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HomeMy WebLinkAbout12/14/2004PLANNING COMMISSION FILE COPY AGENDA December 14, 2004 7:00 P.M. South Coast Air Quality Management District Government Center Building - Hearing Board Room 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Dan Nolan Jack Tanaka Ruth M. Low Joe McManus Steve Tye Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title Il 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. w g ni�t,�lo��n B-0 0� 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(Rci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, December 14, 2004 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2004-55 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 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: November 23, 2004. 5. OLD BUSINESS: None. 6. NEW BUSINESS: 6.1 Discussion regarding December 28, 2004, Planning Commission meeting: Consideration to Adjourn meeting in anticipation of a lack of quorum. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2004-27/Tree Permit No 2004-07(pursuant to Code Sections 22.48.020.(a)(1) and 22.38) is a request to construct a four story single-family residence (split level design) with two two -car garages, covered patio, deck and balconies totaling to approximately 14,335 square feet. The request also includes retaining walls within the front, side and rear yards DECEMBER 14, 2004 PAGE 2 PLANNING COMMISSION varying in height with a .maximum exposed height of six feet. The Tree permit is related to the removal/replacement/protection of walnut trees. Project Address: 23506 Mirage Lane (Tract 23483, Lot 31) Property Owner: Dong Lee 1526 Rancho Hills Chino Hills, CA 91709 Applicant: Victor Choi 17047 Glenfold Hacienda Heights, CA 91745 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a) (construction of one single-family residence), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2004-27/Tree Permit No. 2004-07, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2004-37/Minor Variance No. 2004-07/Tree Permit No. 2004 11 (pursuant to Code Sections 22.48.020.(x)(1), 22.52 and 22.38) is a request to construct a three story single-family residence with four car garages with two spaces in tandem, covered patio, deck and balconies totaling to approximately 8,000 square feet. The .request also includes retaining walls within the front, side and rear yards varying in height with a maximum exposed height of eight feet. The Minor Variance is for a 20 percent reduction in the required 30 foot front yard setback and 30 percent increase in exposed height for retaining walls within the front yard. The Tree permit is related to the rernova l/replacement/protection of oak trees. Project Address: 2108 Rusty Spur (Tract 30091, Lot 107) Property Owner/ Yakob Liawatidewi and Sun Moon Suhaimi Applicant: 9355 Mesa Verde Drive, #E Montclair, CA 91763 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a) (construction of one single-family residence), the City has determined that this project is categorically exempt. DECEMBER 14, 2004 9. 10 PAGE 3 PLANNING COMMISSION a' �u Recomme'n" dation: Staff recommends that the Planning Commission approve Development Review No. 2004-37/Minor Variance No. 2004-07/Tree Permit No. 2004 11, 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. oroiects. SCHEDULE OF FUTURE EVENTS: SPECIAL COUNCIL MEETING: Tuesday, December 14,2004-6:30 p.m. Government Center/SCAQMD - Auditorium 21865 Copley Drive DIAMOND BAR Thursday, December 16, 2004 - 7:00 p.m. COMMUNITY FOUNDATION Government Center/SCAQMD Room CC -8 MEETING: 21865 Copley Drive CITY COUNCIL MEETING PLANNING COMMISSION MEETING: STATE OF THE CITY TRAFFIC AND TRANSPORTATION COMMISSION MEETING PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Tuesday, January 4, 2005 - 6:30 p.m. Government Center/SCAQMD - Auditorium 21865 Copley Drive Tuesday, January 11, 2005 - 7:00 p.m. Government Center/SCAQMD - Auditorium 21865 Copley Drive Monday, January 13, 2005 - 7:00 a.m. Diamond Bar Center - 1600 S. Grand Avenue Thursday, January 13, 2005 - 7:00 p.m. Government Center/SCAQMD Hearing Board Room - 21865 Copley Drive Thursday, January 27, 2005 - 7:00 p.m. Government Center/SCAQMD Hearing Board Room - 21865 Copley Drive roby � and ;a may �� MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 23, 2004 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Tanaka led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka, and Commissioners Ruth Low, Joe McManus and Steve Tye. Also present: James DeStefano, Deputy City Manager, Nancy Fong, Planning Manager, Ann Lungu, Associate Planner, 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 November 9, 2004. VC/Tanaka moved, C/Tye seconded to approve the minutes of the Regular Meeting of October 26, 2004, as corrected. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: ABSTAIN: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS None None VC/Tanaka, Tye, Low, McManus, C/Nolan None None None NOVEMBER 23, 2004 Page 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): None 7.1 Development Review No. 2004-17 and Tree Permit No. 2004-10 In accordance with Code Sections 22.48, 22.42 and 22.38, this is a request to construct an approximate 1,382 square foot two story addition with a 990 square foot two-story balcony and patio cover colonnade in the rear of an existing 4,588 gross square foot two story, single-family residence with a four -car garage. The request also includes the removal and replacement of protected/preserved oak and walnut trees and to grade and construct the series of retaining walls in areas of varying topography from two to seven feet exposed height. The grading and walls will create a new pad for the proposed 338 square foot guesthouse/recreation room. The project also included a basketball court, swimming pool and spa. PROJECT ADDRESS PROPERTY OWNERS/ APPLICANT: 2800 Steeplechase Lane (Lot 58, Tract 30289) Diamond Bar, CA 91765 Robert and Mary Chang 2800 Steeplechase Lane Diamond Bar, CA 91765 PM/Fong presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-17 and Tree Permit No. 2004-10, Findings of Fact, and conditions of approval as listed within the resolution. C/Low asked if recommended mitigations indicated in Leopoldo Avila's September 14, 2004, letter were incorporated in the resolution. PM/Fong responded that the recommendations were included in the conditions of approval within the resolution. Chair/Nolan referred C/Low to page 5, paragraph (k). PM/Fong indicated that Condition (w) on page 8 could be modified to state that all mitigation reflected in the arborist's report would be required. Kent Wu, Architect, said he was present to questions. He stated that he read staff's repo conditions of approval including the mitigation report. answer Commissioners' rt Chair/Nolan opened the public hearing. and concurred with the outlined in the arborist's NOVEMBER 23, 2004 Page 3 PLANNING COMMISSION With no one present who wished to speak on this item, Chair/Nolan closed the public hearing. C/Tye moved, VC/Tanaka seconded to approve Development Review No. 2004-17 and Tree Permit No. 2004-10 as amended by C/Low, Findings of Fact, and conditions of approval. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low, McManus, Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None 7.2 Development Review No. 2004-38 and Minor Variance No. 2004-13 - In accordance with Code Sections 22.48, 22.56 and 22.68, this is a request to construct an approximate 1,332 square foot addition, a 288 square foot patio cover, and to remodel an existing 1,915 livable square foot two story, single- family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal non -conforming front setback distance. PROJECT ADDRESS PROPERTY OWNERS/ APPLICANT: 23415 Quail Summit Drive (Lot 26, Tract 31063)) Diamond Bar, CA 91765 Richard and Carmen Romero 23415 Quail Summit Drive Diamond Bar, CA 91765 PM/Fong presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-38 and Minor Conditional Use Permit No. 2004-13, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nolan asked if the legal non -conforming setback was the standard prior to application of the City's Development Code and PM/Fong responded that Chair/Nolan was correct in his assumption. NOVEMBER 23, 2004 Page 4 PLANNING COMMISSION Richard Romero explained the proposed project to the Commission and said that he read staff's report and concurred with the conditions of approval as stated. Chair/Nolan opened the public hearing. With no one present who wished to speak on this matter, Chair/Nolan closed the public hearing. C/McManus moved, C/Low seconded to approve Development Review No. 2004-38 and Minor Conditional Use Permit No. 2004-13, Findings of Fact, and conditions of approval. Motion approved 4-1 by the following Roll Call vote: AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low McManus, Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Vesting Tentative Tract Map No. 53670, Zone Change No. 2002-03, Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12 In accordance with the Subdivision Map Act, City's Subdivision Ordinance - Title 21 and Development Code - Title 22, Sections 22.70, 22.58, 22.22 and 22.38, this is a request to subdivide approximately 7.5 acres into five lots for the eventual development of five single-family custom homes. The Zone Change is related to changing the existing zoning from R-1-20,000 to Rural Residential (RR). The Conditional Use Permit is related to grading and development within a hillside area. The Tree Permit is related to the removal/replacement/protection of oak and walnut trees. PROJECT ADDRESS: Southerly Terminus of Alamo Heights Drive (On the east side) PROPERTY OWNER/ Horizon Pacific Diamond Bar, LLC APPLICANT: Jerry K. Yeh 2707 S. Diamond Bar Boulevard Diamond Bar, CA 91765 AssocP/Lungu presented staff's report. Staff recommended that the Planning Commission recommend certification to City Council of the Draft Environmental Report No. 2004-01 (SCH#2003071051) and recommend NOVEMBER 23, 2004 Page 5 PLANNING COMMISSION approval to City Council of Vesting Tentative Map No. 53670, Mitigation Monitoring Program, Zone Change 2002-03, Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12, Findings of Fact and conditions of approval as listed within the resolutions. AssocP/Lungu responded to C/Low that RR zone was more restrictive than the R-120;000 zone Lots and setbacks were required to be larger. If Mr. Yeh decided to sell the property without development, the mitigation measures would go with the project and the new owner of project would be responsible. The property owners of each lot would be given a Buyers Awareness package as part of their escrow and would be required to sign a receipt to assure understanding and compliance. AssocP/Lungu confirmed thatthe'in- lieu" fees were a part of the off-site mitigation. VC/Tanaka said he visited the site today. He asked if the terminus of Alamo Heights would create the need for widening the property between the two existing houses? AssocP/Lungu responded that there would be some adjustments made in accordance with the Conditions of Approval for the driveway of the home adjacent to this project and that the condition was directed toward the developer. Lex Williman, Hunsaker & Associates San Diego, Inc. said that he was proposing a down zoning that would be more restrictive and prior to recordation the developer would be required to produce a habitat mitigation project and plan. He stated that the road would be widened to the standards of "The Country Estates" and asked that the Commission recommend Council approval. Chair/Nolan opened the public hearing. With no one present who wished to speak on this item, Chair/Nolan closed the public hearing. DCM/DeStefano responded to Chair/Nolan that as a result of this project 208 trees would be removed and that such removal was usual for this type of development. Also in such cases it would be difficult to reach the 3:1 ratio for replacement on-site, thus the in -lieu condition. C/Low asked about the status of the parcel south of this proposed project. DCM/DeStefano stated that the project known as Tract 53430 was in the development stages. A Draft EIR was distributed to the public and the public NOVEMBER 23, 2004 Page 6 PLANNING COMMISSION comment period had closed. As a result of comments received from the public as well as City staff, the project was being revised. Staff anticipated a new plan drawing about the end of January 2005. The 80 -acre project includes about 48 dwelling units and millions of yards of earth removal with thousands of trees potentially affected. VC/Tanaka moved, C/McManus seconded, to recommend certification of the Draft Environmental Report No. 2004-01 (SCH#2003071051) and recommend approval to City Council of Vesting Tentative Map No. 53670, Mitigation Monitoring Program, Findings of Fact and conditions of approval as listed within the resolutions. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Chair/Nolan, VC/Tanaka, Low McManus, Tye None None C/Tye moved, Chair/Nolan seconded to recommend approval of Zone Change 2002-03, Findings of Fact and conditions of approval as listed within the resolutions to City Council. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low McManus, Tye None None VC/Tanaka moved, C/Low seconded, to recommend approval of Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12, Findings of Fact and conditions of approval as listed within the resolutions to City Council. Motions carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Chair/Nolan, VC/Tanaka, Low McManus, Tye None None 8. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: VC/Tanaka wished everyone a safe and happy Thanksgiving Holiday. NOVEMBER 23, 2004 Page 7 PLANNING COMMISSION 9. STAFF COMMENTS AND INFORMATION ITEMS: DCM/DeStefano reported that at its November 16 meeting the City Council upon a vote of 4-1 approved the Best Western property Parcel Map. Thursday PM/Fong celebrates her first month with the City and DCM/DeStefano found her to be a great asset to him in the operation of the Planning Division. I n addition, she also oversees the Neighborhood Improvement Division. He stated that as time passes and with her capable input, the delivery of projects to the Planning Commission and to the City Council will continue to improve and she will contribute great service to the City. DCM/DeStefano wished the Commissioners and their families a Happy Thanksgiving. C/Tye asked that tonight's meeting be adjourned in memory of Kanuh Parikh, a gentle man and long time friend and resident of Diamond Bar. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 7:42 p.m. in memory of Kanuh Parikh. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Dan Nolan, Chairman PLANNING COMMISSION AGENDA REPORT CTT`" OF DIAMOND BAR - 21825 COPL.EY DMIE - DL4_m0 TD B.AR. CA 91765 - TEL (909) 839-7030 - FAX 19091 861 -311 - AGENDA ITEM NUMBER- .' I I MEETI_NG DATE: December 14, 2004 REPORT DATE: November 30, 2004 CASE/FILE NUMBER Development Review 2004-27/Tree Permit No. 2004-07 PROJECT LOCATION: 23506 Mirage Lane (Lot 31, Tract 23489) Diamond Bar, CA 91765 APPLICATION REQUEST: Request for approval to construct a four story (split level) single-family residence with two attached two -car garages, covered patio, deck and balconies totaling to approximately 14,335 square feet. The request includes retaining walls within the front, side and rear yards with a maximum exposed height of six feet. The Tree Permit is related to the removal, replacement, protection of walnut trees. PROPERTY OWNERS: Dong Lee 1526 Rancho Hills Chino Hill, CA 91709 APPLICAI T: victor Choi 17047 Glenfold Hacienda Heights, CA 91745 STAFF RECOMMENDATION: Approve Development Review No. 2004-27 and Tree Permit No. 2004-07. BACKGROUND The project site is located at 23506 Mirage Lane (Lot 31, Tract No. 23483) within a gated community identified as "The Country Estates". The project site is an irregular triangular shape widening at the rear property line and descending in elevation toward the rear property line. According to the tract map, the project site is approximately 4.08 gross acres (177,724.80 gross square feet). The tract map indicates a flood hazard area within the rear portion of the project site and a three foot wide sanitary sewer easement adjacent to the northerly property line. All proposed development is not within the easements. 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 and uses surround the project site: North: R-1, 40,000 (Single Family Residential), Single Family Residence; South: R-1, 40,000 (Single Family Residential), Single Family Residence; East: R-1, 40,000 (Single Family Residential), Single Family Residence; and West: R-1, 40,000 (Single Family Residential), Single Family Residence. ANALYSIS: Development Applications/Review Authority The proposed project consists of two applications, Development Review and Tree Permit. The Development Review application is an architectural/design review. Development Code Section 22.48.020(a) 1 requires Development Review by the City's Planning Commission for residential projects that propose new construction on a vacant parcel. The proposed residential project involves the construction of one single-family dwelling unit on a vacant lot with a total combined gross floor area of approximately 14,335 square feet. The combined gross floor area consists of habitable and non -habitable space (e.g. attached garages, deck, covered patio and balconies. The proposed project meets this criterion. Development Code Section 22.38 requires a Tree Permit application for the preservation, removal and/or replacement of oak, walnut, sycamore, willow and pepper trees that are eight inches or more in diameter at breast height (DBH) and located on properties of more than one-half acre. The project site is 4.08 gross acres and the applicant is requesting the removal of two walnut trees and the preservation of two walnut trees. Therefore, a Tree Permit application is required. DR 2004-27/TP 2004-07 Page 2 The Development Review application requires Planning Commission review. The Tree Permit may be approved by Director/staff. However and pursuant to the Development Code, all applications shall be processed simultaneously and reviewed by the highest review authority. In this case, the Planning Commission is the highest review authority. 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. 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 comparison matrix below provides an overview of the proposed project's development standards 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. Development standards for the RR zoning district are applicable to the R-1-20,000 zoning district. Staff believes that the proposed development is in compliance with these provisions. 35 feet from natural or 35 feet from natural or Building height limit ! finished grade finished grade Yes (maximum) Separation between 25 feet 25 & 28 feet adjacent residential Yes JLi ULILUI GJ i i I Lot coverage i I I 30 % (maximum) 6 percent Yes I Install plant material & As required by Chapter stabilize the hillsides; Landscaping 22.24 (Landscaping); approximately 45 percent No, 50% of front yard shall be of front yard to be landscaped landscaped I Retaining Walls (height) 8 ft. (maximum exposed) 6 feet (maximum exposed) Yes 2 car garage fully 2 attached garages each Parking enclosed (minimum) I with 2 parking bays fully Yes enclosed *Condition of approval in resolution will require the applicant to provide approximately five percent or 310 square feet of additional landscaping within the front yard. Architectural Features/Floor Plan Layout 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 Mediterranean. Architectural features include columns at the front and rear facades, window arrangement and style and varying plans delineated in the elevations. A variety of building materials in earth tone colors are proposed as follows: Roof Clay tile. U.S. Tile, Turino (terra cotta color) Stucco La Habra: smooth texture; Crystal White (X-50) and Pacific Sand (X-72); smooth texture; Mouldings, Columns, Ballustrade Gray Windows White (vinyl) Trim Dunn Edwards — Swiss Coffee (off-white) DR 2004-27/TP 2004-07 Page 4 The proposed architectural style and colors are compatible and the proposed residence is consistent in size with other homes surrounding the project site as well as within "The Country Estates". Furthermore, the applicant has obtained the approval of "The Country Estates" Architectural Committee. The proposed residence will have four levels. Two levels will be seen from the street and four levels (split) will be view from the rear. Exhibit "A" delineates the levels as follows: Lowest level/ swimming pool area Swimming pool (partially indoor), jacuzzi, deck and shower area; Basement Playroom, 2 bathrooms, ballroom and work-out room; First floor Entry, sitting area, library, living room, dinning room, kitchen with nook and pantry, family room, powder room, service room, 2 bedrooms with bathrooms, hallways, two garages and balcony; and Second floor Master bedroom suite, 2 bedrooms with bathrooms, bonus room, bathroom, bridge, vestibule and 3 balconies. Five bedrooms are proposed with two garages attached to the residence that will park four cars. The proposed driveway has the ability to park additional cars. Therefore, staff believes that the parking provided for the proposed residence will be adequate. Grading/Soils/Drainage/Retaining Walls The conceptual grading and drainage plan indicates that approximately 20 cubic yards of cut and 700 cubic yards of fill are necessary to adequately grade the site and create a buildable pad. 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 retaining walls within the front, side and rear yards to support the buildable pad. The retaining walls vary in height with an exposed height not to exceed six feet. All retaining walls shall be earth tone in color. Two retaining walls are located within the front yard setback. One wall will not exceed an exposed height of 42 inches. The other wall will have a maximum exposed height of six feet. Pursuant to Development Code Section 22.20.040 — Height Limitations for Retaining Walls. where a retaining wall protects a cut below the natural grade and is located in the front yard, the retaining wall may have a maximum exposed height of six feet. In this situation, the wall is viewed mainly by the property owner of a project site. For the proposed project, the retaining wall located in the 30 foot front yard setback adjacent to the garage varies in exposed height for 1.40 feet to six feet. At the point of the six foot height, the grade is delineated at 1143 feet and the elevation at top of wall is delineated at 1143.28. As a result, this retaining wall will not been seen from the street. As such. this retaining wall is allowed pursuant to the Development Code. DR 2004-27/TP 2004-07 Page 5 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. size and quantity 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, a final landscape and irrigation plan is required to be submitted to the Planning Division for review and approval prior to the issuance of any City permits. The final landscape plan shall include taller shrubs adjacent to the rear retaining wall 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 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. Trees Permit The City's Development Code protects oak, walnut, sycamore, and willow trees and pepper trees where feasible with a trunk diameter of eight inches or greater at breast height (DBH) located on properties of more than one-half acre. The project site is 4.08 gross acres and the applicant is requesting to remove two walnut trees and preserve two walnut trees. Therefore, a Tree Permit application is required. Pursuant to an arborist report dated April 29, 2004 and prepared by Knapp Associates, the walnut trees affect by the proposed development are as follows: Tree #/Species Location Size Health Action 2Walnut Within front of pad 12" DBH Suitable for preservation Removal 3 Walnut Within front of pad 4" DBH Suitable for preservation Removal :t11 Walnut Rear/outside pad 7" DBH Should be replaced Remain P12 Walnut Rear/outside pad 12" DBH Suitable for preservation Remain Pursuant to the Code, the walnut trees that have a DBH less than eight inches are not required to be preserved or replaced. As a result, the #2 walnut tree that will be removed is required to be replaced on site at a 3:1 ratio and the #1.1 and #12 walnut trees will remain since they are located outside the construction area. It will be required that protective chain link fencing be installed on the project site pursuant to Development Code section 22.38.140. Said fencing shall be five feet in height and located five feet outside the trees' dripline. This fencing shall be installed and verified by a City inspector prior to the issuance of any City permits and shall remain until final inspection occurs. Additionally, trees to be removed and trees to be protected shall be clearly delineated on the grading plan. Furthermore, the revised landscape plan shall indicate the walnut trees to remain and the location of the three replacement walnut trees at 24 inch box size as required in the Development Code. DR 2004-27/TP 2004-07 Pflge 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(a) (new construction of one single-family residence), 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 December 2, 2004. Public hearing notices were mailed to approximately 38 property owners within a 700 -foot radius of the project site on November 29, 2004. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on November 29, 2004. RECOMMENDATION. Staff recommends that the Planning Commission approve Development Review No. 2004-27, Tree Permit No. 2004-07, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: Ann J. Lungru, Associate'Planner Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, elevations, sections, grading plan, landscape plan and colors and materials board dated December 14, 2004; 3. Applications; 4. Covenant and Agreement to Maintain a Single Family Residence; and 5. Aerial. DR 2004-27/TP 2004-07 Page 7 A. B. PLANNING COMMISSION ©. RESOLUTION NO. 2004 -XX f A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-27, TREE PERMIT NO. 2004-07 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FOUR STORY (SPLIT LEVELS) SINGLE-FAMILY RESIDENCE WITH TWO ATTACHED TWO -CAR GARAGE, COVERED PATIO, DECK AND BALCONIES, TOTALING TO APPROXIMATELY 14,335 SQUARE FEET. THE REQUEST ALSO INCLUDES THE FOLLOWING: RETAINING WALLS IN THE FRONT, SIDE AND REAR YARDS WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET; AND THE PROTECTION/REMOVAUREPLACEMENT OF BLACK WALNUT TREES. THE PROJECT SITE IS LOCATED AT 23506 MIRAGE LANE (LOT 31, TRACT NO. 23489), DIAMOND BAR, CALIFORNIA. RECITALS. The property owner, Mr. Dong Lee and applicant, Mr. Victor Choi have filed an application for Development Review No. 2004-27, Tree Permit No. 2004-07 and categorical exemption for a property located at 23506 Mirage Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On December 2, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Vallev Dailv Bulletin newspapers. On November 29, 2004, public hearing notices were mailed to approximately 38 property owners within a 700 -foot radius of the project site. Furthermore, on November 29, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On December 14, 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: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 1 2. 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 judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site located at 23506 Mirage Lane (Lot 31, Tract No. 23489) within a gated community identified as "The Country Estates". The project site is an irregular triangular shape widening at the rear property line and descending in elevation toward the rear property line. According to the tract map, the project site is approximately 4.08 gross acres (177,724.80 gross square feet). The tract map indicates a flood hazard area within the rear portion of the project site and a three foot wide sanitary sewer easement adjacent to the northerly property line. All proposed development is not within the easements. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone surrounds the project site: to the north, south, east and west is the R-1-40,000 Zone. (e) The Application request is for approval to construct a four story (split level) single-family residence with two attached two -car garages, covered patio, deck and balconies totaling to approximately 14,335 square feet. The request includes retaining walls within the front, side and rear yards with a maximum exposed height of six feet. The Tree Permit is related to the removal, replacement, protection of walnut trees. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district. design guidelines, and architectural criteria for special areas (e.g.. theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing vacant infill lot located in "The County Estates'; planned for residential development and subdivided prior to the City's incorporation. The proposed project as conditioned is consistent with the General Plan adopted on July 25, 1995 in that it will maintain the integrity and not degrade this residential area. Furthermore, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 4.08 gross acres. The proposed project, as conditioned within this resolution, will maintain the required setbacks, height requirements fora residential structure and retaining walls and lot coverage. It is consistent with the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. The proposed architectural style (Mediterranean) and colors are compatible with other residences in the surrounding neighborhood. Tthe proposed residence is consistent in size with other homes surrounding the project site as well as within 'The Country Estates" as a whole. Furthermore, the applicant has obtained the approval of "The Country Estates" Architectural Committee. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As referenced above in Finding (f), the proposed project is a single- family residence, consistent with other single family residences established within "The Country Estates". The project site is large enough to accommodate the proposed project. As such, the proposed residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will remain a single-family residence. Additionally, Mirage Lane adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by 3 Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. or any applicable specific plan. The proposed project's architectural style (as referred to in the application) is Mediterranean. This style is compatible with other residences within Tract No. 23489 and "The Country Estates" due to the eclectic architectural style existing in this area. The applicant has obtained "The Country Estates" homeowners' association architectural committee approval. The proposed color palette is varying shades of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Additionally, prominent architectural features of the proposed residence include the front entry flanked by columns and balconies, window arrangement and varying plans at each elevation. The rear fagade is dominated by deck and balconies which assist in reducing the mass of the rear fagade, The roof articulation is achieved by changes in the horizontal plane which also assist in reducing the mass. As a result, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20 Development Review Standards, City Design Guidelines and the City's General Plan. There is not an applicable specific plan for the project area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above Findings (f) through (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco and stone accent and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. Tree Permit (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (q) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (r) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (s) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (t) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (u) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (w) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards The City's Development Code protects oak, walnut, sycamore, and willow trees and pepper trees where feasible with a trunk diameter of eight inches or greater at breast height (DBH) located on properties of more than one-half acre. The project site is 4.08 gross acres and the 5 applicant is requesting to remove two walnut trees and preserve two walnut trees. In order to construct the proposed residential structure of this size which is the current trend in "The Country Estates" and is comparable to many other homes approved by the City, the specified trees will need to be removed. Therefore, a Tree Permit application is required and Tree Permit No. 2004-07 has been filed and is part of this resolution. Pursuant to an arborist report dated April 29, 2004 and prepared by Knapp Associates, the walnut trees affect by the proposed development are as follows: #/Species Location Size Health Action #2 Walnut Within front of pad 12" DBH Suitable for preservation Removal #3 Walnut Within front of pad 4" DBH Suitable forpreservation Removal #11 Walnut Rearioutside pad 7' DBH Should be replaced Remain # 12 Walnut Rear/outside pad 12" DBH Suitable for preservation Remain Pursuant to the Code, the walnut trees that have a DBH less than eight inches are not required to be preserved or replaced. As a result, the #2 walnut tree, located in the front portion of the proposed pad area, will be removed is required to be replaced on site at a 3:1 ratio and the #11 and # 12 walnut trees will remain since they are located outside the construction area. It will be required that protective chain link fencing be installed on the project site pursuant to Development Code section 22.38.140. Said fencing shall be five feet in height and located five feet outside the trees' dripline. This fencing shall be installed and verified by a City inspector prior to the issuance of any City permits and shall remain until final inspection occurs, Additionally, trees to be removed and trees to be protected shall be clearly delineated on the grading plan. Furthermore, the revised landscape plan shall indicate the walnut trees to remain and the location of the three replacement walnut trees at 24 inch box size as required in the Development Code 5. E. -sed on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated December 14, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the 0 entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction. and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate the following: (1) Species, location, size and quantity of all plant material including taller shrubs adjacent to the rear retaining wall; (2) Location of the three replacement walnut trees at 24 inch box size within the rear portion of project site planted in a cluster like form; (3) Three additional clusters of trees, minimum size 24 inch box, shall located within the rear portion of the project site near the rear retaining wall and north and south property lines and one cluster in between; (4) The pepper tree to be located in the front yard adjacent to the drive shall be deleted and located in rear yard in one of the tree cluster; (5) Three Queen Palm trees (two -10 foot high brown trunk and one -15 foot high brown trunk) shall be located adjacent to the driveway; and (6) Fifty percent of the front yard in landscaped. Prior to final inspection or Certificate of Occupancy, it will be required that all landscaping/irrigation be installed. (d) Prior to grading plan check submittal, the applicant shall submit a revised grading plan that plots all walnut trees (those to be removed and remain). Grading plan shall also delineate the protective fencing five feet in height and located five feet outside the trees' dripline. This fencing shall be installed and verified by a City inspector prior to the issuance of any City permits and shall remain until final inspection occurs. The revised grading plan shall be reviewed and approved by the Planning Division due to the removal of specified trees prior to the issuance of any City Permits. (e) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (f) Retaining walls shall not exceed an exposed height of six feet as delineated in Exhibit "A". All retaining walls shall be earth tone in color and of decorative material (i.e., split face, stacked stone, etc.). VA (g) Prior to digging the foundation and setting forms, the applicant (at the applicant's expense) shall provide a certified land survey to the City verifying the required setback locations pursuant to the Development Code, Exhibit "A" and as shown in the comparison matrix of the staff report. (h) The residential structure shall not exceed a height of 35 feet from the natural or finished grade. Said height shall include the chimney. At the rough framing stage, the height of residential structure shall be certified by a licensed engineer approved by the City at the applicant's expense. (i) Building setback from top of slope at the rear of the subject property shall meet Section 18 of the 2001 California Code. (j) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the State of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Retaining walls' elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated; and (5) Flood hazard area and sewer easement (k) Prior to the issuance of a grading plan and/or any City permits, the applicant shall submit a geotechnical report prepared by a geotechnical engineer, licensed by the State of California for the City's review and approval. The geotechnical report shall include referencing the stability of the retaining walls to withstand pressure of the retained soils. (1) Upon approval of the geotechnical report, the applicant shall submit a grading plan including a hydrology study, prepared by a civil engineer, licensed by the State of California for the City's review and approval. (m) Earthwork calculations shall be submitted concurrently with the grading plan for City review and approval. The grading plan shall be prepared in accordance with the City's requirements for grading plan check. This shall include using the correct title block format for the drawings. (n) An erosion control plan shall be submitted concurrently with the grading plan clearly delineating erosion control measures for the City's review and approval. These measures shall be implemented during construction between October 1 and April 15. (o) Applicant shall obtain a Rough Grade and Fine Grade Certifications by a project soils and civil engineers and shall submit certifications to the Public Works/Engineering and Building and Safety Divisions prior to inspection and placement of concrete foundations or footings (p) Applicant shall provide service connection for water, sewer, gas, electric. etc. (q) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (r) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. (s) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (t) Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. Best Management Practices (BMP's) are required to be incorporated into the project plans for both construction and post construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP's Fact Sheets can be obtained through the Public Works Division. (u) All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. (v) Prior to the issuance of a building permit, a pre -construction meeting shall be held at the project site with a grading contractor, applicant, and City grading inspector at least 48 hours prior to commencing grading operations. (w) The proposed residence shall comply with the State Energy Conservation Standards. (x) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (y) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. w7 (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 114 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (z) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (aa) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (bb) All balconies shall be designed for a 40 pound per square foot live load. (cc) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (dd) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (Pe) Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. (ff) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. 10 (gg) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (30) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (h h) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Dong Lee, 1526 Rancho Hills, Chino Hill, CA 91709 and Mr. Victor Choi, 17047 Glenfold, Hacienda Heights, CA 91745 APPROVED AND ADOPTED THIS 14TH DAYOF DECEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. GW 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 14th day of December 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 11 CITY OF DIAMOND BAR COMMUNITY AND DEVELOPME, SERVICES DEPARTMENT Planning Division 21825 E. Cooley Drive Diamond Bar, CA 91765 Phone (909) 839-7030 Fax (909) 861-3117 www.CityofDiamondBar.com f�ADSTRATIVE DEVELOPMENT REVIEW d DEVELOPMENT REVIEW APPLICATION RECORD OWNER APPLICANT NAM= ` e e Dong NAME _ V t C.'ro12. (' 44 01 ADDRESS CITY ZIP PHONE FAX ( (LAST NAME. FIRST, (LAST NAME. FIRST) 1526 Rancho Hills ADDRESS Chino Hills CITY6 i Ca 91709 zIP T`14� _GA PHONE (626 )/iib I FAX (6�6) 96f ' /OI --1 FOR CITY USE CASE 0 _,�> DEPOSITS , RECEIPT = PLANNER 1r ci� a APPLICANT'S AGENT NAME \JiC.Tala r �, I (LAST NAME. FIRST ADDRESS CITY 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 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: 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: I certify th l am the ci er of the herein -described property and permit the applicant to file this request. I , 1 SIGNED V 5-4-04 L RECORD NERS ) DATE Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. PRINT NAME \jl (- H. 5-4-04 i APPLI OR AGENT ) DATE PROJECT LOCATION 23506 Mirage Ln, Diamond Bar, Ca 91748 PRESENT USE OF SITE:71tRs3 'a' PROPOSED USE: Nev, single Familv House V r .. ... L- II II ADMINISTRATIVE REVIEW APPLICATION ! DEVELOPMENT REVIEW Complete Burden of Proof pages 3 & 4 LEGAL DESCRIPTION (All ownerships comprising the proposed lot(s)/parcel(s). PROJECT SIZE: 8,951.25 gross square feet LOT COVERAGE: DENSITY: MAXIMUM HEIGHT: 2-T NO. OF FLOORS: RESIDENTIAL UNITS TOTAL UNITS STUDIO 1 BEDROOM 2 OR MORE BEDROOMS PARKING TOTAL PARKING GARAGE CAPACITY CARPORTS UNCOVERED PARKING/ STALLS I ARCHITECTURAL STYLE: COMMERCIAL/ INDUSTRIAL GROSS SQUARE FEET NO. OF BUILDINGS PARKING TOTAL STANDARD STALLS HADICAPP STALLS RESIDENTIAL & COMMERCIAL/ INDUSTRIAL LANDSCAPING GROSS SO. FT. —. sq. ft. GRADING: YES or NO ❑ IF YES TOTAL QUANTITY• Ac TOTAL CUT: TOTAL FILL: IMPORT: YES 0 or NO 0 IF YES QUANTITY: EXPORT: YES ❑ or NO 0 IF YES QUANTITY: RETAINING WALLS MAXIMUM EXPOSED HEIGHT: GENERAL PLAN ZONING HOUSE NUMBERING MAP PREVIOUS CASES 2 DEVELOPMENT REVIEW AND ADMINISTRATIVE DEVELOPMENT REVIEW BURDEN OF PROOF In addition to the information required in the application, the applicant snali substantiate to the satisfaction of the Planning Division/Planning Commission the following facts: (Answers mus,. be detailed and complete. Attach additional sheets of paper if necessary.) 1. The design and layout of the proposed development are consistent with the Genera' Pear. development standards of the applicable district, design guidelines, and architectural criteria for soecia areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). Having checked carefully w/ Cit}- staff, I trust the design & lavout are consistent w/ the City General Plan, Development Standards of the applicable district, design guidelines & architectural criteria ror special areas. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; Beim, an in—fill project and being designed to Code, The deli n & lavout of the proposed development will not interfere w% the use enjovment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive geveiooment contemplated by the Development Code, General Plan, or any applicable specific plan; ine design of the proposed development w; the material,color, architectural design elements, is compatible w/ the character of the surrounding neighborhood and will enhance the harmonious, orderly and attractive development contemplated by the Development ode, general Plan, or any applicable specific plan. 4. Tne design of the proposed development will provide a desirable environment for its occupants and visiting public as well as it neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; and The design of the proposed development, w,' thorogh studies of all design elements—shape, size, proportions, will provide a desirable environment for its occupants & visiting public as well as it neighbors through good aesthetic use of materials, texture & color and will remain aesthetically appealing, 5 S. The proposed development will not be detrimental to the public health. safety. or welfare or matenai � injurious (e.g., negative affect on the property values or resaie(s) of property) to the properties o• improvements in the vicinity. The proposed development is felt to be a be -fitting design, will certainly not be detrimental to the Public health safety or welfare or materially injurious to the properties or imyroyements in the vicinity.7i ',-A K 5-4-04 Date CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT Project No. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, , 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 California, this day of .200 Signature Print Name TREE PRESERVATION STATEMENT X959 [ ] The subject property is '/2 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 and/or con- struction) will take place within five (5) feet of the outer dripline of any coast live oak, california black walnut, california sycamore, arroyo willow, or pepper tree. The subject property contains one or more coast live oak, california black walnut, california sycamore, arroyo willow, or pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any coast live oak, california black walnut, california sycamore, arroyo willow, or pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. Applicantfs ignature) (Date) 8 Record Owner game —ee (Lastnamefirst? +ddress ! J� tv Kn.�^1✓so �'� n t� I a qt-1OGl hone CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 Phone (909) 839-7030 Fax (909) 861-3117 TREE PERMIT APPLICATION Applicant lr- fi•K- c H (Last name first) C> b kill �N Phone v --T Phone ( ) !Case d7 IFPLF IDeno s;: IReceint = IB, _0VIrN 1Date Rccc �t; _f 'iDOV FOR CIT) t -SI Apphcant > .-leen[ 11 ✓L C, as; nam; firs: TOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of thu n Ise. (Attach separate sheet. if necessa. including names, addresses. and signatures of members of partnerships. point ventures. and director, of )rporauons. ( onsent: I certifi, that I am the owner of the herein -described property and per►nit the applicant to file this request. gned (All record owners) Date ertification: 1, the undersigned, hereby certify under penalty of pe{jury that the information herein provided is correct to the best of my zowledge. int Name Apni:can; or Aeent 2ned or Afent Date )cation (1,L:. ;tdores, or <_enerai description of location) and legal description of property in question: (use additional sheets as necessary ✓--)L "', .IV�_C. i.V1_,. reel ddcirc- or tri:L inj (ot numner — - mans oak, kdinut. s%ramore. u,ilo A- naturalized California pepper trees & reparian woodwinds will be cut, removed relocated or ma lec we mam oaks. -iinu:. s�,amore. willciN, naturalized California pepper trees 6t reparian habitat trees will remain? II tress to be removed, be replaced' J schedule for plantirl if yes, indicate the proposed size, type, location (indicated on site plant trees to be relocatedit yes. identifv who will move them and their qualifications for doing this. ENVIRONMENTAL INFORMATION FORM FOR RESIDENTAL PROJECTS (To be completed by applicant) General Information. Date filed: Project Information: Pertinent Permits/Appli 1. Name, Address and Phone Number of Project Sponsor: Name. Address and Phone Number of Key Contact Person(s): 3. Project Address: Project Assessor's Block and Parcel Number(s): 5 Other Identification(other recorde&map location information): t� A. Does the project require ari or the following actions by the Cuv: .Administrative Development Review YES NO Development Revteu Minor Conditional use: Conditional Use Permit. General Plan .Amendment: Plot Plan Revie" Subdnision Minor Variance ariance Zone Change B. List and describe any other related standards, permits and other public approvals relevant to this project, including those required by city, regional, state and federal agencies: G Land Use Designations: General Plan Designation: Zoninc,: S. Proposed Specific Use of Site: 9. A. Site Dimensions and Gross Area: B. Legal Description of the Project: (attach copy to this form if necessary) 10. Describe public or private utility easements, utility lines, structures or other facilities, which exist on the surface or below the surface of the project site. AJ o':lated projects Projects or potential projects. which are directly related to this, project ii.e. potential uci ciopment,; �tvircil reautre completion of this protect): 1= Describe am anticipated phasing for this project: (number of units d rinte frame) 13. Attach one copy of each of the following: A. Preliminary Soils Report. B Preliminary Geologic Investigation. C. Drainage Study. D. Topographic Map highlighting any existing slopes of 259% or more. E. Tract map, Parcel Map, or Plot Plan clearly showing each area of cut and each area of fill: all residential unit pads (if known), and any areas with slopes 25% or more. F. Photographs showing the site from different it.e.: north, south, east, west) vantage points and photographs showing vistas (::e. north, south, east, west) from t a site. 3 Are the following items applicable to the proposed project or its effects? )Discuss belov all items, which apply to this project: anach addutoriai sheets as necessan 1» Grading: Maximum depth of excavation: Maximum depth of fill: Quantity of soil moved: cubic vards. Will there be an on-site balance of cut and fill? 15. V iewshed: Describe any change in the appearance of the site resulting from the proiect as proposea 16. Describe how the proposed project will fit into its surroundings (i.e. will the proposed project bicnd taro anti existing neighborhood? How will it relate to the size, scale, style and character of the existing surrounaine development' !- Describe any alteration of the existing drainage patterns, or potential for changes in surface or ground eater qualm or quanhn. (i.e. will the flow of any permanent or intermittent surface/subsurface water change as a result of this project' How' Will there be any injection wells, septic systems, or other facilities, which near affect surface or subsurface water quality'?) De,,ribe ani ion, -term noise and or vibration, which may occur as a result of this project: (after constructiorn :rr iris nrowrt direcrh or indirectly cause the generation of noise and or vibration greater than c.rists noir? i 11, Describe am residential construction proposed on filled land (i.e. identifi the lot number of each structure /proposed to Oe aunit of filled land.) ,U Do an, significant tree exist on the project site now? Describe the effect this project will have on them, (i.e. oaf walnut, ss•caniore, willow naturalized California pepper trees & reparian habitat are considered significant). Describe whether the proposed project will disturb or cause removal of any of these trees or reparian habitat. 4 Is the protect site located in a national, state. regional or locally designated area of historical. environmerti other significance? If so describe. (i.e. is the site, an area designated as a hillside management ares sit,nirica,:- ecological area. significant mineral resource area. etc. , Describe the environmental setting (synopsis) of the project site. This narrative shall include a des motion the soil stabilit). slopes. drainage, scenic quality, plants, and animals which may exist on the site nmanO ani existing structures and the existing land use of the.project site. Describe the surrounding properties (synopsis). This narrative shall include a description of the soil stability. slopes, drainage. and scenic quality, plants and animals, which may exist. Indicate the type of land use (residential, commercial. etc.), intensity of land use (single -Jamil y, multi -Jamil ' v. density, commercial, professional, etc.). and scale of development (height, frontage, set -back, etc.) ithe adjacent surrounding area. Certification I iwren•, ccrtn that the statements furnished above and in the attached exhibits present the data and information "ilii, c.i rnr initiai enn ironnienial evaluanon of the proposed project. All information is to the best of nn ieaQr. veiier ana abilin to determine factual, true and complete . LM Fur Signature. Cnif) eiioii or this torn, is required to begin review of a protect. Information within this form and the requtred aria chca maieria ls K 11 assist the Cit in determining whether a Negative Declaration Mitigated Negative Declaration or Ent iron menial impact Report shall be required. Rei6/0.t RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive, Diamond Bar, CA 91765 ne rcr hecoraer s use oni� COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE Development Review No. 2004-27/Tree Permit No. 2004-07 The undersigned hereby certify that Dong Lee are the owner(s) of the hereinafter described real property located at 23506 Mirage Lane in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 31 Tract Map No. 23483 Assessor's Book and Parcel Number 8713-034-005 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/maintained for single family residential purposes only. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. By By DATED: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of , 2004 before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State P 0 9 w4 WW R Q W Zg - ce Jd �» I I� I r t kCt C g � gFS 4 ge 3 a 86116"YO NYE[ (JNOVMu 'N7 3tt)vWn90SEZ 3JA13f7[M 5.337 oNW FZSNW'IIN _ f aoou t}}f} s t kCt C g � gFS 4 ge 3 a 84L16 -'VO ZIVB CNOYM(i "N7 39VMN 905£Z ` 8JN3([]M 5.387 9NOQ SWq 28'lIIN ` i LLL1_i._I—I SbLi6 VO 2IV9 UNOYWIQ 'N1 H'Jd2DYV 9'm ! HJNWHSSH 51331 JNOU SffiY�8'2II1t 117f <..t C RtL16-VO NVB QNONVIQ 'N1 aDVI fl 905EZ 83NWIM S.391 JNOQ SNNI7-dWul. 9111, i 8VL16.'VO UVE1 ONOMq(] 'N7 HrJVSM 90SEZ a MiOyd 7 i� 1� s C RVL16 NO HVR QNOYMU "N7 a9vmw 90;fz <_ 3JN3fnS31I S.337 �NOQ sm 7 -am i No�avna�a auv uo ! 1 1 s 1 s, I I 8bL[6 'NZ 9�Jd1DW 90S£ZM �)WgQN03YV1Q 9.331 JNOU SWq V 2IIN C xou i! �: � 33NMiS'38 Si377 NNW SN11[$"llN[ i < I � 91,L16 NO TIdB QNOWdIQ 'H7 grJdH[YV SfZ 3�N3QIS3T[ 5 831 �NOd S,,mq 90 NOLL A3 AW! � a PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR. CA 91765 - TEL (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER. MEETING DATE REPORT DATE CASE/FILE NUMBER PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS/APPLICANTS: STAFF RECOMMENDATION: r. L December 14, 2004 December 2, 2004 Development Review 2004-37/Minor Variance 2004-07/Tree Permit No. 2004- 11 2108 Rusty Spur Road (Tract 30091, Lot 107) Diamond Bar, CA 91765 Request for approval to construct a three story single-family residence with a four -car garage with two spaces in tandem, covered patio, deck and balconies totaling to approximately 8,000 square feet and retaining walls within the front, side and rear yards varying in height with a maximum exposed height of eight feet. The Minor Variance request is for a 20 percent reduction in the required front yard setback and a 30 percent increase in the allowed height of retaining walls. The Tree Permit is related to the protection of oak trees. Yakob Liawatidewi and Sunmoon Suhaimi 9355 Mesa Verde Drive #E Montclair, CA 91763 Approve Development Review No. 2004-27, Minor Variance No. 2004-07 and Tree Permit No. 2004-07. BACKGROUND. The project site is located at 2108 Rusty Spur Road (Lot 31, Tract No. 23483) within a gated community identified as "The Country Estates". The project site is rectangular shaped and descending in elevation toward the rear (north) and side (east) property lines. According to the tract map, the project site is approximately 1.15 gross acres (50,094 gross square feet). The tract map indicates a flood hazard area within the rear portion of the project site which begins approximately 125 feet from the front property line. The proposed development is not within the flood hazard area. 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 and uses surround the project site: North: R-1, 40,000 (Single Family Residential), Single Family Residence; South: R-1, 40,000 (Single Family Residential), Single Family Residence; East: R-1, 40,000 (Single Family Residential), Single Family Residence; and West: R-1, 40,000 (Single Family Residential), Single Family Residence. ANALYSIS: Development Applications/Review Authority The proposed project consists of three applications, Development Review, Minor Variance and Tree Permit. The Development Review application is an architectural/design review. Development Code Section 22.48.020(a)1 requires Development Review by the City's Planning Commission for residential projects that propose new construction on a vacant parcel. The proposed residential project involves the construction of one single-family dwelling unit on a vacant lot with a total combined gross floor area of approximately 8,000 square feet. The combined gross floor area consists of habitable and non -habitable space (e.g. attached garages, deck, covered patio and balconies. The proposed project meets this criterion. For development within the RR zoning district the required front yard set back is 30 feet. Additionally, the Development Code permits retaining walls with a maximum height of six feet. The applicant is requesting to reduce this required setback by 20 percent and to increase retaining wall heights by 30 percent. Therefore, and pursuant to Development Code Section 22.52, a Minor Variance approval is required for these requests. Development Code Section 22.38 requires a Tree Permit application for the preservation, removal and/or replacement of oak, walnut, sycamore, willow and pepper trees that are eight inches or more in diameter at breast height (DBH) and located on properties of DR 2004-27/TP 2004-07 Page 2 more than one-half acre. The project site is 1.15 gross acres and the applicant is requesting the preservation of eight oak trees. Therefore, a Tree Permit application is required. The Development Review application requires Planning Commission review. Minor Variance and Tree Permit may be approved by Director/staff. However and pursuant to the Development Code, all applications shall be processed simultaneously and reviewed by the highest review authority. In this case, the Planning Commission is the highest review authority. 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. 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 comparison matrix below provides an overview of the proposed project's development standards 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. Development standards for the RR zoning district are applicable to the R-1-20,000 zoning district. Staff believes that the proposed development is in compliance with all provisions except the front vard -qPthark a►,ri Minimum Lot Area 40,000 square feet. 1.15 gross acres (50,094 gross square feet) Yes Residential Density 1 Single -Family Dwelling Unit 1 Single -Family Dwelling Unit Yes Front yard setback 30 feet 24 feet No DR 2004-27/TP 2004-07 Page 3 Side yard setback (each) 10 & 15 feet 30 & 42feet Yes 25 feet 150+ feet Yes Rear setback 35 feet from natural or 35 feet from natural or Yes Building height limit finished grade finished rade g maximum Separation between 25 feet 25 + feet Yes adjacent residential structures Lot coverage 30 % (maximum) 9 percent Yes Install plant material & As required by Chapter stabilize the hillsides; 22.24 (Landscaping); approximately 50 percent Yes Landscaping 50% of front yard shall be of front yard to be landscaped landscaped Retaining Walls (height) 8 ft. (maximum exposed) 8 feet (maximum exposed) No** Parking 2 car garage fully 4 car attached garage with 2 parking spaces in Yes enclosed (minimum) tandem *Minor Variance requested for 20 percent reduction in front yard setback. ""Minor Variance requested for 30 percent increase in wall height. Architectural Features/Floor Plan Layout 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 resiuence to be located among other single-family homes of comparable size. The architectural style, as described by the applicant, is Mediterranean. Architectural features include columns that flank the front, window arrangement and style and roof articulation, which is achieved by changes in the horizontal plane. A variety of building materials in earth tone colors are proposed as follows: Roof Concrete tile, Monier Life Tile — 1 ESSS6300R, Terra Cotta Flash Stucco Behr, texture smooth; P-1 43W Sunshine Yellow Mouldings Concrete Design Inc., precast concrete, GY80 - Yucca DR 2004-27/TP 2004-07 Page 4 Garage door Amarr, steel, Classica Collection Tuscany (carriage house) White Trim Behr, B -9P— Apricot The proposed architectural style and colors are compatible and the proposed residence is consistent in size with other homes surrounding the project site as well as within "The Country Estates". Furthermore, the applicant has obtained the approval of "The Country Estates" Architectural Committee. The proposed residence will have three levels. Exhibit "A" delineates the levels as follows: Lower Level Workshop, 2 storage areas, bathroom, covered patio and dog house Main Level Entry foyer, living room, dinning room, family room, kitchen with nook and pantries, powder room, guest room, bathroom, laundry and craft room, home office, garage and covered deck. Upper Level Master bedroom suite and exercise room/guest bedroom Three bedrooms and an office are proposed with a four car garage attached to the residence that will park four cars with two cars in tandem. The proposed driveway/motor court has the ability to park additional cars. Therefore, staff believes that the parking provided for the proposed residence will be adequate. Grading/Soils/Drainage The conceptual grading and drainage plan indicates that approximately 500 cubic yards of cut and 250 cubic yards of fill are necessary to adequately grade the site and create a buildable pad. 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 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. Retaining Walls Two retaining walls exist within the rear portion of the project site that was part of a development project that was abandoned. One is a concrete block wall that has an exposed height of approximately seven feet. The second wall is a crib wall that has an exposed height of approximately 24 feet. These retaining walls were permitted in 1991. Inspections occurred; however the walls did not receive a final inspection. After reviewing City permits and plans for the walls, the City has concluded that the walls may remain. However, the applicant will be required to have the walls certified by a civil engineer insuring that walls will support the proposed development. The proposed project plans delineates retaining walls within the front, side and side rear yards to support the buildable pad. The retaining walls vary in height with an exposed height not to exceed eight feet. All retaining walls shall be earth tone in color. A series of DR 2004-27/TP 2004-07 Page 5 two retaining walls are located within the front yard setback. Due to the project site's topography which descends from the grade of Rusty Spur Road/edge of pavement, retaining walls are necessary to create the pad for the driveway and front yard. In other words, the front slope will be cut into to provide a driveway area and generally the front yard. The walls vary in exposed height from two to eight feet and will be viewed mainly from the proposed residence because the walls are cutting into the front slope. Minor Variance for Retaining Wall Heights Pursuant to Development Code Section 22.20.040, where a retaining wall protects a cut below the natural grade and is located in the front yard, the retaining wall may have a maximum exposed height of six feet. For walls that exceed six feet in height and are located within the rear yard, the Director may approve a maximum exposed height of eight feet due to varying topography or needed screening. However, the proposed retaining walls are located within the front yard setback. As a result, a Minor Variance approval is required. Development Code Section 22.52.020 states that retaining walls may be allowed an increase of up to eight feet in height depending on topography constraints, and the Director's determination that the wall is needed to implement the approved grading plan/permit for the subject parcel. Due to the grade difference (west -1166.56 to east - 1150.1) between Rusty Spur Road/edge of pavement and the proposed driveway and front yard area, retaining walls are necessary to support the proposed pad area. Minor Variance for Reduction in Front Yard Setback Pursuant to Development Code Section 22.52.020, a decrease, of not more than 20 percent, in the required setback/yard area for structures, landscaping, pools/spas and equipment may be approved by the Director. Development Code Section 22.08.040 requires that a 30 foot front yard setback be maintain in the RR zoning district which is applicable to the proposed project. The applicant is request to reduce the required front yard setback by six feet or 20 percent; thereby maintaining a front yard setback of 24 feet. Due to the site's constraint such as the steepness, grade difference between Rusty Spur Road/edge of pavement and the existing rear yard retaining wall that support the developable pad area, a reduction in the front yard setback is needed. Furthermore, if the proposed residence is setback to the required 30 feet, the front yard retaining walls would need to be higher and the existing rear yard retaining walls would change and the proposed development may encroach into the flood hazard area. Landscapinq 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). A preliminary landscape plan was submitted for the proposed project. It will be required that a final landscape/irrigation plan be submitted to DR 2004-27/7 200407 Page 6 the Planning Division prior to issuance of any City permits. The final landscape plan shall delineate species, size, quantity and location of all proposed plant material to be utilized throughout the site and shall include taller shrubs adjacent to the rear retaining walls to protect the hillside and further create an aesthetically pleasing appearance. All landscaping and irrigation shall be installed prior to the project's final inspection or Certificate of Occupancy. Trees Permit The City's Development Code protects oak, walnut, sycamore, and willow trees and pepper trees where feasible with a trunk diameter of eight inches or greater at breast height (DBH) located on properties of more than one-half acre. The project site is 1.15 gross acres and contains oaks trees eight inches or greater at DBH. Therefore, the tree permit process applies to this project. The applicant submitted an arborist report prepared by California Arborist dated October 19, 2004. The report assessed eight oak trees which are delineated in Exhibit "A" on the site plan and are described as follows: It/Species Location Size Health Action #1 Oak Front yard 24" DBH Good Remain #2 Oak Rear yard/not in construction area 24" DBH Good Remain 43 Oak Rear yard/not in construction area 10" DBH Good Remain #4 Oak Rear yard/not in construction area 10" DBH Good Remain #5 Oak Rear yard/not in construction area 8' DBH Good Remain #6 Oak Rear yard/not in construction area 18" DBH Good Remain 47 Oak Rear yard/not in construction area 36" DBH Good/un-maintained Remain #8 Oak Rear yard/not in construction area 20" DBH Good/un-maintained Remain All trees will remain and will require protection pursuant to Development Code Section 22.30.140. According to the arborist report, oak tree #1 should not be affected by retaining wall construction. The eight oak trees are required to be plotted on the grading plan with the protective chain link fencing for Planning Division review and approval prior to grading plan submittal. Said fencing shall be five feet in height and located five feet outside the trees' dripline. This fencing shall be installed and verified by a City inspector prior to the issuance of any City permits and shall remain until final inspection occurs. 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(a) (new construction of one single-family residence), the City hag determined that this project is Categorically Exempt. DR 2004-27/TP 2004-07 Pag, 7 NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on December 2, 2004. Public hearing notices were mailed to approximately 32 property owners within a 500 -foot radius of the project site on November 29, 2004. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on November 29, 2004. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2004-37, Minor Variance No. 2004-07, Tree Permit No. 2004-11, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: Ann J. Lung, Algiocia�6 Planner Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, elevations, sections, grading plan, landscape plan and colors and materials board dated December 14, 2004; 3. Applications; 4. Covenant and Agreement to Maintain a Single Family Residence; and 5. Aerial. DR 2004-27/TP 2004-07 Pege 8 A. B. PLANNING COMMISSION RESOLUTION NO. 2004 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-37, MINOR VARIANCE NO. 2004-07, TREE PERMIT NO. 2004-11 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE STORY SINGLE-FAMILY RESIDENCE WITH A FOUR -CAR GARAGE WITH TWO SPACES IN TANDEM, COVERED PATIO, DECK AND BALCONIES, TOTALING TO APPROXIMATELY 8,000 SQUARE FEET. THE REQUEST ALSO INCLUDES THE FOLLOWING: A 20 PERCENT REDUCING IN THE FRONT YARD SETBACK; 30 PERCENT INCREASE IN RETAINING WALLS HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF EIGHT FEET; AND THE PROTECTION OF OAK TREES. THE PROJECT SITE IS LOCATED AT 2108 RUSTY SPUR ROAD (LOT 107, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. RECITALS. 0 P_ The property owners/applicants, Yakob Liawatidewi and Sunmoon Suhaimi have filed an application for Development Review No. 2004-37, Minor Variance No. 2004-07, Tree Permit No. 2004-11 and categorical exemption for a property located at 2108 Rusty Spur Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On December 2, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On November 29, 2004, public hearing notices were mailed to approximately 32 property owners within a 500 -foot radius of the project site. Furthermore, on November 29, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On December 14, 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: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 1 2. 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 judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site located at 2108 Rusty Spur Road (Lot 31, Tract No. 23483) within a gated community identified as "The Country Estates". The project site is rectangular shaped and descending in elevation toward the rear (north) and side (east) property lines. According to the tract map, the project site is approximately 1.15 gross acres (50,094 gross square feet). The tract map indicates a flood hazard area within the rear portion of the project site which begins approximately 125 feet from the front property line. The proposed development is not within the flood hazard area. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone surrounds the project site: to the north, - south, east and west is the R-1-40,000 Zone. (e) The Application request is for approval to construct a three story single- family residence with a four -car garage with two spaces in tandem, covered patio, deck and balconies totaling to approximately 8,000 square feet and retaining walls within the front, side and rear yards varying in height with a maximum exposed height of eight feet. The Minor Variance request is for a 20 percent reduction in the required front yard setback and a 30 percent increase in the allowed height of retaining walls. The Tree Permit is related to the protection of oak trees. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing vacant infill lot located in "The County Estates'; planned for residential development and subdivided prior to the City's incorporation. The proposed project as conditioned is consistent with the General Plan adopted on July 25, 1995 in that it will maintain the integrity and not degrade this residential area. Furthermore, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.15 gross acres. The proposed project, as conditioned within this resolution, will maintain the required. height for a residential structure, required side and rear yard setbacks; and required lot coverage. Additionally, through the Minor Variance process, as discussed below in the Minor Variance findings, the proposed project will seek a front yard setback reduction and an increase in retaining wall height due to the project site's constraints. The proposed project is consistent with the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. The proposed architectural style (Mediterranean) and colors (earth tone) are compatible with other residences in the surrounding neighborhood. The proposed residence is consistent in size with other homes surrounding the project site as well as within 'The Country Estates" as a whole. Furthermore, the applicant has obtained the approval of `The Country Estates"Architectural Committee. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As referenced above in Finding (f), the proposed project is a single- _ family residence, consistent with other single family residences - established within "The Country Estates". The project site is large enough to accommodate the proposed project. As such, the proposed residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will remain a single-family residence. Additionally, Rusty Spur Road adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in the application) is Mediterranean. This style is compatible with other residences within Tract No. 30091 and "The Country Estates" due to the eclectic architectural style existing in this area. The applicant has obtained `The Country Estates" homeowners' association architectural committee approval. The proposed color palette is varying shades of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Additionally, prominent architectural features of the proposed residence include columns that flank the front entry, window arrangement and style and roof articulation which is achieved by changes in the horizontal plane. As a result, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20 Development Review Standards, City Design Guidelines and the City's General Plan. There is not an applicable specific plan for the project area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above Findings (f) through (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco and stone accent and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the 4 Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. Minor Variance (1) There are special circumstances applicable to the property(e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's 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 the development standards; Pursuant to Development Code Section 22.52.020, an application for a Minor Variance may be filed and considered in order to: decrease the front yard setback by not more than 20 percent, and increase retaining walls heights up to eight feet depending on topography constraints, and the Director's determination that the wall is needed to implement the approved grading plan/permit for the subject parcel. For the proposed project, the applicant is requesting relief from two development standards. First, the applicant is requesting to reduce the required front yard setback by six feet or 20 percent, thereby maintaining a front yard setback of 24 feet instead of the required 30 feet. Due to the site's constraint such as the steepness, grade difference between Rusty Spur Road/edge of pavement and the existing rear yard retaining wall that support the developable pad area, a reduction in the front yard setback is needed. Furthermore, if the proposed residence is setback to the required 30 feet, the front yard retaining walls would need to be higher and the existing rear yard retaining walls would change (relocated at a higher height) and the proposed development may encroach into the flood hazard area. Secondly, the applicant is requesting to construct a series of two retaining walls to be located within the front yard setback to support the buildable pad. These retaining walls will vary in height vary in exposed height from two to eight feet and will be viewed mainly from the proposed residence because the walls are cutting into the front slope to provide a driveway area and generally the front yard. Due to the project site's topography which descends from the grade of Rusty Spur Road/edge of pavement (west -1166.56 to east -1150.1), retaining walls are necessary to create the pad for the driveway and front yard. Pursuant to Development Code Section 22.20.040, where a retaining wall protects a cut below the natural grade and is located in the front yard, the retaining wall may have a maximum exposed height of six feet. For walls that exceed six feet in height and are located within the rear yard, the Director may approve a maximum exposed height of eight feet due to varying topography or needed screening. However, the proposed retaining walls are located within the front yard setback. As a result, a Minor Variance approval is required. (m) 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 districts and denied to the property owner for which the Minor Variance is sought; As referenced above in Item (I), 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 districts and denied to the property owner for which the Minor Variance is sought due to the constraint of the project site cause by topography as described in Finding (1) above. (n) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan; Due to the constraints of the project site related to the steep topography and existing street grading, a reduction in the front yard setback will assist in minimizing grading, cause fewer retaining walls at lowerheights, cause the preservation of oak trees located on site and will keep development from encroaching into the flood hazard area located within the rear of the subject property. Therefore, granting the Minor Variance will be consistent with the General Plan. The project area does not ` Y have a specific plan. (o). The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not C.j detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (p) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Tree Permit (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (q) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (r) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (s) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (t) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (u). The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as°a public safety hazard; and (w) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards The City's Development Code protects oak, walnut, sycamore, and willow trees and pepper trees where feasible with a trunk diameter of eight inches or greater at breast height (DBH) located on properties of more than one-half acre. The project site is 1.15 gross acres and contains oaks trees eight inches or greater at DBH. Therefore, the tree permit process applies to this project. The applicant submitted an arborist report prepared by California Arborist dated October 19, 2004. The report assessed eight oak trees which are delineated in Exhibit'A"on the site plan and are described as follows: WSpecies Location size Health Action #1 Oak Front yard 24" D8H Good Remain #2 Oak Rear yard(not in construction area 24" DBH Good Remain #3 Oak Rear yard/not in construction area 10" DBH Good Remain #4 Oak Rear yard(not in construction area 10" D8H Good Remain #5 Oak Rear yard/not in construction area 8' DBH Good Remain #6 Oak Rear yard/not in construction area 18" DBH Good Remain #7 Oak Rear yard/not in construction area 36" D8H Good/un-maintained Remain #8 Oak Rear yard/not in construction area 20" DBH Good/un-maintained Remain All trees will remain and will require protection pursuant to Development Code Section 22.30.140. According to the arborist report, oak tree #1 should not be affected by retaining wall construction. The eight oak trees are required to be plotted on the grading plan with the protective chain link fencing for Planning Division review and approval prior to grading plan submittal. Said fencing shall be five feet in height and located five feet outside the trees' dripline. This fencing shall be installed and verified by a City inspector prior to the issuance of any City permits and shall remain until final inspection occurs. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated December 14, 2004, as submitted and approved by the ' Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate species, location, size and quantity of all plant material including taller shrubs adjacent to the rear retaining walls. Prior to final inspection or Certificate of Occupancy, it will be required that all landscaping/irrigation be installed. (d) Prior to grading plan check submittal, the applicant shall submit a revised grading plan that plots all eight oak trees which are to remain. Grading plan shall also delineate the protective fencing five feet in height and located five feet outside the trees' dripline. This fencing shall be installed and verified by a City inspector prior to the issuance of any City permits and shall remain until final inspection occurs. Prior to the issuance of any City Permits, the revised grading plan shall be reviewed and approved by the Planning Division due to the protection of the eight oak trees (e) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (f) Retaining walls shall not exceed an exposed height of eight feet as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from decorative material (i.e, split face, stack stone, etc.). (g) Prior to the issuance of any City permits, the applicant shall have the existing seven foot high concrete block retaining wall and the 24 foot high crib wall located in the rear portion of the project site certified by a civil engineer licensed by the State of California. Said certification shall be presented to the Building and Safety Division for review and approval. (h) Prior to digging the foundation and setting forms, the applicant (at the applicant's expense) shall provide a certified land survey to the City verifying the required setback locations pursuant to the Development Code, Exhibit "A" and as shown in the comparison matrix of the staff report. (i) The residential structure shall not exceed a height of 35 feet from the natural or finished grade. Said height shall include the chimney. At the - rough framing stage, the height of residential structure shall be certified by a licensed engineer approved by the City at the applicant's expense. Q) Building setback from top of slope at the rear of the subject property shall meet Section 18 of the 2001 California Code. (k) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the State of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: 9 (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Retaining walls' elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated; and (5) Flood hazard area. (I) Prior to the issuance of a grading plan and/or any City permits, the applicant shall submit a geotechnical report prepared by a geotechnical engineer, licensed by the State of California for the City's review and approval. The geotechnical report shall include referencing the stability of the retaining walls to withstand pressure of the retained soils. (m) Upon approval of the geotechnical report, the applicant shall submit a grading plan including a hydrology study, prepared by a civil engineer, licensed by the State of California for the City's review and approval. (n) Earthwork calculations shall be submitted concurrently with the grading plan for City review and approval. The grading plan shall be prepared in accordance with the City's requirements for grading plan check. This shall include using the correct title block format for the drawings. (o) An erosion control plan shall be submitted concurrently with the grading plan clearly delineating erosion control measures for the City's review and approval. These measures shall be implemented during construction between October 1 and April 15. (p) Applicant shall obtain a Rough Grade and Fine Grade Certifications by a project soils and civil engineers and shall submit certifications to the Public Works/Engineering and Building and Safety Divisions prior to inspection and placement of concrete foundations or footings (q) Applicant shall provide service connection for water, sewer, electric, gas etc. (r) Slope of the proposed driveway shall not exceed 15 percent and shall - - obtain Fire Department approval. (s) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. (t) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. 10 (u) Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. Best Management Practices (BMP's) are required to be incorporated into the project plans for both construction and post construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP's Fact Sheets can be obtained through the Public Works Division. (v) All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. (w) Prior to the issuance of a building permit, a pre -construction meeting shall be held at the project site with a grading contractor, applicant, and City grading inspector at least 48 hours prior to commencing grading operations. (x) The proposed residence shall comply with the State Energy Conservation Standards. (y) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (z) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. - - (aa) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (bb) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (cc) All balconies shall be designed for a 40 pound per square foot live load and hand rails and guardrails shall be designed for 20 pound load applied laterally at the top of the rail.. 11 (dd) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (ee) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (ff) Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. (gg) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (hh) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (30) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (ii) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 12 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: Yakob Liawatidewi and Sunmoon Suhaimi, 9355 Mesa Verde Drive, #E, Montclair, CA 91763 APPROVED AND ADOPTED THIS 14TH DAYOF DECEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 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 14th day of December 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 13 I - CITY OF DIAMOND BAR P L ZOO - -;OMMUNITY AND DEVELOPMEK FOR CITY USE i I SERVICES DEPARTMENT CASE R, ') 0o y Planning Division DEPOSITS :2.Q~p 21825 E. Copley Drive RECEIPT # Diamond Bar, CA 91765 Phone (909) 839-7030 Fax (909) 861-3117 PLANNER www.CityofDiamondBar.com RECORD OWNER NAME_LIAW4110t;w1, '(RkuB SJ +1f�1N2� S�NMOON (LAST NAME. FIRST) ADDRESS9355 Maq VERDE- Or E CITY MONTC LAIR, zip CA c l +b3 PHONE (3Z5)'7Y-+0- 3-0-1 FAX (4 04 ) b�- 9-443 I ADMINISTRATIVE DEVELOPMENT REVIEW ® DEVELOPMENT REVIEW APPLICATION APPLICANT APPLICANT'S AGENT NAME LIAa1A T z De"WI Yakog NAME 50 HA 2^1, 5JN M0 (LAST NAME. FIRST) (LAST NAME. FIRSTi ADDRESS x%355 Mesa VQrde P2. 1}E ADDRESS CITY MONTCLA I Q CITY zip CA ZIP PHONE (3Z3 910— 3 6 3) PHONE( ) FAX (9o9 ) 625 - Y 7 y 3 FAX ( ) An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is am unt for this 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 the deposit priorapplication toissuanceof he permabof pr If It Is a deposit, the processing costs are esspthannt shall he deposit,any a refund 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.) Consent of Owners: I certif hat I am the own r of the herein -described property and permit the applicant to file this request. SIGNED �/3/ ( ALL RECORD OWNERS) DATE � y Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my k edge. PRINT NAME o LSAwg1spErf1 SuhatoDtl -911Ahuin4 ( APPLICANT OR AGENT) DATE 3h00 PROJECT LOCATION -2109 guv vR �G�- CLo} 10�) �4,0. CA 91 -?65 PRESENT USE OF SITE: Vwcant R�-s; denfi'a l �a� PROPOSED USE: Sim �Q. tGlYli I �eSr�Q✓I(JZ J .. L - d S iJJ0J i 1r: ADMINISTRATIVE REVIEW APPLICATION / DEVELOPMENT REVIEW Complete Burden of Proof pages 3 & 4 LEGAL DESCRIPTION (All ownerships comprising the proposed lot(s)tparcel(s). LD -r 101 7QACT 30091 A?N it oi-000-8-+13-03t-o,o 2108 RUSTY SPUR RD.� P;awono RA2, CR PROJECT SIZE:01Y gross square feet LOT COVERAGE:_ % DENSITY: MAXIMUM HEIGHT: 3 5 NO. OF FLOORS:, 'Z - RESIDENTIAL I UNITS TOTAL UNITS & PARKING TOTAL PARKING beo("wa STUDIO 1 BEDROOM 2 OR MORE BEDROOMS 4 otks GARAGE CAPACITY CARPORTS UNCOVERED PARKING/ STALLS ARCHITECTURAL STYLE: M EDIT TEQq N E/t COMMERCIAL/ INDUSTRIAL GROSS SQUARE FEET NO. OF BUILDINGS PARKING TOTAL STANDARD STALLS HADICAPP STALLS RESIDENTIAL & COMMERCIAL/ INDUSTRIAL LANDSCAPING GROSS SO. FT. 31 00o sq. ft. GRADING: YES ® or NO ❑ IF YES TOTAL QUANTITY: TOTAL CUT: 50 1) yds; TOTAL FILL: Z50 S 3 IMPORT: YES [I or NO IF YES QUANTITY: EXPORT: YES ;I or NO 0 IF YES QUANTITY: 2, SC) ciS RETAINING WALLS MAXIMUM EXPOSED HEIGHT: 1- 2from GENERAL PLAN ZONING HOUSE NUMBERING MAP PREVIOUS CASES i4 CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT Project No. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR 1,,— 1J ; �� C�'(�r declare under penalty of perjury, pursuant to Section 2015.5 of the Code of Civ' rocedure, 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 , / California, ,n this - = day of 200 Signature !J^ �:�^(i i1 Z Print � e DEVELOPMENT REVIEW AND ADMINISTRATIVE DEVELOPMENT REVIEW BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Division/Planning Commission the following facts: (Answers must be detailed and complete. Attach additional sheets of paper if necessary.) 1. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by the Development Code, General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as it neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; and Tdo( G 5, The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on the property values or resale(s) of property) to the properties or improvements in the vicinity. �Signature lic 's V3/oY Date 6 Record Owner Name L.ZA wlf-f1kM YRkog. 'a UTrtlfje fi�,W MOoA) Address 21 0 8 R! City V-i0oT►a ra gap - zip CA 11(-465 Phone � ) X80 - 3,6 31 Fax (!11j 6 S0 - L( :� Y3 CITY OF DIAMOND BAR C bfL sDCy� �? COMMUNITY AND DEVELOPMENT DEPARTMENT Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 Phone (909) 396-5676 Fax (909) 861-3117 e-mail-info@ci.diamond-bar.ca.us VARIANCE APPLICATION MINOR VARIANCE APPLICATION Applicant L-1ptwh-7getil) f#k g (La t n e first) 24 Oi-Kh-- ►al &cQ CA- of 1314 S Phone M ?36 -3631 Case# #1 V AoO ',Pw—� FPL #ZtW 4 c/ Deposit d Receipt # By Date Rec'd FOR CITY USE Applicant's Agent (Last name first) Phone ( ) Fax" b.SD'— y - -Y3 Fax ( ) 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: 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: 1 certify that I am the owner of the,herein-described property and permit the applicant to rile this request. Q Signed Date 10/6 /01/ (All rec�:;d owners) -- Certification: 1, the undersigned, hereby certify under penalty of perjury hat the information heroin provided is correct to the best of my knowledge. Print Name) ACOA Z-IAWAr T:r Signed /014117 (Applicant or Agent) Date y Street location j,/lA'7 Revised 2/11/03 ry -77 (Street) r� CITY OF DIAMOND BAR VARIANCE APPLICATION CONTINUED..." Zoning p_, A., House Numbering Map Project Size (gross acres) r• �5� Previous Cases Present Use of site ` fah+ L-0 1 For Sime- Ttmi (,� i�Qj�a�EaCIZ Loo- 107" v Domestic Water Source 64y Wt+e r Company / District _ Method of Sewage Disposal SWm L-,rv- Sanitation District Grading of Lots by Applicant? Yes)( No ❑ Amount (Show necessary grading design on site plan or tent. map) LEGAL DESCRIPTION (All ownership comprising the proposed lots/project). If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change. Lo+ Ioa 'frac,+ 300 91 AN -31 01- 000- 9:113 - 03 /-0/0 21 08 Rv s S040. R4,0, A� ,q n.orvt &R CA 91 between )'l ih� oc ft, and goCLt �r't/ 'C (Street) (St et) Residential: Total Units Bachelor 1 Bedroom Total Parking Covered Parking Project Site: 15ol 0'T y Sq . . Gross Area 3 Waeoaff 2 Bedroom. & larger Uncovered Parking Number of Lots. Area devoted to: Structure 4, 303 112. Open Space l✓� ��� �f Residential Project IFO/ 01 Y Sq. , and 2 Gross Area Number of Floors o// / ll rr Density: �' !O Maximum Height: �J�✓ No. of Floors: 2 Sq. Footage 7, 3 3 Non-residential: Sq. ft. area Parking: Total Landscaping: J ems Revised 2/11/03 No. of Bldgs. Standard F Occupant Load' Sq. feet 39 DDS_ Handicap . CITY OF DIAMOND BAR VARIANCE APPLICATION CONTINUED... Grading: YES X NO Import: YES Export: YES ❑ Planner Previous Cases: NO NO If yes, Quantity. Cut:: Soo Vol 3 Fill: _ zs-o y d 3 If yes, Quantity: If yes, Quantity: _ 2 SO yd 3 Revised 2/11/03 3 VARIANCE/MNOR VARIANCE BURDEN OF PROOF .In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Division/Planning Commission the following facts: (Answers must be detailed and complete. Attach additional sheets of paper if necessary.) go Q 101 There are special circumstances applicable to the property (e.g., location, shape. size, surroundings, topography. or other conditions,) so that the strict application of the 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 make it obviously impractical to require compliance Granting the Variance/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 Granting the Variance/Minor Variance is consistent with the General Plan and any applicable specific plan; and any Specific plan: and The proposed entitlement would not be detrimental to the public interest, health. safety, convenience, or welfare of the City: and S 0 wi n (rr1oT �„W�'t f� +h 1%af i a n tQ. a(Q I h (e 1' i ...e. oR W /1t_ The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEGA). n /ap pkGA_ Project No. For City Use INITIAL STUDY .QUESTIONNAIRE (?o be completed by applicant. attach additional sheets of paper if necessary) A. General Information. Project Applicant (Owner): YAK06 L I A WP Ti GNE WU Name 2.14 D�� d�re�s � ► �6 s Phone Fax l0 I' 6 2s -Y? y g 1. Action requested and project description: Co 4e1As- a C S. F. ___ eQ/t 5 . r-. R . 2. Street location of ;project:R VS S �) V 3. Legal description of project site: Lv 4 � �} Z I o� �s� � tet, 2 IP•�1 l/r a 4- Present Use of Site: V4 CAn-�-�- 5. Previous use of site or structures: t1 1 Project Representative: Name Address Phone Fax C' 0 r L+71L+71f W Sky, Faml T,(Att 30091 AmAoI-ow—go413-031-010 d %�aQ, 6. Project Description: a. Site size (total area) b. Square footage (covered by structures, paving, etc.) c. Number of floors of construction d. Amount of off-street parking provided e. Landscaping/open space: f. Proposed scheduling: g. Anticipated incremental development: 2 Z pt V �ejf. 3, Doc) sy• f�: Q 0 ZOO S bt(Jd 'OJ A°-4,ftle IA"_ It. If residential, include the number of units, schedule of unit sizes (range of sale prices or rents and type of household size expected): 1 s. F. 12 , _ W/14 oCr_VO;•Qd 6 cWr ie... 2 occvrant T 1. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area an loading facilities: n la i. If industrial, indicate type and loading facilities: n lcAl 1. If institutional, indicate the major function, esti/mated occupancy and loading facilities: v7 (� M. .If the project involves a Variance, Conditional Use Permit, Zone Change, General Plan Amendment, or Development Review application, state this and indicate clearly why the application(s) is required: P? A, r f 2 7. , Please list all revious cases (if any) related to this project: h �Gt 8. List related permits)/approval(s) required. Specify type and granting agency: CI t Y Qnp A. 0. Vd 0.2 9 Are future phases planned for this project: Yes No V If yes, explain: 10. Present zoning: sl*VIMA fkw r IH. kuAL�kCJL V V 11. General Plan Land Use Designation: S//�I�Q Fyyl�w FfGStl�CQ 12. Water and sewer service: Domestic Water Public Sewer Does service exist at site? Yes No 1f yes, do surveyors have Yes No capacity to meet demand of project and all other approved projects? Yes ✓ No Yes No If domestic water or public sewers are not available, how will these services be provided? 13. Residential Projects: a. Number and type of units: b. Floor area of each unit: c. Number of floors e. Housing market targeted (demographic profile): f. Sales price/rent- 9. rice/rentg. Describe proposed amenities: h. Minimum net lot size: i. Maximum net lot size. j• Average net lot size: 30 3 Z 2 Owner oGc �p;Qol nor S. F.R. 3 ACAes 1 AcR� k. Schools: ♦ School district serving the project? ♦ Are existing school facilities adequate to met project needs? ♦ If not, what provisions will be made for additional classrooms? W4I14 ��lool Pi*� C� Yes No 14. Non-residential projects (commercial, industrial, and institutional): h l0. a. Distance to nearest residential use or sensitive use (school, hospital, etc.): b. Number and floor area of buildings: c. Number of employees and shifts: d. Maximum number employees per shift: e. Operating hours: f. Communitv benefit derived from the projectyl/0. g. Identify any end products, waste products and means of disposal: Y1t/C".. h. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radio active materials" Yes No ✓ If yes, explain in detail: 4 • i. Do your operations require any pressurized tanks? yes _ No _✓ If ves, explain in detail: j. Identifv an), flammable, reactive or explosive material to be located on-site: nA, k. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? Yes No ✓ If yes, explain in detail: 15. Associated projects: 16. Describe public or private utility easements, utility lines, structures or other facilities that exist on or below the surface of the project site: I eweR � e&A164 17. Describe ani• change in the appearance of the site resulting from the project as proposed: CuQa�,w�l!, Is Va-artj Lof 18. Describe how the proposed project will fit into its surroundings (i.e., Will the project blend into the existing neighborhood'' Hoo "ill it relate to the size, scale, style and character of the existing surrounding development? ): 5 B. Environmental Information 1. Environmental setting of the project site: /� a. Existing use and structures:A A,6 A' a I b. Topographyislopes: C. Animals: n �a d. Vegetation: _ AV6,,f+c.e2- e. Water course: h/, f. Cultural/historical resources: V110- 9. Other: _ 2. Environmen,:' getting surrounding the project site: LL r a. Existing uses/structures (types, densities, etc.): b. Topography/slopes: t I C. Animals: 6 d. Vegetation: �1AiTLt� dltiO►� e. Watercourses: h (a f. Cultural/historical resources: h ( C., g. Other: 3. Are there any major trees on site, including oak, walnut, sycamore naturalized California pepper and arrovo willow., Yes V No If yes, explain in detail (size, quantity, location, condition, etc.): l 00 k 4PP_ft__ Jo.,._ & 4. Will the project require grading: Yes ✓ No If Yes, how many cubic vards of cut 5w 3 and fill 2.5 3 5. Will earthv,,,r:: be balanced on site? Yes ✓ No If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property including uncompacted fill? Yes No V If yes, explain in detail: 7 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? Yes No If yes. explain in detail: Distance to the nearest fire station: 8. Existing noise sources at the site: h/Q Noise or vibration to be generated by the project: t')Of (,onSJ-PwA�j �l 9. Fumes/odors to be generated by the project and toxicity? NIA_ 10. Dust, ash, or smoke to be generated by the project? 0Oj*VK� Gn ftk�lA1 azVt ]I. "'hat energy -conserving designs or material will be used? ftrwck Cons-O►tCXal ('IO 12. Describe any alteration of the existing drainage patterns or potential for changes in surface or ground water quality or quantity (i.e., Will the flow of any permanent or intermittent surface or subsurface water change as a ,c_ alt of this project' If so, explain how. Will there be any injection wells, septic systems, _ or other facilities that y affect surface or subsurface water quality?): 0 7OL , I3. Describe any residential construction proposed on filled land: (i.e.) n !� Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability. and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: (3 / �D Signature: For: w II �11u`jllt'�>� Btiii TREE PRESERVATION --• [ ) The subject property is '/2 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. [jC] The subject property contains one or more coast live oak, california black walnut, california sycamore, arroyo willow, or pepper trees. The applicant anticipates that no activity (grading and/or con- struction) will take place within five (5) feet of the outer dripline of any coast live oak, california black walnut, california sycamore, arroyo willow, or pepper tree. [ ] The subject property contains one or more coast live oak, california black walnut, california sycamore, arroyo willow, or pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any coast live oak, california black walnut, california sycamore, arroyo willow, or pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. YAkd L ZAW AT:r EW -f. q /3 /zoo Y p!irant's Signature) (Date) -- - 8 RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive, Diamond Bar, CA 91765 Space Above Line For Recorder's Use COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE Development Review No. 2004-37/Minor Variance No 2004-07/ Tree Permit No. 2004-11 The undersigned hereby certify that Yakob Liawatidewi and Sunmoon Suhaimi are the owner(s) of the hereinafter described real property located at _2.108 Rusty Spur Road in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 107 Tract Map No. 30091 Assessor's Book and Parcel Number 8713-031-010 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used/maintained for single family residential purposes only. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. By By DATED: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of , 2004 before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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W OO * * _Ja:QV) V O OAN V V V V D 0A` 77 0 D T C- D 3: to r r Cl) Cl) C cn to V o N W N O D O Z m j o N cn T W w oo OD O o � K 000 C) O T. _m 0 co 0 m D O 07 D Z 2- z C K m z Z Z 0 0 _ �D� o o mC o � n O o r=m � 9 �� rn 0 z O > m W m "i > > �0 � � =i o 0 o W m • z Q, > 0 D-0 m D -D Dro mD-0 y-0 m0 N L> On ��r -fir Di -0 -V -�� -i�r C �_r ?n z0 z0 m z0 z0 03Z0 Z0 z A Oz Oz U) 0z �Oz Oz Oz co O� O� Z O� O� O -A 0--1 OT _ N �7Z n �Z XZ m�Z �Z �< �n 117z > 0 '>0 > 0 0� 00 WDO DD on O -< O -n 0 T Z r OD A 50 60 �0 50 OZO mv- 00 -{0 mW ZO T ZO T ZO T T mZ0 T z00 T 0- N� �z Dz Dz Dz DZ Cp 0 0Dz -0zo 00 cn A z z 2C) 2 zC) -•T CD d OO OO 00 00 X00 00 A�01 C yA _ ;i7 Dm Dm :t7 Dm .Z7 Dm X Dm X Dm O D N. -n z (i on -i -i -j -j � - -1 -i - � m Om Om Om Om Om Om Z> Z> Z> Z> Z> Z Z_0 z m m— < m n Ln -pal -DI > -Di > O z O z O z O z r0 Zz O z m n 0 v n O c z 90 0n r� u _0 mD zK ZO �z m0 m=q on/\ Co � m@c Em �§ &m omcn z o §�> > §B J� ACL 0� /\ \\ �k 3 t- R ( o o $ m $ $ q k> @n ( (4pjN E E R CD A. E $ d # > \ A 7 -V I A XE / t _/(0 \ X E < 5 o 2 e @ m = > r r i � 3 X ) \ ¢ 9 2 m ƒ [ _ / r / E n 0 >0 a� /-0 ¥� ;o/- R § , g� t d\ 0> q 0> - mZ -nZ ® -nZ ■ >0 >0 >0 g _¥ Rm _w ¥ 2� 27 \0 /0 /0 §k >i Ik r2 rE r2 « £ 0� /\ /� S km km ®® >M ® kmkm km 0 - _0 T - E 3 0 i \ k k , k COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION LETTER OF TRANSMITTAL To: Yakob Liawatidewi and From: Stella Marquez, Administrative Assistant Sunmoon Suhaimi Planning Division 9355 Mesa Verde Drive #E Montclair, CA 91763 SUBJECT: 2108 Rusty Spur Road - Development Review No. 2004-37 DATE: December 10, 2004 You have received or will receive shortly an Express Mail package containing your project's staff report and draft resolution. In error, we attached the incorrect resolution to that staff report. You will find attached to this mailing the correct Draft Resolution regarding your project. All other documents contained in the first Express Mail packet are correct. We apologize for the mix-up and any inconvenience this may have caused you. If you have any questions, please call us at (909) 839-7030 or Ann Lungu at (909) 839-7032. Thank you. Attachment CITY OF DIAMOND BAR r1_ 21825 Copley Drive Diamond Bar, CA 91765 CT Y OF Phone: (909) 839-7030 DIAMOND BAR Fax: (909) 861-3117 COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION LETTER OF TRANSMITTAL To: Yakob Liawatidewi and From: Stella Marquez, Administrative Assistant Sunmoon Suhaimi Planning Division 9355 Mesa Verde Drive #E Montclair, CA 91763 SUBJECT: 2108 Rusty Spur Road - Development Review No. 2004-37 DATE: December 10, 2004 You have received or will receive shortly an Express Mail package containing your project's staff report and draft resolution. In error, we attached the incorrect resolution to that staff report. You will find attached to this mailing the correct Draft Resolution regarding your project. All other documents contained in the first Express Mail packet are correct. We apologize for the mix-up and any inconvenience this may have caused you. If you have any questions, please call us at (909) 839-7030 or Ann Lungu at (909) 839-7032. Thank you. Attachment L J I L IJ11VIIwIIIIINII�IIIIIIIIIIIN ,11� 1111 lllllllllllll a,„A�RE=S EV PO ZIP CodeD:,y of Delivery Float Rate Envelope rl,U A ❑PM Ni._ Ernployee Sigl:ature II�� F-1Nl— Es --d El Date In E AM ❑ PM i Customer Copy Mo. Day Year I IIIIiII III ililll IIIII IIIII IIIII IIIII IIIII Ilii) IIIII I Int'( Alpha Country Code II Illillllllllillllllll --f EXPRESS Label 11_F June 2002 �MIL EV 498073969 US UNITEDSTATESPOSTAL SERVICE,e Post OfficeTo Addressee ry I;fE R;.r. ,-flyelOpT ..:II`:1 r lrYUtnl_t I r:l. �'.ry, j f4t. I ..rt 'v.. I � L J riot.. ' 00101,11-i At . opt Fw9 fi... tit __ 1 IGvy I ' n 1 M Pb1 �j - - _ :[ WAIVER OF SIG NATOgE (Dornesf O ly) Add tl nal merchandW mauron r of signature Is requested. h d I' to he glade wthout obta ri ng si naturelofd addms— or atldressee g agent (If de ive - --- ,rel r slag. A ^sa., ry am ploye ages that article can be lafl in secure location) and I authonEe that del'very employee's sig [ e constitutes veftl proof of delivery. ti3akanrl H11idau NO DELIVERY weekend �Hollday �.. _ 1 METHOD OF PAYMENT. 1 Customer Signaluni i Express Mail Corporate ACR N. Fade�zi Agency Acct No. or Postal Service Acrt. No. FROM: (PLEASE PRINT) PHONE 1 ) TO: (PLEASE PRINT) r PHONE (- 1 I r 'TT L J I L IJ11VIIwIIIIINII�IIIIIIIIIIIN ,11� 1111 lllllllllllll a,„A�RE=S EV PO ZIP CodeD:,y of Delivery Float Rate Envelope rl,U A ❑PM Ni._ Ernployee Sigl:ature II�� F-1Nl— Es --d El Date In E AM ❑ PM i P taq. Mo. Day Year I-� L� 12 No. ❑ ! PM TTiirine In Return Receipt Fee rr'' J AM a PM IrMilitary a 2nd Do, ❑ Jrd Oay Weight I Int'( Alpha Country Code ( COD Fee I insurance-ee No Delivery Acceptance Clerk Initials Total Postage A Fees ❑waaeaed L7 rlelieav S Kpreas Mail Corporate Acct. No FROM: (PLEASE PRINT) PHONE r J Customer Copy Label 11-F June 2002 Post OfficeToAddressee Delivery Attemot Time Employer. Signature Mo. Day Delivery Atl..pt rl,U A ❑PM Ni._ Ernployee Sigl:ature Mo. Day Oxlhrety Date IT-i�me lJ AM ❑ PM Tirne Employre .iyr�ature Mo. Dav E AM ❑ PM i 1 U WAVER OF fSIONATURE (D—ti. Onfy) AEdldonal mwehandW Inaurenw Is void N WNver of alit"turo N requeatad.. I wimh dellvery to be mude without obtainingslonet...1 addreea mi or addreeii's agent 61 dalivmyemploy" (ud9ea that ardcle can b. len in seclxe location) and I authorize that d6l-r, ona,111 , -4110-1conatihnee -1. or.& of daevery:. . NO DELIVERY Wealmnd0 Hodday, I Owtomw Slgnawat Fed—, Ager,ry Acct Mu.:x Poafal $ar�icn Acr,;. N. TO: (PLEASE PRINT) PHONE L J I L J Customer Copy IIIIIII III II III VIII VIII VIII VIII VIII VIII VIII VIII IIII II VIII EXPRESS Label 11-F June 2002 II IIII EV 371889279 US MAIL UNITED STATES POSTAL SERVICE,.) Post OfficeTo Addressee :'O ZIP Codc !Jay of Delivery i Flat Rare Envelcpe Delivery Attempt Time !�mployoe :;'�gnature --------- LI—I^Next �JSar:ero ❑_ --_--_" Postage i I no. Day a,n i�_ - M .... LOvery Attempt Tirre —_-- Fagnature$ Date In ___ Da1r__ .141 I P,q— vlTim21n Time MAit A=turnR c ipt'Naeivery Daxe _mplrryee. Signature ----- El aM j71 PM LC' 2nd oav iJ nrd oar _ M�-cTg... _Da Ll PM - Inti Alpha Country Code COD F+ae Insurance Fee Ibs. ozs. ' lI- _ Total Postage 3 ees 1— WMYEROFSIONATURE(Domeetk Only)AddltNmelmemhandiw Ineurensei voidN 'waiver of aignetun le roqueeted.l whh delivery: to be metle without obtalnlnp sipnetbre of � � atldrenaes or etltlraoaee`eagent (if deiNery employee ledges that article can 6a lett In secure ---� ideation) antl 1 authorizethet tlalivery employee's elpnature conetltute� veHdpmol of tlslWery. _ ____ No dielivaN Acceptance Clerk tials I� ee Ll wkend n Hol,d,y $ I NO DELIVERY(].Waemd 0Nouday u e e 0.w— SlOuture dETHOD OF PAYMENT: aUrBaa Mall Cdrpaate ACCs No - Federal Agercy Acc[. Vn. cr Postal Sarnca Acct NU. FROM: (PLEASE PRINT) PHONE ( I TO: (PLEASE PRINT) r PHONE ( I r Copy IIII)IIIIIIIIIIIICustomer IIIIIIIIIIIIIIIIiillllilllilllllllllililIIIIIIIIIIIIIIIIII ,�XPRkS �M��L EV 498073941 US UNI SWESPOSTAL SERVICE::, Post Office"Fo Addressee III All Dat. 7ro� — [it Alpha ouotry ­1W--V-'I SIONAIUnloom 1 A,.11tonel merchandise Insurance I. I -id fs of signature Is requested. I ta, delivery to be mad, wIthout obtaining signature of -d—... or d ( a agent f delivery MPI -Y-. judges that article .- be left 'n seccre bcation) ed. q0fida' ­ A.oJ:,o— God� I Twal P�'v'q' I and I aurth-i- mvtt illa delivery antulOYea's signature const lutes valid Proof of dii NO DELIVERY Holida, METTH.. OF PAYMENT: Customer Ig neWre EXOMI Mail Cool Acct. No F.d.1.1 Agency Acct. No or �.aaj service FROW(PLEASE PRIffn (P PHONE TO: (PLEASE PRINT) r PHONE r IIIlillllllllllllilllllljjjj�CUSto"bel IIIIIIIIIIIIIillllllil-, Cop, IIIIEV EXPRESS 11-F 498073955 US • . -_'.• E ` UN/TEDSTdTES POSTAL SERV/cEo PostOffic Office i, .'IP r:o s. �,y „l n �7sprwj n�ras�G�i.Liwv'iwNJ4.r: To Addressee y -.. ( 3 rpt �' � _. ✓ I Gill__ Ci Ihe�ghr r1 r �• _.___ lIF 1 t / Yo ACL A �.,,asee =WANER l^VU U,livery - —.—fir, I �au.e OF RE (�I th J r ,ta T•'lal e l f"'?l�;ts d01 ogadtlrelCNArq el 'to matleer h ndl rants is vota if iocatlon) and 1 authorize rhatdel ve delivery employee w thorn obtaining sgnn tierce ole ludgee that articl0 V �ragen.1 L� 4I�I..I,. METHOD a OF PAVMENT� ry employee s signature NO DELIVERY0 weehend 0 Holiday can ba left const totes valid proof of delve E pess Man Gc�7iorate Acct. No. Customer Signature FROM: (PLEASE PRINT) Federal p9ency ACCt No. or 0..tal Spvba A -t Nc. I- PHONE ( i To: IPLEASE PRINT) 1 r PHONE �Z i L - . L. J CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On December 14, 2004, at 7:00 P.M., the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District/Government Center Building Hearing Board Room, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On December 10, 2004,1 posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on December 14, 2004, at the following locations: South Coast Quality Management Heritage Park District Auditorium 2900 Brea Canyon Road 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on December 10, 2004, at Diamond Bar, California. Stella Marquez Community and 44ment Services Department g:`daffidavitposting. doc