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HomeMy WebLinkAbout09/23/2008PLANNING FILE COPY COMMISSION AGENDA September 23, 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. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. DIAPIOi1`D BAR 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 are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(cr-ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, September 23, 2008 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2008-27 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Tony Torng, Kwang Ho Lee, Kathy 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: September 9, 2008. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None_ 7. PUBLIC HEARING(S): 7.1 Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11 - Under the authority of Chapters 22.48 and 22.56 of the City of Diamond Bar Development Code, the applicant has requested approval of plans to construct a 1,112 square foot 4 -car garage and to add an additional 823 square feet of living area to an existing single -story single-family residence. The existing dwelling unit is nonconforming with respect to compliance with the current minimum required setbacks. The subject property is zoned RR (40,000) and it contains 51,836 gross square feet of land area (1.19 acres). Project Address: 2366 Clear Creek Lane SEPTEMBER 23, 2008 PAGE 2 PLANNING COMMISSION AGENDA Property Owner: Dr. & Mrs. Lawrence Ogbechie 2366 Clear Creek Lane Diamond Bar, CA 91765 Applicant: Mr. Pete Volbeda, AIA 615 N. Benson Ave., Unit "C" Upland, CA 91786 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt pursuant to the provisions of Article 19 Sections 15301 (Existing Facilities) and 15332 (In -Fill Development) of the State CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10 - Under the authority of Chapters 22.48 and 22.56 of the City of Diamond Bar Development Code, the applicant has requested approval of plans to construct a 1,172 square foot two-story addition to an existing single- family residence. The existing dwelling unit is nonconforming with respect to compliance with the current minimum required setbacks. The subject property is zoned RR (40,000) and it contains 59,677 square feet of land area (1.37 acres). Project Address: 22727 Ridge Line Road Property Owner: Mr. & Mrs. Shah 22727 Ridge Line Road Diamond Bar, CA 91765 Applicant: Mr. Pete Volbeda, AIA 615 N. Benson Ave., Unit "C" Upland, CA 91786 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt pursuant to the provisions of Article 19 Sections 15301 (Existing Facilities) and 15332 (Infill development) of the State CEQA Guidelines. SEPTEMBER 23, 2008 PAGE 3 PLANNING COMMISSION AGENDA Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.3 Development Review No. 2008-08, Minor Variance No. 2008-01 and Tree Permit No. 2008-01 - Under the authority of Chapters 22.38, 22.48 and 22.52 of the City of Diamond Bar Development Code, the applicant has requested approval of plans to construct a new 10,414 square foot three-story single- family residence with an attached 3 -car 1,888 square foot garage. The proposed project will reduce the required front yard setback from 30 feet to 24 feet. The proposed project will require the removal of 29 trees of which three (3) trees are considered as "protected." The subject property is zoned RR (40,000) and it contains 53,040 square feet of land area (1.33 acres). Project Address: 23540 Mirage Lane Property Owner: Mr. & Mrs. Tengly Tan 3080 East 29th Street Los Angeles, CA 90806 Applicant: Mr. Simon Shum, AIA S&W Development, Inc. 20272 Carrey Road Walnut, CA 91789 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt pursuant to the provisions of Article 19 Sections 15303 (New Construction) and 15332 (Infill development) of the State CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2008-08, Minor Variance No. 2008-01 and Tree Permit No. 2008-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: SEPTEMBER 23, 2008 PAGE 4 PLANNING COMMISSION AGENDA 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: DIAMOND RIDE COMMUNITY MEETING: PARKS AND RECREATION COMMISSION MEETING: CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: 11. ADJOURNMENT: Thursday, September 25, 2008 1:00 p.m. — 3:00 p.m. Diamond Bar Center Ballroom 1600 S. Grand Ave. Thursday, September 25, 2008 Government Center/SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, October 7, 2008 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, October 9, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, October 14, 2008 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive M GRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 9, 2008 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:03 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. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah, Chairman Steve Nelson. Absent: Vice Chairman Tony Torng was excused. Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; David Alvarez, Assistant Planner; and Stella Marquez, Senior, Administrative Assistant_ 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of August 26, 2008. C/Lee moved, C/Shah seconded to approve Consent Calendar Item 4.1 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Shah, Nolan, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Torng 5. OLD BUSINESS: None. 6. NEW BUSINESS: 6.1 Street Vacation — A request to determine the vacation of approximately 214 linear feet at the end of Via Sorella Street is in conformance with the General Plan. SEPTEMBER 9, 2008 PAGE 2 7 PROJECT ADDRESS APPLICANT: Q ®RAFT PLANNING COMMISSION Via Sorella Street Diamond Bar, CA 91765 City of Diamond Bar CDD/Fong presented staffs report and recommended that the Planning Commission make the determination that the vacation of 214 linear feet at the end of Via Sorella Street is in conformance with the General Plan. C/Shah moved, C/Nolan seconded, to adopt a Resolution finding that the vacation of 214 linear feet at the end of Via Sorella Street was in conformance with the General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Torng PUBLIC HEARING: 7.1 Development Review No 2008-06 and Minor Conditional Use Permit No. 2008-04 — Under the authority of the Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant submitted a request to construct an addition of 2,141 square feet to an existing 1,476 square foot Single Family Residence on an existing 9,869 square foot, R1-8000 zoned parcel with a consistent underlying General Plan Land Use designation of Low -Medium Density Residential (RLM), in conjunction with Minor Conditional Use Permit No. 2008-04 for the continuation of a nonconforming side yard setback. PROJECT ADDRESS: 469 Rock River Road (Tract 28058, Lot 22; APN 8718-027-007) Diamond Bar, CA 91765 PROPERTY OWNER: Juan Conde 469 Rock River Road Diamond Bar, CA 91765 SEPTEMBER 9, 2008 PAGE 3 PLANNING COMMISSION APPLICANT: Nathan Jones Capital Construction 29031 Lakehurst Ct Romoland, CA 92585 AP/Alvarez presented staff's report and recommended Planning Commission approval of Development Review No. 2008-06 and Minor Conditional Use Permit No. 2008-04, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nolan asked why staff asked for removal of the wet bar and AP/Alvarez responded that it was not permitted under the City's Development Code. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Nathan Jones, project contractor and Juan Conde indicated they were present to answer questions regarding the project. Chair/Nelson closed the public hearing. C/Nolan moved, C/Lee seconded, to approve Development Review No. 2008-06 and Minor Conditional Use Permit No. 2008-04, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Nolan, Lee, Shah, Chair/Nelson None VC/Torng 8. PLANNING COMMISSIONER COMMENTSIINFORMATIONAL ITEMS: Chair/Nelson asked when Grand Avenue street improvements would be completed and CDD/Fong said she would check with PWD/Liu and email Chair/Nelson. Chair/Nelson asked if the Diamond Bar improvements were coordinated with Chino Hills and whether grant funds were used. CDD/Fong said she believed each City received grant funds to complete what is known as Phase III. SEPTEMBER 9, 2008 PAGE 4 11 RAPT 0 PLANNING COMMISSION C/Shah stated that to his knowledge the City of Industry wants Grand Avenue widened to four lanes in each direction and it is not likely to happen in Diamond Bar. Chair/Nelson felt it was City of Industry's objective to widen Grand Avenue due to the new stadium. CDD/Fong responded to Chair/Nelson that staff is in receipt of Industry's EIR and it is being reviewed by staff and the City's consultants. The EIR is on the City's website. Responses must be received prior to October 17, 2008. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Fong reported that VC/Torng is improving and says he plans to attend the next meeting. CDD/Fong stated that the City Council adopted an urgency ordinance to prohibit group homes effective on the date of adoption. What this means is that there will be no new group homes in the City until the City can determine what new regulations will be considered. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:27 p.m. The foregoing minutes are hereby approved this day of , 2008. Attest: Respectfully Submitted, Nancy Fong, Community Development Director Steve Nelson, Chairman PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL (909) 839 -7030 -FAX (909) 861-3117-www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: September 23, 2008 CASE/FILE NUMBER: Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11 PROJECT LOCATION: 2366 Clear Creek Lane Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of plans to construct a 1,112 square foot Four car garage and to add an additional 823 square feet of living area to an existing single -story, single- family residence. The existing dwelling unit is nonconforming with respect to compliance with the current minimum required front yard setback of 30 feet. The requested Minor Conditional Use Permit addresses the issue of expanding a nonconforming building. PROPERTY OWNERS: Dr. & Mrs. Lawrence Ogbechie 2366 Clear Creek Lane Diamond Bar, CA 91765 APPLICANTS: Mr. Pete Volbeda, AIA 615 North Benson Ave., Unit "C" Upland, CA 91786 STAFF RECOMMENDATION: Conditional Approval BACKGROUND: A. Proiect Description: The applicant requests approval of plans to add a new 1,112 square foot, four -car garage and to add an additional 823 square feet of living area to an existing single -story, single-family dwelling unit. The proposed project includes the conversion of the existing garage into habitable living area and the remodeling of the interior of the existing dwelling unit. The existing dwelling unit was constructed to within 20 feet of the front private street easement line. The current minimum front yard setback is 30 feet. Therefore, the existing dwelling unit is considered to be nonconforming. The expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit per Chapter 22.56 of the Diamond Bar Development Code (DBDC). All proposed additions with the exception of a 67 square foot addition to the front entry area will be set back beyond the minimum required yard areas. The front of the existing dwelling unit will be treated with architectural embellishments that are consistent with the City's design criteria and the character of the surrounding dwelling units. B. Site Description: The rectangular, 51,836 gross square -foot (1.19 -acre) project site fronts on Clear Creek Lane. The site contains a 32 foot wide private street easement. The site is fully developed with a single -story, single-family residential estate dwelling unit. The proposed front yard will be 58% landscaped in accordance with City requirements. The site is legally described as Lot 47, Tract No. 30577, Map Book 798, and Pages 51 through 64. The Assessor's Parcel Number is 8713- 040-021. ANALYSIS: A. Review Authority (DBDC Chapters 22.48 and 22.56) The addition to and the remodeling of a single-family residence requires approval of a Development Review Application (DBDC Chapter 22.48). Expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit (DBDC Chapter 22.56). DR 2007-40 & MCUP 2008-11 PAGE 2 B. Site and Surrounding General Plan, Zoning and Uses Table 1 C. Development Review (Chapter 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 (40,000) Zone: Table 2 Development Feature General Plan Zone Applicable Development Code Standards Uses Site Rural Residential R-1 (40,000) RR Residential North Rural Residential R-1 (40,000) RR Residential South Rural Residential R-1 (40,000) RR Residential East Rural Residential R-1 (40,000) RR Vacant West Rural Residential R-1 (40,000) RR Residential C. Development Review (Chapter 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 (40,000) Zone: Table 2 Development Feature RR — Development Proposed Meets Standard Requirements Minimum lot area 1 Acre 1.19 Acres (51,836 sq. ft.) Yes Residential density 1 single-family unit per lot 1 single-family unit Yes Front setback 30 feet 20 feet No(Minor CUP required) 15 feet on one side and 10 10' — South side Side setbacks feet on the other & not less 36'- West & Yes than 25 feet between at least 25' between structures on adjoining arcels adjacent structures 25 feet from property line or 25' min from edge of Rear setback 25 ft. from the edge of a descending slope Yes descendingsloe Lot coverage 30% 11.0% Yes Building height limit 35 feet maximum 19 feet Yes Landscaping 50% of Front Yard 58% Yes DR 2DD7-40 & MCUP 2008-11 PAGE 3 2. Site and Grading: The site slopes steeply downward in an easterly direction. The proposed building pad is located at the top of the slope and has a commanding view of the surrounding area. The adjoining property to the north is approximately 17 feet higher than the subject property. The applicant intends to remove at least 500 cubic feet of material to create the building pad for the new garage and the associated turnaround access area. The applicant intends to place the removed material on-site east of the existing swimming pool. The applicant intends to import 400 cubic yards of fill material in order to complete the reconfiguration of the descending slope east of the swimming pool. The total amount of fill material has been reported as 900 cubic yards. The applicant will be required to comply with the City's grading regulations. A permit will be required and erosion control measures will be examined and enforced by the office of the City Engineer. 3. Building Elevations: The existing single -story dwelling unit and the proposed additions comply with the City's regulations regarding the allowable building envelope. The height of the building will not exceed 20 feet as measured from the finished grade to the highest ridge beam. The architectural style of the existing dwelling can most apply be described as "California Eclectic" with flat concrete tile roof, smooth stucco walls, window and door surrounds, and multi -pane windows. Shutters have been added to the front windows. A ledgstone veneer wainscot has been added to the existing building in an effort to add some architectural interest to the front fagade. The applicant has indicated that earth -toned shades will be used for the exterior finish. 4. Landscaping: One of the main purposes of landscaping is to protect the public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment (DBDC Section 22.24.010). The site is fully landscaped. The proposed project will result in minor modifications to the existing landscape palette. The applicant has not provided a preliminary landscape plan. However a landscape plan will be required as part of this review process. The subject property is located in a Very High Fire Hazard Severity Zone and the landscape material is subject to compliance with the L.A. County Fire Department's Fuel Modification Plan's Guidelines. The applicant indicates that six (6) of the existing 21 mature trees located on site will be removed to accommodate the proposed project. The removed trees include: one (1) Brazilian Pepper, one (1) Black Pine, one (1) Italian Stone Pine, and three (3) Black Walnut trees. The Pepper and Black Walnut trees are protected by City regulations. The proposed project includes the DR 2007-40 & MCUP 2008-11 PAGE 4 removal of four (4) protected trees. Chapter 22.38 of the Diamond Bar Development Code establishes the policies and procedures regarding the removal of protected trees. Section 22.38.060(9) of the DBDC exempts any protected tree planted subsequent to the subdivision of property. This Section of the Code appears to exempt the Pepper tree; however it is assumed that the Black Walnut trees existed before the subdivision of the property and thus should be replaced as provided for in Chapter 22.38. Therefore, prior to the issuance of grading or building permits, the applicant will be required to obtain a Tree Removal Permit and the final landscape plan must provide for the replacement of the three (3) Walnut trees at a ratio of 3:1. The minimum size of the replacement trees shall be 24 -inch box. The exempted Pepper should be replaced at a ratio of 2:1. The minimum size of the replacement trees shall be 15 -gallon. The required landscape plan shall comply with the Los Angeles County Fire Department's Fuel Modification standards. These requirements are incorporated into the attached resolution's conditions of approval. D. Additional Review 'The Public Works Division, Building and Safety Division, and the Fire Department reviewed this project. Their comments are included in both the report and the recommended conditions of approval. E. HOA Review The proposed development plans should be submitted to the Diamond Bar Country Estates Homeowners Association (HOA). Because the City does not enforce the requirements of the HOA its approval is not required as part of the Planning Commission's review. F. General Plan, Design Guidelines and Compatibility with Neighborhood The proposed project complies with the adopted goals and objectives as set forth in the General Plan. The proposed project will not negatively affect the existing surrounding land uses and the design 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 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. DR 2007-40 & MCUP 2008-11 PAGE 5 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 (minor addition to existing facilities) and 15332 (In -fill development) of the CEQA Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution approving Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11 based on the findings set forth under Sections 22.48.040 and 22.56.040 of the Development Code, subject to conditions. Prepared by: David D. Meyer LDM Associates, Inc. Planning Consultant Attachments: Reviewed by Greg Gubman, AICP Planning Manager 1. Aerial Photograph 2. Draft Resolution of Approval with required findings; 3. Exhibit "A" — grading plan, site plan, floor plan and elevations. DR 2007-40 & MCUP 2008-11 PAGE 6 PLANNING COMMISSION RESOLUTION NO. 2008-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-40 AND MINOR CONDITIONAL USE PERMIT NO. 2008-11 FOR THE REQUEST TO REMODEL AND EXPAND AN EXISTING NONCONFORMING SINGLE -STORY, SINGLE- FAMILY RESIDENCE ON LOT NO. 47 OF TRACT 30577, LOCATED AT 2366 CLEAR CREEK LANE, (APN: 8713-040-021) A. RECITALS The Planning Commission considered an application filed by Mr. Pete Volbeda, AIA, on behalf of the property owners, Dr. & Mrs. Lawrence Ogbechie, requesting approval of plans to construct a 1,112 square foot four -car garage and to add an additional 823 square feet of living area to an existing single - story, single-family dwelling unit at 2366 Clear Creek Lane. The subject property is nonconforming in that the existing front yard setback is less than 30 feet. The applicant is requesting approval of a Minor Conditional Use Permit to expand the size of the nonconforming structure. 2. The subject property is zoned RR (40,000) and it contains 51,836 gross square - feet (1.19 acres) of land area. The property in question is subject to the Rural Residential (RR) Development Standards. 3. The subject property is legally described as Lot 47, Tract 30577 and the Assessor's Parcel Number is (APN) 8713-040-021. 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 September 23, 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. 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 with Sections 15301 (minor addition to existing facilities), 15332 (In -fill development) 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 additions to the existing single -story, single-family residence are 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, with the surrounding single-family dwellings. 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 estate neighborhood. Public and private improvements are available to support the proposed project and the surrounding neighborhood. The proposed additions to the existing single-family residence 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 proposed additions to the existing single -story, single-family residence are consistent with the goals and objectives of the adopted General Plan. The proposed project is compatible with the mass, scale and appearance of the surrounding dwelling units. The proposed project includes the addition of a 4 -car garage and minor additions to the existing habitable area and the remodeling of the existing garage for habitable purposes. The facade modifications will complement the neighborhood residential character. 2 Planning Commission Resolution No. 2008-_ 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 surrounding 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 additions to the existing single -story, single-family residence are consistent with the anticipated development pattern for the neighborhood and will not negatively impact the public health, safety or general welfare. MINOR CONDITIONAL USE PERMIT a. The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provision of this development code and the Municipal Code; The existing single-family dwelling is a permitted use in the RR 40,000 zone. The substandard front yard setback renders the project nonconforming. The expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit. The proposed addition of a 1,112 square foot garage and the addition of 823 square feet of new habitable area complies with the development standards of the RR 40, 000 zone. b. The proposed use is consistent with the general plan and any applicable specific plan; The proposed expansion of a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. C. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The existing single-family dwelling unit and the proposed addition of a 4 - car garage and 823 square feet of new living area is consistent with the development standards for the site and the surrounding neighborhood. d. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 3 Planning Commission Resolution No. 2008-_ The subject 1. 19 gross acre site is physically suitable for the existing single-family residential estate type dwelling and the proposed expansion. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition of floor area is consistent with the development standards for the RR 40, 000 zone. e. Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and The granting of the minor conditional use permit will allow the expansion of the existing single-family dwelling unit to a size similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety convenience or welfare. f. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). 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) Prior to the issuance of any building or grading permits, the required landscape plan and tree removal permit application shall be submitted to and approved by the Planning Division. The applicant shall obtain a City issued Tree Removal Permit and shall prepare a final landscape plan that provides for the replacement of the removed protected tree and shall comply with the provisions of the Los Angeles County Fire Department's Fuel Modification standards. (3) The required landscape plan shall include the in-kind replacement of the three Black Walnut trees. Nine (9) new 24 -inch box Black Walnut trees shall be planted on site. In addition, six (6) 15 -gallon replacement trees compatible with the Fuel Modification Plan shall be planted on-site. The landscape plan shall delineate the location of all trees that will be removed and the location of all new plant material to include the location of the replacement trees. 4 Planning Commission Resolution No. 2008-_ 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, Mr. Pete Volbeda, AIA, 615 North Benson Avenue, Unit "C", Upland, CA 91786 and the property owner Dr. & Mrs. Lawrence Ogbechie, 2366 Clear Creek Lane, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23rd DAY OF SEPTEMBER 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 23rd day of September 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 5 Planning Commission Resolution No. 2008 �'-- COMMUNITY DEVELOPMENT DEPARTMENT r989 STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No: Development Review No. 2007-40 & Minor Conditional Use Permit No. 2008-11 SUBJECT: Addition of a 4 -car garage and 823 sq. ft. of living area and expansion an existing nonconforming single-family residence PROPERTY Dr. & Mrs. Lawrence Ogbechie OWNER: 2366 Clear Creek Lane Diamond Bar, CA 91765 APPLICANT: Mr. Pete Volbeda, AIA 615 North Benson Avenue, Unit "C" Upland, CA 91786 LOCATION: 2366 Clear Creek 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. 2007-40 and Minor Conditional Use Permit No. 2008-11 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. 6 Planning Commission Resolution No. 2008-_ (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. 2007-40 and Minor Conditional Use Permit No. 2008-11 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 applicant pays 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 License, 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 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 Division, and the Fire Department. 7 Planning Commission Resolution No. 2008-_ B. FEESIDEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Division 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. 2007-40 and Minor Conditional Use Permit No. 2008-11 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-_ F. 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. 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. 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. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. This project falls under the Redevelopment Category. 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 9 Planning Commission Resolution No. 2008-_ 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 1. 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 defense 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. 8. 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 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 10 Planning Commission Resolution No. 20D8-_ control shall be completed to the satisfaction of the City Engineer. 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. As Graded geotechnical report shall be submitted for review and approval by Public Works Engineering Department prior to release of Building Permits. 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. 11 Planning Commission Resolution No. 2008-_ D OFF-SITE STREET IMPROVEMENTS (Not required) E. UTILITIES Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. Any homeowner that installs a new septic tank system, repairs an existing septic tank or adds any plumbing fixture units or bedroom equivalents to the facility served by an existing septic system will need to submit a Notice of Intent (NOI) to the Regional Water Quality Control Board for Waste Discharge Requirements and submit a copy of the sent NO[ and check to the City. This is required prior to release of any grading permits. Please refer to City handouts. 3. Separate permit from the Building & Safety Division is required prior to the installation of the septic tank. G. TRAFFIC MITIGATIONS (Not required) 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the 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 Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair alteration, or demolition work shall be conducted Mon.- Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. 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 12 Planning Commission Resolution No. 2008- stamp and signature. 6. 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. 7. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact SCAQMD at (909) 367-2327. 8. Specify 5/8" type X between the garage and the house. Specify 1-3/8 solid core self-closing door between the house and garage. 9. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 10. 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 Walnut, CA 91789 (909) 595-1261 11. Indicate the proposed 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) 12. Please submit a total of five (5) full scale plans to the Building & Safety Division after the Planning Commission has reviewed and approved the proposed project. 13, Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 14. To eliminate safety hazards on existing pools and spas, Health & Safety Code 115928(d) requires installation of anti -entrapment cover whenever a building permit is issued for all remodeling or modification at a single-family home. 13 Planning Commission Resolution No. 2008- 15. Indicate all easements on the site plan. 16. 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. 17. All balconies shall be designed for 60 Ib. live load. 18. Guardrails shall be designed for 20 Ib. load applied laterally at the top of the rail. 19. Include grading plans with construction plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. Engineering Department will require separate submittal. 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 114"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:' 1. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 -foot at all times during construction in accordance with Fire Department requirements. 3. 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. 14 Planning Commission Resolution No. 2008-_ 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 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LLJ o l >I r- z "- WI 3 - r7 I I i I I I - I I 1 I - at W = � o I \ \---- -----3 1 Id I I I I l Id ------- - - - - -- i � i I i I I I I I I ' I I - I 0I wI >I zl wl __ _ =I r F-1 _= }ly I 1 _S - I I I I l Ned PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839 -7030 -FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.2 MEETING DATE: September 23, 2008 CASE/FILE NUMBER: Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10 PROJECT LOCATION: 22727 Ridge Line Road Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of plans to construct a 1,172 square foot two- story addition to the living area of an existing single- family residence. The existing dwelling unit is nonconforming with respect to compliance with the current minimum required front yard setback of 30 feet and a 10 foot wide side yard setback_ The requested Minor Conditional Use Permit addresses the issue of expanding a nonconforming building. PROPERTY OWNERS: Mr. & Mrs. Shah 22727 Ridge Line Road Diamond Bar, CA 91765 APPLICANTS: Mr. Pete Volbeda, AIA 615 North Benson Ave., Unit "C" Upland, CA 91786 STAFF RECOMMENDATION: Conditional Approval BACKGROUND: A. Project Description: The applicant requests approval of plans to construct additions to the living area of an existing two-story single-family residential dwelling unit. The total amount of new living area is 1,172 square feet. The additional floor area includes a bathroom for the master bedroom, a new living room, a new library a prayer room and an additional bathroom for the existing three bedroom dwelling unit. The end result of the construction will be a 3,581 square foot, two-story, three bedroom, and 3.5 bathroom dwelling unit. The proposed project includes interior remodeling and the installation of a new circular driveway. The existing dwelling unit was constructed to within 20 feet of the front private street easement line. The current minimum front yard setback is 30 feet. The westerly side yard setback is 12 feet, however there is a raised wooded deck constructed to within five feet of the property line. The current Development Code does not provide for intrusions into the required side yards of more than 30 inches. Therefore, the existing dwelling unit is considered to be nonconforming. The expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit per Chapter 22.56 of the Diamond Bar Development Code (DBDC). The proposed master bathroom and the library will be located approximately 20 feet from the private street easement consistent with the existing setback dimension. The existing dwelling was constructed with wood siding. The applicant is proposing to stucco the entire structure. The proposed library, living room and master bathroom will change the appearance of the front of the dwelling by adding mass, height and building relief. The proposed architectural treatment is a moderate attempt at compliance with the City's design criteria and the character of the surrounding dwelling units. B. Site Description: The rectangular, 59,677 gross square -foot (1.37acre) project site fronts on Ridge Line Road. The site contains a 32 foot wide private street easement. The site is fully developed with a two-story, single-family residential estate dwelling unit. The site is fully landscaped. The project, as proposed, will have 51 % of the front yard covered with plant material. The site is legally described as Lot 25, Tract No. 30091, Map Book 789, and Pages 51 through 75. The Assessor's Parcel Number is 8713-005-001. ANALYSIS: A. Review Authority (DBDC Chapters 22.48 and 22.56) The addition to and the remodeling of a single-family residence requires approval of DR 2008-04 & MCUP 2008-10 PAGE 2 B. C a Development Review nonconforming structure (DBDC Chapter 22.56). Application (DBDC Chapter 22.48). Expansion of a requires approval of a Minor Conditional Use Permit Site and Surrounding General Plan, Zoning and Uses Table 1 Development Review (Chapter 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 (40,000) Zone: Table 2 Development Feature General Plan Zone Applicable Development Code Standards Uses Site Rural Residential R-1 (40,000) RR Residential North Rural Residential R-1 (40,000) RR Residential South Rural Residential R-1 (40,000) RR Residential East Rural Residential R-1 (40,000) RR Residential West Medium Density Residential RM RM Multi -Family Residential Development Review (Chapter 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 (40,000) Zone: Table 2 Development Feature RR — Development Proposed Meets Standard Requirements Minimum lot area 1 Acre 1.37 Acres Yes (59,677 sq. ft.) Residential density 1 single-family unit per lot 1 single-family unit Yes Front setback 30 feet 20 feet No (Minor CUP required) 15 feet on one side and 10 10' — west side Side setbacks feet on the other & not less 15- east & Yes than 25 feet between at least 25' between structures on adjoining parcels adjacent structures 25 feet from property line or Rear setback 25 ft. from the edge of a 25' min from edge of descending slo e descending slope Yes Lot coverage 30% 9.9% Yes DR 2008-04 & MCUP 2008-10 PAGE 3 Building height limit 35 feet maximum 35 feet Yes Landscaping 50% of Front Yard 51% Yes 2. Site and Grading: The site slopes steeply downward in a northerly direction. The existing dwelling was constructed on a raised foundation that mirrors the contour of the descending slope. The applicant indicates that less than 50 cubic yards of material will be disturbed in order to construct the raised foundation for the proposed additions. Therefore it is the applicant's position that a grading plan is not required. The Building & Safety Division and the Public Works Division will carefully examine the construction plans for compliance with the City's grading regulations. 3. Building Elevations: The existing multi -story dwelling unit and the proposed additions comply with the City's regulations regarding the allowable building envelope. The height of the building will not exceed 35 feet as measured from the finished grade to the highest ridge beam. The architectural style of the proposed dwelling can most apply be described as "California Eclectic". The applicant intends to replace the existing wood siding with stucco. A combination of roof styles will be used such as gables and hipped areas. The applicant indicates that the roof covering will be changed to a light weight concrete Spanish "S" type tile. The light weight concrete roof tile is manufactured by US Lifetile and color will be a blend called San Carlos. Multi -paneled windows have been shown on the front building elevation. The applicant has indicated that earth -toned shades will be used for the exterior finish. 4. Landscaping: One of the main purposes of landscaping is to protect the public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment (DBDC Section 22.24.010). The site is fully landscaped. The applicant indicates that eight (8) existing mature trees will be removed in order to accommodate the proposed construction. The applicant indicates that one Black Walnut tree will be removed and a Pepper tree will be removed. These two trees are protected by City regulations. The preliminary landscape plan does not indicate the number and size of the replacement trees. Staff is suggesting that Three (3) 24 -inch box Black Walnut trees be planted on-site. In addition two (2) 24 -inch Pepper trees should be planted on site. Eight to ten 15 -gallon trees should be installed on site to replace the mature trees that will be removed. A final landscape plan DR 2008-04 & MCUP 2008-10 PAGE 4 will be required prior to the issuance of building permits. The subject property is located in a Very High Fire Hazard Severity Zone and the landscape material is subject to compliance with the L.A. County Fire Department's Fuel Modification Plan Guidelines. Chapter 22.38 of the Diamond Bar Development Code establishes the policies and procedures regarding the removal of protected trees. Section 22.38.060(9) of the DBDC exempts any protected tree planted subsequent to the subdivision of property. This Section of the Code may exempt the two indentified protected trees. The applicant should retain the services of a certified arborist to inventory the existing trees and to properly identify the trees that will be removed. Therefore, the applicant will be directed to obtain a Tree Removal Permit and the final landscape plan must provide for the replacement of the removed trees in a manner acceptable to the Director. D. Additional Review The Public Works Division, Building and Safety Division, and the Fire Department reviewed this project. Their comments are included in both the report and the recommended conditions of approval. E. HOA Review The proposed development plans should be submitted to the Diamond Bar Country Estates Homeowners Association (HOA). Because the City does not enforce the requirements of the HOA its approval is not required as part of the Planning Commission's review. F. General Plan, Design Guidelines and Compatibility with Neighborhood The proposed project complies with the adopted goals and objectives as set forth in the General Plan. The proposed project will not negatively affect the existing surrounding land uses and the design 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 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. DR 2008-04 & MCUP 20D8-10 PAGE 5 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 (minor addition to existing facilities) and 15332 (In -fill development) of the CEQA Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution approving Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10 based on the findings set forth under Sections 22.48.040 and 22.56.040 of the Development Code, subject to conditions. Prepared by: David D. Meyer LDM Associates, Inc. Planning Consultant Attachments: Reviewed by Greg Gubman, AICP Planning Manager 1. Aerial Photograph 2. Draft Resolution of Approval with required findings; 3. Exhibit "A" — grading plan, site plan, floor plan, preliminary landscape plan and building elevations. DR 2008-04 & MCUP 2008-10 PAGE 6 PLANNING COMMISSION RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2008-04 AND MINOR CONDITIONAL USE PERMIT NO. 2008-10 FOR THE REQUEST TO REMODEL AND EXPAND AN EXISTING NONCONFORMING SINGLE-FAMILY RESIDENCE ON LOT NO. 25 OF TRACT 30091, LOCATED AT 22727 RIDGE LINE ROAD, (APN: 8713-005-001) A. RECITALS The Planning Commission considered an application filed by Mr. Pete Volbeda, AIA, on behalf of the property owners, Mr. & Mrs. Shah, requesting approval of plans to construct a 1,172 square foot two-story addition to the living areas of an existing single-family residence at 22727 Ridge Line Road. The subject property is nonconforming in that the existing front yard setback is less than 30 feet and the westerly side yard setback has intrusions that do not comply with current Code requirements. The applicant is requesting approval of a Minor Conditional Use Permit to expand the size of the nonconforming structure. 2. The subject property is zoned RR (40,000) and it contains 59,677 gross square - feet (1.37 acres) of land area. The property in question is subject to the Rural Residential (RR) Development Standards. 3. The subject property is legally described as Lot 25, Tract 30091 and the Assessor's Parcel Number is (APN) 8713-005-001. 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 September 23, 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. 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 with Sections 15301 (minor addition to existing facilities), 15332 (In -fill development) 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 additions to the existing single-family residence are 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, with the surrounding single-family dwellings. 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 estate neighborhood. Public and private improvements are available to support the proposed project and the surrounding neighborhood. The proposed additions to the existing single-family residence 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 proposed additions to the existing single-family residence are consistent with the goals and objectives of the adopted General Plan. The proposed project is compatible with the mass, scale and appearance of the surrounding dwelling units_ The proposed project includes the addition of master bathroom, a library, a prayer room, a bathroom, a living room and minor additions to the existing habitable area. The fagade modifications will be consistent with the surrounding residential character. 2 Planning Commission Resolution No. 2008-_ Cl. 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 surrounding 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 additions to the existing single-family residence are consistent with the anticipated development pattern for the neighborhood and will not negatively impact the public health, safety or general welfare. MINOR CONDITIONAL USE PERMIT a. The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provision of this development code and the Municipal Code; The existing single-family dwelling is a permitted use in the RR 40,000 zone. The substandard front yard and side yard setbacks renders the project nonconforming. The expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit. The proposed addition of 1,172 square foot of living area complies with the development standards of the RR 40, 000 zone. b. The proposed use is consistent with the general plan and any applicable specific plan; The proposed expansion of a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. C. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The existing single-family dwelling unit and the proposed addition of new living area is consistent with the development standards for the site and the surrounding neighborhood. d. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The subject 1.37 gross acre site is physically suitable for the existing single-family residential estate type dwelling and the proposed expansion. The existing and proposed use of land is consistent with the 3 Planning Commission Resolution No. 2008- surrounding land uses. The proposed addition of floor area is consistent with the development standards for the RR 40, 000 zone. e. Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and The granting of the minor conditional use permit will allow the expansion of the existing single-family dwelling unit to a size similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety convenience or welfare. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). 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 applicant shall obtain a City issued Tree Removal Permit and shall prepare a final landscape plan that provides for the replacement of the removed protected trees and shall comply with the provisions of the Los Angeles County Fire Department's Fuel Modification Plan. (3) Prior to the issuance of any building or grading permits, the required landscape plan and tree removal permit application shall be submitted to and approved by the Planning Division. The required landscape plan shall include the in-kind replacement of the Black Walnut tree. Three (3) new 24 -inch box Black Walnut trees shall be planted on site. In addition, Two (2) 24 -inch box Pepper trees shall be planted on-site. The replacement trees for the remaining six removed trees shall be 15 -gallon in size and the new trees shall be compatible with the Fuel Modification Plan. The landscape plan shall delineate the location of all trees that will be removed and the location of all new plant material to include the location of the replacement trees. 4 Planning Commission Resolution No. 20D8-_ 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, Mr. Pete Volbeda, AIA, 615 North Benson Avenue, Unit "C", Upland, CA 91786 and the property owner Mr. & Mrs. Shah 22727 Ridge Line Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23rd DAY OF SEPTEMBER 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. IN 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 23`d day of September 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 5 Planning Commission Resolution No. 2008- I I 10 I I COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No: Development Review No. 2008-04 & Minor Conditional Use Permit No. 2008-10 SUBJECT: Addition of 1,172 sg ft of living area that will expand an existing nonconforming single-family residence PROPERTY Mr. & Mrs. Shah OWNER: 22727 Ridge Line Road Diamond Bar, CA 91765 APPLICANT: Mr. Pete Volbeda, AIA 615 North Benson Avenue, Unit "C" Upland, CA 91786 LOCATION: 22727 Ridge Line Road, 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. 2008-04 and Minor Conditional Use Permit No. 2008-10 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. 6 Planning Commission Resolution No. 2008-_ (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. 2008-04 and Minor Conditional Use Permit No. 2008-10 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 applicant pays 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 License, 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 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 ownerlapplicant 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 Division, 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 Division 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. 2008-04 and Minor .Conditional Use Permit No. 2008-10 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. 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. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. This project falls under the Redevelopment Category. 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 9 Planning Commission Resolution No. 2008- A 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. SOILS REPORT/GRADING/RETAINING WALLS Finished slopes shall conform to City Code Section 22.22.080 -Grading. 2. All easements and flood hazard areas shall be clearly identified on the grading plan. 3. 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. 4. 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. 5. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 6. 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 required by the City Engineer. 7. 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. A permanent irrigation system shall be installed. 8. 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. 9. 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. As 10 Planning Commission Resolution No. 2008-_ Graded geotechnical report shall be submitted for review and approval by Public Works Engineering Department prior to release of Building Permits. 10. 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 OFF-SITE STREET IMPROVEMENTS (Not Required) E. UTILITIES (Not Required) F. SEWERS/SEPTIC TANK The subject development shall be connected to the public sewer system. 2. Obtain sewer connection permits from the Building and Safety Division. G. TRAFFIC MITIGATIONS (Not Required) 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the 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 Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair alteration, or demolition work shall be conducted Mon.- Sat. between the hours of 7:00 a.m. and 7:00 p.m. 11 Planning Commission Resolution No. 2008- 5. 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. 6. 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-onlauto off, occupant sensor. 7. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact SCAQMD at (909) 367-2327. 8. Specify 5/8" type X between the garage and the house. Specify 1-3/8 solid core self-closing door between the house and garage. 9. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 10. 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 Walnut, CA 91789 (909) 595-1261 11. Indicate the proposed 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) 12. Please submit a total of five (5) full scale plans to the Building & Safety Division after the Planning Commission has reviewed and approved the proposed project. 13. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 12 Planning Commission Resolution No 2008-_ 14. To eliminate safety hazards on existing pools and spas, Health & Safety Code 115928(d) requires installation of anti -entrapment cover whenever a building permit is issued for all remodeling or modification at a single-family home. 15. Indicate all easements on the site plan. 16. 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. 17. All balconies shall be designed for 60 Ib. live load. 18. Guardrails shall be designed for 20 Ib. load applied laterally at the top of the rail. 19. Include grading plans with construction plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. Engineering Department will require separate submittal. 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:' 1. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall_ b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 -foot at all times during construction in accordance with Fire Department requirements. 13 Planning Commission Resolution No. 2008-_ 3. 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. 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 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The request includes the reduction of the front yard setback from 30 feet to 24 feet. The applicant intends to remove 30 trees of which four (4) trees are considered as protected. PROPERTY OWNERS APPLICANTS: Mr. & Mrs. Tengly Tan 3080 East 29th Street Los Angeles, CA 90806 Mr. Simon Shum, AIA S & W Development 20272 Carrey Road Walnut, CA 91789 STAFF RECOMMENDATION: Conditional Approval BACKGROUND: A. Proiect Description: The applicant requests approval of a Development Review Application to construct a new 10,414 square foot, three-story single-family residence with an attached 3 -car, 1,888 square foot garage. In addition, the applicant requests approval of a Minor Variance to allow a 20% reduction of the required front yard setback from 30 feet to 24 feet. The subject property contains numerous trees. The arborist report prepared for the subject property indicates that thirty (30) trees will be removed to accommodate the proposed project. The report indicates that four (4) of the trees to be removed are considered as "Protected". B. Site Description: The rectilinear site is located at the northwest corner of Indian Creek Road and Mirage Lane. The site fronts on Mirage Lane. It is legally described as Lot 28, Tract 23483 and the Tax Assessor Parcel Number is APN 8713-034-002. The lot contains 57,935 gross square feet of land area (1.33 acres) and it has 156 feet of street frontage on Mirage Lane and 311 feet of frontage on Indian Creek Road. The site has an average slope of approximately 25%. The site slopes in a descending manner from south to northwest. 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. The proposed 20% reduction of the front yard setback, from 30 feet to 24, feet requires approval of a Minor Variance. B. Site and Surrounding General Plan Designation, Zoning and Uses General Plan Zone Applicable Uses Designation Development Standards Site Rural Residential R-1 40,000 RR Vacant (RR) Max 1 DU/ac: North Rural Residential R-1 40,000 RR Residential (RR) Max 1 DU/ac: South Rural Residential R-1 40,000 RR Residential (RR) Max 1 DU/ac: East Rural Residential R-1 40,000 RR Residential (RR) Max 1 DU/ac: West Rural Residential R-1 40,000 RR Residential (RR) Max 1 DU/ac: C. Development Review (Chapter 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 (40,000) Zone: Development R-1(40,000) RR — Meets Feature Development Proposed Requirements Standard No Front setback 30 feet 24 feet "(Approval of Minor Variance Required) 15 ft on one side and 10 ft 10' - North side Side setbacks on the other 24'- South side Yes 25 ft between structures on 25 ft between structures adjoining parcels on adjoining parcels 25 ft from property line or Rear setback buildable pad on a 25 ft. from edge of Yes descending slope whichever buildable pad is applicable Lot coverage 30% 8% Yes Retaining Wall 4 -ft to create a building pad Yes 6 -ft. permitted 7 feet max. Height 7 -ft allowable by Director Building height 35 feet maximum 35 feet Yes limit Landscaping 50% of Front Yard 62% Yes Number of One permitted If site has 70 ft. of frontage 1 driveway each street Yes driveways two are permitted frontage Width of Drive 14 ft. maximum permitted 14 ft. Yes Approach Parking 2 spaces fully enclosed 3 spaces fully enclosed Yes 2. Site and Grading: The building pad is to be created at the easterly portion of the site using a series of four tiered retaining walls. The heights of the retaining walls vary from four feet to seven feet. This design solution is an approach that has been used by many designers and developers to create a level building pad on steep sloping parcels of land. The applicant indicates that the project will require a cut of 1,100 cubic yards and fill of 4,000 cubic yards. The applicant proposes to import approximately 3,000 cubic yards of fill to create the building pad. The applicant is proposing to use a series of three (3) seven foot high and one (1) four foot high retaining walls to provide for the 25 -foot difference in elevation. If the applicant used six-foot high retaining walls and the allowable four foot high wall to accommodate the 25 -foot difference in elevation it would require the installation of a series of five (5) walls. The requested reduction of the number of walls and the increased height of six to seven feet will reduce the construction cost substantially and visually it will reduce the impact created by the walls. The tiered retaining walls must be separated by at least three feet. The required horizontal separation between creates a design problem because of the limited space that the designer wants to use for the tennis court and the proposed dwelling unit. The design solution offered by the project architect will reduce cost and will lessen the visual impacts associated with the retaining walls. 3. Building Elevations: The architectural style is a Mediterranean design with hipped roofs covered with barrel "S" type tiles. The color of the tile roof material is intended to be a MCA roofing the Santa Maria Blend which primarily orange with brown accents. The entry rotunda area roof is to be constructed of copper colored standing seam metal. The exterior walls will be covered with smooth stucco. Manufactured stone veneer will be added at architecturally prominent locations. Concrete appearing window and door surrounds are also proposed. The exterior color and material palette consists of earth tones in order to soften the building's visual impact in relation to its hillside setting. The proposed dwelling unit is consistent with the size and scale of other new dwelling units located in the surrounding neighborhood. The appearance of the structure is consistent with other projects previously approved by the Planning Commission. Staff is of the opinion that the project as proposed is consistent with the City's adopted Design Guidelines. 4. Landscaping: A tree survey of the site was prepared by California Arbor Care. The survey noted that there are 30 Black Walnut trees located on the site. However, only four of the trees have a diameter of at least 8 inches when measured at breast height. The remaining 26 Black Walnut trees have a truck diameter of 6 inches or less when measured at breast height. Therefore the smaller trees are not considered as "Protected" in accordance with Chapter 22.38 of the Diamond Bar Development Code. The applicant will be required to replace the four protected trees at a ratio of 3:1. Twelve new Black Walnut trees will be included in the project landscape plan. Six of the replacement Black Walnut trees must be at least 24 -inch box. The remaining six Black Walnut trees can be 15 -gallon. The final landscape plan will be reviewed for compliance with the replacement tree regulations. One of the main purposes of landscaping is to protect the public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment (Section 22.24.010 DBDC). The preliminary landscape plan delineates the species of the proposed plant materials to be used throughout the site. The plan provides for a variety of grasses and ground cover, flowering plants, and shrubs and trees. The subject property is located in a very High Fire Hazard Severity Zone, and the landscape plan is subject to the L.A. County Fire Department's Fuel Modification Plan Guidelines. The proposed landscape plan indicates that over 62% of the required front yard will be landscaped with plant material. D. Compliance with Hillside Management Ordinance The proposed project has been reviewed for compliance with the City's Hillside Management Design Guidelines and regulations. The height of the dwelling unit will not exceed 35 feet as measured from the finished grade to the highest ridge beam. After careful analysis the staff has determined that the proposed structure complies with the City's maximum allowable building envelope. E. Minor Variance Review The applicant requests approval of a Minor Variance to reduce the required front yard setback from 30 feet to 24 feet (i.e., a 20% reduction.) Staff reviewed Minor Variance request for compliance with the findings of fact set forth in Section 22.52.040 DBDC. The steep terrain impacts the applicant's ability to comply with the front yard development standard. To comply with the setback standard, additional high retaining walls would be required. A substantial amount of additional grading and the import of fill material would be required. The City's goal of minimizing grading of the natural slopes will be impacted if the reduced front yard setback is not granted. It is staffs opinion that the goal to minimize grading outweighs the benefits of holding this project to the Development Code's minimum 30 foot front setback. Staff recommends that the Commission grant the requested Minor Variance to reduce the front yard setback from 30 feet to 24 feet. F. G H. Additional Review The Public Works Department and Building and Safety Division reviewed this project. Their comments have been incorporated into the recommended conditions of approval. HOA Review The Diamond Bar Country Estates Homeowners Association has approved the proposed project. 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, and 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 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 provisions of the California Environmental Sections 15303 (New Minor Development) the CEQA Guidelines. RECOMMENDATION: is categorically exempt from the Quality Act (CEQA) pursuant to and 15332 (In -Fill Development) of Staff recommends that the Planning Commission adopt a Resolution conditionally approving Development Review No. 2008-08, Minor Variance No. 2008-01 and Tree Removal Permit No. 2008-01. Prepared by: David D. Meyer, AICP LDM Associates, Inc. Planning Consultant Attachments: Reviewed by Greg Gubman, AICP Planning Manager 1. Draft Resolution of Approval with required findings 2. Aerial Photograph 3. Exhibit "A" — site plan, floor plan, building elevations, conceptual grading plan, and landscape plan PLANNING COMMISSION RESOLUTION NO. 2008-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2008-08, MINOR VARIANCE NO. 2008-01 AND TREE REMOVAL PERMIT NO. 2008-01 FOR THE REQUEST TO CONSTRUCT A THREE-STORY SINGLE-FAMILY RESIDENCE, REDUCE THE REQUIRED FRONT YARD SETBACK AND THE REMOVAL OF FOUR PROTECTED TREES ON LOT NO. 28 OF TRACT 23483, LOCATED AT 23540 MIRAGE LANE, (APN: 8713-034-002) A. RECITALS The Planning Commission considered an application filed by Mr. Simon Shum, AIA, of S & W Development, on behalf of the property owner, Mr. & Mrs. Tengly Tan, requesting approval of plans to construct a new three-story, 10,414 square foot single-family residence with an attached 1,888 square foot garage on a 57,935 gross square foot parcel of land ("Project"). The Project also includes the reduction of the front yard setback from 30 -feet to 24 -feet and the removal of four (4) protected trees. The location of the proposed project is 23540 Mirage Lane. 2. The subject property is zoned RR (40,000) and it contains 57,935 gross square feet (1.33 acres) of land area. The property in question is subject to the Rural Residential (RR) Development Code Standards. 3. The subject property is legally described as Lot 28, Tract 23483 and the Assessor's Parcel Number is (APN) 8713-034-002. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and the 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 the notice was posted at three other locations within the project vicinity. 5. On September 23, 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. 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 with Sections 15303 (New small construction) and 15332 (In -Fill Development) 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 zoning district, design guidelines, and architectural criteria for specialized areas, (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed 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, with the surrounding single-family neighborhood. 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 estate neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed single-family residence 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 goals and objectives 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 development. The proposed project is an infill development that will complement the neighborhood residential character. 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 materials are of high quality, and are consistent with other single-family residences in the surrounding 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 affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed single-family residence is consistent with the anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. MINOR VARIANCE a. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the 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 Minor Variance is a request to reduce the front yard setback from a required minimum of 30 feet to 24 feet. The project site has a steep natural average slope of 25%, making it imperative for the project to stay as close to the street as possible in order to minimize the number of retaining walls and the amount of fill material that will be imported to create the building pad. To achieve the required depth of the front yard a substantial amount of additional grading will be required and additional retaining walls would have to be constructed, which conflicts with the City's goal to maintain as much of the environment as possible in a natural state. In light of these facts, the granting of the requested Minor Variance is an appropriate means to help achieve this goal. b. 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 granting of the requested Minor Variance will allow the subject property to be developed and used in a manner similar to that which is enjoyed by other properties in the vicinity which are not similarly encumbered by the topographical conditions constraining the subject property. c. Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. The Minor Variance is consistent with the General Plan. A goal of the General Plan is to preserve the environment in a natural state when possible. The granting of the Minor Variance will substantially reduce the amount of grading needed to create a building site. d. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The requested minor variance affects only the property in question. The 3 Planning Commission Resolution No. 2008-_ reduction in the front yard setback is consistent with the development techniques used in similar situations. e. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Sections 15303 (New Small Development) and 15332 (In -Fill Development) of the CEQA Guidelines. 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 applicant shall obtain a Tree Removal Permit for the removal of four (4) protected trees. (3) 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. (4) 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. The final landscape plan shall be submitted to the Fire Department for review and approval. (5) Prior to the issuance of any building or grading permits, the required landscape plan and tree removal permit application shall be submitted to and approved by the Planning Division. The landscape plan shall include the replacement of the four (4) protected trees that are to be removed from the site in order to accommodate the proposed development. At least six (6) 24 -inch box and six 15 -gallon Black Walnut trees shall be planted on-site. (6) The maximum exposed face of any retaining wall shall not exceed seven (7) feet. The retaining walls shall be constructed of decorative masonry material approved by the Director. All retaining walls shall be screened with approved landscape material. 4 Planning Commission Resolution No. 2008-_ 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, Mr. Simon Shum, AIA, S & W Development, 20272 Carrey Road, Walnut, CA 91789 and the property owner Mr. & Mrs. Tengly Tan, 3080 East 29th Street, Los Angeles, CA 90806 APPROVED AND ADOPTED THIS 23`d DAY OF SEPTEMBER 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 23rd day of September 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 5 Planning Commission Resolution No. 2008 �---- COMMUNITY DEVELOPMENT DEPARTMENT T'JNvu �� STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT NO: Development Review No. 2008-08, Minor Variance N0. 2008-01 & Tree Removal Permit No. 2008-01 SUBJECT: Construction of a new 3 -story Single -Family Dwelling PROPERTY Mr. & Mrs. Tengly Tan OWNER: 3080 East 29 Street Los Angeles, CA 90806 APPLICANT: Mr. Simon Shum, AIA S & W Development 20272 Garrey Road Walnut, CA 91789 LOCATION: 23540 Mirage 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. 2008-08 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, 6 Planning Commission Resolution No. 2008-_ 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. 2008-08 and Minor Variance No. 2008-01 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 applicant pays 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 License, 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 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. 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 7 Planning Commission Resolution No. 2008- 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. 3. Prior to issuance of a grading, the applicant shall submit fees and receive review and approval for a Tree Removal Permit. C. TIME LIMITS The approval of Development Review No. 2008-08 and Minor Variance No. 2008-01 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. 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 screen the retaining walls. 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. 8 Planning Commission Resolution No. 2008-_ 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that any and all 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 shall 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. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 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 Engineer, licensed by the by the applicant for approval by the City. Is] geotechnical report prepared by a State of California, shall be submitted Planning Commission Resolution No. 2008-_ 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 six (6) foot -high chain link fence. All access points in the defense 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. 8. 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 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. 10 Planning Commission Resolution No. 2008-_ 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 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. Permission must be obtained from adjacent property owners if proposed drainage flows on to their property. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. OFF-SITE STREET IMPROVEMENTS (Not required) E. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK 1. Applicant shall obtain sewer connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the requirements of the City and the Los Angeles County Public Works Division. G. TRAFFIC MITIGATIONS (Not required) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2007 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 Building Department. 11 Planning Commission Resolution No. 2008- 3. Every permit issued by the Building Department 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 85 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. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. — Sat. between the hours of 7:00 a.m. and 7:00 p.m. 7. Specify 5/8" type X drywall between the garage and the house. Specify 1-3/8" solid core self closing door between the house and garage. 8. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 9. Separate permits are required for pool, spa, pond and tennis courts and shall be noted on plans if applicable. 10. A height survey may be required at completion of framing. 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 12. Indicate the proposed 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) 13. 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 Walnut, CA 91789 (909) 595-1261 14. Please submit a total of five (5) full sets of the Planning Division/Commission approved plans including the grading for review to the Building & Safety Division. 15. Building setback from any slope (toe or top) shall meet Chapter 18 of the 12 Planning Commission Resolution No. 2008-_ 2007 California Building Code. 16. All balconies shall be designed for 100 Ib. live load. 17. Guardrails shall be designed for 20 Ib. 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. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. The retaining walls shall be constructed of decorative masonry material approved by the Director. All retaining walls shall be screened with approved landscape material. 21. 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. 22. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 23. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 24. Specify location of tempered glass as required by code. 25. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 26. 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. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 13 Planning Commission Resolution No. 2008- 3. 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. 4. 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 14 Planning Commission Resolution No. 2008-_ Document Title r-� Faze 1 of 1 (c) Copyright `2006. 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DD ... 9A.K D M THE .— 7yp POST STG 12'APARTFt / I � �Dr MDws��P T.F D TMP wRa Ir /" N �n5� WHEW � INDIAN CREEK RD � III ow f F l SY e � � s C I vek wi a m cov¢ o vac E P v� wn��cwnv. ml -.TRY ............. DD ... 9A.K D M THE .— 7yp POST STG 12'APARTFt / I � �Dr MDws��P T.F D TMP wRa Ir /" N �n5� WHEW � INDIAN CREEK RD ! z ;! E. §,; I. � � \ TAN RESIDENCE 235,1 Wage Ln, Diamond Bar, CA 91765 n m 4 A11" r � u �y 111i 71 izS & W DEVELOPMENT 20272 Caffrey Rd, Walnut, CA 91789 1 (909) 598-8000 F. (909)595-2040 E. architects@.cahfomiacustombui ders.com b C O c m E $ E �' U L N = U C W 3 0 2 m o 2 T (D h m d � A D nQ L G G C ro m O d N m O N 'E3, O m m E -Mr- CD 1 D � � O TAN RESIDENCE 28 Mirage Ln, Diamond Bar, CA 91765 0 MCA Roofing Tile Color: Santa Maria Blend (13322) www.mca-tile.com 2OStanding Seam Metal Roofing by Custom -Bili Metals (SL -100) Snap Lock Color: Copper Ultranet SR 37.0 www.custombiltmetals.com 0 La Habra Stucco Color: X-82 Hacienda (Base 200) www.lahabrastucco.com 4OStone Veneer Cultured Stone Old Country Fieldstone (CSV -368105) www.culturedstone.com MATERIAL REFERENCE TAN RESIDENCE 28 Mirage Ln, Diamond Sar, CA 91765 (D Wrought Iron Railing Color: Black Powder Coated Finish OMelton Classics Marble Tex Synthetic Balustrades Design #410 www.balustrades.com 7OMelton Classics Glass Fiber Reinforced Concrete Columns Fiber Crete- Tuscan Column Design #200TN- Plain, 205TN- Fluted www.meltonclassics.com (D Orco Blocks Split -Face Block Stone Retaining Walls www.orco.com OAccent Tiles �a am-�;,`.,'; TAN RESIDENCE 28 Mirage Ln, Diamond Bar, CA 91765 S Foam Molding www.vefoinc.com 12 Glass Railing G Vinyl Windows and Patio Doors Milgard Montecito Series www.milgard.com S Pre-cast Classic Concrete Wall Cap by Stepstone Inc. 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Day Year AM Time Accepted dd ❑ AM ❑Noon ❑ 3 PM ❑ PM Military Total Postage & Fees 'WAIVER OF SIGNATURE(Domestic Mail Only) Additional merchandise insurance is ❑ PM dd� vdd Hwaivor of signature is requected:l wish delivery tc ba made wnhout oblelning signature l that artielecan be left in secure Flat Rate ::1or Weight ❑ 2nd Day [:1 3rd Day `a afadd ee—cidre agent (felayemployse)udges Ixetio )end l,authod th tdelivery ployae' u� con tutee validproofoF delNery. Int'I Alpha Country Code Acceptance Emp. Initials NO DELIVERY O Weekend - 0 Hol dayaaaaaaaaaaaaa lbs. ozs. etemer gnetlue CLISTOMERUSE ONLY METHOD OF PAYMENT: -6 s Federal Agency Acct No. or - Express Mel Corporate Ace. No. Postal Service Acct No. FROM: (PLEASE PRINTI PHONE(. I TO: (PLEASE PRINT) PHONE I e, I _ , r t i f , L J L J Customer Cop JR.tlt � I (� III ■III III I VIII II �I III ILII I���I I�III II � IIIII�II II I��I Label 11-F, April 2C EXPRESS EV 936612786 US MAIL UNITED STATES POSTAL SERVICE® Post Office To Addresse fLIWAiVER OF SIGNATURE (Domestic Mail Only) Additional merchandise Insurance Is void if waiver of signature is requested. I Wish delivery to be made without obtaining signature of addessee or addressee's agent (if delivery employee judges that article can be lett In secure location) and i. authorize that delivery amptoyee's sign. konstltwea valid proof of delivery. NO DELIVERYO Weekend 0 Holiddy,, j 1l ✓ `— Customer Signature Federal Agency Acct. No. w Fxprees Mail Corporals Aed. No. Poslal Service Acct. No. FROM: (PLEASE PRINT) PHONE(, ) r i TO: (PLEASE PRINT) PHONE ( ) r ,.1 f. L J I L IV�BIINII�IVNIIdAVIVIIIBVINIIIIIIYIA�IIII EV 936612?72 US ORIGIN (POSTAL SERVICE USE ONLY) PO ZIP Code PO ZIP Code Day of Delivery Postage Delivery Attempt Time ❑ AM [-]Next ❑ 2nd ❑ 21d Del. Day $ Mo. Day Date Accepted Scheduled Date of Delivery Return Receipt Fee Delivery Attempt Time ❑ AM d. Month Day $ Mo. Day Mo. Day Year Scheduled Time of Delivery COD Fee Insurance Fc Time Accepted AM Employee Signature d ❑Noon ❑ 3 PM $ ❑ PM Military Military Total Postage & Fees ❑ PM ❑ PM $ ' ❑ 2nd Day ❑ 3rd Day $. Flat Rate ❑ or Weight Int'I Alpha Country Code Acceptance Emp. Initials Its. ozs. METHOD OF PAYMENT -DELIVERY lbs. ozs. Well - fLIWAiVER OF SIGNATURE (Domestic Mail Only) Additional merchandise Insurance Is void if waiver of signature is requested. I Wish delivery to be made without obtaining signature of addessee or addressee's agent (if delivery employee judges that article can be lett In secure location) and i. authorize that delivery amptoyee's sign. konstltwea valid proof of delivery. NO DELIVERYO Weekend 0 Holiddy,, j 1l ✓ `— Customer Signature Federal Agency Acct. No. w Fxprees Mail Corporals Aed. No. Poslal Service Acct. No. FROM: (PLEASE PRINT) PHONE(, ) r i TO: (PLEASE PRINT) PHONE ( ) r ,.1 f. L J I L IV�BIINII�IVNIIdAVIVIIIBVINIIIIIIYIA�IIII EV 936612?72 US ORIGIN (POSTAL SERVICE USE ONLY) PO ZIP Code Day of Delivery Postage Delivery Attempt Time ❑ AM Employee Signature Mo. Day PPA Return Receipt Fee Delivery Attempt Time ❑ AM Employee Signature Mo. Day ❑ PM d. $ Delivery Date Time ❑ AM Employee Signature Mo. Day ❑ PM fLIWAiVER OF SIGNATURE (Domestic Mail Only) Additional merchandise Insurance Is void if waiver of signature is requested. I Wish delivery to be made without obtaining signature of addessee or addressee's agent (if delivery employee judges that article can be lett In secure location) and i. authorize that delivery amptoyee's sign. konstltwea valid proof of delivery. NO DELIVERYO Weekend 0 Holiddy,, j 1l ✓ `— Customer Signature Federal Agency Acct. No. w Fxprees Mail Corporals Aed. No. Poslal Service Acct. No. FROM: (PLEASE PRINT) PHONE(, ) r i TO: (PLEASE PRINT) PHONE ( ) r ,.1 f. L J I L IV�BIINII�IVNIIdAVIVIIIBVINIIIIIIYIA�IIII EV 936612?72 US ORIGIN (POSTAL SERVICE USE ONLY) PO ZIP Code Day of Delivery Postage ❑ Next ❑ 2nd ❑ 2nr1 Dei. Day $ Scheduled Date of Delivery Return Receipt Fee Date Accepted Month Day d. $ Mo. Day Year Scheduled Time of Delivery ❑N ❑ oon 3 PM COD Fee $ Insurance Ft I Time Accepted E) AM Military Total Postage & Fees ❑ PM ❑ 2nd Day ❑ 3rd Day $ Flat Rate ❑ or Weight Int'I Alpha Country Code Acceptance Emp. Initials Its. ozs. METHOD OF PAYMENT: &Press Mad Corporate Acct. No. - FROM: (PLEASE PRINT) PHONE( ) r J Customer Col EXPRESS Label 11-F, April MAIL UNITED STATES POSTAL SERVICES Post OfficeTo Addresse e (POSTAL USE ONLY) Delivery Attempt Time El AM Employee Signature Mo. Day ❑ pM Delivery Attempt Time ❑ AM Employee Signature Mo. Day ❑ pM Delivery Date Time ❑ AM Employee Signature ruto. Day ❑ PM WAIVER.OF SIGNATURE:(Oo n tfc rf Only) Additional merchandise inure..• le void N waiver of elgnaNre is requested. I wish delivery to he made wkhout obtaining signature of addresses oraddreee that agent (F delivery employee Judges that article can be left In location)and {authorize that detivery employe�sSfgnato-re� c�onn,sthuteav ¢roof ofdeiWary. NODELIVERYOWeekend, oHoliday ` - oto SlgnaNre Federal Agency Acct, Na. or Poslal Service Acct. Na. TO: (PLEASE PRINT) PHONE ( ) �1 r c> ; J I L Customer Cop' II IlI1 �I Il�lll II IIIIII VIII VIII IIIII I III IIIII I III III VIII IIII II I III IIIII Label 11 F. Apri120( EXPRESS EV 936612809 US MAIL UNITED 1 UNITED STATES POSTAL SERVICE® Post OfficeT bAddressef •• • • PO ZIP Code Day of Delivery P-tage •ELIVERY (POSTAL USE ONLY) Delivery Attempt Time 1:1AM Employee Signature L-1NextI] 2nd E] 2nd D.ay $.. D Mo. Da El Pro Scheduled Date of Delivery Return Receipt —Fee--- Date Accepted ❑ AM Delivery Attempt Timc Employee Signature Month Day Mo. Day ` ❑ PM Mo. Day Year Scheduled Time of Delivery COD Fee Insurance Fee Delivery Date Time Employee Signature 1:1 AM Time Accepted CC CC [:] AM ❑ Noen ❑ 3 PIA $ $ Mo. Day ❑ PM Military Military Total Postage & Fees Cl P" OF SIGNATURE (Domestic Mail Only) Additional merchandise Insurance Is Flat Rate❑ or Weight ❑Intl Day ❑3rd Dayof old N waiver of signature is requested, l wish deliveryto be made without obtaining stpnetuis adtl es ee or addr ee's agent (1l delivery employee jut ges that article can be left In secure Int'I Alpha Country Code Acceptan ce Emp. Initials boats )'ndI othod thatd'.mployee's-.signature cpnsiit W. valld Proof of delivery. lbs. NO DELIVERY E weekend"�Hdiday.- - - C omer Signature ' METHODOF PAYMENT: - ' Evpress Mail Corporate Acct. Nc. IV Federal Agency Acct. No. or Postal $EviCe acct. NO. FROM: (PLEASE PRINT) PHONE( ) - TO: (PLEASE PRINT) PHONE r 1 ( 1 r _a v L .. J L J FOR ORitWWW.USPS-COM or Call 1-800-222-1811 Customer CoF l�.11l III IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIIIIII II IIIILabel t l_F, April z' EXPRESS J EV 936612790 US MAIL UNITEDSTATES POSTAL SERVICE® Post OfficelbAddresse PO ZIP Code Day of Delivery Postage I DELIVERY • ONLY) Delivery At[empt Time ❑ AM Employee Signature ❑ Next ❑ 2nd I] 2nd Del. Day MO. Da ❑ PM Scheduled Date of Delivery Return Receipt Fee Date Accepted ❑ Employee Signature Delivery Attempt Time AM dd.. Month Day $ Mo. Day ❑ Pm Mo. Day Year Scheduled Time of Delivery COD Fee Insurance Fee Delivery Date Time Employee Signature ❑ AM Time Accepted $d� $ ❑ AM El N.— ❑ 3P. W W Mol Day ❑ PM gj Military Total Postage &Fees [PM WAIVER OF SIGNATURE(Do - (Do—tic Malt Only) Additional marahartdi•e rnInris la CC Flat Rate El or Weight ❑2ntl Day ❑srd Day .p votdif hrar ofaignaturals requestede. Iwish tlelvery to be. vllNlOgt obfalN!%]algin... of add ea oraddressee's agent (ifd Ilveryejudges hd I Alpha Country Code Acceptance Emp. Initials that lutlae can be lett Insecure to ti.r) di authorize that deft ary ip sign$ty gtstttutas.,yelld proof ofdeilvery lbs. ozs. - NO DELIVEfiYDwe°kend Nalday. ,� - . Signature METHOD OF PAYMENT: taPresS Mail Corporate Acd. No. FederalAgency Acct. No. or Postal Service Acc. No. FROM: (PLEASE PRINT) PHONE( / ) TO: (PLEASE PRINT) r PHONE �• � r,,r / < - J L J :•1 CITY OF DIAMOND BAR WOO C,�#, UBLIC MEETING AI�4m VIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On September 23, 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 September 18, 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 September 18, 2008, at Diamond Bar, California. Stella Marque Community Development Department g:\\a Ffld avi tposting. doc