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Home My WebLink About10/26/2004CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, October 26, 2004 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2004-46 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Dan Nolan, Vice -Chairman Jack Tanaka, Ruth M. Low, Joe McManus, Steve Tye 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recordina Secretary (Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: October 12, 2004. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2004-25/Tree Permit No. 2004-09 Pursuant to Code Sections 22.48.020.(a)(1) and 22.38) - this application is a request to construct a three story single-family residence with a five car garage, covered patios and balconies totaling to approximately 14,680 square feet. The request also includes a series of retaining walls within the front, side and rear yards varying in height with a maximum exposed height of six feet. The Tree Permit is related to the removal/replacement/protection of walnut trees. OCTOBER 26, 2004 PAGE 2 PLANNING COMMISSION Project Address: 2718 Steeplechase Lane (Tract 30289, Lot 54) Property Owner: Dr. and Ms. R. Mok and M. T. Mok 1636 Fox Glen Drive Diamond Bar, CA 91765 Applicant: Mr. Rupert Mok & Architects 829 S. Lemon Avenue, Suite Al 1-B Walnut, CA 91789 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2004-25/Tree Permit No. 2004-09, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2004-36/Minor Conditional Use Permit No. 2004-12 Pursuant to Code Sections 22.48, 22.56, and 22.68 this application is a request to construct an approximate 780 square feet addition to the rear and to remodel an existing 1,680 gross square feet one story single family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of a legal nonconforming side setback distance. Project Address: 2437 Harmony Hill Drive Property Owner: Min Cho 2437 Harmony Hill Drive Diamond Bar, CA 91765 Applicant: Son Cho 2437 Harmony Hill Drive Diamond Bar Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2004-36/Minor Conditional Use Permit No. 2004-12, Findings of Fact, and conditions of approval as listed within the draft resolution. OCTOBER 26, 2004 N �7 10. PAGE 3 PLANNING COMMISSION PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: FALL FUN FESTIVAL: PUBLIC SAFETY COMMITTEE MEETING CITY COUNCIL MEETING PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING 11. ADJOURNMENT: Thursday, October 28, 2004 - 7:00 P.M. Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Sunday, October 31, 2004, 4:30 - 8:30 P.M. Heritage Park, 2900 S. Brea Canyon Rd. Monday, November 1, 2004 - 7:00 P.M. Diamond Bar/Walnut Sheriff Station 221695 E. Valley Blvd., Walnut Tuesday, November 2, 2004 - 6:30 P.M. Government Center/SCAQMD - Auditorium 21865 Copley Drive Tuesday, November 2, 2004 - 7:00 p.m. Government Center/SCAQMD - Auditorium 21865 Copley Drive Thursday, November 11, 2004 - 7:00 P.M. Government Center/SCAQMD Hearing Board Room 21865 Copley Drive PLANNING FILE COPY COMMISSION AGENDA October 26, 2004 7:00 P.M. South Coast Air Quality Management District Government Center Building Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Dan Nolan Jack Tanaka Ruth M. Low Joe McManus Steve Tye Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 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 11 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. SII Dhll►IOi1'D R J Illi°i'�'�. x -jCdz:ie rerrarn from smoking, eating or The City of drinking in the Auditorium Diamond Bar uses recycled paper and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES 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 arca. 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 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, October 26, 2004 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2004-46 ROLL CALL: COMMISSIONERS: Chairman Dan Nolan, Vice -Chairman Jack Tanaka, Ruth M. Low, Joe McManus, Steve Tye 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five -mi iute maximum time limit when addressor I the Planninq Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: October 12, 2004. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No 2004-25/Tree Permit No 2004-09 Pursuant tc Code Sections 22.48.020.(a)(1) and 22.38) - this application is a request to construct a three story single-family residence with a five car garage, covered patios and balconies totaling to approximately 14,680 square feet. The request also includes a series of retaining walls within the front, side and rear yards varying in height with a maximum exposed height of six feet. The Tree Permit is related to the removal/replacement/protection of walnut trees. Project Address: 2718 Steeplechase Lane (Tract 30289, Lot 54) OCTOBER 26, 2004 PAGE 2 PLANNING COMMISSION Property Owner: Dr. and Ms. R. Mok and M. T. Mok 1636 Fox Glen Drive Diamond Bar, CA 91765 Applicant: Mr. Rupert Mok & Architects 829 S. Lemon Avenue, Suite A11 -B Walnut, CA 91789 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2004-25/Tree Permit No. 2004-09, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2004-36/Minor Conditional Use Permit No. 2004-12 Pursuant to Code Sections 22.48, 22.56, and 22.68 this application is a request to construct an approximate 780 square feet addition to the rear and to remodel an existing 1,680 gross square feet one story single- family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of a legal nonconforming side setback distance. Project Address: 2437 Harmony Hill Drive Property Owner: Min Cho 2437 Harmony Hill Drive Diamond Bar, CA 91765 Applicant: Son Cho 2437 Harmony Hill Drive Diamond Bar Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2004-36/Minor Conditional Use Permit No. 2004-12, Findings of Fact, and conditions of approval as listed within the draft resolution. OCTOBER 26, 2004 PAGE 3 PLANNING COMMISSION 4 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: FALL FUN FESTIVAL: PUBLIC SAFETY COMMITTEE MEETING: CITY COUNCIL MEETING PLANNING COMMISSION MEETING: 'TRAFFIC AND 'TRANSPORTATION COMMISSION MEETING 11. ADJOURNMENT: Thursday, October 28, 2004 - 7:00 P.M. Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Sunday, October 31, 2004, 4:30 - 8:30 P.M. Heritage Park, 2900 S. Brea Canyon Rd. Monday, November 1, 2004 - 7:00 P.M. Diamond Bar/Walnut Sheriff Station 221695 E. Valley Blvd., Walnut Tuesday, November 2, 2004 - 6:30 P.M. Government Center/SCAQMD - Auditorium 21865 Copley Drive Tuesday, November 2, 2004 - 7:00 p.m. Government Center/SCAQMD - Auditorium 21865 Copley Drive Thursday, November 11, 2004 - 7:00 P.M. Government Center/SCAQMD Hearing Board Room 21865 Copley Drive File avi owning and on wrong � and is ready for DRAFT • MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 12, 2004 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Low led the Pledge of Allegiance. 1 • ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka, Commissioners Ruth Low, Joe McManus and Steve Tye. • Also present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4• CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 28, 2004. C/Tye moved, C/McManus seconded to approve the minutes of the Regular Meeting of September 28, 2004, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tye, McManus, Low, WC Tanaka Chair NOES: COMMISSIONERS: None Nolan ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None • 6. NEW BUSINESS: None DR A, UF TL OCTOBER 12, 2004 Page 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): None 7.1 Development Review No. 2004-35 Pursuant to Code Section 22.48.020.A this application was a request to construct a two-story, single-family residence of approximately 9,477 gross square feet with a four -car garage including balconies, porch, porte cochere and retaining wall with a maximum exposed height of 42 inches. PROJECT ADDRESS: 3067 Windmill Drive (Lot 2, Tract 50314) Diamond Bar, CA 91765 PROPERTY OWNER/ Windmill Estates, LLC/Richard Gould APPLICANT: 3480 Torrance Boulevard #300 Torrance, CA 90503 AssocP/Lungu presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-35, Findings of Fact, and conditions of approval as listed within the resolution. Kurt Nelson, applicant, said he was present to answer questions. Chair/Nolan opened the public hearing. With no one present who wished to speak on this item, Chair/Nolan closed the public hearing. C/McManus moved, C/Tye seconded to approve Development Review No. 2004-35, Findings of Fact, and conditions of approval as listed in the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: McManus, Tye, Low, Chair/Nolan, VC/Tanaka, NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OCTOBER 12, 2004 Page 3 PLANNING COMMISSION 8. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: C/Low reported that she visited the spa that the Commission approved several meetings ago and was particularly impressed with the lovely room decorated in the Rain Forest motif. 9. STAFF COMMENTS AND INFORMATION ITEMS: DCM/DeStefano reported that staff members last week attended the International Council of Shopping Center Developers conference. He showed slides of the City's booth that focused on the traffic opportunity and four projects including the Calvary Chapel property, Site D, the Brea Canyon Road Walnut Valley Trailer Park property and the Country Hills Towne Center. Staff felt that this was the best year for the show with increased optimism regarding development in general. Most interest seemed to be on the Brea Canyon site and the Site D properties. There was a lot of interest in the Calvary Chapel site but since most people know the components of • the project there was not as much interest as anticipated. There was also a great deal of interest in the Country Hills Towne Center. This is not the kind of trade show that provides instant feedback and the City will engage in personal contact and follow up over the next six months to gauge its success. Multi -family dwelling units and condominium projects were a topical issue and several people inquired whether Diamond Bar had such property. There are several suitable small pieces such as the one behind the Mormon Church on Diamond Bar Boulevard, the piece behind the Congregational Church near Pathfinder Road on Diamond Bar Boulevard and about mid -block at Mountain Laurel on the east side of Diamond Bar Boulevard. Those properties seemed to be of great interest to developers and perhaps in the next year the City would begin to see project submittals on those properties. DCM/DeStefano announced that Nancy Fong would join the City as its new Planning Manager on October 25 and would be introduced to the Commission on October 26. Nancy Fong is a resident of Chino Hills and has worked in her profession for about 25 years - 20 years of which she worked for the City of Rancho Cucamonga. DCM/DeStefano said that this appointment would allow him to focus on economic development and annexation projects. DCM/DeStefano stated that some inside City Hall office spaces would be rearranged over the next few weeks to make it more efficient for staff to deal with customer service issues. 0 r.ya nr�—t OCTOBER 12, 2004 Page 4 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 7.24 p.m. Respectfully Submitted, James DeStefano, Deputy City Manager Attest: Dan Nolan, Chairman a PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 -TEL (909) 839-7030 FAX (909) 861-3117 AGENDA ITEM NUMBER. 7.1 MEETING DATE October 26, 2004 REPORT DATE October 15, 2004 CASE/FILE NUMBER: Development Review 2004-25/Tree Permit No.2004-09 PROJECT LOCATION: 2718 Steeplechase Lane (Lot 54, Tract 30289) Diamond Bar, CA 91765 APPLICATION REQUEST. To approve the construction of a three- story single-family dwelling with a five car garage, covered patios and balconies totaling to approximately 14,680 square foot. The request also includes: A series of retaining walls within the front, side and rear yards varying in height with a maximum exposed height of six feet; and the removal, replacement and protection of walnut trees. PROPERTYOWNERS: Dr. and Mrs. R. Mok and M. T. Mok 1636 Fox Glen Drive Diamond Bar, CA 91765 APPLICANT. Rupert Mok 829 S. Lemon Avenue, #A11 -B Walnut, CA 91789 STAFF RECOMMENDATION: Approve Development Review No. 2004-25 and Tree Permit No.2004-09 allowing the construction of a three-story single family dwelling of approximate 14,680 square foot, retaining walls with a maximum exposed height' of six feet and the removal of 12 walnut trees. BACKGROUND: The property owners, Dr. and Mrs. R. Mok and M. T. Mok and applicant, Mr. Rupert Mok are requesting approval of Development Review No. 2004-25 and Tree Permit No. 2004- 09 (pursuant to Code Section 22.48.020. (a)(1) and 22.38) in order to construct a three- story single-family dwelling containing a combined floor area of approximately 14,680 square feet (including a five car garage, balconies and covered patios). The request also includes a series of retaining walls within the front, side and rear yards of varying heights not to exceed an exposed height of six feet and the removal of 12 walnut trees. The project site is located at 2718 Steeplechase (Lot 54, Tract No. 30289) within a gated community identified as "The Country Estates". The project site is a rectangular shaped vacant lot of approximately 1.20 gross acres (1.11 net acres). It slopes upward from Steeplechase Lane to the rear property line. An existing driveway easement traverses the front portion of the project site approximately 58 feet east of the centerline of Steeplechase Lane. The driveway easement also traverses the front portion of Lots 51, 52, 53, (54 -project site) 55, 56, and 57. A recreational/equestrian easement was located within the rear portion of the project site; however, this easement was vacated in its entirety in April 1990. General Plan and Zoning: The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. The zoning designation is Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000). Generally, the following zones and uses surround the project site: North: R-1, 20,000 (Single Family Residential -Minimum Lot Size 20,000 Square Feet); South: R-1, 20,000 (Single Family Residential -Minimum Lot Size 20,000 Square Feet); East: R-1, 20,000 (Single Family Residential -Minimum Lot Size 20,000 Square Feet); West: R-1, 20,000(Single Family Residential -Minimum Lot Size 20,000 Square Feet), Diamond Bar Boulevard, R-1-7,500 and Country Hills Town Center; ANALYSIS: o Applications/Review Authority The proposed project involves two applications, Development Review and Tree Permit. The proposed project also involves the construction of one single-family dwelling unit on a vacant lot. Development Code Section 22.48.020.(a)(1) requires Development Review by the City's Planning Commission for residential projects that propose new construction on a vacant parcel. Development Code Section 22.38 addresses the process and standards for specific tree species and the Director is the decision maker. The Development Code requires that when more than one application is involved that the processing be simultaneously. As a result and for this project, the Planning Commission is the review authority for both applications. DR 200425 Page 2 o Development Review The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process also ensures that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interests of residents, workers, shoppers, and visitors as the result of consistent exemplary design. The following provides an overview of the proposed development as it relates to the City's adopted standards and applicable design guidelines, which are intended to minimize adverse effects on surrounding properties and the environment. o Development Standards Each residentially zoned property, when considered for development, must maintain minimum front, side and rear yard setback areas in addition to other development and design criteria (e.g. parking, landscaping, height limits, lot coverage, etc.). The purpose of these development standards is to: provide for open areas around buildings and structures; to provide access, natural light, ventilation and direct sunlight; to separate incompatible land uses; to provide space for privacy and landscaping; to support public safety; and to preserve neighborhood character as stipulated in the City's General Plan. The following is a comparison matrix that delineates the City's applicable required development standards and the project's proposed development standards. DR 2004_25 PBg, 3 (The proposed project has the approval of The Country Estates Hrcnitecturai LOUI11rrnucc.1 o Architectural Features The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design, and landscape architecture. Additionally, a primary objective is to promote compatibility with adjacent uses in order to minimize any potential negative impacts. In this case, the proposed project is a single- family residence to be located among other single-family homes of comparable size. The proposed architectural style, as described by the applicant, is an eclectic Mediterranean design. Prominent architectural features include the front entry flanked by Corinthian type columns, balconies, balustrades, fenestration and varying planes of the front fagade. The proposed architectural style is compatible with other residences within Tract No. 30289 and "The Country Estates" due to the eclectic architectural style that exists in this area The material/color board indicates earth -toned shades will be used for the exterior finish as follows: DR 2004-25 Page 4 35 feet (maximum) measured 35 feet measured from the i Yes Yes height Buildinght limit l finished from the natural or natural or finished grade grade As required by Chapter 22.24 Conceptual landscape plan Landscaping (Landscaping) submitted; Install Yes ornamental plant material to stabilize the slopes Retaining wall (height) 8 feet (maximum exposed 6 feet (maximum exposed Yes height) for arying topography height) 2 parking stalls in a 20' x 20' 5 parking stalls (2-20' x 20'; Yes Parking enclosed garage. 3- 9' x 20') in an enclosed garage Pool — 30 & 50 feet from Street side—same setback as side property lines & 130 Accessory structures residence; rear and sides feet from rear property line; Yes (i.e., pool, spa, free- Yards -5 feet from property lines patio cover — 15 & 90 feet standing patio covers) from side property lines & 130 feet from rear property line Lot Coverage 30% Approximately 14% Yes (The proposed project has the approval of The Country Estates Hrcnitecturai LOUI11rrnucc.1 o Architectural Features The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design, and landscape architecture. Additionally, a primary objective is to promote compatibility with adjacent uses in order to minimize any potential negative impacts. In this case, the proposed project is a single- family residence to be located among other single-family homes of comparable size. The proposed architectural style, as described by the applicant, is an eclectic Mediterranean design. Prominent architectural features include the front entry flanked by Corinthian type columns, balconies, balustrades, fenestration and varying planes of the front fagade. The proposed architectural style is compatible with other residences within Tract No. 30289 and "The Country Estates" due to the eclectic architectural style that exists in this area The material/color board indicates earth -toned shades will be used for the exterior finish as follows: DR 2004-25 Page 4 Roof Eagle Tile ICBO: #4660 color blended; Malibu No. 2118 — Terracotta Gold Stucco Behr: Aspen X-23 — light tan Mouldings, Columns Behr/Sandstone Product: eggshell white — off-white The proposed color palette is varying shades of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. o Floor Plan A floor plan is included as part of Exhibit "A". The first floor or basement level contains a recreation room with wet bar, home theater, dark room, exercise room with bathroom and sauna, utility room, maid's room with bathroom, workshop, and five car garage. The second floor contains an grand foyer, powder room, guest room with bathroom, library with den and bathroom, family room with wet bar, living room, dining room, kitchen with nook, wok room and pantry, tatami room, bathroom, master bedroom with bathroom and four exterior patios. The third floor contains four bedrooms each with a bathroom, master suite, prayer room, study/studio, laundry room and five exterior balconies. A total of eight bedrooms are proposed with a five car garage. Also, it will be possible to park at least three additional cars in the driveway area and within the garage if parked in tandem. Therefore, staff believes that the number of bedrooms in relationship to the number of parking spaces that will be provided offer adequate parking for the proposed project. o Grading/Retaining Walls The preliminary grading plan was submitted for this project and indicates earthwork at 1,320 cubic yards of cut and 802 cubic yards of fill. The purpose of the earthwork is to prepare the pad area for the proposed project. The fill work will occur mainly within the front portion of the project site. The cut work will occur in the middle and rear portion of the project site. The Development Code allows walls/retaining walls with an exposed height of six feet. Retaining walls with a maximum height of eight feet within the rear and rear side yards due to varying topography may be approved by the Director. Walls/retaining walls within the front setback may not exceed an exposed height of 42 inches. For this project, a series of retaining walls are proposed within the front, rear and side yards. The retaining walls are proposed at varying heights with a maximum exposed height of six feet. Retaining walls proposed within the front yard are not within the 30 foot front yard setback. As a result, all proposed retaining walls comply with Development Code standards. The purpose of the retaining walls is to support the proposed access to the residence, driveway, buildable pad area for the proposed residence and rear yard recreational area. DR 2004_25 Peggy 5 o Common Driveway Easement An existing driveway approximately14 to 16 feet wide (common access point) traverses the front portion of the project site (Lot 54) as well as Lots 51 through 57 behind the 30 foot front yard setback. The project site slopes up from Steeplechase Lane and due to the elevation of these lots above Steeplechase Lane, the existing common access driveway is necessary. The common driveway is utilized as a non-exclusive access easement for these specified lots. This easement is not a recorded easement, but it was clearly constructed to be a common access for Lots 51 through 57. The common access easement is in need of repair and as the vacant lots are developed and existing lots are improved, the opportunity to improve the easement will occur. In this case, the property owner will be required to repair their portion of the easement and repair damage to the easement as a result of construction. Additionally, construction equipment and materials will not be allowed to block the access easement while development of the project site occurs. Furthermore and prior to the issuance of any City permits, the applicant will be required to provide the City with a defined access route for construction vehicles to and from Steeplechase Lane for the City's review and approval and an assessment of the common access easement condition. Prior to final occupancy/final inspection, it will be required that the common access easement condition be re -assessed and the applicant repair any damage to the said easement. In addition, on an on-going as needed basis, the applicant will be required to repair damage that may occur to the shared common access easement during construction to the satisfaction of the City Engineer. o Tree Permit According to Development Code Section 22.38. -Tree Preservation and Protection, the City protects oak, walnut, sycamore and willow trees with a diameter at breast height (DBH) of eight inches or greater and pepper trees, where appropriate, with the same DBH upon lots of greater than one-half acre. The Code also allows the removal and replacement of said trees under certain circumstances (see Tree Permit Findings listed below). According to the applicant, the project site contains 23 walnut trees with DBH varying from two to less than eight inches. The applicant is requesting to remove 12 of the 23 walnut trees. The two of the 12 walnut trees to be removed are located within the front portion of the project site adjacent to the entry of the proposed residence. The remaining 10 walnut trees to be removed are located within the rear portion of the project where the pool, patio cover and retaining walls will be located. The remaining 11 walnut trees are located in the rear portion of the project site outside the buildable pad area. Pursuant to the Development Code, walnut trees less than eight inches at DBH are exempt from replacement and protection requirements. However and prior to the issuance of any City permits, the applicant will be required to have the quantity, size and location of the walnut trees verified by a certified arborist and submit a report prepared by the certified arborist to the City for review and approval. If said trees have a DBH of eight inches or greater, the trees that will remain shall be protected according to Development Code Chapter DR 2004-25 Page 6 22.38 — Tree Preservation and Protection. The trees that will be removed shall be replaced at a 3:1 ratio with 24 inch box size walnut trees for six or fewer or 15 gallon for seven or more. o Landscaping One of the main purposes of landscaping is to protect the public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment (Section 22.24.010). The preliminary landscape plan delineates the species, quantity and size of the proposed plant materials to be utilized throughout the site. The plan provides for a variety of grasses and ground cover, flowering plants, and shrubs and trees. However, an irrigation plan must also be submitted prior to the issuance of any City permits. It is staff's opinion that the preliminary landscaping as proposed and with the required irrigation plan will enrich the appearance of the proposed residence as well as provide an appropriate buffer between the adjacent land uses. All landscaping and irrigation shall be installed prior to the project's final inspection or Certificate of Occupancy. Additional Review: The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303, Class 3 (a) (New Construction or Conversion of Small Structure), the City has determined that this project is Categorically Exempt. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Vallev Tribune on October 13, 2004. Public hearing notices were mailed to approximately 48 property owners within a 500 -foot radius of the project site on September 30, 2004. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on September 30, 2004. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2004-25, Tree Permit No.09, Findings of Fact and conditions of approval as listed within the attached resolution DR 2004-25 Page 7 REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development is consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values ore resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED TREE PERMIT FINDINGS: (It shall be necessary that one or more of the following findings be made, otherwise the application shall be denied.) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; 2. The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); 3. The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; DR 2004-25 Page 8 4. The tree is a public nuisance by causing damage to improvements, (e.g. building foundation, retaining walls, roadways/driveways, patios, and decks); 5. The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; 6. The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and 7. Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards). Prepared by: A. B. PLANNING COMMISSION O RESOLUTION NO. 2004 -XX R qF r A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-25, TREE PERMIT NO. 2004-09 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE-STORY SINGLE-FAMILY RESIDENCE WITH A FIVE CAR GARAGE, BALCONIES AND COVERED PATIOS TOTALING TO APPROXIMATELY 14,680 SQUARE FEET. THE REQUEST ALSO INCLUDES THE FOLLOWING: A SERIES OF RETAINING WALLS IN THE FRONT, SIDE AND REAR YARDS WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET FOR EACH WALL; AND THE REMOVAL OF TWELVE WALNUT TREES. THE PROJECT SITE IS LOCATED AT 2718 STEEPLECHASE LANE (LOT 54, TRACT NO. 30289), DIAMOND BAR, CALIFORNIA. RECITALS. The property owner, Dr. and Mrs. R. Mok and M. T. Mok and applicant, Mr. Rupurt Mok have filed an application for Development Review No. 2004-25, Tree Permit No. 2004-09 and categorical exemption for a property located at 2718 Steeplechase Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On October 13, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On September 30, 2004, public hearing notices were mailed to approximately 48 property owners within a 500 -foot radius of the project site. Furthermore on September 30, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 26, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303(a) of the 1 California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site located at 2718 Steeplechase Lane (Lot 54, Tract No. 30289) within a gated community identified as "The Country Estates". The project site is a rectangular shaped vacant lot of approximately 1.20 gross acres (1.11 net acres). It slopes upward from Steeplechase Lane to the rear property line. An existing common driveway easement traverses the front portion of the project site approximately 58 feet east of the centerline of Steeplechase Lane. The driveway easement also traverses the front portion of Lots 51, 52, 53, (54 -project site) 55, 56, and 57. A recreational/equestrian easement was located within the rear portion of the project site; however, this easement was vacated in its entirety in April 1990. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zones and uses surround the project site: North: R-1, 20,000 (Single Family Residential -Minimum Lot Size 20,000 Square Feet); South: R-1, 20,000 (Single Family Residential -Minimum Lot Size 20,000 Square Feet); East: R-1, 20,000 (Single Family Residential -Minimum Lot Size 20,000 Square Feet); West: R-1, 20,000(Single Family Residential -Minimum Lot Size 20,000 Square Feet), Diamond Bar Boulevard, R-1-7,500 and Country Hills Town Center; (e) The Application request is to construct a three-story single-family dwelling containing a combined floor area of approximately 14,680 square feet (including a five car garage, balconies and covered patios). The request also includes a series of retaining walls within the front, side and rear yards of varying heights not to exceed an exposed height of six feet and the removal of 12 walnut trees. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is a vacant of approximately 1.20 gross acres subdivided by Tract Map No. 30289 under the jurisdiction of Los Angeles County prior to the City's incorporation in April 1989. At the time of the subdivision approval, the project site was cited for residential development. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to incorporation and the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.20 gross acres. Additionally, the proposed project complies with the General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The proposed project, as presented, complies with all the City's development standards (i.e., setback, lot coverage, height, architectural requirements set forth by City's Design Guideline, landscaping/irrigation, etc.) The proposed project also includes the construction of a series of retaining walls related to creating/supporting the pad due to the project site's topography. The City's Development Code hillside management standards allow terraced retaining walls separated by a minimum three feet with appropriate landscaping for unusual or extreme conditions (i. e. lot configuration, steep slope, or road design). Additionally, the Development Code also allows walls within the front (not within the 30 foot front yard setback), side and rear yards with a maximum exposed height of six feet as proposed by this project. Furthermore, the proposed project has obtained the approval of '?he County Estates"Architectural Committee and the project is compatible with the eclectic architectural style, colors and material and size of other homes within "The Country Estates ". (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. 3 As referenced above in Finding (f), the proposed project is a single- family residence, consistent with other single family residences established within "The Country Estates". As such, the proposed residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will remain a single-family residence. Additionally, Steeplechase Lane adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates are private streets managed and maintained by the homeowners association within this gated community. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in application) is Mediterranean. This style is compatible with other residences within Tract No. 30289 and `The Country Estates" due to the eclectic architectural style that is existing in this area. The applicant has obtained "The Country Estates" Homeowners' Association Architectural Committee. The proposed color palette is varying shades of earth tones as follows: Roof Eagle Tile ICBG: #4660 color blended; Malibu No. 2118 — Terracotta Gold Stucco Behr: Aspen X-23 — li ht tan Mouldings, Behr/Sandstone Product: eggshell white — off-white Columns „ _ The proposed materials offer a variety or textures. /is a resuli, ilia proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Additionally prominent architectural features include the front entry flanked by Corinthian type columns, balconies, balustrades, fenestration and varying planes of the front fagade. As a result, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above Findings (f) through (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco and stone accent and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. Tree Permit (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (q) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (r) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (s) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (t) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (u) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (w) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards Tree Permit No. 2004-09 is a request to establish whether or not the tree species specified in the City's Development Code exist on the project site and to determine if removal, protection and replacement are appropriate. According to the applicant, the project site contains 23 walnut trees with DBH varying from two to less than eight inches. The applicant is requesting to remove 12 of the 23 walnut trees. The two of the 12 walnut trees to be removed are located within the front portion of the project site adjacent to the entry of the proposed residence. ' The remaining 10 walnut trees to be removed are located within the rear portion of the project site where the pool, patio cover and retaining walls will be located. The remaining 11 walnut trees are located in the rear portion of the project site outside the buildable pad area. Pursuant to the Development Code, walnut trees less than eight inches at DBH are exempt from replacement and protection requirements. However and prior to the issuance of any City permits, the applicant will be required to have the quantity, size and location of the walnut trees verified by a certified arborist and submit a report prepared by the certified arborist to the City for review and approval. If said trees have a DBH of eight inches or greater, the trees that will remain shall be protected according to Development Code Chapter 22.38 — Tree Preservation and Protection. The trees that will be removed shall be replaced at a 3:1 ratio with 24 inch box size walnut trees for six or fewer or 15 gallon for seven or more. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and 0 colors/materials board collectively labeled as Exhibit "A" dated October 26, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate the location, size and quantity of all plant species. Plant materials shall be utilized to screen the retaining walls. Prior to final inspection or Certificate of Occupancy, it will be required that all landscaping/irrigation be installed. (d) Retaining walls not located in 30 foot front yard setback shall not exceed an exposed height of six feet as delineated in Exhibit "A". (e) The residential structure shall not exceed a height of 35 feet from the natural or finished grade. Said height shall include the chimney. At the rough framing stage, the height of residential structure shall be certified by a licensed engineer approved by the City at the applicant's expense. (f) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by. the State of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Retaining walls' elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated; and (5) If applicable, flood hazard and restricted use area. (g) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval. The geotechnical report shall reference the stability of the retaining walls to withstand pressure of the retained soils and the appropriated recommendations for 7 the project's construction and common driveway easement's reconstruction. (h) Prior to pad inspection and final inspection or Certificate of Occupancy issuance, the Applicant shall obtain and submit to the Public Works and Building and Safety Divisions a Rough Grade and Fine Grade Certifications by the project's soils and civil engineers. (i) Applicant shall provide service connections for water., sewer, gas, electric, etc. (j) Prior to commencement of grading activities, the applicant shall provide the City with a defined access route for construction vehicles to and from Steeplechase Lane. The applicant shall provide an assessment of the common driveway easement condition to the City Engineer. Prior to final occupancy, the common driveway easement condition shall be re- assessed and the applicant shall repair any damage to the easement, as a result of construction activities. On an ongoing as needed basis, the applicant shall repair damage that may occur to the common driveway easement during construction, according to the satisfaction of the City Engineer. (k) Applicant shall re-construct their portion of the common driveway easement that traverses the project site, pursuant to the design recommendations within the soils report and to the satisfaction of the City Engineer and Fire Department. (1) If required by the City Engineer, the applicant shall widen the common driveway easement within the front portion of the project site to 20 feet. (m) If required by the City Engineer, the applicant shall prepare, execute and record with Los Angeles County recorder office a Covenant, Conditions & Restrictions (CC&R) Agreement including the legal description of the common driveway easement with all affected property owners adjacent to the common driveway easement. A copy of the recorded CC&R Agreement shall be submitted to the City. (n) Slope of the proposed driveway shall be approved by the Fire Department. (o) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. A (p) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (q) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. (r) An Erosion Control Plan shall be required for grading permits issued between October 1 and April 15. (s) Prior to the issuance of any City permits, the applicant shall submit a hydrology study for the City's review and approval. All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage course. On-site drainage shall not be conveyed to adjacent parcels. (t) The proposed residence shall comply with the State Energy Conservation Standards. (u) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (v) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (w) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (x) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (y) Prior to digging the foundation and setting forms, the applicant (at the applicant's expense) shall provide a certified land survey to the City verifying the required setback locations pursuant to the Development Code, Exhibit "A" and as shown in the comparison matrix of the staff report. 9 (z) All balconies shall be designed for a 40 pound per square foot live load. (aa) Applicant shall provide temporary sanitation facilities while project is under construction. (bb) Prior to plan check submittal, applicant shall delineate on the construction plans roof material, stucco and window colors. (cc) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (dd) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (ee) Prior to the issuance of any City permits, the Applicant 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 shall be completed and recorded with the Los Angeles County Recorders Office. (ff) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (gg) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (hh) 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, 10 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: Dr. and Mrs. R. Mok and M. T. Mok, 1636 Fox Glen Drive, Diamond Bar, CA 91765 and Mr. Rupert Mok, 829 S. Lemon Avenue, Walnut, CA 91789. APPROVED AND ADOPTED THIS 26Th OF OCTOBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. L-" Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar„ at a regular meeting of the Planning Commission held on the 26th day of October 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 11 RECORD OWNER NAME 9S !L. �Af t K (LAST NAME, FIRST) ADDRESS—iino CITY Qn/NMOa bA-%V e,^ - ZIP _4_1 ' CITY OF DIAMOND BAR .,OMMUNITY AND DEVELOPMEN . SERVICES DEPARTMENT Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 Phone (909) 839-7030 Fax (909) 861-3117 www.CityofDiamondBar.com ❑ ADMINISTRATIVE DEVELOPMENT REVIEW DEVELOPMENT REVIEW APPLICATION APPLICANT FOR nCITY USE CASE # _' t 4- a DEPOSIT S_J,2,V-Che • c�-3 RECEIPT # PLANNER P�-t`4 - q3 APPLICANT'S AGENT NAME NAME VV M�,f (LAST NAME, FIRST) OAST NAME, FIRST) ADDRESS ADDRESS Z QAve rt1- g CITY CITY DAM100 V ZIP ZIP Q I '] a,; PHONE (y'0� ) p PHONE ( ) PHONE (iol ) 6 q FAX ( ) FAX ( ) FAX (q01) Q An application fee in accordance with Section 2244.040 of the Municipal Code must accompany this Application. The applica Ion fee is either a flat fee or a deposit plus payment of the Cltys processing costs Computed on an hourly basis. The applicable fee or deposit amount for this application is Indicated above. If It Is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; If processing costs are less than the deposit, a refund will be paid. NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.11 Consent of Owners: I certify that I am the owner of the herein -described property and permit the applicant to file this request. SIGNED ( ALL RECORD DATE -d o Certification: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. PRINT NAME p�2T /-? o ( APPLICANT OR AGENT ) PROJECT LOCATION- /0 Sj - E�ZSE L424&e PRESENT USE OF SITE: vcA co PROPOSED USE: I DATE 4_11"0AJ013401l 64 r�l 7 6 �y ADMINISTRATIVE REVIEW APPLICATION DEVELOPMENT REVIEW a Complete Burden of Proof pages 3 LEGAL DESCRIPTION (All ownerships comprising the proposed lot(s)/parcel(s). Lef �1. or-r(Y�G'� 407-09 PROJECT SIZE: 11,41-170 gross square feet LOT COVERAGE: 1 DENSITY: MAXIMUM HEIGHT: S NO. OF FLOORS: 2 4- &,49L-4 RESIDENTIAL UNITS TOTAL UNITS STUDIO 1 BEDROOM 2 OR MORE BEDROOMS & PARKING TOTAL PARKING GARAGE CAPACITY CARPORTS UNCOVERED PARKING/ STALLS ARCHITECTURAL STYLE: COMMERCIAL/ INDUSTRIAL GROSS SQUARE FEET PARKING TOTAL NO. OF BUILDINGS STANDARD STALLS HADICAPP STALLS RESIDENTIAL & COMMERCIAL/ INDUSTRIAL LANDSCAPING GROSS SQ. FT. —• sq. ft. GRADING: YES 0 or NO 0 IF YES TOTAL QUANTITY: TOTAL CUT: TOTAL FILL: IMPORT: YES 0 or NO 0 IF YES QUANTITY: EXPORT: YES 0 or NO 0 IF YES QUANTITY: RETAINING WALLS MAXIMUM EXPOSED HEIGHT: GENERAL PLAN ZONING HOUSE NUMBERING MAP PREVIOUS CASES 2 DEVELOPMENT REVIEW AND ADMINISTRATIVE DEVELOPMENT REVIEW BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Division/Planning Commission the following facts: (Answers must be detailed and complete. Attach additional sheets of paper if necessary.) 1. 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 special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); IDI . 2. The design and layout of the proposed development will not interfere with the use and eitjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by the Development Code, General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as it neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; and 5. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on the property values or resale(s) of property) to the properties or improvements in the vicinity. V Applicants Signature ( 44- avvj_ Date 6 / AWL HOND BAkil illl r - Alk P` ^ate R PRESERVATION ( ] The subject property is Y2 acre or less and is exempt from Tree Preservation Requirements. [?k] The subject property contains no native coast live Yoak, 4califor` black walnut, California sycamore, arroyo willow, or a n�' a pepper trees. [ ] The subject property contains one or more coast live oak, California black walnut, California sycamore, arroyo willow, or pepper trees. The applicant anticipates that no activity (grading and/or con. struction) will take place within five (5) feet of the outer dripline of any coast live oak, California black walnut, California sycamore, arroyo willow, or pepper tree. [ ] The subject property contains one or more coast live oak, California black walnut, California sycamore, arroyo willow, or pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any coast live oak, California black walnut, California sycamore, arroyo willow, or pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. (Applicant's Signature) 8 (Date) CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT CITY ,_ - Kase t ' I Planning Divisionj FPL _ 21825 E. Copley Drive Deposit Diamond Bar. CA 91765 ,,, ^T C � I Bec tpt �V a o Phone (909) 839-7030 Fax (909) 861-3717 1 Date Rc,:,: CIT) t ,I 1989/coir TREE PERMIT APPLICATION Record Owner Applicant .Applicant s .Agen: Name ;I iz t'lfj. t4 Lf Mctct �t%1��IZf �'k- 5e Y'r-v�t (Last name first) �J ( t name first) (Last name t'ITst, A j Address�n�0 T� (�l`-1 Vi/ iAv City V Ib mOra p 13a-f� _�.�lxL Nus �A �r 14'/ 1 r� fvo 1 c�i" 1177' Zip ,,pp ( C�O� �/�� li'�b Phone (1l Phon,0 Ky(� Phone r J � NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet. if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directory of corporations.) Consent: I certify that lam the owner of the herein -described property and permit the applicant to file this request. Signed ,— ` �' Date - (All record owners) Certification: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name (Applicani or A eno Signed �Date (.Applicant or Agent _ocation (i.e. address or general description of location) and legal description of propt er/y in question: (use additional sheets as necessary i a i�«� t:1,1.1�+5G. i ,Id . 17IAA 0,10 illl,& 1:4 G (1/ ( Street address br tract and -low many oak, walnut, sycamore, willow, naturalized California pepper trees & reparian woodwinds will be cut, removed relocated or iamaged: It 4.111 low many oaks. walnut. sycamore, willow, naturalized California pepper trees & reparian habitat trees will remain? (.Uu►UTr6''„. ��- T-1.19 A-? t �- I Will tress to be removed, be replaced? �ee7- if yes, indicate the pro�osed size, type, location (indicated on site plan) nd schedule for planting. `11l- - L' 1.0 ire trees to be relocated? K if -yes, identify who will move them and their qualifications for doing this, 0 0 ENVIRONMENTAL INFORMATION FORM FOR RESIDENTAL PROJECTS (To be completed by applicant) General Information: Date filed: h_ 2,pr, Pertinent Permits/Apph Project Information: I. Name, Address and Phone Number of Prniert Snnncnr- 2. Name. Address and Phone Number of Key Contact Person(s): 3. Project Address: _ �QL4T I I—LIJ �iarloy fiDr2 C;>o, et ( 7 6 4. Project Assessor's Block and Parcel Number(s): 4 0 f �vl't1 02 5. Other Identification(other recorded/map location information): 6. A. Does the project require any of the following actions by the City: Administrative Development Review: YES NO Development Review: _� Minor Conditional use: A Conditional Use Permit: General Plan Amendment: Plot Plan Review: Subdivision Minor Variance: Variance: Zone Change: B. List and describe any other related standards, permits and other public approvals relevant to this project, including those required by city, regional, state and federal agencies: 2 Land Use Designations: 2 7. General Plan Designation:.y�;.,�,� > Zoning: - 1 8. Proposed Specific Use of Site: 9. A. Site Dimensions and Gross Area: o i �.2F /k = Sz, d s P i • /�` �� B. Legal Description of the Project: (attach copy to this form if necessary) L nt s4 oT U 4'; z), 0 10. Describe public or private utility easements, utility lines, structures or other facilities, which exist on the surface or below the surface of the project site. RL 11 C',Z: - 11. Associated projects: Projects or potential projects, which are directly related to this, project (i.e. potential developments, which require completion of this project): 12. Describe any anticipated phasing for this project: (number of units & timeframe) 13. Attach one copy of each of the following: A. Preliminary Soils Report. B. Preliminary Geologic Investigation. C. Drainage Study. D. Topographic Map highlighting any existing slopes of 25% or more. E. Tract map, Parcel Map, or Plot Plan clearly showing each area of cut and each area of fill: all residential unit pads (if known), and any areas with slopes 25% or more. F. Photographs showing the site from different (i.e.: north, south, east, west) vantage points and photographs showing vistas (i.e. north, south, east, west) from the site. 3 Are the following items applicable to the proposed project or its effects? (Discuss below all items, which apply, to this project: attach additional sheets as necessan ) 14. Grading: Maximum depth of excavation: 1 P Maximum depth of fill: Quantity of soil moved: t ( Y cubic yards. Will there be an on-site balance of cut and fill? LA,.t r: 15. Viewshed: Describe any change in the appearance of the site resultigg from the project as prqposed. V 1 Lgw 4ITY4 71 Op A-1% ' "Jf 4--YP I�YI.Ww�..�ll.e �v 'i�f. • /"Ai&TL.4,A I 16. Describe how the proposed project will fit into its surroundings (i.e. will the proposed project blend into and existing neighborhood? How will it relate to the size, scale, style and character of the existing surroundm, z development? UleS , 1rI,,;Il %(,—Ai-1�n ,r4.e -T, <<44_o ur-zL1n /.l 17. Describe any alteration of the existing drainage patterns, or potential for changes in surface or ground water quality or quantity. (i.e. will the flow of any permanent or intermittent surface/subsurface water change as a result of this project? How? Will there be any injection wells, septic systems, or otherfacillpef, which may affect surface or subsurface water qualin'?) ' Cu1elF ! �► �2�f11A.J0 9 lib... atA— chow 's 't f(/�t hVL DAMIJ I S. Describe anv long-term noise and or vibration, which may occur as a result of this project: (after construction will this project directly or indirectly cause the generation of noise and or vibration greater than exists now?) hill . 19. Describe anv residential construction proposed on filled land (i.e. identify the lot number of each structure proposed to be built offilled land.) 30. Do any significant tree exist on the project site now? Describe the effect this project will have on them. (i.e, oak, walnut, svcamore, willow naturalized California pepper trees & reparian habitat are considered significant). Describe whether the proposed project will disturb or cause removal of any of these trees or reparian ha itai. 11u1t✓ke 64 J gH gt;ltiti3t) W? 4 21. is the project site located in a national, state. regional or locally designated area of historical. em hronmentai other significance? If so describe. (i.e. is the site, an area designated as a hillside management area. stenirr,'nn: ecological area, significant mineral resource area, etc.) 22. Describe the environmental setting (synopsis) of the project site. This narrative shall include a descripnon o; the soil stability, slopes, drainage, scenic quality, plants. and animals which may exist on the site no%%. and ani eYictinv ctrurturec and the PYlctina lanri nce of the nrniert cite 1,7r �4 . 23. Describe the surrounding properties (synopsis). This narrative shall include a description of the soil stabili[N . slopes, drainage, and scenic quality, plants and animals, which may exist. Indicate the type of land use (residential, commercial, etc.), intensity of land use (single-family, multi family, density, commercial, professional, etc.), and scale of development (hoeht, frontage, set -back, etc.) in the fdjacent surrounding area. t , .. _ i, . _ t It �-- 1_ z Certification: 1 hereby certify that the statements furnished above and in the attached exhibits present the data and information required for initial environmental evaluation of the proposed project. All information is to the best of my knowledge, belief and ability to determine factual, true and complete Date: o—1 C 400.4 Signature: For: )Q&'Pe ?7- MP L �' A Completion of this form is required to begin review of a project. Information within this form and the required attached materials will assist the City in determining whether a Negative Declaration Mitigated Negative Declaration or Environmental Impact Report shall be required. Rev6/0? 5 I At - RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive, Diamond Bar, CA 91765 se Only COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE Development Review No. 2004-25lTree Permit No. 2004-08 The undersigned hereby certify that Dr. & Mrs. R. Mok and M.T. Mok are the owner(s) of the hereinafter described real property located at 2718 Steeplechase Lane Drive in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 54 Tract Map No. 30289 Assessor's Book and Parcel Number 8713-018-026 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/maintained for single family residential purposes only. 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. 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. By a DATED: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of , 2004 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. WITNESS my hand and official seal. Notary Public in and for said State Crl Z o �00 0 Z IV > jF - 11 cv,w in p3 KIR at 1 9W 3 no - - _ -< U. _ 3 Nilvp - c- 3 P'I o �a U �gAt INS — O ii AN P'I o �a U rT I i I ___----- -- - -- - - - - -- ---------------- -=- -�-- m i = � o � 3 I 'e C) 1 II to D m it m A n m A I 1 %tel T AJ I I — >, m . D �y KO 5 07 iF i 88 PTfi�g m A Q F _� $s I o spm i- _. __._. ._ I G r L. J iN- i : i Tl t ______I - Im 'e C) 1 II to D m it m A n m A I 1 %tel T AJ I I — >, m . D �y KO 5 07 iF i 88 PTfi�g m A Q F _� $s I o spm w 0 H J� I I _ 1 O r Tu �01 g €3 4 em Cl 0 �II 0 H J� I I _ 1 O r Tu �01 g €3 4 em Cl 0 R Lii y b t j 1 R Lii y b o0 gio 1 V. =� !• C PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR. CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.2 MEETING DATE: October 26, 2004 REPORT DATE: October 20, 2004 CASE/FILE NUMBER: Development Review 2004-36/Minor Conditional Use Permit No. 2004-12 PROJECT LOCATION: 2437 Harmony Hill Drive, Diamond Bar, CA 91765 APN: 8285-013-002 (Lot 96, Tract 25986) APPLICATION REQUEST: A request to construct an approximate 780 square feet addition to the rear and to remodel an existing 1,680 gross square feet, one-story, single-family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of legal nonconforming side setback distance. PROPERTY OWNER: Min S. Cho, 2437 Harmony Hill Drive, Diamond Bar, CA 91765 APPLICANT/AGENT: Son Cho, 2437 Harmony Hill Drive, Diamond Bar, CA 91765 STAFF Approve Development Review No. 2004-36/Minor RECOMMENDATION: Conditional Use Permit No. 2004-12 for the construction of an approximate 780 square feet addition in the rear and to remodel an existing 1,680 gross square feet, one-story, single-family residence with a two car garage. BACKGROUND: The property owner, Min S. Cho, and applicant, Son Cho, request Development Review No. 2004-36/Minor Conditional Use Permit No. 2004-12 approval to construct an approximate 780 square feet addition in the rear and to remodel an existing 1,680 gross square feet, one-story, single-family residence with a two car garage. The project's address is 2437 Harmony Hill Drive. The existing parcel was approved with Tract Map No. 25986, Lot 96, as .19 acres, 8,384 gross square feet, and 7,545 usable square feet. It is a near rectangular shaped lot with a rear slope. The original structure was approved and completed in 1962. ANALYSIS: • Review Authority This application requires Planning Commission Development Review and Minor Conditional Use Permit approval per the Diamond Bar Municipal Code, Sections 22.48.020(a)(1), 22.56, and 22.68. The 780 square feet one-story addition to the existing 1,280 livable square feet is greater than 50 percent of the structure's existing floor area and subject to the discretionary Development Review process. The Minor Conditional Use Permit approval is required to allow the continuation of the existing legal nonconforming side setback distance. The Planning Commission reviews these concurrent applications. Development Review and the Minor Conditional Use Permit processes establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the City's economic, physical, and social character. The processes ensure that the proposed project's development yields a pleasant living environment for the residents and visitors as the result of consistent exemplary design. • General Plan and Zoning General Plan designation - Low Medium Residential (RLM) Maximum 5 DU/Acre Zoning - Single-family Residence -Minimum Lot Size 7,500 Square Feet (R-1-7,500) Surrounding Zones and Uses - R-1-7,500, and single-family use surround the site • General Plan/Design Guidelines/Compatibility with Neighborhood 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, New developments shall be compatible with surrounding land uses. 2 As discussed below, the application is consistent with the neighborhood. Staff's review deems that the application is consistent with the General Plan, Municipal Code Standards, and City's Design Guidelines. • Development Standards The following is a comparison of the City's development standards and the project's proposed development standards: Development RLM Zoning District Meet Feature Requirements Proposed Requirements 3 .19 acre Minimum Lot Area 8,000 S.F. 8,384 S.F. Yes 7,545 Usable S.F. 1 Single-family Unit; Residential Densit 5 er ross acre 1 Single-family Unit Yes Front and setback 20 feet feet Yes Side yard setback 5'-0" & 10'-0,, 5'& 7' Yes* each Side yard minimum between structures 15 feet 15 feet Yes on ad'oinin arcels Rear setback 20 feet 28 feet Yes -Building Hei ht Limit 35 feet -0" (maximum) Appx. 17 feet Yes As required by Chapter Hillside Development 22.22 (Hillside One-story Not applicable Management) Install ornamental Landscaping As required by Chapter plant material; 22.24 (Landscaping) stabilize and Condition 2 in fully enclosed reserve the slo es 2 in fully enclosed Parkin arae 20'X20' . ara a 201x20' Yes** Lot Covera a 40% APpx• 29% Yes Preserved/Protected Less than one-half acre 81384 Square Feet Trees lots - exempt from Tree is less than one-half Not Applicable Permit requirements acre 3 *Legal nonconforming Definition — Land uses, structures and parcels that were lawful before the current Diamond Bar Municipal Code's adoption or amendment and which does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. A legal nonconforming structure may be altered if findings as listed on page six can be met. A Minor Conditional Use Permit approval is required to verify the addition or improvement conforms to all other applicable Municipal Code provisions and the new construction's exterior limits do not exceed the applicable height limit or encroach further into the setbacks than the existing structure. **There are five designated bedrooms with a two -car garage and large driveway. Staff anticipates adequate parking for this remodel. Architectural Features and Colors The proposed single-family residence's contemporary architectural style is maintained. The project's front architectural styling remains with wood batten and shutters. The addition is in the rear and duplicates the window style; wood trim fascia; and stucco. The multi-levels of roof lines, the wood siding, and stucco, create the texture and contrast consistent with the existing neighborhood while providing variety and low levels of maintenance. By maintaining the project's existing architectural style and palette, the application is compatible with the other homes within the neighborhood. • Floor Plans The existing kitchen is converted to a bedroom and bath, and the kitchen is relocated in the new addition. A dining room, family room and 5th bedroom are also added in the addition. • 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 plan. However, a drainage plan is required and is an approval condition. Landscaping Front yard landscape/irrigation plan is required as an approval condition because it is often destroyed during a remodel of this magnitude. The plan is required to delineate the type of Ell 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. The Municipal Code requires that any walls, gates, fountains, dense plant material, etc. that are proposed or exist within the front setback shall not exceed a maximum 42 exposed height. inches • View Impact The proposed project is a one-story home and in accordance with Municipal Code height standards and is not considered an impact to the surrounding properties' view corridor. • 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 approval conditions. NOTICE OF PUBLIC HEARING: On October 12, 2004, 81 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On October 15, 2004, the 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. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e) - (additions to existing structures where all public facilities are available). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2004- 36/Minor Conditional Use Permit No. 2004-12, 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); 9 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 (CEQA). REQUIRED NONCONFROMING STRUCTURES FINDINGS: The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 1. Incompatible with other structures in the neighborhood; 2. Inconsistent with the General Plan or any applicable specific plan; 3. A restriction to the eventual/future compliance with the applicable regulations of this Municipal Code; 4. Detrimental to the health, safety, and general welfare of persons residing in the neighborhood; 5. Detrimental and/or injurious to property and improvements in the neighborhood. REQUIRED MINOR CONDITIONAL USE PEMIT FINDINGS: 1. The proposed use is allowed within the subject zoning district with the approval of a Minor conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning districts in which the property is located, and; 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Draft Resolution of Approval; 4. Aerial; 2. Application; 5. Exhibit "A" - site plan, floor plan, elevations 3. Covenant and Agreement; and roof plan, color board, dated Oct. 26, 2004. C-1 DRAFT PLANNING COMMISSION ATTACHMENT "1 " RESOLUTION NO.2004-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-36 /MINOR CONDITIONAL USE PERMIT NO. 2004-12 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO CONSTRUCT AN APPROXIMATE 780 SQUARE FEET ADDITION IN THE REAR AND TO REMODEL AN EXISTING 1,680 GROSS SQUARE FEET, ONE-STORY, SINGLE-FAMILY RESIDENCE WITH A TWO CAR GARAGE. THE PROJECT SITE IS LOCATED AT 2437 HARMONY HILL DRIVE (LOT 96, TRACT NO. 25986), DIAMOND BAR, CALIFORNIA. A. Recitals 1. The property owner, Min S. Cho, and applicant, Son Cho, filed Development Review No. 2004-36/Minor Conditional Use Permit No. 2004-12 applications for a property located at 2437 Harmony Hill Drive (Lot 96, Tract No. 25986), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2• On October 12, 2004, 81 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On October 15, 2004, the 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 October 26, 2004, 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 per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). DRAFT ATTACHMENT "1" 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 parcel is Lot 96, Tract 25986, APN 8285-013-002, addressed 2437 Harmony Hill Drive, Diamond Bar, California. The project site is approximately. 19 gross acres, 8,384 gross square feet and 7,545 usable square feet. It is a near rectangular shaped lot with a rear slope and an existing one-story single-family residence. (b) The General Plan Land Use designation is Low Medium Residential (RLM), maximum 5 dwelling units per acre. The site is zoned Single- family Residence, R-1-7,500. (c) The R-1-7,500 zone surrounds the site. (d) The Application is a request to construct an approximate 780 square feet addition in the rear and to remodel an existing 1,680 gross square feet, one-story, single-family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of legal nonconforming side setback distance. 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 with a legal nonconforming side setback, was established before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995 General Plan land use designation is Low Medium Residential (RLM) (maximum 5 dwelling units/per acre). The Application complies with the City's General Plan 2 DRAFT objectives and strategies related to maintaining theCHMEintegrity 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; it is comparable with the existing neighborhood; it meets the required height limitations; and it does not encroach into the setbacks further than the existing structure. The proposed project is one-story in accordance with Municipal Code height standards and is not considered an impact to the surrounding properties' view corridor. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Evergreen Springs Drive and Castle Rock Road adequately serve the project site. These and the neighboring streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a legal nonconforming one-story, single- family residence. The proposed addition and remodel do not change the existing single-family use. The Application maintains the existing style which is consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. (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 unchanged in the front. The addition is in the rear. The front's multi-levels of roof lines, the wood siding, and stucco, are maintained and create the texture and contrast consistent with the existing neighborhood while providing variety and low levels of maintenance. By maintaining the existing architectural style and palette the Application is compatible with the neighborhood and 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 3 DRAFT ATTACHMENT "1" neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. 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 maintenance levels. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., thgative affect erties or on property values or resale(s) of property) prop 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. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). NONCONFROMING STRUCTURES (k) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. As stated in Item (g), the proposed project is compatible with other structures in the vicinity. Many one and two-story structures in the vicinity have remodeled and added square footage. (1) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming inconsistent with the General Plan or any applicable specific plan. As stated in Items (e) and (g), the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Municipal Code, and City Design Guidelines. _ 4 DRAFT ATTCHMENT "I' (m) The addition, enlargement, extension, reconstructionA relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of the Municipal Code. The existing parcel was appro ved by Tract Map No. 25986, Lot 96, as .19 acres. The existing structure was completed under the Los Angeles County Code in 1962 and met the required setbacks of that Code prior to the City's incorporation. Legal nonconforming is defined as any parcel or structure that was legally created or constructed prior to the current Diamond Bar Municipal Code's adoption, November 3, 1998, and which does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. The distance between structures on adjoining parcels has changed from the Los Angeles County Code of 10 feet to 15 feet. The side setbacks have changed from 5 feet to 5 feet on one side and 10 feet on the other. The existing structure has side setbacks of 5 feet and 7 feet. Although legal nonconforming for the 7 feet side, it meets the 15 feet distance between structures on adjoining parcels. The proposed project conforms to the other applicable provisions of the Municipal Code. The exterior limits of the new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity exists. No further nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. 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. (o) The addition, enlargement, extension, reconstruction,' relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. 5 DRAFT ATTACHMENT "1" As stated in Items (e -h), the architectural design of the proposed development is compatible with the surrounding neighborhood's characteristics and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. Also, as stated in Item (i), 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. MINOR CONDITIONAL USE PERMIT The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As state in Items (e -o), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. (p) (q) The proposed use is consistent with the General Plan and any applicable specific plan. As state in Item (e), the proposed use is consistent with the General Plan and any there is no applicable specific plan. (r) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e -o), the design, location, size, etc. is compatible with the existing and future land uses in the vicinity. (s) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e -o), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. 0 DRAFT ATTACMENT "I" (t) Granting the Minor Conditional Use Permit will not be detr men al to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Fire Department approvals, are required for construction. Structural plan check, City permits, and inspections; soils report and processes will ensure that the finished project will not be detrimentalThese 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. (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (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, and elevations collectively labeled as Exhibit A dated October 26, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and 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. PUBLIC WORKS (c) The applicant shall submit a Drainage Plan to the Public Works Division illustrating the drainage pattern and an erosion control plan; surface water shall drain away from the building at a 2% minimum 7 DRAFT ATTACHMENT "1" slope. Erosion control measures shall be in place for construction started after October 1 through April 15. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). The standards for the preparation of erosion control plans can be obtained from the Public Works/Engineering Division. (d) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (e) The applicant shall provide temporary sanitation facilities while under construction. (f) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (g) This single-family structure shall meet the State Energy Conservation Standards. (h) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (i) Smoke detectors shall be provided in all sleeping rooms. (j) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (k) Prior to plan check submittal, the applicant shall indicate color and type (weight) of roofing materials; and stucco and window colors on the plans. (1) Building setback from any slope (top or toe) shall meet the requirements of the 2001 California Building Code, Section 18. (m) The single-family structure requires Fire Department approval and is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; _ 8 PLANNING DRAFT ATTACHMENT "1" (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than Y2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (n) A front yard landscape/irrigation plan 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, dense plant material, etc. that may be proposed within the front setback shall not exceed a maximum height of 42 inches. (o) 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. (p) 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. (q) 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. 9 DRAFT ATTACHMENT 1" (r) 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. (s) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact 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 Min S. Cho and Son Cho, 2437 Harmony Hill Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS D6th DAY B OFOCTOBER2004, BY THE PLANNING COMMISSION OF THE CITY O By: Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of October 2004, by the following vote: AYES: Commissioners: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: James DeStefano, Secretary 10 RECORD GW�ER NAME Q �( TY OF DIAMOND BAR COMMUNITY AND DEVELOPMEI . SERVICES DEPARTMENT Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 Phone (909) 839-7030 Fax (909) 861-3117 www.CityotDiamondiBar.com ❑ ADMINISTRATIVE DEVELOPMENT REVIEW DEVELOPMENT REVIEW APPLICATION APPLICANT NAME -C-H U . Sp NL,U U_ FCASE#FOR CITY USE #Z(_ 2�U__ DEPOSITS. RECEIPT # PLANNER - '^"CUP ATTACHMENT "2" APPLICANT'S AGENT (LAST NAME. FIRST) NAME ADDRESS_ 7 I-II j t U H l p� (LAST NAME, FIRST) (LAST NAME, FIRST) CITY PJjiM_Z_n `ADDRESS ZC% D1'*RI,1pNy `-((�DDRESS CITY �I�/Np Kp zIP Q � � t- CITY — ZIP X65 PHONE ZIP 3 PHONE I I _ FAX ( ) I I PHONE( FAX ( ) An application fee in accordance with Section 22.44. FAX ( , either a flat fee or a deposit plus a 040 01 the Municipal Code must a amount for this application is indicated above,tl(etis asdprocessing costs computed °n an hourly Ibasis. Th �pPtThe application f lee t odeee is the deposit prior to Issuance of the permit, if sit processing costs are are ess than the t the applicant deli pay an y processing costs that exceed the amount o} NOTE: It is the applicant's responsibility to notify the City in writing of anyrefundposit a willbe paid. during the processing of this case. change of the principals involved (Atta(Attach separate sheet, if necessary, ch of corporations.) property including names, addresses, and signatures of members of partnerships, joint ventures, and Jirector:onsent of Owners: I certify that I am the owner of the herein -described ro ile this request. P and permit the applicant to ;IGNED ( ALL RECORD OWNERS) ?,l i �J C H O DATE ertification: I, the undersigned, hereby certify under penalty of perjury )rrect to the best of my knowledge. 1 ry that the information herein p�oyided is RINT NAME zrL1 I N ( APPLICANT OR AGENT ) DATE 'OJECT LOCATION 2 4;- 7 1 LL OP ESENT USE OF SITE: CA9 17&r )POSED USE: T1srwI --.IM Ay-.. i. . NO Record Owner Name _�o t Address (Last name first) CityL '1 u _ I L t2t? City zip IIS+ SND tPi1SdQ a+ -76t Phone Fax ( j is CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT DEPARTMENT Planning Division 21825 E. Cooley Drive Diamond Bar, CA 91765 Phone (909) 396-5676 Fax (909) 861-3117 e-maii-info@ci-clamc)nd-bar.ca.us ❑ CONDITIONAL USE PERMIT MINOR CONDITIONAL USE PERMIT Applicant —�LC_, SDN I-} u t (Last name first) H ►-l- M�,,,,_v tLL-YA DrA't--O N t:) �17 � Phone hh ) `7J4 to - 2a >, Fax III!—) I Case;; �� ct✓ F 2ocu " IDeposu1z IRecerpt ,p lay (Date Rec'c FOR CI7V USE Phone ( ) Fax ( } -------------- An application fee in accordance with Section 22.44,040 of the Municipal Code must Application. The application fee is either a flat fee or a deposit plus a costs computed on an hourly basis. The applicable fee or deposit amount for this application this above. If it is a deposit, theaall payment of the City's processing deposit prior to issuance of the permit; if processing costs are less than the d n is indicated pay y costs areprocesle costs that exceed the amount of the deposit, a refund will be paid. NOTE: I; Is he applicant's responsibility to notify the City in writing of an process nc Of e.hts case (Attach separate sheet, if a Citya partners, ps, y change of the principals involved during the joint ventures. and directors of co N. including names, corporations.) addresses, nd signatures of members of request. Consent: t certify that / am the owner of the herein -described properly and Permit the applicant to ale this signed Ali record owners) Date ,ertification: 1, the undersigned, hereby certify under Pena /ty of •orrect to the best of my knowledge. perjury that the information herein provided is rint Name G k o, 'SoN H u l PPticant or Agent) gneci _ (APP�lcant r ent) cation o` project C Jr C Date DNU t' I (street adoress or tract and tot number) w bR h I Aw Nr>-��- ning L I f�Z Numbering Map Ivious Cases (+_ '' CEJ ;uu. (Last name first) Revised 2/5/03 The Pro -+y owher, Nll1� S�/c �ffc�, Z allow #7y W/;Cf" Son (Ikt* Cho, Core of all ttie *CUMM-f-s aIld pabe�- for ye n die 7b r"e m o l d a rld ctd d to cxj¢ - hor,�e . Th,4n A r� -,n The rhatv�-,w 2nd C I.r , will be the same e, anile trim wig be f DL�.�IO.�'D BAR PRESERVATIONTREE [ The subject property is %2 acre or less and is Preservation Requirements. exempt from Tree [ ] The subject property contains no native coast live oak black walnut, california sycamore, arroyo willow, or a california P pper trees. ( ) The subject property contains one or more coast live o black walnut, california sycamore, arroyo willow, or oak, california trees. The applicant anticipates that no activity pepper trees. struction) will take place within five (5) feetof the outer con- ipline of any coast live oak, california black walnut, california sycamore, r arroyo willow, or pepper tree. [ ] The subject property contains one or more coast live black walnut, california sycamore, arroyo willow, or oak, california The applicant states that activity (gradin pepper trees. will take place within five (5) feet of the outer dconstruction) � �tructio y coast live oak, california black walnut, california sycamore, a of any willow, or pepper tree. A Tree Permit has been or will be arroyo prior to any activity taking place on the property. applied for (Applicant's Signature) 8 (Date) Attachment "3" RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE DR 04-36/MCUP 04-12 The undersigned hereby certify that MIN S. CHO is/are the owner(s) of the hereinafter described real property located at 2437 HARMONY HILL DRIVE in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 96 Tract Map No 25986 Assessor's Book and Parcel Number 8285-013-002 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. 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. By. DATED: Attachment "3" STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of 200_ 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. WITNESS my hand and official seal. Notary Public in and for said State a wa Now Hoilwni _ ,p- � Tsir '�.. 1 r 1 41 �. 2� 1 Iva C 3 ) II o i I 1 a aa'II I la l 0 U H Ua z W 2 H Q O CL N W w Q> mIr pw z "' o z O W 0 a. 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No. FROM: (PLEASE PRINTI PHONE ( ) TO: (PLEASE PRINT) r PHONE- -I r � _y I_ , CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On October 26, 2004, at 7:00 P.M., the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District/Government Center Building Auditorium, 21865 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 October 21, 2004, 1 posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on October 26, 2004, 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 declare under penalty of perjury that the foregoing is true and correct. Executed on October 21, 2004, at Diamond Bar, California. Stella Marquez Community and Developmg�t Services Department g: \\affidavitposd ng.doc