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.
Notary Public in and for said State
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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