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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 n!lvate �"d 0 ond ready for S=nninq 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. 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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 ho r MCI . i. 4 � y' «;. _ .cam s ..�a •, a4.r <: 0 O 0 O 1 "g O x A a rrrl Z D D D n � D m a •. D 00 D Cs I r Q U O � OD N � v '*moi •� Nom---� Woo T PL � f v>Zn m= z z � 5 �o >mnz N - \ R ey c y.� p nnc ZI roc _zo 2A 28, mR� A —_ ml < —Z `V . a"3 ID mo v U� s SITE PLAN 1 INCH = 16 FT d RESIDENCE FOR MARIE BECHARA 1741 DERRINGER LANE, DIAMOND BAR. CA m DERI NGER LANE ` z b' Ila $ Q oaew wa PETE V®LBELA —Apg6t,@aw@ Phnnng A O1 ��nruw.e cMwuvara* 615 N BENSON AVE, SUITE C IPLA D CA 91786 TEL 909 373 1150 F-- wx = w ^n m J Q z you n SECTION A A & B B & CC Q 1 RESIDENCE FOR MARIE BECHARA Q 1741 DERRINGER LANE, DIAMOND BAR, CA D D PETE VOLUEUP ht&PIS 615 N BegSON AVE SUTF D, UPLAND, CA 91786 TEL 909 373 1150 w — as m 1 j 77 II -------------- ;i r T 1 R i � I I rLq'_my�zg i N IFN$ it n, Z i C Z cA a D N'4 3F +3 po' 'rte' f ` } i \ 3 I � f PETE VOLUEUP ht&PIS 615 N BegSON AVE SUTF D, UPLAND, CA 91786 TEL 909 373 1150 w — as m 0 Fri / LA q | ■� ±�% �? ■ � r ° DER �—�— NGER LAN +.tea .�ec�� a 91786 13 TEL 909 373 n _"a7a_ 7s k ) ~ \ _ \ \ Q / !/ | � } r +.tea .�ec�� a 91786 13 TEL 909 373 n _"a7a_ ETE V®L®EUP wm P bis N BENSON AVE., SUTE D UPLAND CA 917 TP— 909 373 B50 FAz"m u9 SECOND FLOOR PLAN RESIDENCE FOR MARIE BECHAP rg-TE V®LBEDA A-aALov 615 N BENSON AVE., SLATE D LPLAND CA 917 TEL 909 373 1150 mx 909 = w --i M r -q M r n i� ROOF PLAN! "` 9 PETE VOLBOA Ar L" PIS RESIDENCE FOR MARIE BECHARA .q 615 N BBSON AVE., SUITE D LPLAND CA 91766 d 1747 DERRINGER LANE. DIAMOND BAR. CA 01 373 1150 FAX Ww I IJ -Q I EAST AND WEST ELEVATIONS PETE VoLump 44"U" Filf" ri.,. RESIDENCE FOR MARE BECHARA 615 N BENSON AVE., SUTE D UPLAND CA 91766 . .1 1741 DERRINGER LANE, DIAMOND , AM OND BAR, CA TEL 909 373 1150 Y -9093731m 11. D m m > Frl 1.2 110 7n -Q I EAST AND WEST ELEVATIONS PETE VoLump 44"U" Filf" ri.,. RESIDENCE FOR MARE BECHARA 615 N BENSON AVE., SUTE D UPLAND CA 91766 . .1 1741 DERRINGER LANE, DIAMOND , AM OND BAR, CA TEL 909 373 1150 Y -9093731m m q 3 SOUTH ELEVATION (LEFT)-OWEPRTE V�Jt.�MA � Pk� RESIDENCE FOR MARIE BECHARA . 615 N BENSON AVE., SLATE D LPLLAND CA 91786 I�Al ncoDu.lrro I AMC MAL/nAln DAD re TEL 909 3731150 FAX 904J7d19 v -e NORTH ELEV#,TION (RIGHT) 14-ditootme rh9w RESIDENCF FOR OARIEBECHARA 615 N BENSON AVE, SLATE D UPLAND CA 9L76Z 17,&l r)ppplmrr:g;l Am;7 r) ntA�Amr) PAP rA TEL 909 373 1150 FAx " 373 W Jw v Ozl U� p U �+ O N J Z Q Q CD CD a: U� a` W a r z v U� U� Zir O 0 _O U c+� Z a T °° UZ V O Z UT a W r a LLJ � F- Z= c v 0 aQ a a Li 0-00 p r ¢OI w w Wei �� Ufi Jw OZ Ozl d p p0 _W F' O j J Z Q Q LL p F- pQ a: z Li 02 W a z z 0 Zir O _O _O Z Z Z °° UZ Q 0 U_z 2 j U U I U< a LLJ � a Z= Q3 U (� 0-00 jr cc QOI ¢OI w w Wei LU Ufi LL LU C7 LU Q < j CI --v m 0 20 a0 1360 LL 0 L z LLr UZ Uz = 11 Op d a a a �" W ZJ LL < ZJ LL Q CL Jw OZ Ozl d _~z m p p0 _W F' 0Q. 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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