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HomeMy WebLinkAbout10/11/2005 Next Resolution No. 2005-35 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday,October 11, 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.APPROVALOF 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 25, 2005. 5.OLDBUSINESS: None 6.NEW BUSINESS: None 7.PUBLIC HEARING(S): 7.1Development Review No. 2005-24/Minor Conditional Use Permit No. 2005- 14/Tree Permit No. 2005-08- In accordance to Code Sections 22.48.020. (a)(1), 22.56, 22.68 and 22.38, this is a request to construct an addition of approximately 3,080 square feet ofhabitable space, deck/balcony and two car garage to an existing single-family residence of approximately 3,446 square feet with an existing three-car garage. The Minor Conditional Use Permit is related to existing legal non-conforming front setback and residence height. The Tree Permit is related to the preservation/protection of oak trees. _________________________________________________________________________________________ OCTOBER 11, 2005PAGE2PLANNING COMMISSION _________________________________________________________________________________________ Project Address: 2606 Blaze Trail (Tract 30578, Lot 154) Property Owner: Mr. & Mrs. Tulsi Savani 2606 Blaze Trail Diamond Bar, CA 91765 Applicant: Mr. Simon Shum,S & W Development 20272 Carrey Rd., Walnut, CA 91789 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2005-24/Minor Conditional Use Permit No.2005-14/Tree Permit No. 2005-08, 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. 10.SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING:Tuesday,October18, 2005 - 6:30 p.m. SCAQMD/Government Center - Auditorium 21865 Copley Drive PLANNING COMMISSIONTuesday,October25, 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 _________________________________________________________________________________________ OCTOBER 11, 2005PAGE3PLANNING COMMISSION _________________________________________________________________________________________ 11.ADJOURNMENT: P'LANNING COMMISSION FILE COPY October 11, 2005 7:00 P.M. 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 file in the Planning Division of the Dept of Community & Development Services, located at 21825 Copley Drive, and are available for public inspection. if you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting must inform the Department of Community & Development Services at (909) 839-7030-a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled cycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony hated on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(cD-ci.diamond-bar.ca.us Next Resolution No. 2005-35 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, October 11, 2005 AGENDA CALL TO ORDER: 7:00 p.m. 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 recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: September 25, 2005. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Development Review No. 2005-24/Minor Conditional Use Permit No. 2005- 14/Tree Permit No. 2005-08 - In accordance to Code Sections 22.48.020. (a)(1), 22.56, 22.68 and 22.38, this is a request to construct an addition of approximately 3,080 square feet of habitable space, deck/balcony and two car garage to an existing single-family residence of approximately 3,446 square feet with an -existing three -car garage. The Minor Conditional Use Permit is related to existing legal non -conforming front setback and residence height. The Tree Permit is related to the preservation/protection of oak trees. Project Address: 2606 Blaze Trail (Tract 30578, Lot 154) OCTOBER 11, 2005 A a W PAGE 2 PLANNING COMMISSION Property Owner: Mr. & Mrs. Tulsi Savani 2606 Blaze Trail Diamond Bar, CA 91765 Applicant: Mr. Simon Shum, S & W Development 20272 Carrey Rd., Walnut, CA 91789 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2005-24/Minor Conditional Use Permit No. 2005-14/Tree Permit No. 2005-08, Findings of Fact, and conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future Proiects. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Tuesday, October 18, 2005 - 6:30 p.m. SCAQMD/Government Center - Auditorium 21865 Copley Drive Tuesday, October 25, 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 DDRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 27, 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 Torng led the Pledge of Allegiance. Present: Chairman Joe McManus; Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng. Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Acting City Attorney; Ann Lungu, Associate Planner; Linda Smith, Development Services Associate; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: - None Offered 3. APPROVAL OF AGENDA- As Presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 13, 2005. C/Nolan moved, VC/Low seconded to approve the Regular Meeting Minutes for September 13, 2005, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None Nolan, VC/Low, Torng, Chair/McManus None Lee None "RAFT SEPTEMBER 27, 2005 Page 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): 7.1 DEVELOPMENT REVIEW 2005-25 and MINOR CONDITIONAL USE PERMIT NO. 2005-12 - In accordance with Development Code Sections 22.48, 22.56 and 22.68, this was a request to remodel and construct an approximate 900 square foot single story addition at the rear of the existing 1;552 livable square foot, two story legal non -conforming single family residence with a two car garage. A Minor Conditional Use Permit approval was to allow the continuation of legal non -conforming front yard setback distances. PROJCECT ADDRESS: 24249 Seagreen Drive (Lot 17, Tract 33020) Diamond Bar, CA 91765 PROPERTY OWNER/ APPLICANT: Patricia Covarrubias 24249 Seagreen Drive Diamond Bar, CA 91765 DSA/Smith presented staffs report and recommended Planning Commission approval of Development Review 2005-25 and Minor Conditional Use Permit No. 2005-12, Findings of Fact, and conditions of approval as listed within the resolution. VC/Low asked if the 40 foot setback extended to the wrought iron fencing or to the bottom of the slope. DSA/Smith responded that it was measured to the property line. VC/Low asked if the subject location on the revised plan vicinity map was indicated on the wrong side of the street and DSA/Smith agreed that it was. Chair/McManus noted that the applicant was not present. DSA/Smith informed the Commissioners that the applicant/owner was on vacation. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Nolan moved, VC/Torng seconded, to approve Development Review No. 2005-25 and Minor Conditional Use Permit No. 2005-12, Findings of Page 3 PLANNING COMMISSION Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Torng, Lee, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2005-28 and Minor Conditional Use Permit No. 2005-13 - In accordance with Development Code Sections 22.48.020(1), 22.30.080(5) and 22.56.010, this was 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 included a retaining wall in the rear yard with a maximum exposed height of seven feet. The Minor Conditional Use Permit was for a driveway wider than the maximum 14 feet allowed at the street property line. PROJECT ADDRESS: 2855 Oak Knoll Drive (Tract Map No. 48487, Lot 14) Diamond Bar, CA 91765 PROPERTY OWNER/ Windmill Estates, LLC APPLICANT: 2632 W. 237th Street Torrance, CA 90 505 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2005-28 and Minor Conditional Use Permit No. 2005-13, Findings of Fact, and conditions of approval as listed within the resolution. VC/Low pointed out that the matrix and draft resolution contained inconsistencies. AssocP/Lungu responded that the motion should be in accordance with the figures contained in the matrix — 91,539 square feet and 2.10 acres with a pad area of 18,449 square feet. C/Nolan asked if it would be possible for staff to update the aerials. AssocP/Lungu explained to VC/Torng that the landscape plan would have to comply with the mitigation measures for the original Tract Map. The landscaping has to be confined to the pad area and not extend into the slope drainage easement. When plans are submitted to staff they will be reviewed SEPTEMBER 27, 2005 Page 4 PLANNING C0MMISS11011 for ' compliance. ICDD/Fong said that typically, staff would review the landscape and irrigation plan and JCC had established a track record of providing the landscape* plan and installation after occupancy release. —I Obviously it would have to meet the mitigation that was part of the approval for the entire tract. C/Lee asked if staff felt there was a foreseeable impact to the driveway area by extending it from 14 feet to 33 feet. ICDD/Fong responded that this lot was large and had a wide street frontage. Therefore, it was reasonable for the driveway width to be increased and it would not create any significant impact to traffic and safety. Typically, larger homes such as the subject property have four car garages requiring a wider driveway to safely ingress and egress the site. The code allows for a 14 -foot driveway that limits the amount of hardscape within the front yard area. The Minor Conditional Use Permit process allows the City to take into consideration several factors including street frontage width, fire department requirements, safety and traffic concerns and conditions applied through the MCUP process run with the land. C/Nolan pointed out that the Commission has the authority to grant changes on a case-by-case basis and it is up to the Commission to determine whether the request is reasonable. Accordingly, if a property owner requested a 30 - foot driveway on a 60 -foot frontage it is unlikely that the Commission would approve such a request. VC/Low explained that the process of applying for a Minor Conditional Use Permit was open to anyone and that the 14 -foot requirement was a minimum standard. C/Lee said that a deviation of the Code made sense to him. However, in his opinion, a conditional use permit was different. If there were no standards by which to determine whether the Commission should grant approval the decision would be based on the Commissioners' personal concepts and such a decision could be problematic. ACA/Wohlenberg explained to C/Lee that this was a discretionary process as opposed to one being granted by right and that everyone had a right to have a driveway that was 14 feet wide. If a property owner wanted to exceed the 14 feet it would require the discretion of staff and/or the Commission to review and act upon the application. SEPTEMBER 27, 2005 Page 5 PLANNING COMMISSION Kurt Nelson concurred with staffs report and said he believed the owners of this home would do a much better job with the landscaping than would JCC. He thanked staff and Commission for making his job easier. This was the last of more than 120 homes JCC had developed through three phases and he had enjoyed coming to Diamond Bar and coming before the Commission. He and his partners appreciate the Diamond Bar staff and their courtesy and respect and will miss Mr. DeStefano a great deal. He hoped that within the next six months he would be before the Commission with the South Pointe West project. He said that his partners asked him to express their gratitude and point out that this had been a very nice City in which to conduct business. VC/Low asked if Mr. Nelson and his partners would be willing to set aside funds to support an art project in one of the city parks. Mr. Nelson said he would be in favor of supporting such a project and he invited VC/Low to call him with a reminder. One of the benefits of JCC building the South Point West project is that a park known as "Larkstone" park would finally come to fruition and if there were an appropriate location for an art element the Parks and Recreation Department should be brought into the discussion because discussions regarding the park plan were currently in the planning phase. C/Nolan told Mr. Nelson it had always been a pleasure to have him come before the Commission and that the quality of JCC's work had been tremendous. C/Torng felt that Diamond Bar was lucky to have JCC develop property in the city. He said he lived very close to the South Pointe West project and was very happy that there would be a Larkstone Park. He was also pleased that Mr. Nelson gave staff very high marks because it made the approval process much easier for him. Chair/McManus said that in dealing with many builders in the community none had exceeded the high standards of JCC. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Torng moved, C/Nolan seconded, to approve Development Review No. 2005-28 and Minor Conditional Use Permit No. 2005-13, Findings of SEPTEMBER 27, 2005 Page 6 PLANNING COMMISSION Fact, and conditions of approval as listed within the resolution subject to the square footage measurements found within the matrix. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Torng, Nolan, Lee, VC/Low, Chair/McManus None None 8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: Chair/McManus welcomed C/Lee to the Commission. C/Lee said he was very excited to serve on the Commission because he was learning new things and it was a new experience for him. He said he would learn everything possible about the job so that he could best serve the applicants and residents as well as the city. He said he intended to conduct himself based on two important principles: To respect and protect the rights of private ownership and to make his decisions for the benefit of the majority of the people and he prefers that the Commissioners act as a cohesive body free of argument for the good of all residents and applicants. C/Torng said he enjoyed his tour of the city with Mr. DeStefano and ICDD/Fong. He was pleased to learn that the city had major ongoing projects. As previously mentioned he lives close to the South Pointe West project and reiterated how happy he was that there would be a park in his neighborhood. He thanked ICDD/Fong for her help in making him more aware of what was happening in the city. He welcomed C/Lee to the Commission. He wanted to be sure that staff would allow him the opportunity to participate in the upcoming Planning Commissioners Seminar. He is also participating in the S * an Gabriel Valley Leadership Seminar and finds it very interesting and informative. C/Nolan thanked ICDD/Fong for staffs efforts regarding the Diamond Bar Village . project. He informed staff that a couple of the homes adjacent to the project on Seagreen appear to have code violations i.e., cars parked on lawns. Yesterday he participated in a fundraiser sponsored by the Diamond Bar Chapter of Champ Camp headed by Ken Hewitt. Each year the chapter raises money to send young burn victims to a week at camp. Yesterday the chapter raised about $30,000. It costs about $600 per kid to attend the camp. SEPTEMBER 27, 2005 . Page 7 PLANNING COMMISSION VC/Low thanked ICDD/Fong for providing the very helpful and very well done status report to the Commission. About a year ago there was a home in her neighborhood that had numerous code violations and she was happy to report that the lawn looks like a lawn and the property looks like every other property in the neighborhood. She thanked code enforcement and other staff whom helped make it possible. She welcomed C/Lee to the Commission. Chair/McManus congratulated ICDD/Fong. ICDD/Fong thanked Chair/McManus and said she had big shoes to fill, that she missed Jim DeStefano already and that she hoped to see him at the ICSC Conference in Palm Springs tomorrow. Chair/McManus said that while the Commissioners also missed Jim DeStefano they were in full support of ICDD/Fong. Chair/McManus thanked VC/Low for asking Mr. Nelson to contribute art at the new park. JCC is a very good and cooperative builder. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 9.2 Status of approved projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 8:00 p.m. Respectfully Submitted, Nancy Fong Interim Community Development Director Attest: Joe McManus, Chairman AGENDA REPORT CITY OF DIAMOND BAR -21825 COPLEY DRIVE - DIAMOND BAR, CA91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER. rl, I , MEETING DATE: October 11, 2005 REPORTDATE: September 28, 2005 CASE/FILE NUMBER; Development Review 2005-24/Minor Conditional Use Permit No. 2005-14/ Tree Permit No. 2005-08 PROJECT LOCATION: 2606 Blaze Trail (Tract 30578, Lot 154) Diamond Bar, CA 91765 APPLICATION REQUEST: Approval to construct an addition of approximately 3,080 square feet which includes habitable space, deck/balcony and two -car garage to an existing single- family residence of approximately 3,446 square feet with a three -car garage, The approval request also includes the following: A Minor Conditional Use Permit to maintain the legal non- conforming front yard setback and building height; and a Tree Permit tc protect existing oak trees. PROPERTYOWNER- Mr. and Mrs. Tulsi Savani 2606 Blaze Trail Diamond Bar, CA 91765 APPLICANT- S & W Development 20272 Carrey Road Walnut, CA 91789 STAFF RECOMMENDATION: Approve Development Review No. 2005-24, Minor Conditional Use Permit No. 2005-14 and Tree Permit No. 2005- 08. WWTO'• � The project site is located at 2606 Blaze Trail (Lot 154, Tract No. 30578) within a gated community identified as "The Country Estates". The project site is triangular shaped and descending in elevation toward the rear property line. According to the tract map, the project site is approximately 0.92 gross acres (0.81 net acres) and does not have any easements, flood hazard or restricted use areas. General Plan and Zoning: The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and zoning designation of Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000). Generally, to the north, south and east is the R-1 - Pri nnO 7on'e- and 'to 'the west is the Single Family Residential -Minimum Lot Size 40,000 square feet (R-1-40,000) zone. ANALYSIS: A. Development Applications/Review Authority The proposed project consists of three applications, Development Review, Minor Conditional Use Permit and Tree Permit. .Per Development Code Section 22.48.020. (a)1, a Development Review application is required for the design review of a custom home on a vacant parcel. 2. Per Development Code Section 22.56.020. (2) and 22.68, 030, the Minor Conditional Use Permit application is required for the expansion of a legal non -conforming structure. In this case, the existing residence is legal non -conforming due to the front yard setback and building height. 3. Per Development Code Section 22.38, a Tree Permit application is required to ensure the protection of existing oak trees at the project site. The Development Code requires all applications to be processed simultaneously and reviewed by the highest review authority. Since Planning Commission is the highest review authority for the Development Review application, the Minor Conditional Use Permit and Tree Permit applications will also be reviewed by the Planning Commission. B. Development Review The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process also ensures that DR 200524/MCUP 2005-14/TP 2005-08 Page 2 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 R-1-20,000/RR zoning district. Development Feature RR Zoning District Requirements Proposed Meet Requirement Yes (existing parcel Minimum Lot Area 40,000 square feet. .92 gross acres (.81 established prior to net acres) adoption of the General Plan) Residential Density 1 Single -Family Dwelling 1 Single -Family Dwelling Yes Unit Unit Front yard setback 30 feet 21 feet No* Side yard setback (each) 10 & 15 feet 12 & 38.75 feet Yes 25 feet 200+ feet Yes Rear setback 35 feet from natural or Existing - 49 feet from No Building height limit finished grade grade (maximum) Separation between adjacent residential 25 feet 28.5 and 90 feet Yes structures Lot coverage 30 percent (maximum) 16 percent Yes Per Chapter 22.24; Approximately 77% of front yard will be Landscaping 50 % of front yard shall landscaped Yes be landscaped 2 car garage fully One three -car & one two- Yes Parking enclosed (minimum) car garage, both attached *Legal Non -conforming. DR 2005-24/MCUP 2005-14/TP 2005-08 P,6e 3 1 . Architectural Features/Floor Plan Layout The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically *pleasing site planning, building design, and landscape architecture. Additionally, a primary objective is to promote compatibility with adjacent uses in order to minimize any potential negative impacts. In this case, the proposed project is a single-family residence to be located among other single- family homes of comparable size. The existing two-story residence has four bedrooms, four bathrooms, family room, study, study, kitchen with nook, foyer, living room, dinning rooms, laundry room and attached three -car garage. The proposed addition will enlarge the kitchen, extend the foyer and provide a new A I^- +I,- or4r4itinr-i Mill or entry, two -car garage anud 'Dalcony/dteuckl. L11U _eafiea a bedroom, bathroom, den, exterior balcony and storage area, thereby creating a basement of which a portion is considered a guest house in an existing area below the ground floor. The existing architectural style is Tudor and will be maintained. The colors and materials used for the proposed addition will match the existing. Stone veneer that matches the existing will be added to the new front entry and rear and side elevations along with foam molding to decrease the massiveness and monotony of the existing blank walls. The architectural style, materials, colors and size of the residence with the proposed addition is consistent with other homes surrounding the project site as well as within "The Country Estates". The applicant has obtained "The Country Estates" Architectural Committee approval for this project. 2. Guest House A guest house (detached, attached or within) is allowed in the RR zoning district. Development Code Section 22.42.060 sets forth development standards for this use. The proposed guest house will be located in the new basement level of the existing residence. It will comply with the specified development standards listed in the referenced code section. These standards related to the following: Development Code Standard Proposed Meets Requirement One per parcel (guest house/second unit) One Yes Location - rear portion of parcel Within rear portion of residence Yes Minimum lot size - 10,000 sq. ft. 40,075 sq. ft. Yes Minimum pad area - 8,000 sq. ft. Approximately 14,000 sq. ft. Yes DR2005-24/MCUP2005-14/TP2005-08Pd6e 4 Development Code Standard Proposed Meets Requirement Maximum floor area — 900 sq. ft. for parcels greater than 20,000 sq. ft. 894 sq. ft. Yes Architectural compatibility to main residence Located within main residence Yes Setbacks — same as main residence Located within main residence Yes Utilities - common to/dependent on main residence common to/dependent on main residence Yes Kitchen - prohibited None Yes Rental/Subdivision prohibited Covenant & Agreement sign and recorded by the property owner Yes The proposed guest quarters will comply with all development standards listed in Development Code Section 22.42.060. 3. Grading/Drainage The applicant will be moving less than 50 cubic yards of earth. Therefore, a grading plan and grading permit are not required for this project. Additionally, the drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance. Surface water shall drain away from the building at a 2% minimum slope. 4. 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. A landscape plan was submitted with this project's application, but it is incomplete. The applicant will be required to submit a final landscape/irrigation plan prior to the issuance of any City permits. The final landscape plan is required to include plant species, location, size and quantity. For this project, it is required that the proposed landscaping for the rear slope include trees, shrubs and vines to reduce the view impact of the rear portion of the lot and to stabilize the rear slope. All landscaping and irrigation shall be installed prior' the final inspection and Certificate of Occupancy. DR 200524/MCU-P 2005-14/TP 200508 Page 5 C. Minor Conditional Use Permit/Legal Non -Conforming: The existing residence is considered legal non -conforming due to its front yard setback and height. The residence was built in 1986 under Los Angeles County jurisdiction. At that time, the minimum front setback was 20 feet and the height of a residence was measured from the average finished grade. Pursuant to Development Code Section 22.56.020, a Minor Conditional Use Permit may be granted for the expansion of a legal non -conforming structure, either within the existing perimeter of the structure or on adjoining portions of the project site in conformance with Development Code Section 22.68.030. Pursuant to the referenced code sections, the proposed addition does not encroach further into the front setback than the existing residence. The existing residence maintains a minimum front setback of 21 feet and the proposed garage addition will maintain a 24 ' foot front setback. The proposed addition of habitable space and balcony deck will not exceed the maximum allowable height of 35 feet and therefore, does not increase the height of the existing residence. As such, staff SUDDorts the request of a Minoir Conditional Use Permit. D. Trees Permit The City's Development Code protects oak, walnut, sycamore, and willow trees and pepper trees where feasible with a trunk diameter of eight inches or greater at breast height (DBH) located on properties of more than one-half ,acre. The project site is approximately 0.92 gross acres and contains several clusters of oak trees with trunks eight inches or greater at DBH. Pursuant to Development Code Section 22.38, the applicant is requesting to preserve the oak trees. As a result, the applicant will be required to install chain link fencing, minimum five feet high, at least five feet outside the drip line of all oak trees near the construction area and shown on the site plan of Exhibit "A". The applicant will be required to provide a revised site plan delineating the location of the trees and protective fencing for Planning Division review and approval. The fencing shall be installed by the applicant and verified by a City inspector prior to the issuance of any City permits and shall remain until final inspection occurs. E. Additional Review: The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached draft resolution. 1-2-Mvill Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e) (addition to an existing one single-family residence), the City has determined that this project is Categorically Exempt. R • M R-12 Notice for this project was published in the Inland Valley Bulletin and the San Gabriel DR 2005-24/MCUP 2005-14/TP 200508 Page 6 Valley Tribune on September 30, 2005. Public hearing notices were mailed to approximately 26 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places on September 28, 2005. Furthermore, the project site was posted with a display board on September 29, 2005. Staff recommends that the Planning Commission approve Development Review No. 2005-24, Minor Conditional Use Permit No. 2005-14, Tree Permit No. 2005-081*, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: - Ann J. Lungu, Associate Planner Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, elevations, sections, grading plan, landscape plan and colors and materials board dated October 11, 2005; 3. Covenant and Agreement to Maintain a Single Family Residence; and 4. Aerial. DR 2005-24/MCUP 2005-14/TP 200508 Page 7 Q 1I PLANNING COMMISSION 40*f, a RESOLUTION N0.2005 -XX 41pp A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-24, MINOR CONDITIONAL USE PERMIT NO. 2005-14, TREE PERMIT NO. 2005-08 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN ADDITION OF APPROXIMATELY 3,080 SQUARE FEET WHICH INCLUDES HABITABLE SPACE, DECK/BALCONY AND A TWO -CAR GARAGE TO AN EXISTING SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 3,446 SQUARE FEET WITH ATHREE-CAR GARAGE. THE APPROVAL ALSO INCLUDES MAINTAINING THE LEGAL NONCONFORMING FRONT YARD SETBACK .AND BUILDING HEIGHT AND THE PROTECTION OF OAK TREES. THE PROJECT SITE IS LOCATED AT 2606 BLAZE TRAIL (LOT 154, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. 1. The property owner, Mr. and Mrs. Tulsi Savani and applicant, S & W Development have filed an application for Development Review No. 2005-24, Minor Conditional Use Permit No. 2005-14, Tree Permit No. 2005-08 and categorical exemption for a property located at 2606 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On September 30, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On September 28, 2005, public hearing notices were mailed to approximately 26 property owners within a 500 -foot radius of the project site. On September 30, 2005, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 11, 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. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 0 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act- (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the proje ' ct proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon 'substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. A T Based on fhc, finrfinricz ::;nri r.nnr.hi_qinns set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 2606 Blaze Trail (Lot 154, Tract No. 30578) within a gated community identified as "The Country Estates". The project site is triangular shaped and descending in elevation toward the rear property line. According to the tract map, the project site is approximately 0.92 gross acres (0.81 net acres) and does not have any easements, flood hazard or restricted use areas. The project site is currently developed with a two-story single-family residence of approximately 3,446 square feet with a three -car garage, (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum I DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, to the north, south and east is the R-1-20,000 zone; and to the west is the Single Family Residential -Minimum Lot Size 40,000 square feet (R-1-4,0,000) zone. (e) The Application request is to construct an addition of approximately 3,080 square feet which includes habitable space, deck/balcony and a two -car garage to an existing single-family residence of approximately 3,446 square feet with a three -car garage, The approval request also includes the following: A Minor Conditional Use Permit to maintain the legal non -conforming front yard setback and building height; and a Tree Permit to protect existing oak trees. 9 Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). On July 25, 1995, 'the City adopted its General Plan. Although Tract No. 30578, Lot 154 (project site) was established prior to the City's incorporation and General Plan's adoption. Although the project site is 0.92 gross acres, and is considered a legal non -conforming parcel. The project site is developed with a two-story single-family residence of approximately 3,446 square feet with a three -car garage construction in 1986 under Los Angeles County jurisdiction. The proposed project consists of constructing an addition of approximately 3,080 square which includes habitable space, deck/balcony and a two -car garage. The proposed project will maintain the existing legal non -conforming front setback and building height. However, the proposed project meets all other development standards for the RR zoning district as prescribed in the Development Code. The proposed project is not unusual for 'The Country Estates" and is consistent with other development within this community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain its existing architectural style (Tudor) and construction materials and colors will match the existing residence which is compatible with the eclectic architectural style, colors and material of other homes within "The Country Estates". (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (0, the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed addition to the existing single-family residence is consistent with other single-family residences established within "The Country Estates" and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is 3 not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to -intensify the existing use to an extent that will create traffic or pedestrian hazards. Additionally, Blaze Trail adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are pn'.vate streets managed and maintained by the homeowners association within this gated community. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The architectural style of the proposed addition is Tudor and consistent with the existing residential structure on the profect site. This style is de Q AZ I f? Com"Pati"ble, vvith. Other.r.-si �Jl-�,­�S Mf;fAin 'Tbe Country E t t sdue to the — —.11 Ild, eclectic architectural style that is existing in this area. The compatibility of the proposed project with the existing residence is consistent with the City's Development Review Standards, *City Design Guidelines and City's General Plan. As a result, the proposed projectwill maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings (0, (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit 0 and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. Minor Conditional Use Permit (1) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; Pursuant to Development Code Sections 22.56.020 and 22.68.020 related to legal nonconforming structures applies to this proposed project due to the existing front yard setback and building height. The proposed residence was built in 1986 under Los Angeles County's jurisdiction which all a minimum front setback of 20 feet and a building height of 35 feet measured from the average finish grade. Measuring from the average finished grade allow parts of structure to be much taller than 35 feet since the average height was the standard. The project site is located within the R-1-20,000 zoning district, which equates to development standards listed in the Rural Residential zone. For this particular project, the required front yard setback is 30 feet. The existing residence's front yard setback varies from 21 to 23 feet Since this setback is existing, it will not be changed by the proposed garage which will maintain- a 24 foot front setback or the proposed entry which will maintain the 25.5 foot front yard setback. Additionally, the building is not changed due to the proposed addition. As a result, a Minor Conditional Use Permit approval is required. Staff believes that a 24 foot front yard setback will not create incompatibility with other residences in the neighborhood because front yard setbacks within 'The Country Estates" vary with 20 feet being the minimum requirement in past codes. The City's Development Code allows changes to or an expansion of a legal nonconforming structure if the exterior limits do not encroach further into the existing setback than the comparable portion of the existing structure. This is the case with the propo�ed project. 5 The proposed use is consistent with the General Plan and any applicable specific plan; As mentioned above in finding (0, the proposed project and its use as single-family residence is consistent with the General Plan in that the General Plan. The General Plan also requires maintaining the integrity of a single-family residential neighbor which the proposed project will do. There is no applicable specific plan for `The Country Estates". (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 referenced above in findings (0, (g), (h), (i) and (/), the design, location, size and operating characteristics of the proposed project are compatible with the existing and future land uses in the vicinity, (o) The subject sitei's phy icallivsuit suitable for the type and density/intensity of S La I - I r-%rrNViQirN&-% use bei, q poposed includling access, po ...... with adjoining land uses, and the absence of physical constraints; As referenced above in findings (0, (g), (h), (i) and (/), the design, location, size and operating characteristics of the proposed project are compatible with the existing and future land uses in the vicinity and the subject site is physically suitable to accommodate the proposed driveway as designed and located including access, provision of utilities., compatibility with adjoining land uses, and the absence of physical constraints. (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 As referenced in finding (/) above, granting the Minor Conditional Use Permit is required to maintain the existing legal nonconforming front yard setback and building height. The Public- Works Division has reviewed this project and the proposed garage for clear line of site and found it appropriate as designed and located. Therefore, granting a 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, (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, 0 the categorical exemption reflects the independent judgment of the City of Diamond Bar. Legal Non -Conforming: The addition to the non -conforming residence would not result in the structure becoming: Incompatible with other structures in the neighborhood; As referenced in the above Findings (0, (g), (h), (i) and (1), the proposed project will not be Incompatible with other structures in the neighborhood. (s) Inconsistent with the General 'Plan or any applicable specific plan; As referenced in above Findings (0, the proposed project will not be inconsistent with the General Plan. Additionally, there is ' no applicable specific plan for the area in which this project is located. A restriction to the eventual/future compliance with the applicable regulations of the Development Code; The proposed addition complies with a// development standards for the RR zoning district except of front setback. Front setback for the residence varies from 21 feet for the existing portion of the residence to 24 feet for the proposed garage. The proposed garage could meet the 30 foot front yard setback but a healthy cluster of oak trees exist behind the proposed garage. Locating the proposed garage 30 feet from the front property line would cause the removal of the beautiful oak tree cluster. Therefore, the garage setback of 24 feet from the front property line is appropriate due to the City's tree preservation/protection standards and not unusual for The Country Estates because many of the existing residences were built maintaining a 20 foot front yard setback. Additionally, the height of the addition complies with the current maximum* height of 35 feet from natural or finished grade. (u) Detrimental to the health, safety and general welfare of persons residing in the neighborhood; 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. Furthermore, the proposed addition does not change the height of the residence or allow a further encroachment into the front yard setback then the existing residence. IN (v) Detrimental and/or injurious to property and improvements in the neighborhood. The proposed addition to a legal non -conforming structure will not be detrimental and/or injurious to property and improvements in the neighborhood because the addition does not the increase the height of theresidence nor is will the addition maintain less of a front setback than the existing residence. The proposed addition has provided the opportunity to injurious to property and improvements in the neighborhood. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections and final landscape/irrigation plan collectively labeled as Exhibit "A" dated October 11, 2005, as submitted and approved by the Planning Commission., and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall °install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. PLANNING Division (d) Prior to the Plan Check submittal, the applicant shall submit a revised site plan delineating oak trees with protective fencing for the Planning Division review and approval. Prior to the issuance of any City permits, the applicant shall install protective fencing pursuant to Development Code Section 22.38. 140. (e) Guest house area within the basement level of the existing residence shall comply with Development Code Section 22.421.060. 1.1 (f) 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 City. (g) Prior to Plan Check submittal, the applicant shall submit a final land scape/irrigation plan for Planning Division review and approval. The final landscape plan shall include plant species, location, size and quantity. The plan shall also include landscaping for the rear slope that consists of trees, shrubs and vines to reduce the view impact of the rear portion of the lot and to stabilize the rear slope. All landscaping and irrigation shall be installed prior to final inspection and Certificate of Occupancy. (h) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements. The single-family residence shall not be used 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. The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence and Guest House" 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 walls and elevations of the top of wall/footing and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope. I (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) If more than 50 cubic yards of grading will occur (cut plus fill) than a grading plan prepared by a registered engineer in the state of California shall be submitted to the Public Works Division by the applicant prior to building plan check submittals. A geotechnical report shall be submitted concurrently with the grading plan. (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 October 1. through ADrii 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. (q) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (r) 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. (s) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature. (t) The single-family structure is located in "High Hazard Fire Zone" and shall meet the following requirements of that fire zone: V (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 %inch 10 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'/2 inch screen. (u) 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. (v) Grading/site 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. (w) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval. (x) Applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading into a sleep room. (y) Door between garage and the housed shall be 13/8 inch solid core door, self-closing. Walls between living space and garage shall be 5/8 type X. (z) 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 Development Code. (aa) 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: Mr. & Mrs. Tulsi Savani, 2606 Blaze Trail, Diamond Bar, CA 91765 and S & W Development, 20272 Carrey Road, Walnut, CA 91789 11 APPROVED AND ADOPTED THIS 11Th OF OCTOBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman 1, 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 11 th day of October 2005, by the following vote: ATTEST: AYES: NOES: ABSTAIN: ABSENT: Nancy Fong, Acting Secretary W RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive, Diamond Bar, CA 91765 COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE WITH GUEST HOUSE The undersigned hereby certify that Mr & Mrs. Tulsi Savani are the owners of the hereinafter described real property located at 2606 Blaze Trail in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as 'Lot 154 of Tract Map No. 30578 Assessor's Book and Parcel Number 8713-027-154 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, and that the guest house/ shall not be rented, leased or sold separate and apart from any remaining portions of the property or structure(s). This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. -2 a STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of 1 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. 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C? d co 0 C\j r*- 0 9 U'l U') C) 0 "ItL6 LO L6 C> C*4 ry N N N C14 < C) cl .0 c F - z > 0 W F- Z W w Z.m W >, < 0 E LLJ 0 E 0 r 0) 0 IR -J W CL E m < w CL -0: U- —1 LU CD 2 a z < o U- (L < C!) z > CD W.0 <f .0 - — :14 a d cn 0) 5". 0 25 D U) 15; CO 3f � 0 U) Z E z 0 w 3: g 06 z D 'n m < (D (D 0 Z -i z 3� < (D E 0 CLC U) U) X- Z=j N mAIL___ _ IIIA 11111111111111 IIIA 111111111111th 11111111111111111111 IIIA IIIA VIII UNITEDSTATES POSTAL SERVICE® POST OFFICE TO ADDRESSEE * E T 1 0 2 3 8 0 5 5 6 U s SEE REVERSE SIDE FOR C a SERVICE GUARANTEE AND INSURANCE COVERAGE LIMITS V `a❑ WAIVER.OF SIGNATURE (Domestic Only) Additional merohand(se insurance is void If waivsr of "signature is requested. l wi.h delivery to be made without obtetning signature of addressee or addressee's' agenY,Qf delivery,employeejudges that article can be left"in secure locagon) and I authorize thaYdelivery C. employee's signature constitutes vai(d probfof delivery. NO DELIVERY ❑Weekend'❑ Holiday . FROM:METHOD OF PAYMENT. Federal Agency Acct. No. or Express Mail Corporate Acct. NO. Postal Service Acct. No. 909 TO: ryn o( • I L1-1 F] El E.E] +`4' .-«:.S'.5._ ANEXPRESS UNITEDSTATE���LSERVICEG ®ST OFFICE TO ADDRESSEE PO ZIP Code PO ZIP Code Day, of Delivery Flat Rate Envelope ❑ Next . ❑ Second ❑ Date In Date In Postage Mo. Day Year ❑ 12 Noon ❑ 3 PM $ Time In Military Return Receipt Fee ❑ AM ❑ PM ❑ 2nd Day ❑ 3rd Day ❑ 2nd Day ❑ 3rd Day Weight int'i Alpha Country Code COD Fee Insurance Fee lbs. ozs. lbs. ozs. No Delivery Acceptance Clerk Initials Total Postage & Fees ❑ Weekend , ❑ Holiday ❑ Weekend ❑ Holiday Is SEE REVERSE SIDE FOR C a SERVICE GUARANTEE AND INSURANCE COVERAGE LIMITS V `a❑ WAIVER.OF SIGNATURE (Domestic Only) Additional merohand(se insurance is void If waivsr of "signature is requested. l wi.h delivery to be made without obtetning signature of addressee or addressee's' agenY,Qf delivery,employeejudges that article can be left"in secure locagon) and I authorize thaYdelivery C. employee's signature constitutes vai(d probfof delivery. NO DELIVERY ❑Weekend'❑ Holiday . FROM:METHOD OF PAYMENT. Federal Agency Acct. No. or Express Mail Corporate Acct. NO. Postal Service Acct. No. 909 TO: ryn o( • I L1-1 F] El E.E] +`4' .-«:.S'.5._ ANEXPRESS UNITEDSTATE���LSERVICEG ®ST OFFICE TO ADDRESSEE 1111 11111 11I1 1111 11I1 11 I I 1111111 I11 I �1 I I1 III �111 r NATURE me CUSTOMER USE ON Yr w 4z sx ,��`v T�-.p4`ss`n''..%.:Y.......a..-+�.rr,Jz��3°.r5:w I METHOD OF PAYMENT 7 -2. Federal Agency Acct. No. or Express Mail Corporate Acct. No. Postal Service Acct. No. • • TO: SA re J V ® 1:1 F �1-1� El r,�rsa1b�d �m �i -aase r nesttia x�t ?#1._3 N,MO,- �� p��b � gra � �� �O.R;Pi_.CK_U_.P OR TRACKING CACL�t=800=222 i81r1 vuww us s .Cott���� w��� x� PO ZIP Code Day of Delivery Flat Rate Envelope ❑ Next ❑ Second ❑ Date In Postage Mo. Day Year ❑ 12 Noon ❑ 3 PM $ Time In Military Return Receipt Fee ❑ AM ❑ PM ❑ 2nd Day ❑ 3rd Day Weight Inti Alpha Country Code COD Fee Insurance Fee lbs. ozs. No Delivery Acceptance Clerk Initials Total Postage & Fees ❑ Weekend ❑ Holiday i 1111 11111 11I1 1111 11I1 11 I I 1111111 I11 I �1 I I1 III �111 r NATURE me CUSTOMER USE ON Yr w 4z sx ,��`v T�-.p4`ss`n''..%.:Y.......a..-+�.rr,Jz��3°.r5:w I METHOD OF PAYMENT 7 -2. Federal Agency Acct. No. or Express Mail Corporate Acct. No. Postal Service Acct. No. • • TO: SA re J V ® 1:1 F �1-1� El r,�rsa1b�d �m �i -aase r nesttia x�t ?#1._3 N,MO,- �� p��b � gra � �� �O.R;Pi_.CK_U_.P OR TRACKING CACL�t=800=222 i81r1 vuww us s .Cott���� w��� x� CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On October 11, 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 October 6, 2005, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on October 11, 2005, was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Center 1600 Grand Avenue Diamond Bar, CA 91765 Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on October 6, 2005, at Diamond Bar, California. Stella Marquez Community andO-e—v�elopment Services Department gA\affldavitposting-doc