HomeMy WebLinkAbout04/13/1999PL ANNIN( FILE COPY
7.00 P.M.
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
NelsonCha!rman Steve Tye
Vice Chairman Steve
Commissioner ,o
Commissioner ,, McManus
Commissioner i
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Next Resolution No. 99-10
PLANNING COMMISSION
CITY OF DIAMOND BAR
Tuesday April 13, 1999
AGENDA
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Steve Tye, Vice Chairman Steve Nelson, George Kuo,
Joe McManus and Joe Ruzicka.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the Planning Commission on any item
that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda
items. Please complete a Speaker's Card for the recording Secretary_(Completion of this form is voluntary
There is a five-minute maximum time limit when addressing the Planning Commission.
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are approved by a single motion.
Consent calendar items may be removed from the agenda by request of the Commission only:
4.1 Minutes: March 23, 1999
5. OLD BUSINESS: None
6. NEW BUSINESS:
7. CONTINUED PUBLIC HEARING: None.
8. PUBLIC HEARING:
8.1 Development Review No. 98-15(1) and Variance No. 994 (pursuant to Code Section Chapters 22.48
and 22.54) is a request to revise a project approved by the Planning Commission on January 26, 1999.
The approved project permits the construction of a two-story office building of approximately 42,720
square feet on a vacant lot within Gateway Corporate Center. The Variance request (a revision to the
Planning Commission approval) is to construct crib type retaining walls varying in height with a
maximum height of approximately 13 feet which exceeds the allowable six-foot height. The retaining
walls will be utilized to expand the buildable pad in order to provide more parking spaces.
d;\\agenda\p1anning\apri113-99 4/13/99 PC Agenda — Page 1
ZT04 pi Za 6�� �•
21810 E. Copley Drive (Lot 22, Tract No. 39679)
Diamond Bar, CA 91765
Diamond Bar Business Associates c% AEW Capital Management, LP
601 S. Figueroa, #2150
Los Angeles, CA 90017
Opus West Corporation
2030 Main Street, #520
Irvine, CA 92614
ENVIRONMENTAL DETERAHNATION: Pursuant to the provisions of the California Environmental
Quality Act (CEQA), the City prepared and adopted Negative Declaration No. 98-5 for the approved
project. Pursuant to CEQA Section 15164, an Addendum to adopted Negative Declaration No. 98-5 has
been prepared for the revision request. Further public review is not required.
RECOMMENDATION: Staff recommends that the Planning Commission approve DR 98-15(1),
Variance No. 99-1 and Addendum to Negative Declaration No. 98-5, Findings of Fact, and conditions of
approval, as listed within the Resolution.
8.2 Development Review No. 99-03Nariance No. 99-03 (pursuant to Code Sections 22.48, 22.54 and
22.68) is a request to construct a 3,917 square foot two-story addition and exterior remodel with carport
and decks to an existing 3,108 square foot, one story, single family residence with three car garage.
Variance -is requested due to the encroachment into the front setback.
PROPERTY ADDRESS: 2194 Indian Creek Road
Diamond Bar, CA 91765 (Tract No. 23483, Lot 61)
PROPERTY OWNER/ Robert Granato
APPLICANT: 2194 Indian Creek Road
Diamond Bar, CA 91765
ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental
'Quality Act (CEQA), Section 15301(e)(2), the City has determined that this project is categorically
exempt.
RECOMMENDATION: Staff recommends that the Planning Commission approve Development
Review No. 99-03 and Variance No. 99-03, Findings of Fact, and conditions of approval, as listed within
the Resolution.
9. PLANNING COMMUSSION COMMENTS:
10. INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
d:\\agenda\p1anning\apti113-99 4/13/99 PC Agenda — Page 2
11.
12.
SCHEDULE OF FUTURE EVENTS:
PARKS AND RECREATION
CONMTTEE:
CITY COUNCIL MEETING:
TRAFFIC AND TRANSPORTATION:
CITY 10M BIRTHDAY PARTY:
CURBSIDE BULKY ITEM
COLLECTION:
PLANNING COMMISSION MEETING:
"IX111", Wil I pla IF
Thursday, April 22, 1999 — 7:00 P.M.
AQMD Board Hearing Room, 21865 E. Copley Drive
Tuesday, April 20, 1999 — 6:30 P.M.
AQMD Auditorium, 21865 E. Copley Drive
Thursday, May 6, 1999 — 7:00 P.M.
AQMD Board Hearing Room, 21865 E. Copley Drive
Sunday, April 18, 1999, 12 Noon — 5:00 P.M.
Peterson Park, 24142 E. Sylvan Glen Drive
Saturday, April 24, 1999
Tuesday, April 27, 1999 — 7:00 P.M.
AQMD Auditorium, 21865 E. Copley Drive
d:\\agenda\p1anning\apri113-99 4/13/99 PC Agenda — Page 3
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CALL TO ORDER:
Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management
Auditorium, 21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Commissioner Kuo.
ROLL CALL:
Present: Chairman Steve Tye, Vice Chairman Steve Nelson and Commissioners
George Kuo, Joe McManus and Joe Ruzicka.
Also Present: James DeStefano, Deputy City Manager; Linda Smith, Development Services
Assistant; Sonya Job, Development Services Assistant, and Stella Marquez,
Administrative Secretary.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
APPROVAL OF AGENDA: As presented.
CONSENT CALENDAR:
I . Minutes of March 9, 1999.
C/Kuo moved, C/Ruzicka seconded, to approve the minutes of March 9, 1999, as presented.
Motion carried 5-0.
OLD BUSINESS: None
NEW BUSINESS: None
hil 11 1.3 11 (61 M. I DY411 11 4 Q
1. Development Review No. 99-2 (pursuant to Code Section 22.48.020.A) is a request for
approval to construct a two-story office building of approximately 42,720 gross square feet
(40,900 net square feet) to be utilized for general office purposes.
PROPERTY ADDRESS: 1520 S. Bridge Gate Drive
(Lot 15, Tract No. 3 9679)
Diamond Bar, CA 91765
MARCH 23, 1999 PAGE 2
PROPERTY OWNER: Diamond Bar Associates
c/o AEW Capital Management, LP
601 S. Figueroa,. Suite 2150
Los Angeles, CA 90017
APPLICANT: Opus West Corporation
2030 Main Street, Suite 520
Irvine, CA 92614
DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission
approve Development Review No. 99-2, Findings of Fact and conditions listed within the
resolution subject to the following recommended modification: That Condition 0) be
reworded to read: "The applicant shall provide a crosswalk in the vicinity of Lot 15 and Lot
12 to connect the existing and proposed sidewalks, to the satisfaction of the City Engineer."
In response to C/McManus, DCM/DeStefano presented a drawing of the proposed crosswalk.
He explained the location of existing and proposed sidewalk in the immediate area of the
proposed project. He further explained the intent of the City Engineer to provide pedestrian
linkage throughout the Gateway Corporate Center.
C/Kuo pointed out a typographical error on the parking space chart located on Page 4 of
staffs report. 153 parking spaces should be corrected to 173 parking spaces. He asked for
an explanation of the effectiveness of the proposed traffic mitigation measures.
DCM/De.Stefano explained that without the implementation of a number of traffic
improvements, the level of service (LOS) at Copley Drive and Golden Springs Drive will drop
from an acceptable level of C to F. Staff anticipates the installation of a number of different
improvements such as lengthening the left throat ingress to Copley Drive, modification of the
signal to accommodate the new length of throat, as well as, the related phasing, creating two
right turn lanes and two left turn lanes out of Copley Drive, modifying the median in front of
Lot 23, etc.
C/Ruzicka stated his concerns about the already congested intersection of Grand Avenue at
Golden Springs Drive. He asked if the proposed mitigation measures will take care of
increased traffic at that intersection.
DCM/DeStefano . responded that a Comprehensive Environmental Impact Report was
produced for the Gateway Corporate Center. Built into that EIR was anticipated buildouts
of various product types within the Center. Built into the mitigation measures for the
anticipated traffic impacts was a long list of public improvements on Golden Springs Drive
and its immediate vicinity. The mitigation measures included signalization, medians, etc. that
currently exist. In addition, the developers of the Gateway Corporate Center contributed
about $380,000 to the City of Diamond Bar for "downstream" mitigation which included
Golden Springs Drive - Grand Avenue and Golden Springs Drive - Brea Canyon Road, where
improvements have been ongoing over the years. This project has met its obligation in
contributing to the anticipated impacts. This project will add to the congestion at Golden
Springs Drive and Grand Avenue. However, it has paid its mitigation for those impacts. The
MARCH 23, 1999 PAGE 3
increased congestion is more a product of transient cut -through traffic. The thousands of
building permits that have been issued and constructed in Chino Hills, for example, has had
an enormous impact upon Grand Avenue.
Chair/Tye stated that one of the conditions for approval of Development Review No. 98-15
and 98-16 was to "restripe the northbound approach on Copley Drive to provide one left turn
and dual right turn lanes, and modify the existing traffic signal accordingly. The identified
improvements which will be conditions of approval are expected to mitigate the traffic." The
identical condition is found on Page 6 of this project. He asked why all three projects contain
the same conditions.
DCM/DeStefano explained that the repeated conditions are deliberate. The conditions came
about as a result of the traffic study that was conducted at the time which took into
consideration the anticipated development within the various lots. The conditions are
repeated to insure that the improvements are captured by the development. If Lot 22 or
Lot 12 is never constructed, the improvements are never implemented. Therefore, the
condition insures that the improvements are implemented by repeating the condition for each
of the four projects that were a part of the original traffic study.
Chair/Tye asked why the focus of the conditions is on Copley Drive and not the same at
Gateway Center Drive.
DCM/DeStefano stated that the traffic consultant has not recommended consideration of this
type of condition at Gateway Center Drive. Based upon the engineering assessment, the
assumption is that the majority of the trip generation will be from Copley Drive moving
toward Grand Avenue. The majority of the development will be coming off of Copley Drive
and Bridge Gate Drive.
Jeff Hill, Opus West Corporation, explained the proposed project. He explained that the
applicant asked the traffic consultant to look at all three projects in total. The traffic studies
have shown that the Gateway Center Drive at Golden Springs Drive intersection is not nearly
as impacted as the Copley Drive at Golden Springs Drive intersection. The proposed
building is a spec building. There is no specific tenant contemplated for the building at this
time.
Chair/Tye opened the public hearing.
There being no one who wished to speak on this item, Chair Tye closed the public hearing.
C/Ruzicka stated his concerns regarding the impact of parking lot lighting and building
signage with respect to residents living on the ridge above the project.
VC/Nelson asked that language be added to the conditions to provide for minimal impact of
lighting upon animals in the immediate area of the project.
MARCH 23, 1999 PAGE 4
VC/Nelson moved, C/Ruzicka seconded, to approve Development Review 99-2, Findings of
Fact and conditions as listed within the resolution with staffs recommended amendment to
Condition 5. 0) and with the following statement be added to Condition 5. (d) on Page 6:
"The applicant shall install lighting with shielding to insure that it not glare or spill onto
adjacent residential. properties."
Jeff NA stated that he has no issue with the proposed statement. However, he wants to be
certain that he complies with the Sheriff Department's safety and security requirement.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson,
Chair/Tye
NOES: COM IISSIONER& None
ABSENT: COMMISSIONERS: None
PLANNING COMMISSION COMMENTS: C/Kuo stated he is looking forward to attending the
Planners Institute in order to learn more about becoming a professional and contribute more to the
community.
VC/Nelson said he will be unable to attend the Planners Institute because of family commitments.
Chair/Tye congratulated VC/Nelson on the occasion of his 25th Wedding Anniversary.
INFORMATIONAL ITEMS: DCM/DeStefano stated that as Hearing Officer for Administrative
Development Review applications, he tonight took action to defer the matter of a room addition to
an existing house within "The Country Estates" to the Planning Commission because the project will
require a front yard setback variance. This item will be scheduled for the April 13, 1999 meeting.
Opus West has submitted an amendment to Lot 22. It is the intent of Opus' West to seek approval
for retaining walls surrounding the building on Lot 22 in order to generate about 50-60 additional
parking spaces. This project will be an item before the Planning Commission on April 13.
SCHEDULE OF FUTURE EVENTS: As agendized.
MARCH 23, 1999 PAGE 5
ADJOURNMENT:
C/McManus moved, C/Kuo seconded, to adjourn the meeting. There being no further business to
come before the Planning Commission, Chair/Tye adjourned the meeting at 7:50 p.m.
Respectfully 'Submitted,
James DeStefano
Secretary to the Planning Commission
Attest:
Steve Tye
Chairman
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03/22/1999 10:12 19492489215
MEMORANDUM
RIDGE LANDSCAPE ARCH
Date: March 22, 1999
To: Randy Ten Hove — OPUS West Construction
From: Jim Ridge — Ridge Landscape Architects (RLA)
Project: GATEWAY CORPORATE CENTER LOT 22
Diamond Bar, CA
Subject: Crib Block Retaining Wall Planting
r'Hut X71
This transmission consists of (1) page(s) including this cover sheet. If you experience any problems or
do not receive all pages, please call (949) 248.9211. Our fax number is (949) 248-9215. A hard copy
will not follow in the mail.
The crib block retaining walls will be planted with drought tolerant, flowering plant
material. The plant material will break up the retaining wall expanse and blend the wall
into the surrounding landscape. The planting pockets will be irrigated by a spray
irrigation system at the walls below 4' height and drip tubing at the walls in excess of 4'.
The proposed plant materials for the crib block walls is as follows:
Lonicera japonica halliana / Hall's Honeysuckle
Rosmarinus officinalis 'prostrata'/ Trailing Rosemary
Trachelospermum jasminoides / Star jasmine
Lantana montivedensis / Trailing lantana
o:\wpoocswPu®\Da2zm3-22-esrth.d=
34072 VIOLET LANTERN SUITE C DANA POINT CA 92629 TEL 949 248 9211 fax 949-248 9215
A A
14* 40 a a � ATI
NEGATIVE DECLARATION NO. 98-5
for
DEVLOPMENT REVIEW NO. 98-15 (1)
and
VARIANCE NO. 99-1
21810 E. Copley DRIVE
DIAMOND BAR, COUNTY OF LOS ANGELES, CA 91765
Environmental Finding
Initial Study (Environmental
Information and Environmental
Checklist)
10R#1111114"WA P103:4
March 19, 1999
C:\WP60\LIHDAKAY\F0RMS\NEGDE0
NEGaTIVE DECLARATION 98-A2
P.ADID)
Project Description and Location
r
IN 0 Wall
- IN -1, 1 -1 -1 1 - I
Ulf)
Pursuant to Guidelines for California Environmental Quality Act §15063 (f), this form, along with
the Environmental Information Form completed by the applicant, meets the requirements for an
Initial. Study.
This form is comprised of five parts:
Part 1 Background
Part 2 Summary .of Environmental Factors Potentially Affected
Part 3 Determination
Part 4 Evaluation of Environmental Impacts
Part 5 Discussion of Environmental Impacts
PART 1- BACKGROUND
1 city Project Number: Development Review No. 98-15 (1) and Variance No. 99-1
2. Project Address/Location: 21810 E. Copley Drive (Lot 23 of Tract No. 39670), Diamond
Bar, CA 91765
3. Date of Environmental Information Torm submittal: March 18, 1999
4. Applicant: Opus West Corporation, 2030 Main Street, Irvine, CA 92614, (949) 622-1950
Property Owner: Diamond Bar Associates, c/o AEW Capital Management, LP
Address: 601 Figueroa, Suite 2150
City/State/Zip: Los Angeles, CA 90017
Phone: (213) 312-2611
Fax: N/A
D:\ANN\NEG DECS\DR99-15(1) & VAR99-1. ND ADDOMUMMOC 3M199.
5. Lead Agency: City of Diamond Bar
Contact: Ann J. Lungu, Associate Planner
Address: 21660 E. Copley Drive, Suite 190
City/State/Zip; Diamond Bar, CA 91765
Phone: (909) 396-5676
Fax: (909) 861-3117
6. General Plan Designation: Professional Office (OP - Max. 1.0 FAR)
7. Zoning: Commercial -Manufacturing Unilateral/Contract (C -M U/C) Zone
Description of Project: (Describe the whole action involved, including but not limited to
later phases of the project, and any secondary, support, or off-site features necessary for
its implementation. Attach additional sheets if necessary).
This document is an addendum to Negative Declaration No. 98-5 related to a uroiect
approved by the Planning Commission on January 26, 1999. The addendum is necessary
due to the applicant's request to revise the approved project. The original approval allows
the construction of a two-story office building of approximately 42,720 square feet on a
vacant lot within a business park identified as "Gateway Corporate Center". The approved
project includes providing 248 parking spaces (with 224 required parking spaces). The
revision request consists of expanding the building pad by cutting into the existing slopes
utilizing a loffel type retaining walls. The proposed retaining walls vary in height with the
maximum proposed height of approximately 13 feet. This requested revision will expand
the parking lot thereby providing 66 additional parking spaces. The total of number of
parking spaces provided will now be 309. The office use is still Allstate Insurance.
Surrounding Land Uses and Setting: Briefly describe the project's surroundings:
The proposed project is located on Lot 22 of Tract No. 39679 at 2180 E. Copley Drive
within Gateway Corporate Center. Gateway Corporate Center is located south and east
of the SR 57 and SR 60 Freeways' junction within the City of Diamond Bar. Generally,
to the north and across the street of the project site lies South Coast Air Quality
Management District (SCAQMD - Lot 1). Recently, the City has approved several other
projects__ which are as follows: to the northwest and across the street (Lot 2) - two office
buildings, approximately 166,000 square feet, one building will be utilized by Travelers
Insurance and tenant(s) for the other building is unknown; adjacent Lot 23 - one office
building, approximately 76,000 square feet for Allstate; Lot 15 - two-story office building
approximately 56,000 square feet for unknown tenant(s); and Lot 12 - two story office
building, approximately 39,000 square feet for unknown tenant(s).
D:\ANN\NEG DECS\DR96-15(1) & VAR99.1. ND ADDENDUM..DDC 3/22199
10. Other public agencies whose approval is required (e.g. permits, financing approval, or
participation agreement):
None.
11. List City of Diamond Bar related applications for this project that must be processed
simultaneously:
None.
12. List prior projects for this parcel:
Development Review No. 98-15
3
D.XANNWM DECS\DR98-15(1) k VAR99-i. ND ADDENDUM..DOC 3/22199
L0 40 • 0 O) z 1 OW -KA
NEGATIVE
Initial Study
(Environmental Information and
Environmental Checklist)
PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact"
as indicated by the checklist on the
following pages.
1. Land Use and Planning
_ 9.
Hazards _
2. Population and Housing
_ 10.
Noise _
3. Geologic Problems
_ 11.
Public Services _
4: Water
12. -
Utilities & Service
_
Systems _
5. Air Quality
_ 13.
Aesthetics _
6. Transportation/
Circulation
14.
Cultural Resources _
7. Biological Resources_
15.
Recreation _
8. Energy &Mineral
16.
Mandatory Findings
Resources
-
of Significance _
4
D:UNN\NEG DECS\DR99-15(1) E VAR99-i. ND ADDENDUM..DOC 327/99
PART 3 - DETF M . INATION
To be completed by Lead Agency
On the basis of this initial evaluation:
Project Number: DR 98=15 (1) & Var 99-1
I find that the proposed project revision COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared..
I find that although, the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because the MMGATION MEASURES described on
an attached sheet have been added to the project. A NEGATIVE DECLARATION will be
prepared.
I find that the proposed project MAY have significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at least
one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impact" OR "potentially
significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it
must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there
WILL NOT be a significant effect in this case because all potentially significant effects (a) have
been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been
avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that
are imposed upon the proposed project.
March 19, 1999
S' n r Date
Ann 1. Lungu
5
D:VWN\NEG DECSIDR98-IS(t) A VAR99L1. ND ADDENDUM..DOC 3/SM
54*40wareNoblunce) is
NEGATIVE DECLARATION 98
Environmental Finding
ENVIRONMENTAL ISSUES
d. Inadequate parking capacity on-site?
Source #s: City of Diamond Bar
Development Code, Title 22, p. III -
91 et seq. , Gateway Corporate
Center Design Guidelines, Section
2.7; project site plan
a. Have a substantial adverse affect on
a scenic vista or damage scenic
resources, including, but not limited
to, trees, rock outcroppings, and
historic buildings within a state
scenic highway?
Source #s: General Plan, p. III -10
b. Substantially degrade the existing
visual character or quality of the site
and its surroundings?
Source #s: General Plan, p. III -10;
City of Diamond Bar's Development
Code, p. IV -11-16;. Gateway
Corporate Center Design Guidelines
C. Create a new source of substantial
.light or glare, which would
adversely affect day or nighttime
views in the area?
Source #s: City of Diamond Bar's
Development Code, p. IV -11-16;
Gateway Corporate Center Design
Guidelines
6
DAANNWEO DEMDR98.15(1) do VAR99-1. ND ADDENDUM—DOC 322M
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
WA
P
MM
x
a. Does the project have the potential
to degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self-
sustaining levels, threaten to
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or
eliminate important examples of the
major periods of California history
or pre -history?
b. Does the project have the potential
to achieve short-term, to the
disadvantage of long-term,
environmental goals?
C. Does the project have impacts that
are individually limited, but
cumulatively considerable?
("Cumulatively considerable" means
that the incremental effects of a
project are considerable when
viewed in connection with the
effects of past projects, the effects
of'other current projects, and the
affects of probable future projects)
d. Does the project have environmental
effects, which will cause substantial
adverse effects on human beings,
either directly or indirectly?
7
D:UNN\NEG DECS\DR96-15(1) & VAR99-1. ND ADDENDUM..DOC 3/22M
IM
WO
WA
PART 5 - DISCUSSION OF ENVIRONMENTAL IMPACTS
Discussions within each section may be grouped.
6. TRANSPORTATION/CIRCULATION
d. The proposed office building is approximately 56,000 square feet. Pursuant to the
City's Development Code and Gateway Corporate Center's development standards, one
parking space is required for each 250 square feet of gross floor. area of a general
office use. Therefore, this project requires that 224 parking spaces be provided. The
original project approval (by Planning Commission, January 26, 1999) provides 248
parking spaces. The requested revision expands the building pad in order to provide
additional parking spaces. Eighty-five additional parking spaces will be provided,
thereby providing 309. parking spaces which is more then the Code requires.
Additionally, the City's Ordinance for Trip Reduction and Travel Demand Measures
applies to this project. Therefore, the proposed project will comply with said
ordinance.
13. AESTHETICS
a. -c. The proposed revision is to construct retaining walls using a loffel type system. The
retaining wall's heights will vary from 2.5 feet to approximately 13 feet with the
majority of the walls being 8 to 9 feet. The retaining walls will be utilized to expand
the pad area, thereby expanding the parking lot area. The retaining walls are located
within the rear and one side of the project site. The proposed retaining wall system is
constructed on an angle adjacent to the face of the slope. Due to the angle, taller
heights are required. If a regular block retaining wall were utilized, a 13 -foot high
loffel retaining wall would be 10 feet in height. However, the advantage of a loffel
type retaining wall is that it contains cells filled with earth that can be planted, thereby
eventually camouflaging the wall as the plant material matures. The Gateway
Corporate Center's architectural committee approves the retaining walls. Furthermore,
the project site is not located adjacent to a scenic vista, historic buildings and/or a state
scenic highway. The project site is previously graded with a buildable pad area. It
does not contain natural resources such as trees, native vegetation or rock outcroppings.
8
D:\ANN\NEG DECS\DR98-15(1) & VAR99.1. ND ADDENDUM..DOC 3122/99
City of Diamond Bar
DEVELOPMENT REVIEW
r
Staff Report
AGENDA ITEM NUMBER: 8.2
REPORT DATE:' April 8, 1999
MEETING DATE:
April 13, 1999
CASE/FILE NUMBER: Development Review No. 99-03 and
Variance No. 99-03
APPLICATION REQUEST: A request to construct a 3,917
square foot two-story addition
and exterior remodel .with carport
and decks to an existing 3,108
square foot, one-story, single
family residence with three -car
garage.
PROPERTY LOCATION: 2194 Indian Creek Road (Lot 61 of
Tract No. 23483)
PROPERTY OWNER/APPLICANT: Robert Granato, 2194 Indian Creek
Road, Diamond Bar, CA.91765
BACKGROUND:
The property owner/ applicant, Robert Granato, requests a Development
Review and Variance approval (pursuant to Code Sections 22.48, 22.54 and
22.68) in order to construct a 3,917 square foot two-story addition and
exterior remodel with carport and decks to an existing 3,108 square
foot, one-story, single. family residence with three -car garage.
Variance No. 99-03 review and approval is required to allow the
applicant to encroach into the front setback.
The project site is located at 2194 Indian Creek Road (Lot 61 of Tract
No. 23483), Diamond Bar, CA, within the gated community identified as
"The Country Estates." It is currently developed.with a 31108 square
foot one-story residence. The project site is approximately 1.36 gross
acres and 1.15 net acres. It is pie -shaped, narrowing and sloping
downward toward the rear, southerly exposure. The current residence and
proposed structure are within the buildable pad area. A prior approval,
Yard Modification No. 95-1, approved a tennis court and retaining wall
allowing mitigation.of a landslide area while leaving much of the site
1
and slopes in open space. Though not applicable to this application, a
"flood hazard" area exists at the rear of the site per Tract Map 23483.
The project site is zoned Single Family Residence -Minimum Lot Size One
Acre Rural Residential (RR) Zone. Its General Plan Land Use designation
is Rural Residential (RR). Generally, the following zones surround the
subject site: to the north, south,. east and west is the Rural
Residential (RR) Zone.
ANALYSIS:
The application was originally proposed as Administrative Development
Review No. 99-02. During the review of the project, a front setback of
20 feet was noted for the existing structure that had been constructed
in 1977 under the Los Angeles County Code allowing 20 feet for the front
setback. On December 3, 1998, the City of Diamond Bar's newly adopted
Development Code became effective and requires a front setback in the
Rural Residential Zone as 30 -feet making this a nonconforming structure.
Section 22.68.030(B) of the Development Code allows the alteration of a
nonconforming structure with a Minor Conditional Use Permit approval by
the Hearing Officer, but limits the exterior of the new construction
from encroaching further into the setbacks than the comparable portions
of the existing structure.
The proposed structure does not follow the comparable portions of the
existing structure and encroaches into the front setback. It is noted
that the existing front eave is three feet. The proposed construction
does not encroach further then this overhang. The variation from the
front property line to the structure exceeds the authority of the
Hearing Officer, and therefore requires the Variance Application to be
heard by the Planning Commission.
Pursuant to Development Code Section 22.54, an application for Variance
is required to allow for deviations from the Code's development
standards. The deviation may be granted when special circumstances
(e.g., location, size, shape, surrounding, topography) are applicable to
the property, which results in denying the property owner privileges
enjoyed by other property owners in the vicinity and under the identical
zoning district, or creates an unnecessary and non -self created,
hardship by the strict application of the Development Code. Furthermore,
all Variances require the Planning Commission's review and approval.
This application requires development review per Title 22 of the City of
Diamond Bar Municipal Code. Section 22.48.020.8(1) states that
"additions to structures, and reconstruction projects which are equal to
50 percent or greater of the floor area of existing structures on the
site..." and *involve the issuance of a building permit are subject to
2
Administrative Development Review. The proposed project is residential
construction of 50 percent or greater of the floor area of the existing
structure. Therefore, Administrative Development Review is required.
Pursuant to Development- Code Section 22.48.030, concurrent processing
shall be made by the highest level of authority; therefore, both
applications shall be heard by the Planning Commission.
The following is a comparison of the City's approved development
standards and the project's proposed development standards:
The above analysis indicates that the proposed; residence is a non-
conforming structure and does not comply with the City's development
standards with respect to the front setback. The applicant has obtained
the approval of "The Country Estates" Homeowners' Association
architectural committee.
The existing pie -shaped lot's buildable pad curves in the front. The
existing house in front is between 21 to 23 feet at the closest point on
the radius from the property line. The house is 12 feet from the
existing retaining wall in the rear. As stated earlier, this wall is a
mitigation measure for a previous landslide, so expansion to the south
is limited. An existing pool on the east side of the existing structure
constricts expansion in that direction. Therefore, building a second
story facilitates expansion on this pad for a habitable structure. The
post and beam framing required to support the second story encroaches
11,�-3 feet into the existing front setback allowing the first floor of
the home to remain as existing. The varying encroachment allows for
architectural styling rather than having a flat box -like structure on
the site. This encroachment, however, leaves only the original 20 feet
as granted by Los Angeles County. As stated previously, today's code
3
City's Development Standards
Project's Development Standards
1.
Setbacks:
1:
Setbacks:
•
Front -yard -301 from property
0
Front yard- 201 from property
line
line
•
Side yards -151 & 101 minimum
*
Side yards- 851 and 101 from
from property line
property line
•
Rear yard -201 minimum from
*
Rear yard- 3051 from property
property line;
line,
2.
Building Height:
2.
Building Height:
0
Two stories-maximum.351;
e
Two stories -maximum 351;,'
3.
Parking:
3.
Parking:
*
Minimum 2 car garage.
0
3 car garage and carport.
The above analysis indicates that the proposed; residence is a non-
conforming structure and does not comply with the City's development
standards with respect to the front setback. The applicant has obtained
the approval of "The Country Estates" Homeowners' Association
architectural committee.
The existing pie -shaped lot's buildable pad curves in the front. The
existing house in front is between 21 to 23 feet at the closest point on
the radius from the property line. The house is 12 feet from the
existing retaining wall in the rear. As stated earlier, this wall is a
mitigation measure for a previous landslide, so expansion to the south
is limited. An existing pool on the east side of the existing structure
constricts expansion in that direction. Therefore, building a second
story facilitates expansion on this pad for a habitable structure. The
post and beam framing required to support the second story encroaches
11,�-3 feet into the existing front setback allowing the first floor of
the home to remain as existing. The varying encroachment allows for
architectural styling rather than having a flat box -like structure on
the site. This encroachment, however, leaves only the original 20 feet
as granted by Los Angeles County. As stated previously, today's code
3
requires the front setback at 30 feet. This is a special circumstance
applicable to the property that makes strict enforcement impractical and
would create unnecessary hardship to the applicant.
The. terrain in the vicinity of application from Derringer Lana, Indian
Creek Road and Falcon's View Drive is a downward slope. The adjoining
properties on both sides are vacant lots. The two-story structure on
this site will not significantly affect surrounding 'properties from
detrimental view blockage impact.
The proposed project's architectural style is Mediterranean. The style
is similar and proposed colors are the same as the existing structure
and are compatible with the eclectic architectural style of other homes
within Tract No. 23483 and "The Country Estates." The following
materials and colors.will be utilized: '
® Exterior stucco - X-48, Meadowbrook off-white;
® Wood Trim - Dunn Edwards, What's Left;
® Roof tile - Terra Cotta blends, clay s -tile;
® Windows - White Vinyl
® Wrought Iron - Dunn Edwards, Swiss Coffee
® Architectural Precast - Dunn Edwards, Swiss,Coffee
The proposed single-family structure consists of a two-story addition
and remodel, adding a carport and decks. The first story contains a
foyer, kitchen, wet bar in conjunction with main kitchen, pantry, nook,
dining room, living room, family room, billiards room with wet bar, hall
bath, bedroom with bath and walk -in -closet, maids room with bath, powder
room, and three car garage. The second story contains a master bedroom
suite with wardrobes, exercise room, storage, and bath, library, study,
powder room, storage, laundry, two bedrooms -one with walk -in -closet and
adjoining bath.
A.landscape/irrigation plan was submitted for review and approval with
this project's application delineating the type of planting materials,
color, size, quantity and location as existing. A subsequent plan with
planting materials shall be submitted for all new planting materials. It
is required that the front yard landscaping/ irrigation be installed
prior to the Planning Division's final inspection or Certificate of
Occupancy's issuance. Any walls, gates, fountains, etc. that may be
proposed within the front setback shall not be in the street's dedicated
easement. .,Any such structure or plant material proposed within this
front setback shall not exceed a height of 42 inches. The new driveway
is not noted as to color and design. The applicant shall provide colors
and design to the Planning Division for approval.
4
Pursuant to Section 22.38, Tree Preservation and Protection, the
applicant has submitted that no Oak trees, Walnut trees, California
Pepper, or Arroyo Willows are in existence on the site.
The carport columns are located at the side yard setback of 10 feet on
the'west side per the elevations. Per the Development Code, the roof
overhang for the carport shall encroach no further than 30 inches.
Adjacent to the proposed addition/ remodel, in the rear yard -is an
existing retaining wall, as well as a block wall behind, the proposed
carport. The applicant is required to verify the adequacy of,the walls
with the proposed structure and to provide an updated soils report as
required by the Public Works Division. These existing walls and the
soils report shall be a condition of approval.
The Public Works Division and the Building and Safety Division reviewed
this project. Their recommendations are a component of the draft
resolution.
NOTICE OF PUBLIC HEARING:
This item has been advertised in the San Gabriel Valley Tribune and the
Inland Valley Daily Bulletin newspapers on April 2, 1999. Thirty-three
property owners within a 500 -feet radius of the project site were
notified by mail on April 1, 1999. The owner was required to post at
the site and sites within the Country.
ENVIRONMENTAL ASSESSMENT:
The environmental evaluation shows that the proposed project is
categorically exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15301 (e)(2).
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve Development Review
No. 99-03 and Variance No. 99-03, Findings of Fact, and conditions of
approval, as listed within the attached resolution.
REQUIRED DEVELOPMENT REVIEW FINDINGS:
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 specialized area
5
(e.g., theme areas, specific plans, community plans, boulevards, or
planned developments);
2. The design and layout of the proposed development will not interfere
.with the use and enjoyment of neighboring existing or future
development, and will not create traffic or pedestrian hazards;
3. The architectural design of the proposed development is compatible
with the characteristics 'of the surrounding neighborhood and will
maintain and enhance the harmonious orderly and attractive
development contemplated by Chapter 22.48, the General Plan, City
Design Guidelinesi or any applicable specific plan;
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public; as well as, its
neighbors through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing;
5. The proposed project will not be detrimental to the public health,
safety or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity; and
E. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
.1 There are special circumstances applicable to the property (e.g.,
location, size, shape, surrounding, topography or other conditions),
so that the strict application of the City's Development Code denies
the property owner privileges enjoyed by other owners,in the vicinity
and under identical zoning districts or creates an unnecessary and
non -self created, hardship or unreasonable regulation which makes it
obviously impractical to require compliance with the development
standards;
2. Granting the Variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other property owners in
the same vicinity and zoning districts and denied to the property
owner for which the Variance is sought;
3. Grantina the Variance is consistent with the General Plan and any
applicable specific plan;
4. The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City; and
0
5. The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
Prepared by:
Linda Kay Stni
Development Services Assistant
ATTACHMENTS:
1. Draft Resolution of Approval;
2. Exhibit "All - site plan, floor plan, elevations and materials/
colors board, landscape plan dated Match 23, 1999;
3. Application;
4. Oak Tree Statement dated December 17,1998;
5. Copy of Tract Map No. 23483, Lot 61's easements;
D:WORD-LINDA\PLANCOMM\PROJECTS\DR99-03\DR99-03REP
N
PLANNING COMMISSION
RESOLUTION NO. 99 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY --OF DIAMOND EAR ' APPROVING DEVELOPMENT
REVIEW NO. 99-03 AND VARIANCE NO. 99-03, A
REQUEST TO CONSTRUCT A 3,917 SQUARE FOOT TWO-
STORY ADDITION AND EXTERIOR REMODEL WITH
CARPORT AND DECKS TO AN EXISTING 3,108 SQUARE
FOOT, ONE-STORY, SINGLE FAMILY RESIDENCE WITH
THREE -CAR GARAGE. THE PROJECT SITE IS LOCATED
AT 2194 INDIAN CREEK ROAD (LOT 61 OF TRACT MAP
,NO. 23483), DIAMOND BAR CA.
A. Recitals
1. The property owner/applicant, Robert Granato, has filed
an application to approve Development Review No. 99-03
and Variance No. 99-03 for a property located at 2194
Indian Creek Road, Diamond Bar, Los Angeles County,
California and part of the gated development identified
as "The Country Estates", as described in the title of
this Resolution. Hereinafter in this Resolution, the
subject Development Review and Variance shall be referred
to as the "Application".
2. The Planning Commission of the City of Diamond Bar, on
April 13, 1999, conducted a duly noticed public hearing
on the Application.
3. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on April 2, 1999.
Thirty-three property owners within a -500 -foot radius of
the project site were notified by mail on April 1, 1999.
The owner was required to post at, the site and sites
within the Country.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution is
categorically exempt from, the requirements of the
California Environmental Quality Act of 1970 (CEQA),and
1
PRAr 7
guidelines promulgated thereunder. This is pursuant to
Section 15301 (e)(2) of Article 19 of Chapter 3, Title 14
of the California Code of Regulations.
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings ,set.forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
commission that'the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein,
this Planning Commission, hereby finds as follows:
(a) The project relates to a site developed with an
existing 3,108 square foot, one-story, single
family residence with three -car garage at 2194
Indian Creek Road (Lot 61 of Tract No. 23483),
Diamond Bar, CA, within the gated community
identified as "The Country Estates." The project
site is approximately 1.36 gross acres and 1.15 net
acres. It is pie -shaped, narrowing and sloping
downward toward the rear, southerly exposure. The
current residence and proposed structure are within
the buildable pad area. A prior approval, Yard
Modification No. 95-1, approved a tennis court and
retaining wall allowing mitigation of a landslide
area while leaving much of the site and slopes in
open space. Though not applicable to this
application, a "flood hazard" area exists at the
rear of the site per Tract Map 23483.
(b) The project site is zoned Single-family Residence -
Minimum Lot Size One Acre Rural Residential (RR)
Zone. Its General Plan Land Use designation is
Rural Residential (RR).
(c) Generally, the following zones surround the subject
site: to the north, south, east and west is the
Rural Residential (RR) Zone.
(d) The application is a request to construct a 3,917
square foot two-story addition and exterior remodel
with carport and decks.
2
i .. J* RcAr`207
DEVELOPMENT REVIEW
(e) 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
specialized area (e.g., theme areas, specific
plans, community plans, boulevards, or planned
developments).
The project site, currently developed with a one-
story single-family residence, was established
before the adoption of the City's General Plan.
However, the proposed project complies with the
elements of the adopted General Plan of July 25,
1995, which has a land use designation of Rural
Residential (1 du/acre). Additionally, the
proposed project complies with the City's General
Plan objectives and . strategies related to
maintaining the integrity of residential
neighborhoods and open space. Furthermore, the
applicant has obtained the approval of "The Country
Estates" Homeowners' Association architectural
committee.
(f) The design and layout of the proposed development
will not interfere with the use and enjoyment of
neighboring existing or future development, and
will not create traffic or pedestrian hazards.
The project site is currently developed with a one-
story single-family residence. The proposed
addition, deck, and exterior remodeling do not
change the existing use of a one-story single-
family residence. Although the proposed addition
enlarges the existing residence, it is not expected
to unreasonably interfere with the use -and
enjoyment of neighboring existing or future
development, and will not create traffic or
pedestrian hazards.
The project site is adequately served by Indian
Creek Road. This private street is designed to
handle. minimum traffic created by this type of
development.
(g) The architectural design of the proposed development
is compatible with the characteristics of the
surrounding' neighborhood and will maintain the
harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan,
3
VARIANCE
City Design Guidelines, or any applicable specific
plan.
The proposed project's architectural design is
compatible with the eclectic architectural style of
other homes within "The Country Estates."
Additionally, the colors and materials utilized are
compatible with the homes within the surrounding
area and the same as the existing residence. The
applicant -has obtained the approval of the
architectural committee of "The Country Estates."
(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.
A project colors/materials board is provided as
Exhibit "A". The colors, materials, and textures
proposed are complimentary to the existing homes
within the area. while offering variety and low
levels of maintenance.
(i) The proposed project will not be detrimental to the
public health, safety, or -welfare or materially
injurious (e.g., negative affect on property values
or resale(s) of property) to the properties or
improvements in the vicinity.
City permits, inspections and soils reports are
required for construction and will ensure that the
finished project will not be detrimental to the
public health, safety, or welfare, or materially
injurious to the properties or improvements in the
vicinity.
(j) The proposed project has been reviewed in compliance
with the provisions of the California Environmental
Quality Act (CEQA).
The environmental evaluation shows that the proposed
project is categorically exempt pursuant to the
guidelines of the California Environmental Quality
Act of 1970 (CEQA), Section 15301 (e)(2).
(k) There are special circumstances applicable to the
property (e.g., location, size, shape, surrounding,
topography or other conditions), so that the strict
4
r--! ,. r rr, / ". �
)1 R
L
,..,� L
application of the City's Development Code denies
the property owner privileges enjoyed by other
owners in the vicinity and under identical zoning
districts or creates an unnecessary and non -self
created, hardship or unreasonable regulation which
makes it obviously impractical to require
compliance with the development standards.
The existing pie -shaped lot's buildable pad curves
in the front. 'The existing house in front. is
between 21 to 23 feet at the closest point on the
radius from the property line. Expansion- of the
structure to the south is limited due to mitigation
measures of retaining wall for a. previous
landslide. An existing pool on the east side of
the existing structure constricts expansion in that
direction. Therefore, building a second story
facilitates expansion on this pad for a habitable
structure. The post and beam framing required to
support the second story encroaches 11-�-3 feet into
the existing front setback allowing the first floor
of the, home to remain as existing. The varying
encroachment allows for architectural styling
rather than having a flat box -like structure on the
site. This encroachment, however, leaves only the
original 20 feet as granted -by Los Angeles County.
The existing structure is considered a
nonconforming structure since the adoption of the
December 3, 1998 Development Code. Though today's
code requires the front setback at 30 feet, this is
a special circumstance applicable to the property
that makes strict enforcement impractical and would
create unnecessary hardship to the applicant.
Granting' the Variance
preservation and enjoyment
rights possessed by other
same vicinity and zoning
the property owner for
sought.
is necessary for the
of substantial property
property owners in - the
districts and denied to
which the Variance is
As stated above in Item (k), the existing structure
is considered nonconforming. The granting of the
Variance will allow the applicant to support the
second story for expansion of the dwelling unit
with post and beam framing, leaving much of the
first floor structure in tact. Many structures
within the "Country Estates" have been able to
utilize this same technique.
5
LIL
(m) Granting the Variance is consistent with the General
Plan and any applicable specific plan.
The architecture of the undulating front facade of
proposed structure is consistent with the General
Plan and other projects within "The Country
Estates." The visual character and quality
eliminates a flat box -like structure.
(n) The proposed entitlement would not be detrimental to
the public interest, health, -safety, convenience,
or welfare of the City.
City permits, inspections and soils reports are
required for construction and will ensure that the
finished project will not be detrimental to the
public interest, health, safety, convenience, or
welfare, of the City.
(o) The proposed entitlement has been reviewed in
compliance with the provisions of the California
Environmental Quality Act (CEQA).
Pursuant to Section 15301 (e)(2) of Article 19 of
Chapter 3, Title 14 of the California Code of
Regulations, the City has - determined that the
project identified above in this Resolution is
categorically exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA)
and guidelines promulgated thereunder. No further
public review is required.
5. Based upon the findings and conclusion set forth above,
the Planning Commission hereby approves this Application
subject to the following conditions:
(a) The project shall substantially conform to site
plan, floor plans, elevations and materials/colors
board collectively labeled as Exhibit "A" dated
April 13, 1999, as submitted to and approved by the
Planning Commission.
(b) The subject site shall be maintained in a condition
that is free of debris both during and after the
construction, addition, or implementation of the
entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or
subsequent to construction, shall be done only by
the property owner, applicant or by duly permitted
waste contractor, who has been authorized by the
City to provide collection, transportation, and
6
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) Before construction begins, the applicant shall
install temporary Construction fencing pursuant to
the Building and Safety Division'srequirements
along the project site's perimeter. This fencing
shall remain until the Building Official approves
its removal.
(d) The landscape/ irrigation plan has been submitted
with this application delineating the type of
planting materials, color, size, quantity and
location as existing. A subsequent plan with
planting materials shall be submitted for all new
planting materials. The front landscaping shall be
installed prior to the Planning Division's final
inspection or Certificate of Occupancy issuance.
Additionally, any walls, gates, fountains,. etc.
that may be proposed within the front setback shall
not exceed 42 inches in height or be constructed
within the street's dedicated easement. Driveway
color and design shall be provided for Planning
Division approval prior to Planning Division's
final inspection.
(e) A grading plan/retaining wall plan review and
approval is 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. If cut/fill quantities are
greater than 50 cubic yards, in accordance with the
City's grading requirements, the grading plan shall
be reviewed and approved by the City before the
issuance of a grading permit. On a grading plan the
following shall be delineated:
(1) Cut and fill quantities and earthwork
calculations;
(2) All flow lines, finished surfaces, and
finished grades;
(3) Proper drainage with detailed sketches;
(4) Proposed and existing grades;
(5) Sign/stamped by a civil engineer, geotechnical
engineer and geologist;
(6).- Clearly delineate all easements;
7
(7) Indicate retaining wall locations on grading
plan and delineate:
(a) Top of wall;
(b) Top of footing;.
(c) Finish Surface;
(d) Structural calculations; and
(e) Retaining wall shall not exceed a
height of six feet.
(8) Existing retaining walls shall be.part*of the
submittal and approval.
Applicant shall submit a soils report for the
proposed improvements to be reviewed and approved
by the City. The soils report shall also reference
the suitability of the retaining walls to withstand
pressure of the retained soils and proposed
development.
(g) Applicant shall verify that the project site is
currently connected to the public sewer system and
impacts on the sewage capacity as a result of the
proposed addition shall be mitigated.
(h) The single-family structure shall meet the 1994
U.B.C., U.P.C., U.M.C., and the 1993 National
Electric Code requirements.,
(i) The minimum design wind pressure shall be 80 miles
per hour and "C" exposure.
(j) The single-family structure is located in "Fire Zone
41' 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 1-4
inch nor more than � inch in any dimension
except where such openings are equipped with
sash or door;
(4) Chimneys shall have spark arresters of maximum
1-i inch screen.
(k) This single-family structure shall meet the State
Energy Conservation Standards.
8
L 2,
Drainage pattern shall be reviewed and approved by
the Public Works Division; surface water shall
drain awayfrom the building at a 2% minimum slope.
(n) Driveway grade and design shall.be approved by the
Fire Department.
(o) Per the Development Code, the roof overhang for the
carport on the west side shall encroach no further
than 30 inches into the setback.
(p) Due to the site's topography, Applicant shall comply
with special design requirements as specified in
the U.B.C., Section 18.4.3, building setback, top
and toe of slopes.
(q) The Applicant shall comply with Planning and Zoning;
Building and Safety; and, Public Works and Fire
Department requirements.
(r) This grant is valid for two (2) years and shall be
exercised (i.e. construction) within that period or
this grant shall expire. A one -(l) year extension
may be approved when submitted to the City in
writing at least 60 days prior to the expiration
date. The Planning Commission will consider the
extension request at a duly noticed public hearing
in accordance with Chapter 22.72 of the city of
Diamond Bar Development Code.
(s) 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 and agree to accept all
the conditions•of this grant. Further, this grant
shall not be effective until the permittee pays
remaining City processing fees.
(t) If the Department of Fish and Game determines that
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary handling fee in connection with Fish
and Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
because the project has more than a deminimis
9
impact on fish and wildlife, the applicant shall
also pay to the Department of Fish and Game any
such fee and any fine which the Department
determines to be owed.
The Planning Commission shall:
(a). Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail to Robert Granato,
2194 Indian Creek Road, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 13TH DAY OF APRIL 1999, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Steve Tye, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted, at a regular meeting of the Planning Commission held
on the 13th day of April, 1999, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
James DeStefano, Secretary
D':WORD-'LINDA\PLANCOMM\PROJECTS\DR99-3 VAR99-3 WAS ADR99-02\RESODR99-03
PH
CITY OF DIAMOND BAR
DEPARTMENT OF
COMMUNITY & DEVELOPMENT SERVICES
Planning Division
21660 E. Copley Drive Suite 190, Diamond Bar, CA 91765
, (909)396-5676 Fax(909)861-3117
VARIANCE APPLICATION
Record Owner Applicant
Name. ("' Pr n t )� -�0
(Last name first) / (Last name fust)
Address (`� y
city
Zip
Phone(t 1)� % 1'l�' lJ �• T Phone( )
Fax (; e. `! Fax ( )
h
Phone( )
Fax ( )
Case #
FPL #
Deposit S
Receipt #
By
Date Recd
FOR CrrY USE
Applicant's Agent
(Last name fust)
NOTE: It is the applicant's responsibility'to notify the City in writing of any change of the principals involved during the
processing of this case.
(Attach separate sheet, if necessary, including names, addresses, and signatures of members of partneiships, joint ventures, and
directors of corporations.)
Consent: 1 certify that I am the owner of the herein described property and permit the applicant to file this request
Signed
'
Date
�-
All record owners) -
Certification: I the undersigned, herebY cerunder penalty hofer!urthat the information herein provided is -correct to the
best of my knowledge.
Print Name 1�
(Applicant or Agent)
/.
Signed ' '` L �� i'�'c_ !� >-�%'��
Date
(Applicant or Agent)
Location -�; L4
I
_ (Street address or tract and lot number)
between ' : ^� � kJ [/•, e' L", and
C_ _� { /•� >c
(.. �= �' �' /C
(Street)
(Street)
Zoning House Numbering Map
City of Diamond Bar
VARIANCE APPLICATION
Project Size (gross acres) >" Project Density
Previous Cases (
Present Use of Site
v
fort=�
Domestic Water Source
Method of Sewage Disposal 6�-C)
Grading of Lots by Applicant? YES NO
(Show necessary grading design on site plan or tent. map)
Company/District i
Sanitation District? -
Amount k
Page Two
LEGAL DESCRIPTION (All ownership comprising the proposed lots/project). If petitioning for zone change, attach legal description
of exterior boundaries of area subject to the change.)
1-7" �- / i :_2 3 5/x'3
Project Site: / 6 /
Gross Area No. of Lots
Area devoted to : Structures
Residential project:
Gross Area
Proposed Density
Units/Acres
Number and types of Units
Residential Parking: Type
Open Space
and
No. of floors
Required 2 Provided
Total Required 49-- Total Provided
hearing meeting scheduled. The results of the staffs environmental review (Initial Study) will be sent to you as soon as possible. AT
THE TRa THE INITIAL STUDY IS COMPLETED, YOU WILL ALSO BE INFORMED OF ANY ADDITIONAL
ENVIRONMENTAL FEES REQUIRED. Questions regarding the Initial Study should be directed to the Diamond Bar Community and
Development Services Department, Planning Division.
VARIANCE CASE -BURDEN OF PROOF
In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission.
the following facts: (answers must be full and complete)
A. That there are special circumstances or exceptional characteristics applicable to the property involved. such as size, shape,
topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under
identical zoning classification.
in/?�'S�' ��•(' r�Z' •�:��._ �S l�t.'l�l/v7 ZC . �t'�'" �/>`�. /'c.c��, a� � C
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B. That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed b-,
owners of other property in the same vicinity and zone.
C. 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 same vicinity and zone.
i� i : L `� ; t` � �-i �•J ' .•r -s, S �✓ � C � 'L S �!/C� G ✓ 7` ' / `�-i �1- c' S-
r
Requirements for Variance Application 3
INSTRUCTIONS FOR COMPLETING
INITIAL STUDY QUESTIONNAIRE
TO THE APPLICANT:
The California Environmental Quality Act (CEQA) requires a review of your proposed project for possible environmental impacts. This
Initial Study process is intended to determine the type of environmental documentation necessary to have your project considered by the
City. The Initial Study consists of a completed questionnaire and other material which you must provide and an analysis of potential
impacts prepared by staff, often with the input from reviewing agencies with special expertise. This process can be expedited with your
cooperation.
The project file must include the following exhibits, which you must provide.
I. Initial Study Questionnaire -
In completing this questionnaire, all questions should be answered as completely as possible (attach extra pages if necessary).
If requesting a land division, it should be anticipated that future development will take place, and the questionnaire completed
accordingly. Preliminary grading and/or development concepts should be submitted, even if no immediate construction is
anticipated.
2. Development Plan with contours showing:
a. The location and layout of the proposed development or possible pad location;
b. Native vegetation, including the location, spread, health and circumference (measured 4 1/2 feet above ground level)
of any oak, walnut, sycamore, California pepper and arroyo willow trees.
C. Existing and proposed landscaping.
3. Vicinity Map of appropriate scale showing the subject property in relation to nearby streets and other significant physical
features. Street maps (such as Thomas Guide) in urban areas or U.S.G.S. Quad Sheets in rural areas should be used. (Quad
Sheets area available at many map stores or from the Department of the interior Geologic Survey, 300 North Los Angeles Street,
Room 7638, Los Angeles. (this is the Federal Building in Los Angeles Civic Center.)
4. Photographs of the site, pad locations and surrounding area. An index map keyed to the photographs should be provided,
showing the location and direction of each photograph.
5. Generalized land use map of appropriate scale for the project site and surrounding properties, with uses clearly labeled.
Be certain that the project number(s) is on all material (e.g. maps, photographs, questionnaire).
FAILURE TO SUBMIT ALL REQUESTED MATERIALS AND TO PROVIDE COMPLETE QUESTIONNAIRE INFORMATION .
CAN RESULT IN DELAYS IN PROCESSING YOUR CASE.
Staff Use
Project No.
INITIAL STUDY QUESTIONNAIRE
(to be completed by applicant)
A. GENERAL INFORMATION
Project Applicant (Owner): Project Representative:
' NAME
ADDRESS
PHONE # FAX#
1. Action requested and project description:
NAME
ADDRESS
PHONE # FAX#
2. Street location of project: /121 -t
3. Present use of site:
4. Previous use of site or structures:
5. Project Description
a. Site Size (total area)
b. Square Footage (covered by structures, paving >'
C. Number of floors of construction ~�
d. Amount of o$ -street parking provided
e. Landscaping, open space
f. Propose scheduling
g. Associated projects
h. Anticipated incremental development
Initial Study Questionnaire -Page t
R1
7
8
E
10
1.
H
If residential, include the number of units, schedule of unit sizes
size expected) / ii �z , f - - -;f >.�" ,
of sale prices or rents and type of household
If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and
loading facilities. /1
k. If industrial, indicate typeeitimated employment per shift, and loading facilities
1. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities,
and community benefits to he derived from the project.
'OY.
M. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the
application is required. / /
1
l �- •oL i ,, .. r�-e c � f �� �e > ✓ ,-C,.-e ..tee � i... � it •fie •L,.�..-r •r- .�
Please list all previous cases (if any) related to this project:
� / /?? 5S__1
List related permit/approvals required. * Specify type and granting agency.
Are you planning future phases of this project?
If yes, explain:
Present zoning: )C �-
Y N '
Water and sewer service: Domestic Public
Water Sewers
Does service exist at site? YY_ N_ YL N
If yes, do purveyors have
capacity to meet demand of
project and all other approved
projects? Y N — YL N
Initial Study Questionnaire -Page 2
If domestic water or public sewers are not available, how will these services be provided?
1l. Residential Projects:
a. Number and type of units:
. J ,
V. Floor area of each unit: �%C. �� f `%�! '`re ' c'. -! : i .
C. Number of floors .
d. Schools:
r /
What school district(s) serves the property? Wit- r / �� �� 4
Are existing school facilities adequate to meet project needs? YES NO
If not, what provisions Will be made for additional classrooms?
12. Non-residential projects: (commercial, industrial, institutional) A)
a. Distance to nearest residential use or sensitive use (school, hospital, etc.)
b. Number and floor area of buildings:
C. Number of employees and shifts:
d. Maximum employees per shift:
e. Operating hours:
f. Community benefit to be derived from project:
g: Identify any: End products
Waste products
Means of disposal
It. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or
radioactive materials? YES NO
If y: -s,, explain
Initial Study Questionnaire -Page 3
L Do your operations require any pressurized tanks? YES NO LZ
If yes, explain
j. Identify any flammable, reactive or explosive materials to be located on-site.
k.
Will delivery or shipment trucks travel through residential areas to reach the nearest highway?
YES NO •.
If yes, explain
13. Associated Projects
14. Anticipated incremental development
15. If residential, include the number of units, schedule of unit sizes .v _F
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area and loading facilities.
17. If industrial, indicate type, estimated employment per§hifl, and loading facilities
A' /.
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, .
loading facilities, and community benefits to be derived from the project.
Initial Study Questionnaire -Page 4
B. ENVIRONMENTAL INFORMATION
(to be completed by applicant)
1. Environmental Setting --Project Site
a. Existing use/structures�_�
b. Topography/slopes
*c. Vegetation
*d. Animals /Z --l!",'�i- —
*e.
J
f. Cultural/historical resources
g. Other C
2. Environmental Setting -- Surrounding Arca
a. Existing uses structures (types, densities):
b. Topograpby/slopes X /
*c. VeDetation
*d. Animals
Initial Study Questionnaire -Page 5
*e. Watercourses
f Cultural/historical resources
g. Other - I-
* Answers are not required if the area does not contain natural, undeveloped land.
3. Are there any major trees on the site, including oak trees, wa t trees, sycamore, California pepper and arroyo willow?
YES NO
If yes, type and number:
4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?:
YES NO
If yes, explain:
5. Grading:
Will the. project require grading? YES NO v
If yes, how many cubic yards?
Will it be balanced on-site? YES No
If not balanced, where will dirt be obtained or deposited?
6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)?
YES NOLO J
If yes, explain:
7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)?
YES d NO
Distance to nearest fire station:
Initial Study Questionnaire -Page 6
S. Noise:
Existing noise sources at site: Z
Noise or vibration to be generated by project:
9. Fumes:
Odors generated by project: 2944 x— '
Could toxic fumes be generated?
10. Dust:
Dust, ash, or smoke generated by project: SLC'-�L.�C�z
11. What energy -conserving designs or material will be used? ��, �� � A Ae/z
CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to st of my knowledge and be e
'f.
Date Signature
For:
Initial Study Questionnaire -Page 7
CITY OF DIAMOND BAR
COAEgUTNITY DEVELOPMENT DEPARTMENT
21660 E. Copley Drive Suite 190
(909)396-5676 Fax (909)861-3117
DEVELOPMENT REVIEW APPLICATION
,�gq
Record Owner
Name 6 04A) 13 i l 26geil-t
(Last name first)
Address 2 1 "l N
Aa/ --
zip
e(.
Phon 7��(�:
Applicant
5f�int
(Last name first)
Case#
FPL #
Deposit $
Receipt!#
By
Date Rec'd
Applicant's Agent
(Last name first)
Phone( ) Phone( )
NOTE: It is the applicant's responsibility to notify the Community Development Director inwriting of any change of the
principals involved during the processing of this case. -
(Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors
of corporations.)
Consent: I certify that I am the owner of the herein described property and permit the applicant to file this request.
Signed/ �G �-/l -�' �c =� r iC. 74 C. Date
(All record owners) -
Cenifiration: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct
to the best of my knowledge.
Print Name
(Applicant or Agent) /
Signed ,�` �rr'�� ✓ �� !i i . �l <: Date
(Applicant or Agent)
Location v� �% -( ItCi 1 !_ 1-'Z�,� • ,�'%
(Street address or tract and lot number)
Zoning
Previous Cases
Present Use of Site „/ I iti
Use applied for K_e t!'I c.•
Ste,
Legal description (all ownership comprising the proposed 10t(s)/parcel(s))
Area devoted to structures Landscaping/Open space 4��/
Project Size Lot Coverage Proposed densityJ
(Units/Acres)
Style of Architecture 4 7.1 ✓° k't
' � ---
Number of Floors Proposed r� 2 Slope of Roof 2
Grading A! If yes, Quantity
Cut Fill
Import If yes, Quantity
Export .el-, If yes, Quantity
OAK TREE STATEMENT
[ ] The subject property contains no oak trees.
[ ] The subject property contains one or more oak trees, however the
applicant anticipates that no activity (grading and/or construction) will take
place within five (5) feet of the outer dripline of any oak trees.
[ ] The subject property contains one or more oak trees and the applicant
states that activity (grading and/or construction) will take place within five
(5) feet of the outer dripline of any oak tree. An Oak Tree Permit has
been or will be applied for prior to any activity taking place on the
property.
Applican ' ignature
1'-'-2--A/- 9F"
Date
0
N
0
pAces M
Iro
I
YV✓t My 1N�ivY
end: iirrsdrrvn
/5
ITEM 8.2 DR 99-03/VAR 99-03
2194 Indian Creek Roa4
Staff Report and Draft Resolution located in Project File.
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NOTICE OF PUBLIC MEETIN,
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY'OF LOS I ANGELES -' )
CITY OF DIA&bjO D BAR )
The Diamond Bar Planning Commission will hold a regular meeting at the South Coast
Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, at 7:00 P.M. on
April 13, 1999.
Items for consideration are listed on the attached agenda.
I, John Ilasin, declare as follows:
I work for the City of Diamond Bar in the Community and Development Services
Department; that copies of the Notice for the Regular Meeting of the Diamond Bar Planning
Commission, to be held on April 13, 1999, were posted at their proper locations.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on April 9, 1999, at Diamond Bar, California.
hn Ilasm
Community and Development Services Dept.
D.Wa&davitpostingdoc
Fid M I d
ning
and is ready fob
File
ori re d by
and is f a
destruction by City Clerk