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HomeMy WebLinkAbout11/26/1990 (4)AGENDA CITY OF DIAMOND BAR PLANNING COMMISSION WALNUT VALLEY UNIFIED SCHOOL DISTRICT BOARD MEETING ROOM 880 SOUTH LEMON STREET WALNUT, CA November 26, 1990 7:00 P.M. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: I. 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. Generally, items to be discussed are those which do not appear on this agenda. II. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 1. Minutes of the October 22, 1990 Meeting III. OLD BUSINESS: 1. Consideration of a Resolution of Denial for a Variance 90-0101: A request for approval of a three story single family residence in excess of 35 feet above aver- age finished grade and environmental determina- tion, Lot 5 is located at 1741 Derringer Lane. Applicant Pete Volbeda PLANNING COMMISSION AGENDA Page Two November 26, 1990 IV. NEW BUSINESS: 1. Development Code Status Report Verbal presentation to be made by the Director of Planning 2. Sign Ordinance Status Report Additional input from staff and the City Attorney is required. Verbal presentation to be made by the Director of Planning. 3. Status Report on the Significant Ecological Area Technical Advisory Committee (SEATAC) V. PUBLIC HEARING ITEMS: 1. Environmental Assessment and Conditional Use Per- mit 90-0109 This application is requested to locate a mobile telephone repeater station in a public station facility and a sixty foot monopole on site. Applicant: L. A. Cellular Location: 275 South Prospector's Road 2. Extension for an Extension of Time on CUP 1634- (1), as th2 current permit expires on 11/26/90. Applicant: Evangelical Free Church Location: 3255 South Diamond Bar Boulevard VI. ANNOUNCEMENTS: 1. Planning Commissioners 2. Staff VII. ADJOURNMENT: CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT CALENDAR: OLD BUSINESS: CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION OCTOBER 22, 1990 Chairman Schey called the meeting to order at 7:00 p.m. in the Walnut Valley School District Board Meeting Room, 880 South Lemon Street, Walnut, California. The audience was led in the Pledge of Allegiance by Vice Chairman Harmony. Commissioner Grothe, Commissioner Lin, Commissioner Mac - Bride, Vice Chairman Harmony, and Chairman Schey. Also present were Planning Director James Destefano, Associate Planning Director Robert Searcy, City Attorney Bill Curley, Interim City Planner Irwin Kaplan, Assis- tant City Engineer Jack Istik, and Secretary (contract) Liz Myers. Motion made by VC/Harmony, and seconded by C/Grothe and CARRIED UNANIMOUSLY to approve the Consent Calendar and the minutes of October 8, 1990. Consideration Staff reported the Resolution for Denial, before the Resolution of Commission, had been prepared, by staff and the City Denial for Attorney's office, in compliance with the conclusion of 47722 & CUP/OT the October 8, 1990 Public Hearing. The Resolution 89-338. had been faxed to the developer, and the developer's environmental consultant, and is presented for adoption tonight. Motion made by VC/Harmony, seconded by C/MacBride to adopt the Resolution for Denial. Motion CARRIED with C/Grothe abstaining. NEW BUSINESS: Request for Staff reported the property is located along the north Extension of side of Clear Creek Canyon Drive generally between Tentative Tract Cleghorn Drive and Monument Drive. The project consists 45678 & CUP/OT of ten (10) lots located on two (2) acres, nine (9) 87-373 lots proposed for single family residential development, and lot ten (10) proposed as open space. The project received a conditional approval from Los Angeles County on March 22, 1988. The tentative tract map, conditional use permit and Oak tree permits expired on March 22, 1990. The final tract map was presented for approval by the City Council on February 20, 1990, in which the ap- plicant had responded to a variety of project condi- tions, but failed to clear the CC&Rs with the City At- torney. As a result, the map was denied by the City Council. Subsequently, the applicant had requested an extension of time on February 26, 1990, but, as of this date, the map has not gone before the City Council for a final review because the CC&Rs remain an issue. Staff October 22, 1990 Page 2 recommended the Planning Commission deny the request for an extension. Chair/Schey asked staff to clarify if the primary issue before the Commission is the failure of the applicant to comply with the CC&Rs over the years. Bill Curley, City Attorney, stated the CC&Rs have been received by the office but not reviewed because of the assumption the map had terminated on its own accord. He stated if the Commission should decide to extend the map, then the documents will be given a full review. Chair/Schey inquired how the subdivision conforms with the present criteria. James DeStefano, Planning Director, stated a lot averag- ing process was used to obtain the 8,000 sq* ft. minimum requirement of the County, which the City no longer ad- vocates. He stated, other than this major issue, the map would probably meet all current standards within the zone. C/MacBride asked if there are unique features to the CC&Rs in the area. Bill Curley responded the primary issue is the slope maintenance of the undevelopable areas of each of the lots, and the maintenance of the common areas. VC/Harmony asked if there is access to the open space. Jack Istik, Assistant City Engineer, responded there is an easement, showing, across a portion of lot nine (9). Chair/Schey asked the applicant to respond. Mr. Prescott, clerk to Dr. Omar's attorney, stated, in July of 1990, staff requested the applicant change three (3) words on the map and draw one line representing the slope crest. The applicant complied and received verbal approval from staff. He stated the CC&Rs were prepared and submitted mid -March, but the dates for the City Council review were never honored due to various circum- stances. The CC&Rs do provide care of the slopes by the homeowners. He stated the applicant will do modifica- tions, at the Commissions request, but believed the doc- uments, as presented, should satisfy the City require- ments. He asserted the delays were not due to the ap- plicant's failure, but the organizational process of the City. Chair/Schey inquired as to why the tentative tract map had never been recorded since the subdivision had con- ditions of approval since 1987. October 22, 1990 Page 3 Mr. Prescott noted his inability to speak for that peri- od of time, but stated it was his understanding the map was recorded since the grant of title to the homeowners association was submitted March 15, 1990 and the tract reference was accepted. Bill Curley explained, when the CC&Rs were submitted March 15, 1990, staff made a full inquiry into the sta- tus of the map because the tentative map had not been approved nor recorded. Staff researched dates and tim- ing. There was no indication by the City Clerk's office that the Council had granted an extension but showed the request was denied for final approval because of non- compliance. In referencing back to the records of the Council, it indicated the map, for all intent and pur- poses, expired on its own accord. However, staff s fol- low up inquiry identified there had an assertion and a request for extension submitted by the applicant. Mrs. Omar stated the project was approved by the County except for the CC&Rs. They have tried to comply, and had provided staff with the CC&Rs in March of 1990. She stated they have put in a lot of time, money, and effort and requested an extension. VC/Harmony asked if the changes in the CC&Rs have met with Council's criteria. Bill Curley replied staff has not scrutinized the map because it appeared to have expired. He stated it would not take long to review the status of the CC&Rs, if the Commission decides to grant an extension of the map. James Destefano stated, generally speaking, it meets all of the requirements because the requirements are prin- cipally the same as they were with the County. The phi- losophy is different concerning Oak trees and lot aver- aging. The Oak tree setback has not been determined because homes are not placed on the site. Jack Istik stated, even though the map meets the County's conditions of approval, he is concerned with the buildability of lots 7, 8, and 9 because of the small pad area by a large downhill slope. Chair/Schey asked if grading plans had been submitted by the applicant. Staff responded that only the tract map had been submit- ted. Chair/Schey asked if the applicant is permitted to modi- fy the canyon. October 22, 1990 ESL' Mr. Prescott stated, in the CC&Rs, the applicant agreed it will maintain the slope in the low land, in the orig- inal condition. He stated contemplation of grading will be minimal and the applicant will build on the flat land. Jack Istik asked the applicant if the developer would be willing to place a note on the final map indicating a restrictive use area, not permitting grading. Mr. Prescott indicated he is reasonably sure the appli- cant would be agreeable to such an action. VC/Harmony asked what the CC&Rs requirements are, for the changing of their own CC&Rs. Mr. Prescott stated with two thirds (2/3) vote, the CC&Rs can be modified but the applicant has covenanted not to and would have to obtain the Commission's approv- al. C/MacBride stated he would remain uncomfortable until the CC&Rs are carefully reviewed. The matter of open space, and covenants, is very important in view of fu- ture maintenance, proposed transfers and other transfers that may occur. He is uncomfortable with the lot aver- aging and would prefer further information to be pre- sented. Bill Curley reiterated the reason the final map had been denied was because of nonconformance. Should an exten- sion be granted, the map would not come back to the Com- mission. He expressed, if the intent is to receive more information to assure the map conforms with the current design standards, an extension would not give the Com- mission an opportunity to place new conditions upon it, but rather allow the applicant more time to gather in- complete items to present to the Council. He stated the matter is out of the Commission's hands to put any new conditions or requirements on this issue. C/Lin inquired if the frontage of the homes would be narrow because the pads are small. Staff, without viewing the area, speculated the frontage would be consistent to the rest of the neighborhood. Ernie Delray, manager of the property across the street from the site, stated the neighborhood consists of con- dominiums with homes above the site. C/Grothe inquired if the Commission's action would go before the Council. Bill Curley stated if the Commission does not grant an extension, the applicant could appeal before the Coun- cil. If the Commission approves the extension, the ap- October 22, 1990 Page 5 plicant could make the appropriate changes before going before the Council. The merits of the project are as described in the resolutions originally issued by the County. The question before the Commission is whether or not to grant an extension of time. Chair/Schey stated the project is a simple subdivision that should have been recorded before Diamond Bar became a City. Since it was not recorded, and is now subjected to expiration, the Commission has the obligation to re- view the map. He does not believe the map meets the current City standards, and would make a motion to deny the request for extension. VC/Harmony stated he is not convinced the lots are buildable. He contended there is an element of dual diligence, on staff and the applicant, to assure the process is administered appropriately. Motion was made by Chair/Schey and seconded by Vice- C/Harmony and CARRIED UNANIMOUSLY to deny the request £or extension. Review and Staff reported the City Council has scheduled a joint Comment on study session for Tuesday, November 13, 1990, at 6:00 Draft CIP p.m. to review the initial draft of the Capital Improve- ment Program (CIP) and explain the roles and responsi- bilities of each Commission. The Planning Commission's comments, relative to specific projects, will be forwar- ded, to the City Council, for their consideration and prioritizing of the projects. Staff explained the CIP is a master plan, for the next five (5) years, to plan the allocation of the City's financial and land resourc- es. The CIP would deal with plans for constructing, repairing and maintaining the city's parks, buildings, streets, and other assets, and is funded through a vari- ety of mechanisms. Staff requested comments from the Commissioners, relative to the CIP. I C/MacBride had concerns with three (3) items: 1. Street Improvements Project: Modification of western terminus of Sunset Crossing Road including possible extension into City of Industry. He was concerned the language, "possible extension into City of Industry", extends verbal leverage to outside bodies, and would like to have the wording eliminated. He would rather have the language in- serted, "... we make plans to develop a connector link between the two (2) recreational parcels so they can be more advantageously used for the bene- fit of the community." October 22, 1990 Page 6 2. Municipal Buildings and Facilities Project: City Hall/Community Center He encouraged describing the center to indicate the possibility of a multi -faceted Civic Center. 3. Traffic Control A new project to be included: Diamond Bar Blvd. Sunset Crossing North to Freeway 57 on -ramp (dis- tance approximately 750 feet), to include medians for traffic control and aesthetics. He explained this section of Diamond Bar Blvd. is a part of the state freeway 57 system, and is tem- porarily signed to connect the 57 and 60. He stated the on -ramp has (5) traffic movements. The painted median safeguards (8) commercial drive- ways, (3) fast food centers, (3) street exits and entrances, (3) fire plugs and (2) bus stops. He requested the project be included in the CIP and requested research as to the occurrence of the situation. C/Grothe was concerned with items: 1. He advocated separating the project City Hall/Com- munity Center and recommended expending money to- wards City improvements first and continue leasing office space for City Hall. 2. Landscaping and Irrigation Project: Correct widespread deficiencies of sidewalks, curbs, and gutters. He recommended adding street lighting to the pro- ject. He stressed avoiding capital improvements that would leave "holes" of unimproved areas with- in thei City. 3. He stated additional areas in need of capital im- provement are on Golden Springs, Diamond Bar Blvd. at Lorbeer, and Diamond Bar Blvd. in front of the triplexes. He explained there have been center median improvements, but the smaller asphalt medi- ans, separating Diamond Bar Blvd. from frontage streets, have been neglected. Chair/Schey referred to the items: 1. Street Improvements Project: Resurface Golden Springs Road from Grand Avenue to Brea Canyon Road. He requested adding the insulation of proper curb, gutter, and sidewalk along the north side of Gold- en Springs. October 22, 1990 Page 7 Traffic Control Project: Construction of bus turnouts along regu- larly traveled bus routes. He questioned the necessity of the project. He stated the County recently did substantial con- creting of pads at bus stops, and, in most cases, there is no room to widen roads, nor a need to. Traffic Control Project: Construction of circulation barrier to deter traffic using Quail Summit Drive and Rolling Drive as an alternate access between Diamond Bar Blvd. and Grand Avenue. He realized the area is of concern to the resi- dents but questioned the action as an appropriate method of controlling an undetermined problem. Electrical Systems Project: Underground installation of electrical components along Diamond Bar Boulevard, removing unsightly overhead wires. He urged the inclusion of underground wires beyond Sunset Crossing to extend toward the City limits. 5. Parks and Recreation Project: Replacement of obsolete and/or damaged playground equipment at Heritage and Sycamore Can- yon Parks. He requested the project be expanded to all City parks. He noted (4) small parks he felt should be recognized, located at Softwind and Stardust, Longview east of Brookwood, Longview near Summit Ridge, and Longview near Cold Springs Court. 6. He concurred with C/Grothe on the necessity of including street lighting when correcting side- walk, curbs, and gutters. C/Harmony discussed the items: He concurred with C/MacBride that extending Sunset Crossing into the City of Industry would be unde- sirable. He emphasized the City of Industry is a light industrial center to be wedged between two (2) major residential cities, creating undesirable environmental impacts, too close to Diamond Bar's recreational facilities. 2. He cautioned the improvement of public facilities, as they relate to our boundaries, can facilitate or complicate development outside the City of Dia- mond Bar, within our well-defined sphere of influ- ence. He advised waiting on improvements until October 22, 1990 Page 8 future developers offer assurance of annexing with the City, allowing the capability to regulate the kind of developments to occur in the area. 3. He stated, in reference to a Community Center, it should be encouraged to obtain centralized land to house all community needs. He stated rent for the Commission and the consultants, at City Hall, to- tals $120,000 a year, and he would prefer to up- grade the old Post Office site, on a temporary lease basis for five to ten (5-10) years, before buying another parcel of land strictly for City governmental use. 4. He requested from staff a report on the sources available to obtain additional grants and funding, other than taxes, and staff's opinion as to the best possibilities of capturing these dollars. C/Lin was concerned with the item: 1. Sewer and Storm Drain Systems Project: Upgrading of existing sewer pump sta- tions throughout the City. She inquired as to the amount of stations current- ly servicing the City, and the urgency of the pro- ject. Jack Istik responded there are five (5) sewer pump stations the County is in the process of redesign- ing because of breaking mains. There is a chance, due to the Health Department requirements, the City is bound to repair them. However, the Los Angeles County of Public Works has not yet ap- proached the City with costs. PUBLICIHEARING ITEMS: Variance 90-101. Staff reported the environmental assessment and variance is an application for the construction of an approximately 6,300 sq. ft., three story, sin- gle family residence, in excess of 35' above aver- age finished grade, on a .9 acre lot, and located at 1741 Derringer Road, in a zone R-1-40,000, of the Country Estates. Robert Searcy, Associate Planning Director, re- ported the rectangular site is one (1) acre in size, but the buildable area is limited due to the topography of the lot. The design of the resi- dence is a typical pad type design, being proposed for a parcel with slopes in excess of 50 percent. The lot possesses 151 feet of frontage and the average lot depth is 468 feet. The lot slopes from south to north and a ravine traverses the October 22, 1990 Page 9 rear portion of the property sloping to the east. The property is covered by natural grasses and a stand of trees is located to the rear of the site. A retaining wall and stilts must be constructed in order for the pad and structure to be completed as designed. The structure will reach in excess of 40 feet above the average finished grade, and an additional 15 feet of the structure will be visi- ble from the western elevation. From the eastern elevation, the residence will have the appearance of a one floor structure. The initial application was submitted to the Los Angeles County Regional Planning, at which time it was denied. The appli- cant waited, until the City took over the planning functions, to file a plot plan. The application was denied by staff because the design did not conform to the height limits. The applicant is now appealing the denial in the form of this vari- ance application. Staff recommended denial of the environmental assessment and variance. Chair/Schey declared the Public Hearing open. Pete Volbeda, architect for the project, residing at 630 Brea Canyon Road, Walnut, stated the lot is one of few, along Derringer, that has no pad, and in which the site drops straight down from the asphalt pavement. The home cannot be designed like the adjacent residents. To design the house more closely to the natural terrain, in which a road is taken down at 150, would be an expensive alternative to the applicant. The applicant is asking for a six foot, two inch (6' 211) variance above the allowable height, and stated there are other homes in the Country, meeting the exact height the applicant is now proposing. He main- tained the Country is running out of flat lots and the Commission will be seeing more requests for variances in the future. He urged the Commission to view the variance as a hardship claim. VC/Harmony acknowledged the Country is running out of developable lots, many at the edge of cliffs requiring inventiveness in development. He does not perceive this to be enough reason to justify a hardship claim. Pete Volbeda stressed, at the time the applicant submitted the plan, the County standards allowed measuring from the average finished grade to the mid point of the highest gable, and now the City determines the height to the top of the ridge. VC/Harmony pointed out the City adopted County standards after the County had made the modifica- tions. October 22, 1990 Page 10 Chair/Schey noted the applicant's design had not conformed to County standards, and was thereby denied. Vigal Vakil, owner of the house, stated several homes are being built in the Country the same size or higher. He stated the plan is the only afford- able design he can build, and asked for relief, from the Commission, to allow the height differ- ence. Chair/Schey declared the Public Hearing closed. C/Grothe suggested adopting standards, specifical- ly for the Country, to fit desired ridge home de- velopments, as opposed to encouraging more grad- ing, to achieve flat lands, to meet present City standards. He would like to allow for some imagi- nation, and asserted if 90% of homes would not comply to the standards, then the Commission should reevaluate those standards. Chair/Schey commented it was typical of the County to grant very lenient interpretations of the codes, as is evident in the Country. He asserted the standards are not wrong, but rather there has been a lack of consistency, giving the idea any design will be approved. He stated there must be a minimum standard, at some point, and he did not feel the standards pose any undue restrictions. VC/Harmony asked what would result, if the appli- cation was made to comply to City standards. Staff believed it possible to redesign the house to utilize more of the slope by changing the ele- vation of the floors. Another alternative would be to redesign the roof, to lower the height. I C/Grothe concurred there should be a minimum stan- dard. However, he felt the standard was written for flat land development, and did not make rea- sonable provisions for hilltop development. He directed staff to survey the amount of homes not complying with the current standards. VC/Harmony believed more than 70% of homes, in the Country, comply with the current standard. The lots remaining are the most difficult to develop, and the homes are becoming more massive. To pro- tect the specialized zoning of the Country, the standard must be maintained. Chair/Schey stated surveying homes, would only de- monstrate the amount of variances permitted. It would not demonstrate if complying to the stan- dards was achievable. He asserted, in some cases, October 22, 1990 Page 11 a variance would be appropriate, but he was not convinced there are extenuating circumstances in this particular variance. He is not convinced the current standard is unreasonable. C/Lin concurred with the necessity of maintaining a minimum standard, but agreed with C/Grothe to allow changes to height requirement to accommodate some of the more difficult to develop lots remain- ing in the Country. She would consider a variance in the present case, since the house was designed years ago, but in the future, she proposed revis- ing the current standards to allow for the unique circumstances of the remaining lots. VC/Harmony asserted the revised standards the County effected, were developed with the Country in mind, to prevent the massive structures being developed. Motion was made by C/Grothe, and seconded by C/ MacBride, to deny the application for an environ- mental assessment and variance. MOTION CARRIED. 4 AYES - C/Grothe, C/MacBride, VC/Harmony, and Chair/Schey. 1 NAY - C/Lin Chair/Schey stated surveying homes, to determine the need of creating a new ordinance to accommo- date the development in the Country, would require a lot of work for a small remaining portion of undeveloped lots. C/MacBride concurred the existing regulation is reasonable, and regardless of the requirements determined, there will always be applications for variances to the rule. I C/Grothe mentioned, besides the issue of height, he is concerned with sideyard setbacks in relation to the size of homes. Chair/Schey stated crafting an ordinance to meet all contingencies and potential issues would be impossible. The only way to mediate these issues would be through a design review. James DeStefano suggested an alternative, to look- ing at a large variety of houses, to determine average height, would be for the Commissioners to pin point homes appealing in bulk and mass. Staff can do a comparative research on the homes to help establish standards. October 22, 1990 Page 12 ANNOUNCEMENTS: VC/Harmony announced that on Saturday, he has an appointment with the Fire Chief of Los Angeles County to determine if fire trucks can climb a 15% grade, after turning around on a cul-de-sac, at the Gold Rush development. He stated if the meet- ing becomes something of interest, perhaps it could be arranged for the Commission to ride on the fire truck. C/Grothe declared Gold Rush is impossible to exit since the new home development. C/MacBride stated he will be unable to attend the November 13, 1990 study session. Staff explained the study session of November 13, 1990 will commence at 3:00 p.m. to review the In- terim Ordinance for Hillside Regulations and the Interim ordinance for Commercial Manufacturing Land Uses. The Council has arranged to meet with the other Commissions, at 6:00 p.m., to discuss, specifically, the CIP. Staff, in response to the inquiry from C/MacBride, stated the Sign Ordinance will be presented for the Commission's review on the meeting of November 261 1990 and will be delivered in the Commission's packets on November 16, 1990. ADJOURNMENT: Motion was made by VC/Harmony, seconded by C/ MacBride and CARRIED UNANIMOUSLY to adjourn the meeting at 9:42 p.m. David Schey Chairman Attest: James DeStefano Secretary/Planning Commission STAFF REPORT DATE: OCTOBER 18, 1990 i TO: Chairman and Members of the Planning Commission FROM: James DeStefano, Planning Director SUBJECT: ENVIRONMENTAL An application ASSESSMENT for the construction AND VARIANCE of 90-0101: an approximately single family 6,300 square residence (SFR) foot, in three excess story, of 35' above average finished grade (AFG), on a .9 acre lot located 40.000 at of The 1741 Derringer Country Estates. Road, In a Zone R-1- APPLICANT: Pete Volbeda 630 Brea Canyon Rd. Walnut, Ca. 91789 I. PROJECT AND SITE DESCRIPTION: A. REQUESTED Issuance ACTION: ofi a Negative Declaration and approval of a Variance to allow the construction of a SFR in excess of 35' above AFG and to exceed the two floor structural height restriction. B. SURROUNDING LAND USE AND ZONING: NORTH - Zone R-1-40,000 Vacant land, steep slope in excess of a 2:1 incline. SOUTH - Zone R-1-4b,000 Single family residences EAST - Zone R-1-40,000 Single family residence. WEST - Zone R-1-40,000 Single family residence. C. COMMUNITY PLAN DESIGNATION: Project Site: Nonurban North - Nonurban South - Nonurban East- Nonurban West - Nonurban D. SITE CHARACTERISTICS: The rectangular site is approximately one (1) acre in to size. the topography The net buildable of the area lot. is The lot very limited drops due from the street at an average 2:1 ratio and ranges from 1.5:1 to 2.5:1. The lot possess 151 feet of frontage and the average lot depth is 468 feet. The at slopes from south to north and a ravine traverses the rear portion of the property sloping to the east. The'property is covered by natural grasses and a stand of trees are located to the rear of the site and are not designated for any type of disturbance during proposed construction. Ii. ANALYSIS: A. General: The application Is to construct a 6,300 square foot SFR on a lot that requires considerable grading in order to create a pad for a residence of this size. Use of retaining walls will be necessary at each elevation in order for the pad to be created and stabilized. The design of the residence is a typical pad type design that is being proposed for a parcel with slopes in excess of 50 percent. A retaining wail and stilts must be constructed In order for the pad and structure to be completed as designed. The structure will reach in excess of 40 feet above the average finished grade and an additional 15 feet of the structure will be visible from the western elevation. From the eastern elevation, the residence will have the appearance of a one floor structure. The initial plot plan review for this site was performed by Los Angeles County Regional Planning. The application wap submitted with a letter acknowledging that the project would be denied because the designed height exceeded code allowances. The applicant was notified that the submitted design was denied and that the variance was the appropriate appeal mechanism. The applicant failed to appeal the County's denial and filed a plot plan with the City subsequent the City taking over planning services. This new application was denied by staff because the design once again did not conform to the height limits. The applicant is now appealing that denial in the form of this variance application. B. Concerns: Compliance with development standards and goals of the proposed General Plan, esthetics and compatibility with surrounding land uses. Compliance to development standards/General Plan: The current code does not allow for the construction of a residence in Zone R-1 to exceed two (2) floors and a cellar or one floor above a basement. The standards which are currently being drafted in the City's new development code would allow for a two floor residence with the height limited to 30 feet. The residence, with the current design, would not conform to this height standard either. Compatibility: The proposed residence is similar to other residences in The Country. In the past, many projects were approved through Los Angeles County Regional Planning that would not be approved under current interpretations of the zoning ordinance. This residence exceeds the 35 feet height and two story structural limitations. Although the site averages 50 percent slope, the necessity for the design of the structure is predicated on the desire of the applicant. A residence similar to adjacent residences could be designed for this site. Additionally, a design that steps the residence to follow the natural terrain more closely is another alternative. The design submitted for review is more massive and seeks to implement a design that is not consistent with the existing adjacent residences. In the immediate vicinity of the proposed project, there are no residences that exceed the requirements of the zoning ordinance. All the residences in the vicinity are two floors or two floors and a cellar. The project is a low intensity use that will generate heavy equipment traffic during the construction phase of the project. The construction equipment is limited to hours of operation between hours of 7:00 am to 6:00 pm. The proposed project will create sound exceeding the current levels, but only during the construction phase of the project. III. FINDINGS OF FACT: 1. That because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code does not deprive the property of the privileges enjoyed by other property in the vicinity and under identical zoning classification; and 2. That the adjustment authorized will constitute a grant of special privilege Inconsistent with the limitations placed upon other properties in the vicinity and zone in which the property is situated; and 3. That strict application ofi zoning regulations as they apply to such property will not result in practical difficulties or unnecessary hardships inconsistent with the general purpose oT such regulations and standards; and ' 4. That such adjustment will the public health, safety or use, enjoyment or valuation located in the vicinity. IV. PUBLIC HEARING NOTICE: be materially detrimental to general welfare, or to the of property of other persons This item has been advertised in the San Gabriel Tribune and Progress Bulletin newspapers as a public hearing. Notices have been sent to property owners within a 700 fioot radius of project site. V. RECOMMENDATION: The planning stafif recommends denial of the variance application based on noncompliance with the nonconformity zoning ordinance, to surrounding development residences. standards, and VAR o' of o 1 CITY OF DIAMOND BAR�� DEPARTMENT OF PLANNING ZONING AND SUBDIVISION APPLICATION DEPARTMENT OF PLANNING (714) 860-3195 The following information is necessary for the review of ALL applications. Failure to furnish information will delay action. Attach extra sheets it necessary. Please read instructions carefully. R ECORO OWNER(S) APPLICANT APPLICANT'S AGENT (Engineer, Licensed Surveyor, Other and please indicate if engineer is also an agent) Name MR R, MRC WAYTj Name PFTR {AITRMA Name Address 928 N. BRIDALE PA7r! Address 630 RRFA CANYON RD Address City WALNUT City WATN[1T City Zip 91789 Phone (71 4 598-7114 Zip91789 Phone ( 71 a—S95—RSR7 Zip Phone ( 1 (Attach separate sheet if necessary, including names. addresses, and signatures of members of partnerships, joint ventures, and directors of mrpo CONSEN : ! co ent to the submi i pl the application accompanying [his request. Signed Date (All record owners) CERTIFICATION: I h and penalty of Jury that the infgrmation herein provided is correct to the best of my knowledge, Signed _ Date 2 '1/ ` L— PPlicant or Applicant's Agent) Location LOT 5 DER2TIDIGTFl F,00 E]m 'T n7P T7A(77T11TE (Street address or distance from nearest cross sireetr RIDGE LINE and RAND between (Street) (Street) in Zone R-1 RESTINTITTATt Zoned District (Land Use, not postal one) �/ �� I HNMIFS46"3.(:Z CSI TBG Assessor CT Planning Area USES Contract City DIAMOND BAR Supervisorial District General Plan Category R''SID:'9TLAI, Local Plan Category (if applicable) Local Plan Project Size (gross acres) .96 ACRES Project Density Previous Cases LA COJNTY REG PLANNING & DB 90 0034 — Present Use of Site VACANT Use applied for SINGLE F]."IL`: RESIDENCE Domestic Water Source W�'�`I' V W rn CompanyiDnttict MecnaA of Srs:vOa Deposal . SEWER Sanitation District WHMfER G, ading of Lots by APPIscant? Yes _ No X Amount (Show necessary grading design on site plan or lent. map.) LEGAL DESCft IPTION (All ownershrts comprising the proposed lots/project) If petitioning for zone change, attach lenal rfescripuan of exterior boundaries of area subject to the change, u%1 S TRACT' 4. APPROPRIATE BURDENS OF PROOF MUST ACCOMPANY EACH TYPE OF REQUEST — Gheck each request a oplied tar and complete appropriate sections. PLAN AMENDMENT REQUEST Counrywiderlocal Plan or Area Plan Land Use Map Change: , From TO Acres From .�To Acres e Other Councyw�de IGen. Oev., Housing &Spec. Mgmt.l Mao G`sange: Ftam To Acres From To Acres Idenu ty Text Changelsl to Ca un[Ywid e!Lonl or Area Plan Oesued: Total Pro jet; Units Curren[ly Allowed By: (al C!N Plan (bl Local Plan Tolal Project Units Permitted If: (a) CW Plan Amended (b) Local Plan Amended 7o[al Acres Involved: SE RVICES* Existing and Proposed: Gas & E.ec.ric Fire Sheriff ZONE CHANGE REQUEST fat , (h) Education Access Zone: From Acres To Acres CON 017IONALOSE PERMIT, VARIANCE, NONCONFORMING REVIEW, AND 07HEA PERMITS Permit Type Ord. No. Project Site: • 9 AC 1 Area devoted TO: structures In open space QN Gross Area No. of Lots 6300 and 01 Proposed density Residential Project Grass Area No at floors Units/Acres -. Number and [gees at Units Resitlemial Park ina: TY Pe fleauired 2 Provided Total Required 2 3 _ 7pta: Provided � i.. i` I r:; .1 I _ ;i VARIANCE CASE:BURDEN Of• PROOF SEC.22.56�2DD In addi:ior, to the information recprired In the application, the applicant shall substantiate to the satisfaction of the Zuniny Board and/ur Connuissiou, the lullowiny facts: A. That the jretpresled use at the location proposed will no L• 1. Adversely afrect the health, peace, comfort ur welfare of persons residiny ur wod:iny iu the surruundiny area, ur 2. Be materially delrin>ental to the use, enjoyment yr valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanyar or other wise conuitute a,roenace to the public health, safely or general welfare. WE ARE ONLY BUII,DING 1 HOUSE ON THE IL7I' AS ON CJI'F3ER LOTS. THIS WILL NOT HE DETRIMENTAL TO __ ANYONE'S USE SINCE THE VIE;J WILL NCIP BE BLOC'�D _ t^ARE_TH&LS_AN.L�73E:Z_�S_IBENGE-Gdi--'45��'. ----- ONE HOUSE WILL NOT BE'F1 MENPNCE TO THE PUBLIC B. That the proposed site is adequate in size and shape lu accommodate the yards, walls fences, parking and loading facilities, landsc:apiny and other development features prescribed in this Ordinance, or as is otherwise required in order to integrate said use witlilllhe uses in the surruundiny area. T�[�T,7, LiSF. A RFTATNTN(; WAiT �jpNC: THE FRr1N'r' YARn '�_ PROVIDE PROPER ACCESS OF DRIVEWAY TO GARAGE & TO II�T'RY. C. Thal the propusetl rile is adequately served: 1. By highways ur sU'eels of sifficient width and improved as necessary tc carry the IcinJ acid quantity of traffic such use would generate, and 2, By other publir, or private service facilities as are required. DERRINGER PROVIDES VEHICULAR TRAFFIC AND [TPILITY ____ SERVICE OF GAS, WATERr ELEC_ &SEWER. _ U. That there are special circnmslances or exceptional characteristics applicable to the propet ly involved, such as size, shape, topography, location or surroundings, whirh are not generally applicable to other properties in the same vicinity and under identical zoning classification. .UZ_TUI PfIY- IS—IILQi STEEa _R_TJLRN S7iI > �SI4SfIE_ AREAM --------------- E. That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners or other property in the saute vicinity and zone. IT WOULD VIRTUALLY.RE A F _USE WIT:i A ROOF BELOW S _ LEVEL ORr REQUIRE EXCESSIVE GRADING. f-. That the granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the saute vicinity and zone. WE WILL ONLY BUSLD ONE HOUSE. IT WILL NOT BE HI= ABOVE STREET LMM THAN HOUSES ACROSS STREET. (STAFF USE) project Applicant (Owner): MR & MRS VAKIL INITIAL STUDY QUESTIONNAIRE COUNTY OF LOS ANGE FS A, ORAL INFORMATION Project Representative: PEPS VOLBEDA PROJECT NUMBER(s): �— Name 630 BREA CANYON RD 928 N. BRIDALE PATH Address Address WALNUT, .CA,'91789 t4ALNUT, CA 91789 — —_---- ---- --- 7714-595-8587 14-598-7114 ----- —_ — Phone Number ----- --- Phone Humber 1. Action raquested and project description: CONSTRUCT 3-STORY RESIDENCE OVER —_ THE HEIGHT LIMIT OF 35 FT. 2. Strut location of project: LCYI'S, DERRINGER LANE --- _ VACANT 3a. Present use of site:_ - 3b. Previous use of site or structures: VACANT_ -- 4. Please list all orevious cases 90-0034 (if any) related to this project: _— — -- 5. Omer related cermit,raporovals required. BUILDING DEPARTMENT Scecify tyre and granting agency. —_ -- — 6, A,re you planning future NO phases of this project? /Y/ /N/ IIIf yes explain: I 7. project area: 8. Nunnioer of floors: _s_____— Covered 'oy structures, paving:- 90 present zoning: Landscaping, open space: 37,400 - Total area: 40,000_ Danestic Public 1G. iaater and sewer service: Water. Sewers /Y/ Does service exist 3t site? If yes, do purveyors Ina capacity to aeet �N/ of project and all other approved projects? If darlestic water or public sewers are not available, now will these services be provid�3? ---- -- esidential projects: 1. Nur.-jer and ty;ra of units: 1 SFR 2. Schools: What school district(s) serves the Of operty? DIAMOND BAR Are existing school facilities adequate to meet,project needs? i% /N/ If not, what provisions will be made for additional classrooms? proj�ts: L3. Distance to�arest residential use or sensitive use 'S c�hoo1, hospital, etc.) 14. Nurber and floor _r=a of buildings: 15. Num"Der of emmployees an\hi fts: 16. Maximum employees per shif\ 18. Identify any: End products Waste products _ Means of disoosal ft li. Operating hours: 19. Do project operations use, store or pr x3uce iiaz�j checicals, paints, or radioactive materials? _ ICI substances such as oil, pesticides, If yes, explain: _. 20. Do your operations require any pressurized tanks? /Y% /N/ If ye \ explain: 2i. Identify a mfla.�ma�1�, reactive or explosive mat=rials to be located on= � te. 22. Wi11 delivery or sii?�ent trucks travel through rc-sidential areas to reach the nearest highway? � /N/ If yes, explain: - 2 - g. ENVZRotz ENTAL INFORMAT1oN 1. Environmental Setting -- Project Site Existing use,'structures VAST ----- - -- - — - '" --- -" 2:1 DOWNHILL--- --- -------------- ---- -- — --- b. Topugrapay,/slopes _-------__---- 1.. *C. Vegetation GRASSES --- - NONE ---------- ------ *d. Animals - ---- -- ---------------- *e. Watercourses------N------- ----- - ---- - - -- - - f. Cultural/historical resources NONE----- — ----- -------- -- ----"- -- g. other ---- -- ---- ----- 2. Environmental Setting -- Surrounding Area a. Existing uses/structures (tvoes, densities): SFR__1 PER ACRE b. T000graphy,�sioc�s _ VARIES FROM 2 % � 50% SLOPE *c. Ve3etation GRASSES -- *d. Animals -- *e. -----�_— watercourses — f. Cultural/hi storl Cal resources g. Other------- 3. Are there any major trees on � Zf cis, t and nu^�uer:—_--_---- the site, including oa'r, trees. /Y/ /� Y- 1[� q• will any natural watercourses, surface flow patternlfescex i�in• __— ___.-- — - be ganged tnrough project development-: j% � Y p - --- *Answers are not rc-quired if the area does not contain natural, undevelope:i land. 3 - B. ENVIRONMENTAL INFORMATION (cont.) 5. Grading: Will the project Zf yes,„ --how many idill it be require grading? � /N% cub.i� yards? ___ _______ balanced do site? /Y/ If not balanced, where will dirt be oUtained or deposited'? AL�7ACENT SITES_ _ _ __ _ Are there any identifiable landslides or oti�er major geologic hazards on t;ze property (including unccrmpacted fill)? /Y/ /�% If yes, explain: __ ____ ____ ___ 7. Is the property locatad wiuiin a high fire hazard area (hillsides with cnoderat_ly dense vege*ation? /� /N/ Distance to nearast Lire station: 3 MILES 8. Noise: Existirry noise sources at site: RESIDENTIAL __ - -- Noise to be generate3 by project: 9. Fumes moors generate'.? by project: ---------- Could toxic fumes be generated? 10. What energy -conserving designs or r„aterial will be used? NONE _____ CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, arxi that the facts, statements, and information presented are true arx3 correct to the best of my knowledge and belief. �� /� Date: ---__Z `_ ��----����'— _- (Signatuze) For: % I )��'� �/�,` �-- - - 4 - �7lCi ....y we ..roars P2ge 7 21660 EAST COPT EY DRIVE • SULTE 'W DL &,MOND BAR. CA 91765-4177 (TO BE COMPLETED HY APPLICANT% General tnformation: Y/ EO/9O Date Fled: Pertinent Perm tJApplications: ��� `-ID - 10 Project Information: 1. Name, Address and Phone Number of Project SPonsar: 2. Name, Address and Fhone Number cf Key Contact Person(s): 3. Project Address: 4_ Project Assessofs Elock and ParcehNumber(s): 8713-03-05 5. Cthe%%24C � 240 6c��. /�3. 789a76 82R NL07a 5n' 6-A. Does the project require any of the following actions by the City: Yes No X Variance: X Conditional Use Permit: �-- Zone Change: X General Plan Amendment: PHYL"5 E. PAP`—'t. PAUL V. HGRGHER G.�`Y H. �� ? G"GYuncmmbcA IOGucc!xabc G AOHECryL GA ... Mayac M�r� P:o Tcs - _ - 1..Zo. P. - . _- - ....-.. a, a trc-c &B, Lst and descnbe anyy other reu inc:uding those requyF �()// city, gio AS 7. Land Use Designations: Adopted General Plan Designation Adopted Plan 8. Proposed Specifiic Use of Project Description: 9-A. Site Dimensions and 151, 3, agency standards. state and federal ag Area: t120Nl f, Pagc 2 and other public approvals relevant to this project, 9-$. L=gal Oes.^.ripiion of the Pro ect: (attach espy fo this tomr if necessary) rni �, 7i?�r'7 74046 ivate utility e=_se men;s, 11. Cescdbe public or pr below the surface of the project sale. T rAl r ,.r .,...,.,,,..,,.. a., c,,...,....,..,....................P2ge J 10. project Detail: NA -'- Attach a separate page of descriptive data for each housing type included in this project: a) Number of Housing Un is by type. b) Fioor Area by type (minimum, maximum, and avenge square footage). c) Number of floors (stories) for each type. d) Housing market targeted (demographic profile). e) Estimated market sates price or estimated market rents. f) Descnbe all amenities proposed (for example, Landscaping, recreation equipment, common use faciRles, trails, etc.) g) Minimum lot size. (Net Act area, not including Right -of -Way) h) Maximum lot size. (Net lot area, not rhduding Right -of --Way) q Average lot size. (Net lot area, not inc/udirg Fight -of- way) } Number of lots whit`; do not meet City Standardsl ut0 y lines, structures or other faci!fties which ?xis: on the su {ace or 12. Assecated Frcjecs: (Frejecs or potential prcje: s which are direcay relate^ ?o this project, ie: potential developments which require completion of this project): 13. Ce=_c:i6e any aniicoated Phasing far this p N. A. 14. Attach one copy of each of the fallowing: (Numtrer cf Units & i tame Frme) a) Preliminary Sails Fepart. b) Preliminary Geologic Investigation. c) Drainage Study. d) Toccgraphic Mao highlighting any existing slopes of 25',a or more. £iV7I/2£ SI7£ IS OV&2 25I e) Tract Mac, Farce! Mae, or P!ct Flan cteary showing each area of cut and each area of rill; all residential unit p ads (if irrcwr,), and any areas with slopes of 253 or more. t) Fhctcgr2phs shcwicg the site from di!ferent (ie: rerth, south, east, west) vantage points and phctegrphs showing vistas (ie: rcrth, south, east* west) from the sale. V Page 4 Are the following items applicable to the proposed project or its effects? (Discuss below all items which apply to this project: affac, additional sheets as necessary) 15, Grading: Maximum depth of excavation: 24 a7 DRZVEG)A ,Maximum depth of fill: 1 T7 Y Quantity of sail moved: cubic yards. Will there be an on site balance of cut and till?: N06 NORF fTf f FOR Al2iVFd,4U 16. Vewshed: Oescbbe any change in the appearance of the site resulting from the project as proposed. / VE[JAy GIIL/ REOUlRE /2E7AINING GALLS ,4ND tIL L . 17. De_chbe how the proposed project will fit into its surroundings (Ye: will the prepcsad project blend into an existir,_a neighborhood? Hcw will it relate to the size, scale, sryfe, and character of the existing surmunding development?) 7f[E EXIS7ING RESIDENCES ARE LARgE CUS70N 11017ES OF VAJUED S7yLES. IN 7NIS i(SSPEC7, 711E PROPOSED RESID&VCE GILL REL4/E 70 /ffE SCALE AND CHAR4C7ER UT 711E NEIGKBO12f[OOD Ia. Oesera:e any alteration of the existing drainage patterns, or potential for changes in surface or ground water quality or quantity. (re: will the Ocw cl any permanent cr intermittent sudaceysubsurface water charge as a result of this project.? Hcw?: will there be any injection wells, septic systems, or ether faciities whicn may anecr surface ar subsurface water quality?) OP ER 711AN D124INAGE A/20UND 711E R120R0 SFD RF i' DENT F. No MAJOR CO[L2CE S DILL BE AL7EREDo SEi7IC 7ANK ANO LF4CH FWD IJTLf 13F USFD I 19. Describe any tong -term noise and/or vibration which may occur as a result of this project: (after construction w771 this project direly or indirectly cause the generation of noise and or vibration greater than any that exists now?) NO LONG 7ERn NOISE OR VIBRA7I0N WILL OCM 477ER CONS71WC7ION Of 7HIS 10R02EC7 29. Describe any residential construction proposed on filled land (le: identify the lot number of each structure proposed to be built of filled land). 711E RESIDENCE GILL BE BUIL7 OVER COIVRAC7ED FILL RLAC£D 70 SUPi OR7 711E SIREE7 ALL TOENDA7I01V UORX GILL BE SURROR7ED Bu UNDERLyING BEDROCK ...., ......_..._.... _� _..... _....._..�. _.._...._.._.Page 5 21. Do any significant trees exist on the proles: site now'? �escnee [ne enec, mis proles, ww nave on ureur. Ire: varc anu Wainut trees are consic`ered Significant Describe wheher the proposed project will disturb or cause removal of any of these trees). No SZ4NI7lC}W7 7!2£ES FXZS7 ON MIS Sr7F. 22, Is the project site located in a national, state, regional or locally designated area of historical, environmental or other significance. If so describe. Cie: is the site an area designated as a hillside management area, significant ecological area, s;gniBcant mineral resource area, etc.) NO. Environmental Setting: 23. Describe the ervironmental setting (synccss) of the project site. This narrative shail ircfude a description of the soil s;abii ty, slopes, drainage. scenic quality, plants, and animals which may exist on the site now, and any existing structures and the existing land use of the project site. ME SITE DESCENDS 7WON DJ 'MZNGFl2 tME Lima crn/OF naTmc OF > 5.1 Tit J 5r7 GF7A7r(7N C01/Fl2rNG lHF crlF rnNcrrrc of [ ^°°c° 41VD bLicl C llrlH Crll7F chair Bl1SK£S N£A2 /KE CANUUN 601L( /)8ArNAGF OF ItIF 712ONl g24DFlD 412FA.0 Lc MIVA I? ME S7/2EE7 dl( SHFF7 LCIIL. 7HF RFMAULIER nF 7HF UV A!?4rNS OFS7Fl2u 70111ARD 79F C (ON. 7HF?F 47F NO c=G Qt_ CT(/yrf rr4A/ Fr?o,urml !HF UYL IS VACAN7 AND HAS A Vlad 0% ZEE CANUM 24. Desc:ibe the surrounding properties (sycccs;s). This narrative shalt inc'ude a description of the sail stability, slopes. drainage, scenic quality. plants, and anirnals which ray exist_ Indicate the type of land use commercal, etc.), intensity of land use (singie-far"aly, multi-farmiy, density ccmimerc.'a/, prcfess'nai, etc.), and scale of development (height, frontage, set -tack, etc_) in the adjacara surrounding area. F C 7 r r '1Fr? '7 A ra i r c �h A!"'lPIWX 2 9 ADVC&V7 i l2U!"'El27IES BNDE/2ING 7KF SI7F EL VACAN7ANJ Z 7K£I!2 IVA '11?47 - S7ATS FXC£!p7 (w CUr9iAC/ED TILL lNL CEL !0 M/Prat/2/ !HF syZ9LL/ Sr VA/21/ Pl2ri4 1 5 > ran 2 5 9 All SI7ES KAVE UNDEl2LUIN4 BFr7/2U�h 7NFl2F A!F Nri crc1NS OF STCYTEMArll! L20.i"N VEG£7A7I0N CUNSZS7S UP G/2ASSES & lJE£JS GIZIK .SOALL BlLSHF.S 01MIUS ME CMON 13011019. ry AF9rag 07 7fiE mo/17 GRADED AREA IS ZONAL) lKE 37l2EF7 RU SHFF7_tlnil- 711F l2ENArNAEl2 Uf 7KF .cr7Fc Certification: I hereby certify that the statements furnished above and In the attached exhibits present the data and Information required for Initial anvlronmentat evaluation of the proposed project- All Information Is to the best of my knowledge, belief and ability to determine factual, true, correct and complete_ le/ Date- -tYi C-iL:? Signature: j //�%1"/, `t i ^ Far � NVv CompletIGh of this iorm,is required to begin revievr cf a project ,?Informailon wtEhtrtA#hstor>n and the'iequlred:attacS� ed materials W1 I assist the Cityan determining 1.whe#her a�Negat,ue; Declaration may be granted, Whetner:2;MlTlg2led Negative Declaration eci or whether;Envlronmentallmpact Report q shall 6e required CON7INU£D 24, DRAIN WESMWLY 70WARD 711E CANYON, SI7ES ALONG 711E EAST SIDE 07 D£R/2ZNGER LANE HAVE VIEWS 70 C4NYOND ON 711E EAS7 AND WEST. SITES ON 711E WES7 SIDE OF D£R/2ZNGER LANE HAVE A VIW OF 711E CANYON 70 ME WES7. THE LAND USE IS SINGLE FAULY RESIDENTIAL, fl£IG117S AV£RA E 35 F7. FRON AVERAGE FINISH GRADE 70 7HE AID400IN7 07 711E HZ911£S7 IUDGE OR GABLE. L07 FRON74GE ALONG DERIUNGER LANE AVE/249E 150 F79 FRONT SET -BACK IS 10 77. ii Cly or Diamond Sar lnittal Study Form Page 6 Yes No Possibly 21, Mandatory Findings of Significance? a. Does the proposed project have the potential !o degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate or significantly, reduce a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the proposed project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c. Does the proposed project pose impacts which are individually limited but cumulatively conside rabie . d. Does the project pose environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X III Discussion of Environmental Evaluation: (Attach Narrative) IV. Determ(nat(on: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a'sIgnificant effect on the environment, v/ and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been incorporated into the proposed project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED, i find that the proposed project MAY have a significant effect on the environment, and an ENVIRONM/ENTAL IMPACT REPORT is required. Date: g ` t3/90 Signature: Title: 5 Forthe City of Diamond Bar, Califomia j OAK TREE STATEMENT [ The subject property contains no oak trees. [ ] The subject property contains one or more oak trees, however the applicant antib.ipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. [ ] The subject property contains one or more oak trees and the applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. An Oak Tree Permit has been or will be applied for prior to any activity taking place or, the %orooerty:,01 0 l /� ( _� / -7 Via.-6 a: . PDp'liczhT�'s Signature Date 1 OTS89MG i •' AGENDA NO. ------------------------------------------------------------------------------- CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA REPORT ------------------------------------------------------------------------------- DATE: November 14, 1990 MEETING DATE: November 26, 1990 TO: Honorable Chairman and Planning Commissioners FROM: James DeStefano, Director of Planni' SUBJECT: Request for an Extension of Time: First Evangelical Free Church CUP 1634-(1) The First Evangelical Free Church was granted a Conditional Use Permit (CUP) in 1980 to develop a church facility. This application request is for a time ex- tension to finish the third phase/building of the sanctuary for Evangelical Free Church. This request will require modification of condition #18, of CUP 1634- (1) which required the third phase of development to begin before November 26, 1990. The applicant has additionally proposed significant changes to the site plan that will require modifications to the conditions and will require further staff review. Property Location: 3255 Diamond Bar Boulevard, approximately 100 feet west of Brea Canyon Road. General Plan Designation: North and East: R-1-7500 South: R-1-1000 West: C-1 CPD Urban 2 - Low density residential Zone: R-1-7500 - Single Family Residence Vacant school site Commercial and Orange Freeway (57) The property is an irregularly shaped 2.6 acre lot. The site is level except for a large natural knoll at the northeast corner. CUP 1634 (1) was approved to develop the church on this site in three phases, the third to be started within ten years. Due to changes to the existing project and an anticipated resubmittal, staff recommends that this matter be continued to a future hearing date to be recom- mended by staff at the meeting. \Pjs