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HomeMy WebLinkAbout07/08/2003PLANNING FILE Copy � 3 c July / 2003 ■ P.M. South Coast Air Quality Management District Government a Building Auditorium 21865 East Copley Diamond B [. Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Dar 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) 8397030 a minimum of 72 hours prior to the scheduled meeting. ��l)Ix�.tIOx'D B�1Ir r. Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses and encourages you to do the same City of Diamond liar Planning Commission II`" !17�i�11i1>—Il 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. r 1Or TO IR �. Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. t Copies of Agenda. Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839.7030 email: info@ci.diamond-bar.ca.us CALL TO ORDER: 7:00 p.m. Next Resolution No. 2003-19 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Tye, Vice -Chairman Dan Nolan, Steve Nelson, Joe Ruzicka, and Jack Tanaka This is the4time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recordinq Secretary (Comoletion of this form is voluitzw.) The following items listed on the consent calendar are considered routine and ard approved by a single motion. Consent calendar items may be removed from the 91enda by request of the Commission only: 5.1 Devel nt Code Amendment No 2003-01 (pursuant to Code Section 22.44) is a request to amend the following Article/Sections of the Development Code. - L-13 M' 10i M1 A (a) Section 22.34.030 - Single -Family Standards, Section 22.34.040 - Multi- Familv Standards, Section 22.34.050 - Commercial Standards and Section 22.34.060 - Industrial Standards: Amendment relates to landscape maintenance standards for slopes. A a X11 Prohibitedfage 2 PLANNING COMMISSION (b) Sections 22.36-050 and 22.36.080 - Exemptions From Sign Permits and Signs: i,__•, relates to the placement and siz- of election signs and signs in the public right-of-way. (c) Section 22.42.130 - Radio and Television Antenna and Wireless Telecommunications Antenna Facilities, Amendment relates to the number of telecommunications facilities on a parcel in residential zoning districts. Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2003-01 has been prepared. The Negative Declaration review period began April and ended May 203 qua NIN - " a 111, - I num 7.1 Development Review No. 2003-02 (pursuant to Code Sections 22.48.020. (a) T1)) is a request to remodel and add a first and second story addition -of approximately I•1 square feet ...at will include a patio cover, additional garage space, and front porch to an existing two-story single-family residence of approximately 2911 square Oroject Address: r 24108 Cromarty Drive Diamond Y 91765 Property Owner: Chieh-Shih Wang 24108Cromarty Diamond Bar, CA 91765 Applicant: Kamen Lai 8748 Valley Blvd., #K Rosemead, Ca 91770 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act wA Section - the City has determined July 8, 2003 Page 3 PLANNING COMMISSION 9 a Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2003-02, Findings of Fact, and conditions of approval as listed within the draft resolution. TV MEETING: TRAFFIC AND TRANSPORTATION CITY COUNCIL MEETING WS 7Z 8:00 p.m., Sycamore Canyon Park 22930 Golden Springs Dr. b7 -T# p.m. AQMD/Govt. Center, Room CC -2 21865 E. Copley Drive Thursday, July 10, 2003 — 700 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Thursday, July 10, 2003 - 7:00 p.m. AQMD/Govt. Center, Room CC -8 21865 E. Copley Drive AQMD/6ovt. Center Audito*rium 21865 E. Copley Drive Tuesday, July 22, 2003 - 6:00 p.m. AQMG/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, July 22, 2003 - 7:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, July 24, 2003 - 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive ? DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 24, 2003 Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quali-I Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bal California 91765. I M - Present: Chairman SteveVice Chairman Dan Nolan; and Commissioners Joe Ruzicka; and Jack Tanaka. • mpmp��Mq Also present were: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; and Stella Marquez, Administrativc Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: Chair/Tye requested that Agenda Item 8 be moved ahead of Agenda Item 7. M A, 11 A a=-- C/Ruzicka asked that page 4, line 5, be amended to read: "Not all speech is protected by the constitution at the same high level." C/Ruzicka moved, C/Tanaka seconded, to approve the June 10, 2003, minutes as amended. Without objection, the motion was so ordered with Nelson being absent. 5. OLD BUSINESS: None 2 2 , I. «;;#� 2 2 / $ fid 2 \' Page 2 PLANNING COMMISSION 8f.dfy No. 2003-03(pursuant to Code Section 2§.|■§■ arequest :, construct 2.o-»#» single family residence ,approximately ■® gross <#_» - feet including<_■n-: porch five car garage, and site retaining Wall proposed k k maximum height- of approximately ,m#.»= f■■*//\ � �.� :■. . . . . /■|� � ■- ■ .� .■:k ��» °■°� . : . ..... e�^■,$:.; , ,. WindmillEstates, LLC 348 �,, Torrance0■.# */■■ Torrance, „ -!|/|§ °*|■�■-:��� s ■ *T$■ � a- :.�� \ k '■/a/ k:§a<®�«■. ,.:��-*, »_^< �a■- /« ^ ®�a- - «,: »N..:, ■- . <<,„ ._ ,°».t „- ±» ®*.f» ?, ?$$/-■°Pil ©�#�,<,:<a.< and conditions of approval as listed within the reso2 There being no one present who wished to <a on 2 closed the public f '# C/Ruzicka moved, 2\ ?,^ seconded, to approve Development Reviel No. ?■$§-■: Findings a°Fact, and conditions ■° approval < listed within th resolution.Motion carried, the following », 2kvote: ; »< COMMISSIONERS: R«cka Tanaka, 2 ., OE COMMISSIONERS: ?,°* ABSENT: COMMISSIONERS: N $d »f?f�+f2;f2<ff dfy \4.»++2�+k ,. <2V§k22f \#.2!#2l2V2kjrff f*:w2 G#. 2+#?�#2 ,.< �- . - < >. ,\ : . ■ ?■#f ? f » ,'> :- #2■ .. < �.°- <®#.fd:,<♦�2�- ..:f» d,..< -,.a»- . «<,...TV ,.. - r ;oma Page 3 PLANNING COMMISSION balconies, covered patio/open air area, • three - garage totaling • approximately 12,806 gross square feet. The request also includes site 7-setiacKan'11=1ree "T replace protected/preserved trees. •.•: c 0,• T",,"WIT.•- 1 . �•io Simon Shum -c var C/Ruzicka asked if the City was asking for 5:1 tree replacement? AssocP/Lunge responded that the standard replacement ratio is 3:1. Chair/Tye asked if the trees would all be replaced on site? AssocP/Lunge said she understood all tree replacement was to be on-site. low TV 17 and to also fill all of the property owner's requirements and meet "The Country Estates" architectural review expectations. There being no one else present who wished to speak on this item, Chair/Tye closed the public hearing. Wage 4 PLANNING COMMISSION C/Ruzicka moved, C/Tanaka seconded, to approve Development Revies No. 2003-06, Minor Variance No. 2003-03 and Tree Permit No. 2003-01 Findings of Fact, and conditions of approval as listed within the resolutiorm Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson 8.3 Development Review No. 2003-08 (pursuant to Code Section 22.48.020) is a request to construct a two-story, single family addition of approximately 1,476 gross square feet. 10 Wei I I P FaIguni Megha 501 Looking Glass Diamond Bar, CA 9171 Raj Singh 501 Looking Glass Diamond Bar, CA 91765 AssocP/Lungu presented staff's report. She referred to a letter from a resident dated June 12, 2003, disagreeing with the addition and remodel of this project due to its massiveness. Staff recommends Planning Commission approval of Development Review No. 2003-08, Findings of Fact, and conditions of approval as listed within the resolution. U, We W-11611TIORTA his neighborhood about which he felt uncomfortable, that the City would take a second look. He spent time reviewing the site and looking at how it could possibly affect all of the other homeowners in the neighborhood. He did not observe that this addition would have any adverse effect on the rest of the neighborhood. Page 5 PLANNING COMMISSION i that he •i visited the site and did not feel thatproject would adversely affect the neighborhood. This project adds two levels each of 710 -.M` to the it e_- �. Fred Diaz, 233 West Bonita, San Dimas, Architect, said he found the City's staff members to be quite helpful. He has been in this area for several years and had never had occasion to be in this auditorium. He found the auditorium quite attractive and believed the visuals were excellent. This project has been in the worksiseveralmonths. a. peopleareopening their homes up to family members. The proposed addition is in the rear of the home and should compliment the area. There •e • no one • wished to speak on • 'i the public hearing. VC/Nolan• he I • visited • readthe letter of concern. the last sentence i.•. the writer'sfeelings evident don'tr any new building developed in the area at all." VC/Nolan applauded the applicant fir improving his property. Chair/Tye agreed with VC/Nolan. He felt that because of the current economic .• •.. it • for people . • improve their properties. MM- ffoTe Jim Mr. Diaz respo * nded that the property owner has no intention to rent out an -Y portion of property. a only. resolution. Motion carried by the following Roll Call vote: t [012114P Ruzicka, Tanaka, VC/Nolan, Chair/Tye None Nelson r~� - :; PLANNING COMMISSION Development Co.e Amendment No.2003-01 R •d. Section 22.44) is a request to amend the following Article/Sections of the Development Code. (Continued from May 13, 2003). AssocP/Lungu presented staff's report on the following items. Staff recommends that the Planning Commission direct staff to prepare a resolution recommending City Council approval of Development code Amendment No. 2003-01, relative to Section No.'s 22.34.030; 22.34.040; • _ �. .• r:._- •. i r i ��.� 22.34.060 Indu3trial Standard!i�--amendment relates to landscape maintenance for slopes. amendment.C/Ruzicka was concerned about the language of the recommend Does• ••` •R• "appearanceimmediatesame thing as "appearance of tl�e— immediate neighborhood?" And, shouthat hold true throughout the recommended changes? AssocP/Lungusaid the amendment could say that there must landscaping if that is what theCommission slopeDCM/DeStefano stated that if the recommended language is not clear the language should be amended accordingly. The beginning section states that yards and setback areas be landscaped with lawns, trees, shrubs, etc. A is notnecessarily setback. You r^R^.R the 25 -foot setback. That may be the area that needs to be clarified to insure that the entirety of slope is landscaped, irrigated, etc. He believed that the City irrigated, not necessarily a consistent landscaping theme. Absent^ ownership/easement, it may not be feasible to require consistent citywide landscaping. • ^i DOM/DeStefano said that the City is not interested in properties appear well groomed but are just dirt. The City would prefer to deal with slopes that with erosion control. AssocP/Lungu responded to VC/Nolan that the reference is to the entire slope, not just the setback area. As suggested by Chair/Tye, the language should probably be more specific so that the beginning statement says, for instance, "that yard and slope areas shall be landscaped, etc." C/Tanaka said he did not want to require, for instance, that the entire slope must be filled in within two • ^r• .r; referred to page 5 of " San Dimas ordinance. DCM/DeStefano suggested language to wit: the ground cover "substantially" rather than "completely." submitted m ordinances amendment.enforced. He wanted to understand if it was the City's objective to enforce this otherCode Enforcement Officers are obligated to enforce. This, like any aspect of law enforcement boils down to priorities.and time -management issues. This issue is of substantial importance to the community and to the City Council. Upon adoption of such an amendment by City Council the officers would be out in the field using the tools they now have to gain compliance. Most most obvious !! receive imminent consideriR�t*ioi. L'r. l Chair/Tye opened the public hearing on the property maintenance item. There • • no e present who wished to speak on a,. closed ` public hearing. C/Ruzicka recommend including Re to require some type of •,• i coversubstantially•.• =slope • tea. • p •The Commission concurred. 0 Sections 1 1R i1Exemptions• P- • _ Prohibited • - Amendment signsd signs in the public • reported rather than 30 days for the number of days before an election that a sign could be installed. Most cities do not allow signs in the public right-of-way. The City Attorney wanted Item 5.e. deleted and the following statement inserted in its place: "Where a sign is erected on a vacant lot or in a multi - tenant commercial center in a location on a residential lot that is not visible from - residence, request, provide evidence to the City of the property owner's permission." C/Ruzicka asked if Item 5.13. on page 7, should - "than" added so that reads"more VC/Nolan_ - was 1 __• to change the _ - • • i days. He felt 30 days was appropriate. Additionally, he agreed with t majority of communities that ordained removing signs from the public righ • Chair/Tye respectfully disagreed because he felt that signage along the public • Reffective communication tool.H_ • • how it could be determined who caused the sign to be erected. .` M ._# .• going directly to the candidate and asking that - g. be brought int• compliance or removed. Page DCIVI/DeStefano responded that the City might allow the sign to remain and inquire of thepi• r. whether _ granted pe • for it to•. there. From a free speech standpoint the sign can remain as long as it meets the other requirements of the City's code. VC/Nolan felt that signage in the public right-of-way reached staggering proportions during election campaigns. To r high road would be to signslimit " public -right-of-way. He felt that it was unrealistic to expect candidates to show restraint. Therefore, it is incumbent upon the City to lay foundation and directiov. r • ' + . •ime]s - • electionC/Ruzicka said that so long as signs do not go up more than 60 days prior to •comedown 10 days after the election, believed that whatever anyone wanted to do they should be allowed to do. He would agree30-dayprogram thatplace if thebalance • r Commission agreed. • • - • • r • • • .-I-ITIMITIMIR Ant r 0DWINKS Imp! Item 5.e. He would like "only" stricken. In addition, the Commission wanted to read 0,. estatereal signs? DCM/DeStefano signs. the highest form of speech and that the City would less likely be able establish more strident standards for political speech than for commerciii speech. DCM/DeStefano agreed with Chair/Tye that absent complete prohibition, there are no alternatives. Section 22.42.130 — Radio and Television Antenna 'and Wireless Telecommunications Antenna Facilities. Amendment relates to the number of r • •ns facilities on parcel in residentialzoning districts. M? Tam r ri. • • • • • the number of telecommunications facilities on a parcel. Some u separation distanceas a way to limit the numberper parcel. The Ci • , He felt itwould be too constricted. Chair/Tye asked for . clarification of • • 1 • t • multiple. • • P101111MA KIN • i'111• • '! 'i • • • intearated with the building or concealed. There could be many • .. original architecture of ..... building. • .! A11#65111 IIIeIeVsT-on;;7ocauon is one structure wi several tacilitieson number. Chair/Tye cited the installation in the St. Denis Church tower. Ultimately, a good product was erected. However, they initially objected to placement of the facilities in the bell tower. Chair/Tye would not mind if there were four facilities in the tower. When the applicant first brought the project to the JUNE 24, 2003 Page Planning Commission it was hideous, the neighbors did not like it and it did not look good. There was no creative thought given to it by the applicant. After several :,i' designed and camouflaged tower. He is not opposed to co -location — he is not in favor of what the applicant originally proposed. C/Ruzicka said he did not sig. decision about not wanted of-thefacilities in their bell tower. Now that there is a way to approach multiple sites on this piece of property he would not mind if they replaced every one a._ Cypress front of x Chair/Tye felt the City would need to set a standard. He was • • that the Development Code did not restrict facilities to one per site. He felt St. Denis shows how you can work together to accomplish what all three parties want to accomplish. . •� _ •�:�- .. • � ..tee. -ii" x • _._ � •� i � .._ �. •' �. i' • i •; • • . •- • Additionally, page 12 discusses where multiple facilities could be loca ed and that they would not be located on residential properties developed with residential structures or cited for residential development. Also, that the prohibited i piggybacking would be permissible. Staff would offer r possible solution being the third bullet on page 11 and the two bullets on page 12 and come back to the Commission- i i r--. -­ ­ — - JUNE 24, 2003 Page 12 PLANNING DCM/DeStefano confirmed5 • not • = punitive to ;pecific propeVC/Nolan asked if someone could be given a time period such as one or t years rty. meet the newcode? DCIVI/DeStefano said he wanted to consult with the City Attorney befo answering VC/Nolan. i DCM/DeStefano asked how you would determine whether a facility was C/Tanaka asked staff to refer to actual zoning districts in reference whether sites are located. ,•. 8. PLANNING COMMISSION COMMENTS: Chair/Tye thanked staff for their input and their business -like and helpful attitude with the public. L. INFORMATIONAL ITEMS: DCM/DeStefano reported that during • • AdministrativeReviewa approved severalnot the least of which was the architectural and site planning changes for the former Texaco Station at Golden Springs and Brea Canyon Road as it converts to Shell. The project is slated for completion around October. The SR57/60 freeway construction takes place over Al next four years. /! •. closures I.. - occurring ^ middle .•^ • .: - night to meetings.deal with various portions of the project. CalTrans held a study session with the City Council and staff. CalTrans is working closely with Council and staff to reduce the number of closure days. This project represents about 10 percent of current CalTrans projects in Los Angeles County. CalTrans will hold weekly update v • stated that on June 17, City Council adopted the FY 2003/04 Budget. As a result of the new budget, the City will be adding a part time weekend neighborhood i • officer. DCM/DeStefano pointed out that the Commissioners' packets include the "What's Happening" list requested by Chair/Tye at the last meeting. Staff will attempt to get this information to you via email. JUNE 003 e 13 PLANNINGCOMMISSION Respectfully Submitted, James DeStefano ,fittest: Chairman Steve Tye 5 . L To: Chairman and Planning Commissioners From: Ann J. Lungu, Associate Planner Subject: Development Code Amendment 2003- On June 24, 2003 at a continued public hearing, the Planning Commission reviewed the •Development Code sections set aside by - Commission on May 13, 2003. These - • - follows: a.) Chapter 22.34 — Property Maintenance Standards Section 1 • --'Family Standard3 Section 22.34.040. •. • 22.34.050. Commercial StandaLds SectionSection 22.34.060. aStandards. s • -r 22.36 — Sign Standards 22.36.050. - • • • Permits Section.22.36.080. Prohibited Signs Wirelessc.) Chapter 22.42 — Standards for Specific Land Uses Section 22.42.130. Radio and Television Antenna and Telecommunications Antenna Facilities The Planning Commission concluded the public hearing and directed staff to prepare a resolution recommending approval to City Council of the referenced amended sections incorporating the Commission's changes. As staff understands the Commission's direction,changes- been • • in the attached resolution: LandscaDe Maintenance. The .- statement .. •-. - . the immediate .-•.. neighborhood" was changed to "appearance of the immediate neighborhood" in all section. - statement "Yards and setback areas" was changed to Memorandum to the Planning Commission July 8, 2003 Page 2 "Yard, setback and slope areas". The word "completely" was changed to substantially" when referring to coverage of a slope with groundcover. Additionally, staff changed "public street" to "public highway" and inserted the definition for highway. Election Sians. Staff added the word "than" so that Item (5) b. will read "more than". The installation of said signs prior to an event was changed from 60 tt, 30 days. Also, in Item (5) f., the word "person" was changed to "candidate" when referring to the person responsible for erecting a sign. Telecommunication Facilities. Item (g) (4) eliminates 0411 -s-stes in resident*ial y zoned property, with or without residential structu �es with the exception of church properties, water tanks or similar facilities. dditionally, in Item (g� (4), c. and d. was added to prohibit "antenna farms but allow co -location by piggy back". Election signs prohibited in the public right-of-way remains in the re—com—mbnded amendment. Based on the Commission's discussion at the last meeting, the Commission may wish to wait on its final recommendation on election signs until August 12, 2003 when the City Attorney w ' ill be at the Planning Commission meeting and this matter can be discussed further. If this is the case, the section related to election sign standards can be deleted from the attached resolution. As directed by the Commission, attached to this memorandum is a description of each zoning district as presented in the Development Code. Staff recommends that the Planning Commission adopt Planning Commission Resolution No. 2003 -XX recommending approval to City Council of Development Cod.. Amendment 2003-01, a.) and c.) and continue b.) to August 12, 2003. Attachments: 1. Draft Resolution; 2. Zoning District Descriptions; 3. 7–oning Map; 4. Planning Commission Staff Report dated June 13, 2003; and 5. Telecommunications/Public Property, Water Reservoirs & Churches Facilities Map. 1 3W ,12 A il 1,11-9: 11'sill"00 WAVII The City of Diamond Bar has initiated an application for Development Code Amendment No. 2003-01 and Negative Declaration No. 2003-01. Hereinafter in this Resolution, the subject Development Code Amendment and Negative Declaration shall be referred to as the "Application." 2. On May 13, 2003, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. On this date, the Planning Commission approved certain section of Development Code Amendment No. 2003-01 and set aside the following sections for further review at the June 24, 2003 continued public hearing. Article III ''hapter 22.34 — Property Maintenance Standards Section 22.34.030. Single -Family Standard: Section 22.34.040. Multi -Family Standards Section 22.34.050. Commercial Standards Section 22.34.060. Industrial Standards Chapter 22.36 — Sign Standards Section. 22.36.050. Exemptions from Sign Permitl Section. 22.36.080. Prohibited Signs Chapter 22.42 — Standards for Specc Land Uses Section 22.42.130. Radio and Television Antenna and Wireless Telecommunications Antenna Facilities 9. On June 24, 2003, the Planning Commission concluded the publ hearing and directed staff to prepare a resolution. i 4. The Community and Development Services Department has determined that the above referenced sections of the existing development standards within the Development Code requires modification in order to implement the General Plan and comply with State- Statute -& B, 1 866, . . . 5. On April 13, 2003, notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whore a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, on April 13, 2003, public notices were posted in nine public places (City Mall/South Coast Air Quality Management District, Diamond Sar Library, Country Mills Town Center Community Board, Vons/Sav-®n Community Board, Ralph's shopping 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). 5. On July 8, 2003, the Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that Development C••e Amendment •. No. 2003-01 attached �implements-- General Plan. • s -• THEREFORE, it is found, determined and resolved by _ Planning Commission of the City of Diamond Bar as follows: r, i .._. r. Vii- _ NS►�.. � •, _ �_ • � •. 4 ... _... Planning Commission hereby finds that the Initial Study. . y M 9011 ' Negative Declaration No.2003-01 have been prepared by the City 4'' Diamond Bar incompliance with the req " - of - •Californ• Environmental Quality Act (CEQA) of 1970 and guidelines promulgat thereunder, pursuant to Section 15070, Furthermore, Negati Declaration No. 2003-01 reflects the independent judgement of the C i of Diamond 3. _ Commission ..._. •hereby •'finds. and determines havingconsideredthe record • •as a whole • •the findings forth below,and changes , . ialterations here- byinto 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. ' • the presumption ° Based ,' the findings kn ■ conclusions set forth above, - • ®,n■ Commissionhereby®c,©-'n#< that the City Council Development ?a■» Amendment 2, 2003-01 and Negative■ �.c: z ?■ ?■$/-■ attached fr*i as Exhibit k and incorporated hereina reference. ® k, _■- ^ <<■� <I» Certify to the adoption:his Resolution; and , Forthwith transmit certified <,■. ,°:h: Resolution:,h- oun forthwith. ©� � *$ ■ -� / » �- » |�- #© .. � 2■@\ « � � f�k2.?\2$?2\\e■©�-/\�■©■f?■?$#k® M James ■ \:f...# 'Planning \,- :: ®- Secretary, ®■ hereby certify that the a -,■n, Resolutionwas ■.. introduced, passed,,##,;■ by Planning Commission of the City of Diamond Bar, : regular meeting of the Planning Commission field , the 8th day ♦ July 2003, by following vote: AYES: WO -IM -.< ». . . > *?: 3 Subsection,(d) of Section 22.34.030. Single-family standards of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby amended and Subsection (1) is hereby added to Section 22.34.030. Subsection (d) to read as follows: •) Landscape maintenance. Yard, setback and slope areas shall be systemslandscaped 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 of the immediate neighborhood. Irrigation shall^ maintained to prevent public health• r • . Slopes• . r public highwayr. be maintained and clean manner, free of weeds r • debris. public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be watered manually or •matic irrigation system. Plantmat ' erial shall • both aesthetic and functional. be neatly trimmed and shall not encroach into the public right-of- way. Erosion control methods shall be utilized to maintain slope stability. Groundcover.substantially cover a slope within two years time of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of - immediate neighborhood. Overgrown• . that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. 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. too M4 a ' 111,111-9 ,.. e) Landscape maintenance. Yard, setback and slope areas shall be landscaped -with lawn, trees, shrubs, or other plant material, and shall -bei 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 it mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a nei and clean manner, free of weeds sidewalks,shall include local streets, the entire width of every highwe including all portions dedicated for highway purposes, such as th parkways and roadways.Said slopes shall be waterei manually y r. or by way of .automatic irrigation system. r. material shall be both aesthetic • functional. Plant material she be neatlytrimmed a • shall notencroach • the public right -o'. way. Erosion control methods shall be utilized to maintain slop stability. Groundcover shall substantially cover a slope within tw years .. + of planting.and/or shall be maintained in a manner that does not detract from th appearance of r immediate neighborhood.r • own vegetatio that harbors rats or other vermin, or attains such growth r • become a fire hazard when dry or that is otherwise noxiou,, dangerous or unsightly shall be prohibited. Failure to maintain sai slopes in the manner described is declared unlawful and a publi nuisance endangering the health, safety and general welfare of th public and detrimental • the surrounding community and shall i r abated pursuant to Section 22..34.070. • Landscape maintenance. Yard, setback and slope areasit landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintainr r neat and orderly mannerand substantially includefree 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 of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall local streets, the entire width of highway including• dedicated for highwaypurposes, manually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. 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. Groundcoverr •_ r rlly cover . slopetwo years time of planting. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance p.: the immediate p pp fpi Overgrown•..r. that harbors rats or other vermin, or a4 r growth as i become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety • general^ of e public and detrimental • the surrounding communityand shall be abated pursuant to Section Subsection (d) of Section _ standards of Article of . City of f d Bar Municipal••^ is hereby amendedaand Subsection added to Section 22.34.060, f to read as follows: (d) Landscape maintenance. Yard, setback and slope 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 a" • peri diseased or dying vegetation a • broken or defective decorativeis the •:,.r•ep Foliage landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract fromappearance.of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. (1) Slopes adjacent to a public highway shall be maintained in a neat i clean manner, free of e• and debris. j public highway includeshall localwidth • every highway includingallportionsdedicated forpurposes, a r sidewalks,parkways a • roadways.Said slopes shall be ^ •• materialmanually or by way of an automatic irrigation system. Plant material shall be both aesthetic and functional. Plant be neatly trimmeder and all not encroach i the public right-of- way.Erosion c• i •• be utilized to maintain fp yearsstability. Groundcover shall substantially cover a slope within two of planting. Walls, fencesand/or••^ plant shall be maintained in a manner that does not detract from the appearance of the immediatep :•! ••• Overgrown vegetation that harbors or other vermin, or growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or f be prohibited. i maintain said publicslopes in the manner described is declared unlawful and a abatedpublic and detrimental to the surrounding community and shall be pursuant to Section4_0 Subsection (5) of Section 22.36.050. Exemotions from ts of Article 111, Title 2-5 , of the ..e of Diamond :ii iMunicipal Code herebyrepealed and • - • .. • with language 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 limitations: a_ Signs sh -not exceed six square feet in residential zones and twelve y square feet in commercial and industrial zones; b. If freestanding on the ground, signs shall not be more than five feet in height; C. If mounted on a building, signs shall not project more than two feet from the building; • Signs shall notbe erected on poles,•signs, -- wells,,- or other Signs6. be erected no more than thirty days prior to the election .• which they relate, • must be removed within ten days after the election; f. Where a signerected on • or • • center or • • on •ential lot that is not•from the residence, the candidate causing the sign to be erected shall upon request provide •- • the city of - property • - permission. Signs122) ^ public right-of-way, and identification signserected agency with jurisdiction • • - - .. • . _. _ • • - • • - •' • • •- �• • • .. • r .• - .... telecommunications antenna facilities of Article III, Title 22 of the City of • • Bar Municipal Code is hereby amended to • ..: -• • (g) Wireless telecommunications antenna facility approval process. Conditional permit. '.--_.. wireless. telecommunications .•..•. antenna ._._. ^.<: be ».d■r*■ ,. a conditional use permit.e:• facilities may be located inh\ ■ ' ■ a \ ■ \1 2-§ _ C-3, .n, 1, zoning districts, , as identified on city telecommunications facilities: ,#»,2. -'*: 'k, ^-:* facilities may be located in residential zoning districts but on properties that #,not contain rf<■--. 2r.»_®<(i.e.,church properties, schools, watertanks or similar facilities),provided that the fa< < in compliance following requirements: a. flarrative. The applicant mst provide a written narrative . describing <h~*f»< : #■!< ~■.. meet the criteria f#. ,. .� k# <©k: f review , minor conditions. - permit. 2 » Development standards. The facility will be located, constructed, and maintained in »«,r■n.e with all applicable development standards that are :-:°,2h below paragraph (h) (Developmenstandards). WirelessC. telecommunications antenna .*c;•z shall.only be located in<#f^: zoning districts on a churchproperty, school,water: public property,or similar Wireless telecommunications anten. facilities not be located on residential properties ■ „®, with residential - structures or sited for res # °1 k development. d ,,— ■ The siting of multiple antennastructures within the <— ,=2fna»< :y... shall be ,i,®■ Multiple.... - - -: attached :, an existing or a'„■:e■ freestanding antenna support structure. ■» k:,■#. back# : allowed. �. 22.08 .020 DIAMOND BAR COD -0 The purposes of the individual residential zoning districts and the manner in which they are applied are as follows. (1) RR (rural residential) district. The RR zoning district identifies hillside areas intended for rural living, including the keeping of animals, with supporting accessory struc- tures. The maximum allowed density for new residential subdivisions within this zoning district will be one dwelling unit per gross acre, or lower densities where required by chapter 22.22 (hillside Management). The RR zoning district is consistent with the rural residential land use category of the general plan. (2) RLaowdensity residential) district. The RL zoning district is intended primarily for parcels developed with existing detached single-family dwellings. The maximum allowed density for new residential subdivisions within this zoning district will be three dwellings per gross acre. The RL zoning district is consistent with the low density residential •e...1. • *usecategoryo. + general (3) RLM (low/medium density residential) district. The RLM zoning district is intended primarily for existing subdivided areas developed with detached single-family dwell- ings. The maximum allowed density for new residential subdivisions within this zoning district will be five dwellings per gross acre. The RLM zoning district is consistent with the low density residential land use category of the general plan. (4) RM (medium density residential) district.The RM zoning -district is intended for areas developed with existing planned townhome, condominium, apartment, mobile home, and other multifamily residential projects. The maximum allowed density for new residential projects within this zoning district will be 12 dwellings per gross acre. The RM zoning district is consistent with the medium density residential land use category of the general plan. (5) RMH (medium/ high density residential) district. The RMH zoning district is intended for areas of existing and planned townhome, condominium, apartment, other multi- family residential projects, and mobile home parks. The maximum allowed density for new residential projects within this zoning district will be 16 dwellings per gross acre. The RMH zoning district is consistent with the medium high density residential land use category of the general plan. (6) RH (high density residential) district. The Rh zoning district is intended for areas of existing and proposed high density condominium and apartment projects, other high density residential projects, and mobile home parks. The maximum allowed density for new residential projects within this zoning district will be 20 dwellings per gross acre. The Rh zoning district is consistent with the high density residential land use category of the general plan. (Ord. No. 02(1993), § 2, 11-3-93) Supp. No. 8 CD22:24 (0EVELOP" ENT CODE § 22.10.021-2 See. 22.10.010. Purpose of chapter. Sec. 22.10.020. Purposes of commercial/industrial zoning districts. The purposes of the individual commercial and industrial zoning districts and the manner in which they are applied are as follows. (1) OP (office, professional) district. The OP zoning district is intended for areas appro- priate for office -based working environments for general, professional, and adminis- trative offices, and similar and related compatible uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The OP zoning district is consistent with the professional office land use category of the general plan. (2) OB (office, business park) district. The OB zoning district is intended for areas appropriate for larger scale, headquarters -type office facilities and business park developments, and similar and related compatible uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The OB zoning district is consistent with the professional office land use category of the general plan. (3) CO (commercial office) district. The CO zoning district is intended for areas appropri- ate for a diverse mix of office, retail, and service -related uses, with o ffi'ce-type facilities being the primary uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The CO zoning district is consistent with the commercial office land use category of the gen . eral plan. (4) C -I (neighborhood commercial) district. The C-1 zoning district is applied to areas appropriate for retail sales, offices, and services serving the daily needs of nearby residents. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-1 zoning district is consistent with the general comm rcial land use category of the general plan. (5) C-2 (community commercial) district. The C-2 zoning district is applied to areas appropriate for a wide range of retail shopping and service uses, primarily intended to serve the needs of Diamond Bar residents. The allowable floor area ratio for nonresidential development shall be from 0.25 to it The C-2 zoning district is consistent with the general commercial land use category of the general plan. (6) C-3 (regional commercial) district. The C-3 zoning district is applied to areas appropriate for large-scale commercial uses serving residents and businesses within the region. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-3 zoning district is consistent with the general commercial land use category of the general plan. Supp. No. 6 CD22:29 § 22.10.020 DUMOND BAR CODE (7) 1 (light industry) district. The I zoning district is applied to areas appropriate for light industrial/manufacturing uses including research and development, office -based in- dustrial uses in an "industrial park" setting, business support services, and conuner- cial uses requiring larger sites than are available in the commercial zoning districts. The allowable floor area ratio for nonresidential development shall be from 0.25 to Al The I zoning district is consistent with the light industrial land use category of the general plan. (Ord. No. 02(1998), § 2, 11-3-98) u Staff Report AGENDA ITEM NUMBER: � 1121T, IX -1044111-1 10 ,q 4 t On May 13, 2003, Development Code No. 2003-01 was presented to the Planning Commission at a duly noticed public hearing. At that time, the Commission recommended approval to City Council to amend several Development Code sections. However, of the sections reviewed, the Commission set aside the following for further study and continued the public hearing to June 24, 2003. Chapter 22.34 — Property Maintenance Standarci Section 22.34.030. Single -Family Standards Section22.34.040. Multi -Family Standards Section22.34.050. Commercial .•. •: Section 22.34.060, Industrial Standards Chapter• • • FacilitiesSection. 22.36.050. Exemptions from Sign Permits Section. 22.36.080. Prohibited Signs Chapter 22.42 — Standards for Specific Land Uses Section 22.42.130. Radio and Television Antenna and Wireless Telecommunications Antenna 1 The City of Diamond Bar (pursuant to Development Code Section 22.44 — Land Use and Development Permits Procedures) is approval to amend the following Article and Sections •DevelopmentCode. • •.... • delineates . current standardsand utilizes striketh.rough and Italics to emphasis the staff recommended amendments. r •,.i 1,' •" 1751 aI Current: (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, trees,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. (d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, shrubs,or other plant material,and shall be permanently r -• in . neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and • •...r- or defective decorative of - landscaped area. Foliage in. landscaped areas shall be mowed, groomed, trimmed, pruned and adequately so as to maintain healthygrowing • • and not to detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or Slopes adjacent1 a public e- be maintained in a neat and clean manner, ee of weeds 1 debris.1 slopesbe 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,. andlor slope plant material1- maintainedinr manner thatdoes not detract from the appearance of the immediate neighborhood. " to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, 1 i- i abated pursuant 1 detrimental surrounding �. 1 and . I "' Section PA shrubs,(e) Landscape maintenance, Yards and setback areas shall be landscaped with lawn, or other plant material, . • 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 - 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 appearance maintained to prevent public health or safety hazards. r- ! r •-• • (e) 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 se -as 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 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: shrubs,(d) Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area.• !- in landscaped hazards.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 3 (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 shallbe mowed, groomed,iA pruned i' • adequately watered "• as to maintain hazards,healthy growing conditions so -as and not W detract from the appearance at the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety Slopesadjacent rpublic street 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 andlor slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Fs r tomaintain1.slopes in the manner «_. described is • d unlawfuland a public nuisance endangering the health, safety pursuantof the public and detrimental to the surrounding community and shall be abated 1 Section i Landscape maintenance. wi and setback wf shall • w landscaped with lawn, r w shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner .. and substantially w' ofweeds, debris r • dead, • ww i• or dying vegei and broken • defective •w •wr elements • .. w landscaped fwi Foliage landscaped areas- shall be mowed, groomed, trimmed, pruned and -adequately watered so as to maintain i, growing conditions • as • to detract • '^ appearance at w immediate hazards.neighborhood. Irrigation systems shall be maintained to prevent public health or safety 0 • JAM r .. • . • . • ♦. (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 se -as and not tG-detract from the appearance at the immediate neighborhood.Irrigationbe r to prevent public ''<. or safety hazards. encroach(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 irrigation system. Plant material shall be neatly trimmed and shall no! fthe public i I" -way.. Erosion 1I methods ..I1 be utilized .o 0 of public r I detrimental to surrounding community and shall be abated pursuant to Section 22.34.070. The above recommended amendment for residential, commercial and industrial zoning districts was presented to the Planning Commission on May 13, 2003. In surveying several cities (Walnut, San Dimas, Rancho Cucamonga, Corona, Glendora, Pasadena, Norco, Chino Hills, Yorba Linda and Glendora), Staff found that these cities have general standards related to slope vegetation. Height spe . cifics of slope vegetation are not incorporated into the standards. The standards adopted were related to maintaining ••' stability and erosion control. require••" vegetation that is both aesthetic and functional. Overgrown vegetation that harbors rats or other vermin, or which attain such growth as to become a fire menace when dry or which are otherwise noxious, dangerous or unsightly is prohibited. The City of San Dimas listed suggested plant material to be utilized for slope vegetation and required that ground cover completely cover the slope within two years from time of planting. The Planning Commission may want to consider addingthis • year . frame ;,.r to recommended amendment ,, i,. a •adding . ofsuggested slope ground • r.t will look ••1 • be drought t! ^ s • maintain slope stability.The following is a list of said ground cover: Plant Flame Description Raccharis pilularis prostratus (dwarf coyote bush) Deep-rooted, good soil binder, needs some supplemental irrigation; grows to 18 inches. Hedera canariensis (Algerian ivy) Widely used; large glossy leaves; once established grows rapidly; will not carry fire easily; prefers heat & sun; needs irri ation. Helianthemum nummularium sunrose Grows to 1 ft. high; flowers inspring in many colors. Osteospermum fruiticosum (African creeping daisy) Good hardy cover for slopes and erosion control; vigorous trailing growth; attractive light green foliage with flowers. Rosmarinus officinalis prostrata (creeping rosema Gives guick, drought -resistance cover; blue flower. The Commission may want to consider adding additional language to the recommended amendment so it will read as follows for the residential, commercial and industrial zoning districts. (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 neal 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 and not to detract } the appearance at the ime• 1:`e neighborhood. systems be maintained to prevent public health or safety hazards - 5 manner,(1) Slopes adjacent to a public street shall be maintained in a neat and clean free of weeds/ debris.M slopes shall be watered manually or by way of an I irrigation m .cmaterial both I.. aesthetic and functional. Plant material shall be neatly trimmed and shall not encroach into the public fight -of -way. Erosion control r. 1d . be utilized to maintain slope stability. Groundcover shall completely cover a slope within two years time of planting. Walls, fences andlor slope plant material shall be maintained ,_ �. rr manner ._.ethat does r.. I "R detract from appearance I' r I the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain 1 slopes in the manner described is decunlawful public endangering safety and general public and detrimental to the surrounding community and shall be abated pursuant I 22.34.070. Temporaryplaced upon pubicproperty. • ! provisions placement or proposed placement of signs on public property. a. Nosignsproject over any public • public property except as may be expressly permitted pursuant to this section. On private property, in any outdoor open to the public,• portion of ^• to the building • extending below a height of seven feet above ground level shall project more than six inches from . ..' of • • Sign, other than those required for traffic safety or pursuant to law, shall be placed, located or maintained upon anv center median of any street, highway or other improvement ^ ^ • for • • by • . C. No sign may be placed, located or maintained in, on or over any public walkway, parkway, alley, street or any other public property which interferes with the construction, maintenance or repair thereof or of any facility therein or thereon, including, but not limited to all landscape, hardscape, meters, or irrigation facilities. d. No sign shall be affixed to any trees or 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 squarefeetofsign Only one sign -advertising- identifying, displaying, or directing or attracting attention 6 . to a particular idea or event shall be placed in the public right-of-way on each side of any single block. For the purpose of this section, "block" shall mean that portion of the street lying between the nearest two intersecting or intercepting streets. i Any iadvertising, identifying, displaying, • f •attracting attentiont or conveying an idea related to an event which is to occur on a certain date shall not be placed in the public right-of-way more than 30 days prior to that date and shall be removed not later than 10 days after the date. (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 I'1;^subjecti the following limitations: r. Signs shall not exceed six square feet in residential• and twelve square feet in commercial and industrial zones; } -- i. -} }_ - • • } • I- • • r 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; e. Signs shall be erected only in a front yard, but may also be erected in the side yard of comer 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 atter the election; g. Signs shall not be erected without the permission of the property owner or lessee in control ,. - 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; (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. 7 The above recommended amendment was presented to the Planning Commission. The Commission voiced two concerns regarding this amendment. The concerns were related to the placement of election signs in the public right-of-way and the number of days before an election that a sign could be installed. Staff researched several cities in order to compare their standards with the Staff's recommended amendment. The following is the comparison matrix with this information. City Installed Prior to the Election Political Signs In Public Right -of Way Brea 45 days Yes Chino Hills 45 days No Chino 45 days Yes with written consent from the City Fontana 30 days No La Verne 30 days No Rancho Cucamonga a s Yes only with an encroachment permit San Dimas _30d 30 days No Yorba Linda 30 days Yes Claremont No specific time frame because only allowed on private property No Glendora No specific time frame No election sign standards Utilize tem ora sign standards No 1 -Highland 45 davs No Montclair 60 days No San Clemente No requirement No Walnut 30 days No j According to the fourteen cities surveyed, four allowed election signs in the public right-of-way and two of the four required written city approval. The days prior an event that an election sign may be installed varies from no time limit to 30 days to 61 days.1 day, four utilize 45 days, one utilizes 60 day and three do not specify the days prior to an event that election signs may be installed. Diamond Bar's City Attorney recommended that the City utilize a standard of 60 days prior to an election for sign installation. Staff proposes that the recommended amendment remainelection signs R permitted public right -of way and the installation of election signs 60 days prior to the event. • _y _ • .• ��-M i - i' - •. -,.. _ . person causing the sign to be erected shall upon request provide evidence to the city of the property owner's permission"and delete Item 5(e). With the Planning Commission's Staff I Section. 22.42.130. Radio and television antenna and wireless telecommunications antenna facilities. Conditional ,• permit.All wirelesstelecommunications facilities those meeting the criteria for an administrative review approval or minor conditional use permit specified above must be authorized by • • iThese facilities may be located in any zone,provided ,. facility is in compliance 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 - permit. b. Development standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards that are set forth below paragraph (Development (g) Wireless telecommunications antenna facility approval process. (4) Conditional use permit. All w ireless 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/, zoning districts, or as identified on the city telecommunicationsopportunities mr• These facilities may s -located in residential• • districts but on properties that I• not contain residential structures (i.e.,. church properties, schools, water tanks or similar type facilities) a4y-zGne, provided that the facility is in compliance with the following requirements: a. Narrative. The applicant must provide a written narrative describing why t facility does not meet the criteria for an administrative review or min conditional _ permit. ,__ maintainedb. Development standards. The facility will be located, constructed, and in accordance applicable development stan• • -. forth •v belowparagraph(Development•* • C. Wireless telecommunications antenna facilities located on a church property, school, water tank or similar type facilities in residential zoning districts shall be limited to one wireless telecommunications antenna facility. E The above recommended amendment was presented to the Planning Commission. The discussion centered on the number of telecommunication facilities per parcel. Staff reviewed telecommunication facility standards from several cities related to this issue. The following matrix will assist in defining this information. City Number of Telecommunication Facilities Per Parcel a Do not limit the number of facilities per parcel. ® Encourage co -location. San Dimas a Allowed in Residential, Commercial, & Industrial zones. a In Residential zones — ground mounted, maximum height 12 feet, monopoles prohibited. Building mount when integrated into an existing structure. a When designed as a piece of public art, maximum height determined by the approvinq bod . Rancho Cucamonga a Do not limit the number of facilities per parcel. Encourage co -location. a Allowed in Residential, Commercial, & Industrial zones. Fontana a Encourage co -location. a Allowed in Residential, Commercial, & Industrial zones. a SFR or duplex zone requires a 200 ft. separation or 300% of the tower height, which ever is greater. a SFR or duplex zone requires, vacant parcel, a 200 ft. separation or 300% the height of the tower, which ever is greater. a Multi -family residential zone requires a 100 ft. separation or 100% of the tower height, which ever is greater. a Non-residential only required setbacks apply. La Verne a Do not limit the number of facilities per parcel. a Encourage co -location. a Currently not allowed in residential zones. a Allowed Commercial & industrial zones. Glendora a Do not limit the number of facilities per parcel. a Only allow cell sites on publicly owned property in residential zones. ® Require co -location throw h the CUP process. Chino Hills a Do not limit the number of facilities per parcel. a Encourage co -location. a Allowed in Residential, Commercial, & Industrial zones. Chino a Do not limit the number of facilities per parcel. a Encourage co -location. a Only building mounted, stealth design, architecturally integrated with the building, or concealed allowed in a residential zone. a Shall not exceed the hei ht allowed in the zoning district. Walnut a Do not limit the number of facilities per parcel. a Encourage co -location. a Shall not be located on an exposed ridgeline. a Allowed in Residential, Commercial, & Industrial zones. a May be located in low density residential zoning districts on a property with non- residential improvements and will be conditioned to be removed when residential development is established. a Setbacks shall be determined in each individual case with minimum setbacks consistent with zoning. a Towers & antennas shall not be located within1,500 ft. of a property with existing facility unless it is a co -location facility. a Monopoles and alternative antenna supports shall be located a minimum of �/z mile for an other monopoles or alternative antenna support structure. 10 San Clemente All facilities are reviewed through the CUP process and are conditioned appropriately on a case by case basis. ® In residential zones have 3 properties with 2-3 cell sites on each. "!Wireless telecommunications antenna facilities located on a church property, school, water tank or similar type facilities in residential zoning districts shall be limited to one wireless telecommunications antenna facility" The City Attorney can accept this statement, but wonders if the limitation of one telecommunication facility on institutionally developed properties is too restrictive. In the telecommunication _ e,.,•m._.. r. •" facilitiesmatrix above'` allcities surveyedallow and •• not restrict the number of facilities per parcel. However, the City of La Verne does not permit telecommunication facilities in residential zones. The cities that allow telecommunication facilities in residential zones apply standards related to d6sign (i.e. building mo"unted only, stealth design, architecturally integrated with building, or concealed). Other standards relate to the separationbetween cell sites unlessR • a •, is ri Separation standards (if there are any) in residential zoning districts vary from 100 to 200 feet or 100 or 300 percent of the tower height, which ever is greater. Additionally, other than co -location, towers • antenna shall not be i • -iwithin 0.^' of a property with an existing facility and monopoles and alternative antenna support structures shall be located a minimum of 1/2mile (Note: 1/2 mile equals 2,640 feet) for another said facility. The Planning Commission may want to consider several alternatives to restricting the number of cell sites per parcel.AlternativesR consider are as follows: residentialWireless telecommunications antenna facilities shall only be located in residential zoning districts if on a church property, school; water tank, public property, or similar type facilities. Wireless telecommunications antenna facilities shall not be located on properties developed with residentialstructures. Wireless telecommunications antenna facilities may be allowed in residential zoning districts only if the facility is building mounted, stealth design, architecturally integrated with the building, or concealed. 111reless telecommunications antenna facilities shall be separated by a minimum of 1/2 mile unless • t • -• The Commission may want to consider revisiting the definition of "co -location". Currently, thg Development Code defines • ..• • • Siting multiple antenna r- (2) Multiple antennas attached to an existing or proposed freestanding antenna support structure. Also called donor sites, and "piggy -backing." (4) Facade -mount in which the antenna is attached to (an) exterior wall(s) of a building or other structure (5) Enclosed in which the antenna facility is entirely contained within a building primarily occupied by another permitted use. Types 3, 4, & 5 are tenant improvements (TI). To limit the number of wireless telecommunications antenna facilities per parcel, the Commission might want to consider prohibiting Item (1) above and not allow the siting of multiple antenna structures within the same local e facility by "piggy -backing". The Commission may want to consider allowing an additional ten foot height to the support structure of the co -location antenna or continue to limit the height to the residential zoning district standard which is 35 feet. Additionally, a combination of the suggested alternatives could assist in limiting the number of wireless telecommunications antenna facilities per parcel. Therefore, to avoid the location of many telecommunications facilities on one parcel, the following suggested amendment may accomplish this: • Wireless telecommunications antenna facilities shall only be located in residential zoning districts if on a church property, school, water tank, public property, or similar type facilities. Wireless telecommunications antenna facilities shall not be located on residential properties developed with residential structures or sited for residential development. multipleThe siting. of antenna structures within the same parcel farms") shall be i prohibited. Multiple antennas attached to an existing or proposed freestanding antenna support(know"piggy-backing") allowed. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070 of Article 11 of the California Code Of Regulations and guidelines promulgated thereunder, the City has determined that a Negative Declaration is required for the Development Code Amendment _00Negative Declaration review period began April 18, 2003 and ended May 7, 2003. 12 Furthermore, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 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. Staff recommends that the Planning Commission direct Staff to prepare a resolution recommending approval to City Council of Development Code Amendment No. 2003-01 for Sections 22.34.030., 22.34.040, 22.34.050., 22.34.050., 22.34.060., 22.36.050., 22.36.080., and 22.42.130. for the July 8, 2003 Planning Commission meeting. Prepared by: Ann Lungu, Associate Planner 13 a AGENDA ITEM NUMBER: 11" � _= IPM;5�, M-11- t I PRO -1 I I I 1 111' 1 a• To remodel and add a first and second story addition of approximately 4,290 square feet that will include a patio cover, balcony, additional family residence. 0 - W-01 Lon -ago N I'd VA PJ Kamen Lai 8748 Valley Boulevard, #H Rosemead, CA 91770 The property owner, Chieh-Shih Wang and applicant, Kamen Lai have submitted and applicati for Development Review No. 2003-02 pursuant to Development Code Section 22.48.020.(a)(1 The request is for approval of Development Review No. 2003-02 in order to remodel and constru a first and second story addition of approximately 4,290 square feet which includes a patio cov balcony, additional garage space and front porch to an existing two-story single-family residen of approximately 2,900 square feet with a three car garage. I The project site is located at 24108 Cromarty Drive (Lot 20, Tract No. 42572). The project si is an irregular shaped lot of approximately 52,272 gross square feet (1.20 gross acres) slopi up toward the rear and east property lines. According to the Tract Map, the project site does n contain any easements or a restricted use area. 11 The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC and zoning designation of Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000). Generally, the following zones surround the project site: to the north and west is the R-1-10,000 zone and to the south and east is the Residential Planned Developme-nt-Minimum Lot Size 20,000 Square Feet (RPD 20,000-2U) zone. The City's Development Code sets forth a Development Review process. The purpose of th process is to establish consistency with the General Plan through the promotion of high aesthet I and functional standards to complement and add to the economic, physical, and social charact of the City. The process will also ensure that new development and intensification of existino, I development yields a pleasant living, working, or shopping environment and attracts the intere of residents, workers, shoppers and visitors as the result of consistent exemplary design. Pursuant to Development Code Section 22.48.020.(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 10,000 square feet or greater uf combined gross floor area. The proposed residential project will cause an addition greater than 50 percent of the existing single-family structure's floor area and includes remodeling. As a result, this project requires Development Review and the Planning Commission is the review authority. The following is a comparison of the City's required development standards and the proposed project's development standards. CITY'S REQUIRED DEVELOPMENT STANDARDS PROPOSED PROJECT'S DEVELOPMENT STANDARDS Setbacks: Minimum Setbacks: * Front yard — min. 20 ft. from property line; * Front yard — existing - 28 ft. from property line; o Side yard — 5 & 10 ft. from property line with 15 o Side yard —10 & 74 ft. from side property lines; ft, between dwelling units on adjoining parcels; separation from adjacent residence (Lot 21) — 15ft ® Rear yard — 20 ft. from property; * Rear yard — 120 ft. from rear property line; Building Height: B u i Ldfi Height: o Maximum 35 ft. measured from natural or Two stories— 35 ft. from finished grade; finished grade; A ® Two car garage ® minimum; (2 -bays ® 20'x20'); o Attached ® 4 -car garage (20 ft. X 21 ft, and (23 ft. X approximately 24 ft.); The comparison matrix indicates that the proposed project complies with all the required City development standards. FmTeffono • Accordingproposedresidence's style r Contemporary/Mediterranean. This architectural style is different from the existing style However, it is architecturally compatible with other adjacent residences and new homes with Tract No. 31977 (Andrew King Tract). This residence with the proposed addition and remodel also comparable to the square footage of the new homes in Tract 31977. Prominent architectu features include the front entry flanked with columns, Palladian type -windows and windo fenestration. Varied planes are utilized on all four elevations of the residence to minimize t single-family mass,r • giving it depth • substance. ._, Exterior stucco walls: Typical Stucco ® La Habra, Santa Fe X-24 (Rase 200), light Tan and La Habra French Vanilla X-22 (Rase 100) off White; Roof tile: Eagle Roofing ® Capistrano 3125Terracotta; Trim, pop -outs, columns and facia Rehr X-50 Crystal White; Stone Veneer Coronado Stone ® Quick Stack- Sahara Tan. existingI he proposed colors and materials are compatible with residences surrounding the project si'm and off er variety in colors and textures. As a result, the proposed project will provide a desirab cjnvironment with good aesthetic use of materials, textures and colors that will remain aesthetical I zppealing while offering variety. The floor plan includesliving room, dining room, kitchen, wr• •• ••. bathroom, laundry room and three car garage for the first floor. The second floor master bedroom with bathroom and wardrobe, two bedrooms, bathroom and hall. The proposed floor plan is included in Exhibit "A". The first floor contains an { living room,library,._ • • room,family _ with e, bar, with pantry,o•kitchen, A total of five bedrooms are proposed with a four car garage. Also, it will be possible to park at least two additional cars in the driveway. Therefore, staff believes that the number of bedrooms in relationship to the number of parking spaces that will be provided offer adequate parking for the proposed project. According to the application, the proposed project will generate approximately 65 cubic yards of cut. This earthwork is related to extending the existing pad by cutting into the rear slope approximately four to eight feet. To hold the cut, a retaining wall will be construct with a maximum exposed height of six feet. Since the retaining wall is holding a cut, those that live in the subject residence will mainly view it. 1111 11:11vinlInly:; • The applicant has submitted a landscape/irrigation plan, which is incorporated into Exhibit "A". The proposed landscaping appears appropriate and a condition of approval will be added to the resolution addressing the maintenance of the landscaping and property in general. It will be required that the landscaping and irrigation be install prior to final inspection or Certificate of Occupancy. As with many approvals, a condition of approval has been added to the resolution requiring that the owner complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City and is attached to this staff report The covenant must be completed and recorded with the Los Angeles County Recorder's Office prior to the issuance of a building permit. The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached draft resolution. CJ Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301 (e), the City has determined that this project is categorically exempt. Notice for this project was published in the' Inland VallgX-Eulletin and the San Gabriel ValleT, Tribune on June 27, 2003. Public hearing notices were mailed to approximately 51 prope 1 owners within a 500 -foot radius of the project site on June 24, 2003. Furthermore, the project si Z was posted with a display board and the public notice was posted in three public places on Ju - 27,2003. Staff recommends that the Planning Commission approve Development Review No. 2003-02, Findings of Fact and conditions of approval as listed within the attached resolution. Irvtry a_ 1 The design and layout of the proposed development is consistent 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, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not unreasonably interfere wi the use and enjoyment of neighboring existing or future development, and will not crea traffic or pedestrian hazards; I- 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic r.: materials, texture, and color that will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfa or materially injurious (e.g. negative affect on property values ore resale(s) of property) the properties or improvements in the vicinity; and The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act 1 Draft Resolution; 2. Exhibit "A" ® site plan, floor plan, elevations, sections, preliminary grading plan, landscape plan and colors/materials board dated July 8, 2003; 3. Application; 4. Aerial; and 5. Covenant and Agreement to Maintain a Single Family Residence. I UIP PLANNING i RESOLUTION NO. 2003 - The property owner, n • and applicant, filed an application for Development Review No. 2003-02 and categorical exemption for a property located at 24108 Cromarty Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application," 2. On June 24, 2003, public hearing notices were mailed to approximately 51 • ••:erownersI 500 - foot • of project 2003, notification of the public hearing for this project was provided in th4 San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers an,) - project posted with a display board. On June 26, 2003, public • posted in three" publ ic places. 3. On July 8, 2003, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 24108 Cromarty Drive (Lot 20, Tract No I 42572). It is an irregular shaped lot of approximately 52,272 gro square feet (1.20 gross acres) sloping up toward the rear and ea property lines. According to the Tract Map, the project site does nill contain any easements or a restricted use area. 1b) The project site has a General Plan land use designation of Lo Density Residential (RL) Maximum 3 DU/AC. i (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000) zone. (d) Generally, the following zones surround the project site: to the north and west is the R-1-10,000 zone and to the south and east is the Residential Planned Development -Minimum Lot Size 20,000 Square Feet (RPD 20,000-2U) zone. (e) The Application request is to remodel and construct a first and second story addition of approximately 4,290 square feet including a patio cover, balcony, additional garage space and front porch to an existing two-story single-family residence of approximately 2,900 square feet with a three car garage. The request also include the construction of a rear yard retaining wall with a maximum exposed height of six feet in order to expand the existing buildable pad approximately four to eight feet. 4 The design and layout of the proposed development is consistent witl� the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned ••,r .• I - ... T1s ..,� 4 _ .i _ i ii. - "" - • •�• ^�. s project site while offering variety in colors and textures. As a result, the III_'I project will provide a desirable environment i/• aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. rI -� 1"i • � - '�- ter; ri`/• 1' i • -_ with the General Plan land use designation of •- Residential (RL) Maximum 3 _ The proposed additiodoes not Generalalter the Plan density.Additionally, proposed I I r strategiescomplies with the General Plan objectives and and the Design 1'lines related to maintaining residential neighborhoods and open space. (g) The design and layout of the proposed development will not interfm with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site is currently utilized for a single-family residence and will continue fi, such with the construction of the proposed addition and remodel, proposed I r consistent other • family residences established within the surrounding neighborhood. .4" r result, the proposed project is not .,,1-,.._1' to interfere with the - and i of neighboring existing futuredevelopment. K3 The project site is 1.20 gross acres and is large enough to accommodate the proposed project as designed. The proposed addition and remodel to the existing residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will remain a single- family residence. Additionally, Cromarty Drive adequately serves the project site and was established to handle minimum traffic created by this type of development. (h) The architectural design o:.. proposed development is compatib with the I chrcter of the surrounding neighborhood and will mainta the harmonious, orderly and attractive development contemplated Chapter 22.48.20. Development Review Standards, City Desig] aa Guidelines, the City's General Plan, or any applicable specific plan (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retailn a reasonably adequate level of maintenance. As referenced in the above findings and the colorslmaterials board, 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 aesthetica teafin�,�, while a low level of mainten.zyce. The proposed development will not be detrimental to public healto safety or welfare or materially injurious (e.g., negative affect cZ Ell property values or resale(s) of property) to the properties improvements in the vicinity; and I Before issuance of any permits, e proposed project required tocomply t conditions within the ap• and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or i . raprovements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); i _ V7TVnmenTa1 000711y.477 (CE0A), Section 1530 1 (e), the City has determined that the project identified above in this Resolution categorically Furthermore, ,,t ter_.•" the categoricalexemption reflects the ie•e• ent judgement of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following • • •j plan,(a) The project shall substantially conform to site plan, grading plan, floor lsections,r •. •' •,.. plan,..i colors/materials board collectively labeled as Exhibit "A" dated July 8, 2003, as submitted and approved by the Planning Commission, and as amended (b) The site shall be maintained in a condition, which is free of debris both during and after• . i addition, or i . ... • . of entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only . property owner, applicant or by . duly permitted waste contractor, who has been authorized by the City to provide collection, transportation,w • disposal of solid waste from residential, commercial, construction,s • industrial areas r be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such (c) All landscaping/irrigation shall be installed prior to the project's final inspection or Certificate of Occupancy issuance. All landscaping shall be maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or drying vegetation and broken or 5 defective decorative elements of the landscape 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 of the immediate neighborhood, Overgrown vegetation that becomes a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. (d) Prior to the issuance of a building permit, the property owner shl complete and record a "Covenant and Agreement to Maintain a Sing Family Residence" on a form to be provided by the City. The covena shall be completed and recorded with the Los Angeles County Recorder's Office. (e) Prior to construction, the applicant shall install temporary constructil fencing pursuant to the building and Safety Division's requiremen along the project perimeter. (f) All rear retaining wall shall not exceed an exposed height of six feet Retaining walls/walls within the front yard setback shall not exceed 42 inches in height. (g) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Finish surface and finished grade; and (5) Retaining wall elevations at top of wall and finished grade both sides of the wall, calculations and detail to show hol runoffs behind the retaining wall will be mitigated. i (h) Before the issuance of any City permits, the applicant shall submit erosion control plan for the City's review and approval. The erosi• control plan shall conform to National Pollutant Discharge Eliminati System (NPDES) standards and incorporate the appropriate Be Management Practices (BMP's). Addonally, the applicant sh obtain the necessary NPDES permits. applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. The proposed residence shall comply with the State Energy Conservation Standards. (k) Surface water shall drain away from the proposed residence at a two - percent minimum slope. no The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame o -r members under the fire. (2) All unenclosed 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 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with -sash R`•• (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (n) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (o) All balconies shall be designed for a 40 -pound per square foot live load. (p) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (q) The single-family residence shall not be utilized in a manner thall creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (r) Applicant shall obtain an Encroachment Permit from the Public Works Division for any dumpster/container placed in the public right-of-way. 7 of the highway facilities (e.g. sidewalks, driveway approach, pavement, etc.) damaged by this project's construction. (t) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (u) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of 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, school fees and fees for the review of submitted reports. (v) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's 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. UI'll "1 11 i 'I b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Chiehh-Shih Wang, 24108 Cromarty Drive, Diamond Bar, CA 91765, and Kamen Lai, 8748 Valley Boulevard, #K, Rosemead, CA 9177o APPROVED AND ADOPTED THIS 8TH OF July 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. in 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of.July 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 9 CITY OF i T;. COMMUNITY &WIP DEPARTMENT/Plannin+ Division 21825 E. Copley D ri Diamond Bar, CA 91765 Phone (909)396-5676 Fax (909)861-3117 Record Owner Applicant Name l r (Last name first) (Last nam first) City Zip C ' 1 I r \' Phone�`�� FaxZ- Applicant's ,agent LAI L (Last name first) T. n.. r, Phone (l=Q Fax (l :�,)L ,� i u + 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 pannerships, joint ventures, and directors of corporations.) Consent of Owners: l certify that 1 am the owner of the herein -described props and permit the applicant to Me request. Print Name ,A, recorc ow -hers Stanec `"� ' � � • rr, recorc owns s ®ate CJ ;ertification of Applicant: 1, the undersigned, hereby certify under penalty of perjury that the inf® irovided is correct to the best of my knowledge.ation hein %rent Name (Applicant or'Ayent) �e (A rmcant or ocatior. , (Street aaaress or tract ming I, - - •- nt) lot number) ®ate G G ®' House`Numbering Map/aerial ! i i o 6 Previous cases °� 5 7,z -esent Use of Site - f' rC ie appi(ed for - — -• i r r�C1i_C li 1111111111111 41177SK1111T il IT"W" T LEGAL DISCRIPTION (All ownershiD coirj-wriQiwu- ilk 7Q:L P7 Area devoted to structures q,23 % Landscaping/Open space % Project Size/(gross square feet): Lot Coverage % Proposed density (Units/Acres) Style of Architecture m'nkpr / T -412, Number of Floors Proposed Slope of Roof Grading If Yes, Quantity Cut Fill Import n If Yes, Quantity ExPor,, rJ If Yes, Quantity Retaining Walls Maximum Exposed Height Complete pages 3 and 4 Burden of Proof 0 ii •i � �. � c. �; �'� � r� .„� ` ,fit . �» � � m, r ;. 7-1*1011101 1. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; IT •'. L /vim y_ t - - t> . > � !:'91� 1 � lac i �-•` � . I T G -',� I The architectural design of the proposed development is compatible with the character of the surrounding neiohborn000 and will maintain and enhance the harmonious, orderly and attractive development contemplated by the Development Code, General Plan, or any applicable specific plan; --, - T - -Iv:rIG.N•�.,�a•..� 4 The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as it neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing, and a U > ^-tip cr C l:' i �.iL.(_sr..` - A i.:i \—YT 9 5. The proposed development will not be detrimental to the public health, safety, o*r welfare or materially injuno (e.g., negative affect on the property values or resale(s) of property) to the properties or improvements in tne vicinity. 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, willow, or naturalized California Pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. n (ApplicP t's Si ture) D WDRD-LINDA�FORMS%TREE STATEMENT V (®ate) Date WHEN RECORDED MAIL TO: City of Diamond Bar 21660E. Copley Drive, #100 Diamond Bar, CA 91765 Line For The undersigned hereby certify that Cheih-Shih-ffpng_are the owner(s) of the hereinafter described real property located at 24108 Cromarty Drive in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 20 Tract Map No. 42572 Assessor's Book and Parcel Number: APN 8281-045-067 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used/maintained for single family residential purposes only, and that no portion of the structure(s), or property shall be rented, leased or sold separate and apart from any remaining portions of the property or structure(s). This covenant and agreement shall run with the land and shall be binding upon ,trurselves, 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 ntended 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. :1 M STATE OF CALIFORNIA On this day of 2003 before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by - signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Scale t]6 7 1 • • Site plan found in project file — Development Review No. 2003-02 — 24108 Cromarty Dr., Diamond Bar, Project Meetings Schedule July 8 2003 CITY OF DIAMOND BAR PLANNING COMMISSION PROJECTS Case # PM Location PC 7/8/03 CC 7/15/03 PC 7/22/03 CC 8/1/03 PC 8/12/03 CC 8/15/03 DEVELOPMENT COBE AMENDMENT DCA2003-01 AJL CITY WIDE X WANG, CHIZH-SH1H (Second stor addition) DR 2003-14 AJL 24108 CROMARTY PH DIAMOND BAR WEST LLC/COULD (Single Family Residence) DR 2003-l0 LKS 2878 CRYSTAL MIDGE PH ADMINISTRATIVE REVIEWS Case # PM Location None PENDING PROJECTS Case # PM Location Status AKBAR, ALI (Extend business hours) DR 2001-04(2) LKS/ LG 2020 BREA CYN #a7 APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION— NFORMATIONDI DIAMOND OND BAR PROJECT CO. (Zone Chan e to C-3) ZCA 2002-02 AJL 1035-1035-1/2 PANNING WY APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION CHEUNG, STANLEY (hillside Development - Residential - 49 units on 80 acres) CUP 2002-01 TTM 53430 JDS END OF BLAZE TRAIL & ROCKY TRAIL PROJECT TO BE REVIEWED BY LA COUNTY AND CITY. EIR BACK ON TRACK. NOTICE OF PREPARATION FOR THE EIR - PUBLISHED ON 5/16/03 HORIZON PACIFIC (Five single family residential lots) TM 2002-02 AJL/ JDS VTM 53670 SOUTHERLY TERMINUS OF ON 4/15/03, THE CITY COUNCIL AWARDED A CONTRACT TO BONTERRA CONSULTING FOR TI JE ALAMO HEIGHTS DR. PREPAREATION OF THE EIR JANGBARWALA (Single Family Residence) ADR 2003-12 AJL 24141 LODGEPOLE PROCESSING JEWEL RIDGE ESTATES (Subdivision - 26 residential lots) TM 2002-01 VTTM 54081 AJL TERMINUS AT CROOKED CREEK -SOUTH OF GOLD APPLICANT NO'T'IFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION RUN KING, ANDREW (Single Family Residence) ADR 2003-09 LKS 24021 GOLDRUSII DR. (Tract 31977) PROCESSING ---- MT. CALVARY 1_,UTHERAN (Church/School) CUP 2002-09 LDM 23300 GOLDEN SPRINGS APPLICANT NOTIFIED OF INCOMPLI;IT, --- APPLICATION -WAITING FOR ADDITIONAL INFORMATION LEGEND PI1 = Ptl[31A(' IIEARIN(i X = N01 A Pl BI A( III TIRING Project Meetings Schedule July 8, 2003 ('MAKA I I KTTrPV P. nClm I v I% -r - ' o L�'r-r' fin 1, 1 IVI r- i'q I PENDING PROJECTS Case # PM Location Status (Continued) MURRAY, CAMERON -THOMAS CUP 2002-11 LDM 820 DIAMOND BAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION (Dance Hall[Banquet Facility) WAITING FOR ADDITIONAL INFORMATION S & W DEVELOPOMENT DR 2003-05 LG/ 3145 STEEPLECHASE LN. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION (Single Farmly Residence) AJL WAITING FOR ADDITIONAL INFORMATION S & W DEVELOPOMENT ADR 2003-08 AKL/ 22104 RIM FIRE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION (Single Family Residence) LG WAITING FOR ADDITIONAL INFORMATION S & W DEVELOPMENT DR 2003-09 AJL LOT 1, PM 23382 APPLICANT NOTIFIED OF INCOMPLETE APPLICATION (Single Family Residence) LG WAITING FOR ADDITIONAL INFORMATION SMITH, KEN DR 2002-31 AJL 22909 LAZY TRAIL APPLICANT NOTIFIED OF INCOMPLETE APPLICATION (Remodel and Addition) WAITING FOR ADDITIONAL INFORMATION WINDMILL ESTATES ADR 2003-10 LKS 3128 WINDMILL DR. PROCESSING (Single Family Residence) WINDMILL ESTATES ADR 2003-11 LKS 3068 WINDMILL DR. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION (Single Family Residence) WAITING FOR ADDITIONAL INFORMATION NOTICE OF PUBLIC MEETING, AND . AFFIDAVIT OF POSTING-----_; OSTING . �x'•}• �, hod ., ; is iyi' ' k+ 5 i 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR On July 8, 2003, at 7:00 P.M., the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District, 21865 East Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Stella Marquez declare as follows: I am employed by the City of Diamond Bar. On July 3, 2003, I posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on July 8, 2003, at the following location: 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. Executed on July 3, 2003, at Diamond Bar, California. C 4 Stella Marquez Community and Development Services Department g:\\affidavitposting. doc i Em