Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09/27/2005
Next Resolution No. 2005-33 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday,September27, 2005 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1.ROLL CALL: COMMISSIONERS:ChairmanJoe McManus,Vice-Chairperson Ruth M. Low, Kwang Ho Lee, Dan Nolan,Tony Torng 2.MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non-agenda items.Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. * * * * * * * * 3.APPROVAL OF AGENDA: Chairman 4.CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1Minutes of Regular Meeting: September 13, 2005. 5.OLDBUSINESS: None. 6.NEW BUSINESS: None. 7.PUBLIC HEARING(S): 7.1Development Review No. 2005-25/Minor Conditional Use Permit No.2005-12- In accordance to DevelopmentCode Sections 22.48, 22.56, and 22.68, this is a request to remodel and construct an approximate 900 square feet single story addition at the rear ofthe existing 1,552 livable square feet, two story, legal nonconforming single family residence with a two car garage. A Minor Conditional Use Permit approval is to allow the continuation of legal nonconforming front yard setback distances. _________________________________________________________________________________________ SEPTEMBER 27, 2005PAGE2PLANNING COMMISSION _________________________________________________________________________________________ Project Address: 24249 Seagreen Drive Property Owner/ Patricia Covarrubias Applicant: 24249 Seagreen Drive Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2005-25/Minor Conditional Use Permit No. 2005-12, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2Development Review No. 2005-28/Minor Conditional Use Permit No.2005-13- In accordance to Development Code Sections22.48.020.(a), 22.30.080.(5) and 22.56.010,this is a request to construct a two story, single family residence of approximately 12,400 gross square feet including balconies, porch, and attached four car garage. The project also includes a retaining wall in the rear yard with a maximumexposed height of seven feet. The Minor Conditional Use Permit is for a driveway wider than the maximum 14 feet allowed at the street property line. Project Address: 2855 Oak Knoll Drive Property Owner/ Windmill Estates, LLC Applicant:th 2632 W. 237Street Torrance, CA 90505 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified Environmental Impact Report No. 97-1 for Tract Map No. 50314. Further environmental review is not required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2005-28/Minor Conditional Use Permit No. 2005 13, Findings of Fact, and conditions of approval as listed within the draft resolution. 8.PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: 9.STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1Public Hearing dates for future projects. _________________________________________________________________________________________ SEPTEMBER 27, 2005PAGE3PLANNING COMMISSION _________________________________________________________________________________________ 9.2Status of approved projects. 10.SCHEDULE OF FUTURE EVENTS: DIAMOND BAR DAYThursday, September 29, 2005 AT THE L.A. COUNTYPomona Fairgrounds FAIR: CITY COUNCIL MEETING:Tuesday,October 4, 2005 - 6:30 p.m. SCAQMD/Government Center - Auditorium 21865 Copley Drive PLANNING COMMISSIONTuesday,October 11, 2005 - 7:00 p.m. MEETING: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 PARKS AND RECREATIONThursday,October 27, 2005 - 7:00 p.m. COMMISSION MEETING:SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive 11.ADJOURNMENT: PLANNING FILE Copy September 27, 2001 7:00 P.M. I South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Joe McManus Vice Chairman Ruth M. Low Commissioner Kwang Ho Lee Commissioner Dan Nolan Commissioner Tony Torng Copies of staff reports or other written documentation relating to agenda items are on Re 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 I/ 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. 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 '/30O -~d Bar ' P|@OD'OO COm0O|SS'OD. MEETING.������ ~-—--'------ PUBLIC INPUT The meetings Of the Diamond Bar Planning [oDnisak]n are open to the public. \ DeDbg[ Of the public may address the Commission on Ul of one agonouitenaend/orotheriteneof Vvhidl are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request t0address the Commission should be submitted iDwriting atthe public hearing, tOthe Secretary ofthe As @ general 0|e' the opportunity �[ public comments will take place at the discretion of the Chair.However, i facilitate order to facilitate the - meeting, pansOns who are interested parties for an item may be requested kgive their presentation atthe -time the item iocalled onthe calendar. The Chair may limit individual public input to five [DiOUteS DD any item; or the Chair may limit the total aDlOUOt 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 mgDOe[ Comments and qUesbODe are welcome 3D that all points of view are considered phO[ to the Commission making recommendations to the staff and City Council. in accordance with State LGVV (Brown Act), all matters to be acted On by the �o�o3iOD must be posted at least 72 hours prior to ' the Commission knSiom n>eetDg. In case of emergency or when g aUNeot matter arises subsequent tothe posting ofthe agenda, upon making certain findings, the Commission may act onitem that ianot onthe posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION � � Diamond Bar Planning �m0��Dma�|�Ga�p��the Agendas -' � the Community and Development -Semicea Department. Agendas are oVoik]b|e 72 hours prior to the meeting atCity Hall and the public library, and may be accessed h«personal computer @tthe number Every meeting of the Planning Commission iSrecorded on cassette tapes and duplicate tapes are available for a nominal charge. ADAEMENTS A cordless microphone is 3V8i|gb|e for those persons with Dlobi|h« impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter aanioea are 8Voi|8b|e by giving notice at least Ulnae business days in advance of the meeting. Please telephone /QOQ\ 838-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. HELPFUL PHONE NUMBERS Copies of Agenda, Rules ofthe Commission, Cassette Tapes ofMeetings /gOg\83Q-7O3O General Agendas (9O9)O39-7O30 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, September 27, 2005 FTITCIA? MITI CALL TO ORDER: 7:00 p.m. Next Resolution No. 2005-33 PLEDGE OF ALLEGIANCE: 1.* ROLL CALL: COMMISSIONERS: Chairman Joe McManus, Vice -Chairperson Ruth M. Low, Kwang Ho Lee, Dan Nolan, Tony Torng 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 recordinq Secretary (Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. - . 0 duel -0 0 :11,0191-11 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: September 13, 2005. 5. OLD BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2005-25/Minor Conditional Use Permit No. 2005-12 - In accordance to Development Code Sections 22.48, 22.56, and 22.68, this is a request to remodel and construct an approximate 900 square feet single story addition at the rear of the existing 1,552 livable square feet, two story,* legal nonconforming single family residence with a two car garage. A Minor Conditional Use Permit approval is to allow the continuation of legal nonconforming front yard setback distances. Project Address: 24249 Seagreen Drive SEPTEMBER 27, 2005 PAGE PLANNING COMMISSION Property Owner/ Applicant: Patricia Covarrubias 24249 Seagreen Drive Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2005-25/Minor Conditional Use Permit No. 2005-12, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2005-28/Minor Conditional Use Permit No. 2005-13 - In accordance to Development Code Sections 22.48.020.(a), 22.30.080.(5) and 22.56.010, this is a request to construct a two story, single family residence of approximately 12,400 gross square feet including balconies, porch, and attached four car garage. The project also includes a retaining wall in the rear yard with a maximum exposed height of seven feet. The Minor Conditional Use Permit is for a driveway wider than the maximum 14 feet allowed at the street property line. Project Address: 2855 Oak Knoll Drive Property Owner/ Windmill Estates, I -I -C Applicant: 2632 W. 237th Street Torrance, CA 90505 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified Environmental Impact Report No. 97-1 for Tract Map No. 50314. Further environmental review is not required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2005-28/Minor Conditional Use Permit No. 2005 13, Findings of Fact, and conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS I INFORMATIONAL ITEMS: 9. STAFF COMMENTS I INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 9.2 Status of approved prole SEPTEMBER 27, 2005 PAGE 3 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: DIAMOND BAR DAY AT THE L.A. COUNTY FAIR: CITY COUNCIL MEETING: ►l "1 1 111111711 kU* " TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Thursday, September 29, 2005 Pomona Fairgrounds Tuesday, October 4, 2005 - 6:30 p.m. SCAQMD/Government Center - Auditorium 21865 Copley Drive Tuesday, October 11, 2005 - 7:00 p.m. SCAQMD/Government Center - Auditorium 21865 Copley Drive Thursday, October 13, 2005 - 7:00 p.m. SCAQMD/Government Center Hearing Board Room - 21865 Copley Drive Thursday, October 27, 2005 - 7:00 p.m. SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 13, 2005 Chairman McManus called the meeting to order at 7:08 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Tye led the Pledge of Allegiance. Present: Chairman Joe McManus, Vice Chairperson Ruth Low, and Commissioners Dan Nolan, Tony Torng and Steve Tye. Also present: James DeStefano, Assistant City Manager; Nancy Fong, Planning Manager; Ann Lungu, Associate Planner and Stella Marquez, Senior Administrative Assistant. 2. PRESENTATION OF CITY TILES: 2.1. PRESENTATION TO PLANNING COMMISSION SECRETARY, JAMES DESTAFANO. C/Torng said he felt very disappointed that ACM/DeStefano was leaving the City. However, he appreciated ACM/DeStefano's promise to give him a very detailed tour of the City tomorrow. VC/Low said it had been just fabulous working with ACM/DeStefano She remembered that his first call to her indicating he wanted her to come visit him felt like a summons to the principal's office. However, it was a wonderful meeting and ACM/DeStefano displayed his mastery and passion for the City of Diamond Bar. She was very sorry that Diamond Bar is losing ACM/DeStefano and the City's loss is Chino Hills' gain. She was very sad about his departure and that he is grace under pressure and the best wordsmith she has met. ACM/DeStefano has been a great asset to the Commission and to the City. C/Tye said it occurred to him that as of the 10th of this month ACM/DeStefano has been with the City for 15 years and C/Tye has been able to hassle ACM/DeStefano for 7 years and nine months of those 15 years. If ACM/DeStefano had shared with him that he was driving ACM/DeStefano crazy C/Tye would have gone first. C/Tye said he could not tell ACM/DeStefano how much the City would miss him because SEPTEMBER 13, 2005 Page 2 PLANNING COMMISSION he was the elder statesman of the City. To be here for 15 years out of the 16 and one-half years that Diamond Bar had been a City was remarkable. What ACM/DeStefano brought to the City and to this Commission and to the leadership will be sorely missed and C/Tye said he was very sorry to see ACM/DeStefano go. C/Nolan told ACM/DeStefano that he was a true professional, an asset to the City and that he had been great in terms of all of the Commissions he had been involved with as witnessed by his leadership. ACM/DeStefano had moved the City forward through some very turbulent times and the City and this Commission will miss him. C/Nolan said he was always pleased to say that he was affiliated with ACM/DeStefano. He congratulated ACM/DeStefano and wished him good luck in Chino Hills. Chair/McManus said that in all of the years he had lived in Diamond Bar ACM/DeStefano was no doubt the greatest loss the Qity had suffered internally. Chair/McManus said he had spoken with several past Planning Commissioners as well as people who do business with the City and all were of one accord. This City and this Commission will miss ACM/De,Stefano. ACM/DeStefano thanked the Commission and said that indeed he had been with the City 15 years as of Saturday, September 10. He said he had thoroughly enjoyed all venues that he was involved in including the Planning Commission and that he had worked with 20 different Planning Commissioners during the past 15 years. The Commission has been able to do a great many good things with the City including the General Plans, Development Codes, subdivisions, lots of new houses, lots of new projects, acquisition of open space and an enormous number of things over the years. For him one of the highlights is the culmination of the construction of the Target project. He said he was very happy that he was able to play a role in the project because it would be a huge economic asset for the City as well as its first new shopping center in 25 years. He said he was moving on to Chino Hills to do very similar work in a new environment with new challenges and new opportunities. While he was excited about the new endeavor he said he felt very guilty about leaving and losing the daily association with people in Diamond Bar. He said he would miss everyone and would carry a lot of good memories with him. 2.1.2 PRESENTATION TO OUTGOING PLANNING COMMISSIONER, STEVE TYE. C/Torng said that during the short time he served with C/Tye it was a fun time for him. He said that he respects C/Tye's heart and he thanked C/Tye for his service. SEPTEMBER 13,2005 Page 3 PLANNING. COMMISSION VC/Low recalled that the first time she sat on the Planning Commission dais she had not realized the extent of C/Tye's wit whose legacy is that he leaves big shoes to fill. His years of service are evident in the way he looks at and analyzes a project and his questions indicate a concern for the applicant as well as the homeowner. She said she respected his care and concern for both the homeowner and the project and how a project would impact the City. She felt C/Tye was very dedicated as evidenced by his visit to all sites and that he consistently voted his heart and his conscience. She thanked C/Tye for his service to the City of Diamond Bar and said she was proud to have served with him. C/Nolan said that C/Tye had served on the Planning Commission for seven plus years and priorto that tenure, four years on the Parks and Recreation Commission. He has known C/Tye for several years and his rapier wit is his legacy. C/Nolan said he appreciated C/Tye's friendship, the way he thoroughly investigated everything the Commission had done and the City will miss his service on the Planning Commission. He said he wished C/Tye nothing but the best going forward. Chair/McManus said that in addition to his wit CITye had been a great help and support to each of the Commissioners. He said he appreciated C/Tye's thoroughness. CITye said - he appreciated the kind words and recognition. He thanked ACM/DeStefano and PM/Fong. He said it was great to look around the City and realize the number of projects that had received a stamp of approval from the Planning Commission. There is still much to be done and C/Tye said he would miss serving on the Planning Commission. 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 4. APPROVAL OF AGENDA: As Presented. 5. CONSENT CALENDAR: 5.1 Minutes of the Regular Meeting of August 23, 2005. C/Nolan moved, VC/Low seconded to approve the Regular Meeting Minutes for August 23, 2005, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, VC/Low, Torng, Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None E. SEPTEMBER 13, 2005 Page 4 PLANNING COMMISSION 6. OLD BUSINESS: None 7. NEW BUSINESS: 7.1 PLANNING COMMISSION POLICY AND PROCEDURES MANUAL. PM/Fong presented staff's report and asked the Commission to review the manual and forward their comments and recommendations to staff. a. PUBLIC HEARING(S): 8.1 DEVELOPMENT REVIEW 200526 - In accordance to Chapter 22.48 of the City of Diamond Bar Development Code the applicant 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). PROJCECT ADDRESS: 24347 Claywood Drive (Tract 42583, Lot 36; APN 8281-041-051) Diamond Bar, CA 91765 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 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Development Review 2005-26, Findings of Fact, and conditions of approval as listed with the resolution. Kenn Coble, applicant, said his firm designed the project to conform to the standards of neighborhood. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. I SEPTEMBER 13, 2005 Page 5 PLANNING COMMISSION C/Tye said he visited the site today. He noted that there were no objections from the neighbors and believed the project was well designed and conformed to the site and surrounding neighborhood. VC/Low said she too visited the site and agreed with C/Tye that it was well designed and fit nicely with the surrounding homes. She felt it would be a good addition to the neighborhood. C/Tye moved, C/Torng seconded, to approve Development Review 2005-26, Findings of Fact, and conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Tye, Torng, Nolan, VC/Low, Chair/McManus None None 9. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng wished ACM/DeStefano and C/Tye good luck. C/Tye told C/Torng he should soak up as much information as possible while he had the opportunity. He again thanked ACM/DeStefanci for his leadership, professionalism and willingness to share his knowledge. He also thanked ACM/DeStefano for his guidance and said he appreciated that whether or not the Commissioners agreed with ACM/DeStefano's direction. he was always professional. C/Tye felt that the City of Chino Hills had no idea how fortunate it was to get ACM/DeStefano and whatever they were paying him was not enough. C/Nolan echoed C/Tye's sentiments and said he would miss both ACM/DeStefano and C/Tye and wished them great things as they moved forward. VC/Low hoped that ACM/DeStefano would refer projects rejected by Chino Hills to Diamond Bar. She thanked ACM/DeStefano for his help and tact. She reiterated that it had been great serving with C/Tye. Chair/McManus said that all of the Commissioners appreciate ACM/DeStefano's efforts and talents and he will be sorely missed. R 317 AFL, SEPTEMBER 13, 2005 Page 6 PLANNING COMMISSION 10. STAFF COMMENTS AND INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. ACM/DeStefano reported that The Country Hills Towne Center is moving slowly but it is moving forward. Staff hopes to bring this item to the Commission at its last meeting in October or its first meeting in November. The Target project is underway. Over the next three months the applicant will grade the area and build giant retaining walls behind the store site and construction is scheduled to start in December or January and be completed in July or August with the opening slated for the first week of October 2006. ACM/DeStefano also reported that JCC was in escrow to purchase the property across from South Point Middle School. Kmart had not moved forward at a pace preferred by the City because of the sluggishness of the merger between Kmart and Sears and because Kmart controls the lease on the property for another 45 years. It is likely that Kmart will have its way with the property unless the City steps in to use powers that have not been used in 15 years. He said he anticipated that by the end of the year the store would officially convert to a Sears Essentials. ACM/DeStefano opined that C/Tye had served on the Planning Commission for a long period of time and came to the Commission during an extraordinary time, at a crossroads for the City of Diamond Bar just after significant leadership changes on the City Council setting the Council and the community toward a proper path of a business -oriented City Council and decision-making process and a visionary view of where the City ought to be as time moved forward. There was no more fighting amongst City Council Members and Planning Commissioners once the new Council was seated after the elect * ion of 1997 and the new Commissioners.were seated in 1998. It was a great time because C/Tye and others got to shape the City's future with the provisions that were clearly a part of with the creation of the Development Code, the Subdivision Ordinance, Design Guidelines and all of the things staff members refer to every two weeks along with all of the development over the past 10 years. C/Tye played a significant role in the development of the documents that for many years have been used by staff and embraced by the development and construction community. C/Tye has served his community well and as he seeks other opportunities in the City in the next few months he will continue to do so whether it is in a higher office or elsewhere as he continues to serve the City. ACM/DeStefano said he had very much enjoyed working with C/Tye and so have the other staff members. He thanked C/Tye for his service. PM/Fong responded to Chair/McManus that the owners of the burned out building on Pathfinder Road at Brea Canyon are very close to getting their building permit. SEPTEMBER 13, 2005 Page 7 PLANNING COMMISSION All plans were approved and all that remains are minor adjustments on the part of the applicant. C/Nolan asked if there were plans to repair the Diamond Bar Village sign. PM/Fbng responded that staff contacted the property owner and the property manager and were promised that repairs or replacement would be forthcoming. VC/Low asked if it would be possible for staff to provide a brief status of approved projects during regular Commission meetings. Forexample, the shopping centeron Lemon and Golden Springs was approved several months ago and there has been no apparent progress. In addition, the Vons project seemed to be moving forward and she would appreciate knowing the details. PM/Fong said staff would provide a list of approved projects with current status in the Commission agenda. 11. 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 7:45 p.m. Respectfully Submitted, Nancy Fong, Planning Manager Attest: Joe McManus, Chairman PLANNING CuMMIS SICKN. AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND *BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: -7.1 MEETING DATE: September 27, 2005 REPORT DATE: September 19, 2005 CASE/FILE NUMBER: Development Review 2005-25/Minor Conditional Use Permit No. 2005-12 PROJECT LOCATION: 24249 Seagreen Drive, Diamond Bar, CA 91765 (APN: 8704-047-017, Lot 17, Tract 33020) APPLICATION REQUEST: A request to remodel and construct an approximate 900 square feet one story addition at the rear of the existing 1,552 livable square feet, two story, legal nonconforming single family residence with a two car garage. A Minor Conditional Use Permit approval allows the continuation of legal nonconforming front yard setback distances. PROPERTY OWNER/ Patricia Covarrubias, 24249 Seagreen Drive, Diamond APPLICANT: Bar, CA 91765 STAFF Approve RECOMMENDATION: DR 05-25/MCUP 05-12 PAGE I BACKGROUND: The property owner, Patricia Covarrubias, requests Development: Review No. 2005- 25/Minor Conditional Use Permit No. 2005-12 approval to remodel and construct struct an addition over 50 percent of the existing livable square footage. The lot is approximately 9,002 gross/usable square feet in size and is nearly a rectangular shape. The existing two story, single family residence was approved and completed in 1984. ANALYSIS: A. Review Authority An addition greater than 50 percent of the existing structure's livable floor area requires the discretionary Planning Commission Development Review process and approval per the Diamond Bar Municipal Code (DBMC) Section 22.48.020. The M hcj!_!E ,! 'S! a01-0-101RIV, 111t7 r- 11111111y 1101111P1155iori, also revkews and appFoves audditional concurrent application-. Minor Conditionai Use Permit 1"Jo. 2_005-1 22. These processes establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the City's economic, physical, and social character. The 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. B. Site and Surrounding Uses General Plan designation - Low Density Residential (RL) Maximum 3 DU/Acre Zoning - Single family Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000) Surrounding Zones and Uses —The R-1-9,000 zone and single family uses surround the site C. Development Standards The following comparison indicates that the proposed project meets the City's Development Standards: Development RL Zoning District Proposed Meet Feature Requirements Requirements .21 acre Minimum Lot 9,000 S.F. 9,002 gross/usable LA County Lot Area S.F. Averaging DR 05-25/1\4CUP 05-12 PAGE 2 Residential I Single family Unit; I Single family Unit Yes Density 3 per gross acre Approximately Legal Front yard 20 feet 16 feet Nonconforming setback Side yard 5'-0" & 10'-0" 19.5' & 11.5' Yes setback each Side yard minimum between 15 feet Meets 15 feet Yes structures -on adjoining parcels 20 feet Approximately Yes Rear setback 40 feet Building Height 35 feet -O" New structure 16 Yes (maximum) feet Limit As required by Hillside Chapter 22.22 Two-story on pad Not applicable Development (Hillside Management) As required by Landscaping 15% Landscaping Chapter 22.24 overall & 50% in Yes (Landscaping) front and 2 in fully enclosed Existing enclosed Yes Parking garage (20'X20'). 2 -car garage 40% Appx. 32% Yes Lot Coverage Less than one-half 9,002 gross square Preserved/ acre lots - exempt feet is less than Exempt Protected Trees from Tree Permit one-half acre requirements D. The Proposed Addition 1. Architectural Features and Colors: The existing contemporary style is retained. The proposed one story, addition is in the rear. The design's multi-level roofs, windows, and stucco add texture and contrast, variety, and low maintenance materials. The proposed addition's architectural style and palette are compatible with the other homes in the neighborhood and consistent with the General Plan, City's Design Guidelines and Municipal Code. DR 05-25/MCUP 05-12 PAGE 3 2. Floor Plans: The addition enlarges the first floor's kitchen and dining area and creates a large family room area. The second floor deck is maintained at the master bedroom with the railing part of the new roof. 3. Site Work: The subject addition is on the existing pad and no grading or retaining walls are proposed. An -Engineering/Public Works Division approval condition requires a drainage plan submittal and an erosion control plan for work starting after October 1, 2005. 4. Landscaping: Replacement and/or restoration of landscaping is required priQrto the Planning Division's final inspection. E. Covenant and Agreement An approval condition requires the owner to sign, notarize, and record with the Los A r, (In, in+111c Pn?-r1rr4r-sr' Office n "Cr_- ovenant and Anrnni,!Nnt fn Maintain 5N. Rinniom � Ry he colvena nt rnu st be su U.rn r�rl to Planning st-f' f a 1-1 A 1; Ily IR e si d _e In c e vii a #—;+%/ fInrrn prior to building permit issuance. F. View Impact The proposed structure is one story in accordance with Municipal Code height standards. G. Additional Review The'Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. H. General Plan/Design Guidelines/Compatibility with Neighborhood 1 Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood; and 2. Strategy 2.2.1, New developments shall be compatible with surrounding land uses. Staff's review finds the application is consistent with the General Plan, Municipal Code Standards, the City's Design Guidelines and the project is compatible with the neighborhood. DR 05-25/1\4CUP 05-12 PAGE 4 11 NOTICE OF PUBLIC HEARING: On September 14, 2005, 96 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On September 16, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. The City has determined that this project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e) - (additions to existing structures where all public facilities are available). t 1PRIPLA08 30111101010171 NXIIIII Staff recommends that the Planning Commission approve Development Review No. 2005- 25/Minor Conditional Use Permit No. 2005-12, Findings of Fact, and conditions of approval as listed within the attached resolution. Prepared by: Linda Kay Smith, Development Services Associate ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Covenant and Agreement; 3. Aerial; 4. Exhibit "A" - site plan, floor plans, elevations, and roof plan dated September 27, 2005. DR 05-25/MCUP 05-12 PAGE 5 a 1. Q ATTACHMENT "I" DRAFT PLANNING COMMISSION RESOLUTION NO. 2005-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005- 25/MINOR CONDITIONAL USE PERMIT NO. 2005-12 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT A i N APPROXIMATE 900 SQUARE FEET ONE STORY ADDITION AT THE REAR OF THE EXISTING 1,552 LIVABLE SQUARE FEET, TWO STORY, LEGAL NONCONFORMING SINGLE FAMILY RESIDENCE WITH A TWO CAR GARAGE. THE PROJECT SITE IS ASSESSOR PARCEL NUMBER 8704-047-017, ADDRESSED 24249 SEAGREEN DRIVE (LOT 17, TRACT NO. 33020), DIAMOND BAR, CALIFORNIA. RECITALS 1 The property owner, Patricia Covarrubias, filed Development Review No. 2005-25/Minor Conditional Use Permit No. 2005-12 applications for a property identified as assessor parcel number 8704-047-017, located at 24249 Seagreen Drive (Lot 17, Tract No. 33020), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On September 14, 2005, 96 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On September 16, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On September 27, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1 The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 1 ATTACHMENT "'I" DRAFT 2. The Planning Commission hereby determines that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 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 R e q u 1. � � +1;1 c in s - 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project parcel is assessor parcel number 8704-047-017, addressed 24249 Seagreen Drive (Lot 17 Tract 33020), Diamond Bar, California. The parcel is approximately .21 gross acres: 9,002 gross/usable square feet. The lot's shape is nearly rectangular with an existing two story, legal nonconforming single family residence approved and completed in 1984. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units per acre. The site is zoned Single family Residence, R-1-9,000. (c) The R-1-9,000 zone and single family uses surround the site. (d) The Application requests to remodel and construct an approximate 900 square feet one story addition at the rear of the existing 1,552 livable square feet, two story, legal nonconforming single family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal nonconforming front setback distance. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. ' K ATTACHMENT "'I" DRAFT The project site, currently developed with a two story, single family residence, was established before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995 General Plan land use designation is Low Density Residential (RL) (maximum 3 dwelling units/per acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Municipal Code; the site coverage is less than 40 percent, it is comparable with the existing neiighborhood, it meets the required height limitations; and it does not encroach further into the setbacks than the existing structure. 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. Golden Springs Drive and High Knob Road adequately serve the project site. These and the neighboring streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a two story, legal nonconforming single family residence. The proposed addition does not change the existing single family use. The Application maintains the existing style consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The single family residence's contemporary architectural style is retained. The proposed one story addition is in the rear. The design's multi-level roofs, windows, and stucco add texture and contrast, variety, and low maintenance materials. The application's architectural style and palette are compatible with the other homes in the neighborhood and consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its K ATTACHMENT "T" DRAFT neighbors, through good aesthetic use of materials, texture, and color that is aesthetically appealing. The proposed colors, materials, and textures are consistent with and complimentary to the existing homes within the, area while offering variety and low maintenance levels. 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. Structural plan check, City permits and inspections, soils analysis as ;for— consitnuctionneee J?OLI IIfUL-�U!J IEf I II IL filasv V-1 FLVsproject 1—ee--fivilu"t-ticipai Code b"./"ing starmdaMo nr-hitlit-v. height. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). NONCONFORMING STRUCTURES (k) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. As stated in Item (g), the proposed project is compatible with other structures in the vicinity. Many one and two story structures in the vicinity have remodeled and added square footage. (1) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming inconsistent with the General Plan or any applicable specific plan. M ATTACHMENT "V DRAFT As stated in Items (e) and (g), the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Municipal Code, and City Design Guidelines. The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of the Municipal Code. The existing parcel was approved by Tract Map No. 33020, Lot 17, as .21 acres. The existing structure was completed under the Los Angeles County Code in 1984 and met the required setbacks of that Code prior to the City's incorporation. Legal nonconforming is defined as any parcel or structure that was legally created or constructed prior to the current Diamond Bar Municipal Code's adoption, November 3, 1998, and which does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. The structures in this tract were approved with six feet of public right-of-way counted in the setback measurement. The front setback is approximately 16 feet from the property line. Like the other homes, the setback looks larger because the city's parkway is behind the sidewalk, not in front. Today's front setback requirement is 20 feet from the property line. Therefore, legal nonconforming findings and Minor Conditional Use Permit approval are required by the Planning Commission. The proposed project conforms to the other applicable provisions of the Municipal Code. The exterior limits of the new construction does not exceed theapplicable height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity exists. No further nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. This project meets Municipal Code building standards including height. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. 5 ATTACHMENT "1" DRAFT Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (e -h), the architectural design of the proposed development is compatible with the surrounding neighborhood's characteristics and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. needed, and Fire Department approval are required for construction. This project meets Municipal Code building standards including height. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. MINOR CONDITIONAL USE PERMIT (p) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As state in Items (e -o), the proposed use is allowed within the zoning district and complies with al/ other applicable provisions of the Municipal Code. (q) The proposed use is consistent with the General Plan and any applicable specific plan. As state in Item (e), the proposed use is consistent with the General Plan and any there is no applicable specific plan. (r) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e -o), the design, location, size, etc. is compatible with the existing and future land uses in the vicinity. 0 ATTACHMENT "1" DRAFT (s) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence.of physical constraints. As stated in Items (e -o), the subject site is physically suitable for the type and densitylintensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (t) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity.. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single-family residence. (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations and roof plan collectively labeled as Exhibit "A" dated September 27, 2005, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from 7 ATTACHMENT "1" DRAFT residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. PUBLIC WORKS (c) The applicant shall submit a Drainage Plan to the Engineering/Public Works Division illustrating the drainage pattern and an erosion control plan; surface water shall drain away from the building ata 2% minimum slope. Erosion control measures shall be in place for construction started after October 1 through April 15. The erosion control plan shall conform to national Pollutant Discharge Elimination Qvetarn (1.1PDE53I standards and inrornorate the apnrnnP.riate Best �i�u�'�:�fic,mAnt Practices ( � C � The sta int d aar�C for rig prap�r:�����r: r�. erosion control plans can be obtained from the Public Works/Engineering Division. (d) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (e) The applicant shall provide temporary sanitation facilities during construction. (f) If required by the Building Official, a construction fence shall protect the project. (g) The single family structure shall meet the 2001 California Building Code including smoke detectors and rescue window and egress requirements; and 2001 editions of the Electrical, Plumbing, and Mechanical Codes. (h) This single family structure shall meet the State Energy Conservation Standards. (i) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. The City is in seismic zone four (4). Applicant shall submit drawings and calculations prepared by a licensed architect/engineer with wet stamp and signature. PLANNING ATTACHMENT "1" DRAFT The applicant shall comply with the requirements of City Plan ' ning, Building and Safety, Public Works Divisions, and the Fire Department. (k) The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. Any walls, gates, fountains, dense plant material, etc. that may be proposed within the front setback shall not exceed a maximum height of 42 inches. (1) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of.the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (m) The owner shall complete and record a "Covenant and Agreement to Maintain a Single family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (n) This approval is valid for two (2) years and shall be exercised (i.e. construction) within that period or this approval shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days Prior to the expiration date. The 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 Municipal Code. (o) This approval 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 (115) days of approval, 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 approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees. (p) 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 approval, a 9 ATTACHMENT "'I" DRAFT. 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 Patricia Covarrubias, 24249 Seagreen Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27th DAY OF SEPTEMBER 2005, BY THE PLANNING C'01 OF '1* HL CITY OF DIAMOND BAR. By: Joe McManus, Chairman 1, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duty introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of September 2005, by the following vote: AYES: commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Acting Secretary Word: comdev/linda smith/plancomm/projectsfDR 2005/DR 2005-25 ... /Reso... im RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attachment "2" Space Above Line For Recorder's Use Only COVENANT AND AGREEMENT TO MA►INTAIN A► SINGLE FAMILY RESIDENCE DR 2005-25/MCUP 05-12 The undersigned hereby certify that PATRICIA COVARRUBIAS TRUST is the owners of the hereinafter described real property located at 24249 SEAGREEN DRIVE in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 17 Tract Map No. 33020 Assessor's Book and Parcel Number 8704-047-017 And, [/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 As Attachment '2"� STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of 200 before me, the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. -1 ffic:al -qe;:fl Notary Public in and for said State �� r smnNVY4 Hi VA IN3K3383V AS Id30X3 ASOM 83MO ANV NO 035(13G ION INNS ONV NOIS30 5,-i3nNY11 .40 A.IH3dOHd 3HI 38Y SHOILVOU103dS ONV SDNVAYHO 3S3HI ULM v::) INm59L16 zPVGGNOW10 'M40fW 21Q NB3�vvag 7�,tZJ7Z RDI '—w 031 'As N-�'a :N01iVD0-1 'LAzt13—.- N'Vlc=l 101c=1 L) E� V4 q 'N B D .52 122 1 t i Z 19 efi NIP 19 0 40 ; IT121-1, N�j Pofifx I W . �42` .1h I iy 6 Ir. R 2 I fl jg Ili ;- I I , e IN, k, 4tl 2 LN H, I IBM WSW iE I � .Wwb r - 'o €� ���s <� �a �� ��°° � ��� �q� �� � � 8< ��r �r �� x� i � �� ff a��p3 �o € 308 ��o s G � c) -9fligiHii R 9 mw igib g IR IS 4 NR 4 HT .11 '141 P PvPTR'l 4 04 7g -0e, Q O o Lu 0 t a P-4 ri U 921U5z— m I ly 'NOIS30 S.130NYN HLVA 1N31933H0V AS 1d33%3 BtlOM MIS ANV NO 0350 30 1ON AVMS ONV NOIS30 S,13NNV1Y d0 ALtl3dOHd 3H1 33V SNOItVO41OUS ONV SOMMVNO 353HL 114 I��yIWHS2IVW'3 GL9 '�id37 aaJc z�!i SYiG CIC3 Y' `O� 09L9-IMSM �RNCtW 'NOI.LV J.12J3dOLid i=rOWWCaLUGNT"(3 NV-ld zJOMJ O .0-,6 .9 -.IL m U m z O�OwO iiia w,�Ow H F� v � Oo o Ii m a W� O .0-,6 .9 -.IL S.137NVH RLVA IN3V933UDV AS Id33X3 MUOM WHIO ANV NO 03511 30 ION MVHS ONY NOG30 S,131Nyvi io kLH3do8d 3RL MY SNOLLY01303dS ONV SONVAVUG 3S3RL (3NOWVI(O TWHSWW -A 6L9 '3301440 dUJ N.23,'�=ME]g GVEtZ "Ll-K-sm IRNOH.1 :N011vool '13MNW ww ciaiuu NamrJa S NO I I VATI� 04" .10 04, m NV 'NOIS30 S135NM Hi M INBV433NDV AS .Ld30K3 NNOM b3N10 ANY NO 03sn 38 N4 ?tYHS GO NOIS30 S,l3NNYH 30 A1N3dONd 3M3 3NV SNOILYOUIOUS ONY. SONlMYHO 3S3M nuc vo iNOLL-rtvi� 49L16 ZIV, as Gk d *f Cl} --,r G n v '1�'i'iVHo21VW 3 6L9 �37I 2!U N3MI�l'C3S 6,, A�D A d I j �� �j Y X11 i�� Y ��� 09L9-IL9-6G':6 �3rnr+d °N011tf�o� J.1.�BdOzld = W�-U,9z ,0 NV�d NOIldaNnoA / SNOLDIS S z 0 rl V W co rLANNING COMMISSION AGIENDAREPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR CA 91765 - TEL. (909) 839-7030 - FAX (909) 801-3117 AGENDA ITEM NUMBER MEETING DATE: REPORT DATE: CASE/FILE NUMBER E PROJECT LOCATION: APPLICATION REQUEST: I PROPERTY OWNERS: APPLICANT: -7-a September 27, 2005 September 13, 2005 Development Review 2005-28 and Minor Conditional Use Permit No. 2005- 13 2855 Oak Knoll Drive (Tract Map No. 48487, Lot 14) Diamond Bar, CA 91765 Approval to construct: A two-story single-family residence of approximately 12,400 gross square feet including balconies, porch and attached four -car garage; and retaining wall in the rear yard with maximum exposed height of seven feet. The request also includes approval of a Minor Conditional Use Permit to construct a driveway wider than the maximum 14 feet allowed at the street property line. Windmill Estates, LLC 2632 W. 237th Street, #201 Torrance, CA 90505 Richard Gould 2632 W. 237th Street, #201 Torrance, CA 90505 Approve Development Review No. 2005-28 and Minor Conditional Use Permit No. 2005-13 The project site is located at 2855 Oak Knoll Drive (Lot 14, Tract Map No. 48487) adjacent to agated community identified as "The Country Estates". The project site is part of a 50 -lot subdivision approved by the City.Council on June 6, 1995. The project site is a vacant irregular shaped lot. It is rough graded with a flat pad in the front half of the lot while the rear half slopes down from the rear property line to the rear edge of pad. According to the parcel map, the project site is approximately 1.22 gross acres (52,983 gross square feet) with a graded pad area of 0.52 acres (22,570 square feet). There are easements for slope and drainage maintenance within the rear portion and easements for street, utilities and storm drain purposes within the front portion of the project site. Outside the pad and on the rear slope is natural vegetation, which is the required re -vegetation landscape mitigation plan, approved for Tract Map No. 48487. The General Plan land use designation for the site is Rural Residential (RR) Maximum 1 DU/AC and the zoning designation is Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000). Generally, the following zone surround the project site: to the north, south, east and west is the R-1-20,000 zone. ANALYSIS: A. Applications/Review Authority: The proposed project consists of two applications, Development Review and Minor Conditional Use Permit. The Development Review application is for architectural/design review for the construction of a new single family residence and requires Planning Commission approval per Development Code Section 22.48.020(a)1. Additionally, a condition of approval for Tract Map No. 48487 requires that new construction to be subject to Development Review. A Minor Conditional Use Permit is required per Development Code Section 22.30.080(5) because the proposed driveway width is 34 feet, which exceeds the maximum driveway width of 14 feet at street property line for garages setback more than 24 feet from the street property line. Even though the review authority for a Minor Conditional Use Permit is the Hearing Officer, in this case, it is the Planning Commission because all applications shall be processed simultaneously and reviewed by the highest review authority per the Development Code. DR 2005-28/MCUP 200513 Page 2 B. Develooment Review: The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process also ensures that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interests of residents, workers, shoppers, and visitors as the result of consistent exemplary design. The comparison matrix below shows that the proposed project has met the development standards for the RR zoning district and Tract Map No. 48487. Development Feature RR Zoning District/Map Requirements Proposed Meet Requirement 2.10 Acres (91,539 square feet) Yes Minimum Lot Area 1 Acre Pad Area - 18,449 square feet Residential Density 1 Single -Family Dwelling 1 Single -Family Dwelling Unit Yes Unit Front yard setback 25 feet Varies from 25 to 33 feet Yes Side yard setback (each) 10 & 15 feet property line 46 & 60 feet Yes 25 feet from pad's edge 25 feet from. pad's edge (extending rear pad with Yes Rear setback retaining wall) 35 feet from natural or 33 feet from natural or finished Yes Building height limit finished grade (maximum) grade Separation between 40 feet 92 & 105 feet Yes adjacent residential structures Lot coverage 30 percent (maximum) 10 percent Yes 2 car garage fully 4 car garage fully enclosed & Yes Parking enclosed (minimum) attached C. Architectural Features/ Colors and Materials/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 DR 200528/MCUP 2005-13 Pa6e 3 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 Medite rranean. Architectural features include front entry with quoins as an accent, window arrangement and style, balconies roof articulation and varying planes at each elevation. A variety of building materials in earth tone colors are proposed as follows: Roof Eagle - Mission Santa Cruz — SMC 8402 (red blend) Stucco Merlex — Taupe P-86 (beige/cream)) Trim, Fascia & Balusters Dunn Edwards — Swiss Coffee — SP 836 (white) Exterior Door Dunn Edwards — Ash Grey — SP 40 (grey) The proposed architectural style, colors and materials are compatible with other homes in the tract. Also, the proposed residence is consistent in size with other homes surrounding the project site as well as within "The Country Estates". The proposed residence will have two floors as delineated in Exhibit "A". There are a total of five bedrooms, a kitchen with dirty kitchen and pantry, morning room, family room with wet bar, dinning room, living room, foyer, six bathrooms, library, reading alcove, exterior balconies and four car garage which staff believes will provide adequate parking. D. Covenant and Agreement: As with many previously approved projects, the homeowner of the subject project is required to complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form provided by the City. This requirement is a condition within the attached draft resolution. The covenant must be completed and recorded with the Los Angeles County Recorder's Office prior to the issuance of any City permits. E. Grading/ Retaining Wall: The buildable pad was created with the tract's original grading. However, the applicant desires to extend the pad approximately 12 feet for 40 linear feet by building a retaining wall with an exposed height of seven feet that will cut into the rear slope. Walls of this nature have been approved in the past in this tract for the same purpose. If the proposed retaining wall causes 50 cubic yards or more of grading, a grading permit will be required. However, a fine grade/drainage plan will be required. F. Landscaping: The purpose 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). Therefore, landscaping and irrigation are an integral part of the' development project. DR 2005-28/MCUP 200513 Pd6e4 A landscape/irrigation plan was not submitted with this project's application. The applicant will be required to submit landscape/irrigation plan at a later date, reflecting the landscaping guidelines and restrictions set forth by Tract Map No.48487 for the City's review and approval. The landscape/irrigation plan shall delineate the plant species, size, quantity and location for City's review and approval within 60 days of this project's final inspection and installation within six months. Driveway material and color shall be incorporated in to the landscape plan. G. Buyers' Awareness Package: A condition of approval for Tract No. 48487/Parcel Map No. 26235 requires the preparation of a "Buyers' Awareness Package" by the seller of the property for the future buyer. This package addressed issues related to property geology, wildlife corridors, tree preservation, existence and constraints of Significant Ecological Area No.15 and Tonner Canyon, property restrictions and similar related matters. The applicant is required to deliver the Buyers' Awareness Package to the buyer, where the buyer sign a receipt acknowledging that they have received and read the package. To insure this process the applicant is required to forward the receipt to the City, prior to the issuance of a Certificate of Occupancy H. Minor Conditional Use Permit: For this project, the garage will be setback more than 24 feet and the proposed driveway is approximately 33 feet wide at the street property line, which exceeds the maximum standard of 14 feet. Therefore, a Minor Conditional Use Permit approval is required. Wider and circular driveways are not uncommon within this gated community because the lots are wider and can accommodate this type of driveway and garages are larger. Additionally, the fire department requires that the proposed construction must be within 150 feet of a vehicular access driveway that is minimum 20 feet wide. Additional Review: The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached draft resolution. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is within the scope of the previously certified Master Environmental Impact Report No. 91-2 for Tract Map No. 48487 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated there under, Section 15162 (a) of Article 11 of the California Code of Regulation. Therefore, no further environmental review is necessary. DR 2005-28/MCUP 200513 Page 5 NOTICE OP PUBLIC HEARING Notice forthis project was published. in the Inland Valley Bulletin and the San Gabriel Valley Tribune on September 16, 2005.Public hearing notices were mailed to approximately 72 property owners within a 500 -foot radius of the project site on September 13, 2005. Furthermore, the project site was posted with a display board and the public notice was posted in three public places by September 15, 2005. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2005-28, Minor Conditional Use Permit No. 2005-13, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: h4 J. Lungu, Asd6ciate P, Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, elevations, and colors and materials board dated September 27, 2005; 3. Covenant and Agreement to Maintain a Single Family Residence; and 4. Aerial. DR 2005-28/MQU-P 200.5-13 Page 6 0 PLANNING COMMISSION RESOLUTION NO. 2005 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-28 AND MINOR CONDITIONAL USE PERMIT -NO. 2005-13, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH, AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY 12,400 SQUARE FEET AND A DRIVEWAY WITH AN ACCESS POINT OF 33 FEET WIDE AT THE STREET PROPERTY LINE. THE REQUEST ALSO INCLUDES A RETAINING WALL WITHIN REAR OF THE EXISTING PAD NOT TO EXCEED AN EXPOSED HEIGHT OF SEVEN FEET. THE PROJECT SITE IS LOCATED AT 2855 OAK KNOLL DRIVE (LOT 14, TRACT 48487), DIAMOND BAR, CALIFORNIA. 1. The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2005-28 and Minor Conditional Use Permit No. 2005-13 for a property located at 2855 Oak Knoll Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Application." 2. On September 13, 2005, public notices were mailed to 72 property owners within a 500 -foot radius of the project site. On September 15, 2005, the public notice was posted in three public places and the project site was posted with a public notice display board. On September 16, 2005, notification. of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On September 27, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract No. 48487 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environment review is necessary. 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 the 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, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: a. The project site is located at 2855 Oak Knoll Drive (Lot 14 of Tract 48487), Diamond Bar, California adjacent to The Country Estates. It is part of a 15 -lot subdivision with graded buildable pads approved by the City Council on October 20, 1995. b. The project site is a vacant irregular shaped lot. It is rough graded with a flat pad in the front half of the lot while the rear half slopes down from the rear property line to the rear edge of pad. According to the parcel map, the project site is approximately 1.22 gross acres (52,983 gross square feet) with a graded pad area of 0.52 acres (22,570 square feet). There are easements for slope and drainage maintenance within the rear portion and easements for street, utilities and storm drain purposes within the front portion of the project site. Outside the pad and on the rear slope is natural vegetation, which is the required re -vegetation landscape mitigation plan, approved for Tract Map No. 48487. (c) The General Plan land use designation for project site is Rural Residential (RR) Maximum 1 DU/AC and zoning designation is Single Family Residence -Minimum Lot Size 20,000 square feet (R -1- 20,000). R-1-20,000). 2 (d) Generally, the*following zones surround the project site: to the north, south, east and west is the R-1-20,000. (e) The application is a request for approval to construct a two-story single-family residence of approximately 12,400 square feet including balconies, porch and attached four -car garage. The application request also includes a retaining wall in the rear yard not to exceed an exposed height of seven .feet. The Minor Conditional Use Permit request is for approval to construct a driveway (33 feet wide) wider than the maximum 14 feet allowed at the street property line. DEVELOPMENT REVIEW (f) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. Originally, Tract Map No. 48487 was an approved Vesting Tentative Tract Map in June 1992. At that time, the City was operating under a draft General Plan. The General Plan was adopted on July25,1995 and the Final Tract Map No. 48487 was approved on October 20, 1995. Howeve,r Vesting Tentative Tract Map No. 48487 was designed at 25 percent below the maximum allowable density and has an overall average density of 1.33 dwelling units per acre which complies with the land use designation of Rural Residential (Maximum 1 DU/AC) identified in the adopted General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the City's Design guidelines. The project is consistent with the Tract Map's Development Standards and the City's Development Code where applicable. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within Tract No. 48487 and the surrounding area. There is no specific or additional community planned development for the site. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. Tract Map No. 48487s Master Environmental Impact Report No. 97-1, certified by the City, addresses the design and layout of the neighborhood and the flow of pedestrian and vehicular traffic. The 3 project site is an undeveloped lot within an approved tract designed for single-family homes. Oak Knoll Drive and access roads in the vicinity, Wagon Train Lane and Steeplechase Lane, adequately serve the project site. These 'private streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards, (h) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The architectural style, as described by the applicant, is Mediterranean. Architectural features include front entry with quoins as an accent, window arrangement and style, balconies roof articulation and varying planes at each elevation. A variety of building materials in earth tone colors are proposed as follows: Roof Eagle - Mission Santa Cruz — SMC 8402 (red blend) Stucco Merlex — Taupe P-86 (beigelcream)) Trim, Fascia & Balusters Dunn Edwards — Swiss Coffee — SP 836 (white) Exterior Door Dunn Edwards — Ash Grey — SP 40 (grey) The proposed architectural style, colors and materials are compatible with other homes in the tract and harmoniously blend into the overall streetscape. Also, the proposed residence is consistent in size with other homes surrounding the project site as well as within "The Country Estates" Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in the above Findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the 51 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. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single-family residence. (j) 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. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, the terrain in the vicinity of Oak Knoll Drive is hilly. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. (k) 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 consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map Nos. 48487, 47850 and 47851 according to the California Environmental Quality Act of 1970 (CE0A) and guidelines promulgated there under, pursuant to Section 15162(a) of Article 11 of the California Code of Regulation. No further environmental review is necessary. MINOR CONDITIONAL USE PERMIT (1) The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; As stated in Findings (f) through (i) above, the proposed single-family use is allowed within the RR zoning district and complies with all applicable Development Code standards for that zoning district and development standards set forth in the approval of Tract Map No. 48487. 5 Pursuant to Development Code Section 22.30.080(5), driveway widths greater than allowed for a single-family use requires the approval of a Minor Conditional Use Permit., Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard. Driveways that provide access to garages, having a setback greater than 24 feet from the street property line shall have a minimum width of 10 feet and a. maximum width of 14 feet at property line. For this project, the garage will be setback more than 24 feet and the proposed driveway is approximately 33 feet wide at the street property line, which exceeds the maximum standard of 14 feet. Therefore, a Minor Conditional Use Permit approval is required. Wider and circular driveways are not uncommon within this gated community because the lots are wider and can accommodate this type of driveway and garages are larger. Additionally, the fire department requires that the proposed construction must be within 150 feet of a vehicular access driveway that is minimum 20 feet wide for fire fighting equipment. The proposed use is consistent with the General Plan and any applicable specific plan; As stated in Finding (f) above, the proposed use is consistent with the General Plan and there is not applicable specific plan. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As stated in Findings (f),. (g) and (h), the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity, (o) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; As stated in Findings (f), (g, (h) (j) and (k), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints,, 101 (p) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and Soils report, Fire Department requirements and approval, structural plan check, City permits and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located (q) 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 consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map Nos. 48487, 47850 and 47851 according to the California Environmental Quality Act of 1970 (CEOA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code* of Regulation. No further environmental review is necessary. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated September 27, 2005, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. it shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) 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. The fence shall remain at the. buildable pad's edge to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. PLANNING Division (d) Prior to the issuance of any City permits, the applicant shall submit to the City a copy of the signed receipt by the buyer verifying receipt of the "Buyers' Awareness Package" and that the buyer has read the information within the package. (e) Prior to the issuance of any City permits, the applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division. (f) Within sixty days of the Certificate of Occupancy, the applicant shall submit a landscape/irrigation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 48487 and delineate the type of planting species, size, quantity and location. The landscape plan shall include the driveway detail delineating pattern, color and material. The landscape plan shall show that 50 percent of the front yard area will be landscaped. Landscaping and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. (g) Driveway access point shall not exceed a 33 foot width at the street property line adjacent to the Windmill Drive. (h) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements. (i) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (j) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. PUBLIC WORKS Division (k) Prior to 'plan check submittal to the Building and Safety Division, the applicant -shall submit an updated geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, for review and approval by the City. (1) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the retaining wall and elevations of the top of wall/footing and finished grade on both sides of the retaining wall. Additionally, surface water shall drain away from the building at a 2% minimum slope. (m) Applicant shall provide service connections for water, sewer, gas, electric, etc. (n) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with. the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study. (o) Rough and final grade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering and Building & Safety Divisions prior to placement of concrete pads and the issuance of any final inspections respectively. (p) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after September 15, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. 9 (q) If applicable, the applicant. shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (r) Finished slope shall conform to City Code Section22.22.080 — Grading. BUILDING AND SAFETY (s) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements and shall comply with energy conservation requirements of the State of California Energy Commission. (t) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature. (u) The single-family structure is located in "High Hazard Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (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 nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (v) 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. (w) Grading plan shall clearly delineate all finished elevations, drainage, retaining wall location, top of wall, top of footing, and finished grade on both sides of the wall and retaining wall calculations. (x) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval. HIN (x) This approval is valid for two .(2) years and shall be exercised (i.e., construction) within that period or this approval shall expire. A one- (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning. Commission will consider the extension requestat a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) This approval 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 this approval, 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 approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Windmill Estates, LLC, owners, and applicant, Richard Gould, at 2632 W. 237th Street, #201, Torrance, CA 90505. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M-5 Joe McManus, Chairman is I, Nancy Fong, Acting 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 27th day of September, 2005, by the following vote: FAV . jy'.�Mv AYES: NOES: ABSENT: ABSTAIN: Nancy Fong, Acting Secretary 12 RECORDING REQUEST BY: City of Diamond Bar I WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive, Diamond Bar, CA 91765 For Recorder's Use MAINTAIN A SINGLE FAMILY RESIDENCE DEVELOPMENT REVIEW NO. 2005-281MINOR CONDITIONAL USE PERMIT NO. 2005-13 The undersigned hereby certify that is/are the owner(s) of the hereinafter described real property located at 2855 Oak Knoll Drive in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 14 of Tract No. 48487 Assessor's Book and Parcel Number APN 8713-021-029 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. az a STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of 2005 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 01819 01831 Scale 1:8844 (17,DD °O d m cn UI N Cr A) L -h O ✓� LA N O CJ1 W ;;s; 7- a Fa' •I _t I=s :{ ai aIN N i xs. n qgpg Iii; yf=q=2a��g75i4 3� a il- UN- i 63 i M s _ E s: 3si- °F aSt'-�'%aye;�{-�'�'�• Ii S`:gai YaT a a7 '3- a : 33i ti z3 5�{-sg3+aaa IMe 3)F3 is IEWIn f ii a 34 ssg; 3 fillz,'aiai i m 3 i. T2s i Sua� •s�7_a7 Eiji! a s a tf IMP o PROPOSED RESIDENCE FOR R GOULD & WSSOG. ING. r V TIEfM S. F=ISZ,A71. LOWER FLOOR PLAN CRYSTAL ROM ESTATES t a a a a a a ansnu. esrar� tns aux a�t� � ptuam owt as ,.cr:n,�,:,a�r.avoc� ww�c sn.z`�'.nioi�ne ,wv..nmo.wws <aa»avm .«ma�s,.cs PROPOSED RESIeNCE FOR * eaD&aSOO-ju, ryu ©oW3.mmAIJL _e »m _ _ ��7� PROPOSED RESIDENCE FOR IES RIGHT G� � _�* § {� ■ M a@uU&ASSOC. , INC. .2 .a . �eg77 A !§ƒ)K q !)k�m W . m: l� PROPOSED RESIDENCE FOR IES RIGHT G� � _�* § {� ■ M a@uU&ASSOC. , INC. OKA 0 0 LO 0 CQ W z z < z z < z CL 0 OJ 0 0 0 u LO 0 ui < C) C) Lli W C) 3: W c) Ute n C,4 0- > w -j IL Z D- JW 0-0 JZ IL J D- It C) w < D- z0 W— < 0 w < w w> W r) 0 W f— < z < 0 W F < < Ll C LO C) Cpm LL ,-1- w 2 w —J >- w 17. w -j a - C=) f)f 0 IL O� :2 0 DL co IL ry 0 C� a - �-- 0 t"Ca C) it 00 0 U- 0 z z - 1 0 w 0 LL w 0 Z a- Z-0 0 w z 0 LL W z o 0 LL z - T C) 0 F- - -i -j w -j OZ> Oz n � 0 f- 1 Z W OZ 0 0 w -j OZ> OOW Om p= 0 0 w p0 CD Qp JZ w EL W U) I- W il 0 co W U) 6: w W F, 0 ED < W i= 0 < c L b,c�` 4Z. > 0 < < H < 0 pyo 00 �- 0 0 0 C) * , : C:) CD Z 0� 0 F- Z 0 Z CO ZWW 0 Z C� -0 z U- C14 0- 00 LL z Cl) U z < (D z z < < LL z :5 QOM U - z LO W z < < (D z 0 c) z :D _j CL Z D Z w C) CL IL IL (D EL < 0- - < 3: w C/) D-:;� w IL 0- < 0 cy 0 w Z 00 0- < EL w Qpm 0- z 0- co < - a. 06 z 0< W U) ry W Cl) Co 0 z W w (Y < < Z w w z 'o _j W C� 0 < w G� W � < 0 w w z D z LL w o (D < Y ED ;:'215.-, LL -j Cl) z IL w 0 00 w j j LLJ < z ry U- > < W 0 w < w Y::�, IL w > U) 0 0 7-3 L.LO 0 L -C) 0) U) (J) 0 w 0 w C(). LO LO < o C\j r) C) z 0 CY) (Y) LO 0� co CO dN C\l 00 C\j 0 C\j w C� C\l C) C\4 (Y) U) v LL z LL Z < U) U- z U) y < C/) V -j < ry D co L6 I LO 0 - 0) C) 0 fl. I 00 1 CY) C\j LO M CD , CD C� (N CO C14 LI) CDN (,DO m C� 0 L6 0 CD 0 L6 cD 0 (D C) C) CD co C) :�,d) C5 0 LO 0 oo Lo CD (D L6 0 0 L6 C) CD — L6 CD 0 0 c, 4 0 Co Lo'L6 00 0 CD -05 5 C\J n 0 (D C) N 0 C\j C-4 Nn �,W;: 0 N C:, o n CD CD C\l N 7�; C\l clq C\l N Lj D C) C) C) C) D < N ry > Cl �E 0� ry C) C) C) > n < C) C) 00 N Cl) U) W U) W ay Z, z < E 0 (D w C: _0 Q) 0 5 4— C: 0 Z L) a) > U) (D U) W z > E :D 2!, < 0 w > LU n -Fa (n > w E 0 0 E U- (D z tf —E -r (D E a- E co n C:) 0 0 n U) < C� U CO -1 0 > < (D 0 w < 0 (D Q) CIO cu CL co H �T 0) L) 0 D� 0 U- 04 ti 00 (D E6 a) 1 w -- -r c: E < a- co > (1) C) r :D O.0 :D - Z U- 0 w = > (D (L z =; 3: .2 co V) 5 z < E -j F= 0 U,) 'Uc) U) >0' U) < 0 U) cu Z U) W C: - - 0 U) �o E Z. W < - cl a) .2 z D o (D (D z - F- a) Of < - 0 2 - U) CL < UJ > 0 -o o o uj Lu -F U) < -1 < 06 V) j IL W < ;�:- U) — < ED o W U) OKA z 0 z 0 n < Z 0 IL < Z 0 W w F- �- < w w m CL 2 0 '30 co 0 LL () z 0 Ll - 0 z U) z z LL LL < OZ OZ .0 0 Q 0 w w FL 0 0 < z z cy- (D �- 0 �- 0 z z U- z Fo < < O U) w ca Fy w C) w r U) U) LO CD co rl- CN 02 co U) < U') C) L6 C) C)LO CD < c F - z CD W z Ca ul > w n 0 a_ E co < C= D� CL D 0 LL a) CL — < -Fu a) Z ry CY) C: Oa`) z (D Z z E o ui m �� < i x < (D 0 0 N t 0 ❑ mz m m❑ -1� D m ° m m o N ' m o N O w O ma m ❑ o e N { m m ❑ ❑ ❑ p A v b � N o m m w o m m ❑ ❑ ❑ n K a Hi a w nM o +` o N 7 p 1E1 c 3 m m °. w m < m N T m m m C a n M T m a - C f N_ M + o m t-t�n 00. cEl .. nn� .. ' 0 z s Ll V El x 0 2 M El 1 L J ❑ mz m m❑ -1� D m ° m m o N ' m o N O w O ma m ❑ o e N { m m ❑ ❑ ❑ p A v b ro m n N o z m O m w o m m ❑ ❑ ❑ n K a Hi a w nM o +` o N ❑ R v w m p T c 3 m m °. w m < m N T m m m C a n M T m Customer Copy Label 11-B August 2000 Y J Customer Copy Label l l-8 August 2000 X $ zm O 0 SL:i o 'S g V 7 a® `m � mD p. oCL a Q m mQ. 0 > D El El 'U o Z •,� o ' o v :'I O J t 7 ❑ ❑ ❑ w z c7 O K I.... c Z ❑ ❑ ❑ 0 °a. N 3 v m ;V a » O 0 p❑ `N N (] C y f N NV M N 37 m n Q N N m J Customer Copy Label l l-8 August 2000 � mD m mQ. 0 > D o Z o ' o J Customer Copy Label l l-8 August 2000 Customer Copy Label 11-B August 2000 M :13 T M L N. 0 R 0 z S) U) L El@ r "I R.n ig Z I.., p 'A C, + �a .f r ' f� L ;__j Customer Copy Label 11-B August 2000 Rxm���ffl r STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On September 27, 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 22, 2005, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on September 27, 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 22, 2005, at Diamond Bar, California. Stella Marquez Community and Development Services Department gA\affidavitposfing.doc