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HomeMy WebLinkAbout01/8/2008PLANNING FILE COPY COMMISSION AGENDA January 8, 2008 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Nelson Tony Torng Kwang Ho Lee Kathleen Nolan Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title /I of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting must inform the Community Development Department 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 MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission ar'e 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 questionswelcome tso that he staff and points of City Council.view are considered prior to the Commission making recommendations 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 Development Department. ged by personallable 72 computer atrtherr°umber belowing at City and may Hall and the public library, Y becces 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 micrlth ophonellity and impairments anguage�nterp titer services cannot access the public speaking area. The service of the cordless 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 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, January 8, 2008 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2008-01 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman Tony Torng, Kwang Ho Lee, Kathleen Nolan, Jack Shah 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 Minutes of Regular Meeting: November 27, 2007. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING(S): 7.1 Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08— In accordance with Development Code Sections 22.48 and 22.56, the applicant is requesting to construct a 4,026 livable square foot addition to an existing 4,035 square -foot Single Family Residence on an existing 85,983 sq. ft., 131-40,000 zoned parcel with a consistent underlying General Plan land use designation of Rural Residential (RR) and Minor Conditional Use Permit for the continuation of a nonconforming front yard setback. Project Address: 22909 Lazy Trail Property Owner: Ankur Shah 22909 Lazy Trail Diamond Bar, CA 91765 JANUARY 8, 2008 PAGE 2 PLANNING COMMISSION AGENDA Applicant: Dale Thompson, B & D Construction 1472 Avenida Loma Vista San Dimas, CA 91773 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301(e) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission continue Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 to February 12sS �onforman�e'dwith the Citye the aof nt tD amond Bar's ime to submit revised drawings that addre Hillside Management development standards. 8,, PUBLIC HEARING(S): 8.1 Dove lo ment Review No. 2007-28 - In accordance with Development two sto e Section 22.48, the applicant is requesting to construct a 3,692 sq. ry addition and remodel the existin25 310sIg ftn(0.58The acres) ofsubject landproperty area is zoned RR (R-1 20,000) and it contains q Project Address: 2552 Wagon Train Lane Property Owner/ Mr. and Mrs. Nicholas Hung Applicant: 2552 Wagon Train Lane Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is categorically exempt from the provis and ions of theC5332 of the CEQA Guadelinels.y Act (CEQA), under Sections 15301 Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2007-28, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8.2 Development Review No. 2006-29, Tree Permit No. 2006-06, Minor Variance No. 2006-04 and Variance No. 2007-07 — In accordance with Development Code Section 22.48, the applicant is requesting to construct a new four-story single family dwelling unit with an attached second dwelling. The subject property is zoned RR (R-1 (40,000) and it contains 52,272 sq. ft (1.2 acres) of land area. Project Address: 1755 Derringer Lane JANUARY 8, 2008 PAGE 3 PLANNING COMMISSION AGENDA Property Owner: Mr. and Mrs. Alex V. Prince 160 S. Hudson Avenue, #411 Pasadena, CA 91175 Applicant: S & W Development 20272 Carrey Road Walnut, CA 91789 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Sections 15303 and 15332 of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-29, Tree Permit No. 2006-06, Minor Variance No. 2006-04 and Variance No. 2007-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 10. STAFF COMMENTS/ INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. 11. SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY COUNCIL MEETING: WINTER SNOW FEST: PLANNING COMMISSION MEETING: Thursday, January 10, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, January 15, 2008- 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Saturday, January 19, 2008 — 10:00 a.m. to 4:00 p.m. — Pantera Park, 738 Pantera Dr. Tuesday, January 22, 2008 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive JANUARY 8, 2008 PARKS AND RECREATION COMMISSION MEETING: 12. ADJOURNMENT: PAGE 4 PLANNING COMMISSION AGENDA Thursday, January 25, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive ffi DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 27, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah, Vice Chairman Tony Torng and Chairman Steve Nelson. Also present: Greg Gubman, Planning Manager; Brad Wohlenberg, Assistant City Attorney; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of November 13, 2007. VC/Torng moved, C/Shah seconded to approve the November 13, 2007, Minutes as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Shah, Lee, Nolan, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 14 NEW BUSINESS: None 7. CONTINUED PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 2007-02 and Development Review No. 2007-02 — In accordance with Development Code Sections 22.42, 22.48, 22.54 and 22.58, the applicant requested approval to establish a wireless telecommunications facility (cell site) at Pantera Park. The purpose of the NOVEMBER 27, 2007 PAGE 2 2DRAFT PLANNING COMMISSION proposed cell site is to receive and transmit wireless communication data via the Royal Street Communications network. Improvements associated with the proposed cell site include: replacement of an existing 92 -foot high field light pole sign with a panel antenna array and microwave dish; and construction of an unmanned 240 square -foot, 10.5 foot tall equipment building to match existing park structures. Approval of a Conditional Use Permit is required to establish a cell site and Development Review approval is required for the architectural design of the proposed improvements. PROJECT ADDRESS: 738 Pantera Drive (Pantera Park) Diamond Bar, CA 91765 PROPERTY OWNER: City of Diamond Bar APPLICANT: Royal Street Communications, LLC 2913 EI Camino Real #561 Tustin, CA 92782 PM/Gubman presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2007-02 and Development Review No. 2007-02, Findings of Fact, and conditions of approval as listed within the resolution. PM/Gubman responded to C/Shah that the height of the existing and new pole was 92 feet. VCITorng asked for PM/Gubman to please show him the final attachment because he was unclear about the coverage of LA2257. PM/Gubman displayed a coverage map showing the service provided by the Royal Street Communications network that would be going on line. The green color indicates the strongest signal coverage; the yellow provides coverage inside a vehicle. The combination of green and yellow is the best coverage inside a vehicle and inside a building. Green, yellow and red show the overall outdoor coverage. The orange outlines the proposed Pantera Park cell site with a large white area indicating—a gap in service coverage for the Royal Street Network. Another map shows the predicted coverage for the Pantera Park cell site. Within the dark green area (closest to the antenna) is the strongest area of interior reception; the yellow shows reception in a vehicle and the yellow green and red shows coverage in any outdoor location the signal should be able to reach. Renditions show Pantera before the cell site and Pantera after installation of the cell site. VC/Torng said it was interesting k@ DRAFT NOVEMBER 27, 2007 PAGE 3 PLANNING COMMISSION that a lot of sites were not covered. PM/Gubman said the hills would create a physical barrier to the signal. Chair/Nelson asked if this project was posted with a sign at the site so that anyone using the park would be aware of this project and PM/Gubman responded, "correct." In fact, the reason this project was continued to tonight was because the sign had not previously been posted a full ten days prior to the public hearing as required. Chair/Nelson opened the public hearing. Davina Felix, 420 McKinley Street, Corona, said she read staff's report and concurred with the conditions of approval. C/Lee said that Pantera Park is a busy park and wondered about the construction timeframe. Ms. Felix responded that a pre -construction meeting will be scheduled once the project is submitted to the Building Department. In addition, the applicant will work with the Parks Department on the timeframe, which would be suitable for the City schedules. C/Lee wondered how the applicant would protect park goers during installation and Ms. Felix indicated that there would be construction fencing surrounding the area. C/Lee said the radius of the fence should be wider although the pole will be forced down. Chair/Nelson said he would assume the City was pretty careful about protecting its liability within parks and that every safety precaution would be taken. PM/Gubman explained that these installations are heavily engineered structures that need to be able to support the height, weight and wind load of the pole and array. Of course the City's Building and Safety Department will review structural design and the project will be required to conform to support requirements. Ms. Felix said the soil tests for the structural calculations have been completed. C/Lee cautioned Ms. Felix to be careful on that because there are a lot of kids that play in the area and can climb the fence so every effort should be made to ensure safety. Chair/Nelson closed the public hearing. C/Lee moved, C/Nolan seconded, to approve Conditional Use Permit No. 2007-02 and Development Review No. 2007-02, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: DRAFT NOVEMBER 27, 2007 PAGE 4 PLANNING COMMISSION AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 8. PUBLIC HEARINGS: None 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng commented that there have been two different cell site applications with two different results. He said he watched the City Council meeting discussion regarding Ronald Reagan Park and he felt that cell sites should be less intrusive to citizens and no citizens who spoke were interested in having a cell site in Ronald Reagan Park. He suggested that staff look into the map that the City provides to cellular companies and re-evaluate locations. Pantera Park is big and Ronald Reagan is a small intimate park. If the City leaves Ronald Reagan Park on the map cell providers will come back again and choose that site because it is a high point. He really wanted staff to look into the proposed map before submitting it to the applicant and maybe the City could leave off Ronald Reagan Park next time so the City does not have this kind of controversy. He hoped staff could really consider his suggestion. Obviously Pantera Park is big enough and there is an existing structure and maybe the City has to really think about something like that too. C/Shah commended staff on its presentation regarding the proposed Ronald Reagan cell tower. He hosted an Indian New Year Festival at Diamond Bar Center, which was dedicated to Bob Zirbes. Approximately 500 people including Mrs. Zirbes and Council Members attended the festival. Chair/Nelson said he did not disagree with VC/Torng but staff has no context for developing criteria for what might be considered "intrusive." Staff can say a small public park does not work. However, cell sites have been placed in small pocket parks. He believed that the Commission would make its decision based on community perception. VC/Torng said that the City already has experience with Ronald Reagan Park and he did not want this site on the map. He thought the City would fight this off because obviously they are coming back in February again. Even the City Council decided to evaluate the site but it's still not off yet. They are coming back. So in the future if we just don't suggest this site to the companies this same problem won't happen. He agreed with Chair/Nelson but when citizens come before the Planning h NOVEMBER 27, 2007 PAGE 5 PLANNING COMMISSION Commission they say "health issues, health issues" and the Planning Commission cannot base its decision on health issues. So in a way the City has to remove it so it does not have to face the same problem again. That was his point. Chair/Nelson said VC/Torng's suggestion had some merit. Residents who came before the Commission about Ronald Reagan Park came to the Commission and stated they had every right and said the City could not deny them their wishes because it is in the City's book. If there is some way to develop minimal criteria or at the very least not let applicants believe all they have to do is show up to a meeting and their application would be approved it would help the Commission because the Commission tends to go with the community. PM/Gubman said that staff learned from that experience and intends to approach the lease agreements at public parks differently. To this point, lease agreements have been submitted to the City Council, and the lease was approved pending a land use approval of the Conditional Use Permit and the potential negative scenario occurred in this case. Through this recent experience staff will review the Conditional Use Permit first and pending that outcome, the City Council can decide whether to sign the lease. Unfortunately, once a lease is signed there is little opportunity left for discretion. C/Nolan said she too wholeheartedly agreed. In the case of tonight's continued public hearing item the lease was already signed. And she voted for the Ronald Reagan application based on the criteria available at the time. She appreciated this matter being reviewed by staff. 10. STAFF COMMENTSIINFORMATIONAL ITEMS. 10.1 Public Hearing dates for future projects. PM/Gubman reminded Commissioners that they are invited to the H MART grand opening on Friday through Sunday. The Temporary Use Permit was approved today and there is an ambitious program underway for the event. The City is excited about the potential of this new business hand-in-hand with the revitalization of the center. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. D DRAFT NOVEMBER 27, 2007 PAGE 6 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 7:31 p.m. Attest: Respectfully Submitted, Greg Gubman, Planning Manager Steve Nelson, Chairman wIT -. OF Ti- rPLANNING COMMISSIONAGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 ITEM NO.: 7.1 DATE: January 8, 2008 TO: Chairman and Members of the Planning Commission FROM: David Alvarez, Planning Technician VIA: Greg Gubman, Planning Manager SUBJECT: Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 PROJECT 22909 Lazy Trail LOCATION: RECOMMENDATION: Staff recommends that the Planning Commission continue Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 to February 12, 2008, to provide the applicant time to submit revised drawings that address conformance with the City of Diamond Bar's Hillside Management development standards. F PLANNING COMMISSION \j9s9� AGENDA REPORT 21825 COFLEY DRIVE --DIAMOND BAR, CA 91765 -TEL (909) 839 -7030 -FAX (909) 861-3117-www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 4F, MEETING DATE: January 8, 2008 CASE/FILE NUMBER: Development Review No. DR 2007-28 PROJECT LOCATION: 2552 Wagon Train Lane Diamond Bar, CA 91765 APPLICATION REQUEST: To construct a 3,692 sq. ft. two-story addition and to remodel an existing single-family dwelling unit. PROPERTY OWNERS: Mr. & Mrs. Nicholas Hung 2552 Wagon Train Lane Diamond Bar, CA 91765 APPLICANTS: Mr. & Mrs. Nicholas Hung 18400 San Jose Ave. City of Industry, CA 91748 STAFF RECOMMENDATION- Conditional Approval BACKGROUND: A. Project Description: The applicant is requesting approval of plans to construct a 3,692 sq. ft., two-story addition to the existing dwelling unit. In addition, a 4 -car, 805 square foot attached garage is proposed. The existing dwelling unit will also receive major interior remodeling. The proposed project will result in a 4 -bedroom and six bath single-family dwelling unit containing 7,264 sq. ft. of living area. The southerly drive approach will be eliminated and one existing mature tree will be removed to accommodate the proposed project. The removed tree will be replaced with at least three new 24 -inch box trees. B. Site Description: The site is located on the east side of Wagon Train Lane at the "T" intersection with Rim Fire Lane. The site is legally described as a portion of Lot 108, Tract 30578. The Tax Assessor Parcel No. is APN 8713-026-013. The property in question contains 25,420 gross square feet (0.57 acres) of land area. The site has 97 feet of street frontage and a lot depth of approximately 250 feet. The site is fully developed with a two-story single-family dwelling unit. The site has a large level building pad and slopes down from the south to the north. The subject property has an average slope of approximately 30%. The site is zoned RR (Rural Residential) (R-1 20,000) ANALYSIS: A. Review Authority (Chapter 22.48) and (Chapter 22.52) The construction of a single family residence requires approval of a Development Review Application. B. Site and Surrounding General Plan, Zoning and Uses C. Development Review (22.48) 1. Residential District General Development Standards: The following Table 2 compares the proposed project with the City's Development Standards for Residential Development in the R-1 (20,000) RR Zone: Page 2 DR 2007-28 General Plan Zone Uses Site Single Family Residential R-1 20,000 RR Residential North Single Family Residential R-1 (20,000) RR Residential South Single Family Residential R-1 (20,000) RR Residential East Single Family Residential R-1 (20,000) RR Residential West Single Family Residential R-1 (20,000) RR Residential C. Development Review (22.48) 1. Residential District General Development Standards: The following Table 2 compares the proposed project with the City's Development Standards for Residential Development in the R-1 (20,000) RR Zone: Page 2 DR 2007-28 Development R-1(20,000) RR — Development Proposed Meets Feature Standard Requirements Minimum lot area -50 Acre .57 -acre. Yes Residential density 1 single-family unit 1 single-family unit Yes Front setback 30 feet 30 feet Yes 29'-0" - North side 15 ft on one side and 10 ft on 10'-0"- Southside Yes the other The proposed project is Side setbacks 25 ft between structures on located over 25 ft from adjoining parcels the existing structures on adjoining parcels 25 ft from property line or Yes Rear setback buildable pad on a descending 98 ft. from property line slope whichever is applicable Lot coverage 30% 17% Yes 4 -ft to create a building pad Retaining Wall Height 6 -ft. permitted 6_111 Yes 7 -ft allowable by Director Bdlilding height limit 35 feet maximum 31'-8" Yes Landscaping 50% of Front Yard 56% Yes One permitted Number of driveways If site has 70 ft. of frontage two 1 driveway Yes are permitted Width of Drive 14 ft. maximum permitted 14 ft. Yes Approach Parking 2 spaces fully enclosed 4 spaces fully enclosed Yes 2. Site and Grading: The site has been leveled to provide a pad for the existing dwelling. Retaining walls have been constructed on the south and north sides of the dwelling to create the building pad. The applicant intends to widen the building pad by approximately 15 feet. New retaining walls will be constructed on the north and south sides of the new dwelling. The maximum height of the new retaining walls will not exceed six feet. The applicant has indicated that the proposed project will require approximately 206 cubic yards of cut and 265 cubic yards of fill. Import of approximately 60 cubic yards of fill material will be required. Staff recommends that the new retaining walls be constructed of decorative masonry material, or that the exposed face should be covered with masonry veneer to match the material that will be used on the exterior walls of the building. 3. Building Elevations: The architecture is contemporary with tile roof, stucco walls and a tower element at the rear of the proposed building. The Page 3 DR 2007-28 prominent entry is two -stories tall and will contain tall doors and leaded glass design elements. The plans indicate that a ledger type stone will be used as a wainscot. The windows and doors will be treated with a masonry type surrounds that match the building trim elements. 4. Landscaping: There is one mature tree located in the front yard adjacent to the private street that will be removed as part of this development. The existing tree is not a protected species. The applicant will be required to replace the removed tree at a ratio of three to one. The minimum size of the replacement trees will be 24-ich box. The submitted landscape plan indicates that the applicant will plant at least 8 new trees on the subject property. The slopes will be landscaped and irrigated as required. The subject property is located in Fire Zone 4 and the proposed landscaping must comply with the Los Angeles County Fire Department's Fuel Modification Plan. Staff has calculated that approximately 1,635 sq. ft. of the required 2,910 square foot front yard setback will be landscaped (56%). The preliminary landscape plan provides for the screening of the retaining walls and the planting of the site is to be consistent with the Los Angeles County Fire Department's Fuel Modification Plan. D. Compliance with Hillside Management Ordinance The house pad was created as a relative flat portion of the site. The building pad is oriented parallel to the topographical contours. It uses a system of tiered retaining walls to create the pad for the house as well as the front and rear yards. The proposed dwelling complies with the City's building height regulations and it will not exceed 35 feet in height as measured from the finished grade to the highest ridge beam. Staff finds that the proposed project is consistent with the City's Hillside Design and Development Regulations. E. 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 recommended conditions of approval. G. HOA Review The applicant indicates that the Diamond Bar Country Estates Homeowners Association has been contacted and that the proposed development plans have been submitted for review and approval. H. General Plan Design Guidelines and Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the Page 4 DR 2007-28 adopted General Plan in terms of land use and density. The proposed expansion of the existing dwelling unit will not negatively affect the existing surrounding land uses. The design and appearance of the proposed Project unit is compatible with the City's design criteria and the existing neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301, 15303 and 15332 of the CEQA guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution conditionally approving Development Review No. DR 2007-28. Prepared by: David D. Meyer LDM Associates, Inc. Planning Consultant Reviewed by Greg Gubman, AICP Planning Manager Attachments: 1. Aerial 2. Draft Resolution of Approval with required findings 3. Exhibit "A" — site plan, floor plan, and elevations. Page 5 DR 2007-28 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-28 REGARDING A REQUEST TO CONSTRUCT A 3,692 SQUARE FOOT TWO-STORY ADDITION AND TO REMODEL THE EXISTING DWELLING ON LOT NO. 108 OF TRACT 30578, LOCATED AT 2552 WAGON TRAIN LANE (APN: 8713-026-013) A. RECITALS The Planning Commission considered an application filed by the property owners Mr. & Mrs. Nicholas Hung requesting approval of plans to construct a 3,692 sq. ft. two-story addition and to remodel the existing dwelling unit to create a five bedroom, six bathroom single-family dwelling unit at 2552 Wagon Train Lane. 2. The subject property is zoned R1-20,000 (RR) and it contains 25,420 ft. of land area. 3. The subject property is legally described as Lot 108, Tract 30578 and the Assessor Parcel Number (APN) 8713-026-013. 4. Public Hearing notifications were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, and property owners within a 500 -foot radius of the project site were notified by mail of the proposed project_ Further, a public hearing notice display board was posted at the site, and at three other locations within the project vicinity. 5. On January 8, 2008, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, and Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance to Sections 15301, 15303 and 15332 of the CEQA Guidelines. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed addition to and the remodel of the existing single-family residence is consistent with the RR zone's Development Standards and the City's Design Guidelines. In addition the proposed project with conditions of approval is consistent in terms of mass, scale and appearance of the surrounding single-family dwelling units. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a developed residential estate neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed project will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence is consistent with the terms and conditions of the long-range planning policy documents adopted by the City of Diamond Bar The proposed project is compatible with the scope, scale and appearance of the surrounding existing homes. The proposed project is an expansion of an existing single-family dwelling that will enhance development within the surrounding neighborhood. d. 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. The project's design and use of construction material are consistent with other single-family residences in the neighborhood. 2 Planning Commission Resolution No. 2008 e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative effect on property values or resale of property) to the properties or improvements in the vicinity. The proposed expansion of the single-family residence is consistent with the existing and anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planninq Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. (2) The applicant shall obtain the services of a licensed landscape architect to prepare the final landscape plans for the proposed project. The landscape plans shall include the design and selection of material for all hardscape, walls and fencing. The detailed landscape plans shall be submitted to the Community Development Director for review and approval, prior to issuance of building permits. (3) The required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan in terms of plant selection, placement and maintenance. (4) The proposed retaining walls shall be constructed of decorative masonry material or they shall be covered with veneer to match the material used on the building elevations. Design plans shall be prepared and submitted to the Director for review and approval. (5) The maximum exposed face of any retaining wall shall not exceed six (6) feet. All retaining walls shall be screened with approved landscape material. C. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 3 Planning Commission Resolution No. 2008-_ 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 the applicant/property owner, Mr. Nick Hung, 18400 San Jose Ave., City of Industry, CA 91748. APPROVED AND ADOPTED THIS 8T" DAY OF JANUARY 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, 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 8th day of January 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 4 Planning Commission Resolution No. 2008-_ _DIAi1TOND BABA COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No: Development Review No. 2007-28 SUBJECT: Construction of a 3,692 sq. ft. two-story Addition and Remodel of an existing dwelling unit. PROPERTY Mr. & Mrs. Hung OWNER: 2552 Wagon Train Lane Diamond Bar, CA 91765 APPLICANT: Nick Hung 18400 San Jose Ave. City of Industry, CA 91748 LOCATION: 2552 Wagon Train Lane, Diamond Bar, CA 91765 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 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 No. 2007-28 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 Planning Commission Resolution No. 2008-, 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 No. 2007-28 at the City of Diamond Bar Community Development 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 Resolution No. 2008 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans. 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 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 roof 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 6 Planning Commission Resolution No. 2008- C. A FEES/DEPOSITS 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 perm it(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 comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. TIME LIMITS The approval of Development Review No. 2007-28 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. SITE DEVELOPMENT 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 referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3 El All roof mounted equipment shall be screened from public view. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 7 Planning Commission Resolution No. 2008- 2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the retaining wall height. 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 or fencing proposed in the front setback shall not exceed 42 inches maximum height. 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that any and all slope vegetation is in satisfactory condition. F. SOLID WASTE 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An erosion control plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 8 Planning Commission Resolution No. 2008-_ 3. 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. B. SOILS REPORT/GRADING/RETAINING WALLS Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as 9 Planning Commission Resolution No. 2008-_ required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 10. Submit a stockpile plan showing the -proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE 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. D. SEWERS/SEPTIC TANK Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 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 the 2004 California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the 10 Planning Commission Resolution No. 2008-_ Building and Safety Division. 3. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 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. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 6. Specify 5/8" type X between the garage and the house. 13/8 solid core self closing door between the house and garage. 7. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 8. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 9. Insert as applicable "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 10. Insert as applicable "Separate permits are required for pool, spa, pond and tennis court" and shall be noted on plans. 11. A height survey may be required at completion of framing. 12. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 13. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) 14. Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building & Safety Division to take directly to the school district. Walnut Valley School District 880 S Lemon Ave 11 Planning Commission Resolution No. 2008-_ Walnut, CA 91789 (909) 595-1261 15. Submit a total of 3 full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 15. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 16. All balconies shall be designed for 601b. live load. 17. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 18. Indicate all easements on the site plan. 19. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 20. 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 the Very High Hazard Fire Severity Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior walls. 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 d4mension except where such openings are equipped with sash or door. 21. All retaining walls shall be submitted to the Building & Safety Division and Public Work Department for review and approval. 22. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 23. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 24. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 25. Specify location of tempered glass as required by code. 26. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 12 Planning Commission Resolution No. 2008-_ 27'. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 feet at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 13 Planning Commission Resolution No. 2008-_ Page 1 of b lb . pa to c4 r�+pv 6 b lb . pa to c4 r�+pv w E E E 1CJ'iTit PnPNW'1P1IiY1f1 x9:nIN:SR F9a�•E� Ill 0-1 :tliM I:PFtZlIL•.ISxP3 � Px (� g 041i ��.,$" fi� G f 4e .-�� �nira •.. 1 � i� 1 1 1 l l l l I NO � I II II II � II�I,III 11, IIII 'I IIIA � ®. o , \ I111j,111111 li' I � � _r 11 411 g���� s $•�° 11+11;11 II I,I..� 1�1�I ® s G©000 000 I' I I I 1 1 { .I III I I I 0 111111 I�IIIrI I I oo z,,��`$$ 0 9$ �g#[ %4g�i I, 1 II 3 ORM OR w I I I R I I I I I I I 11111,,11':..Po _ F a I I I I III L 9s R 3 4 E R • 4! 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The proposed structure has two 2 -car garages containing 969 square feet of enclosed floor area. Applicant is requesting approval to reduce the front and rear yard setbacks PROPERTY OWNERS: Mr. & Mrs. Alex Prince 160 S. Hudson Ave., # 411 Pasadena, CA 91175 APPLICANTS: S&W Development 20272 Carrey Road Walnut, CA 91789 STAFF RECOMMENDATION: Conditional Approval BACKGROUND: A. Proiect Description: The applicant is requesting approval of a Development Review Application, a Variance, a Minor Variance and a Tree Permit to construct a four-story single-family estate dwelling unit with an attached second unit. The dwelling unit contains 8,165 square feet of living area which includes the attached second dwelling. The primary dwelling contains 4 bedrooms and 7 bathrooms. The second unit contains 1,134 square feet of living area and it includes 1 -bedroom and 2 -bathrooms. The proposed structure will have two 2 -car garages that have a combined total area of 969 square feet of enclosed floor area. The lowest level of the structure contains a swimming pool, a spa and a bathroom. The applicant is requesting approval of plans to reduce the required front yard setback from 30 feet to 24 feet. Section 22.08.040 (DBDC) requires that the proposed building be set back 25 feet from the buildable pad on a descending slope. The proposed structure is set back between 5 to 12 feet from the edge of the building pad. The applicant is requesting a variance from this hillside development standard. The applicant's justification for granting the variances has been attached. Staff has prepared findings supporting the requested variances from the City's development standards and they are set forth in the attached draft Planning Commission Resolution. B. Site Description: The vacant site is located on the west side of Derringer Lane approximately 1,300 feet south of Shotgun Lane within the Diamond Bar Country Estates. The site has approximately 116 feet of street frontage and a lot depth of approximately 450 feet. The average slope of the site is approximately 43%. The site steeply slopes down in a westerly direction from Derringer Lane. The site has a grove of small oak trees near the bottom of the slope. The applicant reports that the oak trees are located beyond the proposed grading limits. The site is_legally described as Lot 4, Tract 24046 and the Tax Assessor Parcel No. is APN 8713-003-004. The site contains 52, 272 gross square feet (1.20 acres). The property in question is zoned RR (R-1 40,000). The site is subject to the City's Hillside Management Development Standards. ANALYSIS: A. Review Authority (Chapters 22.38, 22.48, 22.52 and 22.541 The construction of a four-story split level, single-family dwelling with an attached second unit requires approval of a Development Review Application Chapter 22.48. The reduction of the front yard and rear yard setbacks requires approval of a Page 2 DR 2006-29 Variance as per Chapters 22.52 and 22.54. The preservation of the existing trees is subject to the provisions of Chapter 22.38. B. Site and Surrounding General Plan Zoning and Uses C. Development Review (22.48) 1. Residential District General Development Standards: The following table compares the proposed project with the City's Development Standards for Residential Development in the RR (R-1 (40,000) Zone: Development Standards Comparison General Plan Zone Uses Site Single Family Residential R-1 40,000 RR Vacant North Single Family Residential R-1 40,000) RR Vacant South Single FamilyResidential R-1 (40,000) RR Vacant East West Single Family Residential Single Family Residential R-1 (40,000) RR R-1 (8,000) RLM Residential Residential C. Development Review (22.48) 1. Residential District General Development Standards: The following table compares the proposed project with the City's Development Standards for Residential Development in the RR (R-1 (40,000) Zone: Development Standards Comparison Page 3 DR 2006-29 RR (R-1 40,000) — Meets Development Development Proposed Requirements Feature Standard Minimum lot area 40,000 sq. ft. 52,272 sq. ft. Yes Residential density 1 single-family unit 1 single-family unit Yes One unit permitted Second dwelling 1,200 s.f. if building pad is One proposed 1,134 s.f. Yes 10,000 s.f. Minimum Building 10,000 s ft. q 10,987 sq. ft. Yes Pad re. 2nd Unit Minor Variance Front setback 30 feet 24 feet Required 10'-0" - South side 10 ft on one side and 15 ft on 15'-0"- North side Yes Side setbacks the other n 25 ft between structures o 25 ft between structures on adjoining parcels adjoining parcels min. 25 ft from the property line or 5' to 12' from edge of Variance Required Rear setback buildable pad on a descending building pad slope Let coverage 30% 12% Yes Building height limit 35 feet maximum 35' feet Yes 6 ft. maximum height. 7 ft Yes Retaining Walls Director may approve 7 ft Page 3 DR 2006-29 2. Site and Grading: The applicant is proposing to use a series of four (4) terraced retaining walls to create the building pad. Three of the retaining walls will be seven (7) feet in height. The retaining wall that creates the building pad will be four (4) feet in height. The applicant indicates that the proposed project will require 1,000 cubic yards of cut and fill of approximately 1,200 cubic yards. The submitted plans indicate that the grading area will not impact the existing mature trees. The vacant lot to the north is being considered for development. Staff has encouraged the applicant to work with the adjoining property owner to determine if there is an opportunity to combine the grading efforts for both parcels of land. The applicant has indicated that there is no common goal between the two projects and that the subject property owner wishes to proceed independently with the proposed project. 3. Elevations: The proposed building is comprised of wood frame and stucco and it can best be described as a typical California eclectic style. The roof is hipped and it will be covered with Spanish style concrete tiles. A series of arched architectural elements will be used to emphasize the entry and the porte-cochere. Stone veneer will be applied to the front of the building. 4. Building Height. The height of the building will be 35 feet as measured from the finished grade to the highest ridge beam. The maximum allowable building height is 35 feet. 5. Landscaping: The preliminary landscape plan indicates that not existing mature tree will be removed from the site. The front yard will contain at least 52% of the area in plant or turf material. Seventeen new 24 -inch box trees will be planted. The proposed retaining walls will be screened with shrubs. The graded slopes will be planted and irrigated. The landscaping will be required to comply with the Los Angeles County Fire Department's fuel Modification Plan. The proposed landscaping appears to comply with the City's design guidelines and development regulations. Page 4 DR 2006-29 maximum height based on varying topographical features Landscaping 50% of Front Yard 52% of front yard landscaped Yes Number of driveways One permitted If site has 70 ft. of frontage Site frontage is 116 ft. Two Yes Two are permitted Width of Drive 14 ft. maximum permitted 14 ft. Yes Approach 2 spaces fully enclosed 1 -covered space required for Parking second unit and 4 Spaces-- Covered Yes In hillside areas additional parking may be required 2. Site and Grading: The applicant is proposing to use a series of four (4) terraced retaining walls to create the building pad. Three of the retaining walls will be seven (7) feet in height. The retaining wall that creates the building pad will be four (4) feet in height. The applicant indicates that the proposed project will require 1,000 cubic yards of cut and fill of approximately 1,200 cubic yards. The submitted plans indicate that the grading area will not impact the existing mature trees. The vacant lot to the north is being considered for development. Staff has encouraged the applicant to work with the adjoining property owner to determine if there is an opportunity to combine the grading efforts for both parcels of land. The applicant has indicated that there is no common goal between the two projects and that the subject property owner wishes to proceed independently with the proposed project. 3. Elevations: The proposed building is comprised of wood frame and stucco and it can best be described as a typical California eclectic style. The roof is hipped and it will be covered with Spanish style concrete tiles. A series of arched architectural elements will be used to emphasize the entry and the porte-cochere. Stone veneer will be applied to the front of the building. 4. Building Height. The height of the building will be 35 feet as measured from the finished grade to the highest ridge beam. The maximum allowable building height is 35 feet. 5. Landscaping: The preliminary landscape plan indicates that not existing mature tree will be removed from the site. The front yard will contain at least 52% of the area in plant or turf material. Seventeen new 24 -inch box trees will be planted. The proposed retaining walls will be screened with shrubs. The graded slopes will be planted and irrigated. The landscaping will be required to comply with the Los Angeles County Fire Department's fuel Modification Plan. The proposed landscaping appears to comply with the City's design guidelines and development regulations. Page 4 DR 2006-29 In E. F. 6. Off -Street Parking: The current code requires two parking spaces to be located in an enclosed garage. The second dwelling requires one addition parking space. The project as proposed indicates that two 2 -car garages will be constructed to meet the project's off-street parking needs. Retaining Walls: Because the subject property steeply descends, and because the average slope is over 40%, the project architect has elected to construct a series of terraced retaining walls in order to create the building pad. Three of the four retaining walls will reach a maximum height of seven feet. The Development Code establishes a maximum height for retaining walls of six (6) feet. However Section 22.20.040(a) provides the Director with the authority to increase the allowable height of retaining walls to seven (7) feet in cases where the site topography varies and requires such a modification. The subject property meets the criteria to warrant a modification of the height of the retaining walls to seven (7) feet. 8. Tree Preservation: The applicant has submitted plans that delineate that none of the existing mature trees will be impacted by the proposed project-, therefore a Tree Removal Permit is not required. The initial filing of the tree permit application was based on information provided during the preliminary plan review which was subsequently revised to reflect the actual field conditions. Compliance with Hillside Management Ordinance The property in question is subject to the City's Hillside Development Standards. Additional Review The Public Works Department, the Building and Safety Department reviewed this project. Their comments are included in both the report and the recommended conditions of approval. General Plan, Design Guidelines and Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The proposed project will not negatively affect the existing surrounding land uses. The design and appearance of the proposed dwelling unit is compatible with the existing neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Page 5 DR 2006-29 Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15303 and 15332 of the CEQA guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution conditionally approving Development Review No. DR 2006-29; Variance No. V 2007-07 and Minor Variance No. MV 2006-04. Prepared by: David D. Meyer LDM Associates, Inc. Planning Consultant Reviewed by Greg Gubman, AICP Planning Manager Attachments: 1. Aerial photograph 2. Draft Resolution of Approval with required findings 3. Exhibit "A" — site plan, floor plan, and elevations. Page 6 DR 2006-29 PLANNING COMMISSION RESOLUTION NO. 2007 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-29, VARIANCE NO. V 2007-07 AND MINOR VARIANCE NO. MV 2006-04 FOR THE REQUEST TO CONSTRUCT A NEW SPLIT LEVEL FOUR-STORY DWELLING UNIT WITH AN ATTACHED SECOND UNIT CONSISTING OF 8,165 SQUARE FEET AND THE REDUCTION OF THE REQUIRED FRONT YARD AND REAR YARD SETBACKS ON LOT 4 OF TRACT 24064, LOCATED AT 1755 DERRINGER LANE, APN 8713-003-004 A. RECITALS The Planning Commission considered applications filed by S&W Development on behalf of the property owners, Mr. and Mrs. Alex Prince, requesting approval of plans to construct a new split level four-story dwelling unit with an attached second unit consisting of 8,165 square feet with two attached 2 -car garages and a swimming pool and spa at 1755 Derringer Lane. The proposed project includes the reduction of the front yard and rear yard setbacks and the construction of 7 foot high retaining walls. 2. The subject property is zoned RR (R-1 40,000) and it contains 52,272 sq. ft. (1.2 acres) of land area. 3. The subject property is legally described as Lot 4, Tract 24064 and the Assessor Parcel Number is (APN) 8713-003-004. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site, and at three other locations within the project vicinity. 5. On January 8, 2008, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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. e:. The Planning Commission hereby determines that the proposed project is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance to Sections 15303 and 15332 of the CEQA Guidelines. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed single-family residence with an attached second unit is consistent with the RR's zone's Development Standards and the City's Design Guidelines. In addition, the proposed project, with conditions of approval, is consistent with the surrounding single-family dwelling units in terms of mass, scale and appearance. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a designed and developed residential neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed dwelling unit with an attached second dwelling as conditioned herein will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence is consistent with the terms and conditions of the long-range planning policy documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and appearance of the surrounding existing homes. d. 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. The project's design and use of construction material are consistent 2 Planning Commission Resolution No. 2008-, with other single-family residences in the neighborhood. e. 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. The proposed plans for the dwelling unit with an attached second unit together with the conditions of approval for the existing single-family residence will be consistent with the existing and anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. VARIANCE REVIEW a. There are special circumstances applicable to the property so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self- created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards: The subject property has an average slope in excess of 40% and the buildable portion of the site is substantially reduced because of the natural lot configuration. In an effort to create a dwelling consistent with the size and mass of the surrounding dwellings, the project architect has requested that the front yard setback be reduced from 30 feet to 24 feet. The project applicant/architect has also requested the reduction of the rear yard setback from 25 feet to 12 feet, and that the Planning Commission approve 7 foot high retaining walls. b. Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought. Many of the surrounding dwelling units were constructed in compliance with development standards that are no longer applicable in the City of Diamond Bar. The current more restrictive development standards significantly impact the design alternatives available to the project architect especially for sites having extreme slopes. In an effort to meet the setback requirements, the standard design solution would be to construct more terraced retaining walls and to import a significant amount of fill material in order to create a building pad with a level rear yard having a dimension of at least 25 feet. The construction of additional retaining walls is contrary to the City's design policy of preserving the natural topography and the construction cost may reach a point of being economically prohibitive. The appearance of the numerous retaining walls is contrary to the 3 Planning Commission Resolution No. 2008-, City's design objectives. C. Granting the variance is consistent with the General Plan and any applicable specific plan. The granting of the setback variance and the increase in the allowable height of retaining walls will aid in achieving the design goals and objectives of the community. The use of additional retaining walls will require additional site grading and the import of substantially more fill material. d. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The public welfare and safety would be enhanced by the reduction of grading of the site. Granting the requested front and rear yard setbacks will result in the preservation of a substantial portion of the site in a natural condition. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. (2) The minimum depth of the front yard setback shall be not less than 24 feet and the rear yard setback shall be not less than 12 feet as measured from the building to the edge of the building pad. (3) The proposed retaining walls shall be constructed of decorative masonry material or covered with a masonry veneer such as ledger type stone. The use of stucco over CMU block does not meet this design requirement. Design plans for the retaining walls shall be submitted to the Director for review and approval before the issuance of a grading or building permit. b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 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 the applicant, S&W Development, 20272 Carrey Rd., Walnut, CA 91789 and Mr. & Mrs. Alex Prince, 160 S. Hudson Ave., #411, 4 Planning Commission Resolution No. 2008-. Pasadena, CA 91175. APPROVED AND ADOPTED THIS 8TH DAY OF JANUARY 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, 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 8th day of January, 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 5 Planning Commission Resolution No. 2008-___ ..._..._.._........ . MOkfU0. T,,n \'9a9 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No: Development Review No. 2006-29 Variance No. V 2007-07; and Minor Variance No. MV 2006-04 SUBJECT: Construction of a four-story dwelling unit containing 8,165 square feet to include an attached second dwelling and the reduction of the front and rear yard setbacks; and the construction of 7 foot high retaining walls PROPERTY Mr. & Mrs. Alex Prince OWNER: 160 S. Hudson Ave., # 411 Pasadena, CA 91175 APPLICANT: S&W Development 20272 Carrey Road Walnut, CA 91789 LOCATION: 1755 Derringer Lane, Diamond Bar, CA 91765 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 No. 2006-29, Variance No. V 2007-07 and Minor Variance No. 2006-06 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 6 Planning Commission Resolution No. 2008-_ 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. 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. 2006-29, Variance No. 2007-07 and Minor Variance No. MV 2006-06 at the City of Diamond Bar Community Development 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 Resolution No. 2008-, Standard Conditions, and all environmental mitigations shall be included on the plans. 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 any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. 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. 8. Site, grading, landscape/irrigation and roof 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. 9. Property ownerlapplicant shall remove the public hearing notice board within three days of this project's approval. 10. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 Planning Commission Resolution No. 2008-_ B. FEES/DEPOSITS 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 comes 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. 2006-29, Variance No. V 2007-07 and Minor Variance 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 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 referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof mounted equipment shall be screened from public view 4. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 8 Planning Commission Resolution No. 2008-_ 2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the retaining wall height. 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, walls or fencing proposed in the front setback shall not exceed 42 inches maximum height. 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that any and all slope vegetation is in satisfactory condition. F. SOLID WASTE 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 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. 9 Planning Commission Resolution No. 2008- B. SOILS REPORT/GRADING/RETAINING WALLS 1. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 2. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. C. DRAINAGE 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. D. OFF-SITE STREET IMPROVEMENTS (None required) E. UTILITIES (Not required) F. SEWERS/SEPTIC TANK 1. The proposed plumbing fixtures shall be connected to the existing public sewer system. G. TRAFFIC MITIGATIONS (None required) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Applicant must pay School fees prior to issuance of permit 2. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 3 Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 4. Please provide justification for third floor exit requirements (1/2 the diagonal distance between the two exits). If first level is a basement please provide 10 Planning Commission Resolution No. 2008-_ code analysis and justification. 5. Separate permits are required for pool/Spa, and retaining walls (Note on Plans). 6. 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 as required by State Law. 7. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 8. The project must be protected by a construction fence and shall comply with the NPDES 7 BMP requirements (sand bags, etc.). 9. Check drainage patterns with Engineering Department. Surface water must drain away from building at a 2% minimum slope. 10. Specify location of tempered glass as required by code. 11. Specify '/4"/ft slope for all decks and balconies with approved water proofing material. Also, provide guardrail connection details/calc's (height, spacing, etc.). 12. Kitchen and bathroom lights shall be fluorescent. Also, provide adequate mechanical ventilation at water closet rooms. 13. 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„ 14. Install hard wired smoke detectors with battery back-up in all bedrooms and hallways leading into sleeping areas. 15). All bedrooms shall comply with all rescue window requirements. 16. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 17. All balconies shall be designed for 601b. live load. 18. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 19. 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 Hazard Severity Zone it shall meet of requirements of the 11 Planning Commission Resolution No. 2008 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. 20. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. End 12 Planning Commission Resolution No. 2008-_ 1 p rro40 p�tin$ 't`O nngq ON ��3�••.a3�n,iaa3a __---_ ----------- ti b YO CID O tD " too ��3�••.a3�n,iaa3a [C� H aU d F- w w V) [o '10 0 ID I1D a 0o 0000 0 o U U � � m ti b YO CID O [C� H aU d F- w w V) [o '10 0 ID I1D a 0o 0000 0 o U U � � m 7, z - X +2•b _ � lS L l- t ra ' �T{q. ,i'.i S Y.Mif ' `~rT 4Y ✓i f MT fj W h S� t 17 W-446m- w t + t VARIANCE (BURDEN OF PROOF PROPOSED PROJECT: PRINCE RESIDENCE PROJECT ADDRESS: 1755 Derringer Ln, Diamond Bar, CA 91765 (APN 8713-003-004) VARIANCE REQUESTED: 12FT Rear Yard Setback from Buildable Pad PER TABLE 2-4 (Sec.220.08.040), Rear yard setback required is: "25 feet from the property line or buildable pad on a descending slope whichever is applicable." 1.0 There are special circumstances applicable to the property (e.g.., locatioon, shape, size, surroundings, topography, or other conditions,) so that the strict application of the Development Code denies the property owner priviledges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards, The variance requested is for the rear yard setback. Asper Table 2-4 of the Development Code, the project is required to have a rear setback of 25ft measured from the building line to the edge of the pad. As submitted, the project has rear yard setback measurements of the following: -12ft, that if measured from the building line to the edge of the pad; -38ft, that if measured from the building line to the edge of the lowest retaining wall; -380ft, that if measured from the building line to the rear property line; The project site has a very steep natural slope (44%) making it imperative for the project to stay as close to the street as possible, -- to minimize driveway slope and the elevation level difference between the street and the house. Also in consideration of this design is the heavy brushes and vegetation at the rear portion of the property: To minimize any change in the natural slope and condition of the site, the project utilizes only the dept: of 121ft from the front of the property. This is at the maximum, equivalent to 260% o tthe total depth of the lot. The variance requested for the rear yard setback would actually have a more positive impact to the site and the neighborhood when the following important factors are considered: a. Retaining Walls As submitted, the proposed design utilizes 3 rows of retaining walls for the proposed house to meet the existing grade. If the flat rear yard is extended to 25ft, at least 1 additional row of retaining wall with a maximum height of 7ft would be required. b. Setback Measurement As submitted, the measurement between the rearmost building line to the edge of the last retaining wall in the rear is 38ft. If the 25ft is followed, that distance would measure a minimum of 60ft. c. Earthwork If the rear yard is set to 25ft, an minimum estimate of 3,000 c.y. of dirt will be required to be imported. d. Encroachment into natural vegetation As stated, the project was designed to minimize encroaching into the rear of the property where heavy brush and vegetation is located. From the current design, to meet the 25ft, rear encroachment will extend to an additional 20ft, affecting more natural vegetation. 2.0 Granting the Variance/ Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity an zoning district and denied to the property owner for which the Variance/Minor Variance is sought, The project will not interfere with the use of the enjoyment of existing neighborhood. The project site is the 2nd lot on a line of four vacant lots, all sharing the difficult slope and site condition. The minor variance sought is to reduce the rear yard setback if measured from the edge of the buildable pad. As outlined above, the factors considered above would actually further enhance the site conditions by reducing the area of development. The design solution provided is similar to other completed projects in the neighborhood. The rear setback as designed would actually be more consistent with what is presently enjoyed by the neighboring properties, within the same street and in the immediate vicinity. Residences in proximity to the property are all considered hillside in nature, most of these residences sharing the same difficult slope and site of this proposed project does not have the 25ft rear yard setback from the buildable pad. The lower basement where the spa is located was also designed to compensate for the 25ft flat rear yard requirement, otherwise enjoyed by other properties in the vicinity . 3.0 Granting the Variance/ Minor Variance is consistent with the General Plan and any applicable specific plan; and any Specific plan; and, The variance is consistent with the general plan and any applicable specific plan. It consistent to the development standards of the City of Diamond Bar. The design solution for the project observes grading and site solutions that are acceptable to city standards. And the specific request for this variace helps in the reducing of grading works- particularly in reducing earthwork and retaining walls. 4.0 The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, and The requested variance only affects the project property owner, for this determines the design solution and construction methodolgy of the proposed residential structure. The proposed entitlement would not be detrimental to the public interest, health, safety; convenience or welfare of the City. 5.0 The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); A completed Environmental Information form to determine whether a Negative Declaration, Mitigated Negative Declaration or Environmental Impact Report has been submitted previously when the project was submitted for Development Review. ----------------------------------nothing follows Prepared by: S&W DEVELOPMENT, Applicant November 13, 2007 a m z J d' W 0 Z d' Q.' 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No. FROM: (PLEASE PRINT) r } PHONE [ - -' TO: (PLEASE PRINT) 1 r PHONE ( t 1, -ditTY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On January 8, 2008, 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. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On January 4, 2008, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on January 4, 2008, at Diamond Bar, California. Ste iIa Marquez Community Develo t Department g a\affi day i tposting. doc