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HomeMy WebLinkAbout12/23/2003South Coast Air Quality Management District Government Center Building Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Tye Dan Nolan Steven Nelson Jack Tanaka Osman Wei Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept, of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title /I of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium The Bar uses recycled paper and encourages you to do the same City of Diamond Bar Planning Commission PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are . welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839.7030 email: info@ci.diamond-bar.ca.us Next Resolution No. 2003-37 PLEDGE OF ALLEGIANCE: 1 ROLL CALL: COMMISSIONERS: Chairman Steve Tye, Vice -Chairman Dan Nolan, Steve Nelson, Jack Tanaka, and Osman Wei P71A 3. -14 61 R1 N 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 voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. APPROVAL OF AGENDA: Chairman CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: OLD BUSINESS: None. NEW BUSINESS: None. CONTINUED PUBLIC HEARING(S): December 9, 2003. 7.1 Development Review No. 2003-25 (pursuant to Code Section 22.48) is a request to remodel and construct an approximate 1,020 square feet second story addition to an existing 1,995 square feet one story single-family residence with a two car garage. (Continued from December 9, 2003) Project Address: 826 Great Bend Drive Diamond Bar, CA 91765 December 23, 2003 Page 2 PLANNING COMMISSION E-13 4 10. Property Owner Michael and Christine Whatley 826 Great Bend Drive Diamond Bar, CA 91765 Applicant: ProBuilder, Kenn Coble 449 W. Allen Avenue, #109 San Dimas, CA 91773 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is Categorically Exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2003-25, Findings of Fact, and conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing- dates for future projects. SCHEDULE OF FUTURE EVENTS: HOLIDAY DIAMOND RIDE: November 28, 2003, through January 2, 2004 Free transportation to/from any commercial or retail center in Diamond Bar. Call 800-578-6555 for service CHRISTMAS HOLIDAY: City offices will be closed Wednesday, December 24, 2003, and Thursday December 25, 2003. City offices will re -open Friday, December 26, 2003 HOLIDAY TREE CURBSIDE December 26, 2003, through January 9, 2004. COLLECTION PROGRAM: Trees free of decorations and non -wood stands may be left at the curb for free pick up CITY SPONSORED December 26, 2003, to January 17, 2004. ELECTRONIC WASTE PICK UP: Free removal of TVs, VCR's Computer Monitors, CD Players, Telephones, Radios, etc. Early reservations will be taken starting December 15, 2003, by calling 800-449-7587 December 23, 2003 16, W� G NEW YEAR'S DAY HOLIDAY: CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: ADMINISTRATIVE REVIEW MEETING: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Page 3 PLANNING COMMISSION City offices will be closed Thursday, January 1, 2004, in observance of the holiday. City offices will re -open Friday, January 2, 2004. Tuesday, January 6, 2004 - 6:30 p.m. Government Center/AQMD Auditorium 21865 E. Copley Drive Thursday, January 8, 2004 — 7:00 p.m. Government Ctr/AQMD Hearing Board Room 21865 E. Copley Drive Tuesday, January 13, 2004 - 6:00 p.m. Government Center/SCAQMQ Auditorium 21865 E. Copley Drive Tuesday, January 13 2004- 7:00 p.m. Government Center/SCAQMD Auditorium 21865 E. Copley Drive Thursday, January 22, 2004 - 7:00 p.m. Government Ctr/AQMD Hearing Board Room 21865 E. Copley Drive Filevie ed OPi viG and 18 'ready y Ibr r' — r L L MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DECEMBER 9, 2003 CALL TO ORDER: Chairman Tye called the meeting to order at 7:04 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Chairman Tye led the Pledge of Allegiance. it a K 4. ROLL CALL: Present: Chairman Steve Tye, and Commissioners Steve Nelson, Jack Tanaka and Osman Wei. Vice Chairman Dan Nolan was excused. Also present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Marisa Somenzi, Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 4.1 Approval of November 25, 2003, Regular Meeting minutes. C/Tanaka moved, C/Nelson seconded, to approve the November 25, 2003, Regular Meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Nelson, Tanaka, Wei, Chair/Tye None VC/Nolan DECEMBER 9, 2003 PAGE 2 PLANNING COMMISSION 7.1 Development Review No. 2003-20/minor Conditional Use Permit No. 2003-15 and Tree Permit No. 203-07 (pursuant to Code Sections 22.48, 22.68, and 22.56) is a request to remodel and construct an approximate 1,352 livable square foot addition, a 498 square foot two car garage, and a 532 square foot deck/balcony to an existing 4,945 square foot two story single-family residence with a three car garage. A Minor conditional Use Permit is to allow the continuation of a legal nonconforming 24 -foot front yard setback distance. A tree permit is required for the removal/replacement of a preserved/protected sycamore tree. PROJECT ADDRESS 2617 Wagon Train Lane (APN 871 1 3-01 3-01 1) Diamond Bar, CA 91765 Ram Kumar 2617 Wagon Train Lane Diamond bar, CA 91765 APPLICANT: SW Simon Shum and Rodel Urmatan 20272 Carrey Road Walnut, CA 91789 DCM/DeStefano reported that the property owner has withdrawn the project and no further Planning Commission action is required. Due to recently submitted scaled-back plans, the project no longer requires a public hearing. 7.2 Development Review No. 2003-33 and Minor Conditional Use Permit No. 2003-13 (pursuant to Code Sections 22.48, 22.68, and 22.56) is a request to remodel and construct an approximate 1,040 square foot addition to an existing 1,700 square foot one story single-family residence with a two car garage. A Minor Conditional Use Permit is to allow the continuation of a legal nonconforming 15 feet front yard setback distance. PROJECT ADDRESS: 313 Gunsmoke Drive Diamond Bar, CA 91765 DECEMBER 9, 2003 PROPERTY OWNER/ APPLICANT: PAGE 3 PLANNING COMMISSION Philippe Colin 313 Gunsmoke Diamond Bar, CA 91765 DCM/DeStefano reported that the applicant has requested and staff recommends that this matter be continued to the January 13, 2004. Chair/Tye opened the public hearing. There was no testimony offered. C/Nelson moved, C/Wei seconded, to continue Development Review No. 2003-33 and Minor Conditional Use Permit No. 2003-13 to January 13, 2004. Without objection, the motion was so ordered with VC/Nolan being absent. 7.3 Development Review No. 2003-25 (pursuant to Code Section 22.48) is a request to remodel and construct an approximate 1,020 square foot second story addition to an existing 1,995 square foot one story single-family residence with a two -car garage. PROJECT ADDRESS 826 Great Bend Drive Diamond bar, CA 91765 Michael and Christine Whatley 826 Great Bend Drive Diamond Bar, CA 91765 APPLICANT: ProBuilder, Kenn Coble 449 W. Allen Avenue #109 San Dimas, CA 91773 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-25, Findings of Fact, and conditions of approval as listed within the draft resolution. Kenn Coble, applicant, said that ProBuilder was sensitive to the design standards of the neighborhood. ProBuilder believes that this project presents no or very minor impact to view. Chair/Tye opened the public hearing. �Z.. - . . , , . - DECEMBER 9,2003 PAGE 4 PLANNING COMMISSION Sue Janicki, (speaking for herself and on behalf of her husband, Robert) 832 Great Bend Drive, referred to a letter they submitted to the City outlining their opposition to this project because it will compromise their panoramic view. If the applicant builds a second story it would be situated in front of that window. Mr. Janicki chose his house 30 years ago specifically for the unobstructed view. Mr. and Mrs. Janicki feel that cutting out the view would greatly diminish the enjoyment and reduce the value of, their property. They would appreciate it if an alternative could be explored. Mike Whatley, property owner, appreciated his neighbor's opinion and what it means to have a view. He intends to remain in the property for some time to come. He disagrees that his project. obstructs his neighbor's view. The neighbor's view window and balcony are located on the southeast corner of their house. This project is being built on the northwest corner. He has trouble envisioning an obstruction of view from that particular angle. He did not believe he was violating the particular section of the code, from which he read. Additionally, staff performed an analysis that indicated there was no view obstruction. Sue Janicki returned to the podium and presented a picture from her window on the side of her house looking westward that depicted the view that would be lost if the applicant were allowed to construct a second story. Mrs. Janicki indicated to C/Nelson that their window is approximately six feet wide. The window is on the second floor and the only window that provides the panoramic view. Mr. Whatley stated that the project would not contain vaulted ceilings. The finish height would be at about 26 feet, a height that would not be obtrusive to the view. Chair/Tye closed the public hearing. Chair/Tye requested the opportunity for the Planning Commissioners to visit the site. C/Wei moved, C/Tanaka seconded, to reopen the public hearing and continue Development Review No. 2003-25 to December 23, 2003. Motion carried by the following Roll Call vote: DECEMBER 9, 2003 PAGE 5 PLANNING COMMISSION AYES: COMMISSIONERS: Nelson, Tanaka, Wei, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Nolan 7.4 Development Review No. 2003-22 (pursuant to Code Section 22.48.020(a)(1)) is a request to construct a two-story single-family residence of approximately 11,600 square feet including a three -car garage, .terrace, balconies and porches. The request also includes retaining walls of varying heights with a maximum height of six feet. PROPERTY OWNER: 2816 Crystal Ridge Road (Tract 47850, Lot 31) Diamond bar, CA 91765 Huo You Liang 16015 Phoenix Drive Industry, CA 91745 APPLICANT: Dalmar Duran Gary Wang and Associates 573 Monterey Pass Road #C Monterey Park, CA 91754 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-22, Findings of Fact, and conditions of approval as listed within the resolution. AssocP/Lungu explained to C/Wei that the Code requires a minimum 20x20 two -car garage. Staff looks at the relationship of the number of bedrooms as it relates to onsite parking. In this case, the applicant has plenty of onsite room for extra parking. C/Wei expressed concern that parking would be inadequate for seven bedrooms. Dalmar Duran, applicant, explained the proposed project. He felt the project met the City's Code and that the architecture was similar to the surrounding neighborhood. He read staff's report and concurs with the conditions of approval. Chair/Tye opened the public hearing. DECEMBER 9, 2003 PAGE 6 PLANNING COMMISSION There was no one present who wished to speak on this item. Chair/Tye closed the public hearing. C/Tanaka moved, C/Wei seconded, to approve Development Review No. 2003-22, Findings of Fact, and conditions of approval as listed in the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Tanaka, Wei, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Nolan 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: None 9. STAFF COMMENTS/INFORMATIONAL ITEMS: DCM/DeStefano stated that as Hearing Officer, he approved a 9,900 square foot home on Oak Knoll Drive. The Trader Joe's marketing campaign continues. Currently, there are about 10,000 postcards and signatures at City Hall with a week to go before the program ends and staff meets with Trader Joe's. Pulte Homes has commenced the landscape project. DCM/DeStefano said he would meet with the homeowner's association landscaping subcommittee to further discuss the project. The City of Industry is gearing up to develop 450 acres of land behind the Honda Dealership similar to the Gateway Corporate Center project. A fire station will be included in the project. At this time, the other project that was due to be considered on December 23 is not ready. At the December 2 meeting, the City Council approved second reading of two ordinances — slopes and psychic readers. City Council is scheduled to reconsider business license issues at a study session on December 16. The consideration of code changes pertaining to election signs will most likely occur at the Council's second meeting of January. Chair/Tye thanked staff for making sure that projects conform to the City's wishes and Planning Commission's decisions. 10. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. DECEMBER 9, 2003 PAGE 7 PLANNING COMMISSION ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 8:05 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Steve Tye MEMORANDUM COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Planning Commission A% VIA: James DeStefano, Deputy City Mana4v FROM: Linda Smith, Development Services Assistanti-d-.11 DATE: December 18, 2003 SUBJECT: Continued item - Development Review No. 2003-25 This project was continued from the December 9, 2003 Planning Commission meeting to allow a site visit opportunity. Staff's project review and the findings of fact indicate that the proposed project meets General Plan strategies 1.2.4 and 2.2.1 which relate to compatibility with the prevailing character of the surrounding neighborhood and land uses. The architectural design, colors, floor plan, and features are consistent with the surrounding two story properties. The City's Development Code determines development standards such as heights, site coverage, setbacks, landscaping, protected and preserved tree standards, etc. The project meets these standards. The Owner and Applicant wish to enjoy the same privileges enjoyed by the other property owners in the vicinity and under identical zoning districts. The second story addition is the most likely method. The following information is from the City's design guidelines and applies to views for this case: 1. There is no guarantee to view for properties in Diamond Bar. The City's Design Guidelines set view policy, and this project design meet the set forth standards. 2. The City's view protection general guidelines indicate that view quality is usually more important than view quantity. 3. View protection is more important for major "ceremonial" rooms such as the living room, kitchen, or deck. The proposed project does not substantially block the southerly view from 832 Great Bend's deck and provides a view to the west from the deck which will remain un -obscured. 4. A view can be obscured by just one tree. There is a large pine tree and many cypress trees two lots away. 5. A view consists of foreground, middle distance and background elements. Trees which block views are often attractive in the foreground. 6. The background of 832's view will be partially blocked by 825's second story addition. However, the following information minimizes the impact: a. The addition does not cover the entire first floor and is set back from the street 38.5 feet. b. There is approximately 40 feet between the addition and 832's office window. c. The addition from 825s finished grade to the top of the ridge is approximately 26 feet. However, this ridge is approximately 59 feet from the street (see the East elevation on A-3 of Exhibit A). d. The window of 832 is an upstairs office window. Placement is estimated at 14 feet from finish grade (see Attachment "3"). There is an approximately 6 feet pad elevation differential between the two properties, which places the window at approximately the 20 feet line from the finished grade of 825's finished grade. It is estimated that 6 feet of the existing view will be blocked from this non ceremonial room. Staff is including correspondence received from the proposed project's owner which includes a letter to the Commission, site photos, and letters from neighbors in support of the project (see Attachments "3" and "4"). Additionally, staff received correspondence from the neighbor at 832 Great Bend Drive (see Attachment "5"). Conclusion: The proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. The proposed project conforms to applicable provisions of the Municipal Code, the site coverage is less than 40 percent, is comparable with the existing neighborhood, it meets the required height limitations, and it does not encroach into the setbacks. The Owner and Applicant wish to enjoy the same privileges enjoyed by the other property owners in the vicinity and under identical zoning districts. The second story addition is the most likely method. Based on the General Plan, the Municipal Code and the City's Design Guidelines criteria, staff recommends approval of Development Review No. 2003-25. Staff recommends that the Planning Commission approve Development Review No. 2003-25, Findings of Fact, and conditions of approval, as listed within the attached resolution. ATTACHMENTS: 1. Draft Resolution; 2. December 9, 2003 staff report; 3. Site photos; 4. Letter from Owner and letters of support; 5. Letter from 832 Great Bend; 6. Exhibit "A" dated December 23, 2003. DRAFT ATTACHMENT "1" PLANNING COMMISSION RESOLUTION NO. 2003-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2003-25 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 1,020 SQUARE FEET SECOND STORY ADDITION TO AN EXISTING 1,995 SQUARE FEET ONE-STORY SINGLE-FAMILY RESIDENCE WITH TWO CAR GARAGE. THE PROJECT SITE IS LOCATED AT 826 GREAT BEND DRIVE (LOT 68, TRACT NO. 31139), DIAMOND BAR, CALIFORNIA. A. Recitals The property owners, Mike and Christin Whatley, and applicant/agent ProBuilder, Kenn Coble, have filed an application to approve Development Review No. 2003-25, for a property located at 826 Great Bend Drive (Lot 68, Tract No. 31139), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On November 18, 2003, 118 property owners within a 500 -foot radius of the project site were notified by mail and three other locations were posted within the application's vicinity. On November 25, 2003, project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On December 9, 2003, the Diamond Bar Planning Commission conducted and continued a duly noticed public hearing on the Application to December 23, 2003 at which time it was concluded. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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 guidelines DRAFT ATTACHMENT "1" promulgated thereunder. This is pursuant to Section 15301(e) 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 parcel at 826 Great Bend Drive (Lot 68, Tract No. 31139), Diamond Bar, California. The project site is approximately .23 gross acres, 10,152 gross square feet and 5,026 usable square feet. It is a near rectangular shaped lot with an existing one-story single family residence. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units per acre. The site is zoned Single - Family Residence, R-1-8,000. (c) The R-1-8,000 zone surrounds the site. (d) The Application is a request to remodel and construct an approximate 1,020 square feet second story addition to an existing 1,995 square feet one-story single-family residence with two car garage. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for 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 and current Municipal Code. The adopted General Plan of July 25, 1995 has a land use designation of Low Density Residential (RL) (maximum 3 dwelling units/per acre). The Application complies with the City's General Plan objectives and strategies related to K DRAFT ATTACHMENT "'I" maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The Proposed project conforms to applicable provisions of the Municipal Code, the site coverage is less than 40 percent, is comparable with the existing neighborhood, it meets the required height limitations, and it does not encroach into the setbacks. The proposed project is a one and two story home. The properties to the north on Mane Drive are higher than the subject property. The other neighboring parcels are basically at the same elevation. The approximate height of the two story addition is 26 feet and in accordance with Municipal Code height standards; therefore, the proposed remodel is not considered an impact to the view corridor of surrounding properties. 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. Great Bend Drive adequately serves the project site. This and the neighboring streets, Farben Drive and Goldrush Drive, are designed to handle minimum traffic created by residential development. The project site is currently developed with a one story single-family residence. The proposed reconstruction/remodeling does not change the existing use of a single-family residence. Although the proposed second story addition enlarges the existing residence, it meets the 35 feet height limitation per the Municipal Code. Additionally, the Application has a style consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or traffic, (g) 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 Guidelines, or any applicable specific plan. The proposed single family residence's contemporary architectural style is maintained. The project uses architectural styling with the use of existing door entry with side lights; wood trim fascia; stucco; and layering of materials and finishes with overall charcoal asphalt shingles of multi-levels of roof lines. These with the wood siding and 3 DRAFT ATTACHMENT "1" stone at the garage add texture and contrast. The materials provide variety and interest. The project's colors and materials are maintained. By maintaining the project's architectural style and palette, the application is compatible with the other homes within the tract. The Application design is consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (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 new roof of charcoal asphalt shingles is planned, otherwise the colors, materials, and textures proposed are the same as existing and 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. Structural plan check, City permits, and inspections, soils report and Fire Department approvals, are required for construction. These processes 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. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. 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). 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, roof plan, and elevations collectively labeled as Exhibit "A" dated December 23, 2003, as submitted to, amended herein, and approved by the Planning Commission. E DRAFT ATTACHMENT 1 (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 disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. Flow shall not run onto the sidewalk, and an Encroachment Permit may be required for a subdrain system to direct the runoff into the gutter via a curb drain. (d) If applicable and prior to the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (e) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (f) Before construction begins, the applicant, shall install temporary construction fencing per the Building and Safety Division's requirements. The fence shall remain until released by the Building Official. (g) The applicant shall provide temporary sanitation facilities while under construction. (h) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. PLANNING DRAFT ATTACHMENT "1" (i) This single-family structure shall meet the State Energy Conservation Standards. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (k) Smoke detectors shall be provided in all sleeping rooms. (1) Applicant shall submit a soils report if required for the proposed improvements to be reviewed and approved by the City. (m) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (n) Footing shall be designed for expansive soil. (o) Lateral analysis shall be performed of the existing first story. (p) Shall indicate color and type (weight) of roofing materials on the plans. (q) A landscape/irrigation plan for the front yard shall be submitted to the Planning Division for review and approval prior to Building Permit issuance. The plan shall delineate the type of planting materials, color, size, quantity, and location. The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (r) The Owner shall obtain a Zoning Clearance for any Home Based Business use per Municipal Code Section 22.42.070 in the proposed office. (s) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes., or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 6 DRAFT ATTACHMENT °1" (t) The owners shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (u) 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 -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (v) This grant shall not be effective for any purpose until the permittee and owners 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. (w) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Mike and Christin Whatley, 826 Great Bend Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23rd DAY OF DECEMBER 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 0 Steve Tye, Chairman VA DRAFT ATTACHMENT "'I" 1, 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 23rd day of December 2003, by the following vote: AYES: Commissioners: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: James DeStefano, Secretary E-11 AGENDA ITEM NUMBER: 7 Y REPORT DATE: MEETING DATE: CASE/FILE NUMBER: .2 - City of Diamond Bar PLANNING COMMISSION Staff Report December 3, 2003 December 9, 2003 Development Review No. 2003-25 APPLICATION REQUEST: A request to remodel and construct an approximate 1,020 square feet second story addition to an existing 1,995 square feet one-story single-family residence with a two car garage. PROPERTY LOCATION: 826 Great Bend Drive (Lot 68, Tract No. 31139) PROPERTY OWNERS: Mike and Christin Whatley, 826 Great Bend Drive, Diamond Bar, CA 91765 APPLICANT/AGENT: ProBuilder, Kenn Coble, 448 W. Allen Avenue, #109, San Dimas, CA 91773 BACKGROUND: The property owners, Mike and Christin Whatley, and applicant/agent are requesting approval to remodel and construct an approximate 1,020 square feet second story addition to an existing 1,995 square feet one-story single-family residence with a two car garage. The project's address is 826 Great Bend Drive (Lot 68, Tract No. 31139), Diamond Bar. It is a near rectangular shaped lot. The existing parcel was approved with Tract Map No. 31139, Lot 68, as .23 acres, 10,152 gross square feet and 5,026 usable square feet. The original structure was approved and completed in 1973. The project site is zoned single-family residence, R-1-8,000. The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling/units per acre. The R-1- 8,000 zone surrounds the site. I REVIEW AUTHORITY This application requires Planning Commission Development Review approval per Municipal Code, Section 22.48.020(a)(1). The second story addition of 1,020 square feet to an existing 1,995 square feet structure is greater than 50 percent of the floor area of the existing structures and therefore subject to the discretionary Development Review process. This review process establishes General Plan consistency through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process is to ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. The process. utilizes the City's Design Guidelines and the City's Development Code to promote development that respects the physical and environmental characteristics of the community and the site. ANALYSIS: DEVELOPMENT REVIEW/MINOR CONDITIONAL USE PERMIT 0 Development Standards The following is a comparison of the City's development standards and the project's proposed development standards: Ci 's Development Standards Project's Development Standards 1. Setbacks (main structure): 1. Setbacks (main structure): e Front yard -20 feet from property line 0 Front yard- 22 feet from property line e Side yards -5 feet & 10 feet minimum - Side yards- 5 feet and 12.25 feet from from property line, and 15 feet between property line, and meets 15 feet between structures on adjoining parcels structures on both sides e Rear yard -20 feet from property line e Rear yard -85 feet from property line e Site Coverage -overall maximum 40% 0 Site Coverage -Approximately 19% 2. Building Height: 2. Building Height: Maximum 35 feet e Two stoN approximately 26 feet 3. Parking: 3. Parking: Minimum two -car garage with each bay e Existing two car garage 20.5'Wx21'L minimum 10'x20' L- plus driveway *There are four designated bedrooms plus the den and office as potential bedrooms with a two -car garage and large driveway. Staff anticipates adequate parking for this remodel. 2 Ir. ® General Plan/Design Guidelines/Compatibility with Neighborhood The General Plan has two strategies relating to compatibility within the Land Use Element: 1. Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood; and 2. Strategy 2.2.1, Requires that new developments be compatible with surrounding land uses. The second story's mass is at the west side and the, one story is retained on the east side. There is 15 feet between structures on adjoining parcels as required. The lot slopes up in the rear and the reconstruction/remodel does notaffect the existing pad. The homes on Mane Drive behind the subject remodel are at a higher elevation. There are variations of one and two story structures in this neighborhood with varying rying square footage. This application is consistent with the neighborhood and immediate neighbors. Staff's review deems that this Application is consistent with the General Plan, Municipal Code Standards, and City's Design Guidelines. ® Architectural Features and Colors The proposed single family residence's contemporary architectural style is maintained. The project uses architectural styling with the use of existing door entry with side lights; wood trim fascia; stucco; and layering of materials and finishes with overall charcoal asphalt shingles of multi-levels of roof lines. These with the wood siding and stone at the garage add texture and contrast. The materials provide variety and interest. The project's colors and materials are maintained. By maintaining the project's architectural style and palette, the application is compatible with the other homes within the tract. ® Floor Plans The addition converts livable space on the first story to stairs and closet. The existing master bedroom downstairs has a* 1/2 bath and dressing room not called out on the drawings. There is no change to this area. The addition adds a master bedroom with bath, hall bath, laundry and two bedrooms upstairs. Bedrooms on the first floor will be converted to a study and office. An approval condition has been added that the owner obtain a Zoning Clearance from the Planning Division for any Home Based Business use per Municipal Code Section 22.42.070 in the proposed office. K e Covenant and Agreement An approval condition requires the owners to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a City form. The covenant must be recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. SITE WORK The subject reconstruction/remodel is on the existing pad. No grading or retaining walls are anticipated. Should it be necessary to work more than 50 cubic yards of earth, the Public Works Division will require a grading/drainage plan. LANDSCAPING Front yard landscaping is often destroyed during a remodel of this magnitude. Therefore, a front yard landscape/irrigation plan is required as an approval condition. The plan is required to delineate the type of planting materials, color, size, quantity and location. It is a requirement that the landscaping/irrigation be installed or replaced per the plan prior to -the Planning Division's final inspection. Additionally, it is noted for the owners and applicant that any walls, gates, fountains, etc. that are proposed -or exist within the front setback shall not encroach into the street's dedicated easement; nor, shall any such structure or dense plant material proposed within the front setback exceed a maximum height of 42 inches. PRESERVED/PROTECTED TREES The subject property is less than 112 acre and is exempt from tree preservation requirements. VIEW IMPACT The properties to the north on Mane Drive are higher than the subject property. The other neighboring parcels are basically at the same elevation. The approximate height of the two story addition is 26 feet and in accordance with Municipal Code height standards; therefore, the proposed remodel is not considered an impact to the view corridor of surrounding properties. ADDITIONAL REVIEW The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the conditions of approval. Ell NOTICE OF PUBLIC HEARING: On November 18, 2003, 118 property owners 'within a 500 -foot radius of the project site were notified by mail and three other locations were posted within the application's vicinity. On November 25, 2003, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Dailv Bulletin newspapers and a public hearing notice display board was posted at the site. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act, Section 15301(e). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2003- 25, 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 (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 Guidelines, 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 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CE0A). Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Draft Resolution of Approval; 2. Application; 3. Tree Statement; 4. Sample Covenant and Agreement; 5. Exhibit "A" - site plan, floor plan, elevations and roof plan, dated December 9, 2003. P4;�� DRAFT ATTACHMENT "I' PLANNING COMMISSION RESOLUTION NO.2003-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2003-25 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 1,020 SQUARE FEET SECOND STORY ADDITION TO AN EXISTING 1,995 SQUARE FEET ONE-STORY SINGLE-FAMILY RESIDENCE WITH TWO CAR GARAGE. THE PROJECT SITE IS LOCATED AT 826 GREAT BEND DRIVE (LOT 68, TRACT NO. 31139), DIAMOND BAR, CALIFORNIA. A. Recitals 1. The property owners, Mike and Christin Whatley, and applicant/agent ProBuilder, Kenn Coble, have filed an application to approve Development Review No. 2003-25, for a property located at 826 Great Bend Drive (Lot 68, Tract No. 31139), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On November 18, 2003, 118 property owners within a 500 -foot radius of the project site were notified by mail and three other locations were posted within the application's vicinity. On November 25, 2003, project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Vallev Dailv Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On December 9, 2003, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. Resolution NOW, THEREFORE, it is found, determined and resolved, by the Planning Commission of the City of Diamond Bar as follows: 1. 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 guidelines promulgated thereunder. This is pursuant to Section 15301(e) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. DRAFT ATTACHMENT "I" 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 parcel at 826 Great Bend Drive (Lot 68, Tract No. 31139), Diamond Bar, California. The project site is approximately .23 gross acres, 10,152 gross square feet and 5,026 usable square feet. It is a near rectangular shaped lot with an existing one-story single family residence. idence. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units per acre. The site is zoned Single - Family Residence, R-1-8,000. (c) The R-1-8,000 zone surrounds the site. (d) The Application is a request to remodel and construct an approximate 1,020 square feet second story addition to an existing 1,995 square feet one-story single-family residence with two car garage. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for 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 and current Municipal Code. The adopted General Plan of July 25, 1995 has a land use designation of Low Density Residential (RL) (maximum 3 dwelling units/per acre). The Application complies with the City's General Plan . objectives and strategies related to maintaining the integrity of residential neighborhoods and open P" T� DRAFT ATTACHMENT I" space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project. conforms to applicable provisions of the Municipal Code, the site coverage is less than 40 percent, is comparable with the existing neighborhood, it meets the required height limitations, and it does not encroach into the setbacks. The proposed project is a one and two story home. The properties to the north on Mane Drive are higher than the subject property. The other neighboring parcels are basically at the same elevation. The approximate height of the two story addition is 26 feet and in accordance with Municipal Code height standards; therefore. the proposed remodel is not considered an impact to the view corridor of surrounding properties. 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. Great Bend Drive adequately serves the project site. This and the neighboring streets, Farben Drive and Goldrush Drive, are designed to handle minimum traffic created by residential development.' The project site is currently developed with a one story single-family residence. The proposed reconstruction/remodeling does not change the existing use of a single-family residence. Although the proposed second story addition enlarges the existing residence, it meets the 35 feet height limitation per the Municipal Code. Additionally, the Application has a style consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or traffic. (g) 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 Guidelines, or any applicable specific plan. The proposed .single family residence's contemporary architectural style is maintained. The project uses architectural styling with the use of existing door entry with side lights; wood trim fascia; stucco; and layering of materials and finishes with overall charcoal asphalt shingles of multi-levels of roof lines. These with the wood siding and stone at the garage add texture and contrast. The materials provide 3 DRAFT ATTACHMENT "l" variety and interest. The project's colors and materials are maintained. By maintaining the project's architectural style and palette, the application is compatible with the other homes within the tract. The Application design is consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (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 new roof of charcoal asphalt shingles is planned, otherwise the colors, materials, and textures proposed are the same as existing and 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. Structural plan check, City permits, and inspections, soils report and Fire Department approvals, are required for construction. These processes 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. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. 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 Califomia Environmental Quality Act of 1970 (CEQA), Section 15301(e). 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, roof plan, and elevations collectively - labeled as Exhibit "A" dated December 9, 2003, as submitted to, amended herein, and approved by the Planning Commission. 2 DRAFT ATTACHMENT "1" (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 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. NW• �9_ (c) The drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. Flow shall not run onto the sidewalk, and an Encroachment Permit may be required for a subdrain system to direct the runoff into the gutter via a curb drain. (d) If applicable and prior to the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (e) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the. City Engineer. BUILDING AND SAFETY Before construction begins, the applicant shall install temporary construction fencing per the Building and Safety Division's requirements. The fence shall remain until released by the Building Official. (g) The applicant shall provide temporary sanitation facilities while under construction. (h) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. 5 PLANNING DRAFT ATTACHMENT i41 1, (i) This single-family structure shall meet the State Energy Conservation Standards. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. N Smoke detectors shall be provided in all sleeping rooms. (1) Applicant shall submit a soils report if required for the proposed improvements to be reviewed and approved by the City. (m) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (n) Footing shall be designed for expansive soil. (o) Lateral analysis shall be performed of the existing first story. (p) Shall indicate color and type (weight) of roofing materials on the plans. (q) A landscape/irrigation plan for the front yard shall be submitted to the Planning Division for review and approval prior to Building Permit issuance. The plan shall delineate the type of planting materials, color, size, quantity and location. The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (r) The Owner shall obtain a Zoning Clearance for any Home Based Business use per Municipal Code Section 22.42.070 in the proposed office. (s) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. R DRAFT ATTACHMENT "I" (t) The owners shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of atuilding permit. (u) 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 -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (v) This grant shall not be effective for any purpose until the permittee and owners 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. (w) 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 derninimis 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 Mike and Christin Whatley, 826 Great Bend Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 9th DAY OF DECEMBER 2003, BY THE PLANNING COMMISSION • THE CITY • • BAR. By: Steve Tye, Chairman 7 DRAFT ATTACHMENT "I" 1, 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 9th day of December 2003, by the following vote: AYES: Commissioners: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: James DeStefano, Secretary AtuNtrir AND DEVELOPMENT SERB DEPARTMENT/Planning Division 21825 E. Coney Drive Diamod Bar, CA 917a5 Phone !909}396-5676 Fax (909)861-3117 C ADMINISTRATIVE DEVELOPMENT REVIEW .0 DEVELOPMENT REVIEW APPLICATION Recons Owner APpfit;.ant Name ' a \ !Last name t) �..\ -�� f, (,Lan name first) t Atloress �iZ.E, G'-5��"'�bNDa4��Y� cit, G.,�.a �p'� ( a3-- �,C�aJ �.J�m i�S �•�. '-tc 9177-3 "hone ( fjc�t p —�,Cl Phone I ATTACHMENT "2" FOR cRY u5: ADDrcanI s Aoen: (La!11 narne tirst) `T 1773 ax( �auc!'� Phone 41 1-Y 4w ��S �Y� Fax n application fee in accordance with Section 22.4 9y tner a flat fee or a deposit plus payment of the Cys of ting Wal Code Must MMny this nount for this application is indicated above. If it ask Comps on an ho basis. The applicable The application fee is applicant siaali hourly basis. The applicable fee or deposit e oeoosit prior to issuance of the permit; ff pro in pay any processing tm that exceed g costs pm than the deposit, a refund will be paid, the amount of ATE: it is the applicant's responsibility to no ocessinc o` this case tAttach separate�Y the City m writing of any change Of the principals sheet, if necessary, including names, addresses, and signatureslvoted members the embers of rtnersntos, totnt ventures. ano Directors of cte s rent s Owners: 1 certify that / am the Deaner of the hemain-dereribad property and perfnit the a �� s request. pP nt to file r, Name �I till h e, llf ti iec e:cowno.c Date .toe roeUof Appircant: 1, th �d is correct to the bes d my Na.-ne ttiDDuan en; (ADDr ru or Ate t to" )Street a orts5 pr cram ano tot numoer) Use of Site 2pitec to, , hereby certify under penalty of !®m a G^ mouse Numoering Map/aerial `I that the information heroin ...s Cases r� vr-re MtY Of Diamond DEVELDIMMENT A LEGAL DISCRIPTION Al ownership comprising the pr000sed totlskiampuci Area devoted to structures Landscaping/Open space 60 Protect Size/(gross square feet): Zi P �v -t- CN) t©t` �. —� Lot Covera Z Proposed density �� Acres ( nits/ U ) Style of Architecture _22 Number of Floors ProtSosed ? I ~ Slope of Roof Cs""b le 5 I Z Graornc 11k© _ If Yes, Quantity _4l, Cu: O Fin _ �-�--- lrri =xoc-If Yes, Quantity —�---- N If Yes, Quantity— Retatrnnc Wafts Maximum SxDosed Height--�-�--- _ Comatete oaoes 3 ana G Buroen of Proof h L.- BURDEN OF PROOF ELOPMENT REVIEJ in addition to the information reouired in the apoitcation. the aeoucant snall substantiate to the sat,sract,o� c• the Planning Division/Planning Commission the following facts: /Answers must ne oetarreo arra comarere Artacr additional sheets of paper if necessary.) Tne oesion and layout of lite proposed development are consistent with the Genera P standards of the applicable distnet, design guidelines, gar. oevetoomen: areas. specific plans, common g B and architectural criteria for soecia areas te.C- tneme community plans, boulevards or planned developments), 2 The oes,gn and layout of the proposed devtaiopment will not interfere with the use and enjoyment of mei hbon existing or future oevelopments, and will not create traffic or 9 ng n hazards; t Tne arcrtitecturai design of the proposed development is colli neionoom000 and will maintain and enhance the harmonious, Dy the Devetooment Code, General Pianarde�atible with the character of the surroundingP and attractive development contemplated , or any applicable specific plan; Z = Tne oesion of the or000sed development will provide a desirable environment for its oc cu n coonz as wen as it ne'gnoors through good aesthetic use of materials, texture and color, and will aesineucany aaDeann - aro pa is and visiting no _ remain 3 5. The proposed development will not be de&vnental to the puWc 1e.6.. negative agfect on the property values or resales) ®f property) go heaft Safety. °r Ifare or ma�erialw m;ur,pu, vicinity �% Properties or imDrOvements ir, the E2 Irl TREE PRESERVATION STA'T'EMEW ATTACHMENT "3" 5>c The subject Property is 'rs acre . or less anc is Preservation Requirements. exam°' iron ire` [ j The subject property contains no native oak, walnut, sycamore, wiliovti . or naturalized California Pepper trees. [ j The subject property contains one or more oak, walnut, sycamore, willow, or naturalized Califomia Pepper trees. The applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripiine of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. [ ) The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant states that activity (grading and/or construction) will take place within five (a) feet of the outer dripline of any oak, walnut, s California Pe Yam®re, willow, or naturalized Aper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. Aomcant s Signatu e) C— —\\ N e e. � O WORD•UNDAiFDRMS7REE STATEMr:NT 11.11-V7 T, ATTACHMENT "4" RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 Space AWi COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE The undersigned hereby certify that - Mike and - Christin Whatley are the owner(s) of the hereinafter described real property located at 826 Great Bend Drive in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 68 Tract Mar) No. 31139 Assessors Book and Parcel Number 8717-018-003 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only, and that no portion of the structure(s) or property shall be rented, leased or sold separate and apart from any remaining portions of the property or structure(s). This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. 0 Z No STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of .. 200L before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the - person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that , executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. 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S-7. +r:ui r ,}p ,a ,r°�'.:".<•`:.+u .•np 'YJ�'' •�. jA 5 `7�i��A+' ! c t{..••t rr.� 1 !4 ara.,• 4.,a.. LyK v+ �- c,.,.. IN i+pf�•• i$- '+ .aS r �^`L a6 ur ¢ fl t c O ".�i•aAK�.{Y1`. +vt'f +� r k�i r'u. ' �✓• J-• f '`.. P� . _ G� r / JS.: ''• f F: _ 2 _ .._ '.-ifti •r'.L�.�'.�`�-�. •. Lrn.. f ,.,,i _?� ::.t• -__ %� �• ,�� .��+rJ City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Mr. And Mrs. Michael Whatley 826 Great Bend Drive Diamond Bar, CA 91765 December 16, 2003 Subject: Development Review #2003-25, 2nd Story Addition at 826 Great Bend Drive Dear Commissioners, We understand and respect the Planning Commission's decision to delay approval of this project to acquire additional information on the viewing dispute as presented by Sue Janicki during the Planning Commission's hearings on December 9. We hope your obtaining a "first-hand" examination of this issue will lead to a quick and final resolution at the December 23 hearing. We are writing to further advocate Staff's recommendation to grant a permit to construct, and also ask the Commission to reconsider the overall benefits and needs of this project. This project is our preferred option to best accommodate the needs of our growing family. With two children ages 3 and 5, and plans for one more, our current living space of 1,554 square feet' is simply too tight. While we can sympathize with the Janicki's opinion (with which we disagree), we do not believe their desire for a totally unobstructed view should take precedence over another family's growing need for space. No one in our neighborhood is guaranteed or given the right to a view. As home owners ourselves, we recognize that having a view is relevant to the enjoyment of one's home, and is protected by the City's Municipal Codes, but with limitations, In particular, the term "view" as specified in Sec 22.16.130 "does not mean an unobstructed panorama" but rather contemplates "development of new projects shall respect the views of existing residential uses ... in a manner that preserves views by creating view corridors" and is "kept ... low to reduce ... the possibility of blocking views." We concur with Staff that this project achieves exactly that. Construction of our addition will have minimal, if any, impact on their viewing freedom. This is illustrated in several ways: r Staff's analysis concludes this project does not impact the view corridor of the surrounding propertiesz. Staff's report states, "the structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view" i Our design reaches an elevation of only 26 feet; the Municipal Code's height limitation is 35 feet'. r The rtmrest wall of the, addition will be approximately 40 feet away from their viewing window.. The Janicki foundation is approximately 6 feet above our foundation, effectively giving our neighbor's home a substantial viewing "lift" to their already two-story home. ' According to recent house appraisal. This differs from the Staff's assessment of 1,995 square feet as this estimate includes the garage space. 2 City of Diamond Bar Planning Commission Staff Report, December 3, 2003, page 4. 3 City of Diamond Bar Planning Commission Staff Report, December 3, 2003, page 2. We firmly believe the Janicki's are grossly overstating the market value attributed to the view they currently enjoy. For example, the purported viewing window is not considered a "ceremonial" window (to use real estate terms) nor does it face the San Gabriel Mountains` to the north (the window is west -facing). In fact this window is virtually always closed with drapes and adorned with a neon bar sign. Finally, we believe we also have the right to enhance the value of our property through remodelling, subject to the Commission's approval. We would believe all property owners seek to maintain or even improve upon the quality of life and value of their home, and this project appears to be no exception. In fact, all seven homes directly adjacent, catty corner and across the street are two- story homes; we are the only single story residence among these. If one believes that the value of the Janicki home will somehow be diminished by this project, then that should be weighed against the benefits of enhancing our home's value and increasing the average comps for the neighborhood. We hope that we have made a compelling case and we ask the Commission to ultimately resolve this matter at the hearings scheduled on December 23 and grant us permission to proceed with this project subject to the Commission's conditions. Both Christin and I can make ourselves available anytime to answer questions or further assist in your assessment of this project. Truly yours, Michael Whatley Christin Whatley 4 Per letter to Commission Staff from Robert Janicki dated Dec 7, 2003. 23402 Mane Drive Diamond Bar, CA 91765 December 12, 2003 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765. Re: Development Review #2003-25, 2nd Story Addition at 826 Great Bend Drive, Dear Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live *at 23402 Mane Drive in Diamond Bar, directly above and adjacent to the Whatle y family. I understand that the Whatley family is applying for a permit to construct a 2n story addition to their home. I believe this project, when completed, will improve and benefit the entire neighborhood for the following reasons: 1) 826 Great Bend is smaller than the neighborhood average square footage and increasing its size and value increases the standards of the neighborhood. 2) The design improves upon the existing structure's design and enhances the curb appeal in turn enhancing the neighborhood. 3) By increasing 826 Great Bend's property value it is bringing up the average comps.for the neighborhood. I also believe this is a good project for the benefit of the Whatley family, and I would encourage the Commission to grant the Whatley family approval to proceed with their project. Yours truly, 604 Hoss Street Diamond Bar, CA 91765 December 10, 2003 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Re: 2"d Story Addition at 826 Great Bend Drive, Development Review #2003-25 Dear Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live at 604 Hoss Street in Diamond Bar, across the street from the Whatley family, owners and residents of the subject property. I understand that the Whatley family is applying for a permit to construct a 2nd story addition to their home. I believe this project, when completed, will improve the overall appearance and attractiveness of the neighborhood, and likely increase overall property values in the area. I also believe this is a good project for the benefit of both the Whatley family and that of the neighborhood, and I would encourage the Commission to grant the Whatley family approval to proceed with their project. Yours truly, IOROT`A4 KO ZAAV Q���� (� Ivo�t1EC�-I �oZl�ry �Z��oln3 23412 Mane Drive Diamond Bar, CA 91765 December 12, 2003 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Re: Development Review#2003-25, 2°a Story Addition at 826 Great Bend Drive, Dear Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live at 23412 Mane Drive in Diamond Bar, directly above and adjacent to the Whatley family. I understand that the Whatley family is applying for a permit to construct a 2" story addition to their home. I believe this project, when completed, will improve and benefit the entire neighborhood for the following reasons: t) 826 Great Bend is smaller than the neighborhood average square footage and increasing its size and value increases the standards of the neighborhood. Z) The design improves upon the existing structure's design and enhances the curb appeal in turn enhancing the neighborhood. 3) By increasing 826 Great Bend's property value it is bringing up the average comps for the neighborhood. I also believe this is a good project for the benefit of the Whatley family, and I would encourage the Commission to grant the Whatley family approval to proceed with their project. ,/, Yours t � M ING�I�Ei� J� 605 Hoss Street Diamond Bar, CA 91765 December 10, 2003 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Re: 2"d Story Addition at 826 Great Bend Drive, Development Review #2003-25 Dear Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live at 605 Floss Street in Diamond Bar, across the street from the Whatley family, owners and residents of the subject property. I understand that the Whatley family is applying for a permit to construct a 2"a story addition to their home. I believe this project, when completed, will improve the overall appearance and attractiveness of the neighborhood, and likely increase overall property values in the area. I also believe this is a good project for the benefit of both the Whatley family and that of the neighborhood, and I would encourage the Commission to grant the Whatley family approval to proceed with their project. Yours truly, 624 Hoss Street Diamond Bar, CA 91765 December 13, 2003 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765. Re: Development Review #2003-25, 2nd Story Addition at 826 Great Bend Drive, Dear. Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live at 624 Hoss Street in Diamond Bar, across and down the street to the Whatley family. I understand that the Whatley family is applying for a permit to construct a 2na story addition to their home. I believe this project, when completed, will improve and benefit the entire neighborhood for the following reasons: �) 826 Great Bend is smaller than the neighborhood average square footage and increasing its size and value increases the standards of the neighborhood. z) The design improves upon the existing structure's design and enhances the curb appeal in turn enhancing the neighborhood. 3) By increasing 826 Great Bend's property value it is bringing up the average comps for the neighborhood. I also believe this is a good project for the benefit of the Whatley family, and I would encourage the Commission to grant the Whatley family approval to proceed with their project. Yours truly, ld6UC�Q, C1-1121 S'(� N R CT00 DE 615 Hoss Street Diamond Bar, CA 91765 December 10, 2003 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Re: 2nd Story Addition at 826 Great Bend Drive, Development Review #2003-25 Dear Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live at 615 Hoss Street in Diamond Bar, across the street from the Whatley family, owners and residents of the subject property. I understand that the Whatley family is applying for a permit to construct a 2nd story addition to their home. I believe this project, when completed, will improve the overall appearance and attractiveness of the neighborhood, and likely increase overall property values in the area. I also believe this is a good project for the benefit of both the Whatley family and that of... the neighborhood, and I would encourage the Commission to grant the Whatley family approval to proceed with their project. Yours truly, V 812 Great Bend Drive Diamond Bar, CA 91765 December 10, 2003 City of Diamond Bar Planning Commission 21825 E.. Copley Drive Diamond Bar, CA 91765 Re: 2nd Story Addition at 826 Great Bend Drive, Development Review #2003-25 Dear Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live at 812 Great Bend Drive in Diamond Bar, two doors down from the Whatley family, owners and residents of the subject property. I understand that the Whatley family is applying for a permit to construct a 2°d story addition to their home. I believe this project, when completed, will improve the overall appearance and attractiveness of the neighborhood, and likely increase overall property values in the area. I also believe this is a good project for the benefit of both the Whatley family and that of the neighborhood, and I would encourage the Commission to grant the Whatley family approval to proceed with their project. Yours truly, City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Re: 2°a Story Addition at 826 Great Bend Drive, Development Review. #2003-25.. Dear Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live at 614 Hoss Street in Diamond Bar, across the street from the Whatley family, owners and residents of the subject property. I understand that the Whatley family is applying for a permit to construct a 2°d story addition to their home. I believe this project, when completed, will improve the overall appearance and attractiveness of the neighborhood, and likely increase overall property values in the area. I also believe this is a good project for the benefit of both the Whatley family and that of the neighborhood, and I would encourage the Commission to grant the Whatley family approval to proceed with their project. Yours truly A.'0 -56)L -t 23406 Mane Drive Diamond Bar, CA 91765 December 10, 2003 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Re: 2nd Story Addition at 826 Great Bend Drive, Development Review #2003-25 Dear Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live at 23406 Mane Drive in Diamond Bar, on the hill directly above the Whatley family, owners and residents of the subject property. I understand that the Whatley family is applying for a permit to construct a 2nd story addition to their home. I believe this project, when completed, will improve the overall appearance and attractiveness of the neighborhood, and likely increase overall property values in the area. I also believe this is a good project for the benefit of both the Whatley family and that of the neighborhood, and I would encourage the Commission to grant the Whatley family approval to proceed with their project. Yours truly, p� '1-� . � JDonatJ E. LyhC� pa.i Q K. Ly n cls 820 Great Bend Drive Diamond Bar, CA 91765 December 10, 2003 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Re: 2"d Story Addition at 826 Great Bend Drive, Development Review #2003-25 Dear Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live at 820 Great Bend Drive in Diamond Bar, next door to the Whatley family, owners and residents of the subject property. I understand that the Whatley family is applying for a permit to construct a 2"d story addition to their home. I believe this project, when completed, will improve the overall appearance and .` attractiveness of the neighborhood, and likely increase overall property values in the area. I also believe this is a good project for the benefit of both the Whatley family and that of the neighborhood, and I would encourage the Commission to grant the Whatley family - approval to proceed with their project. Yours truly, AN N t C- PDO N SRwflD 633 Hoss Street Diamond Bar, CA 91765 December 13, 2003 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Re: Development Review #2003-25, 2nd Story Addition at 826 Great Bend Drive, Dear Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live at 633 Hoss Street in Diamond Bar, across and down the street to the Whatley family. I understand that the Whatley family is applying for a permit to construct a 2nd story addition to their home. I believe this project, when completed, will improve and benefit the entire neighborhood for the following reasons: 1) 826 Great Bend is smaller than the neighborhood average square footage and increasing its size and value increases the standards of the neighborhood. . z) The design improves upon the existing structure's design and enhances the curb appeal in turn enhancing the neighborhood. 3) By increasing 826 Great Bend's property value it is bringing up the average comps for the neighborhood. I also believe this is a good project for the benefit of the Whatley family, and I would encourage the Commission to grant the Whatley family approval to proceed with their project. Yours truly, 23418 Mane Drive 1 Diamond Bar, CA 91765 December 12, 2003 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Re: Development Review #2003-25, 2°a Story Addition at 826 Great Bend Drive, Dear Commission and Commission Staff, On behalf of the Whatley family, I would like to extend my support for the proposed construction project at 826 Great Bend Drive. I live at 23418 Mane Drive in Diamond Bar, directly above and adjacent to the Whatley family. I understand that the Whatley family is applying for a permit to construct a 2° story addition to their home. I believe this project, when completed, will improve and benefit the entire neighborhood for the following reasons: V) 826 Great Bend is smaller than the neighborhood average square footage and increasing its size and value increases the standards of the neighborhood. 2) The design improves upon the existing structure's design and enhances the curb appeal in turn enhancing the neighborhood. 3) By increasing 826 Great Bend's property value it is bringing up the average comps for the neighborhood. I also believe this is a good project for the benefit of the Whatley family, and Iwould encourage the Commission to grant the Whatley family approval to proceed with their project. Yours truly, J0 t wV\y C,m�a �b I ! S �� Linda Smith krrAe ��/ /E, k From: Robert M. Janicki [r.janicki@verizon.net] Sent: Wednesday, December 17, 2003 8:54 PM To: Linda Smith Subject: Re: Development Review No. 2003-25 MY JEVC-f DSC00443.JP DSC00460.JP G (560 KB) G (544 KB) Dear Ms. Smith, Attached you will find two photos in jpeg format hereby submitted as an appendix to my original letter of opposition to the subject development proposal. The views are from our bedroom/office window looking Northwest across the roof line of the existing property for the proposed second story addition. The photos, although somewhat obscured by the weather conditions, clearly show the view of the San Gabriel Mountains in the background with the Covina Hills in the foreground. Unfortunately I do not have any night shots of the same views to show the beautiful blanket of lights illuminated across the west end of the Pomona Valley and up the southern slope of the Covina Hills. Please arrange to have the attached photos incorporated into my original letter of opposition to the subject development proposal. Thank you. Sincerely, Robert M. Janicki, homeowner 832 Great Bend Dr. Diamond Bar, CA 91765 909/861-5554 1 � , r-,.. � J � +Ci 7 :7y� 1 'Lillmi en GO.0 1/81- P-01 T, CITY tr",*F 2."3 DEC - 3 r'" - '' I ^3 EXHIBIT "A" DR 2003-25 826 GREAT BEND DRIVE DECEMBER 9 200 0, C -C ry, � E � � 3 f--;,'4)03 F.ROJECT INfORMATI"ON AFN # 6717-01 8-0C LOT 51ZE -10152 (F) FI R5T FLOOR = 1554 (F) 5ECON D FLOOD. = 0 (F) GARAGE = 441 (E) COVER PATIO = 0 (N) FI R5T FLOOR = (N) 5FCON D FLOOR = (N) GARAGE - (N) COVER PATIO - 0 1002.75 0 0 (N) LOT COVERAGE = 1995 5Q. FT. OR 19% (N) LIVING 5PACE = 255G.75 5Q.FT. OR 24 �Z�717��i 11411 = 1 '-p" . ;r F:.19-'Pj in z 0 CAME ROOM (n Fd• �41- CL05ET GARAGE 42'-9' BATHROOM OFFICE 1&-f (1) 6-0- 5L. 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W O ro cn r0 w � m H - Lrl oo co rn 0 O� ya �o z ro m z Hm z n OH Q mo m x z 00 �!-Z r n d O ro Z r �o �-0 L>4 z �d b o� o� o zz x,z >d ro� d� 'd o 0 0 o z z zo �z O o �z z dm y m >� >y G 0 m H m H m z z z c o� zro o� zro m z z z I • I d N 00 CT 00 n z C/) H z 0 rOn W CD NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING IFIA O YffifTar$1�1 •I I WRN •VJ L9) Q 101 ',JA Z On December 23, 2003, at 7:00 P.M., the Diamond Bar Planning Commission held a regular meeting at the South Coast Quality Management District, 21865 East Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Stella Marquez declare as follows: I am employed by the City of Diamond Bar. On December 19, 2003, 1 caused to be posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on December 23, 2003, at the following location: South Coast Quality Management Heritage Park District Auditorium 2900 Brea Canyon Road 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on December 22, 2003, at Diamond Bar, California. Stella Marquez Community and Development Services Department g:\\affidavitposting-doc III_ IIl_lll1 111I I IIII 111111 1I111111 : Customer. Cop - ..Label 11.-F Ju6a:20i _. XF-XPRESS . I'EV' '258471 . 37135'USL M/3 UNI SidTi��6S!T'ALSERVICEa "Ill -i IBM "I'll- POStoff­­ b resseo PO ZIP0. god Day of Delivery Flat Rate.Envolope Delivery Attempt, El N.t 0 Second Ej Dabs in, 'Postage. Mo. Day Delivery. Attempt Mo. Year M I Noon Time In military Saturn Receipt Fee - Delivery -Date- ❑Weight 0 -2nd D - Int'l AlptfaCouiltry Code COD Fee Insurance Fee Me employee signature DAM E) PM rime Employee Signature opivl Ime Employee signature PM -1 AM F A cceptance Clerk Initials Total Postage & Fees 89miq'Ity"" ti -N Tf. ❑W..k.nd ED ay 4'. H d $ R.Lff METHOD:OF PAYMENT. tiJ :P�,S"MrA or, Express Mail Corporate Acct. No: 411 Y FROM: (PLEASUPRI" N 960.9 3`4 6 5676 PHONE TO: (PLEASE PRINT) -Ji PHONE r C11Y 0 F DIAMOND BA R 21 25" COPLEY A�11 Mi 0 BAR CA 91765 4178 C I r R C, Linda Smith From: Linda Smith Sent: Tuesday, December 23, 2003 1:25 PM To: I r.janicki @verizon.net' Subject: RE: Development Review No. 2003-25 Thank you for your memo. I will provide a copy of the e-mail at tonight's meeting. Linda Smith, Development Services Assistant Community and Development Services/Planning Division City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 Phone (909) 839-7033 Fax (909) 861-3117 linda.smith@ci.diamond-bar.ca.us -----Original Message ----- From: Robert M. Janicki [mailto:r.janickigverizon.net] Sent: Tuesday, December 23, 2003 1:23 PM To: Linda Smith Subject: Re: Development Review No. 2003-25 Dear Ms. Smith, Thank you for providing the Planning commission findings on the subject proposal in such a timely manner. After viewing the detailed findings of the Planning Commission and the weight which they carry, I would like to withdraw my opposition to the subject proposal. Please convey my withdrawal to the Planning commission before its scheduled meeting tonight, so as not to waste their time any further. Thank you for all your assistance in this matter. Sincerely, Robert M. Janicki, homeowner 832 Great Bend Dr. Diamond Bar 1