The URL can be used to link to this page

Home My WebLink About07/24/2001July 24, 2001 7:00 P.M South Coast Air Quality Management District Auditorium 21865 East Copley Driv'e Diamond Bar, CA Chairman Bob Zirbes Vice Chairman Joe Ruzicka Commissioner George Kuo Commissioner Steve Nelson Commissioner Steve Tye 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 cal; (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title // of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission 1011114 IN NO PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing. to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to ,he posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 396-5676 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us Next Resolution No. 2001-26 PLANNING COMMISSION CITY OF DIAMOND BAR Tuesday, July 24, 2001 AGENDA PLEDGE OF ALLEGIANCE: 1 ROLL CALL: COMMISSIONERS: Chairman Bob Zirbes, Vice Chairman Joe Ruzicka, George Kuo, Steve Nelson, and Steve Tye. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: - 4.1 Minutes of Regular Meeting: July 10, 2001- 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING: None. July 24, 2001 Page 2 PLANNING COMMISSION 8. PUBLIC HEARING: 8.1 Variance No. 2001-06 (pursuant to Code Sections. 22.54) is a request to construct a wrought iron perimeter fence and entry gates that will exceed the maximum allowable height within the front setback. PROJECT ADDRESS: APPLICANT: 2859 Watercourse Drive Diamond Bar, CA 91765 Mr. Liu 2859 Watercourse Drive Diamond Bar, CA 91765 Rodney Tapp 351 S. Thomas Street Pomona, CA 91766 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(e), the City has determined that this project is categorically exempt. RECOMMENDATION: Staff recommends that the Planning Commission approve Variance No. 2001-06, Findings of Fact, and conditions of approval, as listed within the resolution. 8.2 Tentative Parcel Map No. 26235 (pursuant to Code Section 21.20) is a request to approve the subdivision of two parcels totaling 5.5 acres into three parcels for the fL:".'ure construction of three custom single4amily homes. 1:106JU43 0 1 Oak Knoll Drive Diamond Bar, CA 91765 C & A Developers 3480 Torrance Blvd., Suite 300 Torrance, CA 90503 APPLICANT: Diamond Bar East Partners 3480 Torrance Blvd., St. 300 Torrance, CA 90503 July 24, 2001 Page 3 PLANNING COMMISSION ENVIRONMENTAL DETERMINATION: Master Environmental Impact Report No. 91-2 (MEIR) was prepared in conjunction with Vesting Tentative Tract Map (VTTM) No. 48487, which contains the subject property. The VTTM was approved and the MEIR certified by City Council on June 2, 1992, by adoption of Resolution No. 92-34. The environmental evaluation shows that the proposed project is consistent with the previously certified MEIR for Tract Map No. 48487 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environmental review is necessary. RECOMMENDATION: 'Staff recommends that the Planning Commission approve Tentative Parcel Map No. 26235, Findings of Fact, and conditions of approval, as listed within the resolution. 8.3 Conditional Use Permit No. 96-10(2) and Development Review No. 96-09(2) pursuant to Code Sections 22.66.060 is a request to renew an existing Conditional Use Permit and Development Review approved by the Planning Commission on August 25, 1998, for three years. The Planning Commission approval allowed *the installation of the unmanned wireless telecommunications facility, which is currently operational. PROPERTY ADDRESS: 24401 Darrin Drive (Lot, 51, Tract No. 42584) Diamond Bar, CA 91765 PROPERTY OWNER: Eric and Robin Stone 24401 Darrin.Drive, (Lot 51, Tract No. 42584) Diamond Bar, CA 91765 APPLICANT: Cox PCS Assets LLC/Cingular Wireless 4683 Charbot Drive, #100 Pleasanton, CA 94588 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(e), the City has determined that this project is categorically exempt. July 24, 2001 Page 4 PLANNING COMMISSION RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 96-10(2), and Development Review No. 96-09 (2), Findings of Fact, and conditions of approval, as listed within the resolution. 8.4 Development Review No. 2001-09 (pursuant to Code Section 22.48.020.A.) is a request to construct a two-story single family residence with a four -car garage, porch, patio and balcony for a total of approximately 14,052 square feet. PROJECT ADDRESS: 2817 Crystal Ridge Road (Lot 26 of Tract No. 47850) Diamond Bar, CA 91765 PROPERTY OWNER/ Diamond Bar West, LLC APPLICANT: 3480 Torrance Boulevard, Suite 300 Diamond Bar, CA 91765 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15162(a), theCity has determined that this project is consistent with the previously . certified Environmental Impact Report No. 91-2 for Tract Map No. 47850. Therefore, no further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2001-09, Findings of Fact, and conditions of approval, as listed within the resolution. 9. PLANNIN'.3' COMMISSION COMMENTS: 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. July 24, 2001 Page 5 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: Ix 0-wol 0 a & 111,01 a 1 0 1: 1 TRAFFIC AND TRANSPORTATION COMMISSION MEETj'NG: CITY COUNCIL MEETING: ADMINISTRATIVE REVIEW: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: • 12. ADJOURNMENT: Wednesdays 6:30 p.m..— 8:00 p.m. Sycamore Canyon Park, 22930 Golden Springs Drive July 25 - The Ravelers (Classic 60's & 70's) August 1 — Chico (Latin) Thursday, August 9, 2001 — 7:00 p.m. AQMD Board Hearing Room 21865 E. Copley Drive Tuesday, August 7, 2001 — 6:30 p.m. AQMD Auditorium 21865 E. Copley Drive Tuesday, August 14, 2001 — 6:00 p.m. AQMD Auditorium 21865 E. Copley Drive Tuesday, August 14, 2001 — 7:00 p.m. AQMD Auditorium 21865 E. Copley Drive Thursday, July 26, 2001 — 7:00 p.m. AQMD Board Hearing Room 21865 E. Copley Drive Saturday, August 25, 2001 — .,:00 p.m. Quakes Stadium MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 10, 2001 CALL TO ORDER: Chairman Zirbes called the meeting to order at 7:05 p.m. in the South Coast Air. Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Ruzicka. 1. ROLL CALL: Present: Chairman Bob Zirbes, Vice Chairman Joe Ruzicka, and Commissioners George Kuo, Steve Nelson and Steve Tye. Also Present: Ann J. Lungu, Associate Planner; Linda K. Smith, Development Services Assistant, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of June 26, 2001. VC/Ruzicka moved, C/Nelson seconded, to approve the -minutes for the regular T -me 26, 2001 meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None. JULY 10, 2001 PAGE 2 PLANNING COMMISSION Gill 7. P 6.1 General Plan Annual Report. Government Code Section 65400(b) requires that an annual report be presented to the local legislative body, the Governor's Office of Planning and Research, and the Department of Housing & Community Development on the status & progress of the implementation of the General Plan. AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission receive the General Plan Annual Report and direct staff to forward a copy to the City Council for review. VC/Ruzicka moved, C/Tye seconded, to receive and file the General Plan Annual Report and direct staff to forward a copy to the City Council for review. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS CONTINUED PUBLIC HEARING: PUBLIC HEARING: None Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes None None 8.1 Development Review No. 2001.04(1) and Minor Variance No. 2001-09(1) (pursuant to Code Sections 22.66.060(A)(3)) is a request for a revision of hours of operation for the public from 11:30 a.m. to 10:00 p.m. on Saturday and Sunday. Current hours of operation are 5:30 p.m. to 10:00 p.m. daily: Additionally, the applicant requests to use the premises from 10:00 a.m. to 5:30 p.m. '10r food preparation and the taking of reservations and catering orders. PROPERTY ADDRESS APPLICANT: 2020 Brea Canyon Road, Suite A-7 (Lot 180, Tract 30578) Diamond Bar, CA 91765 Nathaniel Williams 3029 Wilshire Boulevard #202 Santa Monica, CA 90403 Ali Akbar 8481 Holder Street Buena Park, CA 90620 JULY 10, 2001 PAGE 3 PLANNING COMMISSION DSA/Smith presented staff's report. Staff recommends that the planning Commission approve Development Review No. 2001-04(1) and Minor Variance No. 2001-09(1), Findings of Fact, and conditions of approval as listed within the resolution. David Catlan, applicant's agent, said he did not believe the parking would be an issue inasmuch as the center is not as heavily parked during the weekend. Mr. Akbar has agreed not to open his restaurant to the public until 11:30 a.m. on Saturday and Sunday. Mr. Akbar stated he would not enter the premises on Saturday or Sunday until 11:00 a.m. C/Tye asked why the applicant would need to enter the premises at 10:00 a.m. to begin serving the public at 5:30 p.m. on weekdays and only need to enter the premises '/z hour before'-,opering on Saturday and Sunday. David Catlan, speaking for Mr. Akbar, responded to C/Tye that the reason he arrives early (during the week) is to take reservations and only he and possibly one other person would be at the restaurant during that time. Chair/Zirbes opened the public hearing. Peggy Guess, 2020 Brea Canyon Road #A5, asked who enforces the restrictions and if there is a violation who can she call to report the incident. Chair/Zirbes referred Ms. Guess to the City's Code Enforcement officer, A] Flores. Chair/Zirbes closed the public hearing. C/Kuo recommended that the operating hours on Saturday and Sunday begin at 10:00 a.m. for unifoririity. David Catlan explained that the food for the catering portion of the business is prepared on- site ;end t311-ing to other locations for consumption. He plans to have four people at the location on the weekends to prepare food for the catering portion of the business, which is almost entirely the weekend business. Chair/Zirbes said he believes the resolution should focus on the hours of operation when the restaurant is open to serve the public to wit: 5:30 p.m. to 10:00 p.m. Monday through Friday and 11:30 a.m. to 10:00 p.m. on Saturday and Sunday. VC/Zirbes moved, C/Nelson seconded, to approve Development Review No. 2001-04(1) and Minor Variance No. 2001-09(1), Findings of Fact, and conditions of approval as listed within the resolution subject to the following: The hours of operation when the restaurant is open to serve the public shall be from 5:30 p.m. to 1000 p.m. Monday through Friday JULY 10, 2001 PAGE 4 PLANNING COMMISSION and 11:30 a.m. to 10:00 p.m. on Saturday and Sunday. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None* ABSENT:' COMMISSIONERS: None 8.2 Development Review No. 2000-01(1), Variance No. 2000-01(1) and Minor Variance No. 2000-01(1) (pursuant to Code Sections 22.60.050.C.) , is a request for an extension of time for a project approved by the Planning Commission on February 8, 2000. The Planning Commission approval allows the construction of a two-story single family residence of approximately 15,602 square feet with a basement, balconies, six -car garage and indoor and outdoor swimming pool/spa, pool equipm!-,�tt/restroom structure, and te- onis court. The Variance allows a reduction in setbacks for the residence, pool equipment, restroom structure and tennis court. It also allows tennis court fencing in excess of 6 feet in height and retaining wall in excess of 42 inches in height within the front yard setback. The Minor Variance allows the construction of two cupolas that extend 2.5 feet above the maximum 35 -foot height permitted for a residence. The extension of time, if approved, will allow the continuation of this entitlement until February 8, 2003. PROJECT ADDRESS: PROPERTY OWNER: 22840 Ridgeline Road (Tract No. 30091, Lot 156) Diamond Bar, CA 91765 Mr. and Mrs. Wen Chang 1011 Summitridge Road Diamond Bar, CA 91765 APPLICANT: Ku and Associate,' Inc. Habitant Development Corporation 18725 E. Gale Avenue #217 City of Industry, CA 91748 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission approve the one-year extension of time for Development Review No. 2000-01(1), Variance No. 2000-01(1), and Minor Variance No. 2000-01(1). Tom Lau, Ku Associates, stated the owner wishes additional time to review the project and resolve the engineering issues. Chair/Zirbes opened the public hearing. JULY 10, 2001 PAGE 5 PLANNING COMMISSION There being no one who wished to speak on this matter, Chair/Zirbes closed the public hearing. C/Tye moved, VC/Ruzicka seconded, to approve the one-year extension of time for Development Review No. 2000-01(1), Variance No. 2000-01(1), and Minor Variance No. 2000-01(1). Motion carried by the following Roll Call vote: AYES: COMMISSIONER& NOES: COMMISSIONERS: ABSENT: COMMISSIONER& Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes None None 9. PLANNING COMMISSION COMMENTS: C/Tye said that he intends to attend the Parks and Recreation Commission meeting on June 28 and congratulate them on the spectacular July 4 event. 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. As detailed in the agenda. 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Zirbes adjourned the meding at 7:43 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Bob Zirbes 41 City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 8.1 REPORT DATE: July 11, 2001 MEETING DATE: July 24, 2001 CASEXILE NUMBER: Variance No. 2001-06 APPLICATION REQUEST: A variance to construct within the front setback: a wrought iron fence of five -feet (5') in height supported by six foot (6') pilasters, and entry gates and connecting, masonry entry walls and Z:� I-) pilasters to a maximum height of ten feet PROJECT LOCATION: 2859 Watercourse Drive Diamond Bar, CA 91765 PROPERTY OWNERS: Mr. Ming Ching Liu and Yang Cheung C� 2859 Watercourse Drive Diamond Bar, CA 91765 APPLICANT: D. Rodney Tapp 351 S. Thomas Street Pomona, CA 91766 BACKGROUND: The property owners, Ming Ching Liu and Yang Cheung, and applicant, Rodney Tapp have Ching C) C'n submitted an application for Variance No. 2001-06. The applicant is requesting a variance for the height of the front entry gates and related masonry walls and pilasters, and height of the wrought iron perimeter fence to be located within the front yard setback. The project site is located at 2859 Watercourse Drive and is comprised of approximately 65,011 gross square feet of land, or approximately 56,600 net square feet after deduction of the public street rights-of-way. Construction is currently in progress for development of an approximate 20,000 square foot two-story single-family residence with detached multi -car garage, tennis court, gazebo and pool. The site contains approximately 262 linear feet of street frontage. The project site is zoned Single Family Residential - Minimum Lot Size 20,000 square feet (R-1, 20,000). Its General Plan Land Use Designation is Rural Residential (RR). Generally, the land uses surrounding the subject property include single-family residential (R-1, 20,000/RR) on the north, east, south, and west. ANALYSIS: Review Authority Pursuant to Chapter 22.44.020 of the Development Code, the Planning Commission is designated with review authority for this Variance Application request. Development Standards The following is a comparison of the City's development standards as delineated under Chapter 22.20 of the Development Code, and the requested variance from proposed development standards established for the required 30 foot wide front yard setback: City's Required Development Standards Proposed Project I Maximum Height of Fences: Proposed Height of Fences: Rear and Interior side yards — 6 feet Rear and Interior side yards — 6 feet Front and Street side yards — 42 inches Front yard — wrought iron fence of 5 feet (5') in height supported by six -foot - high pilasters (6'), with a transition to a formal entry defined by a solid masonry wall rising from an eight -foot high pilaster to a maximum height of I 10 feet. An ornate wrought iron double entry gates of 20 feet in width and a maximum height of 91/z feet. IN Proposed Proiect Description The project site is a residential property currently under development. The proposed project is the construction of approximately 322 linear feet of front yard fencing. The width of the parcel is approximately 262 feet. The proposed fence is to be located approximately five feet from the front property line. The fence returns 25 feet to the setback line along the north property line and approximately 5 feet along the south property line. The total length of fence under consideration is. approximately 292 linear feet. The fence is 5 feet high, the pilasters are 6. feet high and the 60 -foot long masonry and wrought iron formal entry treatment rises from 8 feet to 10 feet in height. Application of the fence height limitations required under Chapter 22.20 of the Development Code could'create an incongruity of scale between the site improvements and the accessory fencing. Application of the 42 -inch fence height limitation within the front setback could further impose limitations on development of the site relative to containing the amenities afforded. aT..id enjoyed by surrounding property owners. The applicant has submitted photograph.,- of similar fencing amenities that he believes exist within the surrounding neighborhood. The photographs are attached for your review. Staff is suggesting that the wrought iron fence not exceed 5 feet in height. The masonry pilasters should not exceed a height of six feet. The formal entry gate should not exceed a height of eight feet. The vehicular access gates should be set back at least 24 feet from the edge of the public/private roadbed. With the proposed modifications the staff is suggesting that the following findings of fact can be made: The proposed fencing and associated entry treatment is an improvement that exists at a similar scale on a number of residential properties of similar size, zoning, and configuration surrounding the site. Granting of the Variance will provide for an equitable application of this property.right. Additionally, the proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan. The proposed project improvements are contained within the confines of the property and- are ndare considered minor in nature. As such, the improvements will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. CONCLUSION: The proposed improvements when modified as suggested, are similar to those enjoyed by surrounding residential properties, and would be in scale and compatible with existing improvements on properties of similar zoning, size and configuration within the neighborhood. With respect to this application request, the Planning Commission has the option to do the following: 1. Approve a resolution of approval with or without conditions. 2. Continue this project to a future public hearing date in order to allow the applicant time to submit a re -designed project pursuant to direction received from the Planning Commission. 3. Direct staff to prepare a resolution of denial. NOTICE OF PUBLIC HEARING: On July 6, 2001, this item has been advertised in the San Gabriel Valley Tribune and the Inland ValleDaily Bulletin. On July 12, 2001, notices were mailed to approximately 42 property owners within a 500 -foot radius of the project site. On July 13, 2001, a notice of public hearing on a display board measuring at least four foot by six foot was posted at the project site and displayed for at least 10 days before the public hearing, and a notice of public hearing was posted at three public places. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(e), "New Construction or Conversion of Small Structures — Accessory Structures," the City has determined that this project is Categorically Exempt. RECOMMENDATION: Staff recommends that the Planning Commission approve Variance No. 2001-06, Findings of Fact, and conditions of approval, as listed within the resolution. REQUIRED VARIANCE FINDINGS: There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development Stan; lards; Granting the Vari, ;ice is necessary for the preservation and enjoyment of substantial property rights possessed b-,- other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; Granting the Variance is consistent with the General Plan and any applicable specific pian; 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and 2 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: LDM Associates ATTACHMENTS: 1. Draft Resolution of Approval; 2.. Exhibit "A" — site plan, elevations, site photographs; and 3. Applications. DRAFT PLANNING COMMISSION RESOLUTION NO. 2001 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2001-06 AND A CATEGORICAL EXEMPTION FOR A REQUEST TO CONSTRUCT A WROUGHT IRON AND PILASTER FENCE, ENTRY GATES, MASONRY WALLS, AND RELATED PILASTERS. WITHIN THE FRONT SETBACK OF A SINGLE FAMILY RESIDENCE. THE PROJECT SITE IS LOCATED AT 2859 WATERCOURSE DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS.m The applicant, Rodney Tapp, acting as the agent i -or property owners Ming Ching Liu and Yang Cheung, has filed an application for Variance No. 2001-06 for a property located at 2859 Watercourse Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Variance and Categorical Exemption shall be referred to as the "Application." 2. Notice of the public hearing has been posted, published and mailed in a manner prescribed by the Diamond Bar Development Code. 3. On July 24, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15303 (e). - Furthermore, the Categorical Exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission declares that the information in the Staff Report and the testimony given at the public hearing are incorporated in this resolution and comprise the basis upon which the findings have been made. NIK, Xi M2 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is a 65,011 square foot residential property located at 2859 Watercourse Drive and it is currently under development. The proposed project is the construction of approximately 292 linear feet of five foot (6) high wrought iron fencing, six foot high masonry pilasters, and .approximately 60 linear feet of formal entry statement consisting of an eight to ten foot high masonry wall with a twenty -foot wide, nine and one-half foot high wrought iron gate within the required 30 foot wide front yard setback. (b) The project site has a General Plan land use designation of Rural Residential (RR). (c) The project site is zoned R-1-20,000. (d) Generally, the site is sum)unded to the north, south, east and west with R- 1-20,000 zoned property.-. Variance (e) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; The R-1-20,000 zone provides for residential parcels with minimum lot sizes of one acre, and residential densities of one unit per lot. The improvements being constructed on the property are comprised of a 20,000 square foot two-story single family residence and appurtenant accessory structures ,.ind site amenities. Application of the fence height limitations required un,.Jer Chapter >2.20 of the Development Code would create an incongruity of scale. between the site improvements and the fencing. Application of the 42 -inch (42") fence height limitation within the front setback would further impose limitations on development of the site relative to containing the amenities afforded and enjoyed by surrounding property owners. M Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; F" The proposed project as modified is an improvement that exists on a number of residential properties of similar size, zoning, and configuration surrounding the site. Granting of the Variance will provide for an equitable application of this property right. (g) Granting the Variance is consistent with the General Plan and any applicable specific plan; The proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan. (h) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed project improvements are contained within the confines of the property and are considered minor in nature. As such, the improvements will not be detrimental to. the public interest, healt'i,, safety, convenience, or welfare of the City. (i) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The project has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), and the City has determined that the project is Categorically Exempt under the authority of Section 15303 (e). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to the submitted plans presented to the Planning Commission, and as such plans are amended herein. (b) The maximum height of the fence and its components shall conform with the following, as measured from ,finished grade: wrought iron fencing shall not exceed a maximum height of five -feet (6), masonry pilasters shall not exceed a height of six -feet, the masonry entry and associated wrought iron grates shall not exceed a height of eight -feet. I (c) Construction plans, inclusive of design details and final elevations shall be submitted to the Planning Division, and are subject to approval by the. Deputy City Manager prior to acceptance for building department plan check. (d) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, the applicant or by a duly permitted waste contractor, who 3 has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (e) Construction Plans shall conform to -State and Local Building Codes (i.e., 1998 'editions of the Uniform Buildin'g Code, Plumbing Code, Mechanical Code and 1998 edition of the National Electrical Code) as well as the State Energy Code. This entitlement is valid for one year and must be exercised (i.e. construction started) within that period or this entitlement shall automatically expire. A six-month extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (g) This grant shall not be effective for any purpc,3e until the permittee and owner of the property involved (if other than the permittev) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Co that 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 applicable City processing fees, school fees and other associated fees for the review of submitted reports. (h) All requirements of the Development Code and the underlying zone district shall be complied with unless modified by this entitlement. The Planning Commission shall: . (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Rodney Tapp, 351 South Thomas Street, Pomona. CA 91765, and Mr. Ming Ching Liu and Yang Cheung, 2'859 Watercourse Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 24'h OF JULY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Chairman Bob Zirbes CI U"RA F. T I, James DeStefano, Planning Commission Secretary, do hereby certify that the. foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 24'h Day of July 2001, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: James DeStefano, Secretary 61 07/03/2001 11:39 9096226917 LAND DESIGN :- �/I PROJECT-SI]TE-, TRAa 47M V K I N ITY M-Ap PROPOSED RESIDENCE FUH: MING ,CHI G LIU & YAN CHEUNG CRYSTAL RIDE ESTATES PHASE II 2859 WATER COURSE DRIVE DIAMOND BAR., CA. PARCEL Fj6TRAC.T 47850, Co.. QF LGS ANGELES I NOIIVA313J.SV3 Kom =:)Cil IUJ d--J-LVM 30NMIS3unn 1�7 i�_ �_ ` -r - V. at 2U 02 � ' J J— Kom =:)Cil IUJ d--J-LVM 30NMIS3unn 1�7 i�_ �_ ` -r - V. at .16 T tip "Oki, ®r - R t4 `•.'tib':. � �� ` 5 � . « . u�z u�z 04 MW ,F ytt fii4�4'9^�'�1'Y�T.•LS� T1u.. ^.tC Smlib ZY. �.'... �.'.s _ >, ' (tsa at..:'Sm.. Y.,yl...c{' x�;s.:Jm•, . .. y. n , A � ,� G, �s�s+�% ,>•x;. ._fit �. ,:yy4��y,��t��3 i :„fit. ' •�y��?.�, t ,. p .+"; . nnc;. :" ..�.. � .. - "CY�,� T RRLz � NOR ' ? lb�l F.. ice.•, :. �� •��bwf a. ar' rte[', �� ' i'M�'",i� Adjacent Properties Gate Precedents LIU RESIDE --NCE 2859 WATERCOURSE DR. DIAMOND BAR, CA 91765 NOTE: The young woman pictured is exactly 5'-0" tall. All properties fall within a 700 foot radius of 2859 Watercourse Dr.. 2898 Vista Court -4*G 2888 Vista Court 2896 Vista Court ft - 2888 Vista Court 411 2858 Grystal Ridge . 7i 1 FN : --- .1 1"-, 2898 Vista Court -4*G 2888 Vista Court 2896 Vista Court ft - 2888 Vista Court 411 2858 Grystal Ridge . .� �r► CITY G DIAMOND BAR CObMUNITY. DEVELOPMENT DEPARTMENT 21660 E. Copley Drive Suite 190 W -*4 09)396-5676 Fax (909)861-3117 ARIANCE APPLICATION Record Owner Name L i u M - (Last name first) Applicant L-lu Miz: (Last name fust) Address 2 -11FQ! W;Ilqtim5e 2��i� U 'i fr Co I Si✓ Case# Jk4 �k FPL #7- Deposit $ By eip� f� Date Recd Applicant's Agent -V-9f • I lct)Nf?� (Last name fust) City W�`l�lr alt zip 0) RIO 75 Cl G� (461 Phone( ) Phone( ) Phone" (pZ-Z- /4-7 -Z— NOTE: NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I cert;& that I am the owner of the herein described property and permit the applicant to file this request. Signed'., = �z --�'� Date (All record owners) Certification: I, the undersigned, hereby certify underpenahy of perjury that the information herein provided is correct to the best of my knowledge. Print Name t7 -pp . 4-01 we>P 7,74ep Agent) Signed_ Date ® - gent) e{k��_ Location ?` e- - (Street address or tract and lot number) between (Street) and Zoning j 11 _• .. ^„ . HNM 4 Project Size (gross acres) Previous Cases / ' k. -n_ Present Use of Site Project Density (Street) Domestic Water source Company/District Method of Sewage Disposal Sanitation District Grading of Lots by Applicant? YES NO Amount (Show necessary grading design on site plan or tent. map) LEGAL DESCRIPTION (All ownership comprising the proposed lots/project). If petitioning for zone change, attach legal description of exterior boundaries of area subject to -the change.) Project Site: Grow Area No. of Lots Area devoted to Structures open Space Residential project: and Grow Area No. of flo"M Proposed Density Units/Acres Number and types of Units Residential Parking: Type Required Provided Total Required Total Provided VARIANCE CASE -BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission, the following facts: A. That the requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare or persons residing or working in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3... Jeopardize, endanger or other -wise constitute a menace to the public health, safe* ty or general welfare. The position of the design elements allows for adequate sight distance for vehicle intersection -P and in all ways is a positive -design 6.1ement for project and neighborhood. B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and Other development features prescribed in this Ordinance, or as is otherwise required in order to integrate said use with the uses in the surrounding area. The 20,000 sq. foot house with extended portico will be complimented with a more signifeoant entry statement. 30" cols, 8" high decore gates are typical Tor Tne neignDornoou ;TnCl COMPItMellL Me site elements. C. That the proposed site is adequately served: I By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. The site is adequately served by such facilities Improvements are proposed to compliment adjacent development. D. That them are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which am not generally applicable to other properties in the same vicinity and under identical zoning classification. The combination of .-2: lots for purposes of building a 20,000 sq.foot residence with access to the local street is best served, Visually and physically with the increased r� E. That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone. Setbacks vary within the neighboryt,ngr- roperties. The upscale home 2 story of 20,008 sq. ft. meets the 30' setback requirements. There is need to increase the scale for vehicle entry & give elegance with F. _ .That.the greeting -of the variance will not be -materially detrimental to the public welfare or be injurious g a t i n g . to other property or improvements in the vicinity and zone. As noted with the attached photographs, the purpose is to compliment the neighborhood in character. U)w m� D m n < T. > O o LIU RESIDENCE s LAYOUT GRADING j I- a�� - R: 2859 MATER COURSE SITE PLAN a -DIAMOND BAR, `CA -91765 �Z v z 2 T_ my mm G) m z 0 U)w m� D m n < T. > O o LIU RESIDENCE s LAYOUT GRADING j I- a�� - R: 2859 MATER COURSE SITE PLAN a -DIAMOND BAR, `CA -91765 HI J4 o € Zai g� §.E ��'z �a ag'g°JI E pili s m 4°b 1� a �� c e 10 1 a ® � is rj) CJ2 � b cl)W mo W T D0 Z D v $ n _ SIU RESIDENCE _ — (�� 0 m TREE&LIGHTING . �M 1 2859 WATER COURSE PAN DIAMOND BAR, CA 91765 Z° s ffi � S �IT '-1-z -ma mA. i O $ n _ SIU RESIDENCE _ — (�� 0 m TREE&LIGHTING . �M 1 2859 WATER COURSE PAN DIAMOND BAR, CA 91765 Z° s -i CD nmi � D v LIU RESIDENCE SHURB PLAN 2859 WATER COURSE m § DIAMOND BAR, CA 91765 Hilll I. Ilt O m z 0 66 gg aa R gg Ti 8888 ii 666 S � 5 {� 1 b en dt n gE-g: :s snYxYtnseagaaagtyYbaab� F -i CD nmi � D v LIU RESIDENCE SHURB PLAN 2859 WATER COURSE m § DIAMOND BAR, CA 91765 om O z 0 �* D Po oc >;o c9 En m mpu pu LIU RESIDENCE 2859 WATER COURSE DIAMOND BAR, CA 91765 l EAST ELEVATION o!'I l. IN 1, LO (D W �rn Z=OV z ow Y Lu m m W QZ LLJ U -)a J No 1 1 'as yd W 1 0� .,,,,.,.,........_., - 1 ""` .� m ® r o W .00 a / m / / W 1 U cYi ® W 1 Q m F 2 W v =� 0 M I U tY F W '0 01 t.-} Om 1 zm 1M < I mK X` wED 1t 1 44Q 1 W O0b ' ~u� lope,�1 t "iii VI Cri 01 m W AGENDA ITEM NUMBER: W-4 City of Diamond Bar PLANNING COMMISSION Staff Report REPORT DATE: July 13, 2001 MEETING DATE: July 24, 2001 CASE/FILE NUMBER: Tentative Parcel Map No. TPM 26235 The applicant has submitted an application for TPM 26235 and is requesting approval of plans to subdivide two parcels totaling 5.5 acres into three parcels having a minimum of one acre (1 ac.) each of land area for the future construction of three custom single-family homes. PROJECT LOCATION: Oak Knoll Drive (Lots 12 & 13 of Tract 48487) PROPERTY OWNERS: C & A Developers 3480 Torrance Blvd., Suite 300 Torrance, CA 90503 APPLICANT: Diamond Bar East Partners 3480 Torrance Blvd., Suite 300 Torrance, CA 90503 I ix,41111012611P I The applicant, Diamond Bar East Part,srs; and property, owner, C & A Developers, have submitted an application for Tentative Parcel Map 26235 and are requesting the approval of plans to subdivide two lots totaling 5.5 acres, into three lots. The project site consists of lots 12 and 13 of Tract 48487, which are located on the southwesterly side of the terminus of Oak Knoll Drive. The General Plan Land Use designation is Rural Residential (RR) and the zoning is Heavy Agriculture (A-2-2). Surrounding development consists of custom single-family homes with minimum lot sizes of 1 acre within the A-2 zone, and minimum lot sizes of 20,000 s.f. within the R-1-20,000 zone. The subject parcels were previously addressed in Vesting Tract Map 48487 (VTM). That project consisted of the creation of fifteen (15) custom home lots upon a 19.998 -acre site at the terminus of Windmill Drive. The tract map approval incorporated development conditions and monitoring measures necessary to ensure that the provisions of the certified Master Environmental Impact Report 91-2 are implemented. In' late 2000, BonTerra Consulting prepared a five-year Mitigation Monitoring Program. City Council approved the Vesting Tract Map in the 1990's and it was subsequently recorded. Biological mitigation monitoring was implemented at the initiation of grading. The site is being graded for the future development.of single-family homes. ,GENERAL PLAN AND ZONING The project site is zoned Heavy Agricultural (A-2-2). Its General Plan Land Use Designation is Rural Residential (FIR). Generally, the land uses surrounding the subject property include Single -Family Residential, R-1, 20,000 *to the north and west. Property located to the east and south is in the County of Los Angeles (City of Diamond Bar Sphere of Influence) and it has been pre -zoned A-2-2. Vesting Tract Map No. 48487 was approved by the City of Diamond Bar and recorded on October 30, 1995. The zoning of the tract map was a combination of the County of Los Angeles Zones R-20,000 and A-2-2. The t.:.,.undaries of the zone districts are difficult to establish because of the scale of the maps used by the City. T!e subject property (Lots 12 and 13 of Tract 48487) would appear to be zoned A-2-2 because the minimum lot size is 9 -acres. Subsequent to the approval and recordation of the Vesting Tract Map No. 48487, the City of Diamond Bar adopted its Development Code. The Development Code establishes new zone districts and it provides a matrix to show the relationship of the old zone districts (the County zones) to the new zone districts (City of Diamond Bar zones). Section 22.06.040 of the Diamond Bar Development Code establishes the matrix (see Table 2-2 "Zoning Consistency Matrix"). The City's adopted General Plan recognizes the subject property as Rural Residential (FIR). The City is under an obligation to make its zoning and general plan consistent. The City's Development Code establishes Rural Residential Development Code Standards as the applicable category for review of the proposed project (see Section 22.06.040). Chapter 22.04 of the Diamond Bar Development Code establishes provisions for the Interpretation of Development Code Provisions. Section 22.04.020-F-1 indicates that if there is a conflict between the zoning district regulations and allowable land uses, the General Development Standards shall -,ontrol. �9 General Plan designation for the subject property is Rural Residential (RR). The Development Code rection 22-Q6.040) establishes various zones to determine consistency with the land use designation. The General Plan requires that the maximum density be one dwelling unit per acre. The applicable development standards shall be Rural Residential. The staff is suggesting that Section 22.08.040 of the Development Code be used to establish the development standards for the proposed subdivision. The Rural Residential standards have been used for the review. ANALYSIS REVIEW AUTHORITY Pursuant to the City of Diamond Bar's Subdivision Ordinance, the advisory agent is the Planning Commission, who recommends approval, conditional approval, or disapproval of all Tentative Maps to the City Council. K4 TENTATIVE PARCEL MAP The Tentative Parcel Map review is intended to supplement, implement, and work with the Subdivision Map Act (hereafter referred to as "Map Act"), Sections 66410 et seq. of the California Government Code. Map Act Section 66426 requires that any subdivision or re -subdivision of land of this nature shall require the filing and approval of a Tentative Map. The Tentative Map review process is used to evaluate the compliance of the proposed subdivision with the standards detailed in the City Subdivision Ordinance, and the appropriateness of the proposed subdivision design. Furthermore, Chapter 21.22 of the City of Diamond Bar Subdivision Ordinance requires that a parcel map be filed for the subdivision of four or fewer parcels. In compliance with Chapter 21.03 of the Subdivision Ordinance, the City of Diamond Bar is authorized to approve all subdivisions through the approval of a map or other entitlement. SUBDIVISION DESIGN AND DEVELOPMENT The purpose of the established standards for design and layout of the subdivision, and the design, construction or installation of public improvements within the subdivision are to -provide consistency in development in regard to the General Plan, Subdivision Ordinance, and any applicable Specific Plan. As required by State Subdivision Map Act Section 66411.1, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created. The original City Council approval of Tract No. 48487 contained a number of conditions, which remain relevant to the proposed TPM 26235. The applicable conditions and requirements under the Mitigation Monitoring Plan, Biological Mitigation Monitoring, and all unfulfilled conditions of Tract No. 48487 approval will remain in effect. Additionally, the proposed subdivision will adhere to subdivision design and development standards provided in the Subdivision Ordinance, adopted by the City Council in 1999. The following table summarizes the critical dimensions of the three (3) parcels (totaling 5.5 acres) proposed under TPM 26235: Lot No. I GrossNet Pad I Frontage (ft.) Average Average Lot Density Area (ac.) Area (ac.) Area (ac.) to St. VAIdth (ft.) Depth (ft.) (du/grossac.) Centerline 1 1.5 1.3 0.5 245 230 295 .6677 2 1 1.9 1 1.6 1 0.7 1 310 1 264 1 302 1 .526 3 ( 2.1 I 2.0 1 0.8 1 89 I 368 ( 259 I .476 The two parcels that are being reconfigured into three parcels under TPM 26235, are currently as reflected below under approved Tract No. 48487: 3 ENVIRONMENTAL ASSESSMENT: Master Environmental Impact Report No. 91-2 (VTM) (MEIR) was prepared in conjunction with Vesting Tract Map 48487, which contains the subject TPM 26235. The VTM was approved and the EIR certified by the Council on 6/2/92 by the adoption of City Council Resolution 92-34. TPM 26235 proposes changes with regard to lot configuration only, and the proposed project is in substantial conformance with the analysis conducted under the former MEIR. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 21166, the lead agency is prohibited from requiring subsequent reports for a certified project in the absence of substantial changes which would impact the findings of the MEIR, or the introduction of new information which was unknown at the time of MEIR preparation. The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 91.2 for Tract Map No. 48487 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further c,•nvironmental review is necessary. REQUIRED TENTATIVE PARCEL MAP FINDINGS: (a) The proposed map is consistent with applicable General and Specific Plans; (b) The design or improvement of the proposed subdivision is consistent with applicable General and Specific Plans; (c) The site is physically suitable for the type of development; (d) The site is physically suitable for the proposed density of development; (e) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or injure fish or wildlife or their habitat; (f) The design of the subdivision or type of improvements are not likely to cause serious public hea"h or safety problems; (g) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. (This finding may be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgement of a court of competent jurisdiction, and no authority is granted to the review authority to determine that a public at large has acquired easements of access through or use of property within the proposed subdivision); (h) The discharge of sewage from the proposed. subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Board; N. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has provided sufficient information to the satisfaction of the City Engineer or Council that conditions can be corrected in the plan for the development; and (j) The proposed subdivision is consistent with all applicable provisions of the City of Diamond Bar Subdivision Ordinance, the Development Code, and any other applicable provisions of the Municipal Code, and the Subdivision Map Act. MANDATORY CONDITIONS OF APPROVAL: Section 21.20.090 of the City of Diamond Bar Subdivision Ordinance requires that the review authority adopt the following mandatory conditions of approval along with the approval of a Tentative Map: 1. Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivisions. Easements for public utilities shall be limited to those needed to provide service to present and future development; 2. Mitigate or eliminate environmental problems identified through the environmental review process, except where a Statement of Overriding Consideration has been adopted in compliance with CEQA; 3. Carry out the specific requirements of Chapters 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of this Title; 4. Secure compliance with the requirements of this Title and the General Plan; 5. Require that any designated remainder parcels not be subsequently sold or further subdivided unless a certificate or conditional certificate of compliance (Chapter 21.28) is obtained in compliance with this Title; and 6. Require the dedication of additional land for bicycle paths, local transit facilities (including bus turnouts, benches, shelters, etc.), sunlight easements, and school sites, in compliance With Map Act Chapter 4, Article 3, where required by the General Plan. Optional Conditions of Approval Pursuant to Section 21.20.090 of the City of Diamond Bar Subdivision Ordinance, the review authority may also require the following optional conditions of approval: 1. The waiver of direct access rights to any existing or proposed streets; 2. The reservation of sites for public facilities, including fire stations, libraries, and other public uses in compliance with Map Act Chapter 4, Article 4; 7 3. Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; or 4. Any other conditions deemed necessary by the review authority to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with. City ordinances or state law. Prepared by: LDM Associates Planning Consultant ATTACHMENTS: 1. Draft Resolution of Approval; 2. TPM 26235; 3. Tract Map 48487 Overlay for Subject Parcels; 4. City Council Resolution No. 92-34 dated June 2, 1992 5. Applications. 8 PLANNING COMMISSION DRAFT RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO. 26235 AND THE ENVIRONMENTAL EXEMPTION SET FORTH HEREIN FOR A 3 LOT SUBDIVISION LOCATED ON THE SO..UTHWESTERLY SIDE OF THE OF OAK KNOLL DRIVE. IN DIAMOND BAR, CALIFORNIA. A. RECITALS. 1 The property owner, C & A Developers and the applicant, Diamond Bar East Partners, have filed a Tentative Parcel Map Application (TPM No. 26235) to subdivide two parcels totaling 5.5 acres into three (3) lots for the eventual. development of three custom single-family homes. The project site is located on the southwesterly side of Oak Knoll Drive at its terminus in Diamond Bar, California. 2,On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Subsequently the Diamond Bar City Council adopted its Development Code (Title 22) and Subdivision Ordinance (Title 21). Titles 21 and 22 of the Diamond Bar Municipal Code contain the review criteria applicable to TPM 26235. 3. Notification of the Applicant's public hearing has been made in accordance with the provisions of the City's Development Code. 4.On July 24, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on TPM 26235. The public hearing was opened and comments were received. NOW, THERr8rFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1.This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2.The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Map 48487. Pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environmental review is necessary. 3.The Planning Commission declares that the information contained in the staff report and testimony given at the public hearing are incorporated in this resolution and comprise the basis upon which the following findings have been made: (a) The proposed project relates to two partially graded parcels that are vacant and contains approximately 5.5 acres. (b) The project site has a General Plan land use designation of RR (Rural Residential - Maximum One Dwelling Per Acre). It is zoned A-2-2 (Los Angeles County Heavy Agricultural) and the corresponding City of Diamond Bar Rural Residential (RR). (c) Generally, the following zones surround the project site: to the north, and west R-1, 20,000 and to the east and south A-2-2. (d) The request for approval of TPM 26235 is a request to subdivide two parcels of land totaling 5.5 acres into three lots for the future development of three custom single-family homes. (e) The approximate gross land area of the lots proposed under TPM 26235 are: 1.5 ac., 1.9 ac., and 2.1 ac. Respective net land areas, exclusive of road easements are: 1.3 ac., 1.6 ac., and 2.0 ac. Tentative Parcel Ma (f) The proposed map is consistent with the General Plan and applicable Specific Plans. The General Plan's land use designation for the project area is Rural Residential (RR) which provides for a maximum of one (1) du/acre. TPM 26235 proposes three lots varying in size from 1.5 to 2.1 gross acres, with an average lot size of 1.8 gross acres. The project's overall density is 0.55 dwelling units per gross acre. Therefore, the proposed TPM 26235 is consistent with the City's adopted General Plan. The proposed project is designed utilizing the standards and guidelines established in the City's Development Code and Subdivision Ordinance. This will ensure that the proposed project is in compliance with the adopted General Plan. (g) The design or improvement of the proposed subdivision is consistent with applice0le General and Specific Plans. The General Plan's land use designation provided for the project roject area is Rural, Residential (RR max. 1 du/acre). TPM 26235 proposes three lots varying in size from 1.5 gross acres to 2.1 gross acres, with an average lot size of 1.8 gross acres. Therefore, the proposed TPM 26235 is consistent with the City's adopted General Plan. (h) The site is physically suitable for the type of development. The proposed project is approximately 5.5 -acres which will be divided into three lots. Gross lot sizes vary from between 1.5 acres to 2.1 acres. The proposed development for this site will be one (1) custom single-family home per parcel. The site ha's adequate access to public/private streets and all public infrastructure. The site is similar in terms of topography and size to the surrounding developed neighborhood. 2 (i) The site is physically suitable for the proposed density of development. The proposed project is approximately 5.5 acres with a resultant density of .55 dwelling units per acre. The density is consistent with the provisions of the Development Code and the adopted General Plan. (j) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. All substantial environmental issues have been examined and addressed by the certified Master Environmental Impact Report No. 91-2. Additionally, a Mitigation Monitoring Plan (MMP) was prepared, and TPM 26235 will adhere to the guidelines and measures addressed in the adopted MMP. (k) The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. The design of the subdivision or type of improvements is not likely to cause serious public health problems due to the following: (1) Slope instability will not occur due to the introduction of project features like shear keys and the removal of landslide areas along the western and eastern facing slopes; (2) No active faults transect the project site and the project site is not located in an Alquist-Priolo Special Studies Zone. Therefore, the potential for ground rupture is minimal. Additionally, the expected ground shaking levels are within the range of current engineering practices for construction of habitable structures. Therefore, the project is in an area that does not pose significant hazard when structures are designed in accordance with the Uniform Building Code (UBC). Structures for this project will comply with the standards of the UBC through the City's permit process; and (3) The proposer) project will comply with the required standards of the Los Angeles County Fire Department. A fuel modification plan, appre�rpriate access and turnarounds for fire equipment, and fire hydrants in appropriate locations with adequate flow are conditions of approval, as specified by the Fire Department. (1) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. Conditions of approval are incorporated into the project which provide for future street easements, the installation and maintenance of utilities, slope and drainage easement, and "restricted use" area easements and appropriate access easements. Therefor the design 3 of the subdivision and improvements will not conflict with easements, acquired by the public at large, for access through or the use of property within the proposed subdivision. (m) The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Board. The proposed project will not violate existing requirements of the Walnut Valley Water District. (n) If a preliminary soils report or geological hazard report indicates adverse soil or geological conditions, the subdivider has provided sufficient information to the satisfaction of the City Engineer or Council that conditions can be corrected in the plan for the development. All soils and geological hazard concerns have been considered and adequately addressed by the Mitigation Monitoring Plan adopted as a condition of approval of Tract Map 48487. (o) The proposed subdivision is consistent with all applicable provisions of the City of Diamond Bar Subdivision Ordinance, the Development Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act. The proposed project meets all the requirements of the City of Diamond Bar Subdivision Ordinance, Development Code, Diamond Bar Municipal Code, and the Subdivision Map Act. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends City Council approval of TPM 26235 subject to the following conditions: a. General: (1) The. project site shall be developed in conformance with: TPM 26235, the unmodified components and conditions of approval of Tract Map 48487 as delineated in Diamond Bar City Council Resolution No. 92-34 and the ' site's Mitigation Monitoring Plan. (2) The projecl site shall be maintained in a condition that is free of debris both during and after construction, addition or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant, or duly permitted waste contractor, who has been authorized by the City to provide collection, transportation and disposal of solid waste from residential, commercial, construction, and industrial areas within the City or it shall be the applicant's obligation to ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 4 L Y 1, e. A -U F (3) This approval shall not be effective for any purpose until the applicant and owner of the property have filed within 15 days of approval of this map, at the City of Diamond Bar's Community and Development Services Department/Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays all remaining Planning Division processing fees. (4) In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, approval of TPM 26235 brought within the time period provided for in Government Code Section 66499.37. (5) The applicant.shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable construction codes, ordinances and regulations in effect at the time of grading and building permit issuance. ._ (6) The proposed TPM 26235 is exempt from .further environmental review as it is in substantial compliance with the Master Environmental Impact Report. Because ` the project is exempt from the provisions of CEQA it is also exempt from the fee requirements of the State Department of Fish and Game as set forth in Section 711.4 of the Fish and Game Code. (7) Applicant shall pay development fees (including, but not limited to Planning and Building and Safety Divisions, Public Works Division, Engineering Division, and school fees) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. Additionally, the Applicant shall pay all remaining fees prior to the Map's recordation as required by the City. (8) All equipment staging areas shall be located on the project site. The staging area, including,materfal stock pile and equipment storage area, shall be enclosed,with.a six foot high chain link fence. All acce,-s points to the fenced area shall be locked whenever the construction site is not supervised. (9) TPM 26235 is valid for two years. The applicant may file for a one-year extension of the City's approval in the event that the application for extension is file with the City at least 30 days prior to the expiration date. (10) The project site shall be maintained and operated in full compliance with the conditions of this approval and applicable laws, and other regulations. (11) Prior to the granting of any occupancy permits, all conditions of approval and improvements shall be completed or bonded for, to the satisfaction of the City. 5 b. Planning Division (1) Applicant shall adhere to all conditions of approval as delineated in Resolution 92- 34, adopted by the City Council of the City of Diamond Bar on June 2nd, 1992. C. Fire Department (1) Applicant shall adhere to all conditions of approval as delineated in Resolution 92- 34, adopted by the City Council of the City of Diamond Bar on June 2nd, 1992. d. Public Works/Engineering Department (1) Applicant shall adhere to all conditions of approval as delineated in Resolution 92- 34, adopted by the City Council of the City of Diamond Bar on June 2nd, 1992. The Planning Commission shall: (a) Certify'to the adaption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Diamond Bar East Partners, 3480 Torrance Blvd., Suite 300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 24th DAY OF JULY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held rin the 24th day of July, 2001; by the following vote: AYES. NOES:: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary VICINITY MAP pq TyF�No N. T. S. ER Ra STEEPLECHASE LANE O �O .gyp WAGON TRAIN LANE 4 pQ�p� OAK KNOLL DRIVE PROJECT SITE '-WINDMILL DRIVE HAWKWOOD ROAD COLD SPRINGS LANE AMBUSHERS STREET City of Diamond Bar, CA EX]FIIBIT °' A" PROJECT Tentative Parcel Map No. 26235 Vicinity Map I tL I o lo T I tL I o lo F W V G� �4� ��§i��2�� /et }}�� }9Q'a■� ztgtlt `� �� 1`' i �e �1{p4 OESt � � �7�plf4 L ' G Lc'1' �. N N a ,. 1=4644 'OIJ 17 v til LUI--------- ' IO8 f eg + t p rQ c 1 F O T mz N-...� Lu5 P .nzMEW CC a - - 14 < .•Cip �.�• Ef ..«-. gg3 G�` wC „`� Y M I. -L G t <_ "Sig 4a e. _ 4 +�. �..x W wy�e`gg� fyh�.� B = i CL a ,. 1=4644 'OIJ 17 v til LUI--------- ' IO8 f eg + t p rQ c 1 F O T mz N-...� Lu5 P .nzMEW CC a - - Q < .•Cip �.�• z° ..«-. gg3 m CL Z mLLJ CL CL C o ' CI u yam` n ' o � j o 1 I t 6ct �0�� a' ---------- - 9 a 1 1 is Q j i tgvav 'GN i-Dea.L 1 CC a - - 0 a LL z° ..«-. gg3 n ' o � j o 1 I t 6ct �0�� a' ---------- - 9 a 1 1 is Q j i tgvav 'GN i-Dea.L ENVIRONAIIENTAL CHECIQ.IST FO L Background 1. Name of Applicant: DIAMOND BAR EAST PARTNERS 2. Address and Phone Number of Proponent: 3480 TORRANCE BOULEVARD. SUITE 300 TORRANCE, CA 90503 (310) 5*40-3990 3. Name, Address and Phone of Project Contact: HUNSAKER & ASSOCIATES ATTN: Paul DePalatis (909/352-7200) 2900 ADAMS STREET, .SUITE A-15 RIVERSIDE, CA 92504 4. Date of Environmental Information Submittal: 5. Date of Environmental Checklist Submittal: -4 / zct /& 6. Lead Agency (Agency Required Checklist): CITY OF DIAMOND BAR 7. Name of Proposal if applicable (Tract No. if Subdivision): TENTATIVE PARCELMAPNO. 26235 8. Related Applications (under the authority of this environmental determination): NONE YES NO Variance: .11 x Conditional Use Permit: x Zone Change: x General Plan* Amendment: x Development Review x (Attach Completed Environmental Information Form) II. Environmental Impacts: (Explanations and additional information to supplement all "yes" and 'possibly" answers are required to be submitted on artached sheets) YES NO POSSIBLY 1. Earth. Will the proposal result in: X a. Unstable earth conditions or changes in geologic substructures? X b. Disruptions, displacements, compaction.or overcovenng of the soil? X C. Change in topography or ground surface relief features? X d. The destruction covering or mod'fi f X X Q X X X 3 X 1 t cation o an) unique geologic or physical feature? e• Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition, erosion of stream banks or land adjacent to standing wa'er, changes in siltation, deposition or other processt which may modify the channel of constant or intermittently flow:ag water as well as the areas surrounding permanent or intermittent standing water? g• Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? C. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? Water. Will the proposal result in: a. Changes in ,urrents or the course or direction of water movement_,? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface run-off? X C. Alterations of the course or flow of flood waters? X d• Changes in the amount of surface water in any body of water? X e• Discharge into surface waters, or in any alteration of surface water quality including but not limited to dissolved oxygen and turbidity? X f• Alteration of the direction or rate of flow of ground waters? X g• Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? YES NO POSSIBLY X X 4. X X X X X 5. X X X X 6. X X 7. X 8. X X h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding? Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction in the numbers of any unique rare of endangered species of plants? .c. Reduction in the size of sensitive habitat areas or plant communities which are recognized as sensitive? d. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? e. Reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of animals (birds, land animals including reptiles, fish, and shellfish, benthic organisms and insects)? b. Reduction in the numbers of nay unique rare or endangered species of animals? C. Introduction of new species of animals into an area, or in a barrier to the normal migration or movement of resident species? d. Reduction in size or deterioration in quality of existing fish or wildlife habitat? Noise. Will the proposal result in: a. Significant increases in existing noise levels? b. - -Exposure of people to severe noise levels? Light and Glare. Will the proposal result in: a. Significant new light and glare or contribute significantly to existing levels of light and glare? Land Use. Will the proposal result in: a. A substantial alteration of the present or planned land use in an area? 9. Natural Resources. Will the proposal result in: a. An increase in the rate of use of any natural resources? YES NO POSSIBLY .... .... ... 10. tisk of Upset. Will .the proposal result in: X a A.4 1, f 1 X X. X X X X X X X X X X ns o an exp os on or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? b. - Probable -interference with an emergency response plan or an emergency evacuation plan?. 1 L Population. Will the proposal: a. Alter -the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect: a. Existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of Substantial additional vehicular movement? b. Effects on existing parking facilities or demand for new parking? C. Substantial impact on existing transportation systems? d. Alterations to present patterns of circulation or movement of people and goods. e• Alterations to waterborne, rail or air traffic? f• Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a• Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: 1 • Fire Protection? 2• Police Protection? 3. Schools? ` 4. Parks or other recreational facilities? 5• Maintenance of public facilities, including roads? 6 • Other governmental services? YES NO POSSIBLY 15. Energy. Will the proposal result in: X a. Use of substantial amounts of fuel or energy? X b. Substantial increase in demand upon existing energy sources or require the development of new sources of energy? .......... 16. Utilities. Will the proposal result in: X a. A need for new systems, or Substantial alterations to public utilities? 17.- Human Health. Will the proposal result in: X a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposum of people to potential health hazards? 18. Aesthetics. Will. the proposal result in: X a. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to the public view? 19. Recreation. Will the proposal result in: X a. An impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in: X a. The alteration of or the destruction of a prehistoric or historic archaeological site? X b. Adverse.physical or a,,-Ahetic effects to a prehistoric or historic building, structure or object? X C. A physical change whjch would affect unique ethnic cultural values? X d. Restrictions on existing religious or sacred uses within the potential impact area. 21. Mandatory Findings of Significance? X a. Does the proposed project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate or significantly reduce a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? YES NO POSSIELi' x_ b• Does the proposed project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? X C. Does the proposed project pose impacts which are individually limited but cumulatively considerable? x d• Does the project pose environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. DISCUSSION OF ENVMONMEENTAL EVALUATION: (Attach Narrative) — SEE ATTACHED NARRATIVE IV. DETERAIINATION: On the basis of this initial evaluation: - I find that the proposed project COULD NOT have -a significant effect on the environment, and'a NEGATIVE DECLARATION will be prepared. I find that although the proposed p I roject could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been incorporated into the proposed project. A MMGATED NEGATIVE DECLARATION WILL BE PREPARED. I find that the proposed project MAY have a significant effect on the enviro4ment, and an ENVIRONMENTAL REPORT is required.' Date: Signature: Title: For the City of Diamond Bar, California A NARRATIVE ATTACHMENT TO ENVIRONMENTAL EVALUATION TENTATIVE PARCEL MAP No. 26235 APPLICANT: DIAMOND BAR EAST PARTNERS/C&A DEVELOPERS REPRESENTATIVE: HUNSAKER & ASSOCIATES This Project consists of subdividing two single-family lots into three'single-family lots. a net increase of one single-family residence. The portion of the lots containing the building envelope has already been waded and this existing graded area will be slightly reconfigured to accommodate the additional lot. Consequently. no additional areas of disturbance will be created by the project and there will be no impact on natural areas, landform, drainage courses, biological resources, etc. In addition. because the area is already developed for residential uses and is served with utilities and public services, the incremental increase of one unit will have no noticeable impact upon consumption of natural resources, generation of waste products or service by public agencies/utilities. Jul -16-01 12:46P �e � RESOLUTION NO. 92- 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 48487.FOR A FIFTEEN (IS) LOT SUBDIVISION LOCATED NORTHEAST OF THE INTERSECTION OF WAGON TRAIN LANE AND THE NORTHERLY TERMINUS OF WINDMILL DRIVE, DIAMOND BAR, COUNTY OF LOS ANGELES, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. �;T-194TV (i) AL LAPETER, 3020 Windmill Drive, Diamond Bar, California (the "Applicant" hereinafter), has heretofore filed an application forapprovalof Vesting Tentative Tract Map No. 48487 as described in the title of this Resolution. Hereinafter in this Resolution,, the subject Vesting Tentative Tract map No. 48487 shall be referred to as the "Application.,, (ii) On April is, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted, by ordinance, the Los Angeles County code as the ordinances of the City 0"." Diamond Bar. Titles 21 and 22 of the Los Angeles County Code, as amended, contain the Development Code of the county of Los An;eles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. (iii) Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the Application, as to General Plan consistency, 1 Jul -16-01 12:46P P03 pursuant to the terms and provisions of California Government Code § 65360. (iv) On September 23 and November 25, 1991, the Planning Commission of the City of Diamond Sar conducted a duly noticed public hearing on the subject matter of the Application and, upon conclusion of said public hearing, the Planning Commission adopted its Resolution No. 91-25 recommending approval of the Application to this city council. (v) On January 21, January 28, March 3, April 7 and April 21, 1992, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application. (vi) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. In all respects as set forth in the Recitals, Part -A, of this Resolution. 2. The City Council hereby certifies that Environmental impact Report No. 91-2 was completed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, the City Council has reviewed and considered the information contained in said Environmental Impact Report No. 91-2 and that said Environmental Impact Report reflects the independent judgment of the City Of Diamond Bar. 2 Jul -16-01 12:46P 3'. The City Council hereby specifically finds and determines, based upon the,findings set forth herein, that changes and alterations have been required in or incorporated into and conditioned. upon the project specified in the Application, which mitigate or avoid significant adverse environmental effects identified in said Environmental Impact Report No. 91-2. P. 04 4. The Applicant shall pay all fees required for rhe filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the recordation of the final map. 5. Based on substantial evidence presented to this Council during the above -referenced public hearing, including written and oral staff reports, public testimony, and the record of the Application, this City Council hereby specifically' finds as follows: (a) The Application applies to a parcel located northeast of the intersection Of Wagon Train Lane and the northerly terminus of wj' ndmi!l Drive, Diamond Bar, with a gross area of :a7o acres, within SEA 15, and which is zoned R-1-20 and A-2-2. (b) Surrounding properties' land use and zoning are: East: R-1-20/vacant; South: A-2-2/vacant; West: R-1-20 and A-2-2/Vacant; 3 Jul -16-01 12:46P North: R-1-20/developed with single family (c) The Application is for a fifteen (15) lot subdivision to construct 15 singl' e family units.' (d) The site is physically suitable for the type of development proposed and has access to public h.-.ghw�ys and streets. Further, th,. property shall be served by sanitary sewers', provided with water Supply and distribution facilities with sufficient capacity to meet anticipated domestic and fire protection needs and shall have geologic hazards and flood hazards Mitigated in accordance with the requirements of the Department of Public Works of the County of Los Angeles. (e) The design of the subdivision and of the proposed imp..-ovements will not cause substanti,11 e'ivironmenta'l damage or substant4.al P.Ad `avoidable injury to fish ur wildlife or to their habitat, the project is located within Significant Ecological Area 15 and the proposed development will not have a significant adverse effect an the environment, as mitigated and conditioned. 4 P.,05 Jul -.16-01 12:47P P.06 (f) Neither the design of the subdivision nor the types of improvements will cause serious public health problems, since sewage disposal, storm drainage, fire protection and geological and soils factors are addressed in the conditions of approval appended hereto. (g) The design of the subdivision provides, to - the extent feasible, for future passive or natural heating or cooling opportunities. The design of the subdivision is based on the size and shape of the parcel. (h) The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. (i) The subdivision and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of public entity and/or public utility rights-of-way and/or easements within the area covered by said map, since the design and development as set forth in the conditions of approval and on the tentative map provide adequate protection for any such easements. Jul -16-01 12:47P P. 07 (J) The discharge of sewage from this subdivision into the public -sewer system will not violate requirements of the California Regional Water Quality Control Board pursuant to Division 7 13000, et seq.) of the California water Code. (k) The housing needs of the region have been considered and balanced against the public service needs of local residents and available fiscal and environmental resources. 6. Based upon substantial evidence presented to this City Council during the above -referenced Public hearing, and upon the specific findings of fact set forth above . , pursuant to the provisions of California Government code § 65360, the City Council hereby finds and determines as follows: (a) The City . Of Diamond Bar is proceeding in a timely fashion with the preparation of the General Plan. (b) . The action Proposed (Vesting Tentative Map) was consistent with the General Plan proposed being considered at the time Of application. (c) There is little or no probability of substantial detriment to or interference with the future adopted General Plan if the proposed use is ultimately inconsistent with the General Plan. Jul -16-01 12:47P P.08 (d) The Application as proposed and conditioned herein complies with all other applicable requirements of State law and local ordinances. 7. Based on the findings and conclusions set forth herein, this City Council hereby approves the Application subject to the following conditions: (a) GENERAL REQUIREM"''NTS 1. This Approval of Vesting Tentative Tract Map No. 48487 shall not be effective for any purpose until a duly authorized representative of the Applicant has filed with the Community Development Department an Affidavit of Acceptance and accepts all the conditions of this approval. 2. All requirements of this Resolution, the applicable Zoning District, the City Codes, city departmental policies, rules and regulat"Lons ani: applicable law, policies and regulations of any local agency with jurisdiction thereof shall be complied with by the Applicant. 0 e Jul -16-01 12:47P P. 09 (b) FIRE DEPARTMENT REQUIREMENTS: 1. Provide and locate water mains, fire hydrants, and'fi.re flows as required by Fire Department and Fire Code. 2. Emergency secondary access shall be provided in accordance with Fire Protection District Standards and approved by the City Engineer. 3. Fire Department access shall be extended to within 150 feet distance of any portion of structure to be built. 4. Access shall comply with Section 10.207 of the Fire Code (all weather access). 5. Driveways shall include, as necessary, turnarounds suitable for fire protection equipment use and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure. their integrity for Fire Department use. 6. All required fire hydrants shall be installed, tested and accepted prior to construction of on-site improvements. Vehicular access must be -provided and maintained serviceable throughout construction. 8 Jul -16-01 12:47P P. 10 7. All hydrants shall be brass or bronze and conform to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25' from a structure or protected by a two (2) hour fire wall. (c) ENGINEERING REQUIREMENTS: 1. All easements existing pric., to final map approval must be identified. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the final map in lieu of its location. 2. A title report/guarantee showing all fee owners and interest holders must be submitted when a final map is submitted for plan check. The account shall .remain open until the fina3.-map is'filed with the County Recorder. ;an updated title report/guarantee must.be submitted ten (10) working days prior to final map approval. 3. Applicant shall submit to the City Engineer the total cost estimate for bonding purposes of all public 0 Jul -16-01 12:48P improvements, prior to approval of the - final -map. 4. Applicant shall submit recorded documents indicating that the project will have proper/adequate right -of -entry to the subject site from "The Country." 5-, The tract shall be annexed to Landscape Maii.tenance District 38. 6. New centerline ties shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of building permits. 7. New boundary monuments shall be set in accordance with the State Subdivision Map Act and subject to approval by the City Engineer. 8. If any required public improvements have notebeen completed by Applicant and accepted by the City prior to the. appcOval of the final r"p, Applicant ,shall enter into a subdivision agreement with the City and shall post the appropriate security. 9. All site grading, landscaping, irrigation, street improvement, sewer and storm drain improvement plans shall 10 M Jul --16-01 12:48P P-12 be approved by the City Engineer prior to final map approval. 10. Street names shall be submitted for City review and approval prior to approval of the final map. Street names shall not duplicate existing streets within the City of Diamond Bars postal service zip code areas. ; 11. House numbering plans shall be approved by the City Engineer prior to issuance of building permits. 12. The detail drawings and construction notes shown on the submitted plans are conceptual only and the approval of this map does not constitute approval of said notes. 13. Lot line adjustment between Tracts 47851 and 48487 shall be approved prior to' recordation _of the final map. 14. Grading of the: subject property shall be in accordance with the Uniform Building Code, city Grading Ordinance 14 (1990) and acceptable grading practices. The precise grading plan shall be in substantial conformance with the grading 11 Jul -16-01 12:48P P.1:3 plan approved as a material part of the Tentative Map. 15. All landslide debris shall be completely removed prior to fill placement -as required by the final geotechnical report. 16. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be s . Ubmitted to the City Engineer for approval and said report shall be prepared by a qualified engineer and/or geologist licensed b . y the State of California. The report shall address, but not be limited to, the following: (a) 'Stability analyses of the daylight shear keys. For daylight shear keys, a 1:1 Projection from daylight to slide plane shall be used in design and the projection plane shall have a minimum factor of Safety of 1.5. (b) All. Soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect W Jul -16-01 12:48P P.14 13 to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. (c) Soil remediation measures shall be designed for a "Worst case" geologic interpretation subje . =t to verification in the field during grading. (d) The extent of any remedial grading into natural areas shall be clearly defined On the grading plans. (e) Areas Of Potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. Gross stability of all fill elopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. (9) Stability of all proposed slopes shall be confirmed by analysis as ,approved by the City Engineer. (h) All geologic data including 13 landslides and exploratory excavations must be shown on a consolidated geotechnical map,using the 40 -scale final grading plan as a base. 17. Grading plans shall be prepared in a 241lx3611 format and designed in compl;,ance with.the recommendations -o - f the final detailed sails and engineering geology reports. All remedial earthwork Specified in the final report shall be incorporated into the plans. 18. Grading Plan(s) Must be signed and stamped by registered Geotechnical Engineer and registered Geologist. 19. All identified geologic hazards within the Tentative Tract boundaries which canno-l-be eliminated as approved by the City F',gineer shall be indicated on f:.nal nap as "Restricted Use Area." The subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas on the final map. 14 Jul -16-01 12:49P 20. Surety shall be Posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map as approved by the City Engineer. 22. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is reClilested. 23. All slope banks in excess of five (5) feet in vertical height shall be seeded with native grasses or planted with ground cover, shrubs, acid trees for erosion control Upon completion of grading or some other alternative method of erosion control shall be completed to 15 Jul -16-01 12:49P the satisfaction of the city Engineer 9neer and a permanent irrigation system shall be installed. 2.4. Street improvement plans in a 2411x3611 sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be Posted and an agreement executed guaranteeing Completion Of the Public and/or private street improvements, prior to final map approval. 25. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be Obtained from the City Engineer's Office in addition to any other permits required. 26. No street shall exceed a maximum 'Slope of 27. Construct base and pavement on all streets in accordance with-CitY.approved soils report and approved by the City Engineer. Vehicular access must be provided to all "Urban Pollutant Basins" with'a minimum width of 15,, with 121 of 16 P - 1 17 Jul, -16-01-12:49P P-18 pavement and with a maximum slope no greater than 20%. 28. Prior to approval of the final map, the Applicant shall contribute $2,250.00 toward the construction of sidewalks along the east side of Diamond Bar Boulevard across from the Country mills Shopping center. 29. The Applicant shall provide an irrevocable offer to dedicate an easement for a 30 -.foot wide roadway along the centerline extension of Windmill Drive from the terminus end to the southerly property line of Lot 12. 30. A final drainage study and final' drainage plans in a 241lx36" sheet format shall be submitted to and approved by the City Engineer,prior to final map approval. All drainage facilities shall be installed as required by the City Engineer and in.accordance with County of Los Angeles Standards. 31. No underground utilities shall be constructed within the drip line of any mature tree. except as approved by a registered arborist. 17 Jul -16-01 12:49P MW 32. Prior to finalization of any development phase, sufficient drainage improvements shall be completed beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction Of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 33. Prior to Placement'of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 Permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 34. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot linea. The sanitary sewer system serving the tract shall be connected to the City sewer System. said system shall be of the size, grade and depth approved by the city Engineer, County Sanitation District and Los Angeles County Public Works Department, prior to approval of the final map. is Jul --16-01 12:50P 35. The Applicant shall obtain connection Permit(s) from the City and County Sanitation District. The subdivision shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines must be offered for dedication and•accepted by the County,of Los Angeles Public Works Department, prior to approval of the final map. 36. The Applicant, at Applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards. 37. Traffic improvement plans prepared by.a registered Traffic Engin&.3r in a 241lx3611 sheet format shall be sublgitted to and approved by the City Engineer. Security shall be posted and agreement executed guaranteeing completion of improvements prior to final map approval. 38. Intersection line of sight designs shall be submitted to the City Engineer for approval. 19 Jul -16-01 12:50P 39. The Applicant shall prepare traffic control signing and striping Plans in accordance with requirements of the State of California Traffic Manual prior to approval of final map. 40. A separate right -turn lane shall be striped and appropriate signs installed the northbound direction at the intersection Of Diamond Bar Boulevard and Shadow Canyon Drive to the satisfaction of the City Engineer. 41. A separate right -turn lane shall be striped and appropriate signs installed in the southbound direction at the intersection of Diamond Bar Boulevard and Pathfinder Road to the approval of the City Engineer. 42. An additionallef6 t-tt-,rn lane shall be Striped and appropria,-.e signs installed ii, the southbound diro,.*ction at the intersection Of Diamond Bar Boulevard and Brea Canyon Road to the approval of the City Engineer. 43. A stop Sign shall be installed at the intersection Of Wagon Train Lane and Steeplechase Lane. The stop sign shall KUS Jul -16-01 12:50P P.22 be installed on Wagon Train along with fifty feet Of double I yellow striping, Type D pavement markers, stop legend and limit line. 44. Stop signs shall be installed at the intersection Of Windmill Drive and Wagon Train Lane, Subject to approval of the City Engineel: 45. The Applicant shall contribute $7,500.00 toward the installation of a traffic signal at intersection of Diamond, Bar Boulevard and Shadow Canyon Drive prior to approval Of the final map. 46. Provide separate underground utility services to each parcel, including water, gas, electric Power, telephone, and cable TV, in accordance with the respective utility company standards. Easements shail be Provided as required by utility companies and approved by the City Engineer. 47. Applicant shall relocate existing utilities as necessary. 4.8. Prior to submittal of the final map, written certifications from Walnut 21 Jul -16-01 12:50P P-23 Valley Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the city. 49. Applicant shall install main and service lines capable of delivery of reclaimed water to all Portions of the Tract and the system shall be designed to permit "switch over" of nondomestic services on each lot at time of availability of reclaimed water, all to the satisfaction of the City Engineer. (d)' COMMUNITY DEVELOPMENT DEPARTMENT REQUIREMENTS: 1. Applicant shall pay the required Park in -lieu fee prior to the recordation of the final map. 2. Conditions, covens.'ats, and restrictions (CC&Rs) shall be r_`rOvided to the Community Development Director for review and approval prior to recordation Of the final map. The CC&Rs shall include, but not be limited to, provisions requiring disputes involving interpretation or application of the 22 Jul -16-01 12:51P to be referred to a neutral third Party mediation service with the cost thereof to be borne by the prevailing party, provide a maintenance program for "Urban Pollutant Basins," preclude construction or installation of barriers within wildlife movement corridors as required by the SEATAC Report dated April 8, 1991, and shall substantially comply with the CC&Rs applicable to "The Country.,, Said CC&Rs shall record concurrently with the final map or prior to the issuance of any building permit for or sale of any parcel. 3• The site shall be developed and maintained in accordance with the approved Vesting Tentative Tract Map and Plans approved by the City Council, as revised by these conditions Cf approval. 4• The mitigation monitoring program dated May 29, 1992, and approved by the City Council shall be implemented and. rigorously complied with. Applicant shall deposit, and maintain, with the City a fund in Such amounts , as required by the Director Of Community Development 23 Jul -16-01 12:51P to defray the cost of implementation and monitoring by City staff and consultants retained by City. Exterior Construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m. to 5:00 p.m. Monday through Saturday, except that intkrior building construction activities shall not be limited. All construction equipment shall be Properly muffled to reduce noise levels. Transportation Of equipment and materials and operation of heavy grading equipment shall also be limited to the hours Of 7:00 a.m. to 5:00 P.M. All equipment staging areas shall be sited on the subject Property. Dust generated by c-)nstruction activities shall bill'* I:edu..,ed.by watering the soil prior -o 16- and curing grading I activities. Use of reclaimed water shall be used Whenever possible. All lots shall be redesigned to provide a minimum pad size of 10,000 Square feet. 24 Jul -16-01 12:51P I 7• A detailed landscape and irrigation plan, including slope Planting and model home landscaping, shall be prepared by licensed landscape architect and submitted for City review approval prior to approval Of the final map. Fence details, tree staking, soil preparation, planting detai.16 and an automatic irrigation sy* Stelh And the incorporation of Xerotropic landscaping shall be incorporated wherever feasible. All down drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. All oak trees and walnut trees to be replaced shall be replaced at the ratios and locations specified in EIR 91-2. Existing trees required to be Preserved in Place shall be protected with a Construction barrier in accordance with the Los Angeles County Code, and so noted On the grading Plans. The location of those trees to be preserved in place and new locations for 25 Jul -16-01 12:51P P.'27 transplanted trees shall be shown on the detailed landscape plans. 11• Applicant shall -contribute $2,500.00 as its Pro rata share for the Ecological concept Study for Tonner canyon and SEA 15. 12. Applicant shall pay development fees (including, but not limited to, planning, building, and school faes) at the established rates prior to issuance Of building permits. 13. Applicant shall prepare, and submit to the Director of Community Development for approval prior to the sale Of the first lot Of the subdivision, a "Buyer Awareness Package" which shall include, but not be limited to, information pertaining to,geologic issues regardi. , -ig the property, wildlife corridors, oak and walnut tree preservation issues, the existence and constraints pertaining to SEA No. 15 and Tonner Canyon, explanatory information pertaining to restrictions on use Of properties as necessary and similar related tatters. Applicant shall institute a program to 26 , Jul -16-01 12:51P P.28 include delivery of a cOPY Of said "Puyer Awareness Packagen to each prospective purchaser and shall keep on file in the Office of Applicant -a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the'info' contained rm,-. within the "Buyer Awareness Package." Applicant shall incorporate within the CC&RS a reference to the availability of the "Buyer Awareness Package" and the fact that a copy thereof is on file in the office of the City Clerk of the city of Diamond Bar. 8. The city Clerk is hereby directed to (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy Of this Resolution by -cer,.Lif ied mail,- -return receipt requested, to the Applican,.-.'at its address per City records. ADOPTED A I ND APPROVED this 2nd day of June 1992. r Mayor Pro Tem 27 Jul -16-01 12:52P P.29 .1, LYNDA BURGESS, City Clerk Of the City of Diamond Bar, do hereby certify that the foregoing Resolution was Passed, approved and adopted at the regular meeting Of the city Council of the CitY'Of Diamond Bar held on the rid day of 1992, by the following roll call vote: AYES: COUNCIL MEMBERS: Forbing, Milder and Werner NOES: COUNCIL MEMBERS: None -ABEENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Mayor Pro Tem Papen, Mayor Kim ATTEST: nd C� �erk City f L'iar.ol'Y.'d Ba,,: 6.11E 28 CITY 01'"iANIOND BAR COMMUNII DEVELOPMENT DEPARTMENT 21660 E. Copley Drive, Suite 190 ' s (909)396-5676 Fax (909)861-3117 SUBDIVISION APPLICATION Record Owner Name C & A DEVEL.QPERS (Last name first) Applicant - DIAMDND BAR EAST PARTNERS (L.ast name fust) Address 3480 TORRANCE BLVD. 3480 TORRANCE BLVD. SUITE 300 SUITE 300 City TORRANCE, CA - TORRANCE, CA Zip 90503 Phone(-) 310/540-3990 90503 Phone(-) 310/540-3990 Case# 7)" P1, , - FPL # /',/-/.:7 Deposit S Receipt# By Date Rec'd l r" Applicant's Agent HUNSAKER & ASSOCIATES ATTN: Paul DePalatis (Last name first) 2900 ADAMS STREET, #A-15 RIVERSIDE, CA 92504 Phone(_) 909/352-7200 NOTE: It is the applicant's responsibility to notify the Community Development Director in c,:riting of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent:,] Sertify I am ner a ein dd��scrib pr perYy nd p rm' �1re app 'ant ty its a ues G Ed�LoP' �e.p .C�'d•O/�'ae+J•pi�`,.IAit�r+3 'e Cf�.�i�itiQy� t�6` Signed Date (All Fetor owners) EGA fK .4.1e4 Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Nam ii*9u� fn Signed - r'L Date �ls�.. /l. z0y -� (Applicant or Agent) Location OAK KNOLL DRIVE (LOTS 12 & 13 OF TRACT 48487) (Street address or tract and lot number) between _ and =i (Street) (Street) Zonine R-1-20,000, A2-2 HNM Previous Cases TENTATIVE TRACT 48487 Present Use of Site VACANT; GRADED FOR SINGLE FAMILY LOTS Use applied for SFR (SINGLE FAMILY RESIDENTIAL) an /District WALNUT VALLEY Domestic Water Source roP Y WATER DISTRICT Method of Sewage Disposal Sanitation District L.A. COUNTY SA-NTTATTON DTSTRTCT Grading of Lots by Applica►.. YES X NO Am.. _ d + 4.000 CYS (Show necessary grading design on site plan or tent. map) LEGAL DESCRIPTION (All ownership comprising the proposed lots/project) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change.) LOTS 12 AND 13 OF TRACT NO. 48487 AS FILED IN BOOK 1214 OF MAPS, PAGES 7-11, RECORDS -OF LOS ANGELES COUNTY Project Site: 5.5 ACRES Tentative Map Number TPM 26235 Gross Area Lots: Existing 2 Proposed 3 Area devoted to : Structuress ci Open Space { Residential project _ 5-• 5 ACRES _ and c al -5 !7c'7e6WJA4650 Gross Area No. of floors Proposed Density 1.8 UNITS/ACRE Units/Acre Number and types of Units 3 SINGLE FAMILY CUSTOM HOMES Residential Parking: Type Required Provided Total AJ/4 A114 construction will this project directly or indirectly cause the generation of noise and or vibration greater than any that exists now?) NONE. TYPICAL_ RESIDENTIAL NOISE LEVELS. 20. Describe any residential construction proposed on filled land (ie: identify the lot number of each structure proposed to be built on filled land). NONE 21. Do any significant trees exist on the project site now? Describe the effect this project will have on them. (ie:. Oak and Walnut trees are considered significant. Describe .whether the proposed project will disturb or cause removal of any of these trees). THERE IS THE POTENTIAL FOR SOME OAK TREES IN THE NATURAL AREA AT THE.REAR OF THE LOTS AND WILL BE PRESERVED IN PLACE. THE SITE WAS EVALUATED PREVIOUSLY UNDER TRACTS 50314 & 48487 MASTER EIR #91-2, SCH 9001086, WITH MONITORING PROVISIONS. 22. Is the project site located in a national, state, regional or locally designated area of historical, environmental or other significance? If so describe. (ie: is the site an area designated as a hillside management area, significant ecological area, significant mineral resource area, etc.) NO Environmental Setting: 23. Describe the environmental setting (synopsis) of the project site. This narrative shall include a description of the soil stability; slopes, drainage, scenic quality, plants and animals which may exist on the site now, and anv existing structures and the existing land use of the project site. THE PROJECT OCCURS ON LOTS PREVIOUSLY GRADED FOR DEVELOPMENT BUT CONTAINING SOME NATURAL AREA AT THE REAR OF THE LOTS. THE CHANGE FROM TWO (2) TO THREE (3) LOTS WOULD NOT CHANGE ANY OF THE ABOVE CONDITIONS. THE LOTS ARE PRESENTLY VACANT. C. Drainage Study. d. Topographic Map highlighting any existing slopes of 25 % or more. e. Tract Map, Parcel Map, or Plot Plan clearly showing each area of cut and each area of fill: all residential unit pads (if known), and any areas with slopes 25 % or more. f. Photographs showing the site from different (ie: north, south, east, west) vantage points and Photographs showing vistas (ie: north, south, east, west) from the site. Are the following items applicable to the proposed project or its effects? (Discuss below all items which apply to this project: attach additional sheets as necessary) 15. Grading: Maximum depth of excavation: 0 Maximum depth of fill:- 0 Quantity of soil moved: 0 CYS cubic yards. Will there be an on-site balance of cut and fill?: YES Quantity of import/export: 16. Viewshed: Describe any change in ti a. appearance of the site res) )ting from the project as proposed. NO. THE PROJECT WILL CONVERT 2 GRADED RESIDENTIAL LOTS TO 3 GRADED RESIDENTIAL LOTS. 17. Describe how the proposed project will fit into its surroundings (ie: will the proposed project blend into an existing neighborhood? How will it relate to the size, scale, style and character of the existing'surrounding development?) THE PROJECT CONSISTS OF THREE (3) CUSTOM RESIDENTIAL LOTS SIMILAR TO SURROUNDING RESIDENTIAL DEVELOPMENT. 18. Describe any alteration of the existing drainage patterns or potential for changes in surface or ground water quality or quantity. (ie: Will the flow of any permanent or intermittent surface/subsurface water e as a result of this project? How?: Will there be any injection wells, septic systems, ochang r other facilities which may affect surface or subsurface water quality?) NONE. LOT SURFACE DRAINAGE WILL BE DISCHARGED TO THE STREET OR OTHER APPROPRIATE MEANS. THE PROJECT WILL BE SEWERED AND. NO EFFECT ON SURFACE OR SUBSURFACE WATER QUALITY WILL RESULT. 19. 'Describe any tong -term noise and/or vibration which may occur as a result of this project: (after 10. Project Detail Attach a separate page of descriptive data for each housing type included in this project: a. Number of Housing Units by type. b. Floor Area by type (minimum, maximum, and average square footage). C. Number of floors (stories) for each type. d. Housing market targeted (demographic profile). e. Estimated market sales price or estimated market rents. f. Describe all amenities proposed (for example, landscaping, recreation equipment, common use facilities, trials, etc.). g. Minimum lot size. (Net lot area, not including Right -of -Way). h. Maximum lot size. (Net lot area, not including Right -of -Way). i. Average lot size. (Net lot area, not including Right -of -Way). j. Number of lots which do not meet City Standards. 11.Y Describe public or private utility easements, utility lines, structures or other facilities which exist on the ssrface or below the surface of the project site. PUBLIC UTILITIES OCCUR IN OAK KNOLL DRIVE ADJACENT TO THE LOTS. A 15' WIDE OPEN SPACE AND TRAIL EASEMENT CROSSES PROPOSED LOT 3. 12. Associated Projects: (Projects or potential projects which are directly related to this project, ie: potential developments which require completion of this project): NONE 13. Describe any anticipated Phasing for this project: (Number of Units & Time Frame) NONE PROPOSED 14. Attach one copy of each of the following: a. Preliminary Soils Report b. Preliminary Geologic Investigation. General Plan Amendment: N 6-B. List and describe any other related standards, permits and other .public approvals relevant to this project, including those required by city, regional, state and federal agencies: NONE 7. Land Use Designations: Adopted General Plan Designation: . RR Adopted Zoning: R-1-20,000; A2-2 8. Proposed Specific Use of Site: THREE (3) CUSTOM RESIDENTIAL HOMES Project Description 9-A. Site Dimensions and Gross Area: APPROXIMATELY 5 A RFs 9-B. Legal Description of the Project: (attach copy to this form if necessary) LOTS 12 AND 13 OF TRACT NO. 48487 AS FILED IN BOOK 1214 OF MAPS PAGES 7-11 RECORDS OF LOS ANGELES COUNTY. Environmental Information Form for Residential Projects (To be completed by applicant) General Informatior: Date Filed: Pertinent Permits/Applications: Project Information: 1. Name, Address and Phone Number of Project Sponsor: DIAMOND BAR EAST PARTNERS. 3480 TORRANCE BOULEVARD, SUITE 300 TORRANCE, CA 90503 (310) 540-3990 2. Name, Address and Phone Number of Key Contact Person(s): HUNSAKER & ASSOCIATES ATTN: Paul DePalatis 2900 ADAMS STREET, SUITE A-15 RIVERSIDE, CA 92504 (909) 352-7200 3. Project Address: OAK KNOLL DRIVE 4. Project Assessor's Block. and Parcel Number(s): APN 8713-021-027, 8713-021-028 5. Other Identification (other recorded/map location information): LOTS 12 AND 13 OF TRACT NO. 48487 AS FILED IN BOOK 1214 OF MAPS, PAGES 7-11, RECORDS OF LOS ANGELES COUNTY 6-A. Does the project require any of the following actions by the City: YES NO Variance: X Conditional Use Permit: X Zone Change: g OAK TREE STATEMENT [ ) The subject property contains no oak trees. [ X) The subject property contains one or more oak trees, however the applicant anticipates that no activity (*) (grading and/or construction) will take place within five (5) feet of the outer dripline,of any oak tree. ( ) The subject property. contains one or more oak trees and the applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. an Oak Tree Permit has been or will be applied for prior to any activity taking place on the property. (Applicant's Signature) Date) . (*) THE PROJECT SITE WAS EVALUATED UNDER TRACTS 50314 and 48487, MASTER EIR 491-2, SCH 9001086, WITH ENVIRONMENTAL MONITORING PROVISIONS. NARRATIVE ATTACHMENT TO ENVIRONMENTAL EVALUATION TENTATIVE PARCEL MAP No. 26235 APPLICANT: DIAMOND BAR EAST PARTNERS/C&A DEVELOPERS REPRESENTATIVE: HUNSAKER & ASSOCIATES This Project consists of subdividing two single-family lots into three single-family lots, a net increase of one single-family residence. The portion of the lots containing the building envelope has already'been graded and this existing graded area will be slightly reconfigured to accommodate the additional lot. Consequently, no additional areas of disturbance will be created by the project and there will be no impact on natural areas, landform, drainage courses, biological resources, etc. In addition, because the area is already developed for residential uses and is served with utilities and public services, the incremental increase of one unit will have no noticeable impact upon consumption of natural resources, generation of waste products or service by public agencies/utilities. DISCUSSION OF ENVIPONTNMNTAL EVALUATION: (Attach Narrative) — SEE ATTACHED NARRATIVE IV. DETERAIINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and A NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been incorporated into the proposed project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find that the proposeec project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: Signature: Title: For the City of Diamond Bar, California YES NO POSSIBLY x b. Does the proposed project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? X C. Does the proposed project pose impacts which are individually limited but cumulatively considerable? X d. Does the project pose environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES NO POSSIBLY 15 X a. X b. Energy. Will the proposal result in: Use of substantial amounts of fuel or energy? Substantial increase in demand upon existing energy sources or require the development of new sources of energy? . 16. Utilities. Will the proposal result in: X a. A need for new systems, or Substantial alterations to public utilities? 17.. Human Health. Will the proposal result in: X a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in: X a. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to the public view? 19. Recreation. Will the proposal result in: X a. An impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in: X a. The alteration of or the destruction of a prehistoric or historic archaeological site? X b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure or cbject? X C. A physical change whi :h would affect unique ethnic cultural values? X d. Restrictions on existing religious or sacred uses within the potential impact area. 21. Mandatory Findings of Significance? X a. Does the proposed project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate or significantly reduce a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? YES NO POSSIBLY ................ 10. Risk of Upset. Will -the proposal result in: X a. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? X b. Probable interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal: X a. Alter the location, distribution, density, or growth rate of the buman population of an area? 12. Housing. Will the proposal affect: X a. Existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: X a. Generation of Substantial additional vehicular movement? X b. Effects on existing parking facilities or demand for new parking? X C. Substantial impact on existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and goods. X e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public S, rvices. Will the proposa'': a. I ;ave an effect upon, or result in the need for new or altered governmental services in any of the following areas: X 1. Fire Protection? X 2. Police Protection? X 3. Schools? X 4. Parks or other recreational facilities? X 5. Maintenance of public facilities, including roads? X 6. Other governmental services? YES NO POSSIBLY X h. Substantial reduction in the amount of water otherwise available for public water supplies? X i. Exposure of people or property to water related hazards such as flooding? 4. Plant Life. Will the proposal result in: X a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? X b. Reduction in the numbers of any unique rare of endangered species of plants? X c. Reduction in the size of sensitive habitat areas or plant communities which are recognized as sensitive? X d. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X e. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: X a. Change in the diversity of species, or number of any species of animals (birds, land animals including reptiles, fish, and shellfish, benthic organisms and insects)? X b. Reduction in the numbers of nay unique rare or endangered species of animals? X c: Introduction of new species of animals into an area, or in a barrier to the normal migration or movement of resident species? X d. Reduction in size or deterioration in quality of existing fish or wildlife habitat? 6. Noise. Will the proposal result in: _.•.,_ X a. Significant increases in existing noise levels? _ X b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal result in: X a. Significant new light and glare or contribute significantly to existing levels of light and glare? 8. Land Use. Will the proposal result in: X a. A substantial alteration of the present or planned land use in an area? 9. Natural Resources. Will the proposal result in: X a. An increase in the rate of use of any natural resources? X g• Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? H. Environmental Impacts: (Explanations and additional information to supplement all "yes" and "possibly" answers are required,to be submitted on attached sheets) YES NO POSSIBLY I. Earth. Will the proposal result in: X a• Unstable earth conditions or changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X C. Change in topography or ground surface relief features? X d• The destruction, covering or modification of any unique geologic or physical feature? X e• Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition, erosion of stream banks or land adjacent to standing water, changes in s 1tation, deposition or ottr ;r processes which may modify the channel of constant or intermittently flowing water as well as the areas surrounding permanent or intermittent standing water? X .g• Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: X a• Substantial air emissions or deterioration of ambient air quality? X b• The creation of objectionable odors? X C. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? 3• Water. Will the proposal result in: X a. Changes in currents or the c #urse or direction of watar. movements? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface run-off? X C. Alterations of the course or flow of flood waters? X d. Changes in the amount of surface water in any body of water? X e• Discharge into surface waters, or in any alteration of surface water quality including but not limited to dissolved oxygen and turbidity? X f• Alteration of the direction or rate of flow of ground waters? X g• Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? ENVIRONMENTAL CB ECKLIST FO 1. Background 1. Name of Applicant: DIAMOND BAR EAST PARTNERS 2. Address and Phone Number of Proponent: 3480 TORRANCE BOULEVARD, SUITE 300 TORRANCE, CA 90503 (310) 540-3990 3. Name, Address and Phone of Project Contact: HUNSAKER & ASSOCIATES ATTN: Paul DePalatis (909/352-7200) 2900 ADAMS STREET, SUITE A-15 RIVERSIDE, CA 92504 4. Date of Environmental Information Submittal: 5. Date of Environmental Checklist Submittal: -L 2Lc /G 6. Lead Agency (Agency Required Checklist): CITY OF DIAMOND BAR 7. Name of Proposal if applicable (Tract No. if Subdivision): TENTATIVE PARCEL MAP NO. 26235 8. Related Applications (under the authority of this environmental determination): NONE YES NO . Variance: X Conditional Use Permit: X Zone Change: g General Plan Amendment: g Development Review g (Attach Completed Environmental Information Form) SUBDIVISION - CHECKLIST Tentative Maps: 30 full size folded copies and 30 reduced copies (8 1/2" X 11 ") Subdivision Application: 1 Slope Analysis: 10 full size folded copies Affidavit of Easements: i Ownership Map Showing 500' Radius & Names: 2 full size copies List of Surrounding Property Owners Gummed Labels (Self adhesive): 2 List of Surrounding Property Owners on Separate Sheet: 1 Surrounding Property Owners Certified by Affidavit: 1 Tenants Notification Agreement (if applicable): 1 Land Use .Vicinity Map Showing 700' Radius: 1 full size copy and 30 reduced copies (8 1/2" X 1: ") Environmental Documentation Initial Study Questionnaire - one copy. Photographs - two sets with key diagram. Plot plans where appropriate, with contours showing: 1. Grading for proposed buildable sites and access. 2. Location, species name, size and condition of oak trees and other significant trees, or a letter indicating that no such trees are on the site. Environmental Information Form for Residential Projects - one copy USGS Quad Sheet with Land Division Plotted: 1 (original not photocopy) Oak Tree Statement: 1. Title Report: 2 copies that are less than 30 days old. Fees: Make check or money order payable to City Of Diamond Bar. Consult staff for exact deposit required. G. List of Owners - Submit on gummed labels two lists, certified to be correct by affidavit, of names and addresses of all per ; shown on latest assessment roll as owner= f subject property and of property within a distance of.5vJ foot radius from all boundaries of proposed rand division. 'Include the names and addresses of the applicant, agents and owners. If the project is a condo conversion, also submit on gummed labels one list, certified to be correct by affidavit, of names and addresses ofall tenants of the project. H. Ownership Map - Submit one copy of a map indicating location of ownerships within a 500 foot radius of subject property. Scale: 1" = 100 feet. I. Assessor Maps - Submit two prints of the most recent Assessor Map Book page or pages covering the proposed division of land. J. Affidavit - Submit one copy of an affidavit certifying under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure that all existing easements of record are shown on the tentative map. K. Oak Tree Statement: Under Section 22.56.2050 (Oak Tree Permits), a person shall not cut, destroy, remove, relocate, inflict damage, or encroach into the protected zone (5' from the drip line) of any tree .of the oak tree genus without first obtaining a permit. Damage includes but is not limited to: burning, application of toxic substances, pruning or cutting, trenching, excavating, paving, operation of machinery or equipment, or changing of 'the natural grade. See Oak Tree Application for requirements. L. United States Geological Services Quad Sheetwith project site plotted on the map. M. Photos of subject property and key diagram. N. 2 copies of a Title Report that is less than 30 days old. THE MATERIALS HEREWITH BEING SUBMITTED DO NOT CONSTITUTE A COMPLETE FILING OR AN ACCEPTANCE BY THE CITY. Within 30 days from the date noted on the fee receipt, the applicant or his agent will be mailed a statement notifying him if additional materials or information are needed. It should also be noted that additional environmental material/ data may be required before project processing can begin and a public hearing meeting scheduled. The results of the staff's environmental review (Initial Study) will be sent to you as soon as possible. AT THE TIME THE INITIAL STUDY IS COMPLETED, YOU WILL ALSO BE INFORMED OF ANY ADDITIONAL ENVIRONMENTAL FEES REQUIRED. Questions regarding the Initial Study should be directed to the Diamond Bar Planning Division. Additional information may be requested by the Planning Division in order to complete the processing of this. application. 9. What energy-conserving designs or material will be used? COMPLIANCE WT' 1UBC REQUIREMENTS AND CITY OF DIAMOND BAR il.ANDARDS CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and /144 / �_ _ ate s9nature For: 3. Are there any major'. -�.-s on the site, including oak trees? SYES NO POTENTIAL If yes, type and number: - SITE WAS REVIEWED UNDER TRACTS 50314 & 48487, MASTER EIR #91-2, SCH 9001086. ENVIRONMENTAL MONITORING BY MICHAEL BRANDMAN, ASSOC. ONGOING. 4. Will any natural watercourses, surface flow patterns, etc., be changed through project development? YES NO. If yes, explain: 5. Grading: Will the project require grading? YES NO If yes, how many cubic yards? t 4,000 CYS Will it be balanced onsite? YES NO If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES D�;O If yes, explain: 7. Is the property. located withi)_ it high fire hazard area (hillsides with mode-..-,ately dense vegetation)? YES NO Distance to nearest fire station: 8. Noise: Existing noise sources at site: NONE Noise to be generated by project: TYPICAL RESIDENTIAL LEVELS Fumes: Odors generated by project: '— NONE Could toxic fumes be generated? NO 12 B. ENVIRONMENTAL INFORMATIom I. Environmental Setting—Project Site a. Existing use/structures- VACANT. GRADED PADS FOR SINGLE FAMILY HOMES b. Topography/slopes MANUFACTURED SLOPES NEAR BUILDING PADS & NATURAL SLOPES AT REAR OF LOTS *c. Vegetation BUILDING* AREAS HAVE BEEN CLEARED. NATURAL SLOPES AT REAR OF LOTS CONTAIN NATIVE BRUSH — EVALUATED UNDER TR50314, MASTER EIR #91-2, SCH9001086 *.d. Animals NONE PRESENT DUE TO SURROUNDING DEVELOPMENT *e. Watercourses NONE PRESENT f. Cultural/historical resour, as NONE PRESENT Other NONE 2. Environmental Setting -- Sur -rounding Area a. Existing uses structures (types, densities): N & E= CUSTOM SFR PADS: W= CUSTOM SFR HOMES; S= VACANT/SLOPE b. Topography/slopes N,E,W= RESIDENTIAL DEVELOPMENT; S= MANUFACTURED SLOPE ' *c. Vegetation E, EW= CLEARED, S=MANUFACTURED SLC."E *d. Animals NONE PRESI,,NT DUE TO SURROUNDING DEVELOPMENT *e. Watercourses NONE PRESENT ON qTTRP0TTTMTA7r_ f. Cultunal/historical resources NONE PRESENT 9- Other NONE Answers are not required if the area does not contain natural, undeveloped land.' 18. Identify any: Eq •oducts N/A Waste products N/A Means of disposal N/A 19. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive materials? YES NO If yes, explain N/A 20. Do your operations require any pressurized tanks? YES NO If yes, explain N/A 21. Identify any flammable, reactive or explosive materials tc. be located on-site. -_ N/A 22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? YES NO If yes, explain N/A 8. Number of floors: IgnT KNOWN 9. Present zoning: R-1-20,000, A2-2; GENERAL PLAN: RR 10. Water and sewer service: Domestic Public Sewers �Water Does service exist at site? (Y) N (Y� N If yes, do purveyors have capacity to meet.demand of project and all other approved projects? (Y N dDl N If domestic water or public sewers are not available, how will these services be provided? . Residential Projects: 11. Number and type of units: 3 CUSTOM SINGLE FAMILY HOMES 12. Schools: What school district(s) serves the property? WALNUT VALLEY UNIFIED SCHOOL DISTRICT. Are existing school facilities adequate to meet project needs? YES X NO If not, what provisions will be made for additional classrooms? Non -Residential projects: 13. Distance to nearest residential us or sensitive use (school, u.nspital, etc.) N/A 14. Number and floor area of buildings: N/A 15. Number of employees and shifts: N/A 16. Maximum employees per shift: N/A 17.. Operating hours: N/A INITIAL STUDY QUESTIONNAIRE A. GENERAL INFORMATION Project Applicant (Owner): Project Representative: :t,aAMOND BAk'EAST PARTNERS HUNSAKER & ASSOCIATES C & A DEVELOPERS (Owner) ATTN: Paul DePalatis NAME NAME 3480 TORRANCE BLVD, #300 2900 ADAMS STREET, #A-15 ADDRESS ADDRESS - TORRANCE, CA 90503 RIVERSIDE, CA 92504 (310) 540-3990 ...(.9-09) 352-7200 PHONE# PHONE# Y. Action requested and project description: APPROVAL OF TENTATIVE PARQL MAP SUBDIVIDING TWO LOTS INTO THREE LOTS 2. Street location of project: OAK KNOLL DRIVE 3a. Present use of site: VACANT; GRADED FOR SINGLE FAMILY LOTS 3b. Previous use of site or structures: NONE 4. Please List all previous cases (if any) related to this project: -TENTATIVE TRACT 48487 5. Other related permit/approvals required. Specify type and granting agency. NONE 6. Are you planning future phases of this project? Y If yes, explain: 7. Project Area: Covered by structures, paving: Landscaping: Open space: Total Area: Staff Use Project No. r - INSTRUCTIONS FOR COMPLETINt- INITIAL STUDY QUESTIONNAIRE TO THE APPLICANT: The project file must include the following exhibits, which you must provide: Initial Study Questionnaire—In completing this questionnaire, all questions should be answered as completely as. possible (attach extra pages if necessary). If requesting a land division, it should be anticipated that future development will take place and the questionnaire completed accordingly. Preliminary grading and/or -development concepts should be submitted, even if no immediate construction is anticipated. 2. Development Plan with Contours showing: a) the location and layout of the proposed development or possible pad location; b)' native vegetation --including the location, spread, health and circumference (measured 4 1/2 feet above ground level) of any oak trees or other mature and heritage trees; and C) existing and proposed landscaping. Vicinity Map of appropriate scale showing the subject property in relation to nearby streets and other significant physical features. Street maps (such as Thomas (-uide) in urban areas or L:.-S.G.S. Quad Sheets in rural areas should be used. (Quad Sheets area ava: table at many map stores or from the Department of the interior Geologic Survey, 300 North Los r,ngeles Street, Room 7638, Los Angeles -- this is the Federal Building in Los Angeles Civic Center.) 4. Photographs of 'the site, pad locations and surrounding area. An index map keyed to the photographs should be provided, showing the location and direction of each photograph. Generalized land use map of appropriate scale for the project site and surrounding properties, with uses clearly labeled. Be certain that the project number(s) is on all material (e.g. maps, photographs, questionnaire). FAILURE TO SUBMIT ALL REQUESTED MATERIALS AND TO PROVIDE COMPLETE QUESTIONNAIRE INFORMATION CAN RESULT IN DELAYS IN'PROCESSING YOUR CASE. TENTATIVE 6TAP MHALL SHOW THE FOLLOWING INF0_9AIATION 1. Tract or parcel map number in lower right hand corner. 2. Date, north point, scale and name of all owners. 3. Boundaries a. Approximate bearings and distances. b. Use heavy dashed lines to define. C. Label with references to adjoining recorded maps or deed lines. 4. Legal description of the land - sufficient to define boundaries. 5. Lots - number each lot and show approximate dimensions. 6. Contours (approximate) within and Adjacent to subdivision. 7. Streets a. Existing within and adjoining the subdivision - show name, location, width, status, and existing and proposed improvements. b. Proposed - identify by name or letter. Show location, width, status and improvements. C. Curve radius. d. Rate of grade, drainage direction, and water distribution. 8. Easements Location, width and status within the adjoining subdivision. 9. Existing Structures a. Show approximate location of those not to be removed. b. Show if within 50 feet of subdivision on adjoining land. 10. Grading Plan can be preliminary, if grading indicated on Owner's Statement. 11. Zoning - present and proposed, Delineate zone boundaries. 12. Storm Water - Approximate limits of any area subject to storm water overflow or inundation and the location, width, and direction of flow of each water course and/or Swale. 13. Wells - existing or proposed. 14. Apartment Projects, Condominium or Lease. a. Show structures with number of units therein, building setbacks and required distances between building. b. Access - vehicular and pedestrian. Show on map, specify widths. C. Puking - Show or note on map. Specify number and type (covered or uncovered). d. Recreation and service area. e.. If more than one lot, specify the net area, the number of dwelling units, and the number of parking spaces for each lot. f.. If a condo conversion, note on the map the project address and the number of each type of unit (1 Br, 2 Br, etc.) and comply with the Condominium Conversion Ordinance requirements for tenant notification of relocation fees and moving costs allocations. Submit a letter indicating that the tenants have been notified prior to submittal of the tentative map. Also, submit schedule of rents. g. Submit letter that tenants have been notified of the provision of Sec. 66452.9 of the Subdivision Map Act and a copy of the notification to the tenants as it is specifically worded in the Map Act. 15. Sewage Disposal - Location of any .existing sewage disposal system which is proposed to remain in the division of land. F. Geological Report- Submit preliminary geological and/or soils reports to City Engineer at time of tentative map submittal. IP' RUCTIONS FOR SUBDIVISION APPL, � .TION A. APPLICATION: Complete and submit one1 () copy of the Subdivision application. If a Subdivision map is submitted with any number of other requests, submit the appropriate materials that accompany each request. Appointment to file: In order to file a "Subdivision Application" please call and make an appointment. Making an appointment will assure that someone is available to review the case material for completeness and accuracy. Planning Division, 21660 E. Copley Dr., Suite 190, Diamond Bar, CA 91765, (909) 396- 5676. ' - i. The Subdivisions Application form MUST either be signed by the owner(s) of the subject property or the application must present a statement signed by the property owner(s) giving him the right to file the case. Purchaser in Escrow is not acceptable. 2. Zone may be identified on the House Numbering Map. 3. HNM—House Numbering Map. S. Use applied for - Describe the proposed project in detail—the nature of the business, occupation or purpose for which the structure or improvement or premises are to be used and what is to be done on or with the property in the way of additional improvements. 6. Tracf or parcel map number shall be obtained from Department of Public Works, 900 South Freemont Avenue, Alhambra, CA 91801 (818) 458-4930. Write the map number on all items submitted. 7. Domestic Water Source and Method of Sewage Disposal should specify type of source, name of service agency and district. B. Legal Description: A separate complete legal description MUST be typed on or attached to EACH form requiring a legal description. C- Land Use Vicinity Maps: Maps are to be the scale of one (1) inch to 100 feet, (except for very large areas requiring a map of more than 9 square feet) showing all surrounding uses, streets, highways, alleys, rights - of -ways and lot cuts. This map shall include applicant's property with dimensions and all surrounding property within a radius of 700 feet from the exterior boundaries. Outline subject property on all copies of the map. A margin should be left around the edges of the map after drawing the 700 foot radius. D. Initial Study: The California Environmental Quality Act (CEQA) requires a review of your proposed project for possible environmental impacts. This Initial Study process is intended -to d ,ermine the type of environmental documentation necessary to have your project considered by the City. The Initial Study consists of a completed questionnaire and other material which you must provide ar 1 an analysis of potential impacts prepared by staff --often with the input from reviewing agencies with pecial expertise. This process can be expedited with your cooperation. See instructions for completing Initial Study Questionnaire. 1. Environmental Information Form for Residential Projects - complete along with the Initial Study. This information will be reviewed to prepare the Environmental Determination. The rear portion of this form is for staff use only. E. Tentative Maps: shall be on one sheet and shall be on white back -ground prints. Engineers scale shall be 1 " = 100', or that will adequately show the proposed development. The overall dimensions of the map should not exceed 36" x 42", as oversize maps may not be accepted. Maps shall be folded no larger than 8" x 14" with map number showing on front. 24. Describe the surrounding properties (synopsis). This narrative shall include a description of the soil stability, slopes, drainage, scenic quality, plants, and animals which may exist. Indicate the type of land use (residential, commercial, etc.), intensity of land use (single-family, multi -family, density, commercial, professional, etc.), and scale of development (height, frontage, set -back, etc.) in the adjacent surrounding area. SURROUNDING PROPERTY TO THE NORTH, EAST & WEST IS DEVELOPED OR DEVELOPING WITH CUSTOM SINGLE FAMILY RESIDENCES. THE SURROUNDING DEVELOPMENT IS SIMILAR TO THE PROJECT AND IS DEPICTED.ON THE TENTATIVE MAP. PROPERTY TO THE SOUTH CONSISTS OF AN OPEN SPACE LOT WITH A MANUFACTURED SLOPE IMMEDIATELY ADJACENT TO THE PROJECT. Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for initial environmental evaluation of the proposed project. All info ion is to the best of my knowledge, belief and ability to determine factual, true, correct and com Date:L A�L. �__ Sig/njature� / Completion of this form is required to begin review of a project. Information within this form and the required attached materials will assist the City in determining whether a Negative Declaration may be granted, whether a Mitigated Negative Declaration may be granted, or whether Environmental Impact Report shall be required. Revised 1195 Subdivision SUBDIVISION - CHECK—LIST Tentative Maps: 30 full size folded copies and 30 reduced copies (8 112 X 11 Subdivision Application: I Slope Analysis: 10 full size folded copies Affidavit of Easements: 1 Ownership Map Showing 500' Radius & Names: 2'Ul size copies' List of Surrounding Property Owners Gummed Labels (Self adhesive): 2 List of Surrounding Property Owners on Separate Sheet: I Sur:rounding Property Owners Certified by Affidavit: 1 Tenants Notification Agreement (if applicable): I Land Use Vic, -dty Map Showing 700' Radius: I full size copy and 30 reduced copies (8 1/2 X 11") Environmental Documentation Initial Study Questionnaire - one copy. Photographs - two sets with key diagram. Plot plans where appropriate, with contours showing: 1. Grading for proposed buildable sites and access. 2. Location, species name, size and condition of oak trees and other significant trees, or a letter indicating that no such trees are on the site. t-- Environmental Information Form for Residential Projects - one copy USGS Quad Sheet with Land Division Plotted: I (original not photocopy) Oak Tree Statement: 1 Title Report: 2 copies that are less than 30 days old. Fees: Make check or money order payable to Citv Of Diamond Bar. Consult staff for exact deposit required. 2 Y "as >s o s 6€ p b a o;�cute� o Why �„ H NOV e Why T� `iss a : : a �— gn �loawn n%RnI s Y a ��5 �o01 1 Fm�� ti yk¢1� ne®r; t t o :DOp :qy �N(8 Si1f011 �N �1N31i'I LB�Bt lfLC I-L19L LN e � b S F F m t�q>>cnpp.igLu m +4pRea� co p® `V W gCO 41CL a , ■ u° ,Fo < o00C z WF a � s X007 a oeo uj uj e S LL n WF AGENDA -ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE-NUMBER". APPLICATION REQUEST: PROJECT LOCATION: PROPERTY OWNER: APPLICANT: BACKGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report 8.3 July 2, 2001 July 24, 2001 Conditional Use Permit No. 96-10(2)/Development Review No. 96-09(2), To renew a Planning Commission grant - for an operational telecommuni- cations facility. 24401 Darrin Drive - (Tract 42584, Lot 51) Diamond Bar, CA 91765 Eric and Robin Stone 24401 Darrin Drive Diamond Bar, CA 91765 Cox PC Assets LLC/ Cingular Wireless 4683 Charbot Drive, #100 Pleasanton, CA 94588 The property owners, Eric and Sandy Stone and applicant, Cox PC Assets LLC/Cingular Wireless are requesting renewal of a Planning Commission grant (Conditional Use Permit.No. 96-10(1)/ Development Review No. 96-09(1)). Additionally, the request includes granting the Conditional Use Permit in perpetuity (so that it runs with the land). 0 The project site is located at 24401 Darrin Drive ((Tract 42584, Lot 51). It has a General Plan land use designation of Low Density Residential (RL) and zoning designation of Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000). Generally, the project site is bordered by the Pomona Freeway (SR 60) on the north, Armitos Place on the south, Golden Springs Drive on the west, Carpio Drive on the southwest and Darrin Drive on the southeast. It is irregular shaped, sloping downward and then sloping upwards toward the northerly property boundary adjacent to the freeway.. The project site is approximately 10 gross acres. -A storm drain easement traverses the project site in a riorth-south direction taking access from Armitos Place and not within the area of the proposed telecommunication facility. The project site is currently developed with a single-family residence approximately 1,400 square feet. On April 22, 1997, the Planning Commission approved an unmanned telecommunications facility at the project site. The -facility consisted of three antennas and equipment 'cabinets (see Exhibit "A"). The Planning Commission grant was in perpetuity. However, the grant required that on or before each subsequent anniversary date, the applicant submit a certification attested to by a licensed engineer expert in the field of RF emissions, that the facility is and has been operating within the then current'* applicable FCC standards for RF emissions. However, on May 6, 1997, the Planning Commission approval was "called for review" by the City Council. The City Council called the project for review due to the controversy and issues related to installing a telecommunications facility within a residential neighborhood. The City Council __=i reviewed the project on June 3, 1997 and also at several subsequent hearing dates. The City Council on August 5, 1997 approved the installation of an unmanned wireless telecommuni- cations facility at the subject site for a period of 1.2 months,. thereby expiring August 6, 1998. Additionally, no fu'-ther extension was to be granted unless the applicant submi.tted an for ----an'--extension -r-o 'less than 45 days pri(--)r to the expiration and the extension -.s approved by the Planning Commission following a duly noticed public hearing. The project was energized on April 28, 1998 pursuant to all conditions of approval and is operational today. On August 11, 1998, a renewal of the City Council grant was presented to the Planning Commission. At that time, the Planning Commission directed staff to prepare a resolution approving a three-year renewal for the project. On August 25, 1998, the Planning Commission granted the applicant three more years to operate the'telecommunications facility. 9 On May 24, 2001, the applicant submitted an application for renewal of the approved Conditional Use Permit and Development Review along with the request that the grant be issued in perpetuity. ANALYSIS: DEVELOPMENT REVIEW/CONDITIONAL USE PERMIT The City's Development Code establishes a Development Review process. The purpose of this process is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest erest of residents, workers, shoppers and visitors as the result of consistent exemplary design. Development Review is within the Planning Commission's review authority. The Conditional Use Permit allows for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for particularly location. Conditional Use Permit applications are reviewed for the location, design, configuration, and potential impacts to insure that the proposed ase W'11 protect the public health, safety and welfare. The z -_arming Commission is the review authority for this particular* ar)i:�- i cation. through the Development Review and Conditional Use Perms z process issues related to aesthetics, view, site design, operational characteristics, etc- were reviewed. The antennas were Insr-alled-at approx' -,mately'six feet below th,,.flat pad area and below,ArmitPs Place, thereby not visible to the residences fror. the street-,., The antennas were painted a concealing color and additional landscape screening has been provired. The radio frequency emissions/health impacts and compliance with the FCC regulations were addressed. As a result, the telecommunications provider submitted documentation showing compliance with the required FCC safety standards. With this application to renew the existing Conditional Use Permit and Development Review, the applicant submitted a RF emissions report dated April 10, 2001 and attested by a licensed engineer. The report concluded -that the unmanned wireless telecommunications facility located at 24401 Darrin Drive complies with the FCC guidelines limiting public exposure to 3 radio frequency energy and, therefore, does not for this reason cause a significant impact on the environment. CONCLUSION The unmanned wireless telecommunications facility is currently operational and has been constructed with the appropriate---- --- --- permits. Since it has been energized, there have not been any comments from the surrounding residences.' The facility is not visible from Armitos Place due to its location and the maturing of the required landscaping. Furthermore, this facility is in compliance with the required conditions of approval. As a result, staff believes it is appropriate to approve This Conditional Use Permit and Development Review in perpetuity. On February 13, 2001, The Planning Commission approved a Nextel Communications unmanned wireless telecommunications facility for the project site. This approval allows the Listallation of two monopoles with two antennas on each pole and equipment cabinet closed by a block wall. Additionally, the Conditional Use Permit and Development Review was approved in perpetuity. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Qua"__4ty Act (CEQA), Section 15303(e) and guidelines promulgated --.-----eunder, the City has determined that this project is categorically exempt. NOTICE OF PUBLIC HEARING: D'ciice for this project was published in the Inland Valley Bi_-leziin and the Saii Gabriel Valley Tribune c -n July 12., 2001. Puhlic hearing notices were mailed toapproximately33 property owners within a 700 -foot radius of the projecc site on July 10, 2001. Furthermore, the project site was post, -,d with a display board and the public notice was posted in three public places on July 11, 2001. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit and 96-10(2) and Development Review No. 96-09(2), Findings of Fact and conditions of approval as listed within the attached resolution. 4 REQUIRED CONDITIONAL USE PERMIT FINDINGS: 1. The proposed use is allowed within the subject zoning distri*'Ct with the approval of a Conditional Use permit/Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable f�oz�".the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; 5. Granting the Conditional Use Permit/Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed dev e3l.opment are consistent with the General Plan, City Design gn Guidelines, development standards of the applicable di.s--tr'Jct, 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 developm . ent will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance 'the harmonious, orderly and attractive development contemplated by Chapter 5 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 use of materials, texture, and color that will remain aesthetically appealing; S., The proposed development will not be detrimental to thd public health, safety or welfare or materially injurious (6.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with ;the provisions of the California Environmental Quality 7-',ct .(CEQA). Prepared by: Ann J. hgu, ss iate Planner �ac. -Lments: 1. Draft resolution; 2. Planning Commission Resolution Nos. 97-6 and 98-18 and City Council Resolution No. 97-58; 3. R'_ Report dated April 10, 2001; 4. Exhibit "A" - site plan, elevations and sections, dated July 24, 2001; and 5. Application. 0 A. RECITALS. PLANNING COMMISSION RESOLUTION NO. 2001 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-10(2)1' DEVELOPMENT REVIEW NO. 96-09(2), AND CATEGORICAL EXEMPTION, A REQUEST TO RENEW A PLANNING COMMISSION GRANT FOR AN' EXISTING AND OPERATIONAL TELECOM- MUNICATIONS FACILITY AND TO CONTINUE THE GRANT IN PERPETUITY. THE PROJECT SITE IS LOCATED AT 24401 DARRIN DRIVE (LOT 51, TRACT NO. 42584) DIAMOND BAR, CALIFORNIA. The property owner, Eric Stone and applicants, Cox PC Assets LLC/Cingular Wireless have filed an application for Conditional Use Permit No. 96-10(2), Development Review No. 96- 09(2) and Categorical Exemption for a property located at 24401 Darrin Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and Categorical Exemption shall be referred to as the "Applica- tion". 2. The Planning Commission of the City of Diamond Baron July 24, 2001 conducted a duly noticed public hearing on the Application. 3. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley -Daily Bulletin newspapers on July 12, 2001. Public hearing notices were mailed to approximately 148 property owners of record within a 700 -foot races of the project on July 10, 2001. Furthermore, the project site was posted with a display beard and the,hublic notice was posted in three public places on July 12, 2001. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, according to Section 15303(e). 1 I The Planning Commission hereby specifically finds and determines that, having conside &0 e record as a whole including the findings set forth below, and changes and alterations which been incorporated into and conditioned upon the proposed project set forth in the application, th e is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based. upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the, findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an irregular shaped lot that slopes down to a canyon and then slopes upward to the northerly property boundary adjacent to the freeway. The project site is approximately 10 gross acres. A storm drain easement traverses the project site in a north - south direction taking access from Armitos Place and not within the area of the existing telecommunic-Ition facility. The project site is currently developed with a single family residence approximately 1,400 square feet and the applicant's existing and operational telecommunication facility with three monopoles and an equipment cabinet approved by the Planning Commission in 1998 and expiring on August 25, 2001. The project site is bordered by the Pomona Freeway (SR 60) on the north, Armitos Place on the south, Golden Springs Drive on the west, Carpio Drive on the southwest and Darrin Drive on the southeast. (b) The General Plan land use designation for the project site is Low Density Residential (RL - Maximum 3 DU/Acre). (c) The zoning designation for the project site is Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000). (d) Generally, the following zones and uses surround the project site: to the north is the Pomona Freeway (SR 60); to the south is the R-1-10,000 Zone; and to the west and East is the R-1- 10,000 and R-1-8,000 Zones. (e) The application request is to renew the Planning Commission grant (Conditional Use Permit No. 96-10(1)/Development Review No. 96-09(1) approved for three -years on -August 25,1998, thereby expiring August 25, 2001. Additionally, the request includes granting the Conditional Use Permit in perpetuity (so that it runs with the land). This application request does not modify the existing and operational unmanned wireless telecommunications facility in anyway. Conditional Use Permit (g) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The existing and operational unmanned wireless telecommunications facility was reviewed and approved through a Conditional Use Permit process for three years by the Planning E Commission on August 25, 1998. The purpose of the Conditional Use Per5J%_)' gprovid a process for reviewing specified activities and uses identified in a zoning dist �e effect on the surrounding area cannot be determined before being proposed for a particular location. The Commission at that time determined that the telecommunicaions facility was appropriate for the project site as conditioned. The facility was installed Y pursuant to Planning Commission Resolution No. 98-48 and all conditions of approval therein. This application request does not modify the existing telecommunications facility in anyway. The unmanned wireless telecommunications facifityis currently operational and has been constructed with the appropriate permits. Since it has been energized, there have not been any comments from the surrounding residences. The facility is not visible from Armifos Place due to its location and the maturing of the existing and required landscaping. As a result, project impacts could be considered minimal. Pursuant to the City's Development Code standards for telecommunication facilities, the existing facility is permitted in this residential zones but with the approval of a Conditional Use Permit. Staff believes it is appropriate to grant this Conditional Use Permit and Development Review in perpetuity. (h) The proposed use is consistent with the General Plan and any appli6able specific plan; The project site has a General Plan land use designation of Low Density Residential (RL - Maximum 3 DU/Acre). Objectives and Strategies of the General Plan encourage the establishment of new technology that are. deemed environmentally safe and compatible with development. The existing project is required to comply with Federal regulations regarding radio frequency emissions, thereby considered environmentally safe. With this application to renew the existing Conditional Use Permit and Development Review, the applicant submitted a RF emissions report dated April 10, 2001 and attested by a licensed engineer. The report concluded that the unmanned wireless telecommunications facility located at 24401 Darrin Drive complies with the FCC guidelines limiting public exposure to radio frequency energy and, therefore, does not for this reason cause a significant impact on the environment.. The existing telecommunications facility is compatible with the General Plan in that'ii-yf only generate a very minimal amount of additional traffic to the neighborhood by infrequent maintenance visits. It will not. create a new source of light and noise. It will not be visible from Armitos Place and will not block the view of the hillside north of the 60 Freeway. A specific plan does not exist for the project site or area. (i) -The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 10 gross acres and developed with a 1,400 square foot single-family home and the existing telecommunications facility approved by the Planning Commission August 25, 1998. The existing telecommunications facility utilizes approximately 300 square feet of the project site. Considering the size of the project site and the lot area utilize by the existing telecommunications facility, it is clear that the project site can continue to accommodate the facility. The telecommunications facilty will continue to generate a minimal amount of additional traffic to the neighborhood by 3 infrequent maintenance visits. It does not create a new source of light and n e facility complies with FCC regulations regarding radio frequency emissions as dis d an Item (h) above. It will not be visible from Armitos Place and will not block the vie the hillside north of the 60 Freeway. The facitty is camouflaged painted and addtional landscaping which has matured blocks the view of the facility from Armitos Place. The existing vegetation also assists in screening the telecommunications facility. Therefore, it is unlikely that the facility has negatively impacted the single-family residential neighbor- hood. Furthermore, the facility has been operating for a total of four years and does not appear to have negatively impacted the single-family residence. Therefore, •the project's design, location, size and operational characteristics, as conditioned, is compatible with the existing and future land uses in the vicinity. (j) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; AR referenced above in Item (i), the exisling telecommunications facility still meets the required development standards for the 0-1-10,000 zone. As such, it is compatible with adjoining land uses. Provisions for utilities exist at the project site. (k) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (g) through (j), the existing telecommunications facility has met and still meets the City's minimum development standards. Traffic is minimal. As discussed in Item (h) above, the existing telecommunications facility meets the FCC requirements regarding radio frequency emissions safety and has been installed with the appropriate City permits. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (I) 1 e proposed project has been reviewed in compliance with the provisions of the C. lifornia Environmental Quality Act (CEOA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(e) and guidelines promulgated thereunder, the City has determined that this project is categorically exempt. Development Review (m) The design and layout of the proposed development are 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); As referenced above in Items (g), (h), (i) and (j), the existing telecommunications facility is a] consistent with the City's Design Guidelines, development standards of thele district, and architectural criteria for special areas. Additionally, a specified arch 1-4 criterion for the area does not exist. (n) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; As referenced in Items (g) and (k) above, the design and layout of the existing telecommunications facility does not interfere with the use and enjoyment of neighboring existing or future development, and does not create traffic or pedestrian hazards. (o) 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; As referenced in Item (i) above, the architectural. design of the existing telecom- munications facilitate is compatible with the characteristics of the surrounding neighborhood and maintains and enhances 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. .(p) 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; As referenced above in Item (i), the design of the existing telecommunications facility provides a desirable environment for a occupants of surrounding residences and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of, property) to the propolies or improvements in the vicinity; - As referenced in Items (i) and (k) above, the telecommunications facility is itot detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan, sections/elevations, and landscape/irrigation plan, collectively labeled as Exhibit "A" dated July 24; 2001, as submitted, amended herein and approved by the Planning Commission. 5 (b) The site shall be maintained in a condition which is free of debris both during a the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtpined permits from the City of Diamond Bar to provide such services. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Applicant shall comply with all Federal, state and City regulations. (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Perm4Development Review shall be subject to period review. If non- compliance with conditions of approval occurs, the Planning Cbmmission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (f) In order to guarantee the continuing health and maintenance of the required landscaping the $24,000 performance bond which was required as part of Planning Commission Resolution No. 98-18 approval shall remain in full force and effect. (g) The $10,000 bond which was required as part of Planning Commission Resolution No. 98-18 for the purpose of guaranteeing the removal of the facility and restoration of the site to a condition acceptable by the Deputy City Manager shall remain in full force and effect. (h) 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 Departmegt, their affidavit stating that they are awara of and agree to accept all the conditions of the , grant. Further, this grant shall not -be affective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (i.) 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. 0 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 10(N (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Eric and Vlb- Sandy Stone, 24401 Darrin Drive, Diamond Bar, CA and Cox PC Assets LLC/ Cingular Wireless, 4683 Charbot Drive,. #100, Pleasanton, CA 94588 APPROVED AND ADOPTED THIS 24TH OF JULY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Bob Zirbes, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planbing Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 24th day of July 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary PLANNING COMMISSION RESOLUTION NO. 98-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY.OF DIAMOND BAR EXTENDING CONDITIONAL USE PERMIT NO. 96-10 AND DEVELOPMENT REVIEW NO. 96-9 TO CONTINUE THE OPERATION OF AN EXISTING CO -LOCATED, UNMANNED, WIRELESS TELECOMMUNI- CATION FACILITY LOCATED AT 24401 DARRIN DRIVE, DIAMOND BAR, CALIFORNIA. A. EZZI AT.0 , 1. On August 5, 1997, the City Council of the City of Diamond Bar approved Conditional Use Permit No. 96-10 and Development Review No. 96-9 by Resolution No. 97-58. The permits were subject to expiration on August 6, 1998 unless the applicants filed an application to extend no less than 45 days prior to the expiration. 2. On June 4, 1998, the property owners, Eric and Robin Stone and applicants, Pacific Bell Mobile Services and Cox/Sprint PCS have filed an application requesting an extension of Conditional Use Permit No. 96-10 and Development Review No. 96-9 in order to continue the operation of an existing co -located, )4nmanned, wireless telecommunication facility.- The project site is located at 24401 Darrin Drive (Lot 51 of Tracts No. 42584), Los. Angeles County, California, a:.. described above in the title of this Resolution. Hereinafter in this Resolution, the subject request shall be referred to as the "Application 3. The Planning Commission of the City of Diamond Bar on August 11, 1998 conducted a duly noticed public hearing on the Application. On August ll, 1998, the Planning Commission directed staff to prepare a resolution approving the extension of Conditional Use Permit No. 96- 10 and Development Review No. 96-9 until August 5, 2001. 4. Notification of the August 11, g 1998 Public hearing for this project was provided in the San Gabriel Val. ley 1 B. Tribune and Inland Bu33etJ1j newspapers on July 22, 1998. Approximately 322 property owners within a 500 foot radius of the -project site we"ie notified by mail on July 21, 1998. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission . of the City of Diamond Bar as follows: 1. This Planning -Commission hereby specifically finds that all 'of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as ,mended, and the guidelines promulgated thereunder, pursuan't to Section 15303 (e) of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Government Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in'the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in .Section 753..5 (d) of Title 14 of the California Code of Regulations. 4 Based on the findings and conclusions set -forth h . e:-ein, this Planning Commission hereby finds as follows: (a) The Application relates to a City Council on August 5, 1997. The Project approved by the approval allowed the installation of a co -located, unmanned, wireless telecommunication facility for twelve month at 24401 Darrin Drive, Diamond Bar, CA 91765. (b) The project site has a General Plan Land Use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre (R-1-3DU/Acre). It is zoned Single Family Residential -Minimum Lot Size -10,000 Square Feet (R-1-10, 000) (C) Generally, the following zone and use surround the 2 0 project site: to the north is the Pomona (60) Freeway; and to the south, east and west is the Single Family Residential -Minimum rot Size -10,000 Square Feet (R-1-10,000) Zone. (d) There have been no changes in circumstances or conditions and all of findings set forth in Citv Council Resolution No. 97-58 are still valid and can still be made. The application to extend does not affect or Alter -any of the facts or findings that were made by Council. 5. Based on the**findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The Project shall substantially conform to plans collectively labeled Exhibit "A", dated August j.-1, 1998, as submitted and approved by the Planning` C 07-imission. (b) The site shall be maintained in a condition which is free of debris both during and after the con- struction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall.be done only by the property owner, applicant or by.a. duly permitted waste contractor, who has been authorized by -the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. Al'��' conditions of approval listed within'City Council Resolution-Nor.-9-7=-58-sha-l-l-rema:iri-:Lri-fill-L�----- foi-ce and effect unless amended as a part of - action. this1�v (d) In order to guarantee the continuing health and oaf maintenance of the required landscaping, the $24,000.00 performance bond, submitted by the�O applicants, shall remain in full force and effect until this grant expires. (e) The $10,000-00 bond that guarantees the removal of the facility and the restoration of the site to a condition acceptable to the Deputy City Manager shall remain in full force and effect until this grant expires. 3 (f) This grant is valid for three'year'm-fzom August 5, 1998 to August 5, 2001. No further extension shall be granted unless the applicants submit an application for and extension no less than 45 days prior to the expiration and the extension is approved by the Planning Commission following a duly noticed public hearing. Nothing contained herein -shall be construed -as conferring any right to an extension. (.g) 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 Development 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. (h) 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. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) -Forthwith transmit a certified copy of this Resolution, by certified mail, to: Eric and Robin Stone, 24401 Darrin Drive, Diamond Bar, CA 91765, Pacific Bell Mobile Services, 2521 Michelle Drive, 2nd Floor, Tustin, CA 92780 and Cox/Sprint PCS, 18200 Von Karman, #100, Irvine, CA 92612. APPROVED AND THE PLANNING COMMISSION ff-W ADOPTED THIS 25TH DAY OF AUGUST, 1998, BY OF THE CITY OF DIAMOND BAR. Joe McManui, Chairman 0 1!' r pin Lungu, Acting Planning Commission Secretar has 0,t the foregoing Resolution was duly introduced, passed, hereby certify 1 py the Planning Commission of the City of Diand adopted amond Bar, at a regular s meeting of the Planning Commission held on the 25th day of August, 1996, by the following vote: y AYES': McManus, Tye, Nelson, Kuo, Ruzicka NOES: ABSENT: ABSTA N: ATTEST: ng ec a ar Ann Lungu 19 PLANNING COMMISSION RESOLUTION NO. 97-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-10, AND DEVELOPMENT REVIEW NO. 96-91 A REQUEST FOR CO - LOCATION OF A TELECOMMUNICATIONS FACILITY BY COX COMMUNICATIONS AND PACIFIC BELL MOBILE . SERVICES, CONSISTING OF THREE ANTENNAS AND EQUIPMENT CABINETS AT 24401 DARRIN DRIVE, DIAMOND BAR CALIFORNIA. A. RECITALS. 1. The property owners, Eric and Robin Stone and the applicants, Cox Calif. PCS, Inc. and Pacific Bell Mobile Services have filed an application for Conditional Use Permit No. 96-10 and Development Review No. 96-9 as described bed above in the title of this Resolution. H.ereir--after in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly o2:_:.,"nized municipal corporation of the State of California. Thereafter, the City council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. On July 25, 1995, the City of Diamond Bar adopted its General Plan. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The.Pl,anning Commission of the City of Diamond Bar on April 22, 1997 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 7 1997, February 4, 1997 and April 11, 1997. Ninety-six (96) property owners within a 500 foot radius of the project site were notified by mail on January 8, 1997. 494 property owners within a 5001 radius of the exterior bouhdaries of Tract 42584 were notified by mail on February 4, 1997 and April 11, 1997. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, .. Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970, as amended,.and the guidelines promulgated thereunder, pursuant to Section 15303 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered 'r,.he 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 wil-- :,.ave the potential of an adverse effect an wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of -the California Code of Regulations. 4. Based on the f indings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a developed parcel, approximal--ely 6.87 acres in si%,.,- located at 24401 Dar. -in Drive. (b) The proje,;t site hap ,a Genera'I?lan land use designation of Low Density Residential (RL) . It is within the Single Family Residential (R- 1-10,000) zone. (c) Generally, the following uses surround the project site: to the north is the. Pomona Freeway, to the south, east and west is single family residential development. In approximately the center of the project is a separate parcel occupied by a fire station. (d) The proposed project is a request for the co - location of a to* .-ommunications facility by two service providers on a residential property and a request for an amendment to Tract Map 42584, removing a , restriction from said Map allowing the City to prohibit vehicular ingress and egress to Armitos Place. (e) The proposed conditional use Permit will not be in substantial conflict with the adopted General Plan. The General Plan provides for a variety and mix of land uses and accessory uses necessary for the health, safety, comfort and convenience of the community. The facility's operation offers a service to the community and emergency agencies. Therefore, the proposed facility is consistent with the General' Plan and is further authorized as a conditionally permitted use within the R-1-10,000 zone pursuant to the Planning and Zoning ,Code, Section 22.20.100. (f) The proposed project will not: (1) Adversely affect the health, peace, comfort- or welfare of persons residing in the.sur-roundinq area; or. (2) Be materially ,:�rially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or (3) -Jeopardize, endanger or ot7ne-z-vise constitute a menace to public health, safety or general welfare for the following reasons; The Conditional Use Permit's approval allows for the proposed telecommunications facility's construction. The facility, as conditioned complies with all City Codes and therefore does not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. Currently, the consensus of the scientific community maintains that the radio frequency radiation emitted and the lower frequency electromagnetic field's associated with this type of facility generally do -not produce adverse health effects in humarm because they are non -ionizing in nature and ncrmal expcsures are controlled so as not to result in thermal effects. As such, the facility will not be detrimental to the use, enjoyment or valuation of property or persons located in the vicinity of the site. (g) The proposed site is adequate in 'Size and shape to accommodate development features prescribed in this approval to integrate the use in the surrounding area.. (h) The -project ,site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry 3 the kind and quantity of traffic such use would generate; and (2) By other public or private service facilities as are required. The project site is served by Armitos Place. However, the project site, which is Lot 51 of Tract Map 42584, contains a map restriction which gives the City the authority to restrict ingress and ingress to Armitos Place. It has been determined that vehicular access to the site is not necessary and that maintenance trucks can utilize on -street' parking. The facility does not significantly increase vehicular traf f is to and from the site. it requires only a few routine maintenance checks with one vehicle during a one year period. Additionally, electrical and telephone service to be utilized by the facility already exists at the site. The proposed project is in compliance with Development Review ordinance No. 5 (1990). The architectural design of this project is compatible with the character :;f the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990). The three antennas will be approximately level with the grade of the property's level pad area and will not be visible when viewed from the street. Additionally, berming and additional landscaping will further screen and enhance the appearance of the project site so that it will be compatible with the neighborhood. Additionally, the antennas will be painted to match the existing landscaping and topography. and additional landscaping will be 'added to create a naturalized grove on the slope. The equipment cabinets will be screened —Itt. a block wall painted to me,;ch the surroundings and screened with landscaping. (k) The design of this project will provide a desirable environment for its occupants and visiting public as well as Its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing - and will retain a reasonably adequate level of maintenance. (j) The proposed removal of the map restriction is not of significant benefit to the C, -.y. As part of the project proposal, the applicant has requested removal of a map restriction from Tract Map 42584 which gives the City the 4 authority to restrict vehicle ingress and ingress to Armitos Place. Removing this restriction will only benefit the project applicants and will provide no benefit to the City as a whole, since vehicular access to this site from Armitos Place is not needed for the improvement of traffic or circulation within the area. Therefore, the action for approval of this project does not include the removal of the map restriction from Lot 51 of Tract Map 42584,. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to plans collectively labeled as Exhibit "All as modified, dated April 22, 1997, as. submitted and approved by the Planning Commission. i. (b) The site shall be maintainer• permanently in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whather - during or , subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and -disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has ' obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall comply with all State, R-1 Zone, Public Works Department and Building and .Safety Division requirements. (d) 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 may be requested in writing and submitted to the City 30 days prior to expi- ration date. (e) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than permittee) have filed, within fifteen (15) days of approval of this grant, at the office of Diamond Bar Community Development Department, their Affidavit of Acceptance stating that the applicant/ownerds aware of and agrees to all conditions of this grant. Further, this grant shall not be effective until the permittee pays 5 any remaining City processing fees. 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, payable to the County of Los Angeles, 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 de minimis 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. (g) Prior to final inspection of the telecommunications facility, the applicant shall submit a radio'frequency radiation (?SFR) field measurement study to the Plani 'ing Division for review and approval which verifies compliance with FCC emission standards. The study shall be accompanied by a report describing cornliance with these standards in language that can be understood by a lay person. Any costs associated with this review shall be borne by the applicant. (h) One year from the date of project approval and yearly, on or before each subsequent anniversary date, the applicant shall submit a certification attested to by a licensed engineer expert in the field of RF emissions, that the facilities are and have been operated within the then current applicable FCC standards for RF emissions. Any costs resulting from the review of this certification shall be borne by the applicant. (i) If the wireless telecommunications facility approved by this '-,-esolution is operatei or maintained in violation of FCC standards, said facility shall be subject to permit revocation by the Planning Commission. (j) In the event of any future maintenance problems, abandonment of use or changes in technology which render the above mentioned facility and screening structure obsolete, the applicant shall, upon notification by the City of Diamond Bar, repair, replace or remove the screening structure and/or facility within 90 days. (k) Prior to permit issuance, the applicant shall submit landscaping/ fencing and irrigation plans to the Planning Division for review and 6 approval. Landscaping, incorporating the earth removed from the equipment cabinet/pad area, shall be provided on the flat pad area in quantities sufficient to enhance the appearance of the project site when viewed from the street, creating a neighborhood amenity as determined by the Planning Division. The equipment cabinets shall be enclosed by a block wall or other opaque fencing materials as approved by the Planning Division, painted to blend with the surrounding terrain and landscaping. Landscaping shall be provided adjacent to the walls, in quantities -and heights sufficient to soften the appearance of the- wall -and provide additional screening. Trees, shall also be provided between and surrounding the antennas and shall be planted in an arrangement representing a naturalized grove of trees. Plant materials shall emphasize drought - tolerant materials and/or*native species ds in the. following sizes and types: trees; 24 inch box, 20%, 15 gallon, 80%: shrubs; 5 gallon 70%, 1 gallon (herbaceous only) 30% In order to guarantee continuing health and maintenance of the landscaping the applicant shall provide a statement of surety in the form of cash, performance bond or certificate of deposit equal to 100% of the total value of all plant materials, irrigation and installation costs which shall be posted with the City for a two- year period. All landscaping shall be installed prior to final project inspection. Plans shall conform to State and Local Building Codes (i.e. 1994 editions of the Uniform Building Code, Plumbing Code, Mechanical Code, and 1993 edition of the National Electrical Code) as well as the State Energy Code. (m) Proposed antennas shall be engineered to meet wind loads of 80 m.p.h. with an exposure of It C. of (n) All cables or electrical conduits from the BTS cabinet or any vault, shall be installed underground. Any new or additional electrical service associated with this project shall be installed underground. (o) Prior to permit issuance grading plans showing all cut and fill quantities and drainage plans shall be submitted to the Public Works Department. VA The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to, Eric and Robin Stone, 24401 Darrin Drive., Diamond Bar CA, 91765, Cox California, PCS, Inc. 2381 Morse Avenue, Irvine, CA 92714 and Pacific Bell Mobile Services, 5959 W. Century Boulevard, Los Angeles, CA 90045. APPROVED AND. ADOPTED THIS 22ND DAY OF APRIL, .1997 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: I, James DeStefano, -.Planning Commission Secretary, do hereby certify that the foreg' ing Resolution was duly introduced, passed, o and adopted by the Planning Commission of the City of Diamond Bar, at. a regular meeting of the Planning Commission held on the 22ND day of April, 1997, by the following vote: W AYES: COMMISSIONERS: Ruzicka, Fong, Goldenberg, McManus, NOES: COMMISSIONERS: Schad ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: A'..fTEST: 4Ja'e DeStefano, Secretary____ 8 t Sprint PCS - Existing Base Station (Site No. LA03xc267) 244011/2 DUrrin Drive - Diamond Bar, California Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of Sprint PCS, a personal wireless telecommunications carrier, to evaluate the existing PCS base station located at 244011/2 Darrin Drive in Diamond Bar, California (Site No. LA03xc267 aka LA2-12), for compliance with appropriate guidelines limiting human exposure to radio frequency electromagnetic fields. Prevailing Exposure Standards The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions for possible significant impact on the environment. In Docket 93-62, effective October 15, 1997, the FCC adopted the human exposure limits for field strength and power density recommended in Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on 'Radiation Protection and Measurements ("NCRP"). A summary of the exposure limits contained in NCRP-86 is shown in Figure 1. Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent Institute of Electrical and Electronics Engineers ("IEEE") Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes nearly, identical exposure limits. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive threshold for exposures of unlimited duration to radio frequency ("RF") energy from PCS transmissions at 1,900 MHz is 1.0 mW/cm2, applying in areas for which access by the general public is uncontrolled. General Facility Requirements Antennas for base station use are designed to concentrate their energy toward the horizon, with very little energy wasted toward the sky or the ground. Along with the low pongei of such facilities, this means that it is generally not possible for exposure conditions to approach the FCC limits without being physically very near the antennas. '! Site Description The site was visited by the undersigned engineer on April 5, 2001. Sprint (foaunerly 'fox Communications) had installed at the top of approximately 20 -foot poles two sets of directional panel antennas. The site is accessed by a dirt path opposite 367 Armitos Place, Diamond Bar. HEHAMMETT & EDISON, INC. CONSULTING ENGINEERS 980716-0267 SAN FRANCISCO Page 1 of 3 N Sprint PCS • Existing Base Station (Site No. LA03xc267) 244011/2 Darrin Drive Diamond Bar, California Cingular Wireless (formerly Pacific Bell Wireless and Pacific Bell Mobile Services) has installed a pair of antennas atop a similar pole at the site. There were noted no other wireless transmitting facilities nearby. A Measurement Results The measurement equipment used was a Wandel & Goltermann Model EMR -300 Radiation Meter (Serial No. P-0008) with a Type 25 Isotropic Electric Field Probe (Serial No. A-0051). Both meter and probewere under current calibration by the manufacturer. Access to antennas is controlled by virtue of no climbing pegs being installed on any of the poles. The maximum observed power density level measured at any publicly accessible location was adjacent to the site, which was less than 0.05% of the applicable public limit (i.e., over 2,000 times below). Appropriate signs, warning workers on the two Sprint poles of the transmitting antennas aloft, were observed near the base of the poles. No signs were posted on the Cingular Wireless pole. Power density measurements were not conducted at the antennas themselves, since it can be assumed that such access is likely only for Sprint and Cingular employees, who presumably have been trained not to work in front of energized antennas. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that the base station installed by Sprint PCS at 244011/2 Darrin Drive in Diamond Bar, California, complies with the FCC guidelines limiting public exposure to radio frequency energy and, therefore, does not for this reason cause a significant impact on the environment. HXHAMMETT & EDISON, INC. CONSULTING ENGINEERS 980716-0267 SAN FRANCISCO Page 2 of 3 The undersigned author of this statement is a qualified Professional Engineer, holding California Registration No. E-12627, which expires on September 30, 2003. This work has been carried out by him or under .his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by ,others, which data he believes to be correct. April 10, 2001 HAMMETT & EDISON, INC. CONSULTING ENGINEERS SAN FRANCISCO r �n.,UFcSS/_ v o �pS D. No. E-12627 Exp. 9-3003 \\0F CAt\F��/ Robert D. Welle P.E. 980716-0267 Page 3 of 3 Frequency Applicable Range (MHz) 0.3-1.34 1.34-3.0 3.0-30 30-300 300-1,500 1.500 – 100.000 National Council on Radiation Protection and Measurements ,Report No. 86 (Published 1986) "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields" Radio Frequency Protection Guide ElectromaLynetic Fields Electric Magnetic Equivalent Far -Field 'Field Strength Field Strength Power Density (V/m) (A/m) (mW/cm2) 614 614 1.63 1.63 100 100 614 823.8/f 1.63 2.19/f 100 1801f-' 1842/f 823.8/f 4.89/f 2.19/f 900/f2 1801P 61.4 27.5 0.163 0.0729 1.0 0.2 3.54VT 1.59q- VU106 g7238 f/300 f/1500 137 _ 61.4.. 03:64 0.163 5.0 1.0 Note: f is frequency of emission, in MHz. Power 100 Density 10 (mW/cm'- ) 1 a Contact 1000 Current (mA) 100 Occupational Exposure Public Exposure — — — Contact Currents (MA) 0.1 1 10 100 103 104 105 Frequency (MHz) 200 200 200 no limit no limit no limit HEHAMMETT & EDISON, INC. Cortstn nNG ENGINEERS NCRP-86 Standard SANMANCISCO Figure 1 RFR.GROUNDTm Calculation Methodology Determination by Computer of Compliance with Human Exposure Limitations The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions, for possible significant impact on the environment. In Docket 93-62, effective October 15, 1997, the FCC adopted the human exposure limits for field strength and power density recommended in Report No. 86, `Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent Institute of Electrical and Electronics Engineers ("IEEE") Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 -GHz," includes nearly identical exposure limits. These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for. occupational or public setti..igs, respectively, do.not exceed the limits. The FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives the formula for calculating power density from an individual radiation source: power density S = 2.56 x 1.64 x 100 x RFF2 x [VERP + AERP], , mW/cm2, in where VERP = 0.4 x total peak visual ERP (all polarizations), in kilowatts for NTSC, = average power (all polarizations), in kilowatts for DTV, AERP = total aural ERP (all polarizations), in kilowatts, RFF = relative field factor at the direction to the actual point of calculation, and D = distance from the center of radiation to the point of calculation, in meters. The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of '.64 is the gain of a half -wave di;)ole relative to an isotropic radiator. Thr: factor of 0.4 converts YTSC peak visual ERP to an.aveiage RMS value. for FM, cellular, and PCS stations, of course, the t alue of VERP is zero. The factor of 100 in the. numerator converts to the desired units of power density. This formula has been built into a computer program by Hammett & Edison that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of the actual terrain at the site to obtain more accurate projections. HAMMM & EDISON, INC. CONSULTING ENGINEERSik Methodology SAN FRANCISCO Figure 2 Conditional Use Permit Renewal Application for a Wireless Telecommunication Facility at 24401 Darrin Drive Diamond Bar, California 91765 Introduction Cox PCS Assets, L.L.C., (a.La. Sprint PCS) and Cingular Wireless (CW) arc proposing to renew the Conditional Use Permit for a wircim tclMOmmumcatioas fac>7ity already in existence at 24401 Darrin Drive, Dian o ul Bar, California 91765. Efforts are currently underway m Los Angelos County to establish the required iiistructure for PCS. COX has retained Wireless Facilities Inc. (WFI) to fiwiluate th_i land use entitlement process. WFI is .currently seeking the renewal of a Conditional Usetmit for the use and maintenance of a collocated wireless talteomonmicasions {acuity, for Sprint PCS and for CW. The existing wireless telecara M=icAb= facility is located on the side of a hill between the 60 Freeway and Armitos Place. The wireless facilq is well landscaped and maintained. Sprint PCS and CW propose no changes; additions or new construction. Background PCS will change the f mm of telecommunications with easy to -use, b&weight and higWy mobile communications de"= including: portable telephones, and Personal Digital .Assistants (PDAs). PCS will provide voice, e-mail and i =met awes, capabilities for c ustwwrs, C=M===w needs virtually anywhere and at any time. The PCS network being developed by COX differs from typical cellular networks m tat hn Uses state of the art digital technology versus traditional analog cellular systems. (i.e., AT&T Wireless and Vcrizoo) which have been in use since the early 1990'x_ The benefits include increased capacity over analog based systems, cap privacy and security, improved voice quality, and an expanded menu of affordable products and services for personal and professional communications needs. In the future the COX network w.:1 also featv,ie a locator device.that will co mea 911 calls -to local police and fire dapartments. In lac event of -an - ctnorgency, spwja y e wPPed emergduey vehicles will be able to ideality a custwwrs location once a call is rcoaved: Ciagular Wireless (CW), fcxmarly Pacific Bell Wireless, t as also set ids goals to become a pramcr wireless provider to bring a superior, more cost-effective and sevum personal oomnmuaicatian services (PCS) wireless comrnunieatiOns network to the South= California market. Wireless are transmuted through, the air by radio fiutquea j=. The two oldest forms amt Cellular and enhanced specialized mobile radio (BSMR), both of which arc transmitted by radio waves. The newest form of wireless commcuaicatieus, personal commune 1diOu se -u= (PCS), n trotted by higher $e9ueneY radio waves. PCS is the next generation of wueless Ommudc4tioM. Consumers of PCS will be oBarod more affordable services such as voice con=umcation, caller ideatific won, pa8ia9, facsimile services, E -mad, r....... .��.1 1:11111 t r. i .'1 ';�1.,• .. "1 11$.I,.d i 1 : .1x1 1111 !r 7:4 1 . ;1"1 11 1.1 1 a 1 . ±• Project Overview COX and CW propose renewing the =Wmg CUP on the colt facility. There are thnae poles with two RMM= an each pole. The top of each pole fr 19' be. gmde. The poles are painted a color to M2Wh the COMM Vegetation on the Slope. The seven ('n Base Traascv ver Station ("BTS') cabinets ane located behind a block wall ivy now gnawing an the outside. The BTS cabinets art; well hidden by the cn ,*g vegetation. No is visible to - the public, and nom oftho cquqmmia, nor lite antennae ace vISHk finm Arrnnos Place. Each aatcam measures 4'-4" higls x 5.3" wide x 2.0" deep and each BTS cabinet measures 5' high x 3'-0" wide x 3'-0" deep. 71le specific location anddesignof the proposed project is illustrated in furdser detail on the attadmd drawings, and pictim. Tlu comtttuaicatioms facility uansn uts at a fro4ucxicy rup ofbativ= 1850 and 1990 MHz. A typical PCS site OPCIVW on standard telephone lines and ctaumetcial electrical power. The transmitted signals from the sft consist of non -loan mg waves 1 uW/cm2, which is apificandy lower thea the maxmm allowable public exposure of loop UW/cm2 as set by the American National Standards Institute (ANSI) and Ins�e of Elearieal and Electronic Engineers (IEEE). Tac current ANSUIEEE standards for protection against fregvency/microwave (RF/MW) fields are set at 50 radio pose a health risk to 1.1m.,-- ' a level butt sc btlievey The carruaunicatioos facility previus 24-hour service to custom seven (7) days a week Tice facility Sm' smvwcd by a COX technician on a periodic basis. It is reasonable to eVect that routine mai atctsaaceJimspecriom of the facility will occur omee a montL Beyond tics imtermfttetu service, COX requires 244=r access to the facility to ensure that technical support is mnediately available if and when Overview Of Site Design/Location Criteria The network of COX cell sites throughout the reo:on is "lacatiOnally d =e is a necessity and logical kferrelatiomsWp betweta each cell site. that a angle cell site can lead to gape is the sysum and ptmhibit COX 5+ott► Elim inatie,g or ze A service to customrs m a defined 1nOd�B uninterrupted coverage orlo n urther, the or mlom tiam of a cell site will most o$en have a " doanino" a8ect on ager cell sift locations and necessitati; sigaifica d= n chanM or modifications to ft network. In ld=mfying the proposed PCS location' Cox network deptoyn=Personnelhave that not only r the technical obpWvw of RF eugir ccriag, but sato d a srtc B B regard to other loty cridectia that include, but are m limited to:, aaccessibility,u tY • mnmg litity, liability and risk mamtenaact and construction casts, L40JX4767 - ~I Oe®v+v, DNear � a.. 7/24N Extension of CUP Al the laWyannZ is the &W mniest to extend the lift aftim Mild= am Mftic ft Lin five YM- $Sit= ECS and CWM,Iar wireless MMUNIM jj—a—= that 6e entitlement for the tttaal CUP be rangied for a 22.d2d Of time. Comps" with Other Site Development Standards 71be location, m2e, desim and operating characteristics of the - "icatim Wlity does M craft unusual noise, traffic or other conditions or situations that may be objectionable, dcU=ntW or M00inpabble with the surrounding Land uses. The existing use is conais= with this finding in that: The equipment associated with the telecommunication structure operates quietly or virtually noise free. The equipment does not emit fimm, smoke, or odors that could be considered objectionable. The tel ficilky, is unmanned and only mquires p==k maintMance which I GO== to aPPT0xiM3tC1Y one trip per month. Tbc teleconuounicatim facility does not nsult in editions or circumstances contrary to the public hearth, safety and the general welfare. The use is consistent with this finding in that: The proposed telecommunication facility operates w full compliance with the U.S. nandards for radio frequency emitsions as published by the American National Standards Institute (ANSI), The ANSI was developed by the committeecomposed of 125 scienWu fmm universities, non' profit laboratories and Federal Health Laboratories (FDA, NIOSH, EM. In 1992 ANSI established, as a public safety standard, a m=muan exposure, level to radio fioquency enure* Of 100 uncruwalts Per oentuncter squared (1,000 aW/cm2). The typical exposure level of a PCS facility n kulhAll I m=vw= Per centuncter squared (< uW/cm2). The radio frequency emissions emitted by the proposed COX PCS facility falls within the portion of the electromagnetic spectrum which transmits =jj.Wn=g emissions. At the low levels associated with this " of-whvim technology, theft esuf=ions are not harmfid to living cells. Among the items which result in,non-ionizing c clic cadniow an radios, tolevis"n broadcasts, CB radios, microwave ovens, and a vanoty of =nmon security systems - CMVer$dY, it== VAuCh UWSMit ionizing electromagnetic emissions include ultraviolet 110t, medical x-rays and San= rays. Dat" currently available On the cff=s Of crew 'c transmission an public health -indicate Thai there is no likelihood of =pUvc mqm= to public health and safety. ZA0JXZ767- J44M LkWy* &.iW AVe 3 ..... ...... - s` - CITY OF DIAMOND BAR DEPARTMENT OF COMMUNITY & DEVELOPMENT SERVICES Planning Division 21660 E. Copley hive Suite 190, Diamond Bar, CA 91765 (909)396-5676 Fax(909)861-3117 LaSC A FPL k -A, Deposit $6d11. Receipt 0 By Date Rec'd FOR CITY USE CONDITIONAL USE PERMIT - APPLICATION Record fawner Applicant Applicant's Agent Name Si-rinp, Erin & Robin Cox PCS Assets LLC & Ryan Leaderman (WFI.) (Last name first) (Last name srst) . C i ngu ar Wire e s S(Last name fast) Address 24401 Darrin Dr. City n_i _QMQ A Sar Zip 91765 Phone( ) gnq) R6tl-7474 Fax ( ) 4683 Charbot Dr. #100 plPaganton, CA 94588 Phone( ) 9251 468-4310 Fax ()97c;) 4 R -1 8 4 2 15901 Hawthorne Blvd Suite Jub Lawndale, CA 90620 Phone( ) 31 0) 214-1850 m.rrt.Zk . Y Z 3 Fax ( )'310) 214-9752 NOTE: It is the applicant's responsibility to notify the City in writing of any change of -the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent- I certify that I am the owner of the herein describedproperty andpermit the applicant to file this request S"m" dsee Attaehsd Letter—nf A„t-hari nation Date (All record owners) Certy-Ovation: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name Ryan Leaderman S4plicant or Agent) Signed _ A e--- — onlicantor Date 7- b i �C� / ' Location 24401 Darrin Drive APN# 8281-029-024 (Street address or tract and lot number) Zoning _ R-1 10,000 House Numbering Map Previous Cases CUP 96-10 Res 97-6 Res 98-18 Present Use of Site Rc-S i $ential and Open Space Use applied for RP_nP�rnl of Conditional Use Pemit 96-10 And Development `Review No. 96-9. An unmanned wireless telecommunication facility located at 24401 Darrin Drive, Diamond Bar. Review Res 98-18 ,Jt• r City of Diamond Bar CONDMONALUSEPERMff Page Two Project Size (gross acres) 2 8 6 s Q f t Project Density N / A Previous Cases CUP . 96-10. DR QA -9 --Res 97-6, Res 98-18 Present Use of Site Wireless Telecommunication Facility for CnX PCS Assets LLC (Sprint PCS) and Cingular Wireless (Formally cific Bell Wireless) Domestic Water Source N/A N /A Company/District Method of Sewage Disposal N/A Sanitation District N / A Grading of Lots by Applicant? YES NO X (Show necessary grading design on site plan or tent. map) Amount L401=1G." Phillips Ranch Permit Application Authoriacation TO: City of Diamond Bar Department of Community & Development Services 21825 E. Copley Drive Diamond Bar, California 41765 We, t: ---r -, L4- Hca li� ►V�I- (\g- _ , the owners of the real property described below, do hereby appoint Wireless Facilities, Inc. (W I) as my agent for the purpose of consummating any and all applications necessary to secure authorization to establish, maintain and operate a Sprint PCS and Cingular (formerly Pacific Bell) wireless telecommunication facility, including Conditional Use Permit (CUP) renewal. I understand that the planning application may be denied, modified or approved with conditions and that such conditions or modifications must be complied lu,th prior to issuance of I?wilding permits. Additionally, owners consent and agree that Sprint PCS, its employees, agents, independent contractors ("Authorized Parties") may enter upon the Property to conduct and perform some or all of the following activities ("Permitted Activities"): surveys, geotechnical soil borings and analysis, phase I environmental audits; boundary surveys, radia prupagatior� studies, and such other tests and inspections of the Property which Sprint PCS may deem necessary or advisable. Sprint PCS agrees to be responsible for any and all costa related to the Permitted Activities, including installation on and operation and emoval of equipment on the Property. Property Address: Dated: 0 NOTARIZATION: (signature) (print) (signature) (print) Conditional Use Permit Renewal Application for a Wireless Telecommunication Facility at 24401 Darrin Drive Diamond Bar, California 91765 Introduction Cmc PCS Asacts, L.L.C., (a.k.a. Sprint PCS) and Ciggulu Wirchw (CW) are proposing to renew the Conditional Use Peril* for a wireless teWcommunicaziom facr79y already m existence at 24401 Dwriin Drive, Diamaand Bar, California 91765. Efforts are currently underway in Los ATWcs County to establish the roquired infrantucture for PCS. COX has retained Wireless Facility-; Inc. (WFI) to facilitate the land use entitlement process. WE is curready seeking the t+ecwwail df a Conditional Use Pcimit" for the use and T " - maintenanof collocated wireless telecosiortnmications fa 41V for Sprint PCS sad for CW. The existing wireless telecoQoanunicatiens facility is located an the side of a hill between the 60 Freeway and Armitos Place. The wireless f alty, is well landscaped and m ' Sprint PCS and CW propose no changes, additions or new construction. PCS will change the fiuu t of telecommunications with easy W -use, lightweight and hig;Wy mobile communications devices including: portable telephones, comiptrters and Pesaoaal Digital Assistants (PDAs). PCS will provide voice, e-mail and in=wt access capmbiiitias for customers' commimications hoods virtually anywhere and at any time. The PCS network being developed by COX diff= from typical cellular netvworics m than it uses state of the art digital technology versus traditional analog cellular systems (i.e., AT&T Wireless and Vcri=) which have been in use since the early 1990's. The benefits include increased capacity over analog based systems, call privacy and security, kwmvvd voice quality, and an expanded menu of affordable products and services for personal and professional =ends. In liar future the COX network will also feature a locator, device that will connect 911 calls to local police and fin dj amts. In the event of as amergeucy, specially eqlnPPed emerV"ay Vehicles I'll be able-toidentify a customers Location once a call is reccavcc( Cingular W"u Jm (CW), fon�rly Pacific Hell %ulces, has also sex its goals to become a PrOmer wuvl= provide' to bring a superior, more cost-effective and secare personal corazrurnication services (PCS) wird as cannnunications ne wO* to the Smith= California, market. Winless communications are tranmMed through the air by radio frepmcia. The two oldest forzm anti cellular and enhanced specialized mobile radio (ESMR), both of which arc transmirtted by radio waves. The newest fora of wireless communications, porsoaat communications services (PCS), is trunn ittod by higher fimpo cy radio wava. PCS is the next ganeration of wireless communications. Consumers of PCS will be offered more affordable semc es such as voice cotrnaunitation, caller identiScad0n, paw&& facsimile services, E-mail, Project Overview COX and CW pcnpose ranewmS the cxistigg CUP on ft the col! three poles with two on ens* pole. The top of each • There are are painted a color to the =the � 19' Station ("BTS' T� Cn lie Transooiver cabinet are Located behind a block wail with ivy now growing on the outside. The BTS cabinets are well hidden by the caosbgg vqpmfm. No aqWmmisvl the public, and now of the cquip mom, nor the antennae are vlsrble from Arrni Place m Each antenna na Measures 4'-4" high X.5.5,, wide x 2.0" deep and each BTS cabinet measures 5' high x 3'-0" wide x 3 -0deep. ` W speka c tion and design ofthe pro is illustrated in further detail on the drawings, and p mm. Li The communications &Cihly transmits at a frequency range of behvc�n 1850 and 1990 MHz. A typical PCS site operates on telephone lines and cantnercial electrical power. The Meed meals from the sine oonsW of non -i uVY/cm2, which is si a�ntang w8°es at gnificaady lower than the nimmimum allowable public of 1 ooD UW/CM2 as set by the Ancon PTS 5 jute(ANSI) and and Eleatronic Ems (IEEE). The entreat ANSUIEEE * ofEledtical fnequency/microwavc (� for radio i fields are set at0 ' below a evethat sc' pose a heath risk to hunnan p ct. ll believe may Thi conuuuaication9 facility provides 24-hour service to oustott M severs (7) days a we& The facility gets sgn� Eby a COX technician on a periotic basis. his reamtbl. to routine mai naa, tospection scrvicx, COX of the fi�9' will occur orae a this intermittent zegmm 24 -boor setas to the facility to ensure tat h immediately available if and wl� support is Overview of Site tion Ociteria The network of COX cell sues &Mghout the region is "lo 61ILD,. •, there is a necessary and logien( dc's• t,. nneeatp 'that between each or ceIl r:: a single site can lead to gape in the system and ptabibit COX fn .n �Yi m service to customers m a defined coverage arta. Further, the mg unmtezznpned Sift will most often have a " •� elat, +don or relocation Of cell dcnuno etfiect on other cell site krcatious and, design or modifications to the network. s*aifmt In uk=Pl ng the proposed FCS location, Cox network deploynm that not only moeta the technical objective® of RF a site UtIXW but utility option with rmgard to other key criteria that include, but ora � limited o:�� bit O0�°am' a0°�g bility, liabMW and risk as ' maintenance and c onstrn� � site L 403AM6i - c�4I01 pmre� �ry� Aye Z ' '/Lnl Extertsiou of CEIF Cowpd&W with Other Site Development Standards 7k bubM 31W, des6a, and opmating characteristics of the ts facility does not =91110 11MISLIBI 32013c, traffic or other conditions or situations That may be *cc4anablc, detrimental or incompatible with the surrounding Land uses. The existing use is consistent with this fixW* in that: The equipment associated with the teleconnuiucation structure operates quietly or virtually none free. The equipment d0CS not am fiance, smoke, or odors that cmild be considered abiactionab1c. The telocornmuriicatiaat &C"Y is =nw=d and only rcqtum penc :Sc ruiziftwce, which wpiates to aMmmm* one UV pet month. The wlecom=m== facility d= cat M& in conditions Or mrC13120tances contruy to the public health, safety and do general welfare. The use is consistent with this finding in that: T PrOP080d t0`1000mllulnication facility operates w full compliance with the U.S. standanis for radio frequency eminiou as published by the American National Standards Institute (ANSI). The ANSI was developed by the committee composed of 125 scienbm from universities, Don - profit laboratories and Federal Health Laboratories (FDA, NIOSH, EM. In 1992 ANSI established, as a public safety standard, a maximum exposure level to radio frequency emissions of Ha nuerawaft Per cemmeter squared (110()0 OW/cmZ). The typical cxpomm level of a PCs facility is IM I micrDWRZ! Per cadnicta squared (< uW/cm,7,). The radio frequency Mmsms"cmitted by the proposed COX PCs bolity falls within the, portic . a Of the eleCuDmagmedc SPCCMM Mitch transmits non -ionizing eioctroamag is engnim. At the 101w levels associated with thn type of wirelm technology, tree Cadmium an not hamfid to living Cells. Among the items which result in non -ionizing elocttomegoaic csni mions we radios, television broadcasts, CB radios, Magwave , Ovens Cnsand a variety of cmTtmon security systems - Conversely, items which transmit ionizing clacwMagnedr, emissions kWh,& ultraviolet light, medical x-rays and gamma two. Data currently amialge an the cff=U of dcMamagoetic uanmmm 01 public health md=ft that them M DO lil"dihOW Of negative impacts to public health and Wty, LA.03X2*Z?67 -j44W Dapr*, &ivc Amje 3 ?RAU 777774! 7140qqlj;j�oul Cowpd&W with Other Site Development Standards 7k bubM 31W, des6a, and opmating characteristics of the ts facility does not =91110 11MISLIBI 32013c, traffic or other conditions or situations That may be *cc4anablc, detrimental or incompatible with the surrounding Land uses. The existing use is consistent with this fixW* in that: The equipment associated with the teleconnuiucation structure operates quietly or virtually none free. The equipment d0CS not am fiance, smoke, or odors that cmild be considered abiactionab1c. The telocornmuriicatiaat &C"Y is =nw=d and only rcqtum penc :Sc ruiziftwce, which wpiates to aMmmm* one UV pet month. The wlecom=m== facility d= cat M& in conditions Or mrC13120tances contruy to the public health, safety and do general welfare. The use is consistent with this finding in that: T PrOP080d t0`1000mllulnication facility operates w full compliance with the U.S. standanis for radio frequency eminiou as published by the American National Standards Institute (ANSI). The ANSI was developed by the committee composed of 125 scienbm from universities, Don - profit laboratories and Federal Health Laboratories (FDA, NIOSH, EM. In 1992 ANSI established, as a public safety standard, a maximum exposure level to radio frequency emissions of Ha nuerawaft Per cemmeter squared (110()0 OW/cmZ). The typical cxpomm level of a PCs facility is IM I micrDWRZ! Per cadnicta squared (< uW/cm,7,). The radio frequency Mmsms"cmitted by the proposed COX PCs bolity falls within the, portic . a Of the eleCuDmagmedc SPCCMM Mitch transmits non -ionizing eioctroamag is engnim. At the 101w levels associated with thn type of wirelm technology, tree Cadmium an not hamfid to living Cells. Among the items which result in non -ionizing elocttomegoaic csni mions we radios, television broadcasts, CB radios, Magwave , Ovens Cnsand a variety of cmTtmon security systems - Conversely, items which transmit ionizing clacwMagnedr, emissions kWh,& ultraviolet light, medical x-rays and gamma two. Data currently amialge an the cff=U of dcMamagoetic uanmmm 01 public health md=ft that them M DO lil"dihOW Of negative impacts to public health and Wty, LA.03X2*Z?67 -j44W Dapr*, &ivc Amje 3 ?RAU AgendaItem8 — CUP No. 96-10(2) and DR No. 96-09(2) — 24401 Darrin Dr. Plans found in project file. City of Diamond Bar PLANNING COMMISSION AGENDA ITEM NUMBER: 8.4 REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT LOCATION: PROPERTY OWNERS/APPLICANT: BACKGROUND: Staff Report July 10, 2001 July 24, 2001 Development Review No. 2001-09' To construct a two-story single family residence with a four -car garage, porch, patio and balcon- ies for a total of approximately 14,052 square feet. 2817 Crystal Ridge Road (Lot 26, Tract No. 47850) Diamond Bar, CA 91765 Diamond Bar West, LLC 3480 Torrance Boulevard, Suite # 300, Torrance, CA 90503 The property owner, Diamond Bar West, LLC is requesting approval of Development Review No. 2001-09 (pursuant to Code Section 22.48.020.A.) in order to construct a two-story single-family residence with a four -car garage, porch, patio and balconies and for a total of approximately 14,052 square feet. The project site is part of a 50 -lot subdivision approved by the City Council on June 6, 1995. It is located at 2817 Crystal Ridge Road (Lot 26, Vesting Tract No. 47850) adjacent to a gated community identified as "The Country Estates". . 1 The project site is a vacant lot approximately 206,149 square feet (approximately 4.73 acres) with a buildable pad area of approximately 23,600 square feet. The buildable pad area's elevation is 1000.0. The project site slopes upward to the pad area from Crystal RidgeRoadand slopes downward at the rear and side of the pad's edge. The rear and side slopes contain vegetation -that is part a mitigation monitoring plan. Easements exist within, the front portion of the project site for access purposes, future street,. public utilities, public services and sanitary sewer. Easements also exist beyond the buildable pad area within the side and rear portion of the project site -for slope drainage and open space purposes and for a restricted use area. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and zoning designation of Single Family Residence -Minimum Lot Size -20,000 Square Feet (R-1- 20,000). Generally, the following zones surround the project site: to the north is the R-1- 20,000 Zone; to tho south is the Agriculture (AG) Zone; to the east is the R-1- 20,000 Zone; and to the west is the Single Family Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000)Zone. ANALYSIS: Development Review --y's Development Code sets forth a Development Review process. . I The purpose of this process is to establish consistency the General Plan through the promotion of high aesthetic and standards to complement and add to the economic, and social character of the City. The process will a-sc, ensure that new development and intensification of existing de-e-lopment yields a pleasant living, working, oi shopping en,-ronment and attracts the interest of residents, workers, s'mpeers and visitors as the result of consistent exemplary de-_=, Pursuance to Development Code Section 22.48.020.A., an application for Development Review is required for residential projects, which invoive construction on a vacant parcel and new structures, additions to structures, and reconstruction projects which are equal to 50 percent or greater of the floor area.of existing structures on site, or have a minimum 10,000 square feet of combined gross floor area. The proposed residential project is on a vacant lot with a gross floor area of approximately 14,052 square feet. As such, this project requires Development Review and the Planning Commission is the review authority. In addition to complying with the City's Development Review process, the proposed project must comply with the conditions of K approval for Vesting Tract Map No. 47850. A condition of approval for the tract map requires that residential dwelling units be submitted for the City's review pursuant to the requirements of the Development Review ordinance. The Development Review ordinance is incorporated into the City's Development -Code. Development Standards The following is a comparison of the development standards set forth by the City through the map approval process and the project's proposed development standards. CITY/NAP DEVELOPMENT STANDARDS PROPOSED PROJECT'S DEVELOPDIENT STANDARDS Lot 26 Lot 26 Setbacks: Minimum Setbacks: • Front yard - 25 ft. from property • Front yard 30. 5 ft. from property line; line; • -*de yard - 10 & 15 ft. from pad's • Side yard 20 & 100 plus ft. from edge with 40 ft. between dwelling pad's edge/property line with 44 ft. ,,;nI!:s; between dwelling units; • 7;.ear yard - 25 ft. from pad's edge; • Rear yard - minimum 29 ft. from pad's edge/property line; `_-n0 Height: Building Height: • stories maximum 35 ft.; • Two stories 35 ft. Parking: • car garage minimum; Four -car garage; 37 ft. x 20 feet (2 bays at 10' x 20', 1 bay at 8' x 20' & 1 bay at 10' x 8.5'); Accessory Structures: Accessory Structures: • Accessory structures may be • N/A; permitted utilizing setbacks consistent with the residential zoning designation for the property at the time of permit issuance; The proposed project's development standards comply with the City4Tract Map's approved development standards. 3 A four -car garage, 37 feet by 20 feet, is proposed for .this project with a residence containing seven bedrooms. Additional- ly, it is possible to park at least two cars in the driveway. The current code requires that a minimum two -car garage, 20 feet by 20 feet be provided. This minimum is provided with two additional bays measuring 8.5 feet by 20 feet and 8 feet by 20 feet. Comparable garage sizes have been approved (DR 99-10, ADR 2000-08, ADR 2000-09) under the current code. Staff believes that the proposed vehicle parking is adequate for this project. Architectural Features and Colors The proposed residence's architectural style is Mediterranean. This style is compatible with previously approve residences within Tract No. 47850 and "The Country Estates" due to the eclectic architectural style that is existing in this area. A materials/colors board has been submitted which delineates the following: 4 Exterior Walls ♦ Stucco/Merlex - El Dorado/P-6 (off- [*::EXterior white) walls * Cultured stone/European Castle Stone golden blend (white beige) # Roof 0 Concrete tile/Eagle Terra-cotta - Gold 3118 (terra cotta/gold flash) * Columns, Balusters and Dentils + Dunn Edwards/Whisper - SP 114 (off- white) 0 Trims and Fascia 0 Dunn Edwards/ Bone China - SP 514 (off- white) 4 ',-:rought Iron Guardrails 0 Dunn Edwards/Cashmere - SP 152 (beige) The proposed materials/colors boa -d was compared to boards pr6- viously approved for homes adjaceLt or near the project site (Lots 23, 24, 25, 29, 30, 31, 32/,7, 33/46, 34 and 35. The comparison indicates that each to 's color scheme is somewhat similar to other colors chosen closely due to the fact that earth (grays and tans) tones are being utilized. However, the exterior walls utilizing stone or stone accent and the variation in 'the roof colors and architectural styles between the proposed residence and existing residences within the tract will result in providing a desirable environment, good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety in color and texture. A proposed *prominent architectural feature/focal point is the front entry of the residence. Corinthian type columns support the entry gable roof edged by a.dentil. The dentil continues to S edge the entire roof. Additionally, the entire front,fagade will be European Castle Stone (golden blend) instead of stucco. Floor Plan The proposed residence consists of two levels as present in Exhibit "A". The first floor consists of an entry, living room, dining room, library, service area, rumpus room with wet bar, powder room, family room, kitchen with dirty kitchen, pantry, morning room, wine storage room, two bedrooms with one bathroom each, four -car garage,'storage room and exterior patio. The second floor consists of a master suite with sitting room, bathroom, and wardrobe, mezzanine, four bedrooms with one bathroom each, linen closet, teen room and exterior balconies. Grading The existing pad elevation (1000.0) will remain. Therefore, the project site will require no grading. Landscaping/Irrigation/Mitigation Monitoring Area A landscape/irrigation plan was not submitted with this project. The applicant will be required to submit said plans at a later date, reflecting the landscaping guidelines an restrictions set forth by Vesting Tract Map No. 47850 and the type of planting materials, color, size, quantity and location for the City's re-.--ew and approval. Approved landscaping and irrigation will be to be installed within six months of the project's final ==,ection or Certificate of Occupancy issuance. -s anticipated that the mitigation monitoring area located the rear and side portion of the project site will not be 6Lst,,:rbed during construction. If by chance any plant materials this area is destroyed, it will be required that said plants materials be replaced with like species, size and quantity. Buyers' Awareness Package As a tract map condition of approval, the applicant created a City approved Buyers' Awareness Package. This package addressed issues related to property geology, wildlife corridors, tree preservation, existence and constraints of Significant Ecological Area No.15 and Tonner Canyon, property restrictions and similar related matters. The Buyers' Awareness Package is required to be delivered to each buyer. A copy of the signed receipt by the buyer verifying receipt of the package and that the buyer has read the 5 information within the package must be forwarded to the City. To insure this process, prior to the issuance of a Certificate of Occupancy, the applicant will be required to forward the receipt to the City. In the event no buyer has purchased the property, the receipt is to be forwarded before approval of future improvements (i.e., hardscape, pool/spa, retaining walls, patio covers, etc.). Additional Review The City's Public Work's and Building and Safety Divisions reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: The environmental evaluation shows that the proposed project is consistent with the previously certified Environmental Impact Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48287 according to the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. Therefore, further environment review is not required. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin - and the San Gabriel Valley Tribune on July 12, 2001. Public hearing notices were mailed to approximately 74 property owners within a 500 -foot radius of the project site on July 10, :'001. Furthermore, the project site was posted with a display board and public notice was posted in three public places,on July, 11, 2001. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2001-09, Findings of Fact and conditions of approval as listed within the attached resolution. 0 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 with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 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 use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values ore resale(s) of property) to the properties or improvements in the vicinity; and C. The proposed project has been reviewed in compliance with the-provi.sions of the California Environmea-tal Quality Act (CEQA). Prepared by: Ann J. Lungu, Associate Planner 0 Attachments: 1. Draft resolution; 2. Exhibit""A" - site plan, floor plan, elevations, sections, and colors/materials board dated May 23, 2000; 3 Applications; and 4. Tree Preservation Statement dated June 15, 2001. r.] PLANNING COMMISSION RESOLUTION NO. 2000 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-09, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY RESIDENCE WITH A FOUR CAR GARAGE, PORCH, PATIO AND BALCONIES TOTALING TO APPROXIMATELY 14,052 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 2817 CRYSTAL RIDGE ROAD (LOT -26, TRACT NO. 47850), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant, Diamond Bar West, LLC, has filed an application for Development Review No. 2001-09 for a property located at 2817 Crystal Ridge Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." On July 12,2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On July 10, 2001, public hearing notices were mailed to approximately 74 property owners of record within a 500 -foot radius of the project. Furthermore, the public hearing notice was posted in three public places within the City of Diamond Bar and the project site was posted with a display board on July 11, 2001. 3. On July 24, 2001, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows 1. This Planning Commission hereby -specifically finds that all of the facts set forth in the -Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is consistent with the previously certified Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 and 48487 according to the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15162 (a) of Article 11 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set.forth below, and changes and 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 w depends. Based upon substantial evidence, this Planning Commission hereby rebuts th presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a 50 -lot subdivision approved by the City Council on June 6, 1995. The project site is a vacant lot approximately 206,149 square feet (approximately 4.73 acres) with a buildable pad area of approximately 23,600 square feet. The buildable pad area's elevation is 1000.0. The project site slopes upward to the pad area from Crystal Ridge Road and slopes downward at the rear and side of the pad's edge. The front slope contains contain some vegetation, however the vegetation is not part of the mitigation monitoring plan. The rear and side slope contains vegetation that is part a mitigation monitoring plan. Easements exist within the front portion of the project site for access purposes, future streot, public `utilities; public services and sanitary sewer. Easements also exist beyond the buildabiz? pad area within the side and rear portion of the project site for slope drainage and open space purposes and for a restricted use area. (b) The project site has a General Plan land use designation of Rural Residential (RR). (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally, the following zones surround the project site: to the north is the R-1-20,000 Zone; to the south is the Agriculture (AG) Zone; to the east is the R-1-20,000 Zone; and to the west is the Single Family Residence -Minimum Lot Size 9,000 Square Feet (8-1- 9,000) Zone. (e) The Application request is to construct a two-story single-family with a four car garage, porch, patio and balconies totaling to approximately 14,052 square feet. DEVELOPMENT REVIEW (f) The design and lay( -it of the. -proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). Originally, Tract Map No. 47850 was submitted as a vesting tentative tract map. At that time, the City was operating under a draft General Plan. The General Plan was adopted on July 25, 1995. Vesting Tentative Tract Map No. 47850 was approved on June 5, 1995. However, this vesting map was designed at 25 percent below the maximum allowable density and has an overall average density of 1.49 dwelling units per acre which complies with the General Plan land use designation of Rural Residential K 4� W -p W(Maximum 1 DU/AC). Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining thelo( integrity of residential neighborhoods and open space. Furthermore, the proposed 4? project is compatible with the eclectic architectural style, colors and materials of other homes within Tract No. 47850 and adjacent "Country Estates." -(g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. Tract Map No. 47850's Environmental Impact Report No. 91-2 certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. Steeplechase Lane and Crystal Ridge Road and other access roads to the tract adequately serve the project site as presented in the Environmental Impact Report. These private streets are designed to handle minimum traffic created by this gated residential development. Therefore, the use of a contemplated single- family residence will not.interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. A proposed prominent architectural feature/focal point of the residence is the front entry with Corinthian type columns supporting the gable roof edged by a dentil. The dentil continues to edge the entire roof. Additionally, and the entire front fagade will be European Castle Stone (golden blend) instead of stucco. Furthermore, architectural treatment extends to all sides of the proposed residential structure. Considering the proposed residence's location, variation in earth tone colors, difference in roof material and variation in architectural styles between the proposed residence and existing residences within the tract, the project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically -appealing while offering variety. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. Additionally, as approved the proposed project will be compatible with Vesting Tract Map No. 47850's development standards. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings (f), (g) and (h), the colors/materials 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 co that will remain aesthetically appealing while offering variety in color, texture and a low level of maintenance. (j) v The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and - - - Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The environmental evaluation shows that the proposed project is consistent with the previously certified Environmental Impact Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48287 according to the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plan, elevations and colors/materials board collectively labeled as Exhibit "A" dated July 24, 2001 as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant -ur by a duly perr „tted waste contractor, who has been authorized by the City to provide collection, trans: nrtation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Sixty days prior to final inspection or issuance of a Certificate of Occupancy, the applicant shall submit a landscape/irrigation plan for the City's review and approval. Said plan shall reflect the landscape guidelines set forth by Tract No. 47850 and delineate plant species, size, quantity and location. Landscaping/irrigation shall be installed within six months of occupancy. Additionally, If any plant materials within the mitigation monitoring area located within the rear and side portion of the project site is destroyed, said plants materials shall be replaced with like species, size end quantity. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) Prior to final inspection or the issuance of a Certificate of Occupancy, the applicant shall submit to the City Planning Division written evidence indicating the buyer's receipt of the "Buyers' Awareness Package." In the event no one has purchased the property, then the receipt shall be submitted• before approval of future improvements (i.e., hardscape, landscaping, pool/spa, retaining walls, etc.). (f) The single-family residence shall not be utilized in a manner that creates adver se 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 croute traffic and parking problems in the neighborhood. (g) ' If 50 cubic yards of earthwork or more occur, prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: (1) Existing and proposed topography; (2) All finish surface and finished grade elevation and flow lines; (3) Cut and fill quantities and earth work calculation; (4) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist, as required; and (5) All easements. (h) If applicable, prior to the issuance of any City permits, the applicant shall submit a, soils report for the City's review and approval that incorporates the scope of the proposed development and appropriate recommenciptions for the project's construction.' Prior to the issuance of any City permits, tlh.P_applicant shall submit a proper drainage plan indicating details and sections for the City's review and approval. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan- shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (k) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public Works and the Sanitation District. . (I) The proposed residence shall comply with the State Energy Conservation Stdards. (m) Surface water shall drain away from the proposed residence at a two -percent minimum slope. (n) 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 or 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 or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (n.!-- Plans shall conform to State and Local Building Code (i..e.,1997 Uniform Building Cade, Uniform Plumbing Code, Uniform Mechanical Code, and the 1996 National Elect7ical Code) requirements. (o) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (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 meet Section 18 of the CAL. Building Code, which requires building setback from top of slope to be H/3.A. (q) 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 ho--aring in accordance with Chapter 22.72 of the City of Diamond Bar Development Codi_. (r This grant shall not be effective for any purpose until the permittee and owner ref 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. (s) 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 C on fish and wildlife, the applicant shall also pay to the Department of Fish a,'4Re any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Diamond Bar West, LLC, 3480 Torrance Boulevard, Suite #300, Torrance, CA, 90503. APPROVED AND ADOPTED THIS 24TH OF JULY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Bob Zirbes, Chairman 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 24th day of July 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James DeStefano, Secretary LUIVl1 MA -L1 X "r.VZ'.LUxAv"-k%1 L.GrtiM-LAtA='%1 21660 E. Cop. Drive Suite 190 (909)396-5676 Fax (909)861-3117 DEVELOPMENT REVIEW Record Owner Applicant Name Diamond Bar gest, LLC Richard Gould (Last name first) (Last name fust) Address 34RO Torrance R1 Ste. 300 carne Aq Munor City Torranre Zip 90503 Phone( ) 310-540-3990 V,O. O -zoo ! ---0 `7 rri..,r-�0!"a5 Deposit $ Receipt# By Date Rw'dL—^ Applicant's Agent (Last name first) Phone( ) '310-540-1990 Phone( ) NOTE: It is the applicant's responsibility to. notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, ane dis-Ators of corporations.) Consent: I certify that I am the Signed (All record c described property and permit the applicant to f le this request. DELGADO, President Date Certification: 1, the undersigned, hereby certify under penalty of perjury that the information hereinTrovided is correct to the best of my knowledge. C— Print Name RICF.ARD GOULD (A plica t or Age t) Signed ��-z Date 6P4 4/o 1 -� (Applicant or Agent) Location 2817 CRYSTAL RIDGE. ROAD - Trart 47RSO T nt- ?F, (Street address or t -act and lot number) , I•.. 1 t1 1 Previoi&*Cases' acne. Present Use of Site Vacant- Lor Use applied for New Sing] e Eami 1; Raci r1Pnre Legal description (ell ownership c prising the proposed lo(s)/Parcel(s)) Tract No. 47850 Lot No. 26 in the City of Diamond Bar, ..aunty of Los Angeles, -Sra-Ee- BY a izornia,--being a SUbdlVlS3.on o= arce s 1, and an a portion o_ Parcel 5 of Parcel Map No. 1528, filed in Book 26, Pages 19 to 30, inclusive, or Parcel Maps, in the office of the County Recorder of said County. Area devoted to structures 7,1Q3 s f Landscaping/Open space 192,046 G f Project Size Lot Coverage 34% Proposed density (Units/Acres) Style of Architecture mediterranean Number of Floors Proposed 2 Slope of Roof 5.12 Grading If yes, Quantity Cut Fill Import If yes, Quantity - Export If yes, Quantity TREE PRESERVA71ON STATEMENT [ J Thesubject property contains no oak, walnut, sycamore, willow, or naturalized California Pepper tress. 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 tries. The applicant states that activity (grading and/or construction) wW take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized Califar. as Pepper tree A Tree Permit has been or will be applied for pridr to any activjty taking place on the property. (Applicant's Signature) D: WORD-LINDA\FORMSITREE STATE AENr 604at I > w CD n ~ry ;>o CD CD > CD 4�, 00 C, C/) 0, 00 M c X > , tz > (-) (D p CZ -- > CD m CZ z tn > > �c > cn z--3 CD > I > w ;o ;>o > 4�, 00 2 S) 2 00 cbO IQ SO II 70 ;o za Ca on a 00 on 00 o 00 00 00 w > 4�, 00 00 SO II 70 ;o za Ca on a 00 on 00 o 00 00 C (7 a - o rr, r > v z s � m C FD I� ! Lrl Iv v ... 7 7 1 tJ .I N 0 cC C)z Iz z '�' e�lanvle r arlssa i "J@81 `'C70SStl � ®'BH90�'A9 n7sowvuunnu � u: �3,VIU f7 �„n7771,4- ��, NVid LOidNV 9 N;lm �N3dO'dd �� " advotl�muM maaabm,ma .asostmtl� mz[ »„'avren rnaom suu9mc ,om `•oossn �a mnos •a B'dTd91f'I90'1�0'O>'09916'g11T/2LL'9L.LQi V>LV90NowY1[I`mip>tlM'lY1vAa>Lt9L Y Q � ouvt9aa>aa'ivl9xa> NY/ld NOO'13 IL ^ kCV 9NVHJ N31'113W d N3M 2a ZiO:♦ 3ON30IS3d 03SOdONd 5f Ei 3 Rq -?yi`<.�s?€ oyyyygx�iy Held a �i¢�u�v Pms, }y�yipt msocfm gun. aPnia puwiawwn By I p v Y l d T p B 1 i 3 1 vn'aPnl s.uuellu 'OHI "Dossv v u1noJ'8 P31i19HY TOtdP'PP'PBCLb'M 1?YxLL'TC lo't � o YI TIYG PNONYIG'PN pvPN tYAVAxi Ltec cd1Yla�avala nivANP WV1d umi u3ddil B � `/ 'JNVH7 N3I713W9 N3M B� .z :� �IbJ 3�N30IS32! �3SOdOT1d KF e� o� &a aaml�o,uM mSm»brvumi e»oLloitt� ®e»'awmtmi 0 0 l 0 0 M I d By�0 0 1 3 3 0 r��4ws. �wu oNi `*oossv v a moo •H elf lo»LL aC Jul YibveaNOHVq'OU iIX1M'nlSttleiLee I Z.,31113N •d —Na M, SNOLLVA91D :2JW3ON3OI53N O3SOdO1ld CD CD Q 29 2� 4 1 G� rTTI �I; �S LLH IMP CE:! AA18 A Yld 1um0 A I A 3 A 4tY 75Oin SJJUDgLL „J�1 `*oossv e aino' u r�n'w rn�ior. .,��.n,�,o� SlLvlRiavdbTll¢An' SNDllVA3l3210337N30IS3d C' l-,,IgLr)l - DNVFD N3n=1 N3M 03SOdOZId ^°y W 9 1 f 3 1 �.n��.a,_., mtrsewvuunwu om'"oossvv0iR09'Ei Fdl"JOHN BOt dD'Gl'oaB14'g117Va1'9L 10'1 gI zi n r-i�ra cuowwc•aiaaam•rrlaAxnli oe SNOLMS 'JNevm aaa -Q -Q u n73N NaM :NQ-137N3�I5M NVId iOOa ; M 3i! 4350dOad gI zi of K u ; i o � u e u T o 0 o CCQ 4 a � BJI Ll �� m Y Qp R `•`1�1 � I _ 5 \ •� tp K IJP o � 0 CCQ 4 s Y Qp `•`1�1 5 \ K T '