HomeMy WebLinkAbout09/13/2005
Next Resolution No. 2005-32
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday,September 13, 2005
AGENDA
CALL TO ORDER:
7:00 p.m.
PLEDGE OF ALLEGIANCE:
1.ROLL CALL:
COMMISSIONERS:ChairmanJoe McManus,Vice-Chairperson
Ruth M. Low, Dan Nolan, Tony Torng,Steve Tye
2.
2.1
PRESENTATION OF CITY TILE TO PLANNING COMMISSION SECRETARY,
JAMES DESTEFANO.
2.2
PRESENTATION OF CITY TILE TO OUTGOING PLANNING
COMMISSIONER STEVE TYE.
3.MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non-agenda items.Please complete a
Speaker's Card for the recording Secretary (Completion of this form is voluntary.)
There is a five-minute maximum time limit when addressing the Planning Commission.
* * * * * * * *
4.APPROVAL OF AGENDA:
Chairman
5.CONSENT CALENDAR:
The following items listed on the consent calendarare considered routine and are
approved by a single motion. Consent calendar items may be removed from the
agenda by request of the Commission only:
5.1Minutes of Regular Meeting:
August 23, 2005.
6.OLDBUSINESS:
None.
7.NEW BUSINESS:
7.1Planning Commission Policy and Procedures Manual -
Review and
Discussion,
_________________________________________________________________________________________
SEPTEMBER 13, 2005PAGE2PLANNING COMMISSION
_________________________________________________________________________________________
Recommendation:
Planning Commission to direct staff how to proceed.
8.PUBLIC HEARING(S):
8.1Development Review 2005-26
Pursuant to Chapter 22.48 of the City of
Diamond Bar Development Code the applicant has requested approval of plans
to construct an approximate 1,159square foot first and second floor addition to
an existing 1,417 square foot one-story single-family dwelling on an existing
.020 acre R-1 8,000 zoned parcelwith a consistent underlying General Plan
Land Use designation of Low Medium Density Residential (RLM).
Project Address:
24347 Claywood Drive (Tract 42583, Lot 36; APN 8281-
041-051)
Property Owner:
Christopher and Debra Perrin
24347 Claywood Drive
Diamond Bar, CA 91765
Applicant:
Pro Builder/Kenn Coble
449 W. Allen Avenue, Suite 109
San Dimas, CA 91773
Environmental Determination:
This project has been reviewed for
compliance with the California Environmental Quality Act (CEQA). Based on
that assessment, the City has determined the project to be Categorically
Exempt under Article 19 Section 15303 Class 3 (a) (New Construction or
Conversion of Small Structure) of the State CEQA Guidelines. No further
environmental assessment is necessary.
Recommendation:
Staff recommends that the Planning Commission approve
Development Review 2005-26, Findings of Fact, and conditions of approval as
listed within the draft resolution.
9.PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS:
10.STAFF COMMENTS/INFORMATIONAL ITEMS:
10.1Public Hearing dates for future projects.
11.SCHEDULE OF FUTURE EVENTS:
PARKS AND RECREATIONThursday,September 22, 2005 - 7:00 p.m.
COMMISSION MEETING:SCAQMD/Government Center
_________________________________________________________________________________________
SEPTEMBER 13, 2005PAGE3PLANNING COMMISSION
_________________________________________________________________________________________
Hearing Board Room, 21865 Copley Drive
CITY COUNCIL MEETING:Tuesday,September20, 2005 - 6:30 p.m.
SCAQMD/Government Center - Auditorium
21865 Copley Drive
TRAFFIC AND Thursday,October 13, 2005 - 7:00 p.m.
TRANSPORTATIONSCAQMD/Government Center
COMMISSION MEETING:Hearing Board Room - 21865 Copley Drive
PLANNING COMMISSIONTuesday,September 27, 2005 - 7:00 p.m.
MEETING:SCAQMD/Government Center - Auditorium
21865 Copley Drive
12.ADJOURNMENT:
South Coast Air Quality Management District
Government Center Building - Auditorium
21865 Copley Drive
Diamond Bar, CA
Chairman
Vice Chairman
MTM -
Ruth M. Low
Dan Nolan
Tony Torng
Steve Tye I
Copies of staff reports or other written documentation relating to agenda items are on
file in the Planning Division of the Dept. of Community & Development Services, located at
21825 Copley Drive, and are available for public inspection. if you have questions regarding
an agenda item, please call (909) 839-7030 during regular business hours.
In an effort to comply with the requirements of Title 11 of the Americans with
Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any
type of special equipment, assistance or accommodation (s) in order to communicate at a
City public meeting must inform the Department of Community & Development Services at
(909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
The City of Diamond Bar uses recyclea paper
Please refrain from smoking, eating or and encourages you to do the same
drinking in the Auditorium
City of Diamond Bar
Planning Commission
PUBLIC INPUT
The meetings of the Diamond Bar Planning Commission are open to the public. A member of the
public may address the Commission on the subject of one or more agenda items and/or other items of
which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request
to address the Commission should be submitted in writing at the public hearing, to the Secretary of the
Commission.
As a general rule, the opportunity for public comments will take place at the discretion of the Chair.
However, in order to facilitate the meeting, persons who are interested parties for an item may be
requested to give their presentation at the time the item.is called on the calendar. The Chair may limit
individual public input to five minutes on any item; or the Chair may limit the total amount of time
allocated for public testimony based on the number of people requesting to speak and the business of
the Commission.
Individuals are requested to conduct themselves in a professional and businesslike manner.
Comments and questions are welcome so that all points of view are considered prior to the
Commission making recommendations to the staff and City Council.
In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be
posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject
matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission
may act. on item that is not on the posted agenda.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of
the Community and Development Services Department. Agendas are available 72 hours prior to the
meeting at City Hall and the public library, and may be accessed by personal computer at the number
below.
Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are
available for a nominal charge.
ADA REQUIREMENTS
A cordless microphone is available for those persons with mobility impairments who cannot access the
public speaking area. The service of the cordless microphone and sign language interpreter services
are available by giving notice at least three business days in advance of the meeting. Please
telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m.
and 4:30 p.m., Friday.
Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030
General Agendas (909) 839-7030
email: infoCa)-ci.diamond-bar.ca.us
Next Resolution No. 2006-32
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, September 13, 2005 AGENDA
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Joe McManus, Vice -Chairperson
Ruth* M. Low, Dan Nolan, Tony Torng, Steve Tye
2.
2.1 PRESENTATION OF CITY TILE TO PLANNING COMMISSION SECRETARY,
JAMES DESTEFANO.
2.2 PRESENTATION OF CITY TILE TO OUTGOING PLANNING COMMISSIONER
STEVE TYE.
3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public *to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non -agenda items. Please complete a
Speaker's Card for the recording Secretary (Completion of this form is voluntary.)
There is a five-minute maximum time limit when addressing the Planning Commission.
4. APPROVAL OF AGENDA: Chairman
5. 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:
5.1 Minutes of Regular Meeting: August 23, 2005.
6. OLD BUSINESS: None.
7. NEW BUSINESS:
7.1 Planning Commission Policy and Procedures Manual - Review and
Discussion,
Recommendation: Planning Commission to direct staff how to proceed.
SEPTEMBER 13, 2005
.1
D1
"I
W
PUBLIC HEARING(S):
PAGE 2 PLANNING COMMISSION
8.1 Development Review 2005-26, Pursuant to Chapter 22.48 of the City of
Diamond Bar Development Code the applicant has requested approval of plans
to construct an approximate 1,159 square foot first and second floor addition to
an existing 1,417 square foot one-story single-family dwelling on an existing
.020 acre R-1 8,000 zoned parcel with a consistent underlying General Plan
Land Use designation of Low Medium Density Residential (RLM).
Project Address: 24347 Claywood Drive (Tract 42583, Lot 36; APN 8281-
041-051)
Property Owner: Christopher and Debra Perrin
24347 Claywood Drive
Diamond Bar, CA 91765
Applicant: Pro Builder/Kenn Coble
449 W. Allen Avenue, Suite 109
San Dimas, CA 91773
Environmental Determination: This project has been reviewed for
compliance with the California Environmental Quality Act (CEQA). Based on
that assessment, the City has determined the project to be Categorically
Exempt under Article 19 Section 15303 Class 3 (a) (New Construction or
Conversion of Small Structure) of the State CEQA Guidelines. No further
environmental assessment is necessary.
Recommendation: Staff recommends that the Planning Commission approve
Development Review 2005-26, Findings of Fact, and conditions of approval as
listed within the draft resolution.
PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
STAFF COMMENTS / INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
SCHEDULE OF FUTURE EVENTS:
PARKS AND RECREATION Thursday, September 22, 2005 - 7:00 p.m.
COMMISSION MEETING: SCAQMD/Government Center,
Hearing Board Room, 21865 Copley Drive
SEPTEMBER 13, 2005
PAGE 3 PLANNING COMMISSION
CITY COUNCIL MEETING: TueidMi, %ptember 20, 2005 - 6:30 p.m.
SCAQMD/Government Center - Auditorium
21865 Copley Drive
TRAFFIC AND
TRANSPORTATION
COMMISSION MEETING:
PLANNING COMMISSION
MEETING:
Ii U V if 4 1 A i
Thursday, October 13, 2005 - 7:00 p.m.
SCAQMD/Government Center
Hearing Board Room - 21865 Copley Drive
Tuesday, September 27, 2005 - 7:00 p.m.
SCAQMD/Government Center - Auditorium
21865 Copley Drive
File
-,{r iiape •
2 and is •.
canEino
M I INUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 23, 2005
Chairman McManus called the meeting to order at 7:06 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 Low led the Pledge of Allegiance.
1. ROLL CALL:
3.
El
5.
6.
Present: Chairman Joe McManus, Vice Chairperson Ruth Low,
and commissioners, Dan Nolan, Tony Torng and Steve Tye.
Also present: Ann Lungu, Associate Planner and Stella Marquez,
Senior Administrative Assistant.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
APPROVAL OF AGENDA: As Presented.
CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of July 112, 2005.
VC/Low moved, C/Torng seconded to approve the Regular Meeting Minutes for July
12, 2005 as presented. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
OLD BUSINESS: None
NEW BUSINESS- None
VC/Low, Torng, Tye, Chair/McManus
None
Nolan
None
AUGUST 23, 2005
7. PUBLIC HEARING(S):
DRAFT
PAGE 2 PLANNING COMMISSION
7.1 VARIANCE NO. 2005-02: In accordance with Code Section 22.54 this was a
request to construct two retaining walls with a maximum exposed height of 10 feet
and 10 feet two inches within the rear yard. The purpose of the retaining was to
repair a slope failure and hold the slope in place.
PROXECT ADDRESS:
M 0 1Fil W Sul M IMAI Oki
23929 Ridgeline Road
Diamond Bar, CA 91765
Edward Layton
23929 Ridgeline Road
Diamond Bar, CA 91765
AssocP/Lungu presented staffs report and recommended that the Planning
Commission approve Variance No. 2005-02, Findings of Fact and conditions of
approval as listed within the draft resolution.
VC/Low asked where the walls would be placed within the property and where the
slopes were located in relationship to the perimeter of the property. AssocP/Lungu
used an aerial map to respond to VC/Low. VC/Low asked if any trees would be
impacted as a result of the walls. AssocP/Lungu responded that a Walnut tree was
destroyed because of excessive mud. However, n this instance the property owner
was exempted pursuant to the Development Code Standards for loss of that tree.
There are other trees on the slope that Mr. Layton planted and to her knowledge
there were no protected trees in the immediate area.
C/Tye said that in his opinion the aerial photo was so old that it did not reflect the
current conditions. Having visited the site today he witnessed that the slide had
destroyed all vegetation down to bare stem and it did not appear that any trees
would be impacted where the property owner planned to construct the walls. He
said that it was obvious to him that the two geogrids would be landscaped
C/Torng felt that a 10 foot wall was very tall and wondered if the thickness would be
increased to adjust to the height of the wall. He wanted to know the details of the
landscape plan. AssocP/Lungu stated that staff brought this matter to the Planning
Commission as quickly as possible for action because of the urgency of the
situation. As it has been done in the past, staff conditioned the resolution for the
applicant to submit landscape/irrigation plans and called for the use of plant material
that would help stabilize the slope to an even greater extent. Before permits are
issued the property owner is required to submit the landscape plan for staffs review
AUGUST 23, 2005 PAGE 3 PLANNING COMMISSION
and approval. With respect to the 10 foot wall, the soils report is being reviewed. Mr.
Layton received comments and with approval of the soils report the walls would be
structurally plan checked by the city's Building and Safety division. In addition, there
will be inspections, grading permits, and a grading plan that must be approved prior
to construction.
Edward Layton, property owner, responded to C/Torng that this was a geogrid
system and as such the wall outside of height and crushing weight of block on top of
block had nothing to do with holding the dirt back. The wall was intended only to
keep it from unraveling with water flowing over it. The geogrid that goes down into
the soil on two -foot levels is what holds the fill in place and there are three different
qualities of rock that are used in the fill. Mr. Layton said that what matters is not the
thickness of the wall but how it goes back into the geogrid.
Mr. Layton responded to C/Nolan that this was the first time in 25 years of living at
the property that he has had this type of a problem.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus closed the
public hearing.
C/Nolan moved, C/Tye seconded to approve Variance No. 2005-02, Findings of
Fact, and conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Nolan, Tye, Torng, VC/Low,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSION COMMENTSIINFORMATION ITEMS:
C/Torng said his friends who live in the 91789 zip code area are very pleased about
being incorporated into the City of Diamond Bar and zip code 91765.
C/Nolan said it was good to be back in the flow of things and looked forward to the
Commission having a productive Fall.
C/Tye asked what was occurring with the Chary Dagarn project on 22604 Ridgeline.
AssocP/Lungu responded that the applicant had been allowed to work on certain
D T
AUGUST 23, 2005 PAGE 4 PLANNING COMMISSION
area of the
residence that were not affected by items staff would be bringing back to
the Commission for further consideration. Staff is waiting for the applicant to provide
the City with sets of plans that reflect the actual setbacks as the property was
surveyed, payment of additional fees, and a grading and site plan that match each
other. C/Tye asked if the increased front yard setback caused the project to
encroach on an area in the rear. AssocP/Lungu responded that in the basement
area store rooms were added that were not included in the plans and it added about
1200 square feet to the size of the house. The rear yard setback might encroach
further into the rear area but she would have -to check it to make sure. A land
surveyor surveyed the height because it appeared the elevations had changed from
what was shown on the grading plan. However, the survey indicated that the height
does not exceed the 35 feet from the natural or finished grade for the entire
perimeter of the house.
9. STAFF COMMENTS/INFORMATION ITEMS:
9.1 Public Hearing dates for future projects.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/McManus adjourned the meeting at 7:30 p.m.
Respectfully Submitted,
James DeStefano, Assistant City Manager
Attest:
Joe McManus, Chairman
21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com
AGENDA ITEM NUMBER: 8.1
MEETING DATE: September 13, 2005
REPORT DATE-: September 6, 2005
CASE/FILE NUMBER- Development Review No. 2005-26
PROJECT LOCATION: 24347 Claywood Drive (APN: 8281-041-051, Lot 36,
Tract 42583)
APPLICATION REQUEST: A Development Review to construct an approximate
1, 159 square foot first and second floor addition to an
existing 1,417 square foot one-story single-family
house to total approximately 2,630 square feet of
habitable space. The project also proposes to maintain
the attached two -car garage and two covered patios.
PROPERTY OWNERS: Christopher and Debra Perrin, 24347 Claywood Drive,
Diamond Bar, CA 91765
APPLICANT: Pro Builder, 449 W. Allen Avenue, Suite 109, San
Dimas, CA 91773, Attention: Kenn Coble
STAFF Approve
RECOMMENDATION:
DR 2005-26 - PAGE 1
The property owners, Christopher and Debra Perrin, and Applicant, Pro Builder (Kenn
Coble), request Development Review No. 2005-26 approval to construct an approximate
1,159 square foot first and second floor addition to an existing 1,417 square foot one-story
single-family house. The lot is rectangular in shape with a lot size of 8,583 square foot (.20
acre), and zoned Low Medium Residential District (RLM, R-1 -8,000). The proposed project
consisted of a 413 square foot first floor addition to the rear of the dwelling, and a 746
square foot second floor addition.
ANALYSIS:
0
LO
C.
Review Authority
The proposed addition exceeds 50 percent of the existing habitable floor area, which
requires a Development Review by the Planning Commission per the City's Municipal
Code (DBMC), Section 22.48.020.a.1.
The Planning Commission's review process establishes consistency with the General
Plan through the promotion of high aesthetic and functional standards to complement
and add to the City's economic, physical, and social character. The process ensures
that the proposed project's development yields a pleasant living environment for the
residents and visitors as the result of consistent exemplary design.
Site and Surrounding Uses
General Plan designation — Low Medium Residential (RLM), maximum 5 Dwelling
Unit/Acre
Zoning — Low Medium Residential (RLM = R-1-8,000) Minimum Lot Size 8,000 Square
Feet; Single Familv Residence
Surrounding Zones and Uses — Low Medium Residential (RLM = R-1-8,000) and single
family uses surround the site
Development Standards
The following comparison below shows that the proposed project meets the City's
Development Standards:
Development
Feature
RLM - Building
Standards
Proposed
Meets
Requirements
Minimum Lot Area
8,000 S.F.
8,583 S.F.
Yes
Residential Density
I Single Family Unit;
1 5 per gross acre
1 Single Family Unit
Yes
Front and setback
1 20 feet
22 feet
Yes
DR 2005-26 - PAGE 2
d
Side yard
10 feet & 5 feet
15 feet & 8 feet
Yes
setbacks
Side yard minimum
between structures on
15 feet
Meets 15 feet
Yes
ad'oinin arcels
Rear setback
20 feet
25 feet
Yes
Buildin Height Limit
35 feet maximum
21 feet
Yes
As required by
Two story on existing
Hillside Development
Chapter 22.22
created pad
Yes
Hillside Mgt.)
Retaini,ng Wall
Maximum Height 6 feet
Meets 6 feet
Yes
As required by
Landscaping
Chapter 22.24
Meets requirements
Yes
(Landscaping)
2. in fully enclosed
Minimum
Yes
Parking
garage (20'X20')
2 -car garage
Meets 20 feet
Maximum 20 feet to
maximum width and 12
Driveway Width
garage and 12 feet
feet extension, and
Yes
extension; landscape
front yard equals more
50%
than 50% landscaping
Lot Coverage
40%
Appx. 4%
Yes
Preserved/Protected
Less than one-half
Exempt, and no trees to
Yes
Trees
acre lots - exempt
be removed �I
D. The Proposed Addition to the Single Family Residence
1. Architectural Features and Colors: The design of the existing house and the
proposed addition has a contemporary look. The materials for the addition are
compatible to existing house, which include stucco walls, river rock accents at the
building corners, grey concrete tile roof, aluminum frame windows, and wood
siding trim pieces. The home will maintain its earth tone shades (white and beige),
but added a primary color (green) for emphasis.
2. Floor Plans: The existing single story house contains three bedrooms and two
bathrooms in 1,471 square feet. The proposed addition will include a 413 square
feet to the first floor by reconfiguring and extended master and adjacent
bedrooms. The second floor area will provide for a new master bedroom,
bathroom, walk in closet and study in 746 square feet. The resulting home will
have four bedrooms, three bathrooms, living room, kitchen, family room and
attached two car garages in 2,630 square feet of habitable space. The site will
also maintain the two covered patios in the rear yard area.
DR 2005-26 - PAGE 3
3. Site Work:
a. Soils Report A soils report is required to reference the main structure
suitability for the first and second floor addition.
b. Grading/Drainage A grading and a drainage plan are required per Municipal
Code Sections 22.16.030 and 22.28.
c. Retaining Walls The existing retaining wall located along the rear of the
property will not be modified or impacted by the proposed development.
d. Sewer and Water Systems The applicant is required to verify that the project
site is currently connected to the public sewer system and impacts on the
sewage capacity as a result of the proposed addition to the existing single
family residence will be approved. The applicant is also required to submit an
application to the Walnut Valley Water District for Fire Flow and submit their
approval to the Building and Safety Division prior- to the issuance of building
permits.
4. Landscaping: A landscape plan is not required for the project because the front
and rear yard is currently landscaped and the resulting development to the rear of
the structure will not have a negative impact.
E. General Plan/Design Guidelines/Compatibility with Neighborhood
1. Strategy 1.2.4, Maintain residential areas which provide ownership for single
family housing and require that new development be compatible with the
surrounding neighborhood's prevailing character; and
2. Strategy 2.2.1, new developments shall be compatible with surrounding land uses.
Based on the above review, staff finds the application is consistent with the General
Plan, Municipal Code Standards, and City's Design Guidelines and compatible with
the neighborhood.
F. Covenant and Agreement
The owners are required to complete and record a "Covenant and Agreement to
Maintain a Single Family Residence" on a City form with the Los Angeles County
Recorder's Office prior to building permit issuance.
G Additional Review
The Public Works Division and the Building and Safety Division reviewed the project
and their comments are included in the Resolution as conditions of approval.
DR 2005r26 - PAGE 4
On August 30, 2005, 118 property owners within a 500 -foot radius of the project site were
notified by mail and three other locations were posted within the application's vicinity. On
September 2, 2005, the project's public hearing notification was published in the San
Gabriel Vallev Tribune and Inland Valley Daily Bulletin newspapers and a public hearing
notice display board was posted at the site.
ENVIRONMENTAL ASSESSMENT:
This project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt under Article 19 Section 15303 Class 3 (a) (New Construction or
Conversion of Small Structure) of the State CEQA Guidelines. No further environmental
assessment is necessary.
elm
Staff recommends that the Planning Commission approve Development Review No. 2005-
26, Findings of Fact, and conditions of approval, as listed within the attached resolution.
Prepared by:
Milan L. Garrison
LDM Associates, Inc., Consulting Planner
ATTACHMENTS:
1. Draft Resolution of Approval with required findings;
2. Covenant and Agreement;
3. Aerial Photograph;
4. Site Photographs;
5. Exhibit "A".7 site plan, floor plan, elevations, and roof plan dated September 13,
2005. -
DR 2005-26 - PAGE 5
PLANNING COMMISSION
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BARAPPROVING DEVELOPMENT REVIEW NO. 2005-26 AND
CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN
APPROXIMATE 1,159 SQUARE FOOT FIRST AND SECOND FLOOR
ADDITION TO AN EXISTING 1,417 SQUARE FOOT ONE-STORY SINGLE-
FAMILY HOUSE, LOCATED AT 24347 CLAYWOOD DRIVE (LOT 36,
TRACT NO. 42583), DIAMOND BAR, CALIFORNIA — APN 8281-041-051
AND MAKING FINDINGS IN SUPPORT THEREOF.
1. RECITALS
A. The property owner, Christopher and Debra Perrin and the applicant, Pro
Builder (Kenn Coble) have filed an application for Development Review
No. 2005-26 and categorical exemption for a property located at
24347 Claywood Drive, Diamond Bar, Los Angeles County, California.
Hereinafter in this Resolution, the subject Development Review and
categorical exemption shall be referred to as the "Application."
B. On August 30, 2005, public hearing notices were mailed to approximately
118 property owners within a 500 -foot radius of the project site and the
project site was posted with a display board and the public notice was posted
in three public places. On September 2, 2005, notification of the public
hearing for this project was provided in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers.
C. On September 13, 2005, the Planning Commission of the City of Diamond
Bar conducted and concluded a duly noticed public hearing on the
Application.
D. All legal prerequisites prior to the adoption of this Resolution have occurred.
11. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
A. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
B. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt pursuant to Section 15303 (a) (New
Construction or Conversion of Small Structure) of the California
Environmental Quality Act (CEQA) and guidelines promulgated thereunder.
Furthermore, the categorical exemption reflects the independent judgment of
the City of Diamond Bar.
C. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
D. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
I The project site is located at 24347 Claywood Drive (Lot 36, Tract
No. 42583). According to the Tract Map, the project site is a
rectangular shaped parcel with approximately 8,583 square feet of lot
area. The Tract Map does not indicate any easements, flood hazard
areas or restricted use areas.
2. The project site has a General Plan land use designation of Low
Medium Density Residential (RLM) Maximum 5 DU/AC.
3. The project site is within the Single Family Residence -Minimum Lot
Size 8,000 Square Feet (R-1-8,000) Zone.
4. Generally, the following zones and use surround the project site: to
the north, south, east and west is the R-1-8,000 Zone.
5. The Application request is to construct an approximate 1,159 square
foot first and second floor addition to an existing 1,417 square foot
one-story single-family dwelling to total approximately 2,630 square
feet of habitable space.
E. Development Review
1 The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for specialized area
(e.g., theme areas, specific plans, community plans, boulevards, or
planned developments).
2
The project site is an existing developed site currently occupied by a
single-family residence. The proposed project as conditioned is
consistent with the General Plan in that it will maintain the integrity
and not degrade this residential area. The proposed project, as
conditioned within this resolution, will maintain the required setbacks,
height requirements and lot coverage provisions. The proposed
project is not unusual for development within this zoning district and is
consistent with other development within the immediate area. As a
result, the proposed project complies with the General Plan objectives
and strategies and the City's Design Guidelines related to maintaining
the integrity of residential neighborhoods and open space.
Furthermore, the proposed project will maintain an architectural, style
(Contemporary) and construction materials, which are compatible with
the eclectic architectural styles, colors, and material of other homes
within vicinity.
2. The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development, and will not create traffic or pedestrian hazards.
The project site is an existing developed single-family residential
parcel of land surrounded by existing developed residential
development of the same proposed size and intensity. Therefore, the
proposed project will compliment the development of the
neighborhood. Additionally, Claywood Drive adequately serves the
project site and was established to handle minimum traffic created by
this type of development.
3. The architectural design of the proposed development is compatible
with* the characteristics of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines, or any applicable specific plan.
The proposed project is consistent with the surrounding development
in terms of mass and scale. Furthermore, the project meets or
exceeds the City's Development Review Standards, City Design
Guidelines and City's General Plan policies. As a result, the proposed
project will maintain the harmonious, orderly and attractive
development contemplated by Chapter 22.48 Development Review
Standards, City Design Guidelines, and the City's General Plan.
There is no applicable specific plan for this area.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public, as well as its
91
neighbors, through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing.
The "Contemporary" design proposes the use of a variety of
compatible building materials and earth tone colors to soften the
home's impact and assist in preserving the established neighborhood
character and aesthetic value.
5. The proposed project 'will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Before the issuance of City development permits, the proposed
project is required to comply with all conditions set forth in. this
resolution and the Building and Safety Division, Public Works
Division, and Fire Department requirements. The referenced
agencies through the permit and inspection process will ensure that
the proposed project will not be detrimental to the public health, safety
or welfare nor will it be materially injurious to the properties or
improvements in the vicinity.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Article 19 Section 15303
Class 3 (a) (New Construction or Conversion of Small Structure). The
categorical exemption reflects the independent judgment of the City of
Diamond Bar.
F. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
1 The project shall substantially conform to site plan, floor plans,
elevations, and materials/colors board collectively labeled as
Exhibit "A" as presented to the Planning Commission on
September 13, 2005, and as amended herein.
2. The site shall be maintained in a condition, which is free of debris
both during and after the construction, addition, or implementation of
the entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done
only by the property owner, the applicant or by a duly permitted waste
0
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
be the applicant's obligation to insure that the waste contractor utilized
has obtained permits from the City of Diamond Bar to provide such
services.
3. Maximum height of the residence shall not exceed 35 feet from the
finish grade at any exterior wall of the structure to the highest point of
the roofline.
4. The single-family residence shall not be used in a manner that
creates adverse effects upon the neighborhood and environmental
setting as to levels of dust, glare/light, noise, odor, traffic, or other
similar types of disturbances. Nor shall the project be operated so as
to result in significantly adverse effects on public services and
resources. The single-family residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate
dwelling. The property shall not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood.
5. The owners shall complete and record a "Covenant and Agreement to
Maintain a Single Family Residence" on a form to be provided by the
City. The covenant shall be completed and recorded with the Los
Angeles County's Recorder's Office prior to the issuance of a building
permit.
6. All construction activity shall be in conformity with the requirements
and limitations of the City of Diamond Bar Municipal Code as
implemented by the Building and Safety Division. A construction fence
must protect the site.
7. Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing shall
remain until the Building Official approves its removal. The Applicant
shall provide temporary sanitation facilities while under construction.
8. The single-family structure shall meet the 2001 California Building
Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code requirements.
9. The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
5
10. The single-family structure is located in High Fire Zone and shall meet
the all requirements for such zone.
11. This single-family structure shall meet the State Energy Conservation
Standards.
12. Any retaining wall permits shall be obtained from the Engineering
Department.
13. The applicant shall comply with the requirements of the City Engineer
and Public Works Divisions.
14. Prior to the issuance of any City permits, the applicant shall be
required to submit a final grading plan and soils report for the City's
Public Works and Building Division review and approval. The
preparation of the site and the construction of the proposed structures
shall be in compliance with the recommendations set forth in such
soils report.
15. 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 (BMPs) to satisfy the Standard Urban
Stormwater Mitigation Plan (SUSMP) requirements. SUSMP
provisions shall be prepared and submitted as part of the grading
plans. Further details on SUSMP requirements shall be obtained from
the Public Works/Engineering Division.
16. 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.
17. The applicant shall submit a precise grading plan for 50 cubic yards or
more of earthwork prior to the issuance of any City permits. The
grading plan shall be prepared by a civil engineer, licensed by the
state of California, in accordance with the City's grading requirements
for the City's review and approval. The precise grading plan shall
delineate the following:
(a) Cut and fill quantities with calculations;
(b) Existing and proposed topography;
(c) Flow lines and drainage/drainage outlets and hydrology
calculations showing the capacity of proposed drainage
devices as well as exiting drainage devices on site; and
N.
(d) Finish surface and finished grade of all walls/retaining walls
and retaining wall calculations.
18. Prior to the issuance of any City permits, the proposed construction
plans shall be submitted to the Fire Department for review and
approval.
19. All utility service to the proposed project shall be installed
underground.
20. In accordance with the Department of Fish and Game Section 711.4,
the applicant shall remit to the City, within five days of this grant's
approval, a cashiers check of $25.00 for a documentary handling fee
in connection with Fish and Game Code requirements.
21. This entitlement is valid for two (2)years and shall be exercised
(i.e., construction shall commence) within that period or this
entitlement shall automatically expire. A one .(1) year extension may
be approved when submitted to the City in writing at least 60 days
prior to the expiration date. The Planning Commission may consider
the extension request at a duly noticed public hearing in accordance
with Chapter 22.72 of the City of Diamond Bar Development Code.
22. This entitlement shall not be effective for any purpose until the
permittee and owner of the property involved (if other than the
permittee) have filed, within fifteen (15) days of the approval date, at
the City of Diamond Bar Community and Development Services
Department, their affidavit stating that they are aware and agree to
accept all the conditions of this grant. Further, this grant shall not
become effective until the permittee pays any remaining City
processing fees.
G. 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 Christopher and Debra Perrin, 24347 Claywood Drive, Diamond
Bar, CA 91765 and Pro Builder, 449 W. Allen Avenue, Suite 109, San
Dimas, CA 91773, Attention: Kenn Coble
0
APPROVED AND ADOPTED THIS THE 13TH
DAY OF SEPTEMBER 2005,
BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Joe McManus, Chairman
1, 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 13th of
September 2005, by the following vote:
YES:
A
/"% I Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
James DeStefano, Secretary
1.1
RECORDING REQUEST BY:
City of Diamond Bar
WHEN RECORDED MAIL TO:
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Attn: Deputy City Manager
COVENANT AND AGREEMENT TO
MAINTAIN A SINGLE FAMILY RESIDENCE
DEVELOPMENT REVIEW NO. DR 2005-26
The undersigned hereby certify that Christopher and Debra Perrin is/are the
owner(s) of the hereinafter described real property located at 24347 Clavwbod Drive in
the City of Diamond Bar, County of Los Angeles, State of California, commonly known
as:
Legally described as Lot 36 of Tract Map No. 42583
Assessor's Book and Parcel Number: 8281-041-051
And, I/we do hereby covenant and agree for ourselves, heirs, assigns,
transferees and successors, with the City of Diamond Bar (hereinafter "City") that the
above described property shall be used for single family residential purposes only.
This covenant and agreement shall run with the land and shall be binding upon
ourselves, future owners, their heirs, and successors and assignees and shall continue
in effect until and unless approved otherwise by the City of Diamond Bar is specifically
intended that the benefits and burdens of this covenant run with the land.
If the City is required to bring legal action to enforce this covenant, then the city
shall be entitled to its attorney fees and court costs.
M-
0
7REMM
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this day of 1 200 before me the undersigned Notary
Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that executed the same in authorized capacity(ie§),
and that by signature(s) on the. instrument the person(s) or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
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NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
On September 13, 2005, the Diamond Bar Planning Commission will hold a regular
session at 7:00 p.m., at the South Coast Quality Management District/Government Center -
Auditorium, 21865 Copley Drive, Diamond Bar, California.
Items for consideration are listed on the attached agenda.
1, Stella Marquez, declare as follows:
I am employed by the City of Diamond Bar. On August September 8, 2005, a copy
of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held
on September 13, 2005, was posted 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 September 8, 2005, at Diamond Bar, California.
Stella Marquez
Community and Develoent Services Department
g:\\affidavitposfing.doc