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HomeMy WebLinkAbout01/23/2001PLANNING FILE Copy COMMISSION South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA. Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Nelson Bob Zirbes George Kuo Joe Ruzicka 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 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title // 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 encourage.6 you to do the same City of Diamond Bar Planning Commission PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to. the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS 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 8:00 a.m. and 5:00 p.m., Monday through 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 PLANNING COMMISSION CITY OF DIAMOND BAR Tuesday, January 23, 2001 CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: Next Resolution No. 2001-05 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman Bob Zirbes, George Kuo, Joe Ruzicka, 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 maybe removed from the agenda by request of the Commission only: 4.1 Minutes: January 9, 2001. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. g:\zste11a\agenda\jan23 01.doc January 23, 2001 Page 2 Planning Commission 7.1 _Conditional Use Permit No 2000-02, and Development Review No. 2000-20 (pursuant to Code Sections 22.58.020, 22.42.130 G, and 22.48.020) are requests to co locate a telecommunications facility on an existing monopole approved on January 25, 1993, by Conditional Use Permit No. 92-11. The request also includes an equipment cabinet and utility pedestal within a concrete pad for both. (Continued from January 9, 2000) Project Address: Diamond Bar High School 21400 Pathfinder Road Diamond Bar, CA 91765 Property Owner: Walnut Valley Unified School District 880 South Lemon Avenue Walnut, CA 91789 Applicant: Metricom, Inc. 1460 East 33rd Street Signal Hill, CA 90807 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(b), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission re -open the public hearing, receive testimony, and then select from the following options: 1) Close the public hearing and direct staff to prepare a resolution of approval or denial to be presented to the Commission at its next regular meeting for adoption; or 2) Continue the public hearing to a date certain and direct the applicant to provide the staff with appropriate information. 7.2 Development Review No. 2000-15 (Pursuant to Code Section 22.48.020) is a request to construct a two-story, single-family residence, of approximately 9,471 square feet, with a basement, balconies, porch, and a three -car, 1,546 square foot garage. Additionally, the request includes an accessory gazebo structure containing approximately 400 square feet under roof. (Continued from December 12, 2000) Project Address: 1819 Derringer Lane Diamond Bar, CA 91765 Commissiong January 23, 2001 Page 3 Planning Property Owner: Hardip Gill 100 Stagecoach Circle West Covina, CA 91791 Applicant: Chary Dagarn 1000 Regal Canyon Dr. Walnut, CA 91789 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development 4:1 Review No. 2000-15, Findings of Fact, and conditions of approval, as listed within the resolution. 8. PUBLIC HEARING: None. 9. PLANNING COMMISSION COMMENTS: 10. INFORMATIONAL ITEMS: 10.1 Maintenance Ordian —Specifically, roofing requirements 10.2 Planners Institute— Monterey, CA - March 21-23, 2001 10.3 Public Hearing dates for future projects. 11. SCHEDULE OF FUTURE EVENTS: PARKS & RECREATION Thursday, January 25, 2001 — 6:00 p.m. COMMISSION: AQM1D Board Hearing Room 21865 E. Copley Drive JOINT MEETING OF PARKS Thursday,'January 25, 2001 — 7:00 p.m. AND RECREATION AND - AQMD Room CC -8 TRAFFIC AND TRANSPORTATION 21865 E. Copley Drive COMMISSION (Re: Trails Master Plan): January 23, 2001 Page 4 Planning Commission COMMUNITY OPEN HOUSE: Thursday, February 1, 2001 (Discussion of Trails Master Plan) 7:00 p.m. — 9:00 p.m. AQMD CC -2 21865 E. Copley Drive COMMUNITY OPEN HOUSE: (Discussion of Trails Master Plan) HOME COMPOST WORKSHOP: Call (909) 396-5671 to reserve seat. (February 3 workshop class full) CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: HOUSEHOLD HAZARDOUS WASTE COLLECTION: Thursday, February 3, 2001 10:00 a.m. — Noon Heritage Park Community Center 2900 S. Brea Canyon Road Saturday, February 3, 2001, and Saturday, March 3, 2001 10:00 a.m. to Noon Heritage Park, 2900 S. Brea Canyon Rd. Tuesday, February 6, 2001 — 6:30 p.m. AQMD Auditorium 21865 E. Copley Drive Thursday, February 8, 2001 — 7:00 p.m. AQMD Board Hearing Room 21865 E. Copley Drive Saturday, February 10, 2001 9:00 a.m. — 3:00 p.m. 1300 Block Bridge Gate Drive (Gateway Corporate Center) Tuesday, February 13, 2001 — 6:00 p.m. AQMD Auditorium 21865 E. Copley Drive January 23, 2001 Page 5 Planning Commission PLANNING COMMISSION MEETING: COMMUNITY COORDINATING COMMITTEE: 11. ADJOURNMENT: Tuesday, February 13, 2001 — 7:00 p.m. AQMD Auditorium 21865 E. Copley Drive Monday, February 19, 2001 City offices will be closed and will re -open on Tuesday, February 20, 2001 - Monday, February 26, 2001— 7:00 p.m. AQMD, Room CC -8 21865 E. Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 9, 2001 CALL TO ORDER: Chairman Nelson called the meeting to order at -7:06 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 Commissioner Kuo. 1. ROLL CALL: Present: Chairman Steve Nelson, Vice Chairman Bob Zirbes, and Commissioners George Kuo, Steve Tye and Joe Ruzicka. Also Present: Robert H. Pittman, Assistant City Attorney, David Meyer, Planning Consultant, Ann J. Lungu, Association Planner, Linda Smith, Development Services Assistant, Sonya Joe, Development Services Assistant, Stella Marquez, Administrative Secretary, and Warren Siecke, Traffic Engineer. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: 4. CONSENT CALENDAR: 4.1 Minutes of the December 12, 2000, Meeting. C/Tye moved, C/Ruzicka seconded, to approve the minutes of December 12, 2000, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Tye, Ruzicka, VC/Zirbes NOES: COMMISSIONERS: None ABSTAINED: COMMISSIONERS: Chair/Nelson 5. OLD BUSINESS: 5.1 Conditional Use Permit No. 99-4 Minor Conditional Use Permit No. 99-9 originally approved on August 10, 1999, to allow for the operation of a restaurant with outdoor dining, the sale and on-site consumption of alcoholic beverages and entertainment (i.e., dancing with a DJ, Karaoke, guitarist, folk singer, and comedy nights) at the location referenced below. In accordance with Condition No. 50) of Resolution No. 99-19, a periodic review of the Conditional Use Permit and Minor Conditional Use Permit is JANUARY 9, 2001 PAGE 2 PLANNING COMMISSI®N required to assure compliance with conditions of approval and to consider whether to modify, add conditions as necessary, or revoke the permit. Municipal Code Section 22.76.020 authorizes the City to schedule a public hearing before the Planning Commission to consider modification or revocation of a Conditional Use Permit. (Continued from December 12, 2000) :I' :_1 lA Platinum Restaurant 245 Gentle Springs Lane - (Parcel 1, Parcel Map No. 15547) Diamond Bar, CA 91765 SX Diamond Bar 259 Gentle Springs Lane Diamond Bar, CA 91765 Chris Pierce 245 Gentle Springs Lane Diamond Bar, CA 91765 PC/Meyer presented staff's report. Staff recommends that the Planning Commission adopt the attached draft resolution as presented or as such resolution may be modified to clearly elaborate the Commission's determination. Chair/Nelson disclosed that he was contacted by Mr. Munoz on Sunday evening to see if there were any questions regarding the applicant's proposed resolution. He stated that he indicated to Mr. Munoz that he had no questions at that time and wanted an opportunity to read the material. VC/Zirbes moved to approve the applicant's draft resolution with the following changes: 1) add a. sentence to the end of Condition 1 to read as follows: "The owners of the Platinum must notify the Planning Director within 72 hours of such a court action, and the Planning Director shall schedule a review of the Conditional Use Permit before the Planning Commission at the earliest opportunity." 2) Add a condition to read as follows: "The business -owners shall employ security personnel on its operating nights in a number satisfactory to control the patrons, both inside and outside of the facility. The security personnel shall keep patrons at the Platinum Restaurant within the boundaries of the Platinum Restaurant to prevent them from loitering and littering on adjoining or neighboring properties." ACA/Pittman recommended the following changes to the applicant's language contained in the draft resolution: Section 5, last line, replace customers with patrons of the Platinum; JANUARY 9, 2001 PAGE 3 PLANNING COMMISSION 6. im Section 6, second line, change the date of the letter from December 12, 2000, to January 9, 2001. VC/Zirbes accepted the changes to his motion recommended by ACA/Pittman. C/Ruzicka seconded the motion with the provision that the City is fully protected under the applicant's proposed resolution and VC/Zirbes' recommended changes. ACA/Pittman stated that with respect to the position of the City, the City would be protected. The ultimate goal is to mitigate perceived problems with the operation of the Platinum Restaurant and protect the public health, safety and welfare. The Planning Commission would achieve that objective regardless of which version of the draft resolution the Commission adopts. C/Kuo asked if the maximum number of restaurant patrons has been established. ACA/Pittman explained that he and staff members are meeting with the Fire Department this week to finally resolve that issue and that final occupancy will be in place by early next week. Chair/Nelson called for the vote. Motion carried 4-1 by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: Tye ABSENT: COMMISSIONERS: None NEW BUSINESS: None. CONTINUED PUBLIC HEARING: 7.1 Conditional Use Permit No. 2000-02 and Development Review No. 2000-20 (pursuant to Code Sections 22.58.020, 22.42.130 G and 22.48.020) are requests to co -locate a telecommunications facility on an existing monopole approved on January 25, 1993, by Conditional Use Permit No. 92-11. The request also includes an equipment cabinet, utility pedestal and concrete pad for both. (Continued from November 28, 2000) PC/Meyer reported that staff's recommendation is to continue this matter to'the January 23, 2001, Planning Commission meeting, pursuant to applicant's request, to allow time to prepare plans and additional information requested by the Planning Commission. Chair/Nelson re -opened the public hearing. JANUARY 9, 2001 PAGE 4 PLANNING COMMISSION Craig Clute, 21217 Fountain Springs Road, agreed to speak during the January 23, 2001, public hearing. In the meantime, he will contact staff members with hisquestionsand concerns. C/Ruzicka moved, C/Tye seconded, to continue the public hearing for Conditional Use Permit No. 2000-02 and Development Review No. 2000-20, to January 23, 2001. Motion carried by the following Roll Call vote: AYES: COMNIISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Conditional Use Permit No. 1998-09(1), Development Review No. 1998-11(1), and Minor Variance No. 2000-19 (Pursuant to Code Sections 22.58.010, 22.48.020(A)(2), and 22.52.020(D)) is a request to amend Conditional Use Permit No. 1998-09, Development Review No. 1998-11, and to approve a Minor Variance for a decrease of 20% in the number of required off-street parking spaces to accommodate on-site seating for twelve at Togo's. (Continued from November 14, 2000) PROJECT ADDRESS: 1193 Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: J. Coleman Travis Trust C/O: Glacier Peak Management Services, Inc. 7955 Dunbrook Road, Suite A San Diego, CA 92126 APPLICANT: Parker Holt -Doyle, LLC 1193 S. Diamond Bar Boulevard Diamond Bar, CA 91765 DSA/Smith presented staff's report. Pursuant to Development Code Section 22.68.0301)(c)(2), the Minor Variance is not required with the Conditional Use Permit. Staff recommends that the Planning Commission approves the amendment to Conditional Use Permit No. 1998-09(1), Development Review No. 1998-11(1), Findings of Fact, and conditions of approval as listed within the draft resolution. Jack Greenspan, Linscott, Law & Greenspan Engineers, speaking on behalf of the applicant, stated he concurs with staff's recommendations. JANUARY 9,2001 PAGE 5 PLANNING COMMISSION Lida Holt, applicant, said she concurs with staff's findings. The property manager is receiving bids for the re -striping of the parking lot. Chair/Nelson re -opened the public hearing. Michael Drucker, owner of property adjacent to Togo's, said he requested copies of the traffic engineer's reports for review. He asked if the most recent report consists of extrapolations, or was the actual site observed. He asked for an explanation of the percentage of the variance and how staff justifies an increase from 36 to 52 parking spaces. He said he has evidence that currently there is not ample parking to support what exists at the site. He indicated that Togo's property manager called him to ask if he was interested in helping them re -asphalt the entrance to the center. He told her that he has owned the center since 1988 and no one has ever asked him to contribute to the paving of that particular area. Because the Commission stated during its last meeting that the area was not to be re -striped until it was approved, he asked her to verify this fact with the Planning Commission. Further, he said that the property indicated to him during the I y manager discussion that the center was under -parked at 42 spaces. He asked that he be given an opportunity to review the modification to the mixed usage. Mr. Greenspan stated that the current study was based on actual observations of the site conducted on a Friday in October 2000, which were set forth in a report dated November 2, 2000. The December 19 report updated the conclusions and presented a refined analysis of how many parking spaces would result due to re -striping of the on-site area. PC/Meyer stated that with respect to the percentage of reduction, the applicant is requesting that the number of spaces be reduced from the required 52 spaces to 40 spaces. Staff's recommendation to the Planning Commission supported by two traffic engineers is that there should be 36 functional parking spaces rather than 40 non-functional or marginally utilized parking spaces. Ken Patel, Subway owner, said he does not believe that a reduction in parking spaces to 36 is practical. At the request of Chair/Nelson, he showed a personal video tape he took last Friday, which shows that almost every parking space is occupied. Roxanne Taylor, Diamond Bar Town Center Property Manager, said she does not understand how an October study of the site could have been accurate since Togo's had just opened. Codes are in place for a reason. Adequate parking spaces should be provided. Increasing the size of parking spaces and reducing the number required spaces does not make sense to her. Placing such. an additional burden on the center really does not make any sense to her. She visited the center between 6:00 p.m. and 6:30 p.m. tonight and was unable to locate a parking space. JANUARY 9,2001 PAGE 6 PLANNING COMMISSION Chair/Nelson closed the public hearing.- - C/Tye asked if the west side of the curb area between Togo's and Firestone that is not painted red could be striped to create four or five additional parking spaces. PC/Meyer responded that staff will look into the possibility of C/Tye's suggestion. Following Commission deliberation, C/Tye moved, VC/Zirbes seconded, to approve Conditional Use Permit No. 1998-09(1), and Development Review No. 1998-11(1), Findings of Fact, and conditions of approval as listed within the draft resolution with the following amendment: That on Page 9, Condition (n) indicate "3 tables for a total seating for 6 seats." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PC/Meyer reiterated that staff will modify the resolution to eliminate any reference to modification of the existing parking facilities and include the reference to a maximum seating capacity of six seats, 3 tables. The resolution includes a provision for periodic review of the operation by the Planning Commission. PC/Meyer responded to VC/Zirbes that the resolution will clearly define the fact that the Planning Commission has no comfort with the property owner re -striping the parking lot which will be signed by the applicant as well as, the property owner. 8. PUBLIC HEARING: Due to a potential conflict of interest, C/Ruzicka recused himself from deliberation on Public Hearing Item 8.1 and left the dais. 8.1 Conditional Use Permit No. 2000-08 and Minor Conditional Use Permit 2000-22 (Pursuant to Code Sections 22.58, 22.56 and 22.68.030D) is a request to modify an existing retail suite to a shared space for Kendo Martial Arts Studio and an Interior Design Studio, and to approve a Minor Conditional Use Permit for a decrease in the number of required off-street parking spaces for the legal non -conforming shopping center. PROJECT ADDRESS: 1403 S. Diamond Bar Boulevard Diamond Bar, CA 91765 JANUARY 9, 2001 PAGE 7 PLANNING COMMISSION PROPERTY OWNER: JHC Investment, LLC 3530 Wilshire Boulevard, #1440 Los Angeles, CA 90010 APPLICANT: Kevin Kim. 1410 S. Stonecrest Drive Diamond Bar, CA 91765 DSA/Smith presented staff's report. Staff recommends that the Planning Commission approves Conditional Use Permit No. 2000-08 and Minor Conditional Use Permit No. 2000 22, Findings of Fact, and conditions of approval as listed within the draft resolution. Chair/Nelson opened the public hearing. There being no one present who wished to speak on this item, Chair/Nelson closed the public hearing. VC/Zirbes moved, C/Tye seconded, to approve Conditional Use Permit No. 2000-08 and Minor Conditional Use Permit No. 2000-22, Findings of Fact, and conditions of approval as listed within the draft resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Ruzicka ABSENT: COMMISSIONERS: None C/Ruzicka returned to the dais. 8.2 Development Review No 2000-21 and Minor Conditional Use Permit No. 2000-21 (Pursuant to Code Section 22.48.020 and 22.68.030(B)) is a request to construct an addition of approximately 13,572 square feet to an existing two-story Public Utility Telephone Switching Facility of approximately 12,193 square feet for a total structure of approximately 25,765 square feet. The Minor Conditional Use Permit is required for expansion to a legal non -conforming structure. PROJECT ADDRESS: 1041 South Grand Avenue Diamond Bar, CA 91765 M JANUARY 9, 2001 PROPERTY OWNER: ENJIUMNOW ruglam 1 ,M Verizon One Verizon Way Thousand Oaks, CA 91362 TDM Architects, Inc. 930 Colorado Boulevard Los Angeles, CA 90041 DSA/Smith presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2000-21 and Minor Conditional Use Permit No. 2000-21, Findings of Fact, and conditions of approval, as listed within the resolution. Chair/Nelson opened the public hearing. Sheryl Brenneman lives across the street (Porte Grande) from the structure. She is concerned about facility noise and view impact. Diran Depanian, TDM Architects explained the placement of equipment and its screening. Chair/Nelson closed the public hearing. VC/Zirbes moved, C/Ruzicka seconded, to approve Development Review No. 2000-21, Conditional Use Permit No. 2000-21, Findings of Fact, and conditions of approval as listed within the draft resolution subject to the following amendments: 1) "Direct staff to work with the applicant to see that dense landscaping with mature trees is placed on the street frontage to minimize the visual impacts of the building and to maximize the natural beauty of trees and foliage." 2) Amend Condition 0), page 12 to read "The entire project" instead of "The proposed project." 3) If, in the future, any change occurs in the use of the land, the City shall be duly noticed." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 9. PLANNING COMMISSION COMMENTS: 10. INFORMATIONAL ITEMS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson None None None Offered. 10.1 Public Bearing dates for future projects - as noted. JANUARY 9, 2001 PAGE 9 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Nelson adjourned the meeting at 9:15 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Steve Nelson City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 7.1 REPORT DATE: January 17, 2001 MEETING DATE: January 23, 2001 CASEXILE NUMBER: Conditional Use Permit No. CUP 2000-02, and Development Review No. 2000-20 APPLICATION REQUEST: To install a three panel antenna on an existing 60- foot high monopole and to construct a 12 foot by 12 foot concrete slab upon which to mount a five- foot high nine square foot equipment cabinet and associated utility meter. PROJECT LOCATION: 21400 Pathfinder Road Diamond Bar, CA 91765 (Diamond Bar High School) PROPERTY OWNER: Walnut Valley Unified School District 880 South Lemon Ave. Walnut,. CA 91789 APPLICANT: Metricom, Inc. 1460 East 33rd Street Signal Hill, CA 90807 BACKGROUND/ANALYSIS : On November 28, 2000, the Planning Commission held a public hearing for this proposed project. The Planning Commission expressed a concern that the proposed antenna structure was not adequately screened. The Planning Commission continued the public hearing to January 9, 2001, to allow the applicant sufficient time to explore options that would result in compliance with the City's design criteria. The applicant requested that the public hearing be continued to January 23, 2001, to afford an opportunity to complete their investigation of alternatives. As of this date, the applicant has submitted plans to add green fabric to the chain link fence along the west side of the project area. This material will match the existing fencing along the southerly boundary of the project. In addition seven (7) five -gallon bushes will be planted along the southerly boundary of the site to soften the mass of the fence. The existing trees located on the hillside terrain to the south and west provide screening of the existing monopole to the surrounding neighborhood. The monopole, the attached antenna and the equipment storage buildings are clearly visible to the participants using the high school athletic field and to observers who may be seated in the bleachers adjacent to the athletic field. The location of the equipment structures for the telecommunication facility limits the ability of the applicant to install additional trees to screen the monopole and the proposed antenna structure from the easterly view corridor. The Planning Commission has suggested the use of lightweight material to screen the antenna apparatus from view. The applicant, Metricom Inc., is exploring their ability to manufacture and install such screening material on the existing monopole. Metricom has advised staff that they must seek approval from the owner of the monopole and that they must provide assurances that the pole has the structural capability to withstand the additional forces that would be generated by the screening material. As of this date, the applicant has not completed an engineering analysis of the existing monopole. The Planning Commission may wish to reopen the public hearing and solicit testimony from the applicant and other interested individuals. The Commission could debate the issues and then provide the applicant with a range of alternatives that may properly address its concerns. As an alternative the Commission could continue the application to a date certain and direct the applicant to provide the staff with the needed information in a timely manner. As another alternative, the Planning Commission could close the public hearing, express its intent to either approve or deny the project and direct staff to prepare a resolution to be considered at the next regular meeting. Staff recommends that the Planning Commission reopen the public hearing, receive testimony, and then select from the following options: 1. Close the public hearing and direct staff to prepare a resolution of approval or denial to be presented to the Commission at its next regular meeting for adoption; or 2. Continue the public hearing to a date certain and direct the applicant to provide the staff with appropriate information. Prepared by: LDM Associates Planning Consultant Attachments: 1. Photograph copies of site 2. Site Plan 3. Staff Report presented at Planning Commission Meeting on November 28, 2000 gA\StafiReponPC�cup00.2 dr00-20HighSchool-Puhfinder-jno01 2 \� : . ---��3t [�\ §\� race i o 1 1 file://A:\1\4VC-00 1 S.JPG 12/7/00 Page i of i file://A:\MVC-002S.JPG 12/7/00 1Jagc 1 Ul 1 file://A:11\4VC-003S.JPG 12/7/00 file://A:\MVC-004S.JPG 12/7/00 t'aue I v1 1 file://A:\1\4VC-005S.JPG - 12/7/00 Ilaue file:HA:\1\4VC-006S.JPG 12/7/00 Page i of i file://A:\1\4VC-007S.JPG 12/7/00 Yagc 1 ui i file://A:\MVC-008S.JPG 12/7/00 flauc I o i file://A:\A4VC-009S.JPG 12/7/00 file://A:\MVC-001 S.JPG 12/7/00 !'a, -,c i oi i file:HA:\1\4VC-003S.JPG 12/7/00 i 01 file://A:\MVC-004S.JPG 12/7/00 file://A:WVC-005S.JPG = 1 1i7inn Pa' -'e 1 01 1 file://A:\MVC-006S.JPG 12/7/00 file://A:\MVC-007S.JPG 12/7/00 t' iLi Ol i file://A:\MVC-008S.JPG 12/7/00 1, au, c 1 () I I file:HA:1MVC-009S.JPG 12/7/00 City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 8.1 REPORT DATE: November 20, 2000 MEETING DATE: November 28, 2000 CASEffi LE NUMBER: Conditional Use Permit No. 2000-02, and Development Review No. 2000-20 APPLICATION REQUEST: The applicant is requesting approval of plans to connect a three panel antenna to an existing 60 foot high monopole and to construct a 12 foot by 12 foot - concrete slab upon which to mount a five-foot high nine square. foot equipment cabinet and associated utility meter. PROJECT LOCATION: 21400. Pathfinder Road Diamond Bar, CA 91765. (Diamond Bar High School) _ PROJECT .OWNER: Walnut Valley Unified School District 880 South Lemon Avenue Walnut, CA 91789,.. APPLICANT: Metricom, Inc. 1460 East 33'd Street. Signal Hill, CA 90807 BACKGROUND: -. The subject property is a fully developed public high school (Diamond Bar High School). It is owned and operated by the Walnut Valley Unified School District. The site is zoned R-1,7,500. The southwest corner of the athletic field has -been the subject of - previous requests for the construction telecommunications antennas and associated unmanned equipment facilities. The City has previously approved the construction of two monopoles at this location (see CUP 92-11 and CUP 94-7). The telecommunication facilities have been utilized since. 1993.The existing ground mounted equipment. storage buildings are located within a fully enclosed and screened area. . FASnflRePW-rc�e�OD Ox8�9o-2oNiahs�oo4� The land uses surrounding the subject high school site include single-family residential to the north, south and east, with commercial development located along the SR 57 Freeway to the west. The proposed project is located adjacent to the football stadium and is less than 100 feet from the closest single-family residential dwelling. The site is elevated approximately 50 feet above the dwelling unit to the south. The previous Planning Commission approval of the 60 foot high monopole included a condition that the pole be designed and constructed with the capability of use by dual service providers (see Planning Commission Resolution No. 95-17) This request is for the City's approval to connect to the existing monopole in accordance with the intent of previous City approvals. On March 2, 1999, the City adopted an ordinance establishing development standards for radio and television antennas and wireless telecommunication antenna facilities (Ordinance No. 04 [1999]). The proposed project was reviewed as to its compliance with the City's adopted development standards as set forth in Section 22.42.130 of the City's Development Code. The proposed antenna will be located approximately 10 feet beneath the existing antenna equipment mounted at the top of the existing 60 -foot high monopole. The new antenna equipment will be painted to match the existing equipment. The proposed unmanned equipment will be located within the existing = fenced and screened area that located near the existing monopole. The electrical service to the new equipment will be installed underground. The equipment cabinet is approximately 3 foot by 3 foot six inches. The height of the cabinet is 5 feet 2 inches. The surrounding fencing is six feet high. The equipment will be completely screened by the existing fencing and landscape material. The existing eucalyptus tree located on the slope to the south of the existing facility screens the project from view from the residential community,,,, The site is elevated above the mad surface of Brea Canyon Road. The existing slope landscaping softens the appearance of the existing facility. The proposed project -is subject to the development standards set forth in Section 22.42.130(7) of the Diamond Bar Development Code. This section of the code deals with the "Modification to Existing Facilities". The existing telecommunication facilities were legally constructed prior to the effective date of the new ordinance requirements. The proposed modifications will not increase the height of the existing facilities. Potential adverse visual impacts have been or will be mitigated to the maximum extent possible. No required parking spaces will be eliminated as a result of the proposed modifications. The applicant has provided additional information concerning the proposed project. The information has been attached to this report for your review and consideration. IK 1) z 1810111 The proposed modification to the existing telecommunication facilities located on the subject property are consistent with previously adopted policies of the City, as set forth in the General Plan, to guide the orderly development of the community, to promote the public health, safety, comfort, convenience, and general welfare of the City's residents, to protect property "values, and to enhance the aesthetic appearance of the City by maintaining architectural and structural integrity and by protecting views* from .obtrusive and unsightly accessory uses and facilities. 2 -.. ti ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(b), Class 1, the City has determined that this project is Categorically Exempt. PUBLIC NOTIFICATION: On November 16, 2000, approximately 296 property owners within a 700 -foot radius of the subject property were sent notices of the public hearing on November 17, 2000. On November 17, 2000, this application was advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin. RECOM ENDATION: . The staff recommends that the Planning Commission open the public hearing, receive testimony, close the public hearing, and approve Conditional Use Permit No. 2000-02, and Development Review No. 2000-20, Findings of Fact, and conditions of, approval, as listed within the resolution. FINDINGS OF FACT: 1. The proposed project, to the extent feasible, blends into the surrounding environment. 2. The proposed project, to the extent feasible, is screened or camouflaged by existing topography and vegetation. 3. The proposed project is consistent with the surrounding development in terms of mass and scale. 4. The proposed project is sufficiently setback from the surrounding residential structures. 5. Access to the proposed project is taken from existing facilities located on the High School site and no new access roads.will be required. 6. The proposedproject conforms to the City's most preferred location in -that it is to be co -located with an existing facility at a pre -approved location. 3 Founded in 1985, Metricom provides wireless data communications and network solutions for personal computer and industrial applications. The firm, headquartered in Los Gatos, California, develops license - free, high performance products that feature advanced, spread -spectrum packet radio technology, which sends data across a network of intelligent radio nodes. Metricom's Ricochet division provides wireless access and communications solutions for groups and individuals using computers in the corporate, consumer and education market sectors. Ricochet offers affordable monthly subscriptions to its wireless service at flat rates which includes internet and e-mail accounts with unlimited usage. Subscribers can also access corporate LANs and intranets, on-line services such as American Online and CompuServe with additional options. TWWT � The intent of Metricom is to provide high speed mobile internet access services for personal and business purposes to the City of Diamond Bar and surrounding communities. I, , The applicant proposes to install a' Wired Access Point (WAP) facility on an existing monopole, owned by SpectraSite Communications, Inc., previously owned by Smart SMR of California, Inc. The site is situated on a portion of the property located in the City of Diamond Bar, identified as '21400 Pathfinder within the Diamond Bar High School campus and is identified on the City Telecommunications Facilities Opportunities Map. The facility would be utilized to locate the following: .. ® Three (3) antenna sectors. Each sector will have four (4) panel antennas and will be mounted 10' below the top of the existing 60' monopole. Each panel antenna will have the dimensions of 36" high x 10.5" wide x 2.5".deep. By using an existing monopole.to.mount the panel antennas, the need to construct a new monopole is avoided. Furthermore, eucalyptus trees partially screen the existing monopole. ® One (1) - Equipment cabinet (29" wide x 32" deep x 72" high) will be ground mounted within an existing 6' high fence enclosure adjacent to an existing shelter on the west side of the monopole. . Metricom has received permission from the property owner to allow construction and maintenance of the facility, as well as access to the site. GENERAL SITE ANALYSIS Unlike other land uses which can be spatially determined through the General Plan or other land use plans, the location of wireless telecommunication and data facilities are based on technical requirements which include service area, geographical elevations, alignment with neighboring sites and customer demand components. " Placement within the urban geography is dependent on these requirements. Accordingly, wireless telecommunication and data facilities have been located adjacent to and within all major land use categories including residential, commercial, industrial, open space, etc. proving to be compatible in all locations. The proposed facility is unmanned, and will have no impact on circulation systems, and generate no noise, odor, -smoke, or any other adverse impacts to adjacent land uses. The proposed facility will allow commuters and residents within the coverage area wireless access to the rapidly expanding communication infrastructure by providing data transmission services. The installation of the proposed facility will not result in changes to the character of the community. The proposed wireless telecommunications facility will be in full compliance with all state and federal regulations including the Telecommunications Act of 1996. Ezdsting Use The subject area is located along Brea Canyon Road in the City of Diamond Bar within the Diamond Bar High School campus, adjacent to the school's football field and is zoned (R-1) Low Density Residential. The site is presently being. used by NEXTEL for mobile telecommunications. Surrounding Uses Irregular topography and -improved streets characterize surrounding properties. Surrounding land uses include: Diamond Bar High School to the north and east of the monopole and residential to the south with the 57 freeway adjacent to the west. Easement/Utilities Metricom has obtained, from the property owner, the right to gain access to the site, as well as a lease for construction and operation of a commercial wireless facility. _ Metricom's Diamond Bar WAP Facility has the following benefits: • Brings leading-edge technology to the community, including businesses, households, schools, public service agencies, and medical facilities. • Inter -city wireless communications and information, including wireless "e-mail". • Can provide non -emergency communications for dispatch vehicles, such as police, fire, building inspectors, appraisers, parks and recreation, etc. • The project will have no environmental impacts. " NA T The intent of Metricom:is to provide high speed mobile internet access services for personal and business purposes to the City of Diamond Bar and surrounding communities. The applicant proposes to install a Wined Access Point (WAP) facility on an existing monopole, owned by SpectraSite Communications, Inc., previously owned by Smart SMR of California, Inc. The site is situated on a portion of the property located in the City of Diamond Bar, identified as 21400 Pathfinder within the Diamond Bar High School campus and is identified on the City Telecommunications Facilities Opportunities Map. Section'22.42.130 (G) of the Diamond Bar Development Code may allow a wireless telecommunications facility to be authorized by an Administrative Review as long as it complies with requirements set forth in Section 22.42.130(G)(2) subparagraphs "a" through "g". Even though Metricom's proposed WAP facility is co -locating on an existing approved monopole, it seems that it does not meet the criteria of an Administrative Review due to the issue regarding antenna concealment. The existing monopole does not provide the opportunity to conceal the proposed antennas. Based on technical requirements, Metricom's target area for their WAP facility, is within a predominately residential area with a minimal amount of existing tall structures to accommodate their equipment. Metricom has made considerable effort in choosing a site that conforms to G6(f)(l)and(2), of the Diamond Bar Development Code, Section 22.42:130, and to meet their own technical needs. 'By using this existing monopole to co -locate their antennas, the need to construct a new monopole is avoided. . .PLANNING COMMISSION RESOLUTION NO. 2000 -XX OV III i 1 1 Y/ 1 1 III 1 1 A. RECITALS. 1. The property owner,* Walnut Valley Unified School District, and applicant Mr. Keyur Mistry, acting as the agent for Metricom, Inc., have filed an application fora Conditional Use Permit No. 2000-02 and Development Review No. 2000-20 for a property located at 21400 Pathfinder Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Conditional- Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On November 16, 2000, public hearing notices were mailed to approximately 296 property -owners within a 700 -foot radius of the project site. On November 17, 2000, notification of the public hearing for this project was provided in the San_ alley Tribune and Inland Valley Daily Bulletin newspapers, and the project site was posted with a display board Further, the public notice was posted at three public places. 3. On November 28, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. RESOLUTION. NOW, REFORE, 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 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 15301(b). Furthermore, the Categorical Exemption reflects the independent judgement of the City of Diamond Bar. S-WAm lut om FCCLT0 oZc$c Ds Highschool 0V0o.d= . . 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 wildlife resources or the habitat upon which the wildlife depends. Rased 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. Rased on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is a fully developed public high school and the proposed project is the co -location of a telecommunication antenna to be attached to an existing monopole. -- (b) The project site has a General Plan land use designation of Low Density Residential. (c) . The project site zoned R 7,500. - (d) Generally, the site is surrounded to the north, south, and east with R-1-7,500 zoned property. The property to the west is zoned CPD (Commercial Planned Development). Development Review (e) The,design and layout of the proposed development is consistent with the applicable elements of the City's.General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for . special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing fully developed public high school with similar type telecommunication facilities located within close proximity of the proposed project. On July 25,1995, the City adopted its General Plan. The proposed project complies with the General Plan land use goals, objectives and strategies.... (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or fliture development and will not create traffic or pedestrian hazards. The project site is an existing public high school. The site contains similar telecommunication facilities. The proposed project includes the attachment of an antenna to an existing 60 -foot high monopole. The associated nine square foot equipment cabinet will be located in an existing fenced and screened area. 0 (g) The proposed project, to the extent feasible, is screened or camouflaged by existing topography and vegetation. (h) 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. The proposed project is consistent with the surrounding development in terms of mass and scale. The proposed project is sufficiently setback from the surrounding residential structures.' Access to the proposed project is taken from existing facilities located on the high school site and no new access roads will be required. (i) 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. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) Pursuant to the provisions of the California Environmental. Quality Act (CEQA), Section 15301(b), the City has determined that the proposed project is categorically exempt from -the provisions of CEQA. Conditional Use Permit (k) -The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed telecommunication project is permitted on the subject property as set forth in Section 22.42.130 of the Diamond Bard Development Code. (1) The proposed use 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. K] (m) Design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; . The proposed co -location of the telecommunications equipment with existing facilities is -consistent with the City's development policies. (n) The subject site is physically suitable for the type and density/intensity of use Ding proposed including provision of utilities, compatibility with adjoining land includin g uses, and the absence of physical constraints; and The project site is -a 'My developed public high school with similar telecommunication facilities in place and operational for approximately eight years. The minor addition to the existing facilities will have no additional impact on the community. (o) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; Before the issuance of any City permits, the proposed project is required to: comply with all conditions set forth in the approving 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. 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 may be 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, the 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, constriction, 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) All conditions of Planning Commission Resolution No. 95-17 as such conditions apply to the landscaping and maintenance of this site shall be complied. with. H (d) All utility service to the proposed project shall be installed underground and such installation shall be completed prior to the Spring of 2001 to the satisfaction of the City Engineer. (e) Underground trench replacement shall conform to the Public Works Division Standards. Traffic control shall be installed in a manner acceptable to the City Engineer. -- (f) Construction shall be limited to 8:30 am to 4:00 p.m. Monday through Thursday and 8:30 am to 3:00 p.m. Friday. No work shall be done Saturday or Sunday. (g) Construction Plans shall conform to State and Local Building Codes (i.e., 1998 editions of the Uniform Building Code, Plumbing Code, Mechanical Code and 1998 edition of the National Electrical Code) as well as the State Energy Code. (h) The proposed antenna attachments shall be engineered to meet wind loads of 80 m.p.h. with an exposure "C". The existing monopole shall be designed for the additional antenna loads. (i) All proposed cable installed on the exterior building wall shall be flashed, painted or otherwise treated to match existing buildings and equipment. (j) In the event that cable or electrical conduit is install from the BTS cabinet or any vault, such installation shall be made underground in a manner acceptable to the Building Official. (k) This:,entitlement is valid for two -years and. must be exercised (i.e., construction started) within that period or this entitlement shall automatically expire. A one-year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (1) This grant shall not be effective for any purpose until -the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of .Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays applicable City processing fees, school fees and fees for the review of submitted reports. (m) 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, via certified mail, to: Walnut Valley Unified School District, 880 South Lemon Avenue, Walnut, CA 91789, and IARr. Keyur Mistry, c/o Metricom, Inc.,1460 East 33'd Street, Signal Hill, CA 90807. APPROVED AND ADOPTED THIS 281h OF NOVEM BER 2000, BY THE PLANNING COMMSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman... I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the'Planning Commission held on the 28th day of November 2000, by the following vote: NOES: ABSENT: _ ABSTAIN: CM OF DIAMOND BAR DEPARUM OF COMMDNM & DEVELOPS SERVICES Planning Division 21660 E. t opky Drive Smte 190, Diced Bar, t,A 91765 (909)396.5676 Fax (909)861.3117 Name walnut -V -1 ev Unified (Lou name fast) _11WZ-u.■ - Metricom 0AOanne fut) 1460 E. 33rd St. chy Walnut. CA Signal Hill., CA ,zip 21789 90807 phmc( )9Qs_5g5_1261 pbme( ) 562-988-0039 FPL 0, Deposit S Receipt M By Date Reed :— FOR MY USE Applicant's Agent Arthur, Peter(RCC) (Last name lust) 3158 Redhill Ave #2( Costa Mesa, CA 92626 ph=v( )714-754-5431 Fax () Fax () 562-988-7790 Fax ( )714-754-5721, NOTE: It is dw appliowes respamnbility to notify 60 01Y in spiting of any cbnp of lhe principals involved during the processing of this case. (Attach separate abeet, if wry; iacladioog names. aftaimes, ted apshm of members dpffWudqxjwW venose:, and direeI I of empwationL) Consent: I cot& dwt I wx the otaeer of dke kessin "ardpennit * OPPEMW O file tkb request Signed Please see ' attached lease Datie (AD record ownw) . Cerhpation. I, the mukritne4 hm!by coo wuW pnwby of *at the iqfmwdm hams p vvi&i h comer to the best of myknmiedgs. Print Name Pete .Arthur, (RCC Consultants, Inc.) Signed Dam ' (APplicant ar Apo) Laca6oe 21400 Pathfinder Road (wed address wumaand lot samba) ZonWg R-1 - ff 5� _ Home Nwbaing map l e �" H 33 3 DA Z' S •Previous Cases CUP -T92 -11j DR 92-5, and CUP 9.6-12 (ru,p 9th- 7 Prot wUseofSiu Wireless telecommunications monopole adjacent to DBHS FB Fielt Use applied for Same Use with expanded wireless telecommunications facility Q2 -located on existing monopole for wireless high-speed mobile internet 7NDMONAL USE PERMIT BURDEN O' ROOF **Please See Attached** r In addition to the information required in the applicatim the apPb=ot sball substantiate to the satisfactioo of the Planning Commission, the following facts: (answers must be full & wmpkft) . A That the requested use at the location proposal wl not: 1. Adversely affect the health, peace, comfort or welfarc of persons residing or working to the surrounding area, or 2. Be materially detzmeotal to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, as. 3. Jeopardize, codan or osr MIC cOnSdUft a =coace to the public be" safety or general welfare. B. That the p%xwed. site is adequate in sire and shape to accommodate the yards, walls, fences, parking and loading facriilies, IwAsomping and other development featnrsa presort'bed in this Title 22, or as is otherwise required in order to integrate said use with the vacs in the 3011001ding VIOL C. That the proposed site is adequately served: 1 • By highways or streets of sWZciwj width and impmved as necomy to Cony the idad and gmmtity of tiaffic snchuse would scocrate, and 2. By other pvbiic or private service hcMtiu as are t+eguba _. Residential: ' Total baits Bwbdw I Bedroom 2 BdM dt darner Total Pk;. CVV Fkg. uwm. Pk& Project Sae: Lot Coinage: lion -residential: Sq. 8 area pleigbt: No. of Boom- Sq. Footage No. ofBlslgs. Occ.npaniLoad+ • CUP Burden a ?wd- Page 1 Parkin. N/A Handicap Landscaping: N / A Sq. feet Gradmg: Y ® Nxx Ifm cut FM Import: .Y ® 'Ai X Uym Export: Y ® N- X If - Oompant Load as calculated bydje.Betc SafietyDbuzon is mpiredfor all dining t orarsembh+use. churches, health clubs, theaters, etc. LEGAL DESC UMON (s11 IWB s) Please see attached 2 BAR OF • i t Suite, Fax0. Record Owner Name WWOOE AtLCY-'— (Last name Sa 900d - Disr Addmx j8D S . LEr%,w Ave Cay '� At_ U 1 Phoae(go9 S 9 E -1.261 Applicant - • - . -. _ _ ...... Mr 1c--1 M._jMC • -e7, C- GA.- GA.- G1 ogo-7 Pbone(562). 9 $$" - 0038 Case# FPL #_� " Deposit S Receipt# ' p BY Data Rev'd Applicant's Agent M 1 TRY •kE `I V(Z r1' (List nam fust) 1v 1 S bias; Si #10 1, tUQQA+1r- CA 11.5 oZ PtoaoneFd 8) `� S 3' 3 O 4 ,c I U NOTE: It is the applimes rCSponst'bt'h'ty to notify the aonmtrnity Development Dirxtor in writing of any change of the principals involved during the processing of this case. (Aaseh a separate shat, if neeasary, bwbmft amma, addmmu, and signmm of members of partnerships, joint veaowra, and directors of corporations.) Consent. 1 cert fy that 1 am the owner of the hetes dmraa propeny and pamit the apprwant tof le this request. 6 _ Signed S �4T?sic tem C ' Sc Date (All record owttets) Cer<iftcalion: 1, the aundemi{gned, hereby an* wider penally q f pequuy dot the Wonramdion herein pmyMed Is correct to the best of my knowdeds►a. _. Print Name ;cg. PPC 74 ( or AVn* Signed Date 10- 03 loo -mo ; (Appy or A (vocation 2-14 Oo Pfl T H-F,r.10L4 r—o-r4ib _. (Stmet address or traet and lot nmpba) Zoning �^ iirTM Previc" uses Culp ►� t% Q `12 — 5 CUP 9G, Present Use of Site tlLCti.cSS �Mf'^�N�41?r �..JS P10"oP.�t.cc. ASA�T � is 1A RS • 4;4Q 0_90%... 46th Use •ItpIied for .s Vic..: VSC tom► 1 H �X'%� iar Q�Etf cs ct,�EcJ,rY`wNtcJ� totes �74C t L4 -r "1 Sm - L__ -CA L__-CAM7 5Q O N CXIS i r e�1� /"''�n+�►%�OLi alt _ lit �C1.c$S Ni'"o31.�/k A n,jL'TuGyt� An application for Development Review is nquind for any and all conmoorciaL huhsstrial, institutional development, and any residential project which proposes five dwelling units or zoare (detached or which involves the issuance of a building pennit for construction or McCustrUcum Of a s)which meets the foliowmS criteria: 1. Now construction on vacant propew. 2. Smmngl 8&1=m to low buldwp %toch am eq W to fifty percent of the floor area of an existing on-site s), or hevea minimm an 6onsand square fed as gross floor 3, • n to ft percent of the floor area of GXisft Ok-"8 WULDg(s), Or have a in PIGS floor =q 4, pwjsm kNdhhg a aftaniial change or istansificedon of land use, such as, but nn -at limited to. the conversion of an c&ft bdIft too mmuzow. or do convasion of residential stsucatre to -an office or commercial use. 5. Residential, commercial, industrial, or institutional projects proposed upon a decending slope abutting -a public street. ALL DEVELOPNlENT REVIEW • .S SHALL CONTAINTHE • • r. NF • elevationsA. A detailed site plan, floor plans and pared1. Dimensions and orientation of do 3. Location of save ovwb=S and architechusl fesnum. proposed. S. ChudinS Pians, inch -1 easthwork calculations. B. Development Review nupdres 15 full sized folded (11% $11) of each C. All building eUvations including sigazSc D. Indicate types and colors of all exterior construction matcrials with a materials board. Include a colored scadering of she proposal (both maximum sae l8•xl4o). E. Location of all walls and finces, tbeir beigia and materials of F. Copses of any and all CCAR7s applicable to the development or use of the G. Any other ambitecanal and casitnocnag data as may be n quirsd to,permit a complein investigation of rho H. ' land use ndi.us map--. I. 2 sets of gummed mailing labels for all property owners within the 300' .adius (including applicant andlor applicant's ). Number all lots and cross reference with labels. Include a phatown of all labels. ). Photographs of site and trey diagram. K. Dalt tree 'L. 2 copies of a Title Report that is less than 30 days old. THE MATERIALS HEREWITH HELNG sbammPaD IAO NOT CONVIT31M A COMPLEM FILING OR AN ACCEPTANCE 8YTHE CfIY. W&h 30 days ficin the due noted on the fee nce4K, dwappUcent or bis agent will be maged a statement notifying him ifaddamond materials or 'stfinmadon are r_, , ,......._. ., "I - 1 • " •. � � 1' • :`SIJ ^�:.a.... _ - •' 1'..�• • ,._:... � _,;.. .., .. ..� ...: -.�:.. ,. �. ' benVanedby /w P qf TREE PRESERVATION STATEMENT " subject property contains no oak, walnut, sycamore, willow, or naturalized Califorr&Pepper trees. t J The subjea Property contain one or more oak,walnut, sycamore, willow, or naturalized California Pepper tree. The applicant anticipates that no activity (grading and/or. construction) wilt take place within five (S) feet of the outer dripUne of any oak, walnut, sycamore, wMow, or naturalized California Pepper tree. The subject property contaim one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant notes that activity (grading and/or construction) wit take place Widlin five (5) feet of the outer dripline of any oak, walmrt, sycamore, willow, or naturalized California Pepper tree. A Tree Permit- has been or wr'lt be applied for prior to any activity taking place on the property. — /o -- 03 — Z.-000 (Applicant's Signature; (Date) 0 ::y n a or :i8 9�Q #3lrND ICU it V Zil 60-u%` aa1 Up, pIVBCo3M00I\C1 olfAAO PUDWIM : PIRM ZC�rZt;o __. _._�.__.,.._..._.._ ..v__....�I3e► "�� :aao¢£S6sT8 xv.q C6 -!TT TO/LT/TO O D C C gg�fig,Ll m na e`c V r-4 nIOU ; F 8 (ge d a or :i8 9�Q #3lrND ICU it V Zil 60-u%` aa1 Up, pIVBCo3M00I\C1 olfAAO PUDWIM : PIRM ZC�rZt;o __. _._�.__.,.._..._.._ ..v__....�I3e► "�� :aao¢£S6sT8 xv.q C6 -!TT TO/LT/TO City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 7.2 REPORT DATE: December 27, 2000 MEETING DATE: January 23, 2001 CASE/FILE NUMBER: Development Review No. 2000-15 APPLICATION REQUEST: To construct a two-story single-family dwelling unit containing approximately 9,471 square feet, a basement and a 1,546 square foot three -car, garage. In addition, the request includes an accessory gazebo . structure containing approximately 400 square feet. PROJECT LOCATION: 1819 Derringer Lane Diamond Bar, CA 91765 (Lot 2 of Tract No. 24046) PROPERTY OWNER: Mr. Hardip Gill 100 Stagecoach Cir. West Covina, CA 91791 APPLICANT: Mr. Chary Dagam 1000 Regal Canyon Dr. Walnut, CA 91789 BACKGROUND: The property owner, Hardip Gill and applicant, Chary Dagam are requesting approval of Development Review No. 2000-15 (pursuant to Code Section 22.48.020) in order to construct a two-story single- family dwelling unit containing approximately 9,471 square feet, a basement and a 1,546 square foot three -car garage. In addition, the request includes an accessory gazebo structure containing approximately 400 square feet. The reference project was adgendized for the December 12, 2000 Planning Commission meeting. At that time, the public hearing was opened and continued to January 23, 2001 to allow the applicant additional time to prepared for the public hearing. The subject property is addressed as 1819 Derringer Lane and it is located at the northwest corner of Derringer Lane and Diamond Knoll within a gated community identified as "The Country Estates". It is rectangular shaped vacant lot approximately 67, 954 square feet (1.56 net acres)_ sloping downward from Diamond Knoll Lane to the north at a ratio of approximately 4:1. The property is encumbered with a variety of easements for incidental purposes such as pole lines, utilities, and recreational trails, etc toward the rear. The General Plan land use designation for the subject site is Rural Residential (RR) and the zoning designation is R-1-40,000 zone. Single-family dwelling use is permitted within this zone pursuant to Section 22.08.030 of the Diamond Bar Municipal Code. The land uses surrounding the subject property to the north is a vacant residentially zoned parcel of land. The land uses to the east, south and west is single-family residential. ANALYSIS: Development Review In accordance with Section 22.48.020.A.1 and 3, an application for Development Review is required because the application request involves more than 10,000 square feet of combined gross floor area. Additionally, this review is required to establish the consistency of new development with the General Plan by promoting quality aesthetic and ensuring that new development and intensification of existing development yields a pleasant living environment and attracts the interest of residents as the result of consistent exemplary design. The applicant has submitted soils report No. 88-767 prepared in December 1989 by Triad Foundation Engineering Inc. The soils report was revised September 6, 2000, by Soils and Geology Inc., in order to update the original report for the current project. The Building and Safety Division may need additional information because the report seems to reference another development plan that includes a swimming pool and a crib wall. The submitted plans do not include a crib wall nor do they indicate that a swimming pool will be part of the proposed project. The applicant has submitted a grading plan prepared by H. Steve Nazemi of Tustin California dated September 19, 2000. The submitted plans show a series of 5 -foot high retaining walls along the southerly and easterly property lines that will result in terraces that permit the finish floor of the dwelling to be constructed approximately 14 feet below the elevation of Diamond Knoll Lane. The dwelling will then follow the sloping terrain to the north. The roof of the new dwelling will be approximately 7 feet above the finished grade of Diamond Knoll Lane. The proposed dwelling will be set back approximately 180 feet from the front property line. The dwelling will be set back 10 feet from the southerly (side) property line and by 59 feet from the northerly (side) property line. In addition, the gazebo structure is located 40 feet from the southerly (side) property line and 45 feet from the westerly (rear) property line. The minimum setback 2 requirements per Section 22.08.040 have been complied with. The site has access from Derringer Lane. A driveway located along the southerly portion of the property provides access to the 3 -car garage through the porte-cochere. The rear portion of the property will be improved with terraced garden and a gazebo. The total lot coverage of the building footprint is 5,092 square feet. The total lot coverage for areas dedicated to vehicle access (driveways) is 9,485- square feet. The total lot coverage for accessory uses such as the walkways, decks and other miscellaneous impervious areas is approximately 1,000 square feet. The total lot coverage (impervious area) for the subject property is 15,577 square feet. (i.e. 23%). The maximum allowable lot coverage is 30% or (20,386 sq. ft.). The proposed residence is in the Spanish Mediterranean architectural style. The exterior design elements include items such as a porte-cochere, pre -cast columns, clay tile roof, pre -cast trim, and balconies with pre -cast balusters included in the guardrails. The building sections show that the maximum height of the proposed dwelling is 35 feet as measured from the natural grade. The proposed height of the dwelling complies with the provisions of Section 22.08.040 (Residential Zoning District General Development Standards) of the Diamond Bar Municipal Code. TABLE 1: RR — Rural Residential District Development Standards Development Feature RR Zoning District Requirements Proposed Meet Requirements Minimum Lot Area: 1 Acre - (43,560 S.F.) 67,954 S.F. Yes Residential Density:.,.-- 1 Single Family Unit 1 Single Family Unit Yes Setbacks ReqRiIed: Front: 30 Ft. 180 Ft. Yes Sides (each): Street Side: 15 Ft. & 10 Ft. 15 Ft. reversed comer lot; 10 Ft. otherwise. 10 Ft. & 59 Ft. 10 Ft. Yes Yes *Rear: 25 Ft. 145 Ft. Yes Height Limit: 35 Ft. 35 Ft Yes Hillside Development; As required by Chapter 22.22 (Hillside Management). Per Code Yes Landscaping: As required by Chapter 22.24 (Landscaping). — Per Code Yes Parking: 2 in fully enclosed garage. 3 in fully enclosed Yes Parking for Second Unit N/A N/A I. ... N/A Lot Coverage: 30% 1,23%. Yes ® Ordinance 02 (2000) Amendment — Adopted 4/4/UU, Effective 5/4/00 Other City Division's Review The City's Public Works Division and Building and Safety Division reviewed this project. Their recommendations are included in the attached draft resolution. 1 Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that the proposed project is Categorically Exempt in accordance with the CEQA Guidelines. NOTICE OF PUBLIC HEARING: On December 1, 2000, public hearing notices were mailed to approximately 30 property owners within a 500 -foot radius of the project site. On December 1, 2000, notice for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. Furthermore, on December 2, 2000, the project site was posted with a display board. Staff recommends that the Planning Commission approve Development Review No. 2000-15. Findings of Fact and Conditions of Approval as listed within the attached draft resolution. 1. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); 2. The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative 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 accordance with the provisions of the California Environmental Quality Act (CEQA). 4 Prepared by: -------- LDM Associates Contract Planner Attachments: 1. Draft Resolution; I Application; 3. Tree Preservation Statements; 4. Exhibit "A" — site plan, floor plan, plan and colors/materials board; and 5. Black and white rendering. elevations, preliminary grading plan, preliminary landscape 0 A. PLANNING COMMISSION RESOLUTION NO. 2001 -XX A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-15, AND A CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A TWO STORY, 9,471 SQUARE FOOT SINGLE- FAMILY RESIDENCE WITH AN ATTACHED 1,546 SQUARE FOOT THREE -GARAGE AND A 400 SQUARE FOOT GAZEBO ON A VACANT PARCEL. THE PROJECT SITE IS LOCATED AT 1819 DERRINGER LANE (LOT 2, TRACT 24046), DIAMOND BAR, CALIFORNIA. RECITALS. 1. The property owner, Hardip Gill, and applicant Chary Dagam, have filed an application for Development Review No. 2000-15 for property located at 1819 Derringer Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On December 1, 2000, public hearing notices were mailed to approximately 30 property owners within a 500 -foot radius of the project site, and posted in three public places. On December 1, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and the Inland VallaRgily Bulletin newspapers. On December 2, 2000, the project site was posted with a display board. 3. On December 12, 2000, the Planning Commission of the City of Diamond Bar continued the duly noticed public hearing to its regular meeting on January 23, 2001. 4. On January 23, 2001, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the 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 as amended and guidelines 1 , cal promulgated thereunder, pursuant to Section 15303(a). Furthermore, the cate g i exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into. and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on 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 findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a vacant parcel of land created by Tract No. 24046, which is located within a gated community identified as "The Country Estates". The site contains 1.56 net acres of land area. It is rectangular shaped vacant lot, sloping downward from Diamond Knoll Lane to the north at a ratio of approximately 4:1. The property is encumbered with a variety of easements for incidental purposes such as pole lines, utilities, and recreational trails, etc toward the rear. The site has been previously graded; it slopes in a westerly direction and it does not contain any mature trees. (b) The project site has a General Plan land use designation of RR (Rural Residential). (c) The project site has a zoning designation of R-1, 40,000 (Single -Family Residence -Minimal Lot Size- 40,000 Square Feet). (d) Generally, the site is surrounded to the north, south, east and west with R-1, 40,000 zoned property. (e) The application request is to construct a two-story, a 9471 square foot single- family residence with an attached 1546 square foot three car garage and a 400 square foot gazebo. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and the 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). On July 25, 1995, the City adopted its General Plan. The proposed project i� consistent with the General Plan land use designation and complies wit�-the General Plan land use goals, objectives and strategies. Additionally, the proposed project has obtained the approval of "The Country Estates" architectural committee approval. (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. The project site is an existing vacant single-family residential parcel of land surrounded by existing residential development to the east, south and west. The .design and layout of the proposed project would complete and compliment the development of the existing neighborhood. The design and use of the private streets within the project vicinity contemplated the eventual development of the project site. As such, the development in use of the project site will not interfere with.the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through the use of quality materials, texture, and color that will remain aesthetically appealing as defined by the City's design guidelines. The proposed project is consistent with the surrounding development in terms of mass and scale. The design of the proposed project is consistent with the City's design guidelines and existing development within the surrounding neighborhood. The proposed project complies with the minimum setback requirements set forth in the City's Development Code. Access to the proposed project is obtained from a fully developed private street. (i) The proposed development will not be detrimental to the public health, safety or welfare nor will it be materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the requirements of the Building and Safety Division, Public Works Division, and Fire Department. The referenced agencies, through the permit and inspection process, will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. (j) The proposed project has been reviewed for compliance with the provisions of the California Environmental Quality Act (CEQA). 3 Pursuant to Section 15303(a), the City has determined that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to compliance with the following con icons: (a) The project shall substantially conform to site plan, floor plans, elevations, grading plan, landscape/irrigation plan and materials/colors board collectively labeled as Exhibit "A" as submitted and approved by the Planning Commission on January 23, 2001, 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, the 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 be required to submit a final landscape/irrigation plan delineating the type of planting materials color, size, quantity and location, for review and approval by the planning staff. The landscaping and irrigation shall be installed prior to final inspection or the issuance of a Certificate of Occupancy. (d) The landscape plan shall include provisions for the gazebo. Fencing and retaining walls shall comply with the provision of Chapter 22.20 of the City's Development Code (Fences, Hedges and Walls). Retaining walls shall not exceed an exposed height of six feet. (e) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commerciaVinstitutional purposes, or otherwise used in conflict with the City's zoning regulations. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. N ``1 (f) The applicant shall complete and record, on a form to be provided by the City, a "Covenant and Agreement to Maintain a Single Family Residence"._ The covenant must be completed and recorded in the Los Angeles County Recorder's Office prior to the issuance of a building permit. (g) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (h) The Applicant shall provide temporary sanitation facilities while the site is subject to construction activity. (i) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the Building Department'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. 0) Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the City. The preparation of the: site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. (k) - A grading plan review and approval shall be required for cut/fill quantities greater than 50 cubic yards; otherwise a fine grade/drainage plan shall be filed with the City's Engineering Division. (1) A fine grade certification shall be required before building final. (m) . Drainage patterns shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (n) Site, driveway grade, and project design shall be subject to review and approved by the Fire Department. The maximum driveway slope is 15% per the Public Works Division. (o) Due to the site's topography, applicant shall comply with special design requirements as specified in the Uniform Building Code, Section 18.4.3, building setback, top and toe of slopes. (p) The single-family structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. 5 (q) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (r) All balconies shall be designed for 40 pound per square foot live load. (s) Handrails and guardrails shall be designed for 20 -pound load applied laterally at the top of the rail. - (t) The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/a inch nor more than 1/z inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum '/a inch screen. (u) This single-family structure shall meet the State Energy Conservation Standards. (v) All sleeping rooms shall have windows that comply with egress requirements. (w) Smoke detectors shall be provided in conformance with the 1998 California Building Code. (x) Applicant shall make application to the water purveyor as necessary, and shall submit the evidence of their approval to the Planning Division prior to the issuance of building permits. (y) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. Evidence of compliance with this requirement may require a height survey at completion of framing. (z) All utility service to the proposed project shall be installed underground. (aa) This entitlement is valid for two (2) years and shall be exercised (i.e., construction shall commence) within that period or this entitlement shall automatically expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City -,of. Diamond Bar Development Code. (bb) This entitlement 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 the approval date, 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 become effective until the permittee pays any remaining City processing fees. 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: Chary Dagam, 1000 Regal Canyon Drive, Walnut, CA 91789, and Mr. Hardip Gill, 100 Stagecoach Circle, West Covina, CA 91791. APPROVED AND ADOPTED THIS 23rd DAY OF JANUARY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. DUN Steve Nelson, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of January 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 1 y L11 Y UP I A1V1V1`1.0 COMMUNL DEVELOPMENT DEPARTMENT FPL # 21660 E. Copley Drive Suite 190 Deposit S (909)396-5676 Fax (909)861-3117 Rcccrpt# DEVELOPMENT REVIEW APPLICATION By -' • ;r "{ �:,;."•' Date Rec'd Record Owner /Applicant/'} y� Applicant's Agent Name 61''liu2 44A -KD F? Q-Ae ) A - AA (Last name fust) i (Last name `f est)) / (Last name first) Address ��� `�/ 1�1G'► ��i�"Gl� /Art t/l�'' [i�H W ' C\N V T - p nppp P01) /iO —T ,q Phone( �a) 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 scpamte sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that Iiam the owner of the herein described property and permit the applicant to file this request. Signed �(Y �. Date of • � 2- • 9 D (All record owners) Certification.- I, the undersigned, hereby certify under penalty of pedury that the information herein provided is correct to the best of my knowledge. Print Name 6�PA-7" '► ' " \ (Applicant or Agen JASigned law,, Date lAnnlicark or Agent) Location Orw".! g' (Street address or tract and lot number) Zoning _ iiI1M AM'S Previous Cases Pr 13 /S�2.1 Z - Present Use of Site i Use applied for .... j'i,•Ck; GL 1�,�1w�5� �' vt� �� �.,,� � c��-gyp/� t^-t,}�- } regi '' 'VT.rl v t l.Cga! ucS(.-npuur4 kai. v..., ....,� ... .... a _ r- Vl,4rAA) 13A-)K- et'V -r-f Pr - w )2-te,-Y vP6- A ivi 1, V of �1t17-1--- Area devoted to structures' l Landscaping/Open space Project Size l 1 Lot Coverage ! f Proposed densityb N V� ` Ae- l� Style of Architecture 1'i It /ar 1-1 (Units/Acres) Number of Floors Proposed Slope of Roof �:E Grading• If yes, Quantity Gilt Fill Import If yes, Quantity Export If yes, Quantity u TREE PRESERVATION STATEMENT The subject property contains no oak, walnut, sycamore, willow, or naturalized California Pepper trees. [ ] The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. [ ] The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. (Applicant's Si nature; q - 1z -ate (Date) NOTICE OF PUBLIC HEARING PROPOSED NEW SINGLE FAMILY RESIDENCE FOR DEVELOPER'S NAME PHONE NUMBER FOR MORE INFORMATION CONTACT THE CITY OF DIAMOND BAR (909) 3965676 r Please place a detailed Notice of Public Hearing here. You use a copy of the Notice of Public Hearing that is mailed to the surrounding property owners. 4 Font size and.lettering should be proportionate with the size of the sign. Post this sign at the project site at least 10 days before the public hearing. Take pictures of the sign once it is posted at the site. You will need to turn these pictures in to the City. The pictures will be retained as part of the applicant's file. �(E a ���a� *•75 •76 •f f jy o 9i mi�u 1 c4 �6�L � 16 r. + a++o,,►asr ♦ rr0 IY jj �7 ry N,h f{'! I �Q �F/� 11 r. O `` h / ♦ \ / ► 73 30 a+ �;nt wt al > s 8 9 9 ®72 x " �� 7 3B h a. ' M5 9 Seale . r N �" '�'7Mi•.t�� ��� h' rw! 21 `;s " :.7F !"�' 9 ' .~< �� �'�' y �D ♦t 12 `�•a/�.q `"`-�..,�t°i>r tU� " ° •'r r ,>7026 ? 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' t'j9 h.il 111.21 ` ' ' .. _ .. C2 b r • :iO � ,z'0i" z38fo 'n SY—N.Si t♦S9e� r ¢ y ,� �,� roti• zasa� z38ya z� 6 s �, �z� a !� 82 a i _ _ GT _ ti� ,n City of Diamond Bar PROJECT Development Review Exzxr 1 IT No. 2000-15 lay 11 LA -1► 1819 Derringer Ln. Location Map Ti•c, � r �; � {rte .' . 1^ J i "'z„c her ��K�, �.r.. •�, ;. •�J J'ds= '/. .: 6.. 4.�;.rr,'h tip•' :- kI' t H JlSjJ ••.y 1 " � 1 J; �tir' A./ } � Jai`.• �. th, i 'n r = • 'C �t rAi 4 C'>' t•r J,. 3 - C -j 1 ice_ rD XIN tr• y`�, S� J. �3.t ti•J•:,'sJrt�l il:.=_y Q1 V 1t.. r �i. r r ft .y ' . F .' `'�'ac.• �, �� t. { 1, ✓�•.. �. �� �, J^"•' l �1 t r4 .O r • -y t f r � •,kf� L�,� � t'�iit�* „•.r1�f a 1 � [s(r i yA J j s : !eT �-, Ml EI ;tt s ++ t 1 �y ( � r, i♦+igyp � j _�• . p � 5 •a S 3 it y � � 9'.• . \ 3 e • ,�� i j I i I M i C' ,i•1 ���7 •1 � a W �• G 7G•�'T'�'•1 /* ;rteC- L7 77 1 In Ulu F--Nl In I II In is In -wLrw-r Ar •rIp • ^M1 ET 66Li4 n 1: �l•1 'p.^. Wr' ^+'4i +.`X. 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EZ L TI / 1' IR. : c 32 vkv Tj i 1 � 1j11I �I t ,.�I + '^'n i �fi�: � , } � !.� •• � 1 /. - _. : � 1 •, ' � it .. i ' � i €3•• n . ;, ! VL 1 F 1�1L":Vae �'�10t'I✓U-' (�-� HW. GFl •2r� V7 QD•�d� GCtI''"/ ISL. (1l�IJNiisT ilK kl-1L�y. 3 f tt I i 'Y1 Li565 4.4. :%AllYs.�Y • .xML'1'n ' arF+� yra.+tyaraa bigl ... 'OH T11'-? 4a .�W: ' J+YU.Yq. lyi..w :74! LT+M•yj 4. INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Associate Planner, ql/ SUBJECT: Re -roofing of 1557 Meadow Glen Road, Diamond Bar CA DATE: January 18, 2001 On Wednesday, January 17, 2001, it was brought to the City's attention that the garage roof of the subject residence was replaced. As a result, the garage now has agray composition roof and the rest of the residential structure has the original shake shingle roof. Research indicated that the property owner did not obtain a permit for re -roofing. On January 17, 2001, the City's Code Enforcement Officer, Al Flores spoke with the property owner of the subject residence. At that time, the property owner was informed that a re -roofing permit was required and given 30 days to resolve the matter. On January 18, 2001, a correspondence was sent to the property owner confirming the conversation of the day before. Also on January 18, 2001, the property owner called the City's Code Enforcement officer, agreed to obtain the re -roofing permit and plans to obtain a permit to re - roof the whole residential structure. The City's Development Code does not specify that re -roofing of a structure be completed in its entirety. The City's Design Guidelines recommends that a roof consist of materials and colors that blend with the natural environment. Bright or reflective colors and materials should be avoided. It has been the City's policy that when re -roofing a portion of the structure all new materials matched existing. However, in order to accommodate a resident due to financial hardship, the City has allowed phasing of a re -roofing project, thereby having the project completed within six months to one year. Attachment: Correspondence from the City of Diamond Bar dated January 18, 2001 Robert S. Huff Mayor Carol Herrera Mayor Pro Tem Eileen R. Ansad Council Member Wen Chang Council Member Deborah H. O'Connor Council Member Recvded paper 1. 1; A 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177 (909) 860-2489 Fax (909) 861-311; www.CitvofDiamondBar.com January 18, 2001 Case -No. -1 -003 -- Marcia Wall 1557 Meadow Glen Road Diamond Bar, CA 91765-3026 Re: 1557 Meadow Glen Road, Diamond Bar, CA Dear Resident: This letter*confirms our conversation on January 17, 2001. To reiterate, you recently re -roofed your residence without a City building permit, which is required. You have 30 days from the date of our conversation on January 17, 2001, to obtain permits from the City of Diamond Bar Building & Safety Division to resolve this -matter. The City appreciates your cooperation. As a resident of Diamond Bar, we encourage you to participate in maintaining the safety and integrity.of the City. Should you have any questions, please contact me at (909) 396-5676 ext.. 251. in e Al or Code Enforcement Officer cc: James DeStefano, Interim City Manager AF:sm no u 2 -R 0Z, Z, 1 R. u 0 C14 z z z V) En V) CN u w u LIJ u O 0 cn 0 N z C-4 Aa u � z V) z 0 cq z 00 0 a 0 0 0a U vi oa tr) C24 C14 R \0 C? m Q) C) 0 0 C) C) 0 0 0 0 0 0 a s eq H A O cz u zz o a z Cl)FH UU u z E 0 U C14C- �c ;- 0 00 00 00 eq CD 0 It — 0 "I C) �o 00 czz i th cr- d 0 0 W E V) CN 0 ctsW U Q, zz 00 , -04 > U u 0 z C� C14 C) R C1 (:? 4 ,t (RC) — o 0 0 CD o 0 0 0 C) C:) 00 0 0 C cz U C) 0 cl ti rA U U c a u* 40- 0 o4 C2 ne W1:4 0 0 U u U 0 u E'- z 0-4 z z 0 U3 w d z .2 no u 2 -R 0Z, Z, 1 R. off •. CL X z z z V) En V) u w u LIJ u O 0 0 0 z C-4 Aa u z V) z 0 z 00 0 a 0 0 vi N tr) C24 C14 R \0 C? m Q) C) 0 0 C) C) 0 0 0 0 0 W NO U eq C14 > u u Cl)FH u z E 0 U CO -6 OA a a o o 4) C7 Z C) V) V) czz i th cr- d 0 0 W E V) z 0-4 0 ctsW U Q, zz 00 , -04 > U u 0 z off •. CL X to fn cJ U 0 0 0 0 N NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. January 16, 2001 CCCLUTE ENTERPRISES 21217 FOUNTAIN SPRINGS RD. DIAMOND BAR, CA 91765 PHN 909-595-1827 FAX 909-595-1827 e-mail — City of Diamond Bar 21660 Copley Drive, Suite 190 Diamond Bar, Ca. 91765 To: Community and Development Services, Planning Division RE: C.U.P #2000-02 at 21400 Pathfinder Road, Diamond Bar High School The following concerns are with regard to the proposed installation of a Telecommunications Facility, by Metricom, on the property of the Diamond Bar High School. The aspects, which concern the residents within close proximity to the site, are outlined below for discussion. I. Designed Functionality and Co -location Alternatives: A) Drawings indicate no array in the direction of the freeway, northwest. If the intent of the use is more commercial and residential then commuter; then is there a more suitable site? What is the intended functional use of this facility? B) Multiple telecommunication facilities exist within the same site area. Are any of these existing locations suitable for such an installation? (Clock Tower, High School Gymnasium, High School Field Press Box/Bleachers, other school facility buildings) C) Alternative locations at existing commercial zoned buildings. (West of Pathfinder and 57 Freeway) D) Alternative 'masking' or camouflaging techniques that could be incorporated. The antennae are in the normal landscape view of the neighborhood residents. Structural Engineering and Design: A) Drawings indicate three arrays, with an odd or uneven configuration. Will there be the need for a 'fourth' array to the northwest? B) Is this uneven configuration calculated into any engineering design analysis for the existing monopole? Is the possible fourth array calculated into any engineering design analysis? C) Proposed antennae arrays are substantially larger in area and mass then the existing antenna arrays? Is a 'four array' configuration being used in the calculation for 'wind - load' analysis. D) Will the proposed equipment cabinet have a self-contained cooling unit? What is the expected sound level of this unit? E) How does this equipment cabinet compare in size to other similar installations and does there exist the opportunity to enlarge this equipment cabinet in the future, as demand increases? Does this cabinet allow for expandability within its proposed dimensions and power requirements? January 16, 2001 Ill. Utilities Installation A) Drawings do not indicate existing utility conduit lines or the existing utility pedestals at the proposed public utilities connection. Proposed pedestal/meter location will, in all likelihood be denied by the Edison for access reasons; as with the other facilities at this site. (See: Monopole Site Plan) B) Co -location should be considered at one of the existing utility pedestals. The existing Nextel utility pedestal is thought to have the capability of a second electricity meter and telephone line. C) Drawings do not indicate existing sprinkler lines, which parallel the property line, adjacent to and below the site along slopes. (See: Monopole Site Plan) IV. Landscape Plan A) Drawings do not accurately indicate the existing landscape (trees) that are in the path of the proposed underground utility trench. Most of these trees were recently planted as part of the Nextel facility installation. '(Carrotwood and Eucalyptus) B) Drawings do not indicate the existing ground cover (Honeysuckle) that was also planted by the school district, from funds obtained from the Nextel facility installation. C) All existing landscape should be noted with full and immediate replacement, including ground cover. All sprinkler damage should be noted as being the contractors' responsibility to repair, immediately; along with notification of the appropriate School District personnel. D) The unimproved area adjoining the existing service road, cul-de-sac should be .included into the landscape plan. This would allow for a much-needed aesthetic improvement to the area of joint ownership. (Walnut Valley Water I Walnut Valley School District) This area has long been an eye sore to the neighborhood, as is the rest of Brea Canyon Blvd south of this location. E) Continuation of the existing fence screening material from the southwest corner to the second perpendicular fence of the equipment site; installed along the west property fence. (approximately 12 sections of fence or 100') Sincerely, Craig C. Clute UliliiUl 11:23 PAA btbU533U4.9 Yuri \Netri om\Diew A Ber\New CD\IOONEO76AI4.drg Tue Jan.09 IT 05:11 2001 DAUTEN R� •R Qp� q�q�R SOL ` a n Z Cllu iv�°i �• U1/ ZZ/ U1 11 : 1Z PAA 616JJJJU40 1111 4pJ UUli UUP r the global let t er IN TELECO Vl1 t7uTSOURCING 101 S. First Sti eet, Suite 202 Burbank, CA' 1502 (818) 953-3040 (818) 953-3049 Fax FACSIMILE TRANSMITTAL TO: FAX: FROM: DATE: 1/21 RE: PAGES: —2 - Message: PAvL,- 't7-' ~ ,4 ; f S" -C -&JI-` -7 1S ",3,7 �Uj5(j�(��- -%jLis ( J 1. Januay 19 2001 TDePL of B. dg. & Safety City of: M. Mond Bar 21400 Pad fwder Road Diammd 1 er, CA Re: Spectr LSite-Verizon Tower CA -5220 Address; Deaf' Sir. This is to E dvise you that Speetra%te Communications, Inc., n)Ana,xig wireless eoxr>I1nuliicatiom sites on be calf of Verizon Wireless conducted a structural analysis for the above refeitied site. The results of t ze study as conducted by Engineer, Mr. Abdol Messih, see attached letter, refleat9 that the propos .d improvement to the tower Le addition and attachment of a screen, will xuot be feasible or d the tower will not meat the requirements of TIA/TiA,-222 F with the screen mounted on the top, We would very much appreciate City's concern and assistance to allow ,SpvctraSite Conunuri Cations Inc. to proceed without adding any additional load on the tower, Sincerely, Harty Hai bbani Senior Co .istruction Manager SpactraSP a Cor=unications Southern "alifomia cc, NO. 559370 Exp. wall -al \`CIVIL < or Direatar ofagine4-'nng Spcatr� eSiie Gamn'unicaciana, Inc_ www.SpecirBSite.com = itt Avenue S . Settle, COA99108 - TeI 20066.000 . Pax 206.76a6710 CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDA-VIT-,OF -POSTIN SIN ,.,. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On January 23, 2001, at 7:00 P.M., the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. 1, Stella Marquez, declare as follows: I am employed by the City of DiMd Bar, Community and Development Services Department. On January _19,200V- I p'okeq]!Wes of the Notice for the Regular Meeting of the Diamond Bar Planni ', ;&sfofi,,toby JliaWabn January 23, 2001, at the following location: fag � �� ' ' City Hall South Coast Quality Management District Auditorium 21660 E. Copley Drive 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on January 22, 2001, at Diamond Bar, California. Stella Marquez Community and Development Services Dept. gA\affidavitposfing.doc ins end is ready for v and is heady f®r c ®n y City Ciet�