HomeMy WebLinkAbout11/09/2004CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, November 9, 2004
AGENDA
CALL TO ORDER: 7:00 p.m.
Next Resolution No. 2004-48
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 26, 2004.
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Development Review No. 2004-21 and Minor Conditional Use Permit
No. 2004-11 - Pursuant to Chapters 22.48 and 22.56 of the City of Diamond Bar
Development Code, the applicant requests approval to construct an
approximate 3,410 square foot addition (including a 1,209 square foot garage
and 593 square feet of patio/balcony) to an existing 3,508 square foot two-story
single-family dwelling. The request also includes the construction of retaining
walls with a maximum exposed height of six feet. Additionally, the applicant
requests approval of a Minor Conditional Use Permit to continue a legal
November 9, 2004 PAGE 2 PLANNING COMMISSION
nonconforming front yard setback distance.
Project Address: 2151 Derringer Lane (Tract 23483, Lot 54)
Property Owner: Vishal Kaushal
2151 Derringer Lane
Diamond Bar, CA 91765
Applicant: Pete Volbeda
615 N. Benson Avenue, Unit D
Upland, CA 91786
Environmental Determination: This project has been reviewed for compliance
with the California Environmental Quality Act (CEQA). Based on that
assessment, the City has determined the project to be Categorically Exempt
under Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of
Small Structure) of the State CEQA Guidelines. No further environmental
assessment is necessary.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2004-21 and Minor Conditional Use Permit
No. 2004-11, Findings of Fact, and conditions of approval as listed within the
draft resolution.
7.2 Develooment Review No. 2004-01 and Minor Variance No. 2004-01 -
Pursuant to Chapters 22.48 and 22.52 of the City of Diamond Bar Development
Code, the applicant requests approval to construct an approximate 10,867
square foot three-story dwelling (including a six car garage, patio and deck) on
an existing vacant parcel. The request also includes the construction of a
tennis court, swimming pool and retaining walls with a maximum exposed
height of six feet. Additionally, the applicant requests approval of a Minor
Variance to permit a 24 foot front yard setback in lieu of the Code required
distance of 30 feet.
Project Address: 1741 Derringer Lane (Tract 24046, Lot 5)
Property Owner: Marie Bechara and Elie Nader
2059 E. Del Almo Boulevard
Rancho Dominguez, CA 90220
November 9, 2004
N
�7
PAGE 3 PLANNING COMMISSION
Applicant: Pete Volbeda
615 N. Benson Avenue, Unit "D"
Upland, CA 91786
Environmental Determination: This project has been reviewed for compliance
with the California Environmental Quality Act (CEQA). Based on that
assessment, the City has determined the project to be Categorically Exempt
under Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of
Small Structure) of the State CEQA Guidelines. No further environmental
assessment is necessary.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2004-01 and Minor Variance No. 2004-01, Findings of
Fact, and conditions of approval as listed within the draft resolution.
PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
SCHEDULE OF FUTURE EVENTS:
VETERAN'S DAY
RECOGNITION:
VETERAN'S DAY
OBSERVANCE:
TRAFFIC AND
TRANSPORTATION
COMMISSION MEETING
COMMUNITY FOUNDATION
DINNER GALA/SILENT
AUCTION:
CITY COUNCIL MEETING
Tuesday, November 9, 2004 10:00 a.m.
Diamond Bar Center, 1600 S. Grand Ave.
City offices will be closed, Thursday,
November 11, 2004. City offices will reopen
on Friday, November 12, 2004
Tuesday, November 9, 2004 - 7:00 P.M.
(Moved from Thursday, November 11 due to
Veteran's Day Holiday)
Government Center/SCAQMD Hearing
Board Room - 21865 Copley Drive
Saturday, November 13, 2004 - 6:00 P.M.
Diamond Bar Center, 1600 S. Grand Ave.
Tuesday, November 16, 2004 - 6:30 P.M.
Government Center/SCAQMD - Auditorium
21865 Copley Drive
November 9, 2004
PARKS AND RECREATION
COMMISSION MEETING:
YOUTH MASTER PLAN
STEERING COMMITTEE
MEETING:
PLANNING COMMISSION
MEETING:
11. ADJOURNMENT:
PAGE 4 PLANNING COMMISSION
Thursday, November 18, 2004 - 7:00 P.M.
(Moved from November 25 due to
Thanksgiving Holiday)
Government Center/SCAQMD Hearing
Board Room, 21865 Copley Drive
Friday, November 19, 2004
11:30 A.M.-1:30 P.M. - Heritage Park
2900 S. Brea Canyon Road
Tuesday, November 23, 2004 - 7:00 p.m.
Government Center/SCAQMD - Auditorium
21865 Copley Drive
PLANNING FILE COPY
COMMISSION
AGENDA
November 9, 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
.lack 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.
DL�i►I01'1) UR Q
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium 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 area. The service of the cordless microphone and sign language interpreter services are available by
giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between
7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030
General Agendas (909) 839-7030
email: info@ci.diamond-bar.ca.us
Next Resolution No. 2004-48
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, November 9, 2004
AGENDA
CALL TO ORDER: 7:00 P.M.
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 recording Secretary (Completion of this form is voluntary.)
There is a five-minute maximum time limit when addressing the Planning Commission.
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar items may be removed from the
agenda by request of the Commission only:
4.1 Minutes of Regular Meeting: October 26, 2004.
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Development Review No. 2004-21 and Minor Conditional Use Permit
No. 2004-11 - Pursuant to Chapters 22.48 and 22.56 of the City of Diamond
Bar Development Code, the applicant requests approval to construct an
approximate 3,410 square foot addition (including a 1,209 square foot garage
and 593 square feet of patio/balcony) to an existing 3,508 square foot two-story
single-family dwelling. The request also includes the construction of retaining
walls with a maximum exposed height of six feet. Additionally, the applicant
requests approval of a Minor Conditional Use Permit to continue a legal
nonconforming front yard setback distance.
November 9, 2004 PAGE 2 PLANNING COMMISSION
Project Address: 2151 Derringer Lane (Tract 23483, Lot 54)
Property Owner: Vishal Kaushal
2151 Derringer Lane
Diamond Bar, CA 91765
Applicant: Pete Volbeda
615 N. Benson Avenue, Unit D
Upland, CA 91786
Environmental Determination: This project has been reviewed for compliance
with the California Environmental Quality Act (CEQA). Based on that
assessment, the City has determined the project to be Categorically Exempt
under Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of
Small Structure) of the State CEQA Guidelines. No further environmental
assessment is necessary.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2004-21 and Minor Conditional Use Permit
No. 2004-11, Findings of Fact, and conditions of approval as listed within the
draft resolution.
7.2 Development Review No 2004-01 and Minor Variance No 2004-01 -
Pursuant to Chapters 22.48 and 22.52 of the City of Diamond Bar Development
Code, the applicant requests approval to construct an approximate 10,867
square foot three-story dwelling (including a six car garage, patio and deck) on
an existing vacant parcel. The request also includes the construction of a
tennis court, swimming pool and retaining walls with a maximum exposed
height of six feet. Additionally, the applicant requests approval of a Minor
Variance to permit a 24 foot front yard setback in lieu of the Code required
distance of 30 feet.
Project Address: 1741 Derringer Lane (Tract 24046, Lot 5)
Property Owner: Marie Bechara and Elie Nader
2059 E. Del Almo Boulevard
Rancho Dominguez, CA 90220
November 9, 2004
E1
9.
10.
PAGE 3 PLANNING COMMISSION
Applicant: Pete Volbeda
615 N. Benson Avenue, Unit "D"
Upland, CA 91786
Environmental Determination: This project has been reviewed for compliance
with the California Environmental Quality Act (CEQA). Based on that
assessment, the City has determined the project to be Categorically Exempt
under Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of
Small Structure) of the State CEQA Guidelines. No further environmental
assessment is necessary.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2004-01 and Minor Variance No. 2004-01, Findings
of Fact, and conditions of approval as listed within the draft resolution.
PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearinq dates for future projects.
SCHEDULE OF FUTURE EVENTS:
VETERAN'S DAY
RECOGNITION:
Tuesday, November 9, 2004 10:00 a.m.
Diamond Bar Center, 1600 S. Grand Ave.
VETERAN'S DAY City offices will be closed, Thursday,
OBSERVANCE: November 11, 2004. City offices will reopen
on Friday, November 12, 2004
TRAFFIC AND
TRANSPORTATION
COMMISSION MEETING
COMMUNITY FOUNDATION
DINNER GALA/SILENT
AUCTION:
CITY COUNCIL MEETING
Tuesday, November 9, 2004 - 7:00 P.M.
(Moved from Thursday, November 11 due to
Veteran's Day Holiday)
Government Center/SCAQMD Hearing
Board Room - 21865 Copley Drive
Saturday, November 13, 2004 - 6:00 P.M.
Diamond Bar Center, 1600 S. Grand Ave.
Tuesday, November 16, 2004 - 6:30 P.M.
Government Center/SCAQMD - Auditorium
21865 Copley Drive
November 9, 2004
PARKS AND RECREATION
COMMISSION MEETING:
YOUTH MASTER PLAN
STEERING COMMITTEE
MEETING:
PLANNING COMMISSION
MEETING:
11. ADJOURNMENT:
PAGE 4 PLANNING COMMISSION
Thursday, November 18, 2004 - 7:00 P.M.
(Moved from November 25 due to
Thanksgiving Holiday)
Government Center/SCAQMD Hearing
Board Room, 21865 Copley Drive
Friday, November 19, 2004
11:30 A.M.-1:30 P.M. - Heritage Park
2900 S. Brea Canyon Road
Tuesday, November 23, 2004 - 7:00 p.m.
Government Center/SCAQMD - Auditorium
21865 Copley Drive
Fff
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MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
OCTOBER 26, 2004
CALL TO ORDER:
Chairman Nolan called the meeting to order at 7:07 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE: Commissioner McManus led the Pledge of Allegiance.
1. ROLL CALL:
Present: Vice Chairman Jack Tanaka and Commissioners Ruth Low,
Joe McManus and Steve Tye.
Chairman Dan Nolan was excused.
Also present: James DeStefano, Deputy City Manager, Nancy Fong, Planning
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 October 12, 2004.
C/McManus moved, C/Tye seconded to approve the minutes of the Regular
Meeting of October 12, 2004, as presented. Motion carried by the following
Roll Call vote:
AYES:
NOES:
ABSENT:
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
None
McManus, Tye, Low, VC/Tanaka
None
Chair/Nolan
�.,
OCTOBER 26, 2004 Page 2 PLANNING COMMISSION
7. PUBLIC HEARING(S): None
7.1 Development Review No. 2004-25 and Tree Permit No 2004-09 -
Pursuant to Code Sections 22.48.020(a)(1) and 22.38), this was a request to
construct a three story single-family residence with a five car garage, and
covered patios and balconies totaling to approximately 14,680 squarefeet.
The request also included a series of retaining walls within the front, rear and
side yards varying in height with a maximum exposed height of six feet. The
Tree Permit was related to the removal/replacement/protection of walnut
trees.
PROJECT ADDRESS: 2718 Steeplechase Lane,
(Tract 30289, Lot 54)
PROPERTY OWNERS: Dr. and Mrs. R. and M.T. Mok
1636 Fox Glen Drive
Diamond Bar, CA 91765
APPLICANT: Mr. Rupert Mok & Architects
829 S. Lemon Avenue, Suite Al 1-13
Walnut, CA 91789
AssocP/Lungu presented staff's report. Staff recommended Planning
Commission approval of Development Review No. 2004-25 and Tree Permit
No. 2004-09, Findings of Fact, and conditions of approval as listed within the
resolution.
AssocP/Lungu responded to VC/Tanaka who visited the site that the 20 foot
wide easement at the front of the property would allow two vehicles to pass
side by side.
C/Low asked why the development matrix on page 3 indicated 15 and
28 feet as the distance between residential structures. AssocP/Lungu
responded that the matrix should indicate 25 feet between the structures.
C/Tye felt that Condition 50), page 8 should be specific about requiring
replacement of like for like material such as concrete with concrete.
DCM/DeStefano proposed the following amendment at the end of
Condition 0) on page 8 of the resolution. Add a sentence that states: "Colors
and materials shall match the existing concrete and asphalt surfaces."
OCTOBER 26, 2004
Page 3 PLANNING COMMISSION
Rupert Mok, applicant, asked for the Commission's approval of the proposed
project and said that he appreciated staff's professionalism. At the request of
C/Tye, Mr. Mok said he read staff's report and concurred with the conditions
of approval.
VC/Tanaka opened the public hearing.
With no one present who wished to speak on this item, VC/Tanaka closed
the public hearing.
C/Tye moved, C/McManus seconded to approve Development Review
No. 2004-25 and Tree Permit No. 2004-09, Findings of Fact, and conditions
of approval as listed in the resolution as amended by staff. Motion carried by
the following Roll Call vote:
AYES: COMMISSIONERS: Tye, McManus, Low, VC/Tanaka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chair/Nolan
7.2 Development Review No. 2004-36 and Minor Conditional Use Permit
No. 2004-12 - Pursuant to Code Sections 22.48, 22.56 and 22.68 this
application was 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 was required to allow the continuation of a legal
nonconforming side yard setback distance.
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
2437 Harmony Hill Drive
(Lot 96, Tract 25986)
Diamond Bar, CA 91765
Min S. Cho
2437 Harmony Hill Drive
Diamond Bar, CA 91765
Son Cho
2437 Harmony Hill Drive
Diamond Bar, CA 91765
OCTOBER 26, 2004 Page 4 PLANNING COMMISSION
DSA/Smith presented staff's report. Staff recommended Planning
Commission approval of Development Review No. 2004-36 and Minor
Conditional Use Permit No. 2004-12, Findings of Fact, and conditions of
approval as listed within the resolution.
Son Cho thanked the Commissioners for their consideration.
VC/Tanaka opened the public hearing.
With no one present who wished to speak on this matter, VC/Tanaka closed
the public hearing.
DCM/DeStefano noted a typographical error on page 9 of the proposed
resolution, Condition (q) to wit: Deputy City Manager should be changed to
Planning Commission.
C/Low moved, C/Tye seconded to approve Development Review
No. 2004-36 and Minor Conditional Use Permit No. 2004-12, Findings of
Fact, and conditions of approval as amended by staff and as listed within the
resolution. Motion approved by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Low, Tye, McManus, VC/Tanaka
None
Chair/Nolan
8. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
C/McManus asked if the City was pursuing senior residential housing on Diamond
Bar Boulevard. DCM/DeStefano explained that the City's General Plan provided a
very limited number of acres for multi -family uses. Three or four such sites exist
along Diamond Bar Boulevard, one behind the Congregational Church and one on
the east side of the street near the terminus of Maple Hill. A developer who
proposes to build a senior condominium complex submitted an offer on the latter
property. Condominiums are making a comeback - laws are now more favorable for
developers' pursuits of such projects. To the extent that pursuit of such projects
implements the City's General Plan, the City is pursuing multi -family projects, not
specifically senior products. C/McManus congratulated the City on its new staff
member.
VC/Tanaka reported on the successful "Read Together Diamond Bar' events
sponsored by the Friends of the Library.
OCTOBER 26, 2004 Page 5 PLANNING COMMISSION
9. STAFF COMMENTS AND INFORMATION ITEMS:
DCM/DeStefano introduced and welcomed Nancy Fong, the City's new Planning
Manager.
10. SCHEDULE OF FUTURE EVENTS:
VC/Tanaka pointed out that the next Planning Commission is slated for Tuesday,
November 9 instead of November 2 as stated in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nolan adjourned the meeting at 7:40 p.m.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Jack Tanaka, Vice Chairman
I
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR -- 21825 COPLEY DRIVE - DIAMOND BAR CA 91755 -- TEL. (909) 839-7030 - F, -",,X (909) 861-3117
AGENDA ITEM NUMBER:
MEETING DATE: November 9, 2004
REPORT DATE: October 28, 2004
CASE/FILE NUMBER Development Review No. 2004-21 &
Minor Conditional Use Permit No. 2004-
11
PROJECT LOCATION: 2151 Derringer Lane
(Tract 23483, Lot 54; APN 8713-034-
028)
APPLICATION REQUEST: Request for approval of plans tc
construct an approximate 3,410 square
foot addition (including a 1,209 square
foot garage and 593 square feet of
patio/balcony) to an existing 3,508
square foot two-story single-family
dwelling. The development also includes
the construction of retaining walls with a
maximum exposed height of six (6) feet.
Additionally, the applicant request
approval of a Minor Conditional Use
Permit to continue a legal
nonconforming front yard setback
distance.
PROPERTY OWNERS: Vishal Kaushal
2151 Derringer Lane
Diamond Bar, CA 91765
APPLICANT: Pete Volbeda
615 N. Benson Avenue, Unit "D"
Upland, CA 91786
STAFF RECOMKENDATION: Approve Development Review No.
2004-21 and Minor Conditional Use
Permit No. 2004-11
BACKGROUND
The property owner, Vishal Kaushal, and applicant. Mr. Pete Volbeda are requesting
approval of Development Review No, 2004-21 (pursuant to Code Section 22.48.020.A.1)
to construct an approximate 3,410 square foot addition (including a 1,209 square foot
garage and 593 square feet of patio/balcony) to an existing 3,508 square foot two-story
single-family dwelling on an existing 1.89 acre R-1 40,000 zoned parcel. The request
also includes the construction of retaining walls of varying heights not to exceed exposed
height of six feet. Additionally, approval is requested for a Minor Conditional Use Permit
No. 2004-11 to continue a legal non -conforming 20 foot front yard setback distance,
pursuant to Section 22.56.020.B of the Diamond Bar Development Code.
The project site is located at 2151 Derringer Lane (Tract 23483, Lot 54) within a gated
community identified as "The Country Estates". The project site is an irregular rectangular
shaped parcel with a descending sloping topography towards the rear (west) property
line. According to the Tract map, the project site is approximately 1.89 gross acres
(82,328 square feet).
GENERAL PLAN AND ZONING:
The project site has a General Plan land use designation of Rural Residential (RR)
Maximum 1 DU/AC and zoning designation of Single Family Residence -Minimum Lot
Size 40,000 square feet (R-1-40,000). Generally, the following zones surround the project
site:
North: R-1, 40,000 (Single
South: R-1, 40,000;
East: R-1, 40,000; and
West: R-1, 40,000;
ANALYSIS:
o Review Authority
Family Residential -Minimum Lot Size -40,000 Square Feet);
The proposed residential project involves the construction of an addition to an existing
single family dwelling that exceeds 50 percent of the habitable floor area. Section
22.48.020.A.1 requires Development Review by the City's Planning Commission for
residential projects that add 50 percent or more of habitable floor area. As previously
stated, the applicant is also seeking a Minor Conditional Use Permit (MCUP) to allow for
the continuation of a legal nonconforming 20 -foot front yard setback distance. Properties
zoned R-1 (40,000) requires a minimum front yard setback distance of 30 feet.
Section 22.44.020 identifies the Deputy City Manager as the final decision -maker on a
MCUP. However, when Development Review applications are coupled with other
discretionary permits (e.g., MCUP's, etc.) they shall be acted upon concurrently and
decided at the highest level of review authority (Section 22.48.030). Therefore, pursuant
DR 2004-21 & MCUP 2004-11 Page 2
to the Code. the Planning Commission is the hearing officer for the Development Revie�%,
and MCUP requests.
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. Staff believes that the proposed
development is in compliance with these provisions.
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 chart (Table 1) compares the City's applicable required development
standards and the project's proposed development standards.
TABLE 1:RR — Rural Racirlantlmi n;c-fr;n+ n„
Minimum Lot Area I 40,000 S.F. I 82,328 S.F. I Yes
i
Residential Density I 1 Single Family Unit 1 Single Family I
Unit Yes
Front yard setback I 30 feet I 20 feet I No(*)
Side yard setback i
(each) 1 15 & 10 feet 33.5 & 18 feet I Yes
DR 2004-21 & MCUP 2004-11 Pag, 3
Rear setback 25 feet 338+ feet Yes
Minor Conditional Use Permit has been requested to deviate from minimum requirement.
o Architectural Features/Floor Plan Layout/Site Amenities
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 architectural style, as described by the applicant, is an eclectic Mediterranean design
emphasizing the use of a variety of building materials for interest to include: concrete tile
roof, smooth stucco, and multiple pane aluminum windows with raised stucco molding
trim, and ballaster railings and decorative column supports. The material/color samples
indicate earth -toned shades will be used for the exterior finish to soften the impact and
assist in preserving the hillside's aesthetic value. The architectural style and material and
colors chosen for this project are compatible with other residences within "The Country
Estates". The applicant is working with "The Country Estates" architectural committee in
order to obtain the committee's approval.
DR 2004-21 & MCUP 2004-11 Page 4
Building Height Limit
i
i
35 feet (maximum) 26 feet Yes
As required by Chapter
Preserve the
Hillside Development
22.22 (Hillside
Management)
existing !
Yes
topography
I
Install ornamental
plant material and
Landscaping
As required by Chapter
22.24 (Landscaping)
stabilize and
Yes
preserve the
hillsides
Retaining Walls
8 feet (maximum
6 feet (maximum
Yes
(height)
exposed)
exposed)
2 in fully enclosed
3 in fully enclosed
Yes
Parking
garage.
garage
Lot Coverage
30%
6%
Yes(approximately)
Minor Conditional Use Permit has been requested to deviate from minimum requirement.
o Architectural Features/Floor Plan Layout/Site Amenities
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 architectural style, as described by the applicant, is an eclectic Mediterranean design
emphasizing the use of a variety of building materials for interest to include: concrete tile
roof, smooth stucco, and multiple pane aluminum windows with raised stucco molding
trim, and ballaster railings and decorative column supports. The material/color samples
indicate earth -toned shades will be used for the exterior finish to soften the impact and
assist in preserving the hillside's aesthetic value. The architectural style and material and
colors chosen for this project are compatible with other residences within "The Country
Estates". The applicant is working with "The Country Estates" architectural committee in
order to obtain the committee's approval.
DR 2004-21 & MCUP 2004-11 Page 4
The remodeled and added portions to the existing two-story home will result in
approximately 6,918 square feet of habitable and non -habitable space. The main floor
(first) will convert the existing 652 square foot garage into habitable space and add
approximately 956 square feet of living space. It also includes a new 462 square foot
deck and 131 square foot balcony. This area has been designed with the primary living
spaces (e.g. family room, kitchen, breakfast nook, living room, dining room, recreation
room, office, and master bedroom/bath). The existing basement will accommodate a new
1,209 square foot three -car garage adjacent to the existing 1,688 square foot living space
encompassing the prime sleeping areas to include 4 bedrooms each with an attached or
adjoining bathroom.
o Grading/Soils/Drainage/Retaining Walls
The preliminary grading plan indicates that only approximately 166 cubic yards of fill will
be necessary to adequately grade the site and create the buildable pad necessary for the
proposed addition. However, as part of this project's conditions of approval, the applicant
will be required to submit a final grading plan and soils report for the City's Public Works
and Building and Safety Divisions' review and approval. Additionally, the drainage
patterns and techniques shall be reviewed and approved by the Public Works Division
prior to any permit issuance; surface water shall drain away from the building at a 2%
minimum slope. The plan also proposes a number of terraced retaining walls that will not
exceed a maximum exposed height of six (6) feet in compliance with the City Code
provisions.
Section 22.20.010 establishes requirements for fences and walls to ensure that these
elements do not block views, provide adequate buffering between land uses, and are
designed to provide aesthetic enhancement of the City. The maximum exposed height of
a retaining wall is limited to seven (7) feet. Additionally, the City's Hillside Management
Ordinance (Chapter 22) encourages the terracing of retaining walls to break up mass and
allow for more appropriately suited landscaping for screening. The submitted design
proposes several six (6) foot high two-tiered retaining walls design in compliance with the
Code provisions.
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,
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 plantsand shrubs
,
and trees. However, the final landscape plan must identify the quantities of plantings to
be used, which requires review and approval by the City's Planning Department.
Additionally, staff recommends that the west sides of the retaining walls be heavily
landscaped to protect the hillside and further create an aesthetically pleasing
appearance.
DR 2004-21 & MCUP 2004-11 N8, 5
It is staff's opinion that the preliminary landscaping as proposed and conditioned will help
to soften and enrich the appearance of the 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.
o Minor Conditional Use Permit Request
The applicant is also requesting approval of a Minor Conditional Use Permit to allow for
the continuation of a legal nonconforming front yard setback distance. The R-1 (40,000)
zone requires a minimum front setback area of 30 feet (Section 22.080.040 of the DBDC).
The setback dimension is measured from the property line to the closest projection of the
building. The purpose of this development standard is to create an open front yard area
proportionate to the lot size that will promote a sensible building plan, and contribute to an
attractive street scene.
The proposal is to maintain and extend the existing front yard setback of 20'-0". The
DBDC (Section 22.68.030.B) allows for the continuation of a legal nonconforming setback
provided a MCUP is approved, and the improvements conform to applicable provisions of
the DBDC and the exterior limits of new construction do not exceed the applicable height
limit or encroach further into the setbacks than the comparable portions of the existing
structure.
The MCUP is required to determine whether the proposed use should be permitted by
weighing the public need for and the benefit to be derived from the use against the
impact, which it may cause. Additionally, this discretionary approval process aims to
ensure that the proposal is consistent with the City's General Plan land use policies and
zoning standards; provide for quality site design, layout and architecture; and promote a
rational design transition with adjacent properties.
The applicant is requesting approval of a 10 -foot reduction. Based on the submitted
design, the applicant contends that the continuation of the existing front setback distance
will not change the traditional neighborhood pattern or character or result in a haphazard
layout.
It is staff's opinion that the reduced setback would not substantially block the view or
degrade the light and open space area of the northerly or southerly adjacent lots, which
are both vacant. Additionally, the continuation is a result of converting the existing garage
that has a 20 -foot setback, into habitable space. Therefore, not altering the established
streetscape scene. Additionally, given the existing development pattern of the
neighborhood, consisting of lots with various slope percentages, the intent of the Code to
respect and compliment the front yard setback area of adjacent properties will not be
compromised. Therefore, staff is of the belief that the slight deviation, in this case, would
not be detrimental to the public health, safety or welfare of the community nor would it
dispel the goal of the ordinance.
DR 2004-21 &, MCUP 2004-11 Page 6
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
Valley Tribune on October 29, 2004. Public hearing notices were mailed to approximately
28 property owners within a 500 -foot radius of the project site on October 28, 2004.
Furthermore, the project site was posted with a display board and the public notice was
posted in three public places on October 29, 2004.
RECOMMENDATION:
Staff recommends that the Planning Commission approve Development Review No.
2004-21, Minor Conditional Use Permit No. 2004-11, and 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, 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 propos9d 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
DR 2004-21 & MCUP 2004-11 Page 7
6. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
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).
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
Development 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.
Prepared by:
Milan L. Garrison, LDM Associates, Inc., Planning Consultant
Attachments:
DR 200421 & MCUP 2004-11 Page 8
1 . Draft Resolution of Approval;
2. Exhibit "A" - site plan, floor plan, elevations, sections, conceptual grading plan, and
preliminary landscape plan dated November 9, 2004:
3. Applications;
4. Covenant and Agreement to Maintain a Single Family Residence: and
5. Aerial.
DR 2004-21 &- MCUP 2004-11 Page 9
PLANNING COMMISSION 40,RESOLUTION NO. 2004-XX�
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR APPROVING DEVELOPMENT REVIEW NO. 2004-21, MINOR
CONDITIONAL USE PERMIT NO. 2004-11 AND CATEGORICAL EXEMPTION
ALLOWING THE CONSTRUCTION OF AN APPROXIMATE 3,410 SQUARE FOOT
ADDITION (INCLUDING A 1,209 SQUARE FOOT GARAGE AND 593 SQUARE
FEET OF PATIO/BALCONY) TO AN EXISTING 3,508 SQUARE FOOT TWO-
STORY SINGLE-FAMILY DWELLING. THE APPROVAL ALSO INCLUDING
RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET AND
THE CONTINUATION OF A LEGAL NONCONFORMING 20 -FOOT FRONT YARD
SETBACK DISTANCE. THE PROJECT SITE IS LOCATED AT 2151 DERRINGER
LANE (LOT 54, TRACT NO. 23483), DIAMOND BAR, CALIFORNIA.
RECITALS
A. The property owner, Vishal Kaushal, and the applicant, Pete Volbeda has
filed an application for Development Review No. 2004-21, Minor Conditional
Use Permit No. 2004-11 and categorical exemption for a property located at
2151 Derringer Lane, Diamond Bar, Los Angeles County, California.
Hereinafter in this Resolution, the subject Development Review, Minor
Conditional Use Permit and categorical exemption shall be referred to as the
"Application."
B. On October 28, 2004, public hearing notices were mailed to approximately
28 property owners within a 500 -foot radius of the project site and the project
site was posted with a display board and the public notice was posted in
three public places. On October 29, 2004, notification of the public hearing
for this project was provided in the San Gabriel Vallev Tribuneand Inland
Vallev Daily Bulletin newspapers.
C. On November 9, 2004, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
II. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
A. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part I, of this Resolution are true and correct.
B. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt pursuant to Section 15303 (a) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
C. 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.
D. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
The project site is located at 2151 Derringer Lane (Lot 54, Tract
No. 23483) within a gated community identified as "The Country
Estates". The project site is an irregular rectangular shaped parcel
with descending sloping topography towards the rear (west) property
line. According to the Tract map, the project site is approximately 1.89
gross acres (82,328 square feet).
2. The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DU/AC.
3. The project site is within the Single Family Residence -Minimum Lot
Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural
Residential (RR) Zone.
4. Generally, the following zone: to the north, south, east and west is the
R-1-40,000 Zone.
5. The Application request is to construct an approximate 3,410 square
foot addition (including a 1,209 square foot garage and 593 square
feet of patio/balcony) to an existing 3,508 square foot two-story single-
family dwelling. The development also includes the construction of
retaining walls with a maximum exposed height of six (6) feet.
Additionally, a request for approval of a Minor Conditional Use Permit
to continue a 20 -foot legal nonconforming front yard setback distance.
E. Development Review
In accordance with Section 22.48.040 (Findings and Decision) of the
Diamond Bar Development Code, the Planning Commission hereby finds as
follows:
The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for specialized area (e.g.,
theme areas, specific plans, community plans, boulevards, or planned
developments).
The project site is an existing developed single-family residential
parcel of land located in a gated community identified as `The County
Estates" On July 25, 1995, the City adopted its General Plan, and
the proposed project complies with the General Plan land use goals,
objectives and strategies.
The proposed project, as conditioned within this resolution, will
maintain the required setbacks, height requirements and lot coverage
provisions. The proposed project is not unusual for "The Country
Estates" and is consistent with other development within this
community. As a result, the proposed project complies with the
General Plan objectives and strategies and the City's Design
Guidelines related to maintaining the integrity of residential
neighborhoods and open space. Furthermore, the proposed project
will maintain an architectural style (Mediterranean) and construction
materials, which are compatible with the eclectic architectural style,
colors, and material of other homes within "The Country Estates':
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.
The project site is an existing developed single-family residential
estate parcel of land surrounded by existing developed residential
development of the same proposed size and intensity. Therefore, the
proposed project will compliment the development of the
neighborhood. Additionally, Derringer 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.
3. The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan. City Design
Guidelines, or any applicable specific plan.
The proposed project is consistent with the surrounding development
in terms of mass and scale. Furthermore, the project meets or
exceeds the City's Development Review Standards, City Design
Guidelines and City's General Plan policies. As a result, the proposed
project will maintain the harmonious, orderly and attractive
development contemplated by Chapter 22.48 Development Review
Standards, City Design Guidelines, and the City's General Plan.
There is no applicable specific plan for this area.
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.
The "Mediterranean" design proposes the use of a variety of
compatible building materials and earth tone colors to soften the
home's impact and assist in preserving the hillside's aesthetic value.
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.
Before the issuance of City development permits, the proposed
project is required to comply with all conditions set forth in this
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 will not be detrimental to the public health, safety
or welfare nor will it be materially injurious to the properties or
improvements in the vicinity.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Article 19, Section 15303
Class 3 (a) (New Construction or Conversion of Small Structure). ,
The categorical exemption reflects the independent judgment of the
City of Diamond Bar.
4
F. Minor Conditional Use Permit
Pursuant to Section 22.56.040 of the Diamond Bar Development Code, the
Planning Commission hereby finds as follows:
The proposed use is allowed within the subject zoning district with
approval of a Minor Conditional Use Permit and complies with all
other applicable provisions of this Development Code and the
Municipal Code.
The existing home is located within the City's R-1 (40, 000) zoning
district, which allows for the development of single-family residences.
Additionally, Section 22.68.030.8 permits the continuation of a legal
nonconforming setback provided a Minor Conditional Use Permit is
approved. The project has been designed to meet or exceed the
applicable development standards set forth in the Diamond Bar
Development Code.
2. The proposed use is consistent with the General Plan and any
applicable specific plan.
The project site is an existing developed single-family residential
parcel of land located in the developed " The County Estates". On
July 25, 1995, the City adopted its General Plan, and the proposed
project complies with the General Plan land use goals, objectives and
strategies. The project has been designed in accordance with the
development standards for the R-1 (40,000) zone and the City's
Hillside Management Ordinance.
3. The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity.
The resulting 6,918 square foot two-story eclectic Mediterranean
designed single-family residence is compatible with the surrounding
and neighboring properties, which have been developed with homes
of similar size and style. Additionally, approval of the reduced front
yard setback will not alter the established neighborhood pattern or
character or result in a haphazard layout.
4. The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints.
The approximate 1.89 -acre site is adequate to accommodate the
Proposed expansion of the existing single- family residence, which is
in compliance with the applicable DBDC development standards.
Also, the existing single-family home is currently connected to the
City's sewer system and is being adequately served with the required
water and public utilities. Approval of the Minor Conditional Use
Permit would have no impact on these services.
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 district in which the property is located.
The proposed slightly reduced front yard setback area will not
substantially block the view or degrade the light and open space area
of the northerly or southerly adjacent lots, which are currently vacant.
Additionally, given the existing development pattern of the
neighborhood, consisting of lots with various slope percentages, the
intent of the Code to respect and compliment the front yard setback
area of adjacent properties will not be compromised. Therefore, the
project will not will not have a negative impact on the public interest,
health, safety or welfare.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The appropriate environmental analysis, in compliance with the
requirements of the California Environmental Quality Act (CEQA), has
been conducted. Based on that assessment, the City has determined
the project to be Categorically Exempt underArticle 19 Section 15303
Class 3 (c) (New Construction or Conversion of Small Structure) of
the State CEQA Guidelines. No further environmental assessment is
necessary.
G. Nonconforming Findings
In accordance with Section 22.68.030.C, the Planning Commission hereby
finds that 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.
The proposed continuation of the minimally reduced front yard
setback distance (10 feet) will not alter the established neighborhood
character or result in a haphazard layout. Approval would still promote
a sensible building plan, and contribute to an attractive street scene.
2. Inconsistent with the General Plan or any applicable specific plan.
The project site is an existing developed single-family residential
parcel of land located in the developed "The County Estates". On
July 25, 1995, the City adopted its General Plan, and the proposed
project complies with the General Plan land use goals, objectives and
strategies. The project has been designed in accordance with the
development standards for the R-1 (40, 000) zone and the City's
Hillside Management Ordinance.
3. A restriction to the eventual/future compliance with applicable
regulations of this Development Code.
Approval of the Minor Conditional Use Permit, which will permit the
continuation of a legal nonconforming front yard setback distance, will
not result in restricting future compliance with the applicable Diamond
Bar Development Code regulations.
4. Detrimental to the health, safety and general welfare of persons
residing in the neighborhood.
Based on the conditions of approval regarding site design and
improvements that must comply with the provisions of the Diamond
Bar Development Code, the use will not have a negative impact on
the health, safety or general welfare of persons residing in the
neighborhood.
5. Detrimental and/or injurious to property and improvements in the
neighborhood.
The project site is an existing developed single-family residential
estate parcel of land surrounded by existing residential development.
The proposed project will compliment the development of the
neighborhood.
H. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
1. The project shall substantially conform to site plan, floor plans,
elevations, landscape/irrigation plan, grading plan and
materials/colors board collectively labeled as Exhibit "A" as presented
to the Planning Commission on November 9, 2004 and as amended
herein.
2. The site shall be maintained in a condition, which is free of debris
both during and after the construction, addition, or implementation of
7
the entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done
only by the property owner, the applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
be the applicant's obligation to insure that the waste contractor utilized
has obtained permits from the City of Diamond Bar to provide such
services.
3. The driveway width leading from the street to the garage space shall
not exceed 12'-0", except for the portion fronting the garage for
adequate backing distance, which may not exceed 24'-0".
4. The applicant shall be required to submit a final landscape/irrigation
plan for the entire site that delineates the type of planting materials
color, size, quantity and location, for review and approval by the City's
Planning Division. The plan shall provide for a variety of grasses and
ground cover, flowering plants, and shrubs and trees. Heavy
landscaping shall be applied to the west sides of all retaining walls. All
landscaping and irrigation shall be installed prior to the issuance of a
Certificate of Occupancy.
5. Maximum height of the residence shall not exceed 35 feet from the
finish grade at any exterior wall of the structure to the highest point of
the roofline.
6. The single-family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental
setting as to levels of dust, glare/light, noise, odor, traffic, or other
similar types of disturbances. Nor shall the project be operated so as
to result in significantly adverse effects on public services and
resources. The single-family residence shall not be used for
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.
7. 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 shall be completed and recorded with the Los
Angeles County's Recorder's Office prior to the issuance of a building
permit.
8. The exposed faces of the retaining walls shall not exceed a maximum
height of six (6) feet and have a decorative finish to match the building
design, and be heavily landscaped for added aesthetics.
8
9. All construction activity shall be in conformity with the requirements
and limitations of the City of Diamond Bar Municipal Code as
implemented by the Building and Safety Division.
10. Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing shall
remain until the Building Official approves its removal, The Applicant
shall provide temporary sanitation facilities while under construction.
11, The single-family structure shall meet the 2001 California Building
Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code requirements.
12. The minimum design wind pressure shall be 80 miles per hour and
C exposure.
13. The single-family structure is located in "Fire Zone 4" and shall meet
the following requirements of that fire zone:
a. 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;
b. All enclosed under -floor areas shall be constructed as exterior
walls;
C. 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 1/2 inch in any dimension except
where such openings are equipped with sash or door.
14. This single-family structure shall meet the State Energy Conservation
Standards.
15. Retaining wall permits shall be obtained from the Engineering
Department.
16. The applicant shall comply with the requirements of the City Engineer
and Public Works Divisions to include the provisions outlined in the
memorandum dated June 10, 2004.
17. Prior to the issuance of any City permits, the applicant shall be
required to submit a final grading plan and soils report for the City's
Public Works and Building Division review and approval. The
preparation of the site and the construction of the proposed structures
shall be in compliance with the recommendations set forth in such
soils report.
18. 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) to satisfy the Standard Urban
Stormwater Mitigation Plan (SUSMP) requirements. SUSMP
provisions shall be prepared and submitted as part of the grading
plans. Further details on SUSMP requirements shall be obtained from
the Public Works/Engineering Division.
19. Drainage patterns and techniques shall be reviewed and approved by
the Public Works Division prior to any permit issuance; surface water
shall drain away from the building at a 2% minimum slope.
20. The applicant shall submit a precise grading plan for 50 cubic yards or
more of earthwork prior to the issuance of any City permits. The
grading plan shall be 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:
(a) Cut and fill quantities with calculations;
(b) Existing and proposed topography;
(c) Flow lines and drainage/drainage outlets and hydrology
calculations showing the capacity of proposed drainage
devices as well as exiting drainage devices on site; and
(d) Finish surface and finished grade of all walls/retaining
walls and retaining wall calculations.
21. Prior to the issuance of any City permits, the proposed construction
plans shall be submitted to the Fire Department for review and
approval.
22. Applicant shall make application to the water purveyor as necessary,
and shall submit the evidence of their approval to the Planning
Division prior to the issuance of building permits.
23. The applicant shall make an application for sewer connection with the
Los Angeles County Department of Public Works and the Sanitation
District.
24. All utility service to the proposed project shall be installed
underground.
10
25. In accordance with the Department of Fish and Game Section 711.4,
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.
26. This entitlement is valid for two (2) years and shall be exercised (i.e.
construction shall commence) within that period or this entitlement
shall automatically expire. A one (1) year extension may be approved
when submitted to the City in writing at least 60 days prior to the
expiration date. The Planning Commission may consider the
extension request at a duly noticed public hearing in accordance with
Chapter 22.72 of the City of Diamond Bar Development Code.
27. This entitlement shall not be effective for any purpose until the
permittee and owner of the property involved (if other than the
permittee) have filed, within fifteen (15) days of the approval date, at
the City of Diamond Bar Community and Development Services
Department, their affidavit stating that they are aware and agree to
accept all the conditions of this grant. Further, this grant shall not
become effective until the permittee pays any remaining City
processing fees.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by
certified mail to Vishal Kaushal, 2151 Derringer Lane, Diamond
Bar, CA 91765 and Pete Volbeda, 615 N. Benson Avenue,
Unit D, Upland, CA 91768
APPROVED AND ADOPTED THIS THE 9T" DAY OF NOVEMBER 2004, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
M
Dan Nolan, Chairman
11
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 9th of
November 2004, by the following vote:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
James DeStefano, Secretary
12
Lal Y 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
RECORD OWNER APPLICANT APPLICANT'S AGENT
NAME_ Kaushal ill SffA L NAME .
NAME _Pete Volbeda
(LAST NAME, FIRST) (LAST NAME. FIRST)
ADDRESS Z 15 ) Derringer L 1E ADDRESS
CITY Diamond Bar CITY
FOR CITY USE
CASE #.�A=ZC°U-;7_j
DEPOSIT S - ^oc
RECEIPT
PLANNER
ZIP q ZIP
PHONE (qO%) 74 _a71 7 PHONE ( )
FAX ( ) FAX ( )
(LAST NAME. FIRST
ADDRESS
CITY UPlarib Ca
ZIP
PHONE ( )
FAX ( )
An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is
amount for this either a flat fee or a deposit plus payment of the City�s processing costs computed on ovean hourly basis. The applicable fee or deposit
the deposit prion toissuanceof he permit; If Processing costs are esst, the pthan the deposIL a relicant shall pay any fund will be paid.
that exceed the amount of
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.)
Co�tsent of Owners: I certify that I m the owner of the herein -described property and permit the applicant to
f;'fe this request.
✓SIGNED a
( L RECORD OWNERS) DATE — D —0
Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is
correct to the best Qf my knowledge.
PRINT NAME
PROJECT LOCATION
PRESENT USE OF SITE
PROPOSED USE:
I APPLICANT OR AGENT )
>
R
.dl Aolp/?/oir/
n
DATE 4 —:FC— 4
r•j
DEVELOPMENT REV J AND ADMINISTRATIVE DEVELOPME 'REVIEW
BURDEN OF PROOF
:r, aeciticr, :o :ne ;ntermancn ecuired Ir me aeencarer.:he aeoiicant snail suostartiate :e the satisfanor or :re
manning ^ivisioniP!annnc CCMrnissicr, -.ne ciicmrg mets: answers -%z: :e -era, -- _rc cr^c;ere
aedrtrcnai meets of caner if necessary.;
"-e resign anc .aveut �-r :he orccosec oeveieoment are :cnsiszenz Nitr :ne genera ='ar. cove comer:
stancar-r rr 'ne accncacie cistnct. oesicn ::uiceunes. anc arcnitecturai criteria 'or seec.ai areas e._..:neme
areas. ;cec,tic oians. zommunity clans, ocu evares or ciannec eeveicoments,.
-%_ s S a-77o,cni ) arrrr-nalripmr- ttat =nfc ms
�Re City OS Jlamorid Ba--. It ais0 Cvnf=ns = the
=. '"e eesicn anc :avcut �.:ne 2rccesec ceveiccment Will -,ct ,nterrere Nit-, ne -se =_rc 3r'cvr^er: ^.eiCnccr.nc
existing c,-..:ure :eve!cc^erts. 3nc '.vill -ot create-rarfic or oeeestnar nazares:
4P.r c. - - SCG•_--�r•.L�
_e ... ::cmer+-- -n =a= 4c. JlnCe --fere 7S rr :4 ai ^tewa t
3. The arcnitec:urai oesicn or the orcoosec ceveiooment is comoatible with :he character of :ne surrouneing
neicnoornoee anc will maintain anc enhance the narmcnieus. oreenv ano attractive ceveiooment contemoiatee
ov:me ceveiooment Ccce. Generai P!an, or any acoiicaole specific plan:
*n, S -e_, --c,-_rean 4_es- cr s=; a,- -" or-ner- -:es7 --tis
The eesicn cT:ne cr000see ceveiooment will oroviee a cesiraeie environment tr is occupants aha nsinnc
ouoiic as Neil as t neignocrs :nrougn coca aesthetic .:se or materials.:exture anc color, anc will remain
sestneticaily aeoewing', anc
wi I !a l .ante -v o ' j ci hh(7Z•tzcr- ?Pr" ' *1c —ge ^r -nn= 7 — 1 -m-Z �nC
J' `3K2 3PCL`ler 'rdC?IIC--
3
rhe orccesec aevetcoment wdl not oe eemrnentai 'o 'ne %Dllc nealtn, safety, or welfare or -7atenanv miunous
(e.g., negative affect on me orcoerty values or resaieis) of orooertyl to
vic;nity the properties or Imorovemnents . the
f3rr—,=
M;;------ Sc.
4
CERTIFIED PROPERTY OWNER'S LIST
AFFIDAVIT
Project No.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
g declare under penalty of perjury, pursuant to Section
2015.5 of the Code of Civil Procedure, that the attached list contains the names and addresses
of all persons who are shown on the latest available assessment roll of the County of Los
Angeles as owners of the subject property and as owing within a distance of five hundred (500)
feet from the exterior boundaries of property legally described as:
Executed at 911K UWJQ California,
this day of 1200, -
Signature 200
Signature
Print Name
,l 17Y
TREE PRESERVATION STATEMENT
.nNT
[ ] The subject property is Y2 acre or less and is exempt from Tree
Preservation Requirements.
[� The subject property contains no native coast live oak, california
black walnut, california sycamore, arroyo willow, or 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
struction) will take place within five (5) e tof h oouter /dri li n -
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 an
coast live oak, california black walnut, y
willow, or pecalifornia sycamore, arroyo
pper tree. A Tree Permit has been or will be applied for
prior to any activity taking place on the property. .
(App cants 30-0
(Date)
8
Record Owner
Name Kaushal, Vishal
Address (Last name first)
1103 Loxley pl.
City
Walnut, M
Zip 91789-4808
Phones
(909) 594-2717
Fax ( )
CRY OF DIAMOND BAR
COMMUNITY AND
DEVELOPMENT DEPARTMENT
Planning Division
21625 E. Copley Drive
Diamond Bar, CA 91765
Phone (909) 396-5676 Fax (909) 881-3117
e-mall-info@ci.diamond-bar.ca.us -
G cop -1Wyege-
Pt- -LWLj -g i
PIZ 700c, -21
Casesalso
(Deposit S i,000
Receipt V
ay
Date Recd
FOR CITY USE
0 CONDITIONAL USE PERMIT
0 MINOR CONDITIONAL USE PERMIT
Applicant Applicant's Agent
Pete Volbeda
(Last name first) (Last name first)
615 N. Benson Ave, Unit C
Phone ( )
Fax ( )
..."91786 . n'Ph� _.� .. - _-I
(909 373-1� 1� 50
Fax ( )
(909) 373-1152
An application fee in accordance with Section 22.44.04o ofthe Municipal Code must accompany this
Application. The application fee is either a flat fee or a deposit Pius payment of the Ci s
costs computed on an hourly basis_ The applicable fee or deposit amount for this a W IDrocessmg
above. N it is a deposit, n Is indicated
the applicant shall pay any processing costs that exceed the hamountt of the
deposit prior to issuance of the permit; U processing Costs are less than the deposit, a refund will be paid.
NOTE: It is the applicant's responsibility to notify 6te City in writing of any change of the principals involved during the
processing of this case. (Attach separate sheet, i1 necessary, incliiding names, ad
Partnerships, joint ventures, and directors of Corporations.) and signatures of members of
Consent: I certify that 1 am the owner of the herein-deserlbed property
request A P rty and permit the applicant to file this
Signed f I)
( record owners) Date�-
CertifiCation: 1, the undersigned, hereby certify under penalty of perjury that the /nformadon herein provided is
correct to the best of my knowledge
Print Name V*Ial I
(Applicanteor A
Signed
�_
(AFA�rwnt a
Location of project
Date 0.51
2151 De..rxirgeT lane, Diamond Bar, C'A — -
(Stroet address or tract end fot nymtxr)
Zoning - R-1
Numbering Map
Previous CasPe
review NO. 04-21
�•' ,J • V i is e! 9z 511 06z
t, �.Jzj
Revised 2/5/93 -'ii A113
11/ r13/ zkju' 06: -i' 0Z0n0"1L."i0
City of Diamond Bar
CONDITIONAL USE APPLICATION
Present Use of Site Single Family
2 Storyti
Use applied for Single Family Resiclence
Project Size (gross acres)
82,290= 1.89 Acres Projed Density
Previous Cases Development Review No. 04-21
Present Use of Site Wst-ng 2 Story Single Farnf.ly Residence
For
Dorfestic Water Source
Compen)Mistrict
Method of Sewage Disposal EXistirtg Sewer Sanitation District
Single Residence
Grading of lots by Applicant? YES x NO Amount r111 '-- —J.
(Show necessary grading design on elle plan or•tentstive Map)
Grading: YES x NO. If yes, Quantity: Fill 166 c y ---
Cut:
0
Fill: 166
import: YES y; NO If yes, Quantity: 166 c.v.
Export: YES NO X If yes, Quantity:
New (4) Car Garage
Parking:
Total Standard Compact Handicap
Landscaping: 14,712 sf .
Square feet
LEGAL DISCRIPTION (All ownership comprising the proposed lot(sYparcels(s). 2151 De=inger Ln-
Diartcirx] Bar, m. Lot #54 Tract #23483 APN#8713-034-028
Area devoted to structures 4,649 sf .
Revised 2/5103 2
LandscapinglOpen space
73,351 s£.
Ml7KGJULU f TUNS
r'Hiac b4
DONDMONAL USE PERMIT
MINOR CON MONAL USE PERMIT
BURDEN OF PROOF
A Development Review or Administrative Development Review application shall be reviewed by the applicable
review authority identified in Section 22.4$_050 (Responsibility for Development Review). below and shall be
approved, with or without condition. only if the following findings are made:
The design and layout of the proposed developtmnt are consistent with the General Plan, development
standards of the applicable dishict, design guidelines, and architectural criteria for special areas (e.g.. them
areas, specific plans, community plans. boulevards or planned develooreents)•..
Z. The design aatd layout of the proposed developnmu will not inteafere with due ttac atld en'
neighboring existing or future enjoyment of
developments,
and
Frilnotl nor >~affrc or padestrian hazards;
'I"his is a tyn;i
residence arta as
;ea . CZ�rJLJS rvi J=rJC jai +4— impose any c' MItlOrlal
3, The Architectural design of the proposed development is compatible with the character of the sttrrounding
neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated .
by this Chapter. the Genera! plan, Q�r,a�Y�applicable specific plan;
Ibis i e a �L� "�a+9n S2milar to otheir i=s 1r1 riromr,-�.
4.
the -design of the proposed development will provide a desirable environment ftx its occupants and visiting
public as well its neighbors through good aesthetic use. of materials, textuand cola, and will rernain
Willtien appeal, re
t�'1P iiC�1e1 YYM�. i
The proposed development will not be detrimental to the public health, Witty or welfare or materially injurious
(e.g_, negati•-c affect on property values or resale($) of property)
vicinity,.and to the properties or improvements in the
A 8]rlgl_ a fatpf-lY reEildetlUE Well Wt be dg -riniantn
—/ u,3! L60. ut,- J-. OLb�t541 L'JJ
City of Diamond Bar
CONDITIONAL USE APPLICATION
Residential Project: 82.298 and cne
(Gross area) (No,of lots)
Proposed density
(Units/Acres)
Parking: Required Provided
Standard 2 4
Compact
Handicapped -
Total 2 4
Revised 215/03 3
RECORDING REQUEST BY.-
City
Y:City of Diamond Bar
WHEN RECORDED MAIL TO:
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Attn: Deputy City Manager
COVENANT AND AGREEMENT TO
MAINTAIN LY RESIDENCE
DEVELOPMENT REVIEW NO. DR 2004-21 INGLE AND MINOR CONDITIONAL
PERMIT NO. 2004-11 USE
The undersigned hereby certify that Vishal Kaushal is/are the owner(s) of the
hereinafter described real property located at 2151 Derringer Lane in the City of
Diamond Bar, County of Los Angeles, State of California, commonly known as:
Legally described as Lot 54 of Tract Mao No 23483
Assessor's Book and Parcel Number: 8713-034-028
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.
M
By
DATED:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this day of 1 200_ 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
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4
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRR E - DIAMOND BAR. CA 91765 -- TEL (909) 839-7030 -- FAX (909) 861-3117
AGENDA ITEM NUMBER:
MEETING DATE:
REPORT DATE
CASE/FILE NUMBER.
PROJECT LOCATION:
APPLICATION REQUEST:
PROPERTY OWNERS:
APPLICANT:
STAFF RECONNENDATION:
"-7- -7),
November 9, 2004
October 28, 2004
Development Review No. 2004-01 and
Minor Variance No. 2004-01
1741 Derringer Lane
(Tract 24046, Lot 5; APN 8713-003-005)
Request for approval of plans to
construct an approximate 10,867 square
foot three-story dwelling (including a six
car garage, patio and deck) on an
existing vacant 1.32 acre parcel. The
request also includes the construction of
a lighted tennis court, swimming pool
and retaining walls with a maximum
exposed height of six (6) feet.
Additionally, the applicant request
approval of a Minor Variance to permit a
24 foot front yard setback in lieu of the
Code required distance of 30 feet.
Marie Bechara and Elie Nader
2059 E. Del Almo Boulevard
Rancho Dominguez, California 90220
Pete Volbeda
615 N. Benson Avenue, Unit "D"
Upland, CA 91786
Approve Development Review No.
2004-01 and Minor Variance No. 2004-
01
BACKGROUND:
The property owner, Marie Bechara and Elie Nader, and applicant, Mr. Pete Volbeda are
requesting approval of Development Review No. 2004-01 (pursuant to Code Section
22.48.020.A.1) to construct an approximate 10,867 square foot three-story dwelling
(including a six car garage, patio and deck) on an existing vacant parcel. The request
also includes the construction of a lighted tennis court, swimming pool, and retaining
walls of varying heights not to exceed exposed height of six feet. Additionally, approval is
requested of Minor Variance No. 2004-01 to permit a 24 foot front yard setback in lieu of
the Code required distance of 30 feet, pursuant to Section 22.52.020.B of the Diamond
Bar Development Code.
The project site is located at 1741 Derringer Lane (Tract 24046, Lot 5) within a gated
community identified as "The Country Estates". The project site is an odd pie -shaped
parcel with a narrowing and descending sloping topography towards the rear and sloping
upward beyond the proposed tennis court to the rear (west) property line. According to
the Tract map, the project site is approximately 1.32 gross acres (57,499 square feet) and
has a flood hazard area within the rear yard.
GENERAL PLAN AND ZONING:
The project site has a General Plan land use designation of Rural Residential (RR)
Maximum 1 DU/AC and zoning designation of Single Family Residence -Minimum Lot
Size 40,000 square feet (R-1-40,000). Generally, the following zones surround the project
site:
North: R-1, 40,000 (Single Family Residential -Minimum Lot Size- 40,000 Square Feet);
South: R-1, 40,000;
East: R-1, 40,000; and
West: R-1, 40,000.
ANALYSIS:
o Review Authority
The proposed residential project involves the construction of one (1) single-family
dwelling unit on a vacant lot with a total combined gross floor area of approximately
10,867 square feet. The combined gross floor area consists of all habitable and non -
habitable (e.g. attached or detached garage) space, and covered patio and balcony
areas. 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.
As previously stated, the applicant is also seeking a Minor Variance to deviate from the
minimum required front setback distance. Section 22.44.020 identifies the Deputy City
Manager as the final decision -maker on a Minor Variance. However, when Development
DR 2004-01 Page 2
Review applications are coupled with other discretionary permits (e.g., Minor Variance,
etc.) they shall be acted upon concurrently and decided at the highest level of review
authority (Section 22.48.030). Therefore, pursuant to the Code, the Planning Commission
is the hearing officer for the Development Review and Minor Variance requests.
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. Staff believes that the proposed
development is in compliance with these provisions.
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 chart (Table 1) compares the City's applicable required development
standards and the project's proposed development standards.
TABLE 1:RR — Rural Residential District Development Standards
Minimum Lot Area I 40,000 S.F. I 57,499 S.F. I Yes
Residential DensityI 1 Single Family Unit I 1 Single Family
Unit Yes
DR 2004-01 P,6e 3
Front yard setback
30 feet
24 feet
No(')
Side yard setback
15& 10 feet
48 & 10 feet
Yes
(each)
Rear setback
25 feet
300+ feet
Yes
Building Height Limit
35 feet (maximum)
35 feet
Yes
As required by Chapter
Preserve the
Hillside Development
22.22 (Hillside
Management)
existingYes
topography
Install ornamental
plant material and
Landscaping
As required by Chapter
22.24 (Landscaping)
stabilize and
Yes
preserve the
hillsides
Retaining Walls
8 feet (maximum
6 feet (maximum
Yes
(height)
exposed)
exposed)
10 feet (maximum
10 feet (maximum
Yes
Tennis Court Fencing
height)
height)
6 (incl. 2 tandem)
Parking
2 in fully enclosed
in fully enclosed
Yes
garage.
garage
Lot Coverage
30%
8%
8%
Yes
' Minor Variance has been requested to deviate from minimum IUq U1101I10"R.
o Architectural Features/Floor Plan Layout/Site Amenities
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.
DR 2004-01 Page 4
The architectural style, as described by the applicant, is an eclectic Mediterranean design
emphasizing the use of a variety of building materials for interest to include: concrete tile
roof, smooth stucco, and multiple pane windows with raised stucco molding trim, and
spindle wrought iron balcony railings. The material/color samples indicate earth -toned
shades will be used for the exterior finish to soften the impact and assist in preserving the
hillside's aesthetic value. The architectural style, colors and materials proposed for this
project is compatible with other residences in "The Country Estates". Additionally, the
applicant is working with "The Country Estates" architectural committee to obtain its
approval.
The 8,276 square feet of habitable space proposes three (3) floors. The main floor (first)
encompasses approximately 3,766 square feet and is designed with the primary living
areas (e.g. family room, kitchen, breakfast nook, living room, dining room, library,
bedroom and bath, etc.) The second floor (2,641 square feet) accommodates the prime
sleeping areas to include 4 bedrooms each with an attached bathroom and a bonus
room. The basement includes 1,869 square feet of habitable space (e.g. gymnasium,
theater, maid's quarter, 2 bathrooms and laundry room) and an approximate 1,301
square foot attached six (6) car garage. The outdoor amenities include an expansive
patio with adjoining swimming pool and a lighted tennis court to the rear of the home.
o Grading/Soils/Drainage/Retaining Walls
The preliminary grading plan indicates that approximately 7,862 cubic yards of import and
fill will be necessary to adequately grade the site and create a buildable pad. The
property has a severe descending slope at the front property line. However, as part of this
project's conditions of approval, the applicant will be required to submit a final grading
plan and soils report for the City's Public Works and Building Division review and
approval. Additionally, the drainage patterns and techniques shall be reviewed and
approved by the Public Works Division prior to any permit issuance; surface water shall
drain away from the building at a 2% minimum slope. The plan also proposes a number
of terraced retaining walls that will not exceed a maximum exposed height of six (6) feet
in compliance with the City Code provisions.
Section 22.20.010 establishes requirements for fences and walls to ensure that these
elements do not block views, provide adequate buffering between land uses, and are
designed to provide aesthetic enhancement of the City. The maximum exposed height of
a retaining wall is limited to seven (7) feet. Additionally, the City's Hillside Management
Ordinance (Chapter 22) encourages the terracing of retaining walls to break up mass and
allow for more appropriately suited landscaping for screening. The submitted design
proposes a number of six (6) foot high two-tiered retaining walls design in compliance
with the Code provisions.
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
DR 2004-01 Page 5
environment (Section 22.24.010). The preliminary landscape plan delineates the species,
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, the final landscape plan must identify the quantities of plantings to
be used, which requires review and approval by the City's Planning Department.
Additionally, staff recommends that the planter areas between and adjacent to the
proposed retaining walls be heavily landscaped to protect the hillside and further create
an aesthetically pleasing appearance.
It is staff's opinion that the preliminary landscaping as proposed and conditioned will help
to soften and enrich the appearance of the 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.
o Minor Variance Request
The applicant is also requesting approval of a Minor Variance to deviate from the
minimum required front yard setback distance. Section 22.08.040 of the City's
Development Code requires that a minimum 30 -foot front yard setback dimension be
maintained for new development within the R-1 (40,000) zone. The setback dimension is
measured from the property line to the closest projection of the building. The purpose of
this development standard is to create an open front yard area proportionate to the lot
size that will promote a sensible building plan, and contribute to an attractive street
scene.
Approval of a Minor Variance is intended to relieve the property owner from any inability
to make reasonable use of their property in the same manner, that other properties of like
character in the same vicinity and zone can be used, provided that the deviation is not
contradictory to the goals and objectives of the General Plan, and not detrimental to the
public interest, health, safety, convenience or welfare of the City.
Section 22.52.020.13 of the Development Code permits a decrease, of not more that
twenty percent in the required front yard setback. The applicant is requesting approval of
a 6'-0" (20 percent) reduction. Based on the submitted design, the applicant contends that
the proposed slight reduction in the required front yard setback will allow for a suitable
site layout, which will minimize the grading activities and encroachment onto the natural
sloping topography of the site. The property has a severe descending slope at the front
property line. It is staff's opinion that the reduced setback would not substantially block
the view or degrade the light and open space area of the north or south adjacent
properties when they are developed because of the similar sloping topography.
Additionally, given the existing development pattern of the neighborhood, consisting of
lots with various slope percentages, the intent of the Code to respect and compliment the
front yard setback area of adjacent properties will not be compromised. Therefore, staff is
of the belief that the slight deviation, in this case, would not be detrimental to the public
health, safety or welfare of the community nor would it dispel the goal of the ordinance.
DB 2004-01 Page 6
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
Valley Tribune on October 29, 2004. Public hearing notices were mailed to approximately
40 property owners within a 500 -foot radius of the project site on October 28, 2004.
Furthermore, the project site was posted with a display board and the public notice was
posted in three public places on October 29, 2004.
RECOMMENDATION:
Staff recommends that the Planning Commission approve Development Review No.
2004-01, Minor Variance No. 2004-01, and 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, 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;
DR 2004_01 Page 7
PLANNING COMMISSION
RESOLUTION NO. 2004 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-01,
MINOR VARIANCE NO. 2004-01 AND CATEGORICAL EXEMPTION
ALLOWING FOR THE CONSTRUCTION OF A THREE-STORY SINGLE
FAMILY DWELLING CONTAINING A COMBINED FLOOR AREA OF
APPROXIMATELY 10,867 SQUARE FEET INCLUDING PORCHES,
BALCONIES, COVERED PATIOS, DECK AND 6 -CAR GARAGE. THIS
APPROVAL ALSO INCLUDES LIGHTED TENNIS COURT, SWIMMING
POOL, AND RETAINING WALLS OF VARYING HEIGHTS NOT TO EXCEED
AN EXPOSED HEIGHT OF 6 FEET. THE MINOR VARIANCE APPROVAL
PERMITS A 24 -FOOT FRONT YARD SETABCK IN LIEU OF THE CODE
REQUIRED DISTANCE OF 30 FEET. THE PROJECT SITE IS LOCATED AT
1741 DERRINGER LANE (LOT 5, TRACT NO. 24046), DIAMOND BAR,
CALIFORNIA.
RECITALS
A. The property owner, Marie Bechara and Elie Nader, and the applicant, Pete
Volbeda have filed an application for Development Review No. 2004-01,
Minor Variance No. 2004-01 and categorical exemption for a property
located at 1741 Derringer Lane, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject Development Review,
Minor Variance and categorical exemption shall be referred to as the
"Application."
B. On October 28, 2004, public hearing notices were mailed to approximately
40 property owners within a 500 -foot radius of the project site and the project
site was posted with a display board and the public notice was posted in
three public places. On October 29, 2004, notification of the public hearing
for this project was provided in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers.
C. On November 9, 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:
A. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part I, of this Resolution are true and correct.
B. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt pursuant to Section 15303 (a) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
C. 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.
D. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
1. The project site is located at 1741 Derringer Lane (Lot 5, Tract
No. 24046) within a gated community identified as "The Country
Estates". The project site is an odd pie -shaped parcel with a
narrowing and descending sloping topography towards the rear and
sloping upward to the rear (west) property line. According to the
Tract map, the project site is approximately 1.32 gross acres (57,499
square feet) and has a flood hazard area within the rear yard.
2. The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DU/AC.
3. The project site is within the Single Family Residence -Minimum Lot
Size 40,000 Square Feet (R-1-40,000) Zone.
4. Generally, the following zone surrounds the project site: to the north),
south, east and west is the R-1-40,000 Zone.
5. The Application request is to construct a three-story single-family
dwelling containing a combined floor area of approximately 10,867
square feet (including porches, balconies, covered patios, lighted
tennis court, swimming pool, 6 -car garage, and retaining walls of
varying heights not to exceed exposed height of six feet).
2
E. Development Review
In accordance with Section 22.48.040 (Findings and Decision) of the
Diamond Bar Development Code, the Planning Commission hereby finds as
follows:
The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for specialized area (e.g.,
theme areas, specific plans, community plans, boulevards, or planned
developments).
The project site is a vacant infill lot site for the development of a
single-family residence. The proposed project as conditioned is
consistent with the General Plan in that it will maintain the integrity
and not degrade this residential area. The proposed project, as
conditioned within this resolution, will maintain the required setbacks,
height requirements and lot coverage provisions. The proposed
project is not unusual for'The Country Estates" and is consistent with
other development within this community. As a result, the proposed
project complies with the General Plan objectives and strategies and
the City's Design Guidelines related to maintaining the integrity of
residential neighborhoods and open space. Furthermore, the
Proposed project will maintain an architectural style (Mediterranean)
and construction materials, which are compatible with the eclectic
architectural style, colors, and material of other homes within "The
Country Estates':
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.
The project site is an existing vacant single-family residential estate
parcel of land surrounded by existing developed residential
development of the same proposed size and intensity. Therefore, the
proposed project will compliment the development of the
neighborhood. Additionally, Derringer 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.
3. The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development
3
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines, or any applicable specific plan.
The proposed project is consistent with the surrounding development
in terms of mass and scale. Furthermore, the project meets or
exceeds the City's Development Review Standards, City Design
Guidelines and City's General Plan policies. As a result, the proposed
project will maintain the harmonious, orderly and attractive
development contemplated by Chapter 22.48 Development Review
Standards, City Design Guidelines, and the City's General Plan.
There is no applicable specific plan for this area.
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.
The "Mediterranean" design proposes the use of a variety of
compatible building materials and earth tone colors to soften the
home's impact and assist in preserving the hillside's aesthetic value.
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.
Before the issuance of City development permits, the proposed
project is required to comply with all conditions set forth in this
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 will not be detrimental to the public health, safety
or welfare nor will it be materially injurious to the properties or
improvements in the vicinity.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Article 19, Section 15303
Class 3 (a) (New Construction or Conversion of Small Structure). ,
The categorical exemption reflects the independent judgment of the
City of Diamond Bar.
4
F. Minor Variance
In accordance with Section 22.52.040 (Findings and Decision) of the
Diamond Bar Development Code, the Planning Commission hereby finds as
follows:
There are special circumstances applicable to the property (e.g.,
location, shape, size, surroundings, topography, or other conditions),
so that the strict application of this Development Code denies the
property owner privileges enjoyed by other property owners in the
vicinity and under identical zoning districts or creates an unnecessary
and non -self-created, hardship or unreasonable regulation which
makes it obviously impractical to require compliance with
development standards.
The size and shape of this property is not atypical among those in the
general vicinity. However, it does have a severe varying sloping
grade, which strict application of the Code in this instance would
prevent the site from promoting a design that respects and protects
the natural topography, thus not satisfying the intent of the Code that
hillside developments shall be concentrated in those areas with the
least environmental impact.
2. Granting the Minor Variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other property
owners in the same vicinity and zoning district and denied to the
property owner for which the Minor Variance is sought.
The granting of the Minor Variance would allow the applicant to
construct a conforming single-family dwelling of reasonable and
comparable size and quality with a reduced front yard setback of 24
feet instead of the 30 foot required by the Code, and would not result
in a haphazard layout of land use, nor would it lend a haphazard
quality or appearance to the surrounding area. Additionally, the
single-family home would not alter the existing established character
of the neighborhood.
Strict application of the Code, in this instance, would be detrimental to
the established neighborhood and be conflicting to the essence of the
requirements. The resulting deviation from the minimum required front
yard setback distance would still provide a sufficient open area that
does not hinder the adjacent properties views nor disrupt the
established street scene.
3. Granting the Minor Variance is consistent with the General Plan and
any applicable specific plan.
5
The proposed project is consistent with the goals, objectives and
strategies as set forth in the City's adopted General Plan and any
applicable specific plan. Additionally, the requested deviation from the
minimum required front yard setback distance is relatively minorgiven
the circumstances (i.e. steepness of the lot beginning at the front
property line and the commonness of 20 foot front yard setbacks for
other residence within the surrounding neighborhood) and would not
cause any negative impacts, and the intent of the Code will still be
satisfied.
4. The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience or welfare of the City.
Before the issuance of City development permits, the proposed
project is required to comply with all conditions set forth in this
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 will not be detrimental to the public health, safety
or welfare nor will it be materially injurious to the properties or
improvements in the vicinity.
5. The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Article 19, Section 15303
Class 3 (a) (New Construction or Conversion of Small Structure). ,
The categorical exemption reflects the independent judgment of the
City of Diamond Bar.
G. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
The project shall substantially conform to site plan, floor plans,
elevations, landscape/irrigation plan, grading plan and
materials/colors board collectively labeled as Exhibit "A" as presented
to the Planning Commission on November 9, 2004 and as amended
herein.
2. The site shall be maintained in a condition, which is free of debris
both during and after the construction, addition, or implementation of
the entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done
only by the property owner, the applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection,
2
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.
3. The applicant shall be required to submit a final landscape/irrigation
plan for the entire site that delineates the type of planting materials
color, size, quantity and location, for review and approval by the City's
Planning Commission. The plan shall provide for a variety of grasses
and ground cover, flowering plants, and shrubs and trees. Heavy
landscaping shall be applied to planter areas adjacent and between
all retaining walls. All landscaping and irrigation shall be installed
prior to the issuance of a Certificate of Occupancy.
4. Maximum height of the residence shall not exceed 35 feet from the
finish grade at any exterior wall of the structure to the highest point of
the roofline.
5. The single-family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental
setting as to levels of dust, glare/light, noise, odor, traffic, or other
similar types of disturbances. Nor shall the project be operated so as
to result in significantly adverse effects on public services and
resources. The single-family residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate
dwelling. The property shall not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood.
6. 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 shall be completed and recorded with the Los
Angeles County's Recorder's Office prior to the issuance of a building
permit.
7. The exposed faces of the retaining walls shall not exceed a maximum
height of six (6) feet and have a decorative finish to match the building
design, and be heavily landscaped for added aesthetics.
8. All construction activity shall be in conformity with the requirements
and limitations of the City of Diamond Bar Municipal Code as
implemented by the Building and Safety Division.
9. Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing shall
rl
remain until the Building Official approves its removal. The Applicant
shall provide temporary sanitation facilities while under construction.
10. The single-family structure shall meet the 2001 California Building
Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code requirements.
11. The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
12. The single-family structure is located in "Fire Zone 4" and shall meet
the following requirements of that fire zone:
a. 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;
b. All enclosed under -floor areas shall be constructed as exterior
walls;
C. All openings into the attic, floor, and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than '/4 inch nor more than '/2 inch in any dimension except
where such openings are equipped with sash or door.
13. This single-family structure shall meet the State Energy Conservation
Standards.
14. Retaining wall permits shall be obtained from the Engineering
Department.
15. The applicant shall comply with the requirements of the City Engineer
and Public Works Divisions to include the provisions outlined in the
memorandum dated January 20, 2004.
16. Prior to the issuance of any City permits, the applicant shall be
required to submit a final grading plan and soils report for the City's
Public Works and Building Division review and approval. The
preparation of the site and the construction of the proposed structures
shall be in compliance with the recommendations set forth in such
soils report.
17. 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) to satisfy the Standard Urban
Stormwater Mitigation Plan (SUSMP) requirements. SUSMP
8
provisions shall be prepared and submitted as part of the grading
plans. Further details on SUSMP requirements shall be obtained from
the Public Works/Engineering Division.
18. Drainage patterns and techniques shall be reviewed and approved by
the Public Works Division prior to any permit issuance; surface water
shall drain away from the building at a 2% minimum slope.
19. The applicant shall submit a precise grading plan for 50 cubic yards or
more of earthwork prior to the issuance of any City permits. The
grading plan shall be 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:
(a) Cut and fill quantities with calculations;
(b) Existing and proposed topography;
(c) Flow lines and drainage/drainage outlets and hydrology
calculations showing the capacity of proposed drainage
devices as well as exiting drainage devices on site; and
(d) Finish surface and finished grade of all walls/retaining
walls and retaining wall calculations.
20. Prior to the issuance of any City permits, the proposed construction
plans shall be submitted to the Fire Department for review and
approval.
21. Applicant shall make application to the water purveyor as necessary,
and shall submit the evidence of their approval to the Planning
Division prior to the issuance of building permits.
22, The applicant shall make an application for sewer connection with the
Los Angeles County Department of Public Works and the Sanitation
District.
23. All utility service to the proposed project shall be installed
underground.
24. In accordance with the Department of Fish and Game Section 711.4,
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.
25. This entitlement is valid for two (2) years and shall be exercised (i.e.
construction shall commence) within that period or this entitlement
shall automatically expire. A one (1) year extension may be approved
when submitted to the City in writing at least 60 days prior to the
expiration date. The Planning Commission may consider the
extension request at a duly noticed public hearing in accordance with
Chapter 22.72 of the City of Diamond Bar Development Code.
26. This entitlement shall not be effective for any purpose until the
permittee and owner of the property involved (if other than the
permittee) have filed, within fifteen (15) days of the approval date, at
the City of Diamond Bar Community and Development Services
Department, their affidavit stating that they are aware and agree to
accept all the conditions of this grant. Further, this grant shall not
become effective until the permittee pays any remaining City
processing fees.
H. 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 Marie Bechara and Elie Nader, 2059 E. Del
Almo Boulevard, Rancho Dominguez, CA 90220 and Pete
Volbeda, 615 N. Benson Avenue, Unit D, Upland, CA 91768
APPROVED AND ADOPTED THIS THE 9T" DAY OF NOVEMBER 2004, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
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 9th of
November 2004, by the following vote:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
James DeStefano, Secretary
10
CITY OF DIAMOND BAR
COMMUNITY AND DEVELOPMENT SERVICES
DEPARTMENT/Planning Division
21825 E. Copley Drive
Diamond Bar, CA 91765
Phone (909)396-5676 Fax (909)861-3117
1.L -`ADMINISTRATIVE DEVELOPMENT REVIEW
Z DEVELOPMENT REVIEW APPLICATION
Record Owner Applicant
Bechara, Marie
Name Nader, Elie A Volbeda; Pete
(Last name first) (Last name first)
Address 2059 E. Del Amo Blvd. 615 N. Benson Ave., Unit C
City Rancho Dominguez
Upland
Zip 90220 91786
Phone ( ( 310) 635-7075 Phone ( ) ( 909) 373-1150
Fax ) (310) 635-6778 Fax( ) (909) 373-1152
�Gase� 1 54
�,Q .Zo�y - !
IDeposit $ g�g9.p0y � „�- p�
I Receipt z
IBy
I Date Recd
FOR CITY USE
Applicant's Agent
A iN1 bA?__ EILF
(Last name first)
aorg '1fl al"d.
Phone Y/
Fax ( ) y t x' ::;-n_ C•
An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is
amount for this application is indicated either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit
icant shall pay any proce
the deposit prior o issuance of the permit; above.
processing costs are l sspthlan the deposit, a refund willing costs that exceed the amount of
III be pard.
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.)
Consent of Owners: l certify that I am the owner of the herein -described property and permit the applicant to file
this request.
Print Name Marie Bechara
(Ail record owners)
Signed.
(AII record owners) Date
Certification of Applicant: 1, the undersigned, hereby certify under penalty of perjury that the info
Provided is correct to the best of my knowledge. rmation herein
Print Name Pete
(Applicant or
1
, Architect
Signed _ L
( ppllcan or Agent) Date 1/8/04 Zz
Location 615 N. Benson Ave., Unit C, pland,CA
rV
(Street address or tract and lot number)
Zoning R 1-1 House Numbering Map/aerial 1741 Derringer
Previous Cases
'resent Use of Site vacant
Jse applied for SFR
City of Diamond Bar
DEVELOPMENT REVIEW/ADMINISTRATIVE DEVELOPEMNT REVIEW APPLICATION
LEGAL DISCRIPTION (All ownership comprising the proposed lot(s)/parcel(s).
1741 Derringer, Diamond Bar
Lot 5, Tract 24046
Area devoted to structures 4129 s.f.
Project Size/(gross square feet):
% Landscaping/Open space 45,000 s.f.
8979 s. f tot Coverage 8 % Proposed density 1 /ac
(Units/Acres)
Style of Architecture mediterranean
Number of Floors Proposed 3
Slope of Roof 4:12
Grading yes If Yes, Quantity 7862 cubic yards import
Cut 0 Fill 7862 cubic yards import
Import yes If Yes, Quantity 7862 cubic yards import
Export no If Yes, Quantity
Retaining Walls Maximum Exposed Height
6 feet '
Complete pages 3 and 4 Burden of Proof
2
DEVELOPMENT !-,,-VIEW AND ADMINISTRATIVE DEVELOF-...ENT REVIEW
BURDEN OF PROOF
!n addition to :he nformaucn -ecuired in 'he aecrication.:he 3colicant s^all substantiate to 'Me satisfaCon or :ne
01anrnrg ^ivis;oniP!anning Commission :ne :orcwing ;acs: ,answers me.st:e .er= - ;nc :cr-c,e
agditicnai Sneets of gaoer if necessarv. )
'_e :es:gn anc .avoul :r :tie orccosec ceveiooment are �-_cnsis,ent .virn :ne _-ererai 013r :eve!ccr^er•
StanC"'� if 'he apptlC3Cte clStnC;, cesign :u!celfnes. and arcnitectural Criteria ror spec:al areas e.z:..:neme
areas. ,oecmc oians.:Immunity clans, oou,evares or 3!annee eeveiooments,.
2l
the
`,e cesicn anc 'avcut :r "ie crcoosec cevetooment will not :nter-ere mtri :ne _se arc an cvrrert :r ,eicnccr:rc
existing cr :ire ceve!ccments, anc %vill ^ot create traffic or oeeestnan nazares:
r`c'�-'r-merits a,n -- a=f_c. Since _tilcro � c 3G�G�1��0I1Z1
T Tt -
3. 'he arcnitec;urai design of the or000see cevelooment is compatible with the character of 'he surrounding
neicnoern000 and will maintain and ennance the narmonicus, orderly anc attractive ceveiopment contemoiated
ov :ne :Devejooment Coce. General Plan, cr any aooiicaole specific clan:
'r":is -s 3 .moi tteranean desjar Simirar +_
1. The cesign or the cr000see development will orovide a desiraoie environment for •ts occupants anc visiting
cupiic as well as it netghocrs :hrougn good aesthetic use of matenais, :exture and color, and will remain
aestheucaly aeoeating; anc
in -nri
"C
=aice 3n r4lizr- G
3
cr
lv
rhe cr^ccsed :evelecrrent will not 5e ':etrrmentai 'o :ne cunhc health. the t pertiel oreirncrcvemen snn the s
(e.g., negative affect on the property values or
resale(s) of prooerry)
to vicinity.
Sd--r'
A sinal- `ami'_'
4
Nov 10 03 09:42a City of Diamond Bar 909-336-7485 P.2
P,eco-c Owner
CITY OF DIAMOND BAR
COMMUNITY AND
DEVELOPMENT DEPARTMENT
Planrl Division
21825=. �ocie\ Drve
7F5
Pncre (909'r 396-5676
e -^an -info Jci.d!amond-bar ca.
D VARIANCE APPLICATION
MINOR VARIANCE APPLICATION
Applicant
Name hT'(Z Ik
G N aR-A
Nadar, Elie Z. Volbeda, Pete
(Last name firs:)
(Las: name first)
D006S : $ _—___---
D21e Re_ c
FOt Z17' AE
S A 3r
App. icanYs Agent
, s. �3±V' >"b'F
(Last "ire first)
Acdress 2059 E. Del Amo Blvd. 615 N. Benson Ave., Unit C 2059 E. Del Amo Blvd.
,D!tv Rancho Dc,av,.guez
Zip 90220
P -on= ( ) ( 310) 635-7075
Faxi } (310) 635-6778
Upland Rancho Dominguez
91786
Phone( (909) 373-1150
Fax ( ) ( 909) 373-1152
90220
Phone(310 920-5743
Fax 310 635-6775
An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this
Application. The application fee is either a flat fee or a deposit plus payment of the City's 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: I; is the applica^t's respo-sibility to notfy the City in writing of any cha-ge cf the principals involved during
:he-rocessing of this case (Attach separate s^eet, if necessary, including narnss, addresses, and signatures -of
mer-bers of partnerships, ;cint ventures, and directo-s of co-oorations.)
Consent: l certify that l am the owner of the herein -described property and permit the applicant to file. -
this request.
Signed Date
(Ail record owners) a `
Certification: 1, the undersigned, hereby certify under penalty of perjury that the information h jbin J�-,
provided is correct to the best of my knowledge.
Print Name Pete Volbeda Signed �/ ate1 /8/04
(Applicant or Agent)
S,reet tocatcn 1741 Derringer lame between Grand and Diamond Knoll lane
(Street) (Street)
1
Revised 2111/03
TREE PRESERVATION STATEMENT
( J The subject property is % acre or less and is exempt from Tree
Preservation Requirements.
[;. The subject property contains no native oak, walnut, sycamore, willow, or
naturalized California Pepper trees.
( ) The subject property contains one or more oak, walnut, sycamore, willow,
or naturalized California Pepper trees. The applicant anticipates that no
activity (grading and/or construction) will take place within five (5)
feet of the outer dripline of any oak, walnut, sycamore, willow, or
naturalized California Pepper tree.
[ ] The subject property contains one or more oak, walnut, sycamore, willow,
or naturalized California Pepper trees. The applicant states that activity
(grading and/or construction) will take place within five (5) feet of the
outer dripline of any oak, walnut, sycamore, willow, or naturalized
California Pepper tree. A Tree Permit has been or will be applied for prior
to any activity taking place on the property.
(Applicant's Signature)
D:WORD-IINDAIFORMSITREE STATEMENT
(Date)
Nov 10 03 09:43a City of Diamond Bar 9C9-396-7466 p.3
CITY OF DIAMOND BAR
VARIANCE APPLICATION
CONTINUED...
1 - 1
Zoning R
rro-ec: Size (gross acres)._
Nouse Nu-ne-ng Man
1741 Derringer Lane
Pre.-ious Cases
L.A. County of Regional Planning #38988 10/27/89 —
Present Use of site
vacant
F:+r
Domestic Water Source __ yes Company i District, Walnut Water Co.
Method of Sewage Disposal pump and sewar Sanitation District L.A. County
Gracing of Lots by Applicant"> Yes :� No C Amcunt 7862 cubic yards import
(Show necessary grad ng des gn on site plan or ten:. map)
LEGAL CESCRIPTiON (All ownership comprising the proposed icts project;. If petiton:ng -er zone change.
attach egal description cf exterior boundaries of area subject to the c,,ange.
Lot 5, Tract 24046, 1741 Derringer Lane
ter✓✓een
Grand and Diamond Knoll Lane
(3,-reet;
Resicen:ial� 1 SFR
-otal Units
Froject Site:
4
Total Paml-..g
51,563
(Street;
n/a
3acheior 1 Bedroom
yes
C:overed Parking
6
2. Bedroom. & laraer
0
Uncovered Pa -icing
1
Gross Area Number of Lots.
Area devotee to: Structure 4129 s.f. Open Space 45,000 s.f.
Res:de^tia' Project 8979 s.f. _ and 3
Gross Area Number r,f Floors
r
Density: I 0 nN Ae- (maximum Height 38 • S No of Floors: 3 Sq. Footage 8 `� 7 9
Non-resicential
Sc. r.. area
Parkinc-
f ota
Landscaping:
Revised 2/1 111C3
No. of Blcys.
Sta-dart
Sq. feet
2
Occ-pant Load'
Handica;
Nov 10 03 09:43a
CITY OF DIAMOND BAR
VARIANCE APPLICATION
CONTINUED...
Grading: YES XX NG
irnpo-t: YES
Expoii• YES _j
Planner
Previous Cases:
NO
N O -oc
City of Diamond Har S09-396-7486
p.4
f yes, Quant tv:
Cut: 0
=ill:
7862 cubic yards
_
7862 cubic yards
If yes. Quanirty:
If yes. Q,:antity:
L-A- Department of Regional Planning #38988 10/27/89
Revised 211/03 3
Nov 10 03 09:43a City of Diamond Har 909-396-74eG P.5
VARIAKCVIIII.VOR VARIANCE BURDEN OF PROOF
In add;ticn to the :rfottration reauirec in the apFh_attan tae a?pllcart Mali subslant:a:e to tho saustactiar of ih: Plznn..-iz
U:v:sion/Piawung Cemrrission he foilowirg facts Ar_lw rs must be deraiiea and rem-!•rtr ruacn saaru,nc: sneers o'
paper 7 necEssar.. r
1. there are special cirurnstaxes appltcab a tc Lht: pro-xrl}' (e.g- Watfor.. snipe. s'—e. �urro0t:d_nfls, t2nOLra.)It.. '):
ober conditions 1 co that the strict application of the Development Code dentes h: prep�-r- ovine- prn':ieges
en'ioyed by other property owners to the vi:irtt� and under identical zoru.ig dig-rcir or :reztn as u-mecebsa--, and
non-sei- created, hardship or unreasonable regulavor which rnake -t obviotrsl; .mpractica. to ;eq t:;e co. -IE ttanc
with the development standards-
SEction 22.52.020 (2) setback/yard area. A decrease, of not more than
in die required sefbac%7y - area tor sEr-acfures;ianciscaping--swann%ng
poo _s s_pa_s _anci equipment. cure height._An increase, of not time
109Ar in the mxirrntm allStria-tare height c——�,�_��-.--------
THE LOT IS YW S'= TO -- -- —
Gran^ng Lw Variz=vMinor Variance is necessary for the preservation and enjoyment of <_u'trstantiJ Eropem
rizhrs possessed by other property owners m he sarre victtuty and zoning d:s rict and denied to :he prorem ov:cer
fcr uhtch the Vzriance1M:ncr Variance s sought:
—'Me Owner Wtshe W colistract C1 se witt ftrst-ftuoz levwith
�eet-, -thus requiring the front se —c-—re-ucion.-------
Granwtg hz Vdriance/Minor variance is consisten- with the General Plan ta!d at:r a rp!icablL speciiic pian; and arty
Specific -Hatt: and
The -,rupeseu er-m1emeni wci id nn' he cjc:rrmer.-i to the p.Jbiic ir.teres:, hea?th, safem. cor.verdence, or welfare of
the Cj:v. anc
—Meccitttpleted bMI cTUr g wit no appear
hones in the neighborhood. -- ------ —
71-.c proposed entitlement has been reviewed in compusnce with the provisions or the Califomia Environmental
Quality Act (CEGA).
yes
20%
than
NOV 10 03 09:46a . CII -S or Diamond 38r.
90S-386-7466
CERTIFIED PROPERM OWNER'S LIST
AFFIDAvur
Pruject No.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIA` OND BAR
I Pete Volbeda _ I,c - -,r peril:: U:' pc:, ury,
F:aC,Zue. tyz- the atiaciied list cu.,Ijaiw :-- -ziry ui.,i, - PursUA-It ;0 SCI -t-31: 201S 5 or ik, Cc& -
n:; And at�dressei of all ar m
r -.)U of -it CCLlU, 40; Lc: Angeles as ou-ners of the� PtF"Us who we 'houn on dc ..,test ava:!abIr assess
subI,-c,,,3ropm.,,* AM as cwziing properly A,;LbLn a d�Quwe of -
feet from Mt- entero- boundaries of propvri legan.. de . scribee as: -�T hundred
Lot 5, Tract 24046
L Upland
C,y
Pete Volbeda
Nov 10 03 09:4Ba city of Diamond Har 909-396-7486
7 Please list al! �revtoas cases (if any,' relates to th s project: L.A. Department of —
_ Regional Planning #38988 _ 10,!27/89
• 8 :-ist reiatec perru:1s-'3pprovc1:s: required. Spuin r.pc x:d ::antis:_ ageac., Building permit,
grading permit.
9 Ari future rlhases planned for Cis ?rojec_ Yc� No X
1t yrs. csplau.:
10. Present zomn-: _ R 1-1
: l veneral Pla<. Land Use Drsicnation SFR
1' Water and sewer srrvxe: Domestic Water Pablic Sevier
Du`s serN:cr V-Xht at stir" Yes No Yes X Nu
es, da su;vevors have
_ap;:cuv to meet derrand of
p: oiect :Uld al. ether approv:�a X
protect'' Ye, No Yes No
!f d;rrrssic water Or pabl:c sew rs arc nut availab!e. how wi:i tnese services be provided;
L Rc::dentiai Pro,ects
.1. imber arid n x of units
h. Roo- arez o: each cal:
Nurnhe- o? f:oors:
C I loustn�- market targact:
(demgraphic -xmrilt,:
f Sales price,re:t:
g ❑csL:-lbL pro?osrc ame:»t:es:
h Iv':ntmy'rt ne: lot size:
I Maximum net lo: size:
j `%1, e.. aee ne; lot site
p_10
Nov 10 03 09:46a pity of Diamond Bar
r. Schools:
• School district serving
the proKct"
• are exis::ng school
iaciliues adequate ti
met proie.t needs?
• It not, wtat pro. isi(ins
Will be mace for additional
::!assroorrs?
S09-396-7466 P-11
Yes No
14. Nor: -residential projec_s (commerciai, industrial, ar_d insiitt:tionalr
a. Distance to =Tres: residential tise or sensitive cse t.sca(jo;' hospital, etc.).
b Number and floor area of buildings:
C NLMher Df etnployeei and shifts _
c Maxim r.i -mber employees p:r Shift.
e Ooe-wing hours:
t ComriLriry xnefit derived from :he protea:
g. ideniit♦ m cad produc:s. wastc products and :ttezr�s of disposal.
h. Do project operations use, stoic of NrL.dxe hazardous substances such as uil. pesttctdes, chemieafs, paints, or
radio active materials? yr, No
If yes. explain in detail:
0
.Nov 10 03 09:47a -rit!j of Diamond Bar SOB -396-7485 P.12
Do vour ortrafions -xuire ar.y fTeSSU72e.' tanks' Yc-.- so x
T' yes, expam m detail
j. Identify any f1mr-mahle, r,—it %-e n- exp.ozive material I-- L)e located on -situ -none
de'.ivery or sb!r)r.-xn: trl-C,-S [7a%.-. r!_rojgh :esiJen.iAl areas to -ca.h the rear; si Ye.i ""0
11 vas, CX-31ain it Lerail:
If. Descrioc pub';c o-- p-rivett utility easements. structures -,.r other ffi.vt e)L.s( ui ur bt!.o% Lh-
ot the pro ea s.ie-
none
[Cscnx 711-v, hzngc r. thr uthe s.,;e rrsuling f -on-. the p-3)vct a: proposed:
custom home in place of vacant lot
is 1)e<c r-. r,r you the prupised orciec: A ill ih Int
its sur.nuncijigs I e . WU Lie project blend into the cxisuiz!
Pe;9::')OThO'3d.' How I M121c to the sue, scalc, s.-Ae and cazraC7
.er of th: c%;sting surruut.ding
developmel-'t?,
enhance neighborhood
Nov 10 03 09:47a "its of Diamond Bar,
909-396-74P6
B. Environmental [niormabon
1 EinJUrtmenral set'.ing e� the project Site
h ustin_ use and s:rat-cures vacant
Topoeraphyrs:Ooes 2:1 slope entire site
Arima,s _ gophers, coyotes
a. Vegetation: _ _ weeds, sagebrush
r Water course none
Cu-ruraPhistcri.a! rrwitrres none
Other
E:'%"ra'unental setting surrounding the proje;t site:
Exisurie uses/structures (types, deisities, cc.) Vacant lots, custan homes
constructed
Tcpo raphv'siopes: 2:1 slope
C 'Umals: gophers, coyotes
ti
o.13
a
.Nov 10 03 09:47a -itid of Diamond Bar
C Vr2elallunweeds, sagebrush
t Wan!:rcourscs- none
none
V - Olilerl
909-396-748E p.14
Are ,,ierr any rniuor :rct-s Lin site, uxludmg oak. walnu:. w
syCr.ore naiur3J:zeb C2.ilfcrn a )--U()L!r an'
3rrn.-c x
If expla—i in detal (size, Lit -Tan.— _Wztion, condition, ex.)
Will the oroiec. reqLIR7 g.d,:in:; Yea x Nj
7862 cubic yards import
_%cs, howman� cubicYarLs o'cut anc
will carm%wurk 'x balanced in mv-1 Yes No
X
no! rvlaiiced. \%here wit. dirt be oxitired or cCPC5itcc[9
Art ,h;:rc any iLk:njjjjLtjc lLniLji_cs or oL:jvr m.it,o gcoloejL: P.jLzaTL:j vr, -
opc.ty inClLding
ancoinpa-,te-c fit") Yes No x
�v5, cxp.air, n detzil:
nov 10 03 09:47a 'fty of Diamond Ha- 90"-396-7486 p.15
s th. prcpea.� l�xawd � ithia a sigh :ire hszz:d are- ii il's.des w;t rrtud!rateiv dense veeetat.,Ir.:.
C' No X
es, exp.ain :n detaii
Dist:.uce r;; rx nearest ti -e stat.on ----- — _ -- — ---- --
5 r.%:sting Heise sorrtes a. the stir. residential noise sources only.
Noise or cibratwn to he prrerated hv:he prq'ect construction noises.
Q Fumes/odors 10 b!' gene'ared h-: 1.� rrotect aac roxictty" none
7. Dui: :.si cr srroL LO h0 eener t;.,d b, cne prole;tl none
u'r,,:; arrf cn::ry mg designs cr :rater:ai wii' tie insulation, Walls,
energy efficient furnaces.
Describe ani altrranon of he enissinc d:aiaage -)c(ternS o' potential for chanes in surfue o. grcrurk
water q Lhty or quantity (i c., 1Yili tf.c t10u- of aa3 permanent ,)! irtennittcnt sur'u,e or subsurface water
chal.p. as a result of th.'i project? it su explasi how W dl there he any tmect:or, wells, septic systems,
ur �thre facilities tha: ntay effrct surface car subsurace water quality?t:
none
l Descntxr an_., rrsidrntial construcooa o:oposc:a an it tet land:
none
s
Nov 10 03 09:48a ^ity of Diamond Bar 904-396-7486 p.16
Certificatiun: I hereby certih- ttat the staaenxr.A tirn_srec ab ve and .n the atrate3 eaiixt, Drese:u
Cte da:a and iniorrmuon rey:.trtd :or :his in:uai eNa.nation to ti.e best o: T,, apt:a.. anz
taat isle rads, swernents, am in fo::natior: p-esented are Irlle ana ccrrc:: t_ utc bc-st/u.`
r..y }mnwledge and bean.
�—
Date: ��-- Si: nature --___--- -
FO- d j lei r, -- acx ft ►��
a+
RECORDING REQUEST BY:
City of Diamond Bar
WHEN RECORDED MAIL TO:
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Attn: Deputy City Manager
Use
COVENANT AND AGREEMENT TO
MAINTAIN A SINGLE FAMILY RESIDENCE
DEVELOPMENT REVIEW NO. DR 2004-01 AND MINOR VARIANCE NO. 2004-01
The undersigned hereby certify that Marie Bechara and Elie Nader is/are the
owner(s) of the hereinafter described real property located at 1741 Derringer Lane in
the City of Diamond Bar, County of Los Angeles, State of California, commonly known
as:
Legally described as Lot 5 of Tract Map No. 24046
Assessor's Book and Parcel Number: 8713-003-005
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.
DATED:
a
By
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
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1741 DERRINGER LANE, DIAMOND BAR. CA
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PETE V®LBELA —Apg6t,@aw@ Phnnng
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��nruw.e cMwuvara* 615 N BENSON AVE, SUITE C IPLA D CA 91786
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SECTION A A & B B & CC
Q 1 RESIDENCE FOR MARIE BECHARA
Q 1741 DERRINGER LANE, DIAMOND BAR, CA
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PETE VOLUEUP ht&PIS
615 N BegSON AVE SUTF D, UPLAND, CA 91786
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SECOND FLOOR PLAN
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615 N BENSON AVE., SLATE D LPLAND CA 917
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RESIDENCE FOR MARIE BECHARA .q 615 N BBSON AVE., SUITE D LPLAND CA 91766
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CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
On November 9, 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 November 4, 2004, 1 posted a copy
of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held
on November 9, 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
I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 9, 2004, at Diamond Bar, California.
Stella Marquez
Community and Devel ent Services Department
g:\\affidavitposting. d 0