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Home My WebLink About07/11/2006P LAN N I N G • AGENDA July 11, 2006 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA , 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 paper drinking in the Auditorium and encourages you to do the same Vice Chairman Steve Nelson Commissioner Ron Everett commissioner Kwang Ho Lee 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 paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act) ' , all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(a)-ci.diamond-bar.ca.us Next Resolution No. 2006-29 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, July 11, 2006 AGENDA CALL TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Vice Chairman Steve Nelson, Ron Everett, Kwang Ho Lee, 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 Speakers Card for the recording Secretary , (Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 .1 Minutes of Regular Meeting: June 27, 2006. 5. OLD BUSINESS: None 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7. 1 1 Development Review No. 2006-12/MCUP 2006-07 In accordance to Sections 22.48, 22.56, and 22.68 of the City of Diamond Bar Development Code, this is a request to construct an addition of approximately 2,163 square feet with patios, balconies approximately 464 square feet, and additional driveway parking to an the existing 2,601 square feet legal nonconforming single-family residence including the existing two -car garage. Project Address: 24418 Top Court Drive July 11, 2006 PAGE 2 PLANNING COMMISSION Property Owner/ Himanshu D. and Bhavna H. Tanna Applicant: 24418 Top Court . Diamond Bar, CA 91766 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. 2006-12/MCUP 2006-07, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Development Review DR 2006-20 & Conditional Use Permit CUP 2006-07 — In accordance to Sections 22.42 & 22.48 of the City of Diamond Bar Development Code the applicant has requested approval of plans to construct roof mounted wireless communications facilities and equipment cabinets and various surface mounted antennas on the existing Holiday Inn. The site is fully developed with a multi -story hotel. The subject property contains 3.5 -acres of land area. Project Address: 21725 E. Gateway Center Drive (Holiday Inn Select) Property Owner: Oak Creek, Ltd. Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 Applicant: Royal Street, LLC. Maree Hoeger, Project Manager 350 Commerce, Suite 200 Irvine, CA 92602 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt pursuant to the provisions of Sections 15301 and 15332 of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission continue the public hearing to the regularly scheduled Planning Commission meting of August 8, 2006. July 11, 2006 PAGE 3 PLANNING COMMISSION 7.3 Development Review No. 2006-24/Minor Conditional Use Permit No. 2006-06 - In accordance to Code Sections 22.48.020. (a)(1), this is a request to construct a first and second story addition of approximately 1,960 square feet to an existing one-story single-family residence of approximately 3,299 square feet including the existing three -car garage. The Minor Conditional Use Permit is a request to maintain the existing five foot side yard setbacks for the proposed addition. Project Address: 1456 Redpost Court Property Owner: Mr. Sunil Manaktala 1456 Redpost Court Diamond Bar, CA 91765 Applicant: Ramon Sales 2711 Benedict Street Los Angeles, CA 90039 Environmental Determination: In. accordance 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. 2006-24/Minor Conditional Use Permit No. 2006-06, Findings of Fact, and conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future proie ts. 10. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: Wednesdays, 6:30 p.m. — 8:00 p.m. June 28 through August 9, 2006 Sycamore Canyon Park, 22930 Golden Springs Drive Thursday, July 13, 2006 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive July 11, 2006 PAGE 4 PLANNING COMMISSION CITY COUNCIL MEETING: Tuesday, July 18, 2006 - 6:30 p.m. SCAQMD/Gover n`ment,Center Auditorium 21865 Copley Drive PARKS AND RECREATION COMMISSION MEETING: PLANNING COMMISSION MEETING: 11. ADJOURNMENT: Thursday, July 27, 2006 SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive Tuesday, August 8, 2006 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION 0 JUNE 27, 2006 Vice Chairman Nelson called the meeting to order at 7:00 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. 1. ROLL CALL: Present: Commissioners Ron Everett, Kwang Ho Lee, Tony Torng and Vice -Chairman Steve Nelson. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; David Alvarez, Planning Intern; David Meyer, Planning Consultant, Gregg Kovacevich, Assistant City Attorney, 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 June 13, 2006. C/Torng moved, C/Lee seconded to approve the minutes of June13, 2006, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee, Everett, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: 5.1 Notice of Availability -Mitigated Negative Declaration No. 2006-02—City acquisition of .93 acres of undeveloped property. PROPERTY LOCATION: Southeast Corner of Diamond Bar Boulevard and Brea Canyon Road. JUNE 27, 2006 6. 7. fZ1J]-g-7T1'T %Xi Ir!M 71-TCTZ IIFUKTTHZ��Kl! I APPLICANT: City of Diamond Bar CDD/Fong presented staffs report and recommended Planning Commission adoption of Draft Resolution No. 2006-22 approving the Mitigated Negative Declaration and Mitigation Monitoring Program. C/Everett moved, C/Torng seconded to adopt Draft Resolution No. 2006-22 approving the Mitigated Negative Declaration and Mitigation Monitoring Program. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Everett, Lee, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None NEW BUSINESS: None 7.1 Conditional Use Permit No. 2006-06 and Development Review No. 2006-10 - In accordance with Chapters 22.42 and 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct a roof mountain screened wireless communications facility on the existing self -storage building. The site is fully developed with a self - storage facility. The subject property contains 2.4 acres of land area. PROJECT ADDRESS: 275 S. Prospectors Road Diamond Bar, CA 91765 U -Store It, L.P. 6745 Engle Road, Suite 300 Cleveland, OH 44130 APPLICANT: Ms. Maree Hoeger Core Communications Group 1028 Saga Street Glendora, CA 91741 PC/Meyer presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2006-06 and Development Review JUNE 27, 2006 PAGE 3 PLANNING COMMISSION No. 2006-10, Findings of Fact, and conditions of approval as listed within the resolution. Maree Hoeger, Core Communications Group, said she and the applicant read staffs report and concur with the'conditions. VC/Nelson opened the public hearing. With no one present who wished to speak on this item, VC/Nelson closed the public hearing. C/Lee moved, C/Everett seconded to approve Conditional Use Permit No. 2006-06 and Development Review No, 2006-10, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Everett, Torng, VC/Nelson None None 7.2 Development Review No. 2006-09 — In accordance with Chapter 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct an addition of 1,143 square feet to an existing single-family dwelling unit. The second story addition will contain 1,111.5 square feet. The site is fully developed with a 1,350 square foot single -story dwelling unit. The subject property contains 10,356 square feet of land area. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 441 Wayside Lane Diamond Bar, CA 91765 Mr. and Mrs. Romeo Barbero 441 Wayside Lane Diamond Bar, CA 91765 PC/Meyer presented staff's report and recommended Planning Commission approval of Development Review No. 2006-09, Findings of Fact, and conditions of approval as listed within the resolution. Jeannette Barbero responded to C/Evereft that there was no homeowners' association for their property. Mrs. Barbero responded to C/Torng that she read staffs report and concurs with the conditions of approval. JUNE 27, 2006 PAGE 4 PLANNING COMMISSION VC/Nelson opened the public hearing. With no one present who wished to speak on this item. C/Evereft moved, C/Lee seconded to approve Development Review No. 2006-09, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Everett, Lee, Torng, VC/Nelson None None 7.3 Development Review DR 2004-03(1) and Tree Permit No. 2004-02(1) - In accordance with Chapter 22.66, the property owner/applicant requested a one-year extension of time of the Planning Commission's original approval of this project, which allows the construction of a four-story (split-level) single- family residence of approximately 11,300 square feet including a four -car garage, balconies, veranda, and deck. The request also included retaining walls of varying height not to exceed an exposed eight foot height; and removal/replacement/protection of oak and walnut trees. The Planning Commission approved this project on May 11, 2004. The extension of time request does not alter the approved project. PROJECT ADDRESS: 0 a &JUNRL OJAI 255.7 Blaze Trail (Lot 138, Tract No. 30578) Diamond Bar, CA 91765 Nasser Ahmadi 1341 Pecan Grove Drive Diamond Bar, CA 91765 AssocP/Lungu presented staffs report and recommended Planning Commission approval of a one-year extension of time for Development Review No. 2004-03(1) and Tree Permit No. 2004-02(1), Findings of Fact, and conditions of approval as listed within the Resolution. AssocP/Lungu responded to C/Lee that the applicant was not able to begin substantial construction prior to the expiration of his permits. JUNE 27*1 2006 PAGE 5 PLANNING COMMISSION Nasser Ahmadi, applicant, said he read staffs report and concurred with the conditions of approval. VC/Nelson opened the public hearing. With no one present to speak on this matter, VC/Nelson closed the public hearing. C/Torng moved, C/Lee seconded to approve a one-year extension of time for Development Review No. 2004-03(1) and Tree Permit No. 2004-02(1). Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Torng, Lee, Everett, VC/Nelson None None 7.4 Development Review No. 2006-17. In accordance with Chapters 22.48, 22.56 and 22.68 of the City of Diamond Bar Development Code, this was a request to demolish an existing dwelling and build a 5,135 square foot single- family residence and 600 foot detached guesthouse on an existing 14,496 lot. PROJECT ADDRESS: PROPERTY OWNER: 603 Pantera Drive (Lot 33, Tract No. 42583) Diamond Bar, CA 91765 Kabbani Bashir 603 Pantera Drive Diamond Bar, CA 91765 APPLICANT: Landmark Engineering Design 14130 Alondra Boulevard, Suite H Santa Fe Springs, CA 90670 PI/Alvarez presented staffs report and requested Planning Commission approval of Development Review No. 2006-17, Findings of Fact, and conditions of approval as listed within the resolution. Robert Rezko, applicant, stated that the property owner concurred with the conditions of approval. JUNE 27, 2006 r7.,_ -N K" a- I � PAGE 6 PLANNING COMMISSIOL C/Lee asked for an explanation of the proposed game room and Mr. Rezko responded the area was intended to accommodate a pool table and wet bar. Mr. Rezko responded to C/Evereft that the wall belonged to the adjacent neighbors and the gate opening provided access for maintaining the slope. Mr. Rezko confirmed that the property was not part of a homeowner's association. VC/Nelson opened the public hearing. R. Massanoc, 607 Pantera Drive, asked about the retaining wall, property rezoning and height of the roofline because he did not want the project blocking his view. VC/Nelson closed the public hearing. ICDD/Fong responded to the speaker that there was no rezoning with the proposed project because the zoning as it exists is R-1 10,000. The guesthouse is not a second dwelling unit. Guesthouses are allowed by code. PI/Alvarez stated that the retaining wall would be located on the side nearest the speaker's property. He pointed out the location of the wall using the map. The distance from the property line to the wall is 10 feet. The maximum height of the wall is 6 feet on the slope side and 42 inches along the house. He said the wall would not impact Mr. Massanoc's view or privacy. The speaker's property is higher and the speaker's view looks into the applicant's yard. The second story will have no impact on the neighbor's view. ICDD/Fong responded to C/Evereft that the typical wall height between properties is five to six feet. PI/Alvarez responded to VC/Nelson that with a two-story structure the applicant would have no greater view of his neighbor's yard. C/Lee moved, C/Evereft seconded to approve Development Review No. 2006-17, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: Lee, Everett, Torng, VC/Nelson None None COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: JUNE 27, 2006 PAGE 7 PLANNING COMMISSION 7.5 Conditional Use Permit No. 2006-04 - In accordance with Chapters 22.58 and 22.10.030 — Table 2-6, this application was a request to relocate an existing Taekwondo studio to a different parcel and unit within Country Hills Towne Center. The Planning Commission originally approved the Taekwondo studio through Conditional Use Permit No. 2004-04 on September 14, 2004. PROJECT ADDRESS: 21335 & 21337 Cold Spring Lane Diamond Bar, CA 91765 PROPERTY OWNER: Country Hills DB, LLC MCC Realty Management Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 APPLICANT: Young ln'*Cheon and Ann Cheon 1129 Summitridge Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2006-04, Findings of Fact, and conditions of approval as listed within the resolution. Ann Cheon said she read staff's report and concurred with the conditions of approval. She said she did not contemplate any change in the hours of operation. VC/Nelson opened the public hearing. With no one present who wished to speak on this item, VC/Nelson closed the public hearing. C/Torng moved, C/Lee seconded to approve Conditional Use Permit No. 2006-04, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: Torng, Lee, Everett, VC/Nelson None None COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: JUNE 27, 2006 WITIRT11EEF1511, PAGE 8 PLANNING COMMISSION 7.6 Development Review No. 2006-15 - In accordance to Chapter 22.48.020(a)(1), this was a request to construct an addition of approximately 1,517 square feet to an existing single-family residence of approximately 2,397 square feet including the existing two -car garage. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 23649 Country View Drive (Lot 8, Tract 31061) Diamond Bar, CA 91765 Hubert Wilson 23649 Country View Drive Diamond Bar, CA 91765 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Development Review No. 2006-15, Findings of Fact, and conditions of approval as listed within the resolution. Hubert Wilson responded to C/Everett that the property was not within a homeowners' association. He said he read staff's report and concurred with the conditions of approval. VC/Nelson opened the public hearing. With no one present who wished to speak on this matter, VC/Nelson closed the public hearing. C/Everett moved, C/Lee seconded to approve Development Review No. 2006-15, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Everett, Lee, Torng, VC/Nelson None None 8. PLANNING COMMSSIONER COMMENTWINFORMATIONAL ITEMS: C/Torng appreciated that there were a number of projects on tonight's agenda indicating increased improvements within the City. He said he was concerned about dry grass that he has noticed in areas of the City. C/Torng congratulated VC/Nelson on running a good meeting. JUNE 27, 2006 PAGE 9 PLANNING COMMISSION C/Evereft thanked VC/Nelson for his leadership. He thanked staff for their work and support. He said he was sorry he would miss the July 4th celebration and thanked staff for their hard work on the event as well as for the Concerts in the Park series. C/Lee thanked staff and VC/Nelson. VC/Nelson thanked his colleagues for their positive input. He suggested that staff include information within their reports regarding whether properties are located within homeowners' associations since C/Evereft was concerned about that issue. He thanked C/Evereft for his imposing his Miranda to ensure that applicants were in accord with the conditions of approval. One of the reasons approvals come readily to the Planning Commission is because of the expertise of staff and how well staff members work with applicants on projects. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Fong announced that CM/Lowry resigned her position. On July 18 the City Council will consider M/Herrera's Planning Commission appointee and once a Commissioner is appointed the Planning Commission will reorganize. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the meeting at 8:33 p.m. Respectfully Submitted, Nancy Fong Community Development Director Attest: Steve Nelson, Vice Chairman AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: July 11, 2006 REPORT DATE: July 5, 2006 CASEXILE NUMBER- Development Review 2006-12/Minor Conditional Use Permit No. 2006-07 PROJECT LOCATION: 24418 Top Court, Diamond Bar, CA 91765 (APN: 8281-035-067, Lot 26, Tract 42587) APPLICATION REQUEST: A request to remodel and construct the one and two- story addition of approximately 2,163 square feet with 464 square feet of patios and balconies, and additional driveway parking to the existing 2,601 square feet, two-story, legal nonconforming single family residence with a two car garage. A Minor Conditional Use Permit approval allows the continuation of legal nonconforming front yard setback distances. PROPERTY OWNER/ Himanshu D. and Bhavna H. Tanna, 24418 Top Court, APPLICANT: Diamond Bar, CA 91765 STAFF RECOMMENDATION: Approve with Conditions DR 2006-12/MCUP 2006-07 PAGE 1 FT�.l Property owners, Himanshu D. and Bhavna H. Tanna, filed Development Review No. 2006-12/Minor Conditional Use Permit No. 2006-07 to remodel and construct a one and two-story addition. The lot is 16,704 square feet in size. It is an irregular pie shape at the end of the cul-de-sac. The existing two-story, single family residence was approved and completed in 1988. A. Applications and Review Authority This addition is greater than 50 percent of the existing structure's livable floor area and requires a discretionary Planning Commission Development Review process and approval (Diamond Bar Municipal Code (DBMC) 22.48). Additionally, this house is considered legal nonconforming because of its front setback. Today's front setback requirement is 20 feet from the property line. This tract of homes approved by Los Angeles County before City incorporation included (for setback purposes only) the six feet of City property behind the sidewalk. This City property is not dedicated to the home owners. Therefore, all houses in this tract have legal nonconforming front setbacks that vary from 15 to 17 feet to the legal property line. The City recognizes that property owners should be allowed to have an addition, reconstruction or improvements to their properties even with the legal nonconformities. The City established the Minor Conditional Use Permit process for such additions with required additional findings of fact in the resolution (DBMC Sections 22.56 and 22.68). The legal nonconformities may be continued to secure safety or when aesthetic advantages through improved architecture are met. These processes establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the City's economic, physical, and social character. The process ensures that the proposed project's development yields a pleasant living environment for the residents and visitors as the result of consistent exemplary design. B. Site and Surrounding Uses General Plan designation - Low Density Residential (RL) 3 Dwelling Units/Acre Zoning - Single family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Surrounding Zones and Uses —The R-1-8,000 zone and single family uses surround the site DR 2006-12/MCUP 2006-07 PAGE 2 C. Development Standards The following comparison indicates that the proposed project meets the City's a-vAnnment Standards: Development opm �Fel7ature RL Building Proposed Meet Requirements Requirements .38 acre Yes Minimum Lot 8,000 S.F. 16,704 gross/usable LA County Lot Area S.F. Averaging Residential 1 Single family Unit; 1 Single family Unit, Yes Density 3 per gross acre Front yard 20 feet Approximately Legal setback 16 feet Nonconforming* Side yard 51-01, & 101-01, 5191, & 18, Yes I setback each Side yard minimum between 15 feet Meets 15 feet Yes structures -on adjoining parcels 20 feet Approximately Yes Rear setback 66 feet Building Height 35 feet -O" (maximum), 25.5 feet Yes Limit As required by Hillside Chapter 22.22 Two-story on pad Not applicable Development (Hillside Management) As required by Landscaping 15% Landscaping Chapter 22.24 overall & 50% in Yes (Landscaping) front and 2 in fully enclosed Existing enclosed Parking garage (20'X20'). 2 -car garage & widened driveway Yes 40% Staff recalculated at Yes Lot Coverage 19% Less than one-half 16,704 gross square Preserved/ acre lots - exempt feet is less than Exempt Protected Trees from Troe Permit one-half acre requirements L DR 2006-12/1\4CTJP 2006-07 PAGE 3 D. The Proposed Addition/Minor Conditional Use Permit/Legal Nonconforming 1. Architectural Features and Colors: The siding and wood trim are eliminated. The existing style is retained and modernized with stucco and stucco trim. The proposed one and two-story addition enlarges the house in the front, side and rear. The design's multi-level roofs, windows, and stucco add texture and contrast, variety, and low maintenance materials. The proposed addition's architectural style and palette are compatible with the other homes on the cul-de-sac and in the neighborhood and is consistent with the General Plan, City's Design Guidelines and Municipal Code. 2. Floor Plans: The addition enlarges the first floor's kitchen, family room, and dining area and adds the breakfast nook, office, laundry room and a bedroom with bath. The enlarged second floor adds a bedroom and converts the existing master bedroom into a suite with bathroom, walk in closet, and balcony. 3. Site Work: a. Walls in the Public Right of Way: There are existing walls in the public right- of-way. The Public Works Department requires and a condition of approval states that the owner/applicant shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements within the public right-of-way. b. Drainage Plan: The subject addition is on the existing pad and no grading or retaining walls are proposed. An Engineering/Public Works Department approval condition requires a drainage plan submittal and an erosion control plan for work starting after October 1, 2006. Additionally, the swales at the rear of the property shall be indicated on the drainage plan; as well as the surveyor's notes and chain link area at the northeast property line. 4. Landscaping, Front Yard, and Driveway: Replacement and/or restoration of landscaping is required prior to the Planning Division's final inspection. New landscape, irrigation, and driveway plans will be submitted to legalize the existing driveway by removing hardscape, and adding the driveway extension at the garage side for one parking space to support the addition. The minimum landscape requirement is 50 percent of the front yard area per DBMC Section 22.30.080. The required landscape softens a two-story element with reduced setback. E. Covenant and Agreement to Maintain a Single Family Residence An approval condition requires the owner to sign, notarize, and record with the Los Angeles County's Recorder's Office a "Covenant and Agreement to Maintain a Single DR 2006-12/I\4CUP 2006-07 PAGE 4 family Residence" on a City form. The covenant must be submitted to Planning staff prior to building permit issuance. F. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. G. General Plan/Design Guidelines/Compatibility with Neighborhood 1. Strategy 1.2.4 - Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood; and 2. Strategy 2.2.1 - New developments shall be compatible with surrounding land uses. Staff's review finds the application is consistent with the General Plan, Municipal Code Standards, the City's Design Guidelines and the project is compatible with the neighborhood. On June 29 and June 30, 2006, 55 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On June 30, 2006, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. ENVIRONMENTAL ASSESSMENT: The City has determined that'this project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e) - (additions to existing structures where all public facilities are available). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2006- 12/Minor Conditional Use Permit No. 2006-07, Findings of Fact, and conditions of approval as listed within the attached resolution. DR 2006-12[MCUP 2006-07 PAGE 5 Prepared by: Linda Kay Sah Development Services Associate Reviewed by: Nancy Fong, by: Community Develop ent irector ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Covenant and Agreement; 3. Aerial; 4. Exhibit "A" - site plan, floor plans, elevations, roof plan, preliminary landscape plan, and driveway plan dated July 11, 2006. Word: corridevAinda smith/plancomm/projects/dr 2006/dr 2006-12.../report... DR 2006-12/MCUP 2006-07 PAGE 6 ATTACHMENT 1" PLANNING COMMISSION RESOLUTION NO. 2006-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-12/MINOR CONDITIONAL USE PERMIT NO. 2006-07 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AN D CONSTRUCT THE ONE AND TWO-STORY ADDITION OF APPROXIMATELY 2,163 SQUARE FEET WITH 464 SQUARE FEET OF PATIOS AND BALCONIES, AND ADDITIONAL DRIVEWAY PARKING TO THE EXISTING 2,601 SQUARE FEET, TWO-STORY, LEGAL NONCONFORMING SINGLE FAMILY RESIDENCE WITH ATWO CAR GARAGE. THE PROJECT SITE IS ASSESSOR PARCEL NUMBER 8281-035-067, 24418 TOP COURT (LOT 26, TRACT NO. 42587), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owners, Himanshu D. and Bhavna H. Tanna, filed Development Review No. 2006-12/Minor Conditional Use Permit No. 2006- 07 applications for a property identified as assessor parcel number 8281- 035-067, located at 24418 Top Court (Lot 26, Tract No. 42587), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On June 29 and June 30, 2006, 55 property owners within the project's 500 - foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On June 30, 2006, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On July 11, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. ATTACHMENT "I" 2. The Planning Commission hereby determines that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on w * ild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project parcel is assessor parcel number 8281-035-067, 24418 Top Court (Lot 26 Tract 42587), Diamond Bar, California. The parcel is approximately .38 acre or 16,704 gross/usable square feet. The lot's irregular shape is narrow at the cul-de-sac and wider at the rear with an existing two-story, legal nonconforming single family residence approved and completed in 1988. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units per acre. The site is zoned Single family Residence, R-1-8,000. (c) The R-1-8,000 zone and single family uses surround the site. (d) The Application requests to remodel and construct the one and two- story addition of approximately 2,163 square feet with 464 square feet of patios and balconies, and additional driveway parking to the existing 2,601 square feet, two-story, legal nonconforming single family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal nonconforming front setback distance. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. K ATTACHMENT "'I" The project site, currently developed with a two-story, single family residence, was established before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995 General Plan land use designation is Low Density Residential (RL) (maximum 3 dwelling units/per acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Municipal Code; the site coverage is less than 40 percent, it is comparable with the existing neighborhood, it meets the required height limitations; and it does not encroach further into the setbacks than the existing structure. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Golden Springs Drive and Annitos Place adequately serve the project site. These and the neighboring streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a two-story; legal nonconforming single family residence. The proposed addition does not change the existing single family use. The Application maintains the existing style consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. Although the existing siding and wood trim are eliminated and the structure is modernized with stucco and stucco trim, the contemporary architectural style is retained. The proposed one and two-story addition enlarges the house in the front, side and rear and the design's multi-level roofs, windows, and stucco add texture and contrast, variety, and low maintenance materials. The application's architectural style and palette are compatible with the other homes in the neighborhood and consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. 9 ATTACHMENT "1" (h) 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 is aesthetically appealing. The proposed colors, materials, and textures are consistent with and complimentary to the existing homes within the area while offering variety and low maintenance levels. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. This project meets Municipal Code building standards including height. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). NONCONFORMING STRUCTURES (k) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. As stated in Item (g), the proposed project is compatible with other structures in the vicinity. Many one and two-story structures in the vicinity have remodeled and added square footage. (1) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure, becoming inconsistent with the General Plan or any applicable specific plan. 0 ATTACHMENT "l" As stated in Items (e) and (g), the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Municipal Code, and City Design Guidelines. The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of the Municipal Code. Los Angeles County approved the existing parcel of Tract Map No. 42587, Lot 26, as .38 acres; and, approved the existing structure with the Los Angeles County Code in 1988 meeting the required setbacks of that Code prior to the City's incorporation. Legal nonconforming is defined as any parcel or structure that was legally created or constructed prior to the current Diamond Bar Municipal Code's adoption, November 3, 1998, and which does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. The structures in this tract were approved with six feet of public right-of-way counted in the setback measurement. The front setback is approximately 16 feet from the property line. Like the other homes, the setback looks larger because the city's parkway is behind the sidewalk, not in front. Today's front setback requirement is 20 feet from the property line. Therefore, legal nonconforming findings and Minor Conditional Use Permit approval are required by the Planning Commission. The proposed project conforms to the other applicable provisions of the Municipal Code. The exterior limits of the new construction does not exceed the applicable height limit *or encroach further'into the setbacks than the comparable portions of the existing structure where the nonconformity exists. No further nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. This project meets Municipal Code building standards including height. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. 4 ATTACHMENT "l" (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (e -h), the architectural design of the proposed p development is compatible with the surrounding neighborhood's characteristics and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. Structural plan check, City permits and inspections, Soils analysis as needed, and Fire Department approval are required for construction. This project meets Municipal Code building standards including height. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. MINOR CONDITIONAL USE PERMIT (p) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As state in Items (e -o), the proposed use is allowed within the zoning district and complies with a// other applicable provisions of the Municipal Code. (q) The proposed use is consistent with the General Plan and any applicable specific plan. As state in Item (e), the proposed use is consistent with the General Plan and any there is no applicable specific plan. (r) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e -o), the design, location, size, etc. is compatible with the existing and future land uses in the vicinity. (s) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, Provisions of utilities, ATTACHMENT 1" compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e -o), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (t) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity- Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single-family residence. (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the attached Standard Conditions. APPROVED AND ADOPTED THIS 11th DAY OF JULY 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Vice -Chair 1, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 11th day of July 2006, by the following vote: AYES: Commissioners: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Community Development Director 7 PROJECT ATTACHMENT "1" COMMUNITY DEVELOPMENT IT, 1-4 ki k I .Development Review Number 2006-12 and Minor Conditional Use Permit No. 2006-07 A request to remodel and construct a one --and _two-story addition of approximately 2,163 square feet with 464 square feet of patios and balconies, and additional driveway parking to the existing 2,601 square feet, NO-StO[y, legal nonconforming single family residence with a two car garage. APPLICANTS: Himanshu D. and Bhavna H. Tanna LOCATION: 24418 Top Court ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review Number 2006-12 and Minor Conditional Use Permit No. 2006-07 brought within the time period provided by Government Code Section 66499-37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the . ATTACHMENT I" City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall prorriptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully -in the -defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this 'Development Review Number 2006-12 and Minor Conditional Use Permit No. 2006-07, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resallution No. I Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. 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 9 ATTACHMENT "1" family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property sk-iall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 10. Property owner/applicant shall remove the public hearing notice board within three days of this projects approval. . 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and -the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Departrr-ient and Mitigation Monitoring) at the established rates, prior to issuance Of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building Permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of- Development Review Number 2006-12 and Minor Conditional Use Permit No. 2006-07 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The site plan shall indicate the existing patio cover to be removed. 2. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, on file in the Planning Division, the conditions contained herein, and Development Code regulations. 3. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a ffel ATTACHMENT "'I" form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 4. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and __adequately__screened screened . through, the use of, a -combination. of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 5. All roof mounted equipment shall be screened from public view. All landscape and driveway reconstruction plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 2. Prior to issuance of any permits, detailed landscape plan with the type of planting materials, color, size, quantity and location; the irrigation system, and driveway reconstruction plans shall be submitted to the Planning Division for review and approval. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. F. SOLID WASTE 1. 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 approved 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 used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards and shall be shielded from public view. 11 ATTACHMENT "1" APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMEINT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL I Detailed drainage system information of the lot with careful attention to any flood hazard area and swales shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. An Erosion Control Plan shall be submitted concurrently with the drainage plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Submit Public Works Department approved drainage plan. 5. All balconies shall be designed for 601b. live load. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Indicate all easements on the site plan. 12 ATTACHMENT "'I" 8. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exteriorwall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 10. Specify location of tempered glass as required by code. 11. The door between garage and the house shall be 13/8" solid core door, self closing. Walls and ceiling between living space and garage shall be 5/8 type X 12. All bedrooms shall comply with all rescue window requirements and size of all windows shall be specified on the plans. 13. Provide arc fault protection for all new bedroom outlets. Provide ground fault protection for all new bathrooms, kitchen and laundry outlets. 14. Indicate compliance with heating requirements for the new addition. 15. Provide 30 inch clear width for water closet with 24 inch clear in front. 16. Specify if the existing walls removed are bearing or non-bearing. If bearing provide beams, columns, and foundation design and details. Word: comdev/finda smith/plancomm/projects[DR 2006-12/DR 2006-12 ... /Reso... 13 Zl�s8��/��-� // //v ` '` ,�_ RECORDING REQUEST BY: City of Diamond Bar | WHEN RECORDED MAIL TO: City OfDiamond Bar 21825Copley Drive Di80OOOd Bar, CA 91765 \ COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE DR 2006-121MCUP 2006-07 The undersignedhereby certify that Himanshu D. Tanna and Bhavna H. Tanna is/amUm owner(s) of the hereinafter described real property located at 24418 Top Court in the City ofDiamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 26 Tract Map No. 42587 Assessor's Book and Parcel Number 8281-035-067 And, Kwo do hereby covenant and agree for ourselves, heirs, assigns, transferees and ouooeaaoro' with the City ofDiamond Bar (hereinafter "City")that the above described property shall be used for single family residential purposes only. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. Ifthe City karequired tobring legal action toenforce this covenant, then the city shall beentitled to its attorney fees and court costs. NOTE: THE COVENANT AND AGREEMENT SHALL BE NOTARIZED, AND RECORDED. NOTARY SHALL USE UPDATED FORM AS DESCRIBED IN CIVIL CODE SECTION 1189. 0 U � 00 N 0 �i. 9 00. 00 Q C-4 0 ZD 0 0 o rT1 0, 0 PIU) 0 o --4 z 0 a) ;Q 170.84 S BgDDs'o2"E o 0. 1"t x 0<1 ` 4pt //AwlY D� to FT-Ipvls '4 0 q A F— > tiN r to Ln 0 00-4 lom D(!1 0C) o m z --4 L::) 0 Z 0 0 > --6 m>m 0 M ;u 1 0 ;a < — — m ,zm 00 m --q > z o ;a -n to m Q j m OO (un, Z> 0 4� ;a Do 0 SAv V) 0 OD L4 z > WUvG') z a: V) Lf) =0 m 0 0 0 K t"') > C: 2: Lf) (n m -1 --1 0 > X z SITE PLAN m" 51 PETE UOLBEOP PrAiLodupo Plonring ADD & REMODEL FOR HEMAN AND KHYATI TANNA K LEMON AVE., CWAMO, CA.91764 24418 TOP COURT, DIAMOND BAR TEL 909 3915888 5711 1 ST FLOOR PLAN �w OR ADD & REMODEL. FOR HEMAN A D KHYATI TANNA 615 N BENSON AVE C, UPLAND, CA, 9786 U1 24418 TOP COURT, DIAMOND BAR TEL 909 373 1150 F i Z U 7c _ ::j = D 1- r m D r o o u G) zs D r Z- owl CD D� O pmm = _ O O z = O mr om _ m m F- p n z z? m z > yEpx� rm x n 0 r- m O O K � O G� O -u n z n r- F-- O� Fn ;o < O m c- D r co r-mOm0 (D D O m "' m x O z r O mz r rte" O m n Q' ;00 O z -0 z "' "' r cmn z1 r 70 -1 D z O z Fnrm0 m m Z —n ---Il P O OJ ('n � OOa W O N co m O O 'n O O O O O O O O O o O � z 0 -n -i O O O m D r r M o — — 65'-10' ( 13'-0. 5'-5• 2W-2. ___ __- _— _ __.—. -KI ° lu mo � m ti- I lJ D m i' �z1 � II r � - w 76.-5. I , i i O � il. m� i' II00"I- olM �i Ma 01 ti II i ' ❑ ��m II O F-Aq 5'-D' 6'-10' 10'-0' 5'-5' ,6'-„•' 0-0' M z�ENmA aMZ >j x� ZC 47Z ZZ -1 -ImZm 0� j ."0m mmo�ox,X Em t”- DZ LSD y v> nR �7 � ND. CE) -0 r0rZ�Z' Otr- �- o -i �•0t1 - -i zoo X0 r =:I r (n INI �'1 I- O1Z-.zZmDrcn� ..� > -t tn�p0>c)� O D �D r Z�m�MM r+M 00 .7.1 °> 00>0 A rA A j V ,p L4 j NNS?J0.!'W .. _ V1 V1 o0 to Nln(n N V) 00 �'ob000c, 5711 1 ST FLOOR PLAN �w OR ADD & REMODEL. FOR HEMAN A D KHYATI TANNA 615 N BENSON AVE C, UPLAND, CA, 9786 U1 24418 TOP COURT, DIAMOND BAR TEL 909 373 1150 F i ° 72'-10. >� m mmxr O 6'-7- Z Do E _Ni 27'-0' D 5'-5' Iii r D Z Z N O> E aD Po - m. o ZSE D -{ O m rte. m o T Z � O - O O oO w W m Z T r �r O �z 'FLOOR wm ° s 2ND PLAN o �. -—P-- ADD & REMODEL FOR HEMAN AND KHYATI TANNA -norwT6 P 24418 TOP COURT, DIAMOND BAR q 14 -3' Mo.4 I 2.� nA'� O x D W IQ 76'-3' 30'-T o 72'-10' >� m mmxr O � Z Do E _Ni D D Iii r D Z Z N O> E aD Po - m. o ZSE D -{ m rte. m o m Z � O - oO w Ln �r �z 'FLOOR wm ° s 2ND PLAN ADD & REMODEL FOR HEMAN AND KHYATI TANNA -norwT6 P 24418 TOP COURT, DIAMOND BAR m D =❑ ZOO❑ Ell! I0 5 N x B p PEE VOLBE©P PmhLogLwP@ plonvi g i ELEVATIONS °" ADD & REMODEL FOR HEAMND AND KHYATI TA A EM ama+mwn �' tea+ wh1 615 N BENSON AVE. C, UPLAND, CA 91786 _ 24418 TOP COURT, DIAMOND BAR TEL 909 373 1150 r� vwma� I 1 G in- t 1 I I _ I- 1 1 II I II J 1 , - i 1rn - 1 1 1 1 1 _ _ 1 I IF- EOI (® 0 F— I 1 1 1 m I( O 0 1 Fri 1 11, Cf) 6 II I m II g• -o I ; rTl I I I , - I I 1 1 ( I ( I 11� I I Q m a E PETE V®L®EOR PH9hjL90LYP9 pIolgiling ELEVATIONW w ADD & REMODEL FOR NEMAN AND KHYATI TANNA - am��'�+'�`'°O� a� 1 675 N BENSON AVE C, UPLAND, CA 91786 24418 TOP COURT, DIAMOND BAR TEL 909 373 1150 AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: ")`' MEETING DATE: July 11, 2006 REPORT DATE: July 5, 2006 CASE/FILE NUMBER: Development Review No. DR 2006-20 & Conditional Use Permit No. CUP 2006-07 PROJECT LOCATION: Holiday Inn Select 21725 Gateway Center Drive Diamond Bar, CA 91765 APPLICATION REQUEST: Approval to construct a roof mounted screened wireless communications facility on an existing self - storage building. Oak Creek Ltd. Partnership 21725 Gateway Center Drive Diamond Bar, CA 91765 APPLICANTS: Maree Hoeger Royal Street Communications, LLC 350 Commerce, Suite 200 Irvine, Ca 92602 STAFF Continue Public Hearing to August 8, 2006 RECOMMENDATION: DR 2006-20 & CUP 2006-07 PAGE I The applicant is requesting approval of a Conditional Use Permit and a Development Review Application to install new wireless communication facilities on the roof and the building exterior of the Holiday Inn located in the Gateway Center. After discussions with staff, the applicant would like to take the opportunity to examine alternatives to the proposed screening methods. The applicant is of the opinion that screening techniques can be improved to be more commensurate with the existing building architecture. The applicant requests extra time to allow their design staff to examine the design alternatives that better reflect the City's design guidelines. On June 28, 2006, 8 surrounding property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. On June 30, 2006 Three 3 locations were posted within the project's vicinity and the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. Staff recommends that the Planning Commission continue the public hearing to the regularly scheduled Planning Commission Meeting of August 8, 2006. Prepared by: David D. Meyer LDM Associates, Inc. — Planning Consultant Revi I cy P-on6,�7#1CP, Community Development Directory Attachments: 1. Letter from the applicant requesting the continuance. DR 2006-20 & CUP 2006-07 PAGE 2 350 Commerce, Suite #2100, Irvine, CA 92602-1302 Phone: 949-730-3100 Fax: 949-730-3200 July 6, 2006 Ms. Nancy Fong Planning Director City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 RE: 21725 E. Gateway Center Drive — Request for Continuance Dear Ms. Fong: After discussions with staff, the applicant is requesting that the project be continued from the July 11, 2006 Planning Commission hearing to the August 8, 2006 hearing. Upon staff recommendation, the applicant is looking into design alternatives that will better screen the proposed facility. Please feel free to call me at (949) 280-2531 if you have any questions. Sincerely, Maree Hoeger Core Communications Authorized Agent PLANNING COMMISSION AGENDA REPORT Crff OFDIAMOND BAR- 21825COPLEYDRWE — DIAMOND BAR, CA91765 — TEL (909) 839-7030 — FAX (909) 861-3117 MEETING DATE: July 11, 2006 REPORTDATE: June 29, 2006 CASE/FILE NLTMBPR- Development. Review 2006-24/Minor Conditional Use Permit No. 2006-06 PROJECT LOCATION: 1456 Redpost Court (Tract 31153, Lot 62) Diamond Bar, CA 91765 Approval to construct a first and second APPLICATION REQUEST- story addition of approximately 1,960 square feet to an existing one-story residence of 3,299 square feet, which includes the existing three -car garage. PROPERTYOWNER;- Mr. and Mrs. Sunil Manaktala 1456 Redpost Court Diamond Bar, CA 91765 APPLICANT. Mr. Ramon Sales 2711 Benedict Street Los Angeles, CA 90039 STAFF RECONMENDATION: Conditionally approve. DR 2006-24/MCUP 200606 Page 1 BACKGROUND. A. Site Description: The project site is approximately 11,560 square feet, pie shaped and at the end of a cul-de-sac. It is developed with a one-story residence of approximately 2,699 square feet plus a three -car garage for a total of approximately 3,299 square feet. B. General Plan and Zoning: 0 General Plan Designation: Low Density Residential (RL) Maximum 3.DU/AC. 0 Zoning: Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1- 8,000). 0 Surrounding Zones and Uses: R-1-8,000, single-family residences. ANALYSIS: A. Development Applications/Review Authority (Code Sections 22,44) The proposed project consists of two applications, Development Review and Minor Conditional Use Permit. The Development Review application is for * the architectural/design review of the proposed addition totaling to approximately 1,960 habitable square feet, which is more than 50 percent of the existing habitable area. The Minor Conditional Use Permit application is for maintaining the legal nonconforming side yard setbacks of five feet. The Planning Commission is the decision Hearing Officer is the decision make for a required that both applications be process is the review authority. maker for Development Review and the Minor Conditional Use Permit. Since it is simultaneously, the Planning Commission B. Development Review (Code Sections 22.48) 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 ensures that new development and intensification of existing development yields a pleasant living, and attracts the interests of residents and visitors as the result of consistent exemplary design. Development Standards The comparison matrix below shows that the proposed project has met the development standards for the R-1-8,000 (RL) zoning district. DR 2006-24/MCUP 2006-06 Page 2 Development Feature R-1-8,000 (RL) Zoning District Requirements Proposed Meet Requirement Minimum Lot Area 8,000 square feet. 11,560Muare feet Yes Residential Density 1 Single -Family Unit 1 Single -Family Unit Yes Front and setback 20 feet 21 feet Yes* Side and setbacks 5 & 10 feet 5 & 5 feet Yes** Rear setback 20 feet 22 feet Yes Building height 35 feet from natural/finished grade 25 feet from grade Yes Separation between adjacent residences 15 feet 15 & 15 feet Yes Lot coverage 40% (maximum) 39% Yes Parking Two -car garage (minimum) three -car garage Yes The minimum existing tront setbacK is delineated on the site plan as 27 feet. However, the first six feet is within the dedicated easement for Redpost Court. Legal non -conforming side yard setback (see MCUP discussion). 2. Architecture 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. The proposed addition is consistent with the existing architectural style. The roof style and all materials, colors and brick accent will match the existing. Stucco foam moldings at the bottom of the new windows will be added to the existing windows. A band trim (stucco foam molding) will be added to all elevations. A porch with two arches will define the front elevation. The front elevation's existing wood siding will be removed and replaced with light beige stucco that matches the existing. The proposed addition is compatible with other homes in the neighborhood. There are many existing two-story homes in the neighborhood. Two-story homes exist on each side of and directly behind the subject residence. Materials and colors used for other homes within the neighborhood vary. Many of the homes are stucco with brick trim, stucco with wood siding and brick trim, DR 2006-24/MCUP 2006-06 Page 3 or stucco with brick and wood trim and an earth tone colors are used. Furthermore, the project site is one of the larger lots in the neighborhood and can accommodate the existing residence of 2,699 habitable square feet with 1,960 square feet of habitable space while meeting the required development standards. 3. Floor Plan Layout The existing two-story residence has four bedrooms and a computer room, two bathrooms, family room, kitchen, living room, dinning area and three -car garage. The proposed first floor will add a walk-in closet to the existing master bedroom and foyer with exterior front porch and enlarge an existing bedroom. The proposed second floor will provide a bedroom with bathroom and mini gym/recreation room with wet bar and exterior balcony. . 4. Grad ing/Drainage The project site contains a buildable pad. Therefore, grading is not required. Drainage patterns and techniques shall be reviewed and approved by the Public Works Department prior to any permit issuance. Drainage shall not be conveyed to adjacent parcels. 5. Front Yard Setback/ Right- of -Way. There is an existing pilaster with light adjacent to the sidewalk and in the six foot dedicated easement for Redpost Court. The dedicated easement appears as part of the front yard and is maintained by the property owner. Since the pilaster is in the easement, the property owner will be required to obtain an encroachment permit prior to final inspection of the addition. 6. Landscaping A landscape plan was not submitted with this project's application. The applicant is required to submit a landscape/irrigation plan for the front yard prior to the issuance of any City permits. The landscape plan is to ensure that landscaping destroyed during construction will be replaced prior to final inspection or Certificate of Occupancy. C. Minor Conditional Use Permit (Code Sections 22.56 and 22.68) The required side yard setbacks for the R-1-8,000/RL zoning district are five and ten feet with a 15 foot separation between residential structures on adjoining properties. The subject residence is considered legal nonconforming because it maintains five foot side yard setbacks. With the proposed addition, the residence will continue to maintain the legal nonconforming five foot side yard setbacks. DR 2006-24MCUP 2006-06 Page 4 The City recognizes that property owners should be allowed to have an addition, reconstruction or improvements to their properties even with legal nonconformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions with required additional findings of fact in the resolution. The legal nonc , onformities may be continued to secure safety or when advantages through improved architecture are met. D. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. I I I LN kyj IMOR I UT -Ire I I FA WNS .1 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. Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valle Tribune on June 30, 2006. Public hearing notices were mailed to approximately 100 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places on June 27, 2006. Furthermore, the project site was posted with a display board by June 29, 2006. Staff recommends that the Planning Commission approve Development Review No. 2006- 24, Minor Conditional Use Permit No. 2006-06, Findings of Fact and conditions of approval as listed within the attached resolution. Attachments: by; Kancy Fo A I C:, CommunitDov nt Director 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, roof plan and elevations dated July 11, 2006; 3. Covenant and Agreement to Maintain a Single -Family Residence; and 4. Aerial. DR 2006-24/MCUP 2006-06 Page 5 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION. OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-24, MINOR CONDITIONAL USE PERMIT NO. 2006-06 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FIRST AND SECOND STORY ADDITION OF APPROXIMATELY 1,960 SQUARE FEET TO AN EXISTING ONE-STORY SINGLE- FAMILY RESIDENCE OF APPROXIMATELY 3.299 SQ►.UARE FEET WHICH INCLUDES A THREE -CAR GARAGE. THE PROJECT SITE IS LOCATED AT 1456 REDPOST COURT (LOT 62, TRACT NO. 31153), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Mr. and Mrs. Sunil Manaktala and applicant, Mr. Ramon Sales have filed an application for Development Review No. 2006-24, Minor Conditional Use Permit No. 2006-06 and categorical exemption for a property located at 1456 Redpost Court, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On June 30, 2006, notification of the public hearing forthis projectwas provided in the ' San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On June 27, 2006, public hearing notices were mailed to approximately 100 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. On June 29, 2006, the project site was posted with a -display board. 3. On July 11, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. 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. 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 project -proposed hereinwill have the potential of an adverse effect- on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 11,560 square feet, pie shaped and at the end of a cul-de-sac. It is developed with a one-story residence of approximately 2,699 square feet plus a three -car garage for a total of approximately 3,299 square feet. (b) The project site has a General Plan land use designation of Low Density Residential -(RL) Maximum 3 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). (d) Generally, the R-1-8,000 single-family residences zone surrounding the project site. (e) The Application request is for Development Review approval to construct a first and second story addition of approximately1,960 habitable square feet to an existing one-story single family residence of approximately 3,299 square feet, which includes the existing three -car garage. The Minor Conditional Use Permit application is a request to maintain the existing legal nonconforming side yard setbacks of five feet. Development Review 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. Tract No. 31153, Lot 62 (project site) was established and homes were built within the tract prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RL Maximum 3 K DU/AC. This designation allow for lot varying in size from 8,500 to 20,000 square feet The project site is 11,560 square feet and is in compliance with the General Plan. The project site is within the R-1-8,000 zoning district. Pursuant to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report except for the existing legal non -conforming side yard setbacks of five feet. The proposed addition is consistent with the existing architectural Style of the subject residence. The roof style and all materials, colors and brick accent will match the existing. Stucco foam moldings at the bottom of the new windows will be added to the existing windows. A band trim (stucco foam molding) will be added to all elevations. A Porch with two arches will define the front elevation. The front elevation's existing wood siding will be removed and replaced with light beige stucco that matches the existing. The proposed addition is compatible with other homes in the neighborhood and improves the visual character through the use of quality design. There are many existing two-story homes in the neighborhood. Two-story homes exist on each side of and directly behind the subject residence. Materials and colors used for other homes within the neighborhood vary. Many of the homes are stucco with brick trim, stucco with wood siding and brick trim, or stucco with brick and wood trim and an earth tone colors are used. Furthermore, the project site is one of the larger lots in the neighborhood and can accommodate the existing residence of 2,699 habitable square feet with 1,960 square feet of habitable' space while meeting the required development standards. As such, the proposed project is consistent with the City's Design Guidelines. (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. It will continue to be maintained as a single-family residence. 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 be compatible with other homes in the neighborhood. As such, the proposed project is 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 (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. As referenced in Finding (0 above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is not a specific plan for the project area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings (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. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with a// conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 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. 51 Minor Conditional Use Permit (1) The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; As stated in Findings (0, (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the R-1-8,000IRL zoning district. Pursuant to the Development Code, the development standards of the RL zoning district apply to the project site.R-1-8,000 zoning district and complies with all applicable Development Code standards for that zoning district except for the legal nonconforming side yard setbacks. The existing legal nonconforming setbacks can be allowed with the appropriate findings through the Minor Conditional Use Permit process. Pursuant to Development Code Section 22.68.030 (a) and (b) — Restrictions on Nonconforming Structures, a structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) as specified for each zoning district. In addition, this Code section specifies that an addition, enlargement, extension, reconstruction, relocation, or structural alteration of a legal non -conforming structure may be allowed with approval of a Minor Conditional Use Permit with findings specified in Code Section 22.56.040. Findings specified in *Section 22.68.030 for legal nonconforming structures must also be made. Furthermore, Section 22.68.030 requires that the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure); however, if the existing side yard setback is less than five feet, the exterior limits of new construction shall maintain a minimum five foot side yard setback. Pursuant to Table 2-4 of Development Code Section 22.08.040, the required side yard setbacks for the RL zoning district are five and ten feet with a 15 foot separation between residential structures on adjoining properties. The existing residence at the project site has side yard setbacks of five feet with 15 foot separation between residential structures on adjoining properties. The side yard setbacks which were legal under Los Angeles County's jurisdiction when the residence was constructed are now considered legal nonconforming. Additionally, Los Angeles County did not have a required separation between residential structures on adjoining properties. The proposed addition will maintain the existing side yard setbacks and existing separation between residential structures on adjoining properties. It will also follow the development line o - f the existing residence and will not exceed the maximum height or lot coverage allowed in the RL zoning district. Staff believes that approving the Minor Conditional Use Permit as described above for the proposed addition is appropriate and compatible with other residences in the neighborhood because: (1) The project site is a pie shaped lot and at the narrowest point the side yard setback is five feet and widens to 15 feet on the side where the addition will be constructed. Furthermore, the five foot setback is between garages and not habitable space. (2) This five foot side yard setback occurs most frequently with pie shaped lots in this neighborhood. (3) The proposed addition will maintain the existing legal nonconforming five foot setback and follow . the existing development line with a varying setback up to 15 feet. (4) With the proposed addition and legal non -conforming side yard setbacks, the required 15 foot separation between residences will be maintained. (5) By maintaining the existing setbacks and separation between residential structures on adjoining lots, the proposed project is consistent with other homes within the neighborhood located on pie shaped lots at the end of a cul-de-sac. Additionally, the proposed project will increase the value of the subject residence and other residences in the neighborhood. The proposed use is consistent with the General Plan and any applicable specific plan; The proposed project is consistent with the General Plan because it is compatible with the prevailing characterof the surrounding neighborhood with regard to setbacks, separation between residential structures on adjoining parcels, height, lot coverage, architectural style, colors and materials. There is not applicable specific plan. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As stated in Findings (0, (g, (h), (i) and (i) above, the design, location, size and operating characteristics of the proposed addition are compatible with the existing and future land uses in the vicinity, (o) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 0 As stated in Findings (0, (g, (h), (i) and (1) above, the project site is physicallysuitable forthe type and densitylintensityofproposied addition 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 Soils report, Fire Department requirements and approval, structural plan check, City permits and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 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 judgment of the City of Diamond Bar. Nonconforming The proposed addition will not result in the structure becoming: I (r) Incompatible with other structures in the neighborhood. Residences in the neighborhood range from 2,100 to 3,004 square feet of habitable. The subject residence has 2,699 square feet of livable area. With the proposed addition of 1,960 square feet, the subject residence will be approximately 4,650 square feet of livable area. It is a common trend in Diamond Bar to increase the habitable square of a residence on the larger lots. The existing residence is one-story. Adding a second story is not unusual for this neighborhood since the subject residence is surrounded by two story homes. Therefore, the subject residence with the proposed addition will be comparable in square footage to other home within the neighborhood. As stated in Findings (f) and (1) above, the proposed addition is consistent with the architectural style of the subject residence and other residences in the surrounding neighborhood.. (s) Inconsistent with the General Plan or any applicable specific plan. As stated in Finding (m) referenced above, the proposed project is consistent with the General Plan. This is not an applicable specific plan for the project area. (t) A restriction to the eventual/future compliance with applicable regulations of this Development Code. Approval of the Minor Conditional Use Permit, which will permit the continuation of a legal nonconforming side yard setbacks will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations due to specific issues addressed in findings (1) and (r) above . (u) Detrimental to the health, safety and general welfare of persons residing in the neighborhood. Based on finding mentioned above and conditions of approval, the proposed addition and other minor improvements will not be detrimental to the health, safety and general welfare of persons residing in the neighborhood. (v) Detrimental and/or injurious to property and improvements in the neighborhood. Based on finding mentioned above and conditions of approval, the proposed addition and other minor improvements will not be detrimental and/or 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 and Standard Conditions attached hereto and incorporated by reference: I INC= Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the front yard for Planning Division approval. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Wet bar located in the mini gym/recreational room shall not have any kitchen facilities. B. Public.Works Department Prior to final inspection, the property owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements, including the pilaster, in the public right -of- way. C Building and Safety Division Door between garage and the house shall be 13/8 inch solid core self-closing. Walls and ceiling between living space and garage shall be 5/8 type X. 2. Prior to final inspection, the applicant shall install hard wire smoke detectors with battery back-up in all bedroom and hallway leading to sleeping areas. 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. and Mrs. Sunil Manaktala, 1456 Redpost Court, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 11Th OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I AN Steve Nelson, Vice 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 11th day of June 2006, by the following vote: UN911c"s AYES: NOES: ABSTAIN: ABSENT: Nancy Fong, Secretary COMMUNITY DEVELOPMENT PROJECT #: Development Review No. 2006-24 and Minor Conditional Use Permit No. 2006-06, SUBJECT: Addition to Existing Single -Family Residence PROPERTY OWNER: Mr. and Mrs. Sunil Manaktala APPLICANT: Mr. Ramon Sales LOCATION: 1456 Redpost Court ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements In accordance with Government Code Section 06474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-08 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim,. action of proceeding, and shall cooperate fully in the defense thereof. LUI 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-24 and Minor Conditional Use Permit No. 2006-06, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing - fees, s, - school ool fees and fees for th& review of sUbmitte'd- reports. 3. All designers, architects, engineers, and contractors' associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. 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. 11 11. Property ownerlapplicant shall remove the public hearing notice board within three days of this project's approval. - 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits 1 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits The approval of Development Review No. 2006-24 and Minor Conditional Use Permit No. 2006-06 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning commission approval. D. Site Development 1 The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" dated July 11,, 2006 including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Solid Waste 1. 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 approved herein. The removal of all trash, debris, and refuse, M 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 used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 1. An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented 'during construction between October Vt and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. 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 13 until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exteriorwall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered, glass as required by code. 9. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 14 RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Space Above Line For Recorder's Use Only COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE Development Review No. 2006-24/Minor Conditional Use Permit No. 2006-06 The undersigned hereby certify that Sunil and Meena Manaktala are the owner(s) of the hereinafter described real property located at 1456 Redpost Court in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 62, Tract Map No. 31153 Assessor's Book and Parcel Number 8293-041-030 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. M, a NOTE: THE COVENANT AND AGREEMENT SHALL BE NOTARIZED, AND RECORDED. NOTARY SHALL USE UPDATED FORM AS DESCRIBED IN CIVIL CODE SECTION 1189. WORD: COMDEV/FORMS/BLANK COVENANT... Scale 1:2753 azu SHOOG AO a9n(laHDS Z. GE, - m x cps"/ •6s 4T Clio ou-m4 T, I t's tm.:Blxz rmm VLL�4�a x Al w geti V -L UA QNY L5,`1V NI., !nNv,.,vrl wocc -L51 NO; .11GGV AO V-RdV AiaN Qa,z) 7Er, 3667. N -A E=- 46 CIO ;C�c0d— r - - ?. tl Nm. 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At bb �muJ ]nr:d•�:7Wi��ii ,':yv=cL,s7W '33tlIY7l-1�VN(41JQ -1vtlM1L4NIN'�9 .LtlttaJ L^ IPSO SI I•t-iL5+5 3evr+�vdQ a+LL5N3 1.8 --VLLo 3 ..ON .P �a tt r // C3t`7:]Ixa C1 h9it'Ni r j rhJ'1� oJ9rLL7l-. � .% i „PY y �. i0�.`J3NtJvJ al,mL, loa/mom z�s y1„vi- - Y r� :•fay—... _� '��- 'IaTIP77d Alatl�t:E -� . 461. At bb �muJ ]nr:d•�:7Wi��ii ,':yv=cL,s7W CITY OFDIAMOND BAR Project Meeting Schedule COMMUNITY DEVELOPMENT DEPARTMENT June o7 nnnn PLANNING COMMISSION REVIEW PROJECTS PC C. Pro*ect Location 6/27/06 7/11/06 7/25106 11 DR 2006-10 LDM/ AJL ROYAL STREET COM. (Telecommunication site) PH 275 PROSPECTORS DR 2006-09 LDM/ AJL BARBERO (Add/remodel) PH 441 WAYSIDE DR 2004-03(l) TP 2004-02(l) AJL NASSER ALMADI (One year extension of time — single PH 2557 BLAZE TRAIL family residence) DR 2006-17 DA LANDMARK ENG. DESIGN, INC. (Demo of and construction of single PH 603 PANTERA family residence). CUP 2006-09 AJL YIC TAEKWONDO (Relocating within Country Hills PH 21335 & 21337 COLD SPRINGS DR 2006-15 AJL HUBERT WILSON (1 st and. 2nd floor additions) PH 23649 COUNTRY VIEW ADMINISTRATIVE REVIEWS 7777777:777= A Project Location NONE PENDING PROJECTS 777777777777 Project Location 1336 BRIDGE GATE DR 2005-32 AJL KAISER MEDICAL APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Medical offices) WAITING FOR ADDITIONAL INFORMATION DR 2005-41 MCUP 2005-16 LKS HOU/MILES FOLSOM (Addition/remodel — over 50%) APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 2600 BROKEN FEATHER MV 2005-12 1200 CHISHOLM TRAIL DR 2006-19 LDM/ AJL LEE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION LEGEND PH=PUBLIC HEARING X=NON PUBLIC HEARING Project Meeting Schedule CITY OF DIAMOND BAR Page 2 June 27. 2006 COMMUNITY DEVELOPMENT DEPARTMENT PENDING PROJECTS (continued) Project Location CITYWIDE DCA 2006-01 AJL DEVELOPMENT CODE PROCESSING AMENDMENT CLEAR CREEK CYN/ TTM 06166 AJL AKBAR OMAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — MONUMENTCYN MONUMENT CYN TM 2005-02 (5 -lot single family residential) WAITING FOR ADDITIONAL INFORMATION. NEW PLANS TO BE SUBMITTED BY DEVELOPER. 2366 CLEAR CREEK LN. DR 2006-13 LDM/ GEORGE MIDLEY APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — i AJL (Demo and rebuild single family WAITING FOR ADDITIONAL INFORMATION residence) TERMINUS AT CROOKED V17M 54081 AJL DANIEL SINGH FINALIZING ENVIRONMENTAL DOCUMENT CREEK 1 (19 Lot residential/subdivision) 150 DIAMOND BAR BL. CUP 2006-02 SC CHEVRON PRODUCTS APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — DR 2006-05 (Demolish and rebuild gas station) WAITING FOR ADDITIONAL INFORMATION CSP 2006-01 206 DIAMOND BAR BI. ZC 2005-02 AJL SHELL APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — CUP 2005-07 (Remodel/addition of car wash) WAITING FOR ADDITIONAL INFORMATION DR 2005-36 SR 2005-32 2707 DIAMOND BAR BI. DR 2005-38 LKS T -MOBILE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — MV 2005-11 (Wireless telecom facility) WAITING FOR ADDITIONAL INFORMATION 23655 FALCONS VIEW DR 2006-02 — LDM/ CHIEN YEH APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — AJL (Demo of and construction of new WAITING FOR ADDITIONAL INFORMATION sing e family residence) 21725 GATEWAY CTR. DR 2006-20 LDM/ ROYAL STREET COM. PROCESSING AJL (Telecommunications site 1600 GRAND CUP 2005-08 AJL CINGULAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — — (Wireless at Diamond Bar Center) WAITING FOR ADDITIONAL INFORMATION LARKSTONE DR. EIR 2005-01 NF JCC — SOUTHPOINTE EIR IN PROGRESS (99 single family residential) 21324 PATHFINDER DR 2004-33 LKS MOHAMAD SALIMNIA APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — Gas station remodel) WAITING FOR ADDITIONAL INFORMATION 2201 PEACEFUL HILLS CUP 2006-05 SC NEXTEL t APPLICANT NOTIFIED OF INCOMPLETE PLETE APPLICATION — (Wireless facility) WAITING FOR ADDITIONAL INFORMATION 1456 RED POST CT. DR 2006-24 AJL SUNIL MANAKTALA" PROCESSING (Addition) Project Meeting Schedule CITY OF DIAMOND BAR Page 3 11nftAhA"K1MV r)M/171 nDhA17NIT nppAPTRAPNIT June 21, PENDING PROJECTS (continued) Project LocationStatus APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — 23121 RIDGELINE DR 2006-18 AJL HGUI Single Family Residence) Sin le WAITING FOR ADDITIONAL INFORMATION 2887 SHADOW CANYON DR 2005-35 LKS EKO KUNJORO APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — TP 2005-09 (Single family residence) WAITING FOR ADDITIONAL INFORMATION. NEW PLANS TO BE SUBMITTED BY DEVELOPER 2695 SHADY RIDGE DR 2005-21 LKS XLART GROUP APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 1425 SUMMITRIDGE CUP 2006-03 AJL OMNIPOINT COM. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — Diamond Bar Center) DR 2006-16 (Wireless co -location) WAITING FOR ADDITIONAL INFORMATION 24142 SYLVAN GLEN CUP 2006-01 LKS CINGULAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — Peterson Park) DR 2006-01 (Expand telecommunication facility) WAITING FOR ADDITIONAL INFORMATION 24418 TOP COURT DR 2006-12 LKS HIMANSHU TANNA APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — Ist & 2nd story addition) 1st WAITING FOR ADDITIONAL INFORMATION 3015 WAGON TRAIN DR 2003-27/ AJL LAUREN PARK APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — TP 2003-08/ (Extension of time) WAITING FOR ADDITIONAL INFORMATION MCUP 2004-02 20405 WALNUT DR 2005-34 AJL LAMPS PLUS APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Warehouse/retail building) WAITING FOR ADDITIONAL INFORMATION 24115 WILLOW CREEK DR 2006-14/ AJL MARTHA MIJARES APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — MCUP 2006-05 (Remodel/addition) WAITING FOR ADDITIONAL INFORMATION CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On July 11, 2006, 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 July 7, 2006, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on July 11, 2006, 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 Diamond Bar Library 1061 Grand Ave. Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on July 7, 2006, at Diamond Bar, California. Stella Marquez Community Development Department &Vaffidavitposfing.doc ATTACHMENT "'I" APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL Detailed drainage system information of the lot with careful attention to any flood hazard area and swales shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. An Erosion Control Plan shall be submitted concurrently with the drainage plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 3. The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of-way. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Submit Public Works Department approved drainage plan. 5. All balconies shall be designed for 601b. live load. 12 ATTACHMENT "I" 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Indicate all easements on the site plan. 8. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior walL b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 10. Specify location of tempered glass as required by code. 11. The door between garage and the house shall be 1 3/8" solid core door, self closing. Walls and ceiling between living space and garage shall be 5/8 type X. 12. All bedrooms shall comply with all rescue window requirements and size of all windows shall be specified on the plans. 13. Provide arc fault protection for all new bedroom outlets. Provide ground fault protection for all new bathrooms, kitchen and laundry outlets. 14. Indicate compliance with heating requirements for the new addition. 15. Provide 30 inch clear width for water closet with 24 inch clear in front. 16. Specify if the existing walls removed are bearing or non-bearing. If bearing provide beams, columns, and foundation design and details. Word: comdevAinda smith/plancornm/projects/DR 2006-12/DR 2006-12 ... /Reso... 13