Agent) Location (i.e. address or general description of location) and legal description of property in question: .(usp additional sheets sus necessary) :71 ca ATTACHMENT "Y Hp:- 03 03 03:37P Horizon Pacific (908) 868 ® 6291 P.2 ® 03:39P FROM:' 70, I98WG9G291 P:j/j 626-"6-3600 626-796-8282 FAX 626-792-2201 Cedifivd Aftrist 0105 CCAA ATTACHMENT 66499 Jerry K. Yeh Horizon Pacific -2707 Diamond Bar Blvd. Suite 202 Diamond Dar® CA 91765 I bAVO Permanally IU5PPctPd the jobsite at 22364 Fickjoa Horse D1and have seea the proposed site plan. The t�rO,3�3).05;'i'lorala Peppers ('$chj0uV Rolle) mout be removed a e -r -laced with 24"' boxed California Peppers. The one (1) Callfornia Live Oak (Quereas Aorifolia) augt be removed and replaced with a 24" C011fo-Min Live Oak Ond you will wind up w:Lch much borror troas lu a baccor location. Any qualicloos please give me a Cal]_ Jaines R. Miller Certified ATborisqt Certlfled ArhoriRt #1036 CCAA JRM/b Notice is hereby given that the City ofDiamond Bar Community and Development Services Dwpartment, Planning Division has completed on Environmental |nibu| Study for Administrative Development Review No. 2002-22yVarimnoe No. 2003'02/Tnoe Permit No. 2003-O3for the subject property located at 22364 Kinking Home Drive in the City of Diamond Bo/. County of Los Angeles. The proposal is to allow for the construction of o three story (bmn-uhmry with basement) single-family residence with ba|oony, covered petio, and foupcorgunagwa totaling to approximately 5.673 gross square feet on an approximate 46,174 square feet. R'1'20.000 zoned, Lot No. S of Tract 32482. The request includes site retaining walls up to an exposed height ofsix (6) feet. The Applicant requests Variance approval for reduced front yard setback and a Tree Permit to remove and replace protected/preserved trees. The Initial Study was completed in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study. the City's Staff has concluded that the project will not have a significant effect on the anvironment, and has therefore prepared o Negative Declaration No. 2003-03. The Initial Study reflects the independent judgement ofthe City. The Project site is [l imnot Z onalist compiled pursuant toGovernment Code section 858O2.5. M ��= NEUTRON 11 !1! 1111 11111111111 111 n 11 City ofDiamond Bar Community and Development Services Department/Planning Division 21825ECopley Drive Diamond Bar, California 91765 (909)839-7030 The review period begins April 17, 2003. Comments will be received until May 6, 2003. Any person wishing tocomment on this matter must submit such cnmmenta, in writing, to the City prior tothis date. Comments of all Responsible Agencies are also requested. /# its meeting the Planning Commission will consider the project and the Negative Declaration No. 2003'03. If the Planning Commission finds that the project will not have o significant effect on the onvironment, it may recommend adoption of the Negative Declaration. This means that the Planning Commission may proceed to consider the project without the preparation of an Environmental Impact Report. Linda KaV Smith Development SE Pr pare y Signature Date received for filing and posting im s Assistant M�0� Los Angeles County Clerk's Office Environmental Filing 12400E.Imperial Highway, Room 20Ui Norwalk, California 90650 �l Office ofPlanning and Research i48OTenth Street, Room i21 Sacramento, California 95814 1�x z ff 1E Diamond 21825 E. Copley Drive Diamond Bar, CA 91765 I 1 IN 1 1 I II I N.T. . 0 0 0 -BLOOD HAZAP= AREA IJ _�ICK'NtLORSE LIM AMY �lm Pursuant to Guidelines for California Environmental Quality Act ryfs: EnvironmentalInformation o completed by the applicant, e,_ the requirements for an Initial Study. Project title: Variance No. 2003-02/Administrative Development Review No. 2002 - No. 2003-03 City of • • t:. iCopley" Diamond : • 91765 3. Contact person and phone number: Linda Kay Smith, Development Services Assistant, 909-839-7033 4. Project location: 22364 Kicking Horse Drive, Diamond Bar, California 91765 (Lot 6, Tract 32482) 5. Project sponsor's name and address. Property Owner/Applicant: Lo and Alba Moesser 2707 Diamond Bar Boulevard Diamond Bar, CA 91765 Phone: (909) 869-6191 Fax: (909) 869-6291 Applicant's Agent: Horizon Pacific C/O Jerry Yeh 2707 Diamond Bar Boulevard Diamond Bar, CA 91765 Phone: (909) 869-6191 Fax: (909) 869-6291 6. General plan designation: Rural Residential (RR - Max. 1 DU/ACRE) 7. Zoning: R-1, 20,000 Zone 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The application is a request to construct a three story (two-story with basement) single- family residence with balcony, covered patio, and four -car garages totaling to approximately 5,673 gross square feet. The request includes site retaining walls up to an Ill exposed height of (6) feet. The Applicant requests Variance approval for a reduced fronti setbacka"• a Tree Permit to remove • replace three protected/preserved trees. The replacement value per Diamond Bar's code is 3: 1. The project site (Lot 6 of Tract 482is approximately 106 gross acres partially • .i"i as •r.. of overall grading e tract. i Surrounding homes.The proposed project lies within The Country Estates, a gated community of custom ` topography of area is generally that of .^ily rolling contiguousResidential development has occurred on all west.- area the east -. currently .._e, 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ® Aesthetics 0 Biological Resources 0 Hazards & Hazardous Materials 0 Mineral Resources 0 Public Services 71 Utilities/Service Systems Agriculture Resources ® Cultural Resources Hydrology/Water Quality ® Air Quality ® Geology/Soils Land Use/Planning ® Noise . 13 Population/Housing 13 Recreation 0 Transportation/Traffic ® Mandatory Findings of Significance 3 U1141 ISM_ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. i that although the proposed project could have a significant effect on the environment, - in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 1 find _• a the proposed project ` A- have - on - - REPORTenvironment, and an ENVIRONMENTAL IMPACT is required. ■ 0 1 1 find that proposed "• MAY have -"potentially significant impact" or potentially significant unless mitigated" impact on the environment, onehas been adequately required,applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is _ only the effects that remain to be addressed. 71 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 4/14/03 Signature Date Linda Kay Smith Development Services Assistant Printed Name For 0 1 A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A • Impact"answer is adequately •ii.__• referenced information i the impact simply•o- not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific well as general • •. • the project will . answersexpose sensitive receptors to pollutants, based on a project -specific screening 2) All , account including well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below,_may be cross-referenced). 5;i Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 9 relevant7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are .o project's on_.a effects is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance C Issues: I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? Createsource of • yr. lightor • .r- which would.. affect day or - views in thearea? 11. AGRICULTURE RESOURCES: determining agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site AssessmentModel (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Potentially Significant Impact 13 C Less Than 7 Significant with Potentially Mitigation Less Than Significant Incorporated Significant No Impact Impact Impact C3 13 13 13 Createsource of • yr. lightor • .r- which would.. affect day or - views in thearea? 11. AGRICULTURE RESOURCES: determining agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site AssessmentModel (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Potentially Significant Impact 13 C 7 Ili. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Significant Less Than Significant with Mitigation Less Than Potentially Mitigation Less Than Incorporated Significant Incorporated significant No Impact Impact Impact Impact Impact a) Conflict with or obstruct implementation of the applicable air either directly or through habitat quality plan? modifications, on any species identified b) Violate any air quality standard or as a candidate, sensitive, or special contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable policies, or regulations, or by the net increase of any criteria pollutant for California Department of Fish and Game which the project region is non - or U.S. Fish and Wildlife Service? attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? E? Less Than Significant with Potentially Mitigation Less Than Significant Incorporated significant No Impact Impact Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on E? any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal . Less Than Significant with Potentially Mitigation Less Than Significant Incorporated Significant No Impact Impact Impact cemeteries? VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects,• • the risk of • death Rupture• • earthquake .. • • Earthquake Fault ry oning Map iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 10 Less Than Significant with Potentially Mitigation Less Than Significant Incorporated Significant No Impact Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS ®® Would the project: Less Than Significant with Potentially Mitigation Less Than Significant Incorporated significant No Impact Impact Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 11 h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY ®® Would the project: Less Than Significant with Potentially Mitigation Less Than Significant Incorporated Significant No Impact Impact Impact a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level, which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? 12 g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAN® USE AND PLANNING - Would the project: Less Than Significant with Potentially Mitigation Less Than Significant Incorporated significant No Impact Impact Impact a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a) Result in the loss of availability of a known mineral resource that would be of Less Than Significant with Potentially Mitigation Less Than Significant Incorporated Significant Impact Impact 13 0 F1 No Impact value to the region and the residents of the state? b) Result in the loss of availability of a 13 locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic Less Than project vicinity above levels existing Significant e) For a project located within an airport with not been adopted, within two miles of a Potentially Mitigation Lass Than the project expose people residing or Significant Incorporated Significant No noise levels? Impact f) For a project within the vicinity of a Impact Impact a) Exposure of persons to or generation people residing or working in the project of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a 71 private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 14 XII. POPULATION AND HOUSING ®® Would the project: Less Than Significant with Potentially Mitigation Less Than Significant Incorporated Significant No Impact Impact Impact a.) Induce substantial population growth 13 El El N proposing new homes and busines ' ses) or indirectly (for example, through 6xtension of roads or other mfi-astructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? 15 Less Than Significant with Potentially Mitigation Less Than Significant Incorporated Significant No Impact Impact Impact 13 13 0 0 Other public facilities? a) Would the project increase the use of or other recreationalfacilities substantial physical deterioration of the facility would • or be e- • Does theproject ._ recreational facilities or - - the construction expansion of e - facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATIONfT FFIC -- Would the project: Less Than Significant with Significant Potentially Litigation Less Than Significant Incorporated Significant No Impact Litigation Impact Impact 13 El 0 11 XV. TRANSPORTATIONfT FFIC -- Would the project: Less Than Significant with Potentially Litigation Less Than Significant Incorporated Significant No Impact Impact Impact a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including'either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or In dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS ®® Would the project: Less Than Significant with Potentially Mitigation Less Than Significant Incorporated Significant No Impact Impact Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ffl g) Comply with federal, state, and local statutes and regulations related to solid waste? I a) Does the project have the potential to degrade the quality of the environment, substantially. • the habitat of a fish threatenor wildlife species, cause a fish or wildlife - population to drop below self-sustaining to eliminateplant. animal community, reduce ` he number or restrict the range of a rare or endangere# plant or animal or eliminate important examples of the major periods of California prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? 3 Less Than Significant with Potentially Mitigation Less Than Significant Incorporated significant No Impact Impact Impact Oiscussions within each section may be grouped. d The proposed • • fd in The Country Estates . • the site currently impact.contains a semi -graded parcel in an existing tract of single-family residence homes at 22364 Kicking Horse Drive. Aesthetic impact has been considered for the proposed project. The proposed residence will not have significant detrimental view blockage __ and landscaping have been s _ _ to ensure an aesthetically plan,pleasing project site. The applicant shall conform to the landscape • • with the City's Development Code and is approved by the City. The proposed project will be developed in compliance with the City's Development Review and Design Guideline standards. As a result, the proposed project will be consistent with the existing development within the surrounding area by utilizing good architectural design and features, as well as compatible and pleasing colors and materials. The proposed front setback is consistent with homes in the vicinity that were constructed under Los Angeles County setback requirements. mannerThe only source of light and glare may emanate from the sunlight reflected on windows and roof, and the on-site lighting. However, on-site lighting will be shielded and installed in a •t reflect light or glare on • neighboring properties i public Sources: General Plan, Resource Management Element, III -10; Project application documents; Diamond Bar Municipal Code, Section 22.48; Diamond Bar Design Guidelines. II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. a. c. The proposed project is located within an existing residential tract approved by Los Angeles County in 1982 and completed prior to the 1989 City incorporation. The project site was mass graded as part of the overall grading for the tract. The mass grading also incorporated the semi -buildable pad for the project site. The zoning for this project is R-1®20,000. The General Plan designation is Rural Residential. The proposed project is not in an Agricultural Zone. This project does not conflict with agricultural uses or convert Farmland to non-agricultural uses. Sources: Diamond Bar Zoning Map. 19 .:._•iii .• • i` -" !•1! � ---�- �i :! _! ••- � • ! .. • •._� .. =i • - `ter -mac: ls,,__y �- _ "1 =� �"w '�- ...•` - • -- _ i i - -• i i .. . • L • i 10, - ig II -F-3; Project .ii 4 M- a. f. The proposed project is located within an existing residential tract approved by Los Angeles County. The project site was mass graded as part of the overall grading for the tract. The mass grading also incorporated the buildable pad for the project site. Currently, the pad area has protected and preserved trees, however the City code allows for the removal and replacement of these trees with a tree permit. The request is to remove two California Pepper trees and one Oak. Preservation of the trees is not feasible and would compromise the property owner's reasonable use and enjoyment of the property. The replacement ratio is 3:1. Presently, the site does not contain locally designated natural communities or wetlands. In the absence of these conditions, a determination has been made that the site is incapable of supporting endangered, threatened or rare species. The proposal is not expected to have impacts to endangered, threatened or rare species or their habitats because none are know to exist. The project site does notcontain species identified as a candidate,or special status species in local or region plan, policies, or regulation, or by the California Department of • Game or and Wildlife Services or •.. ` habitat and federallyprotected • defined by - • 404 Clean communities.sensitive natural 91 Sources: • and 18;General Plan, Resource Management Element, 111-11; Project site plan/application; Diamond Bar Municipal Code Section 22.38. No historical sites have been identified in the'vicinity of the project site and there are no archaeological or paleontological sites identified within the City. The site has sustained extensive grading as part of the tract's development. Therefore, it is not anticipated that the site's development will disturb archaeological, paleontological, or historical No unique ethnic cultural values, religious, sacred or formal cemeteries are located within a quarter mile of the project site. Therefore, the proposed project will not have the potential to create adverse- •: on said resources. a. e. No portion of the City has been identified in an Alquist-Priolo Special Studies Zone. The closest fault is the Diamond Bar Fault, which is described as a "small inactive local fault". Historically, there is no record of any earthquake with an epicenter in Diamond Bar or its Sphere of Influence, and no significant movement has ever been recorded for the Diamond Bar fault. The project area is bound on the north by the San Gabriel Mountains, on the west and south by the Whittier Fault and Elysian Fault, and to the east by the Central Avenue -Chino Fault. The project site is located in highly seismic Southern California region within the influence of several fault systems that are considered to be active or potentially active. It is anticipated that the project site will periodically experience ground acceleration as the result of small to moderate magnitude earthquakes. However, faults identified by the State as being either active or potentially active are not known to be present on-site. The site is not located within the State of California designated Earthquake Fault Zone; nor is the site located within a Seismic Hazard Zone. The proposed project lies within Seismic Zone 1. The proposed single family residence will be designed in accordance with the latest edition (2001) of Uniform Building Code. Liquefaction is a seismic phenomenon in which loose, saturated; fine-grained granular soils behave similarly to a fluid when subjected to high-intensity ground shaking. Liquefaction occurs when these ground conditions exist: 1) Shallow groundwater; 2) low density, fine, clean sandy soils; and 3) High—intensity ground motion. The sands typically lose a portion or all of their shear strength and regain strength sometime after the shaking stops. Soil movements .(both vertical and lateral) have been observed under 21 these conditions due to consolidation .i=i ice''_ of the liquefied soils.., _ reduced shear resistance of slopes. _ graded in 1986. The building p.• is engineered fill placed in thin lifts, moisture conditioned, and then compacted. Lot 6 fill lot is supported by a designe,# retaining wall in conjunction with the mass grading complete with drainage. The soil consists of dark brown to light brown lean clay, and the laboratory testing indicates a medium soil expansion potential. Structural elements are incorporated in the build i ng/fou ndation design for these types of units. The proposed use, • • basement, does notpropose any operation that subsidence. No evidence of geological recent movement was observed during the original grading M groundwater w:i nit noted in the soils reports.infers subsidence i i thus has no impact on the site. The project as required by the Building and Safety Division will update the soils report for the construction of . single family residence. The above analysis indicatesthe likelihood of loss, injury or death involving fauh rupture, strong ground shaking, ground failure, liquefaction, or landslides is limited. Also, that the soils will support the project and the existing sewer and storm drain systems are adequate. Sources:Project Application/plans;• • e_ Report and • . paction Reports, Pacific Soils Engineering, Inc., dated June 2, 1986.; General Plan Public Health • Safety Element,g.E r -7-16; California Seismic Hazard Zones .• dated April••8 Public•Division. a. — b. The proposed project will likely utilize hazardous materials, such as oil, diesel fuel, etc. during the construction phase. The project's residents will also likely use relatively small amounts of household hazardous materials. Their relative minor use results in less than significant impact and therefore, the routine transport, use, or disposal of hazardous materials does not create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Sources: MEA, II -M-1; Project application; General Plan, IV -1 et seq. C. The project site is located approximately 3/4 mile plus from an existing school. There are no schools proposed • , mile • theproject ^ Additionally, circumstances as referenced above, project will emit hazardousemissions or W materials, substances or waste within one-quarter mile of an existing or proposed school. Sources:- _d School District; Pomona Unified School District; City of Diamond .• . The project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5, and as a result will not create a significant hazard to the public or the environment. Sources: MEA, II -M-1 et seq.; project application/ site plan. e. f. The project is not located within an airport land use plan or, where such a plan has been adopted, within two miles of a public airport or public use airport, or within the vicinity of a private airstrip. Therefore, the project will not result in a safety hazard for people residing or working in the project area. 9. It is not expected that the proposed project will impair the implementation of or physically interfere with the City's adopted emergency response plan or emergency evacuation plan. h. The proposed project is in an urbanized area and not adjacent to areas where the possibility for wildland fires exist or near wetlands. Therefore, the proposed project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Sources: MEA, 11-K-1; General Plan, IV -1 et. seq.; Uniform Building Code, 2001; project application/site plan. a. and e. Development of the project site will reduce pervious surfaces thereby increasing surface runoff. Runoff will be directed from on-site drainage devices to off-site drainage devices that are designed to accommodate project site runoff. The impacts associated from the increased runoff are expected to be insignificant since the site coverage is approximately 10%. Additionally, as a project condition of approval, a hydrology study may be required for the City's review and approval. W expectedMitigation Plan requirements in order to prevent pollution by reducing potential pollutants at the source. Therefore, it is not .: proposed project will vi• any water quality or waste discharge requirements. Sources: Diamond Bar Public Works Division; Project Site Plan; MEA, • _ 1; Project application. i; Due to the proposed project's small-scale changes in the quantity of ground waters either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability is not expected to occur. The construction of a single family residence in an established single family residential tract is not considered to cause a substantial reduction in the amount of groundwater for public water supply. Sources: MEA, II -C-3-9, II -P-3-3; Project application. c. d. No stream, rivers, levee, or dams exists around or near the project site. Based on the project documents and requirements as noted above in a. and b., the proposed project will not substantially alter the existing drainage pattern of the site or area or substantially increase the rate or amount of surface runoff that would result in substantial erosion, siltation, or flooding on- or off-site. Sources: Diamond Bar Public Works Division; Project Site Plan; MEA, 11-C-3-9, Fig. II -C- 1; Project application. f. As discussed in Item a., groundwater quality may be impacted by the proposed small- scale development, but its extent is likely to be minimal. Sources: Diamond Bar Public Works Division; Project Site Plan; MEA, II -P-3-8; Project application. g. h. The proposed project is within an existing residential tract. Therefore, it will not place housing within a 100 -year flood hazard area as mapped on the Federal flood hazard Boundary or flood Insurance Rate Map or other flood hazard delineation map or place within a 100 -year flood hazard area structures which would impede or redirect flood flows. Sources: General Plan Public Health and Safety Element, IV -4; MEA, II -C-1-7, Fig. II -C- 1. i. No stream, rivers, levee or dams exists around or near the project site. Based on the project documents and requirements as noted above, the proposed project will not substantially alter the existing drainage pattern of the site or area or substantially 941 increase the rate or amount of surface runoff that would result in substantial erosion or siltation, or ••• • • or iTherefore,proposed project will notexpose pecple or ': to a significantof • or death involving flooding, including flooding as a result of the failure of a levee or dam. Sources: Diamond Bar Public Works Division; Project Site Plan; MEA, 11-C-3-9, Fig. 11 - Project a • j. The closest reservoir is _ Ambushers Reservoir,approximately west of the project in a different drainage basin. If seiche occurs, it will not affect the project site. Additionally, the project is not located near any volcanic mountain regions. There are no large bodies of water in close proximity to the project site. The project site is located within the General Plan Land Use designation area of Rural Residential dwelling unit per _ • is within the zoning district of R-1- 20,000 of an existing residentialThe project proposes one dwelling unit on t acres. The proposed •`• i the design guidelines,Development Code and General Plan. Therefore, the proposed project will not physically divide an established community and fits into the referenced zoning criteria and is not in conflict with the zoning, any applicable land use plan, policy or regulation. Sources: General Plan Land Use Element p.10-27; Municipal Code Section 22.10.130; Project Application. C. The City of Diamond Bar does not have a habitat conservation plan or natural community plan for the project site. Additionally, the project site was mass graded as a part of the overall grading for tract. Therefore, the proposed project is not in conflict with an applicable habitat conservation plan or natural community plan. Sources: General Plan Land Use Element, p 10-27; Municipal Code Section 22.42.130; Project Application. a.®b. The proposed project site will not result in the loss of availability of a known mineral resource that would value the region or state. There are no significant concentrated mineral resources in Diamond Bar, except for oil and hydrocarbons. Sources: General Plan Resource Element III -9; Uniform Building Code 2001; MEA, II -S- 1 and III -B-17; Project application. 99 The use of the single family residence will increase existing noise, but not to an extent considered significant in a neighborhood •` ii" iii i = isingle-familyresidences. i.en the proximity of other residences, i construction it is likely to reach noise levels that are Normally Unacceptable, as indicated in the General Plan. With permit conditions to protect neighbors during construction, e lcanevelst5 reduced to an acceptable_ permit conditions _ __•' the followingtransportation equipment and materials, and operation of heavy equipment shall be limited to hours of 7:00 a.m. to 5:00 p.m.; all construction equipment shall be properly muffled to reduce noise levels; exterior construction activities shall be restricted to the hours of 7:00 a.m. to 00 p.m., Mondaythrough Saturday.Additionally, Country communitydoes notallow constructionoutside of above noted hours. With the completion i development, noise levels _Typically, a single family residence within an established residential tract use does in I related to construction will generate excessive groundborne vibration or groundborne noise levels. Therefore, t proposed project is not expected to expose persons to or generate significant noi levels in excess of standards established in the City's General Plan, noise standards, applicable standards of other agencies; or expose persons to or generate excessi • • •ii - vibration • i"_ iii noise The proposed project•t located within an airporti use • a,... or, where _uch a " airport,lar has not been adopted, within two miles of a public/private airport or public/private us"t project w• • expose people • • or t i in the • i • . excessive noise Sources: General Plan Public Health and Safety Element IV -15; MEA II -G; Municipal Code Section 22.28; Project application. a. -c The proposed project site is a vacant, semi -graded lot with a buildable pad within an established residential tract zoned for development, consistent with the policies presented in the General Plan and standards presented in the Development Code. The proposed single family residence of approximately 5,673 gross square feet is considered small-scale. It is not expected to induce substantial growth, either directly or indirectly and it is assumed this development will not cause any regional or local population projection to be exceeded or expected to require extension of infrastructure. The roads are in place with the subdivision of Tract 32482 in 1982. The existing site is vacant, therefore, the project will not displace existing housing or people necessitating the construction of replacement housing elsewhere. a. The proposed project will receive fire protection and police protection services from the Los Angeles County Fire and Sheriff Departments. Currently, these agencies provide services to the City of Diamond Sar. It is anticipated that the proposed project will not require the development of new or expanded facilities or services. The Country Estates also has their own private security patrol. The proposed project is located within the Walnut Valley School District. It is not anticipated that the proposed residential project will create a significant demand to the District. However, the project is required to pay school fees as part of the development fees paid • the City. The project site is in a private community identified as The Country Estates and part of 2 previously approved resid- i single-family residences. As such the responsibilitymaintenance of the immediate roads/streets, storm drain, sewage systems are the of - • association. The maintenance of public facilities includes roads,- and public right o: way. The project will likely create negligible impacts to the City's streets and sewage systems as the approval for the tract allowed for impact at y time. ..'.:, No other specific governmental services, including parks, have been identified that may be impacted by the proposed project. Sources: General Plan Public Health and Safety Element IV -5-7 and Public Services and Facilities Element VI3-7, Project application; IAEA II -0-1. - .- Single-family residence projects of this type are not generally associated with creating adverse impacts on parks or other recreation opportunities. Also, the private community, The Country Estates, has their own private recreation facilities. Considering the type and small-scale of the proposed project, it is not expected that it will increase the demand for neighborhood or regional parks, other recreational facilities, or affect existing recreational opportunities to the extent that deterioration of such facilities would occur. Nor is it expected that the expansion of such facilities would occur, thereby causing an adverse physical effect on the environment. Sources: General Plan Resource Element, III -2; Project application. .fri .• - A ._. III •. - a., b., d. Vehicle trips will increase temporarily during construction, but not to an extent to significantly exacerbate any existing traffic congestion. A permanent increase in vehicle trips will occur from the use of the single-family residence, but at an average of 9.55 trips per weekday, is considered insignificant. The approved vacant parcel approved for single-family residences of Tract 32482 in 1982, would allow for future levels of service with final map approval. Therefore, levels of service have been established. The on-site to off-site circulation has been reviewed and has been found not to result in hazards to safety from design features or incompatible uses. M Sources: Trip Generation, .5 th Edition Institute of Traffic Engineers; Public Works Division; Municipal Code 22.30-090, Table 3-10. C. No air traffic facilities or operations are in the vicinity of the proposed project. Therefore, the project will not impact these facilities or. operations. Sources: MEA II -T-36; Project application/site plan. . Two private roads, Wagon Train Lane and Steeplechase Lane, which deposit into the public streets of Grand Avenue and Diamond Sar Boulevard, respectively, provide vehicular access. These access routes are considered adequate. Due to the proposed project's small-scale, it is not anticipated that the proposed project will exceed, either individually or cumulatively, a level of service standard established by Diamond Bar's or the County's congestion management plan for designated roads and highways. Adequate emergency access is anticipated. Sources: Public Works Division; Diamond Sar Congestion Management Plan. f. The development proposes a four -car garage with additional areas for uncovered parking. As the City of Diamond Bar's Development Code requires two covered parking spaces, parking is considered adequate for the project. Therefore, the proposal will not result in insufficient parking. 9• The proposed project is consistent with the General Plan's Vision Statement and maintains an adequate level of service on area roadways. The proposed project's design is consistent with the General Plan's goals, objectives and strategies supporting circulation and transportation. Therefore, it is not anticipated that the proposed project will conflict with adopted policies, plans, or programs supporting alternative transportation. Sources: General Plan Circulation Element V-22; Diamond Bar Congestion Management Plan: Municipal Code Section 22.40. XVI. UTILITIES AND SERVICE SYSTEMS a. g. The project site currently contains a rough graded parcel in an existing tract of single- family residence homes. The newly proposed development will continue to be a single- family residence. It is anticipated the new development will use existing utility lines and pipe systems. Therefore, the development of the proposed single-family residence will not result in the need for new systems, supplies, or substantial alterations to the following: electrical power or natural gas; communication systems; local or regional water treatment or distribution facilities; sewer systems; storm drainage systems; and solid waste disposal systems. All systems and supplies necessary for the proposed facility are existing. application;Sources: Project Generalr i i and Public Services r • Facilities Element, VI -2. a. From the information presented in the application, plans, the site survey, it is anticipated that the proposed project does not have the potential to degrade the quality of the environment. Nor will it substantially reduce the habitat of Fish or wildlife species; cause fish or • population to • •i below self-sustaining ya.:_ to eliminate a plant or animal • reduce the numberR restrict _ range of rare endangered plants ,tr animals; or eliminate important examples of major periods of California history/pre • b. From the information presented in the application, plans, the site survey; and the analysis within this document, it is anticipated that the proposed project does not have impacts that are individually limited, but cumulatively considerable. C. From the information presented in the application, plans, the site survey, and the analysis within this document, it is anticipated that the proposed project does not have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly. Note: Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 21094, 21151, Public Resources Code; Sundstrom v. County of Mendocino, 202 Cal.App.3d 296 (1988), Leonoff v. Monterey Board of Supervisors, 222 Cal.App.3d 1337 (1990). 29 ............. m 11 MEN ®eijrs9 a 8� d 7jiQ y[[ 3#�! 31 0 rr ®eijrs9 a 8� d 7jiQ y[[ 3#�! 31 0 G W P3 OILI miumi G W : + : - s :}\ : .� Wor ft»� ■ ! . || |.4. § k � Ifi` & | !� / � 2§t " \ 0 § | \ $ ■ ■ §., |.4. � � Ifi` Ail | !� / 2§t " 0 IL Lo", (410) Ps -at - - - - - - - - - - - - t r7 z4 1 TI T AA TV f. 7r- a 0- 1? r -1 - I G lld rK-,m—.7E DR lit t 9 pal loll; tillep �9gill sliq 11 10 I i Ri ��$8 �9�� Y H111 li �9b 11� •Yaa ��a l� P B � ®gyp �tl NIT d 0 .N qla4 f R �A 6 1 a I� t 11 if 881111oR a R �M 7 ll Q li g® $ bJa as .P MOM 11111 pull IiHll lit t 9 pal loll; tillep �9gill sliq 11 10 I i Ri ��$8 �9�� Y H111 li �9b 11� •Yaa ��a l� P B � ®gyp �tl NIT d 0 .N qla4 f R �A 6 1 a I� t 11 if 881111oR a R �M 7 ll Q li g® $ bJa as E . MAL Imon"m Lum aosvcros wo PWNMS -.I e � n 9a Gym � ^W aw°� I m Iz / / � k / / / u — FL®®® HAZARD ARCA � S ® ®� K c) V ® N r z mymNO ®03 g < < M UJ a ci % VC n �W O N ' S I m Iz / / � k / / / u — FL®®® HAZARD ARCA � City of Diamond Bar o°• '' Staff Report AGENDA ITEM NUMBER: REPORTfi. April0_ MEETING DATE: May 13, 2003 CASE/FILE NUMDER: Development Code Amendment No. 2003-O APPLICATION REQUEST: Consideration of an amendment to: Article III, Sections: 22.16.090, 22.30.030, 22.34.030, 22.34.040, 22.34.050, 22.34.060, 22.36.050, 22.36.060, 22.33.010, 22.33.030, 22.33.060, 22.42.110, 22.42.060, 22.42.030; and Article V, Section: 22.63.030. PROJECT LOCATION: APPLICANT: City of Diamond Bar 21525 E. Copley ®rive, Diamond Bar, CA 91789 The City of • • :. Development C••- became effective December 1998. Since Councilseveral Development Code Amendments presented to the Planning Com mission and City - been adopted. As the staff implements the Development C•• e, it becomes evident from time to time that amendments are needed in order to continue to better serve the .City, residents and the development community or to comply with changes in State law. State law, Planning Commission's request, staff's experience and typographical error prompted the amendment presented areport.As- result, the City of o... irequesting D- - •• ••- • N _ 00 _01 in order*e i amend • t f• • Articles, Sections • .• - • -Development. Article III Chapter• General PropertyDevelopment Sr.•: •:: ChapterSection 22.16.090. Setback Regulations and Exceptions Chapter 22.36 — Sign Standards 22.36.050. Exp_u from Sign Permits Section. 22.36.080. Prohibited Signs Chapter 22.38 — Tree Preservation and Protecti Section 22.38.010. 0 rp i Section _ w:, Protected .:w Trees Section 22.38.030. Protected Trees I Chapter 22.42 — Standards for Specific Land Uses Section 22.42.060. Guest Houses Section 22.42.110. a Residential- and tures and Table 3-15 Section 22-42.120. Secondary Housing - Section 22-42.130. Radio and Television Antenna and Wireless Telecommunications _i Antenna Facilities Article Chapter 22.68 — Nonconforming Uses, Structures and Parcels Section.22.68.030.Restrictions o... Nonconforming ,oc.oform_. • The purpose of the Development Code is to implement the policies of the City's General Plan by classifying and regulating the uses of land and structures within the City. In addition, the Development Code protects and promotes the public health, safety, and general welfare of the residents, and preserves and enhances the aesthetic quality of the City. The Development Code provides standards for orderly growth and development and promotes a stable pattern of land. uses. It is a tool utilized to implement the land uses designated by the General Plan, thereby avoiding conflict between land uses. The Development Code assists in protecting and maintaining property values, and conserving and protecting the City's natural resources. Furthermore, the Development Code facilitates in protecting the City's character, and social and economic stability, as well as assisting in maintaining a high quality of life without unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovative design. The City of Diamond Bar (pursuant to Development Code Section 22.44 — Land Use and Development Permits Procedures) is requesting approval to amend the following Articles, Sections and Table of City's Development Code. The following delineates the current standards and utilizes strikethrough and Italics to emphasis the staff recommended amendments. 0 Section 22.34.030. Single -Family Standards Section 22.34.040. Multi -Family Standards Section 22.34.050. Commercial Standards Section 22.34.060, Industrial Standards Chapter 22.36 — Sign Standards 22.36.050. Exp_u from Sign Permits Section. 22.36.080. Prohibited Signs Chapter 22.38 — Tree Preservation and Protecti Section 22.38.010. 0 rp i Section _ w:, Protected .:w Trees Section 22.38.030. Protected Trees I Chapter 22.42 — Standards for Specific Land Uses Section 22.42.060. Guest Houses Section 22.42.110. a Residential- and tures and Table 3-15 Section 22-42.120. Secondary Housing - Section 22-42.130. Radio and Television Antenna and Wireless Telecommunications _i Antenna Facilities Article Chapter 22.68 — Nonconforming Uses, Structures and Parcels Section.22.68.030.Restrictions o... Nonconforming ,oc.oform_. • The purpose of the Development Code is to implement the policies of the City's General Plan by classifying and regulating the uses of land and structures within the City. In addition, the Development Code protects and promotes the public health, safety, and general welfare of the residents, and preserves and enhances the aesthetic quality of the City. The Development Code provides standards for orderly growth and development and promotes a stable pattern of land. uses. It is a tool utilized to implement the land uses designated by the General Plan, thereby avoiding conflict between land uses. The Development Code assists in protecting and maintaining property values, and conserving and protecting the City's natural resources. Furthermore, the Development Code facilitates in protecting the City's character, and social and economic stability, as well as assisting in maintaining a high quality of life without unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovative design. The City of Diamond Bar (pursuant to Development Code Section 22.44 — Land Use and Development Permits Procedures) is requesting approval to amend the following Articles, Sections and Table of City's Development Code. The following delineates the current standards and utilizes strikethrough and Italics to emphasis the staff recommended amendments. 0 Current: cornera. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and In exceeding six feet in height shall comply with setbacks as described in Table 2 - The Director may reduce the required 15 -foot setback to a minimum ten feet f fences and walls on a reverse vehicular • pedestrian 8. Fences .. • Walls. -. a. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table f The Director .I the required .y, II. setback to a minimum ^-- for fences and walls on a reverse corner lot where a clear line of site is maintained for vehicular and pedestrian traffic. Current: (5) Driveway width and length. a. Single-family uses. spacesDriveways are intended only to provide access to required off-street parking garages. . other paving, except be allowed within the front yard area. Recommended Amendment: (5) Driveway width and length. a. Single-family uses. Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the f ront yard area. An extension of the primary driveway may be approved if the pavement width of the extension does not exceed 12 feet, is located toward the nearest side or rear yard and the total hardscape area of the front yard does not exceed 50 percent of the existing front yard area. Front yard area shall be measured from the frontproperty line to the frontbuilding 91 Current: trees,(d) Landscape maintenance. Yards and setback areas shall be landscaped with • or other plant neat and orderly mannerand substantially free of --• debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Recommended Amendment: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not W detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. �1) Slopes adjacent to a public street shall be maintained in a neat and clean manner, free of --• and debris. Said slopes- watered manually or by •irrigation and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Walls, fences andlor slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering - health, safety • general welfare of the public and detrimental -' • - surrounding community • shall be abated pursuant to Section 22.34.070 ,.., M Current: trees,(e) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, • or other plant material, and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area, Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately Vii_ so as to maintain healthy growing conditions so as not to detract areasfrom the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (e) Landscape maintenance. Yards and setback shall •' landscaped with systemslawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so -a -s and not to, detract from the appearance at the immediate neighborhood. Irrigation •' maintained to prevent public healthor • (1) Slopes adjacent shall be maintained in a neat and clean manner, free of weeds and debris. Said slopes shall be watered manually or by way of an automatic irrigation system. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section 22.34.070. Current: •) Landscape maintenance. Yards and setback areas shall •, landscaped with lawn, trees, • or other plant material,• shall •- permanently maintained in a neat orderly manner • substantially -- of weeds,.debris• •-1• diseased •` dying vegetation and healthybroken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain growing • • • • as not .• detract fromappearance• neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. -• . Ir.i i. .-i101gall shrubs,rd) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, or other plant material,. • shall be permanently ,.moi in - neat • "i orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions se -as and not to detract from the appearance at the immediate neighborhood. •.` ` systems shall be • ` -• to preventpublic health or hazards. (1) Slopes adjacent to a public street shall be maintained in a neat and clean manner, free of weeds and debris. Said slopes shall be watered manually or by way of an automatic Imo. !system..". shall be neatly trimmed andshall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Walls, fences andlor slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant 1 Section 22.34.070. Current: hazards.(d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions so as not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety Recommended Amendment: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, tree shrubs, or other plant material, and shall be permanently maintained in a neat and order manner and substantially free of weeds, debris and dead, diseased or dying vegetation an broken or defective decorative elements of the landscaped area. Foliage in landscape areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to mainta 11 healthy growing conditions so -a -s and not tG-detract from the appearance at the immediat neighborhood. Irrigation systems shall be maintained to prevent public health or safe hazards, Slopes. to r public r. slopeencroach into the public right-of-way. L�rosion control methods shall be utilized to maintain _nces andlor slope plant material shall be maintained in a manner that fir, not detract •.._ the appearance of the immediate neighborhood. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to Section4 , .._ Current: (5) Temporary signs placed upon pubic property. The following provisions shall control the placement or proposed placement of signs on public property. a. No signs shall project over any public walkway, alley, street or public property except as may be expressly permitted pursuant to this section. On private property, in any outdoor area open to the public, no portion of any sign attached to the building and extending below a height of seven feet above ground level shall project more than six inches from the face of the building. If. • other than those• i for or • a,_e to law, shall be place0—A located or maintained upon any center median of any street, highway or oth'". improvement ... •.• for utilization by vehicular traffic. C. No sign may be placed, located or maintained in, on or over any public r parkway, alley, street or any other public property which interferes with t • • maintenance • ^•'` or of facility therein or . .• • • • • ^• • w • •r • • or irrigation r No sign shall be affixed to any treesor other plant materials located in any public walkway, parkway, alley, street or any other public property - e. No signs placed on public property pursuant to this Code shall contain more than six square are feet of • area. Only one • advertising, • • displaying, • directing or attracting 1 a particular idea oreventshall be placed public on each side of any q e block. Forpurpose of •"block"rw portion of the street lying between the nearest two intersecting or intercepting streets. •Any signadvertising, • • displaying, • i • a • r • • or • • related e a'r.• • r'- event which is ..i occur..... on era certain date shall not be placed in the public right-of-way more than 30 days prior to that date and shall be removed •. later 0 days after the date. �� • .. ,� ice• � s _• y ,. (Repeals Paragraph (5) of -Section 22.36.050 referenced above and replaces it with language in this section as referenced below.) (5) Election signs. Temporary signs pertaining to a local, State or national elections are permitted on private property subject to the following limitations: commercial a. Signs shall not exceed six square feet in residential zones and twelve square feet in N „t zones; i If freestanding i. the ground, signs not be ore five feet in height; C. If mounted on a building, signs shall not project more than two feet from the building; d. Signs shall not be erected on utility poles, traffic signals, traffic signs, meters, tree wells, trees or other living things; Signs. 1• erected only front y,d but be erected in y i yard of I -lots; Signs shall be erected no more than sixty days prior to the election to which they relate, and must be removed within ten days after the election; g. Signs shall not be erected without the permission of the property owner or lessee in control of the premises. Current: (22). Signs on public property or projecting within the public -right -of way, except political signs and signs with an encroachment permit issued by the city; Recommended Amendment: (22) Signs in the public right-of-way, except official traffic control, directional and identification signs erected by the City or another governmental agency with jurisdiction. Chapter 22.33 ® Tree Preservation and Protection Section 22.33.010. Purpose. Current: General Plan, as the overall policy document for the City, requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow, naturalized California Pepper . • significant trees of * or historicalpurpose i` this Chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement. General Plan, as the overall policy document for the City, requires the preservation and maintenance of native trees including oak, walnut,sycamore,i a P-appef a -Rd significant trees of cultural or historical value and pepper trees where appropriate. The purpose of this Chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement. Current: A. A protected of the following: 1 Native oak, walnut, sycamore, willow, and naturalized California Pepper trees with DBH of eight inches or greater; I A. A protected tree is any of the following: 1 Native oak, walnut, sycamore and willow trees with a DBH of eight inches or greater; pepper trees with a DBH of eight. inches or greater where appropriate; i,i i rranf- (8) Native oak, walnut, sycamore, willow, or naturalized Native California pepper trees located upon a lot 1/2 acre or less are exempted from these regulations. Recommended Amendment: (8) Native oak, walnut, sycamore, willow, or pepper trees located upon a lot 1/2 acre or less are exempted from these regulations. Chapter 22.42 - Standards for Specific Land Uses. Section 22.42.110. Residential accessory uses and structures. Current: Table 3-15 — (Setbacks for a tennis court and guest house is not specified.) Recommended Amendment: Add the following to existing Table 3-15: 0 TABLE 3-15 �%EQUIIRED SETBACKS - ACCESSORY USES AND STRUCTURES _.. � is _ :� '��i � �'. `' �: ,��- • ii i, u � '— =AccessorStructure Type of Setback' Re aired SetbacO Tennis Court Sides, rear' Street side Front 10 feet As required for main structure As re uired for main structure Tennis Court Sides, rea Street side Front 10 feet As required for main structure As re uired for main structure Guest house Sides, rear? Street side As required for main structure As re uired for main structure Accessory structure Type of setback' Required Setbacka Tennis Court Sides, rear' Street side Front 10 feet As required for main structure As re uired for main structure Current: Parcel coverage. The guest houses, along with the main dwelling and any oth accessory structures, shall not exceed an overall parcel coverage :"-. Recommended Amendment: Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage as required in the zoning districts specified in Table 2-4. Current: (7) Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball etc.) accessory to a residential use are subject to the following requirements: a. Fencing. Shall be subject to the height limits of chapter 22.20 (Fences, Walls, and Hedges); Recommended Amendment: courts(7) Tennis and other recreational courts. Noncommercial outdoor tennis courts and • other sports- • racquetball subject• the following requirements: 10 a. Fencing. Shall not exceed a maximum height of ten feet. When retaining walls/wall - utilized to create the tennis court • . maximumtotal height of • and togetherwall • =ter ten C tirrpnt- (Note: Generally accepted and practiced standard height for tennis court fencing is 10 feet American Institute of Architects, Architectural Graphic standard 10th Edition.) 1 Secondary housing i 11 1 1 MUM ! M-1 (1) Minor conditional use permit required. Secondary residential units may be allowed in the zoning districts specified in section1 1 1 (Residential district land uses and permit requirements) subject to the approval of a minor conditional use permit (chapter 22.56) in compliance,with this section. - applicant shall be - owner and resident •.. the main dwelling. (2) Number of units allowed. Only one secondary dwelling unit shall be allowed on a single- family parcel. (8) Site requirements. The parcel proposed for a second dwelling unit shall comply with all the following -• - - a. - parcel shall have a minimum area of / 111 square feet, a minimum widthof 1 feet,depth of 11 feet,and a minimum buildable pad _ of 11 square feet, exclusively for the secondary units; and b. The parcel shall be developed with only one existing owner -occupied single-family detached main dwelling (4) Location of secondary unit. A secondary dwelling unit may be within, attached to, or detached from the existing amain dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. (5) Design standards. A second dwelling unit shall: floora. Have a - not --• • 30 percent of existingIi• of the main dwelling • -• • 01 • - -._ to - • - for detached b. Be architecturally compatible with the main dwelling units; C. Comply with heightened setback requirements for the main dwelling; d. Contain separate kitchen and bathroom facilities and have a separate entrance from the main dwelling. 11 space(6) Parking. The secondary dwelling unit shall be provided one covered off-street parking *• or garage, Requiredcompliance with chapter 22.30 (Off -Street Parking and Loading Standards). (7) Rental of units. A secondary dwelling unit may be rented, although rental is not required, approval. The following findings shall be made, in addition to thost in section 22.56.040 (Findings and decision), to approve a minor conditional use permit for r • • dwelling a. The secondary dwelling unit is compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of scale, exterior treatment, height, setbacks and landscaping, and'will not cause excessive noise, traffic or other disturbances to the existing residential neighborhood, or result in significantly adverse effects on public services and resources; and b. The secondary dwelling unit will not contribute to a high concentration of these two units sufficient to change the character of the surrounding residential neighborhood. residences(9) Second kitchens shall be permitted within the rural residential (RR) zone in single-family R of • r01 square feet in floorarea. A second kitchen shalL not constitute approval of second unit and such kitchen shall not be so located as to facilitate the establishment of - • • independent dwelling including a servant's quarters. Recommended Amendment: This section provides standards for the establishment of secondary residential units. (1) Secondary residential units may be allowed in the zoning districts specified in Section 22.03.030 (Residential district land uses and permit requirements) subject to the approval of the Director 22.56) '" Gem"''a-Ra—w4 this�dr . The applicant shall be the owner and resident of the main dwelling. (2) Number of units allowed. Only one secondary dwelling unit shall be allowed on a single- family parcel. (3) Site requirements. The parcel proposed for a second dwelling unit shall comply with all the following requirements: feet,a. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 -• of 00 feet,and a minimum buildable p.• size of :.11 square secondaryfeet, exclusively for the and • The parcel developed with only • - existing owner -occupied single-family detached main dwelling (4) Location of secondary unit. A secondary dwelling unit may be within, attached to, or 12 detached from the existing main dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. a. Have a floor area not exceeding 30 percent of the existing living area of the main dwelling for an attached or 1,200 square feet to the floor unit; I b. Be architecturally compatible with the main dwelling units; C. Comply with heightened setbackrequirements dwelling; d. Contain separate kitchen and bathroom facilities and have a separate entrance from the main dwelling. (6) Parking. The secondary dwelling unit shall Jae provide one covered off-street parking space in a carport or garage, in addition to that required parking for the main dwelling unit, in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). \1 7) Rental of units. A secondary dwelling unit may be rented, although rental is not required. (8) Compatibility. The secondary dwelling unit shall be compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of scale, exterior treatment, height, setbacks and landscaping and shall not sufficiently change the character of the surrounding residential neighborhood. 2 X M.72,11 Noy MYA WOWOZ / Second .. - • - permitted within - the _ Rural Residential -.•_... RR) zone in single-family residences- are a minimum of • 000 square feet in floorarea. _ • • kitchen shall quarters.not constitute approval of the -a second unit and such kitchen shall not be so located as to facilitate the establishment of the second independent dwelling including a servant's 13 K Section. 22.42.130. Radio and television antenna and wireless telecomrnunicationc- antenna Current: f) Conditionpermit._ _ telecommunications antenna facilities other than those meeting the criteria for an administrative review use permit specified above must be authorized by a conditional use permit. These facilities may be located in any zone, provided that the facility is in compliance with the following requireme.. a. Narrative. The applicant must provide a written Ir facilitytive describing Why the •ice-. not .,r` the criteria for an administrative review maintained conditional use permit. b. Development standards. The facility will be located, constructed, ant set forth below paragraph standards). �. • ••i . • • . i • . .•`� • • Conditional u- permit. All wireless telecommunications other those meeting the criteria foradministrative reviewapproval or i' conditional permituse . .• .••.• must be • +• by . conditional use permit. facilities may be located in the OP, OB,CO, I 1, zoning districts, 1 as identified on . city telecommunications., opportunities i . These facilities may • ' located in residential• • districts but on properties that do not contain residential structures (i.e., church properties, schools, water tanks or similar I+facilities)z-G.. provided that the facility is in compliance with the following requirements: a. Narrative. The applicant must provide a written narrative describing why the facility does not meet the criteria for an administrative review or minor conditional use permit. Is. Development 1 •. •facility be • e• constructed, . • forthmaintained in accordance with all applicable development standards that are set belowparagraph •• • i= C. Wireless telecommunications antenna facilities located on a church property, school, water tank or similar type facilities in residential .coning districts shall be limited to one wireless telecommunications antenna facility. M Current: setback(a) Building envelope exemptions. A structure shall not be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., height, or -•_. -identified in article V (Zoning Districts and Allowable Lr .i (a) Building envelope exeR4ptmm. A structure shall 449t be deemed nonconforming if the structure fails to conf orm to the building envelope regulations (e.g., lot coverage, height, or setback requirements) identified in Article fl, TABLE 2-4, RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS, TABLE 2- 7, COMMERCIAUINDUSTRIAL RESIDENTIAL DISTRICTi DEVELOPMENTSTANDARDS A SETBACKS USES AND STRUCTURES. The Staff believes that approving Developmentstructures within the City. Staff feels that the standards set forth in the recommended amendment is in keeping with the purpose and intent of the Development Code, will protect and maintain property values and will better assist the residence and development community. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070 • - of - California Code Of -• • • guidelines promulgated - . •e . City has determined that a Negative Declaration is required for the Development Code Amendment 2003-01. Negative Declaration No. 2003-01 has been prepared. The Negative Declaration reviewperiod began April: 2003 and ended May 7, 2003. Notice• project was the Inland Valley BulletinGabriel Tribune on April 18, 2003. Pursuant to Planning and Zoning Law Government Code Section • 1• the number of property owners to whom r public hearing notice wouldbe mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at one -eight •.•- in at least • newspaperof general circulation.The City placed a one - eight Furthermore, • • notices - posted in nine public placesr •Coast Air Quality Management• • BarLibrary,•untry Hills Town Center• Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 15 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on April 18,2003. I Staff recommends that the Planning Commission approve Negative Declaration No. 2003-01 and adopt a resolution recommending approval of Development Code Amendment No. 2003-01 to the City Council. 1-40 Ani J. Lunge, Associate Manner Attachment: W. California• " Quality 4. Notice of Intent to Adopt Negative Declaration City of Diamond Bar Community & Development Services Department Planning Division 21825 E. Copley Drive Diamond Bar, California 91765 (909) 839-7030 (909)861-3117 Fax www.CitvofDiamondBar.com Notice is hereby given that the City of Diamond Bar Community and Development Services Department, Planning Division has completed an Initial Study for Development Code Amendment 2003-01 for the City of Diamond Bar (Citywide), County of Los Angeles. The proposed amendment relates to tree preservation, tennis court fencing. setback regulations for residential accessory structures, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units, and restrictions on non -conforming structures. The Initial Study was completed in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the proposed Development Code Amendment may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared Negative Declaration No. 2003-01. The Initial Study reflects the independent judgement of the City. The project site is is not 0 on a list compiled pursuant to Government Code section 65962.5. Copies of the Initial Study and Negative Declaration are on file and available for public review at: City of Diamond Bar Community and Development_ Services Department/Planning Division 21825 E. Copley Drive Diamond Bar, California 91765 (909)839-7030 The review period begins April 18, 2003. Comments will be received until May 7, 2003. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on May 13, 2003 at 7:00 PM, the Planning Commission will consider the Development Code Amendment No. 2003-01 and Negative Declaration No. 2003-01. If the Planning Commission finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the Planning Commission may proceed to consider the project without the preparation of an Environmental Impact Report. Ann J. Lunau Associate Planner March 20 2003 Prepared by Title Date a,t, �l - Si t nature Date received for filing and posting Los Angeles County Clerk's Office Environmental Filing 12400 E. Imperial Highway, Room 1101 Norwalk, California 90650 El Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, California 95814 Negative Declaration City ofDiamond Bar Community & Development Services Department Planning Division u/:zus.Copley Drive Diamond Bar, California v}7os (909)839-7030 (voy)om-x|nFax °wn.otvvuDinmoouoar.cmm 44P To: Z Los Angeles County Clerk's Office El Office of Planning and Research Environmental Filing 1400 Tenth Street, Room 121 12400 E. Imperial Highway, Room 1101 Sacramento, California 95814 Norwalk, California 90650 Project Title and File No.: Development Code Amendment No. 2003-01 Project Location: City of Diamond Bar, CA 91765 (Los Angeles County) Project Description: Development Code Amendment for specified sections of the City of Diamond Bar's Development Code as referenced in the attached Negative Declaration No. 2OU3-81. Project Sponsor: City CfDiamond Bar, Community and Development Services Department/ Planning Division, 21825E.Copley Drive, Diamond Bar, Cu91785 This is to advise that the City of Diamond Bar, acting as the lead agency. has conducted an |nibu| Study to determine if the project mayhaveaaignifioant effect onthe environment and ieproposing this Negative Declaration based onthe following finding: Z The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. Fl The Initial Study identified potentially significant effects but: /1\ Revisions inthe project p|ensorpnmpoma|umadaoragnaeUbubytheepp|ioantbefonathio proposed Negative Deo|end)on was released for public review would avoid the effects or mitigate the effects tua point where clearly nosignificant effects would occur, and (2) There ianosubstantial evidence before the agency that the project aorovieedmayhave aeignificant effect onthe environment. The Planning Commission hereby finds that the Negative Declaration reflects its independent judgement. A copy of the Initial Study, and any applicable mitigation nneaouren, and any other material which constitute the record of proceedings upon which the City based its decision to adopt this Negative Declaration may bmobtained at: City of Diamond Bar Community and Development Services Department/Planning Division 21M25ECopley Drive Diamond Bar, CAH1765 (909) 839-7030 rhe public is invited to comment on the proposed Negative Declaration during the review period, which begins April 18, 2003 and ends May 7, 2003 El Los Angeles County Clerk's Office Date received for filing and posting qtr , F "110-0 , s In City of Diamond Bar 21825 E. Copley Drive Diamond Bar, County of Los Angeles, CA 91765 M.-'ia.i1z1Z�IC] UN - lk AFORM 1W s ' $ a : pity.Project r: i --iDevelopment Code Amendment No. 2003-01 2. Project Address:. Citywide 3. Applicant: City of Diamond Bar Address: 21525 E. Copley Drive City/State/Zip: Diamond Bar, CA 91765 Phone: () 839-7030 Fax: () 861-3117 4. PropertyOwner: N/A Address: N/A (Citywide) City/State/Zip: /A' hone® =N/A Fax: N/A 5. Lead A envy® . _ City of Diamond Bar Contact: James DeStefano, Deputy CityManager/Ann J. Lungu, Associate Planner Address: 218Z5;.E. gpple_yrive City/State/tip:, .,-..Diamond Bar, CA 91765 Phone: (909) 839-7030 Fax:. 6. General Plan Designation: General. Co ercial(C), Rural Residential ), Low Density Residential -)® LowMedium Residential ), Medium Density Residential (RM), Medium -High Density Residential ), High Density Residential ) and Light Industrial (I). Residential7. Zoning: Neighborhood: Commercial (C-1), Community Commercial (C-2), Regional Commercial (C-3), Rural Residential (RR) Low Density Residential Medium !d (RM), Medium High Density High Density Residential (RH), Office Professional (OP), Office Business Park (OB) and Light Industrial .8. Description, oscribe the whole action involved,: including but: not limited to - later phases of the project, -and -any:secondary, support, or off-site featuresT neces , sary for ,its implementation., Attach additional sheetsH-necessary).- �M pity s f®ho es ---And ectio&'-dr, qtth&` e '0:r­9�j66 Invio"IV-466i"a mi'di'n(Im"g, Development ee Article HE Section 22. 38.010. Tree Preservation. Purpose. This amendment relates to the preservation of naturalized California pepper trees; --- Section 22.38.060. Exemptions. This amendment relates to the preservation of naturalized California pepper trees; of walls and fences on a reverse corner lot; Section 22.42.110. Table 3-5, Required Setbacks — Accessory Uses and Stmetures. This amendment relates to setbacks for a tennis court and guest house; Section 22.42.110. Residential Accessory Uses and Structures. This amendment relates to the height of fencing for a tennis court; Section 22.34.030. Single -Family Standards.- This amendment relates to landscape maintenance standards on slopes; Section 22.42® Multi - Family Standards. This amendment relates to landscape maintenance standards on slopes; Section 22.34.050. Commercial Standards. This amendment relates to landscape maintenance standards on slopes; Section 22.34.060. Industrial Standards. - This amendment relates to landscape maintenance standards on slopes; Section 22.30.080. Driveways and Site Access. This amendment relates to driveway width and total area of hArdscape in the front yard of a single-family use; Section 22.36.050. Exemptions from Sign Permits. Thi's amendment relates to the placement and size of election signs and signs in the public right-of-way; 9 . e - Section 2. . . Prohibited Signs. This amendment relates to a placement of -signs in the public right-of-way; Section 22.42.060. Guest Houses. This amendment relates to parcel coverage; Sec do ° ale °ion to ®e 1 o u °® dons Antenna Facilities- This amendment relates to the number of teleco uni® catio - facilities , low 'bn - sh le parcel; Section 22.42.12. Secondary HousingThis amendment relates to changing the current Minor Conditional -Use Pe °t process to a ministerial review process to comply with Government C e 65852.2; and Articke V. _ Section 22.68.03k ROstflctiobs,bnNon-;Conforming St ctur . This amendment relates to when a structure s a deemed non -conforming; The City's Development ! oadopted on November and became on December err The. Development Code embodies c onand the oc-d" and requirements.for development applications while implementing the goals, policies, and strategies of the Diamond Par General, Plan.�',. After implementing the Development Code since December1998, the City is aware that certain areas of the Development Code require amending to suit the development needs of Diamond Bar. 9. Surrounding. .r 1 ! x 1' 1. I€ ! , The, .' f 1 `l:1: e 1 . Code's proposed amendments wouldapply,one basis�;_­­V­ 10. Other-public 5:.'.:4 -fie whose -approval is re! e 4 (e.g.,permits, approval,1- participation agreement):- No other public agency approvals are requir ed. 11. List City �"s !" Diamond 1 ! aapplications1 . this that must ' processed simultaneously: No other ty of Diamond Bar related applications are ra d 12. List prior projects fort this parcel: clone. 3 990 RESEDA BURBANK- . : _ :,;..gem TARZANA ENCINO SHERMAN Ila- MADRE 'A OAKS CLAREMONT s COVINA LAVEIUIE UPLAND fl MR Y 909 90 NIONTCLAIR i0 HOLLYWOOD t LjLP 10 WALNUT as M A ICA CULdER CITY � . CHINO �-;6®i• 19e { is N®A DEL Y 79 WHITTIER 10 LOSANGRE ING LY ® DOWNEY AFE a ® P t9 aM) EL SEGUNUO 1 so N 4 VORBA LINDA NA i C n 01 ®9 ®9 _. CORONA PACIFIC LONG EEAC� NAHE IM OCEAN T NCE PARK 190 00 - I S 70 LONG BEACH LOS GRANE PALOS 907 VERUES WEE INSTER 22 STIR al SAN A sat PEURO �BEACH P 8a9 (�d N 987 BEACH Ojaw4mNPV COSTA °WMT _ E AA ® CI �0 RCMOBION' 1 OCEAN 73 { VE" to DIAMOND BAR LAGUNA LAGUNA AREA FREEWAY MAP BEACH NIGUEL 9 { COPYRIGHT 0 2002 by Map Masters, San DiGgo Co., CA (859) &7700' �--• Publisher's Remosentatmes. Hal Ffeetwid & SlWly MorbalO DANA WAMUND --- op WAVE HKMAVS mffi >ell .•�.�1'.r � . -�I � ✓ •�� Ate` DIAMOND BAR ol • ® �.r ra t � • E 3 • sV - dKw, s A 3tx r Y -s o-•�.•- caN' b M • ' l e , - ..'4 •• � of � �� - _ , r� O ' ' �� ®n ���� Sof`+ (creta w�� •. - - kc a a � - - .. ` r ® sr wo f .. ENVANMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially i °fa t pact" as indicated y the checklist on the following pages. 1. Land Use and Planmng 9. Hazards 2. :Popalationandflousing 10. Noise 3. - Geologic Probl. ' 11. Public Services . Water _ .._. _ __. 1. Utilities & Service Systems 5._ Air I ity 1. Aesthetics . Transportation/ Circulation = _:.: Resources 7. Biological Resources 15. Recreation g. Energy & Mineral_ . 1. Mandatory Findings Resources of Significance 4 DETERM(INATION Project Number: DCA No. 2003-01 V110 -ITT �110 I � -W -07' "' , -fr1mo-94-7107r. r, is -V rm X1,"vLV&Wr, Iwc a NEGATIVE DECLARATION will be prepared. --y", will not be a significant effect in this case because the MMGATION MEASURES described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be Ivrepared. I find that the proposed project MAY have significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation 'measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Ann J. 1,q1 Associate Planner 0 PART.4- EVALUATION OF ENVIRONMENTAL IWACTS 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites -in the parentheses following each question... A".No Impact" answer is, adequately supported if the referenced 'th idbrinAdn: sources a im I "d not ` A�Oly t®'projects like e one psimp y � oes involved (e.g. the project falls outside a fault rapture zone). A "No Impact" answer should be explained where -itis,,boodkon:project-specific factors as well as general standards (e.g. the proj&t Will not expose sensitive receptors to pollutants, based on a project -specific screening analysis` - 2. All answers must-tAke aF ;of th&'Whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts., 3. "Potentially Significant Impict" is'. appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where theincorporatiiii .--s, of mitigation measures has reduced an afferlt 1-rom "Potentially Significant Impact" to a "Less than Significant Impact.",.The lead agency must described the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysesmay be cross-referenced). 5. Earlier analyses may be used where,.pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately -analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlieranalyses are discussed in Section SVH at the end of the checklist. f. Lead agencies arcremourated -to, ineatporate Into the checklist references to information sA urces for potential impact (e.g.o;genera l )lans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attiched, and other sources used or individuals contacted should be cited in the discussion. Ell �: a �� � �� � �� i i, "i "� • �v al's„.:' •�' �: 4 .�• d.__ � lii, i ”` V � �,5,r � ,;l�; � _,� ��� ?,! �' �n �.m � � � .. ':� wS it s i t x .i i u�`�_� it a� �_�. .��.a� �f ��:.� a �"� is �: ._� � -, ,. _. ._' R,_ �• � w ft` n�� ��� � � � _. �_. . -. ,. _ ♦♦ _ .. r r r r r- I i_ �:� .:.:. l �� .. r. .,._ .. .. .- r ... r�_ '_ .. .�., l.. -a l' Existing Conditions: a.- c., The proposed Development Code Amendment is not related to and will not displace a substantial number of people, thereby necessitating the construction of replacement housing elsewhere. The amendment will not induce growth or displace existing housing. The amendment is related to tree protection, tennis court fencing, setbac k regulations for residential accessory structures, setback regulations for walls and fences on a reverse comer lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant �-Signfflcant Significant Impact Impact Unless Impact Mitigation - Ila POWER$ Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Source #s: General Plan, Land Use Elementwd Housing Element; Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Source #s: General Plan, Land Use Element and Housinq Element; Displace substantial numbers of existing housing, necessitating the construction of replacement h6using elsewhere? Sources #s - General Plan, Land Use Element and Housing Element; Existing Conditions: a.- c., The proposed Development Code Amendment is not related to and will not displace a substantial number of people, thereby necessitating the construction of replacement housing elsewhere. The amendment will not induce growth or displace existing housing. The amendment is related to tree protection, tennis court fencing, setbac k regulations for residential accessory structures, setback regulations for walls and fences on a reverse comer lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial review for second units and restrictions on non -conforming structures. No Impact Expose peoplaor structures to, -,potentiali sub including the risk- of 'loss ' injury, or dea&4hvo ,.e Plan,Public e n pde` General i) Rupture " a knownR w delineated onto most recent i R Earthquake Fault Zoningr issued by the State Geologist for the area or based on other substantial evidence of a known.. Refer to Divisions of " Geology Publications Public Health and qa�ment; .i Rseismicground Strong.shaking? ,R„ Plan, Public .HealthandSafety Element; iii) Seismic -related ground failure, including liquefaction? Source #s: General Plan, Public HealthElement; Landslides? Source " ..r Plan, Public Health and Safety Element; Result in substantial soil -erosion or tha loss oftop soil? Source 4s- ',' Publicand Be located on a geologic unit or soil that is S 1C L would become unstable as a result of the project, and potentially result in on/or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Source #s: General Plan, Public Health and Safety El ement; Be located on expansive soil, as defined in Table 18-1 -13 of the Uniform Building Code (1994), creating substantial risks of life or property? Source #s: General Plan, Public Health and Safety Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not availablefor thedisposalof waste water7Source Plan, Public HealthR. Safety Existing Conditions: a. ® e. The proposed Development Code ndment is not related to geology or,solls within the..City, and will,not have an impact b r..,. ;i„ ENVIRONMENTAI ISSUES Potentially Potentially -Loss Than No Significan Significant Significant Impact Impact �Unless Impact Mitigation-. 62 Violate any water quality. standard requirements?. &urce #s, Gen Element; lt� IRT1 k for which permits have been granted)? Source #s General Plan, Public Health and Safety Element; Substantially alter the existing drainage pattern of the sfte-o—r area—, including through the alterationof the courseof the stream orAver, and a manner which would result in substantial erosion in or siltation on/or off-site? Source #s: General Plam, ftblic Health and Safety Element; Substantially alter the existing drainage-pattem of1he site or -area, including through the alteration of the course of the stream or-niver, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on/broff-siteT.Source #s: Ge.neral Plan, Public Health and Safety Element; . Create or contribute runoff water which would exceed- the capacity of existing or planned storm water drainage systems or provide - . substantial additional sources of polluted runoff? Source #s: General Plan, Public Health and Safety Element; Otherwise substantially degrade water quality? Source #s: General Plan, Public Health and Safety Element; Place housing within a 1 00;.year flood hazard area has mapped on the Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard to delineation map? Source #s: General Plan, Public Health and Safety Element; 5R. I Tit a. -g. The proposed Development Code Amendment is not related to a construction project and as such will not e fect transportation/traffic within the City and will not have an impact on how projects are processed with respect o transportation/traffic issues. The amendment is related to tree protection, tennis court fencing, setback regu ations for residential accessory structures, setback regulations for walls and fences on a reverse comer lot, slope maintenance in zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of I ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant -Significant- SignificanU - Impact Impact Unless Impact Mitigation Incorporated MENEM= a. Cause increase in traffic which is substantial in relation to the existing traffic load capacity of the street system (i.e. result in substantial increase in either the of vehicle trips, the volume X to capacity ratio on roads, or congestion at intersections) Source #s: General Plan, Circulation Element; b. Substantially increase hazards due to design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? Source #s: General Plan, General Plan, Circulation X Element; C. Result in a change in air traffic patterns, including either in increase in traffic levels or at change in location and result in substantial X safety risks? Source #s: General Plan, General Plan, Circulation Element; d. Inadequate parking capacity? Source #s: General Plan, General Plan, Circulation Element; X e. Exceeding, either individually or cumulatively, a level of -service standard established by the county congestion management agency for designated roads and highways? Source #s: General Plan, Circulation Element; X f. Result in inadequate emergency access? Source #s: General Plan, Circulation Element; g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Source #s: General Plan, Circulation Element; X Existing Conditions: a. -g. The proposed Development Code Amendment is not related to a construction project and as such will not e fect transportation/traffic within the City and will not have an impact on how projects are processed with respect o transportation/traffic issues. The amendment is related to tree protection, tennis court fencing, setback regu ations for residential accessory structures, setback regulations for walls and fences on a reverse comer lot, slope maintenance in zoning districts, residential driveway width, election signs and signs in the public right-of-way, number of I " 11 11 ;q'i 1111111 1 pillillillill I I I I 1 1111111111 1 1. p:pfliq Emmi i; -T� lm�vjlll 1; L--VZMZU-OZ= a. -b. The proposed Development Code Amendment is not related to mineral resources and as such will not effect mineral resources within the City and will not have an impact on how projects are processed with respect to mineral resources issues. Additionally, according to the City's Resource Elemen»`,», ineral deposits of statewide or regional importance exist in the City of Diamond Bar. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse comer lot, slope maintenance in all zoning districts, residential driveway width, election signs and signs in the public right-of-way, number' of telecommunications facties on a parcel, lot coverage for a guest house, ministerial review -for second units and restrictions on non -conforming structures. ENVIRONMENTAL ;; Potentially Significantµ Impact Unless : Mitigation 00 Create a significant hazard to the public or the environment through the routine transport, use., or disposal of hazardous material? SourceGeneral Publicl4with and Safety Create _, significant hazard to ,., Mme` p u b*. & the,,,.e vironmentthrough, h -- - - - -- foreseeable upset and accident conditions involving the releasereasonably hazardous into the environment? Source PublicGeneral Plan, - andSafety Element; Emit hazardous emissions or handle hazardous or actively hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Source #s: General Plan, Public Health and Safety Element; Walnut Valley Unified School District; Pomona Unified School District; City of Diamond Bar House Numbering M Be located on a site which is includie—doft a1i6t of hazardous" materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or iPlan,, 1 Safety For project located within an airport land use,plan or -where such plan has not been adopted, within two miles the pubiic airport or public use airport, with the project result in the safety hazard for people residing or working in the project.area? Source #s.General Plan, Public Health • Safety Elements • Land Use Element; aT 1J rq 0 4 1-kAM R1 111610-1 DURVINE Impair implementation of or physically interfere with an adopted--- emergency.resource plan for emergency evacuation Plan? Source #s: deneral Plan, Public Health and SafQty Element - Expose people.orstru,ct.urqao-4,-s,ignificant riskof loss, injuryor death involvih g;wildland fires, JncItkdIng where wildlands are adjacent to urbanized areas 9--"wh-- _6 qrqfi�, nces are intermixed with wildlands? SO'Utbes #s., deneral Plan, Public Health and Safety Element aT 1J rq 0 4 1-kAM R1 111610-1 DURVINE Potenti ally Potentially Less Than Significant Significant SignificantImpact - f, Unless Impact Mitigation Exposure persons toorgeneration standards established in the local general plan or noise rdin � or applicable standards of other agencies; or exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? Source ,fHealth and Safety A substantial permanent increase or temporary or periodic in ambient noise levels in'the project vicinity above levels existing without the project. Source #s: General Safety Element; A substantial permanent increase in ambient noise levels in the project i without` the project? S General Plan, Public Health • Safety Element; A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Source #sX.-, General Plan, Public •r project locatedwithin a... airport •useplan o. where such - plan has not been adopted, within two miles of the public airport or publi ' c use airport, with the project expose people residing or working in the project area to excess of noise levels? Source #s: General Plan, Public Health and Safety Element, For project within the vicinity of private airstrip, with the project expose peopleresiding o, '. „.g .. project noise levels? Source #s: General Plan, Public Health • Safety Existing Conditions: a.4. proposed Development Code Amendment ,•,...rr related to noise ....rm. `o.. projects are processed 90, 1 If #111MRNM M10 IM77 M3,17IT-0, &UNTAI t7Z M, I ---------- - ------ PO nfia tb Ily Potentially Less Than Significant Significant Significant -impact Unless Impact gation; pjvgil IR Exceed water waste treatment requirements of the applicable Regional Water Quality Control Board? Source #s: General Plan, Resource Management ElemenP, or result in the constructiio—nof 66w"'wa-ti—ror-w—aste- water -------- treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Source #s: General Plan, Resource Management Element; Require or result in the construction of new storm water drain facilities or expansion of existing facilities, the construction of which could cost significant environmental effects? Source #s: General Plan, Resource Management Element; Have sufficient water supplies available to serve the project from existing entitlements and resources, or are newer expected entitlements needed? Source #s: General Plan, Resource Management Element; Result in a determination by the wastewatei treatment provider, which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the provider's existing commitments? Source #s: General Plan, Resource Management Element; Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Source #s: General Plan Resource Management Element; Comply with federal, state, and loca st-atute-s'-and regulations related to solid waste? Source #s: General Plan, Resource Management Element; 90, 1 If #111MRNM M10 IM77 M3,17IT-0, &UNTAI t7Z M, I right-of-way, number of telecommunications facilities on a parcel, lot coverage for a guest house, ministerial -review for second units and restrictions on non -conforming structures. continue to provide safe pu * blic right-of-way facilities for drivers and pedestrian by avoiding unnecessary distractions by signs other than those related to the movement of traffic in the public right-of-way. It is not expect thatihm.proposed amendment will substantially damage scenic resources, scenic vistas or -the. visual character quality of surrounding sites. It is expect that the proposed amendment will improve the visual character quality within the City of Diamond Bar, V, YVI V 115 ENVIRONMENTAL ISSUESignificant Significant S Impact Mitigation i f o; '' ; ',' d ,'„rte . .. "" ,..'�. IM �.-� err'.=--=-"- rw— , r;,.r"s- ✓rr ,w;-. - P-'-3- ,.... � r ��4 Directly or indirectly- destroy a unique paleontological resource or site or unique geologic features? Source #s-, General Plan,2 Resource Cause a substantial adverse change in the significanceof an formalarchaeological resource pursuant to 150645. -Source ft General Plan, Resource Management Element; Directly or indirectly destroy a unique paleontological resource or site or unique geological feature Source #s: General Plan, Resource Management Element; Disturb any human remains, including those interred outside of cemeteries? Source General Management Element; � ft " I a. -b. The proposed Development Code Amendment is not related to recreation and as such will not effect recreational facilities within the City of Diamond Bar. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse comer lot, slope maintenance in all zoning districts, residential -.driveway width, alection signs;, and z.,signs. -ini..-the-:­public right-of-way,,-inumber of telecommunications facilities on a parcel, lotcoverage fora guest house, ministerial reviewfor second units and, restrictions on non -conforming I IJ 1 , i 1 2;..' T : ,- _%� '; ­J� -, ENVIRONMENTAL ISSUES ENV' R6 Le ss.Than. Significant Impact .-.% wo-s'!, Increase the demand -use,lof. existing neighborhood qnd1?,regiojqA(_ arks ,that substantial; p parks or, other recreational facilitiessuqh deterioration of the facility would= ur orbe-accelerateffl: Source #s: General Plan, Resource ManagementElement, Include recreational facilities or require -the construction or— expansion of recreational facilities, which -might have an adverse physical effect on the environment? Source #s: General Plan, Resource Management Element; I a. -b. The proposed Development Code Amendment is not related to recreation and as such will not effect recreational facilities within the City of Diamond Bar. The amendment is related to tree protection, tennis court fencing, setback regulations for residential accessory structures, setback regulations for walls and fences on a reverse comer lot, slope maintenance in all zoning districts, residential -.driveway width, alection signs;, and z.,signs. -ini..-the-:­public right-of-way,,-inumber of telecommunications facilities on a parcel, lotcoverage fora guest house, ministerial reviewfor second units and, restrictions on non -conforming I IJ 1 , i 1 2;..' T : ,- _%� '; ­J� -, a. Due to the information presented above in this document, it is anticipated that the proposed Development Code Amendme will not have the potential to degrade the quality of the environment, substantially reduce the habitat of Fish or wildlife species, cause fish or wildlife population to drop below self-sustaining level, threatened to eliminate a plant or animal community, reduce the number or restrict the range of rare endangered plant or animal or eliminate important examples of major periods of California history or .f „may b. Due to the information presented above in this document, it is anticipated that the proposed Development Code Amendment will not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals. C. Due to the information presented above in this document, it is anticipated that the proposed Development Code Amendment will not have environmental effects, which will cause substantial.as adverse effects on human beings, either directly or indirectly. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant -Significant Impact Unless I Impact Mitigation Incorporated species, cause a fish or wildlife. -population to drop below self sustaining level, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history'? _766esthe project have the potential to achieve short-term, �o the -------- disadvantage of long-term, environmental goals? Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? a. Due to the information presented above in this document, it is anticipated that the proposed Development Code Amendme will not have the potential to degrade the quality of the environment, substantially reduce the habitat of Fish or wildlife species, cause fish or wildlife population to drop below self-sustaining level, threatened to eliminate a plant or animal community, reduce the number or restrict the range of rare endangered plant or animal or eliminate important examples of major periods of California history or .f „may b. Due to the information presented above in this document, it is anticipated that the proposed Development Code Amendment will not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals. C. Due to the information presented above in this document, it is anticipated that the proposed Development Code Amendment will not have environmental effects, which will cause substantial.as adverse effects on human beings, either directly or indirectly. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2003-01 and HereinafterResolution, - Negative subject Development i•e Amendment an• Negative Declaration shall be -•i as the "Application." General2. The Community and Development Services Department has determined that the following existing development standards within the Development Code requires modification in order to implement the i comply SectionWEEM Chapter 22.16 — General Property Development Standards 1.1. Setback Regulations and Exceptions Section%Chapter 22.30 — Off -Street Parking and Loading Standards 11 and Site Access 22.34 — Property Maintenance Standards Section 22.34.030. Single -Family Standards SectionChapter 141 •. • Section22.34.050. • - • . • Section1.1 Industrial Standards Section.Chapter 22.36 — Sign Standards 1.1. Exemptions fr•, •, Permits ChapterSection. 22.36.080. Prohibited Signs Preservation . • Protection i, Section 22.38.010. Purpose. Section 22.38.0 ••- x1 1 Protected Trees Sectio •- .i - •n 22.38.030. Protected Trees Chapter 22.42 — Standards for Specific Land Uses Section 22.42.060. Guest Houses Section 22.42.110. Residential Accessory Uses and Structures and Table 3®15 Section 21 Secondary Housing Units Section 22.42.130. Radio and Television Antenna and Wireless Telecommunications Antenna Facilities NAT1751 M_ Chapter 22.68 — Nonconforming Uses, Structures and Parcels Section. 22.68.030. Restrictions on Nonconforming Structures 3. On April 18, 2003, notice for this project was published in the Inlanif Valley Bulletin and the San Gabriel Valley Tribune. Pursuant t# Planning . • Zoning ._a. Government••e Section 65091 hearingthe number of property owners to whom a public notice would be mailed -.. greater than 011 e local agency provide _.• ^' by placing a display advertisement of at least one -eight page in at leas) one newspaper of general circulation. The City placed a one -eight page display advertisement above mentioned newspapers of general circulation. Furthermore, on April 18, 2003, public notices were posted in nine public places (Cityp . Coast Air Quality Management • • Bar Library,i i enter Community Board, Vons/Sav-On CommunityBoard,Ralph'sshopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park). 2003, the Planning • . • • : - City of • • Bar conducted a duly noticed public hearing on the Application. 5. On May 13, 2002, the Planning Commission, after due consideration of public testimony,and the • • deliberations, heretodetermined that Development Code Amendment No. 2003-01 attached as Exhibit• - Strategies of - General The Planning Commission at that time concluded the public hearing. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of of • • Bar as follows: 2. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No.2003-01 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, • . • Section 15070. Furthermore, Negative K Declaration flo.2003-01 reflects the independent judgement of the City of • i 3. The " • Commission hereby specifically finds and determines forththat, having considered the record as a whole including the findings set below, and changes and alterations been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect o o•• - • • life resources or r habitat uponwildlifedepends. substantialBased upon by rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. A- Based on r findings and conclusions yr. • w. above, the Planniag Commission hereby recommends that the City Council adop) Development •• Amendment Ni 00attached hereto as Exhibit "A" and incorporated herein by reference. - o • Forthwith transmit r certified copy of r.'• • to the City Council • , APPROVED AND ADOPTED THIS 13TH OF MAY 2003, BY THE PLANNING COMMISSION OF THE CITY DIAMOND , R. in Steve Tye, Chairman I, 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 13th day of May 2003, by the following vote: whm. AYES: NOES: ASSENT: ABSTAIN: 0 �^' 51 f Section 22.16.090. Setback reaulations and exceptions of Article 111, Title 22 of the City of Diamond Bar MunicipalCode is here by amended a. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding 3 e„ in height shall vehicularsetbacks as described in Table 2-4. The Director may reduce the required ten -foot setback to a minimum five feet for fences and walls on a reverse corner lot where a clear line of site is maintaine—i- for • pedestrian Section 22.30.080. - :" } A Article Diamond B. • •." is here by - •-• .o -r.1 s. (5) Driveway width and length, Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, exc-i- r • •. RI^ .moi Section 22 .34.030. • -. ." • Article - -. `- is Diamond Bar_Municipal_.Code : a amended to `.• as follows: _. area.(d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped shallbe • 'i groomed., 'i. pruned and adeq. i i as to maintain healthy growing conditions and not detract from the appearance • immediateneighborhood. Irrigation systems shall be cleanmaintained to prevent public health or safety hazards. (1) Slopes adjacent to a public street shall be maintained in a neat and manner, .w. of r.•s and debris. Said slopes shall be maintain watered manually or by way of an automatic irrigation system. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to i.• i and/or sli•' plant shall be maintained in a manner f does not detract•.. r appearance of the immediate neighborhood. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering welfare er r' i •^" w of . public and detrimental to surrounding • i shall • abated • r • ^ •22.34.070. f ' ' Section22.34.040. Multi -family standards of Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: Landscape r. ^ r. ^ Yards and setback areas be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance at immediate ". • ii ••d Irrigationshall be maintained ` • prevent public health or . hazards. Slopesadjacent r be maintained in a nea ._.iw • clean manner, free of weeds and debris. Said slopes shall be watered manually 1 by r of an automatic Plant w r.shall • .r trimmedneatly r • shall not•. • the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. fences ..^ and/or slope plant material be maintained in a manner •.•' i` • x • r '_. -o r•i^� • • w neighborhood. Failurei maintain said slopes in the manner the health, safety and general welfare of the public and detrimenta;1 Sectionto the surrounding community and shall be abated pursuant to 22.34.070. Sectionf istandardsis Article 111, Title 22 of the n ity of Diamond Bar Municipal Code is here by amended to read as follows: (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance at the immediate neighborhood Irrigation Slopesmaintained to prevent public health or safety hazards. :• automaticfree of weeds and debris. Said slopes shall be watered manually or by way of an •a • health,neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the • general welfareof the public and detrimental Sectionto the surrounding community and shall be abated pursuant to 4 MunicipalSection 22.34.060. Industrial standards of Article 111, Title 22 of the City of Diamond Bar ••- is here by •-• to read as • •. maintained,d) Landscape -maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently in a neat and orderly manner and substantially free of --• debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance at the immediate neighborhood Irrigation systems shall be maintained to prevent public health or - hazards. Slopes adjacent shall free of weeds and debris. Said slopes shall be watered manually or by way of an Plant material shall Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. +to maintainslopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental 4 + surrounding communityshall be abated pursuant to Section Section 22.36.050. Exemptions from sign permits of Article 111, Title 22 of the City of Diamond i. •al Code is hererepealed and rep=i. to read as follows: (5) Election signs. Temporary signs pertaining to a local, State or national elections are permitted on private property subject to the following limitatio,ts: Signs shall not exceed six square feet in residential zones and twelve square feet in commercial and industrial zones; b. If freestanding on the ground, signs shall not be more five feet in height; mounted on building, signs shall not project from building; SignsC Signs shall not be erected on utility poles, traffic signals, traffic signs, meters, tree wells, trees or other living things; e. be erected i' front yard, but may also •-- .moi' in the •- • •cornerlots; Signs shall be erected no more than sixty days prior to the election • which they relate, and must be - i -i within ten days after • Signsr not be erected without the permission of the property owner or -ssee in control of premises. governmentalSection 22,36.080, Prohibited signs of Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (22) Signs in the public right-of-way, except official traffic control, directional and identification signs erected by the City or another agency with jurisdiction. Section 22.38. 010. Pu rpose of Article I 11, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: General Plan, as the overall policy document for the City, requires the significantpreservation and maintenance of native trees including oak, walnut, sycamore, trees is or historical value and pepper trees where g.ppropriate. The purpose of this Chapter is to protect and preserve these trees ind when removal is allowed as a result of new development to require their • r Section 22.38.030. Protected Trees of Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: Native oak, walnut, sycamore and willow trees with a DBH of eight inches or greater; pepper trees with a DBH of eight inches or greater where :•p"o• Section 22.38.060. Exemotions of Article III, Title 22 of the City of Diamond Bax Municipal Code is here by amended to read as follows: (8) Native oak, walnut, sycamore, willow, or pepper trees located upon a lot 1/2 acre or less are exempted ..• these regulations. Section 22.42.110. Residential accesso!y uses and structures, Table 3-5 of Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by amended by inserting the following • • • read as • •.. TABLE 3-15 REQUIRED SETBACKS - ACCESSORY USES D STRUCTURES bingie-i-amny yetacnea Homes Accessory Structure Type of Setback' Required Setback2 Tennis Court Sides, rear Street side Front 10 feet As required for main structure As required for main structure Guest house Sides, rear Street side As required for main structure As required for main structure Z�MIIIII Type . Setback' _ Tennis Court Sides, rear' 10 feet Street side As required for main structure Front As required for main structure Section 22.42.060. Guest houses of Article 111, Title 22 of the City of Diamond B Municipal Code . by • to Parcel coverage. The guest houses, along with the main dwelling and any other accessory'`'• an overall parcel coverage as required • • districts specified in Table 111INGIGM01 NEI i i Lei i F1 10 1 H 111111111 FOR Form IMMUR mvirg 11ANUIL-1 I I r4 Age me'n (011omgmagmel ml - (7) Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball etc.) accessory to a residential use are subject to the following . •. a. Fencing. Shall not exceed a maximum height of ten feet. When retaining walls/wall are utilized to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed ten feet. This section provides standards for the establishment of secondary residential (1) Secondary residential units may be allowed in the zoning districts specified in Section(Residential district land uses and^ requirements)subject• the approvalof - •applicant Numberbe the owner and resident of the main dwelling. of allowed. O' one • • dwelling unit shall be allowed on . • parcel. (3) Site requirements. The parcel proposed for a second dwelling unit shall comply with all • • • requirements a. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet, exclusively for the secondaryand • parcel shall be developed with only * existing owner - occupied attached(4) Location of secondary unit. A secondary dwelling unit may be within, to, or detached from the existing main dwelling detached, the secondary unit shall be separated from main dwelling unit a minimum of feet. MWIRITIVI a. Have a floor area not exceeding 30 percent of the existing living area of the main dwelling for an attached unit, or 1,200 square feet to the floor area for a detached unit; C. Comply with heightened setback requirements for the main dwelling; separateC Contain separate kitchen and bathroom facilities and have a (6) Parking. The secondary dwelling • i.- one covered • .-`i parking space in a carport or garage, in addition to that required parking for the main dwelling unit, in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). Rental of [ secondary dwelling be - .• although rr . i is not required. Compatibility. The secondary dwelling ... - shall • -compatible _ design of the main dwelling unit and the surrounding neighborhood in terms of scale, exterior treatment, height, setbacks and landscaping and shall not sufficiently change the character of the surrounding residential neighborhood. • • • kitchens single-familyin - •^ - w are a minimum of 6+0 square feet in floor area. A second kitchen shall not constitute approval of a second unit • • such kitchen shall notbe so located as to facilitate the establishment of • • independent dwelling • . • a servant'squarters. Section. 22.42.130. Radio and television antenna and wireless telecommunications antenna facilities of Article 111, Title 22 of the City of Diamond Bar Municipal Code is -- here by amended to read as follows: (g) Wireless telecommunications antenna facility approval process. (3) Conditional use permit. All wireless telecommunications antenna facilities other than those meeting the criteria for an administrative review approval or minor conditional use permit specified above must be authorized by a conditional use permit. These facilities may be located in the OP, OB, CO, C-1, C-2, C-3, and 1, zoning districts, or as identified on the city telecommunications facilities opportunities map. These facilities may be located in residential zoning districts ■ 2 on properties that „ '■:<#^4 � residential structures - church properties, schools, <,a..�.k: ■r similar type facilities)provided that the facility is in compliance with the following requirements . . written Narrative. he »,» must ^�provide » -k:.• describing » ,,.�. .:. � administrative .�. . x'- , the ..> : does not ®** . . , -, � « «. - y -< , minor conditional use afr© ,Development standards.The facility will be located, constructed, and maintained . accordance ,..» applicable development standards th at (Development<4■»#< :® set forth below - paragraph C. s: telecommunications -- , facilities located on . church property, school, water tan,r similar type facilities in residential zoning districts shall be limited to one *<<telecommunications antenna Section. 22.68.030. ®-»» ■:■.�■�-�,-■--, 2. 2 ,°k - -. .:�.�. .:�..�: - .�. e22 of - - City of Diamond Bar Municipal \,■- is here by amended to read k<follows:\ r. Buildingshall !n ! „ ! k - y ,* deemed nonconforming if the structure < :, conforma the building envelope regulations ■ lot coverage, heighor setback requirements) identified in ArticleTABLE ° 2-' RESIDENTIAL ■? RDEVELOPMENT�©�©®k STANDARDS, TABLE .k» . . 2 - ?» e > ® 2 k. .■. \T » f RESIDENTIAL DISTRICT2>?/®k. ■?.>.■®,>.T STANDARDS and Article TABLE REQUIRED SETBACKS ACCESSORY USES AND Qmm— O II z ®: C n N Z > x � N D > my w Z cn .® ® ycp® .2.w mo®® ^ VI 6 r "�o Z ® ®En C➢ `� [: _ ® yCD �� v �® ® �•� n z0 50� O Cn v `9 ® .✓ r ,a 71 E I O ®NJ ® � O N ® O b ® � O � O N O v � ® N r� rJ r^ v � rJ �_— r• 4 0 *t 0 00 (\l], T. [®' (n V9 ill ✓] ^' w� I O ON W NCD N — N ^ ! r J _ OO` IU n rri � ro "C r I C) C/] >z >® CD U s CD � Z n Z CN w O (% �a CN � O � ea CN � v n Z O � i w CN C7 w 77 z r ® CD r" r � C-1 CD CA ®LM Ia. 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Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar, Community and Development Services Department. On May 9, 2003, I posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on May 13, 2003, at each of the following locations: South Coast Quality Management Heritage Park District Auditorium 2900 Brea Canyon Road 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Godinez Community and g:\\affidavitposting.doc 13, 2003, at Diamond Bar, California. Services Dept. File re iewpd by File r viewed by on it and ready for File M, and is 'ready for on.== desirucii®n by City Clerk 6vAnning