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HomeMy WebLinkAbout09/9/2008PLANNING FILE COPY COMMISSION AGENDA September 9, 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. ]XVIOND B�RQ 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(),ci diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, September 9, 2008 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2008-25 PLEDGE OF ALLEGIANCE: 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: August 26, 2008. 5. OLD BUSINESS: None. 6. NEW BUSINESS: 6.1 Street Vacation — A request to determine the vacation of approximately 224 linear feet at the end of Via Sorella Street is in conformance with the General Plan. Project Address: Via Sorella Street Applicant: City of Diamond Bar Recommendation: Staff recommends that the Planning Commission make the determination that the vacation of 224 linear feet at the end of Via Sorella Street is in conformance with the General Plan. SEPTEMBER 9, 2008 7. 8. PUBLIC HEARING(S): PAGE 2 PLANNING COMMISSION AGENDA 7.1 Development Review No. 2008-06 and Minor Conditional Use Permit No. 2008-04 Under the authority of DBMC Sections 22.48 and 22.56, the applicant has 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, R1-8,000 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. 200-04 for the continuation of a nonconforming side yard setback. Project Address: 469 Rock River Road (Tract 28058, Lot 22; APN 8718-027-007) Property Owner: Juan Conde 469 Rock River Road Diamond Bar, CA 91765 Applicant: Nathan Jones Capital Construction 29031 Lakehurst Ct Romoland, CA 92585 Environmental Determination: The City has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15301(e) (addition to an existing structure of less than 10,000 square feet). Therefore, no further environmental review is required. Recommendation: Staff recommends that the Planning Commission 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 draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. SEPTEMBER 9, 2008 PAGE 3 PLANNING COMMISSION AGENDA 10. SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING - PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Thursday, September 11, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, September 16, 2008 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, September 23, 2008 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, September 25, 2008 Government Center/SCAQMD Hearing Board Room 21865 Copley Drive MDRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 26, 2008 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee 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 Anthony Santos, Management Analyst. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of July 8 2008. C/Nolan moved, C/Shah seconded to approve Consent Calendar Item 4.1 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Nolan, Shah, Lee, Chair/Nelson None VC/Torng 4.2 Acquisition of Property — Under the authority of Government Code Section 65402, a request to determine the City's acquisition of approximately 0.36 acres of land located at the southeast corner of Washington Street and Lincoln Avenue is in conformance with the General Plan - APN: 8719-101- 14 and 15. Chair/Nelson felt that residents would not object to another park. He asked if the site was a possible cell site and if so, would the residents be so informed? CDD/Fong responded that it was a fair question and the answer AUGUST 26, 2008 PAGE 2 DRAFT PLANNING COMMISSION was unknown at this time because the City is not aware of whether a vendor would approach the City with a cell site proposal. Chair/Nelson said he would prefer to let the residents know up front. C/Nolan asked if the City actively pursued vendors to cover inadequate cell site service. CDD/Fong responded no, that cell sites were market-driven. The City looks at leasing public facilities for additional revenue to pay for park maintenance. However, the City does not rely on that revenue. CDD/Fong said she would pass these comments on to the Community Services Department to inform and educate residents during their neighborhood meetings, that there is a possibility that vendors may wish to place a cell site on the property. CDD/Fong responded to C/Lee that the site is located across from the mobile home park on Washington Street. C/Lee moved, ClNolan seconded, to approve Consent Calendar Item 4.2. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: NEW BUSINESS: 7. PUBLIC HEARING: COMMISSIONERS COMMISSIONERS COMMISSIONERS None None Lee, Nolan, Shah, Chair/Nelson None V/C Torng 7.1 One Year Time Extension for Development Review No. 2005-02 — Under the authority of Development Code Section 22.66, the applicant requested an extension of time to obtain Building Permits for the construction of a new single-family residence approved by the Planning Commission on June 29, 2005, and was granted a one year extension on July 10, 2007. The approved residence is 3,631 square feet in area with attached garages totaling 4,297 square feet on a 13,330 square foot parcel in the R-1 8,000 zone, with a consistent underlying General Plan Land Use designation of Low Medium Density Residential (RLM). The time extension will provide an additional year to secure the necessary permits to begin construction. (Adjourned from August 12, 2008) AUGUST 26, 2008 PAGE 3 PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: &DRAFT PLANNING COMMISSION 1198 Chisolm Trail (Tract 37873, Lot 14; APN 8717-026-013) Diamond Bar, CA 91765 Mitchell Won 1198 Chisolm Trail Diamond Bar, CA 91765 AP/Alvarez presented staff's report and recommended Planning Commission approval of a one-year time extension for Development Review No. 2005-14, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Nelson opened the Public Hearing. Mitchell Won said he had been trying to complete this project for the past three years. The problem with the fault line on his property has made this project very difficult. Finally, the grading plan is currently under review by staff. He asked for consideration of a one-year extension so that he could complete his dream home. Chair/Nelson closed the Public Hearing. C/Nolan moved, C/Shah seconded, to approve Development Review No. 2005-14. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Nolan, Shah, Lee, Chair/Nelson None VC/Torng PLANNING COMMISSIONER COMMENTSIINFORMATIONAL ITEMS: C/Shah, C/Lee, C/Nolan and Chair/Nelson wished VC/Torng a speedy and full recovery and hoped he would soon return to his position with the Commission. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Fong reported that the City obtained subscriptions to the Planning Commissioners Journal for the Commissioners and hoped that the shared information would be helpful and enjoyable reading. CRAFT AUGUST 26, 2008 PAGE 4 PLANNING COMMISSION September 11 is Diamond Bar Day at the Fair and if Commissioners want to attend the luncheon they are requested to make reservations using the invitation distributed to the Commission. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. CDD/Fong stated that due to lack of quorum there would not be a September 2 City Council meeting. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:20 p.m. The foregoing minutes are hereby approved this 9th day of September, 2008. Attest: Respectfully Submitted, Nancy Fong, Community Development Director Steve Nelson, Chairman PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 -- TEL. (909) 839-7030 - FAX (909) 861-3117 ITEM NO. 6.1 DATE: September 9, 2008 TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, AICP, Community Development Director SUBJECT: In accordance with Government Code Section 65402, a request for the Planning Commission to make the determination that the vacation of 214 lineal feet at the end of Via Sorella Street is in conformance of the General Plan. BACKGROUND: On October 9, 2007, the Planning Commission approved Conditional Use Permit No. 2007-08 and Development Review No. 2007-14, and adopted Mitigated Negative Declaration No. 2007-05 for the development of a private school, Institute of Knowledge, at 1009 Via Sorella Street. A condition of approval requires that the applicant vacate the portion of the Via Sorella Street approximately 214 lineal feet long and 8,479 square feet in area, which is located beyond the cul-de-sac as shown in the Exhibit "B" of Attachment 1. The applicant, Nomaan Baig, requests the proposed vacation in order to proceed with the private school development. The applicant has diligently processed plan check and has received a grading permit, which is a pre- requisite for the issuance of a building permit. DISCUSSION: In accordance to Government Code Section 65402, the vacation of any portion of a street requires a determination from the Planning Commission that it is in conformance with the General Plan. At the time of the review for the proposed private school, staff determined that there is no present and prospective public use of this portion of the street to be vacated. With the street vacation, the City will be relieved from the burden of maintenance of this portion of the street, which will be a benefit to the public. The vacation proceeding is undertaken in accordance with Division 9, Part 3 (Public Streets, Highways and Service Easements Vacation Law) of the Streets and Highways Code of the State of California. State Law prescribes the procedure and requirements for vacating streets. The following are the steps for a street vacation: Planning Commission determination of conformity with the General Plan through adoption of a resolution. 2. Upon conformity with General Plan determination, the proposed vacation is scheduled for the City Council to approve the intent to vacate that portion of the street and set a public hearing for the formal vacation. 3. City Council public hearing for the street vacation. Through the vacation process, the City will consider conveying the portion of Via Sorella Street that is beyond the existing cul-de-sac to the property owners of 1009 Via Sorella Street and 1019 Via Sorella Street (project site and AP Learning Center) as shown in the attached Exhibit "B." If the vacation is approved by the Council, the applicant of 1009 Via Sorella will be required to improve the end of the cul-de-sac by installing curb, gutter, and sidewalk to the satisfaction of the City Engineer. The vacated portion of the street will be the responsibility of the new owners for the maintenance of the area. Pursuant to sections 8340 and 8341 of the Streets and Highways Code, the City will reserve and except from the vacation an easement for such purposes as maintaining or constructing sanitary sewers, storm drains or other appurtenant structures in, on, or across the street to be vacated. ENVIRONMENTAL ASSESSMENT: The City has determined that the vacation of a 214 lineal feet of the street located beyond the end of cul-de-sac is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). Further, on October 9, 2007 the Planning Commission adopted a Mitigated Negative Declaration No. 2007-05 for the development of 1009 Via Sorella where the project included the proposed portion of the street to be vacated. RECOMMENDATION: Staff recommends that the Planning Commission make the determination that the vacation of 214 lineal feet at the end of Via Sorella Street is in conformance of the General Plan through the adoption of the attached resolution. Attachment: 1. Legal Description and map of proposed street vacation 2. Site development plan for Institute of Knowledge, 1009 Via Sorella 3. Draft resolution Ia G3 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, MAKING DETERMINATION THAT THE VACATION OF THE PORTION OF VIA SORELLA STREET APPROXIMATELY 214 LINEAL FEET LONG AND 8,479 SQUARE FEET IN AREA LOCATED BEYOND THE END OF THE CUL-DE-SAC IS IN CONFORMANCE WITH THE GENERAL PLAN AND MAKING FINDINGS IN SUPPORT THEREOF. RECITALS (i) WHEREAS, Via Sorella Street has been dedicated to the City of Diamond Bar, as successor to the County of Los Angeles, for public street and highway purposes dedicated by statement of the face of Tract Map 7937, recorded in Book 90, Pages 7 through 8 inclusive, of maps in the Office of the County Recorder of the County of Los Angeles, State of California; (ii) WHEREAS, The City of Diamond Bar has received a request from the applicant, Nomaan Baig, of Institute of Knowledge to vacate a portion of Via Sorella Street. The proposed vacation for said portion of the Via Sorella street was a made a condition of approval for Conditional Use Permit No. 2007-08 and Development Review No. 2006-14 that was approved by the Planning Commission on October 9, 2007; (iii) WHEREAS, Section 65402 of the Government Code of the State of California requires that no street shall be vacated or abandoned until it has been reported upon by the planning agency of the City as to its conformity with the General Plan, and; RESOLUTION NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE: Section 1 The proposed portion of the Via Sorella street to be vacated is approximately 214 lineal feet and 8,470 square feet in area and located beyond the existing cul-de-sac of the street at 1019 and 1009 Via Sorella. The existing conditions of the street is not fully improved and does not provide public access or use other than serving the properties of 1019 and 1009 Via Sorella. Section 2 Through the review of the proposed private school development at 1009 Via Sorella, it was determined that there is no present and prospective public use of said portion of the street. With the street vacation, the City will be relieved from the burden of maintenance of this portion of the street, which will be a benefit to the public. Section 3 Through the vacation process, the City will consider conveying the portion of Via Sorella Street that is beyond the existing cul-de-sac to the property owners of 1009 Via Sorella Street and 1019 Via Sorella Street (project site and AP Learning Center) as shown in the attached Exhibit "X." The applicant of 1009 Via Sorella is required to improve the end of the cul-de-sac by installing curb, gutter, and sidewalk to the satisfaction of the City Engineer. The vacated portion of the street will be the responsibility of the new owners for the maintenance of the area. Section 4 The vacation of said portion of Via Sorella Street approximately 214 lineal feet and 8,479 square feet along the frontage of 1019 and 1009 Via Sorella is in conformance with the General Plan. Section 5 The Planning Commission hereby finds that the vacation of a 214 lineal feet of the street located beyond the end of cul-de-sac is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Further, on October 9, 2007, the Planning Commission adopted Mitigated Negative Declaration No. 2007-05 for the development of the 1009 Via Sorella where the project included the proposed portion of the street to be vacated. APPROVED AND ADOPTED THIS 9th DAY OF SEPTEMBER, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby Resolution was duly introduced, passed, and adopted by the the City of Diamond Bar, at a regular meeting of the Planning 9th day of September 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Community Development Director certify that the foregoing Planning Commission of Commission held on the 2 Vacation of Via Sorella Street PAGE 1 OF 3 EXHIBIT " A " LEGAL DESCRIPTION LEGAL DESCRIPTION OF PARCEL "A" AREA OF VIA SORELLA TO BE VACATED PARCEL A BEING A PORTION OF VIA SORELLA RIGHT OF WAY AS SHOWN ON PARCEL MAP NUMBER 7937 IN BOOK 90 PAGES 7 AND 8 AS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF LOS ANGELES. IN THE CITY OF DIAMOND BAR, STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF PARCEL MAP NUMBER 7937, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 32'36'22" EAST, A DISTANCE OF 51.06 FEET TO THE WESTERLY LINE OF CALIFORNIA STATE HIGHWAY 60/57 AS SHOWN ON FREEWAY MAP 2130-2, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 54'34'41" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'35'37" HAVING A RADIUS OF 300.00 FEET, A DISTANCE OF 149.72 FEET TO A POINT OF CUSP A RADIAL LINE TO SAID POINT BEARS SOUTH 83'10'18" EAST; THENCE ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 7550.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 49' 16'47" WEST, THROUGH A CENTAL ANGLE OF 0"28'34", A DISTANCE OF 62.74 FEET SAID CURVE BEING THE SOUTHEASTERLY LINE OF LOT 3 OF PARCEL MAP 7937 THENCE CONTINUING ALONG THE SOUTHEASTERLY LINE OF LOT 3 SOUTH 40'14'39" WEST,A DISTANCE OF 62.20 FEET TO THE POINT OF BEGINNING_ CONTAINS 3.981 SQUARE FEET MORE OR LESS SEE ATTACHED PLAT DEPICTING THE ABOVE DESCRIBED LAND. �V LA N� IV, 419 THIS DESCIPTI N WAS PREPARED UNDER MY SUPERVISION: No.6771 GREG EMBHEE L.S. 5771 LICENCE EXPIRES 9-30-08 EXP- I -OB PAGE 2 OF 3 EXHIBIT " A " LEGAL DESCRIPTION LEGAL DESCRIPTION OF PARCEL "B" AREA OF VIA SORELLA TO BE VACATED PARCEL B BEING A PORTION OF VIA SORELLA RIGHT OF WAY AS SHOWN ON PARCEL MAP NUMBER 7937 IN BOOK 90 AT PAGES 7 AND 8 AS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF LOS ANGELES. IN THE CITY OF DIAMOND BAR. STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF PARCEL MAP NUMBER 7937, SAID POINT FBEING EET TOHTHERUE POINT OF WESTERLY LLINEEOFNCALIFORNIACSTATTETHIGHWAY 60/57AAS SHOWNSONNCE OF FREEWAYI 06 2130-2SAID POINT BENG ON BEARS SOUTH 54IA MAP 54I34-41' EAST; THENCECONCAVE SOUTHWESTERLY LALONG Y A ASDIAL LINE TD SAID CURVE SAID THROUGH A CENTRAL ANGLE OF 2'01'53" HAVING A RADIUS OF 300.00 FEET, A DISTANCE OF 10.64 FEET TO THE END OF SAID CURVE. A RADIAL LINE TO SAID POINT BEARS SOUTH 52'32'48" EAST: THENCE SOUTH 37'27'12" WEST ALONG SAID WESTERLY LINE OF CALIFORNIA STATE HIGHWAY 60/57. A DISTANCE OF 96.50 FEET TO A POINT OF CUSP, A RADIAL LINE TO SAID POINT BEARS SOUTH 73'45'26" EAST: THENCE ALONG A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 44.00 FEET, THROUGH A CENTRAL ANGLE OF 84'33'02". A DISTANCE OF 64.93 FEET TO AN ANGLE POINT OF LOT 1 OF PARCEL MAP NUMBER 7937, A RADIAL LINE TO SAID POINT BEARS NORTH 21'41'32" EAST: THENCE ALONGERLY INE F LOTS 1 THE TRUED2 OF POINT OFRCEL BEGINNPINGg37 NORTH 40'14'39" CONTAINS 4,776 SQUARE FEET MORE OR LESS SANDS SEE ATTACHED PLAT DEPICTING THE ABOVE DESCRIBED LAND. 9. PND E11� THIS,DESCIPTION WAS PREPARED UNDER MY SUPERVISION: J G� 0.6771 GREG EMBREE L . S . 6771EXP • LICENCE EXPIRES 9-30-08 cf'TA_ J S J � No. 6771 EXHIBIT B CITY OF DIAMOND BAR VIA SORELLA RIGHT-OF-WAY VACATION PLAT tiA \X90• -\ �y� •29 0.o ` O PP P P PPrGi. LOT 2 NB3 -50' 3i"E (R�) 57'iB•E ^i72.6 Wg7� - - 3�% N136.23' i8"E (RAD) oatD' Q / mom & 4 SB3.10' (FlAD o � sN (R=3008 -E � N o. PAGE 3 OF 3 R= 450.00' D= 2'32'47- L= 20.00' Ns- LOT 3 ,00m �p ,rbs Pp O. B. `-Sg CORNER J \r9909 LOT I u� f p0 o�p L- L- �' 6-J r N N p0, 9A2 LI L- LAL�B t h L_L_L L�� 3Q �• SCALE 1" - 60' cli -Q � a. o � � 9 ~2 Q•Q�,QOP � v ,y ` 'p .o z^ 4b _~ 69P PARCEL A =3, 9B1 SO. FT. S89'46 50'E (RAO) ) 0 C, y01 �t�6poQ 0.09 ACRES t A �r�rU s� B 25 •�2.E� q40 _ (RAI)) � ., 0 0222- NOTE: THE RIGHT OF INGRESS TO AND EGRESS FROM L ARESERVEDNBYACROSS OVEISR 0, TOBE SEPARATERCEL DOCUMENT -N- BASIS OF BEARINGS' 01� `Z/ A .tip 0 5?� / / APPROVED BY: CITY OF DIAMOND BAR /9 DAVID LIU DATE CITY ENGINEER C.E.S-M- INC. PLAN PREPA D NDER PLAN REVIEWED BY: 2131 REDELL AVE- DIRECTION MONK MONROVIA CA. 91016 626-359-6250 7-3/ FS DWG- GREG EMBREE DATE VIA SORELLA VACTION LS 6771 DATE N p0, 9A2 LI L- LAL�B t h L_L_L L�� 3Q �• SCALE 1" - 60' cli -Q � a. o � � ~2 Q•Q�,QOP � v ,y ` 'p .o z^ 4b _~ 69P PARCEL A =3, 9B1 SO. FT. S89'46 50'E (RAO) ) 0 C, y01 �t�6poQ 0.09 ACRES t A PARCEL B = 4,776 SQ.FT- s� B 25 •�2.E� 0.11 ACRES -O. _ (RAI)) � ., 0 0222- NOTE: THE RIGHT OF INGRESS TO AND EGRESS FROM L ARESERVEDNBYACROSS OVEISR 0, TOBE SEPARATERCEL DOCUMENT o� �Z yip BASIS OF BEARINGS' 01� `Z/ THE BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY LINE .tip 0 5?� OF PARCEL MAP NO. 7937 M.B. 90 P. 7-8 RECORDS OF LOS ANGELES COUNTY, BEING S40-14 39-W / / APPROVED BY: CITY OF DIAMOND BAR /9 DAVID LIU DATE CITY ENGINEER C.E.S-M- INC. PLAN PREPA D NDER PLAN REVIEWED BY: 2131 REDELL AVE- DIRECTION MONK MONROVIA CA. 91016 626-359-6250 7-3/ FS DWG- GREG EMBREE DATE VIA SORELLA VACTION LS 6771 DATE ti !poM!I 68L16 VO'HYE3 ONOWVIQ bll3NOS VIA 6001 3J03lMONH 30 3iniliSNI �� z O- . 1N�YdOMA30� M3N 0380dONd 4 £ i rY 4 x F - a �IE El iT - : W /J o � o W �W wW as 5 ro�aw»< o$ o �r 1 � 1 6l -- �� Bey z 11 PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-31 17--www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: September 9, 2008 CASE/FILE NUMBER: Development Review No. DR 2008-06 & Minor Conditional Use Permit No. 2008-04 PROJECT LOCATION: 469 Rock River Road Diamond Bar, CA 91765 APPLICATION REQUEST: 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 lot, R1- 8,000 zoned parcel with a consistent underlying General Plan Land Use designation of Low -Medium Density Residential (RLM) and Minor Conditional Use Permit No. 200-04 for the continuation of a nonconforming front and side yard setback and nonconforming building separation between structures. PROPERTY OWNER: APPLICANT: Juan Conde 469 Rock River Road Diamond Bar, CA 91765 Nathan Jones Capital Construction 29031 Lakehurst Ct Romoland, CA 92585 STAFF RECOMMENDATION: Conditionally Approve BACKGROUND: The property owner and applicant, request approval of the following: Plans to construct a two-story, 2,141 square -foot addition to an existing 1,476 square -foot, single -story single-family residence; and • A Minor Conditional Use Permit for the continuation of a nonconforming front of seventeen feet and side yard setback of seven feet and the building separation of twelve feet. The project site is located near the terminus of Rock River. The project site is a generally rectangular shaped lot containing 9,869 square feet (.23 acres). ANALYSIS: A. Review Authority (DBMC $ 22.48 and 22.56) The Planning Commission is the review authority single-family residential additions larger than 50 percent of the existing floor area with nonconforming setbacks via a Development Review and Minor Conditional Use Permit applications. B. Site and Surrounding General Plan Zoning, and Uses C. Development Review (DBMC § 22.48) Page 2 Development Review 2008-06 & Minor Conditional Use Permit No. 2008-04 General Plan Zone Applicable Uses Designation Development Code Standards Site Low Medium R-1 (8,000) RLM Single Family Residential Residence North Low Medium R-1 (8,000) RLM Single Family Residential Residence South Low Medium R-1 (8,000) RLM Single Family Residential Residence East Low Medium R-1 (8,000) RLM Single Family Residential Residence West Out of City NIA N/A City of Industry C. Development Review (DBMC § 22.48) Page 2 Development Review 2008-06 & Minor Conditional Use Permit No. 2008-04 Residential District General Development Standards: The following table compares the proposed project with the City's Development Standards for residential development in the Rural Residential Zone: Development Standards Comparison Table Development Development Proposed Meets Feature Standards Requirements Minimum Lot Area 8,000 square feet 9,869 square feet Yes Residential Density 1 single-family 1 single-family Yes residence residence 17 feet MCUP Front Setback 20 feet (match existing) Required 5 feet & MCUP Side Setbacks 5 feet & 10 feet 7 feet Required (match existing) Side yard minimum 19 feet & MCUP between structures 15 feet 12 feet Required on adjoining parcels match existing Rear Setback 20 feet Approximately 40 Yes feet Lot Coverage 40% 34.2% Yes Building Height Limit 35 feet maximum 23'-4" Yes Landscaping 50% of the front yard 75% Yes in landscaping 2 spaces fully 2 spaces fully Parking enclosed garage enclosed Yes (20'x20') 2. Architectural Features, Colors, Materials, Floor Plan, Etc. The architecture of the proposed single-family residence is a 1970s tract design, with features to include the following: asphalt roof, stucco walls, with vinyl windows. The architectural design and colors are consistent with the surrounding architecture of the neighborhood. Page 3 Development Review 2008-06 & Minor Conditional Use Permit No. 2008-04 The existing floor plan contains a two -car garage, kitchen, dining room, living room, family room, four bedrooms, and two bathrooms. The proposed first floor addition will contain a new family room, home theater, bedroom, bathroom, and the removal of an existing bedroom to be converted into a laundry room totaling 1,274 square feet. The proposed second floor will contain a bedroom, bathroom, and nursery totaling 867 square feet. 3. Landscaping and Preserved/Protected Trees (DBMC § 22.24) A landscape plan is not required for the project because the front and rear yard is currently landscape and the resulting development to the rear of the structure will not have a negative impact. 4. Covenant and Agreement A condition of approval requires the property owner to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a City form. The covenant must be recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. 5. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. D. Minor Conditional Use Permit (DBMC § 22.56) The required front yard setback for the subject site is 20 feet, and the required side yard setbacks are five feet on one side, and ten feet on the other, in addition to a minimum separation of 15 feet between structures. The existing front yard setback from the face of the house to the property line is seventeen feet, and the side yard setbacks are five and seven feet, with a separation of 12 feet and 19 feet from the neighboring residence. The City recognizes that property owners should be allowed to have an additions or improvements to their properties, even with nonconformities. Therefore, the City has established the Minor Conditional Use Permit process for such additions, subject to the findings set forth in the Development Code. Staff believes that approving the Minor Conditional Use Permit as described above for the proposed addition is appropriate and compatible with other residences in the neighborhood based on the following facts and observations: • The existing dwelling was built in 1971, prior to the incorporation of the City of Diamond Bar; Page 4 Development Review 2008-06 & Minor Conditional Use Permit No. 2008-04 • The proposed addition will maintain the existing nonconforming side yard setback of seven feet; • The proposed addition will maintain the existing nonconforming front yard setback of 17 feet; • The site has a landscaped right-of-way (ROW) of seven feet behind the public sidewalk, giving the appearance of a 24 foot front yard setback; • The proposed addition will not further encroach into the existing separation of structures of 12 and 19 feet; and • By maintaining the existing nonconforming setbacks, the proposed project is consistent with other homes within the neighborhood on Rock River. Additionally, the proposed project will add value to the existing residence and neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 (e) of the CEQA Guidelines (addition to an existing single-family residence). Therefore, no further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission conditionally approve Development Review No. 2008-06, and Minor Conditional Use Permit No. 2008-04 Findings of Fact, conditions of approval, and Standard Conditions as listed within the attached resolution. Prepared by: David Alvarez Reviewed by imaz Greg GubArrAICP Page 5 Development Review 2008-06 & Minor Conditional Use Permit No. 2008-04 Assistant Planner Planning Manager Attachments: 1. Draft Resolution; 2. Aerial; 3. Exhibit "A"- site plan, floor plans, roof plan, elevations, and sections. Page 6 Development Review 2008-06 & Minor Conditional Use Permit No. 2008-04 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2008-06 AND MINOR CONDITIONAL USE PERMIT NO. 2008-04, TO CONSTRUCT AN ADDITION OF 2,141 SQUARE FEET TO AND EXISTING 1,476 SQUARE FOOT DWELLING AND THE CONTINUATION OF A NONCONFORMING FRONT AND SIDE YARD SETBACKS, ON A 9,869 SQUARE FOOT (0.23 ACRE) LOT, LOCATED AT 469 ROCK RIVER ROAD (APN: 8718-027-007, LOT 22, TRACT NO. 28058), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owner, Mr. Juan Conde and applicant Mr. Nathan Jones, have filed an application for Development Review No. 2007-06, and Minor Conditional Use Permit No. 2008-04, for property located at 469 Rock River Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On September 9, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines (addition to an existing single-family residence). Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations; 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 469 Rock River Road (Lot 22 of Tract 28058), Diamond Bar, California; (b) The project site has a General Plan land use designation of Low/Medium Density Residential (RLM) Maximum Dwelling/Lot; (c) The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone interpreted as Low/Medium Density Residential (RLM) Zone; (d) Generally, to the north is Single Family Residential -Minimum Lot Size 8,000 (R-1-8,000) zone; to the east is Single Family Residential -Minimum Lot Size 8,000 (R-1-8,000) zone; to the south is Single Family Residential -Minimum Lot Size 8,000 square feet (R-1-8,000) zone; and to the west is outside city boundaries (City of Industry); (e) The Application request for an addition of 2,141 square feet to existing 1,476 square foot Single Family Residence feet on an existing 9,869 square foot lot and for the continuation of nonconforming front and side yard setbacks and nonconforming building separation between structures on neighboring properties. 2 Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); On July 25, 1995, the City adopted its General Plan. Although Tract No. 28058, Lot 22 (project site) was established prior to the City's incorporation and General Plan's adoption. The application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Low/Medium Density Residential (minimum lot of 8,000 Square Foot) land use designation. The proposed project consists of an addition of 2,141 square feet to an existing 1,476 square foot Single Family Residence. Hence, the proposed project meets all other development standards for the RLM zoning district as prescribed in the Development Code. The proposed project is not unusual for the surrounding area and is consistent with other development in this surrounding community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project's architectural style and construction materials and colors will match the existing residence which is compatible with the other homes within the community. (g) The design and layout of interfere with the use and future development and hazards; 3 the proposed development will not enjoyment of neighboring existing or will not create traffic or pedestrian With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (0, the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed addition of 2,141 square feet to an existing 1,476 square foot Single Family Residence established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The architectural style of the proposed site is a typical Traditional design. The compatibility of the proposed project with the surrounding residences is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; As referenced in the above findings (f), (g), and (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically 0 appealing while offering variety in color and texture and a low le vel of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301 (e), the City has determined that the project identified above in this Resolution is categorically exempt (addition to an existing single-family residence). Minor Conditional Use Permit (1) The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; As stated in Findings (t), (g) and (h) above, the proposed addition to an existing single-family residence is allowed within the R-1- 8,000 zoning district. Pursuant to the Development Code, the development standards of the RLM zoning district apply to the project site. R-1-8,000 zoning district and complies with all applicable Development Code standards for that zoning district except for the nonconforming front and side yard setbacks and separation between structures on neighboring properties. The existing nonconforming setbacks and separation between structures may be allowed with the appropriate findings through the Minor Conditional Use Permit process. F Pursuant to Table 2-4 of Development Code Section 22.08.040, the required front yard setback for the RLM zoning district is twenty feet and the required side yard setback is ten feet. The existing front yard setback is 17 feet and maintains a 7 foot right-of-way behind the public sidewalk giving it an appearance of a 24 foot front yard setback. The existing side yard setback is seven feet. The front and side yard setbacks which were legal under Los Angeles County's jurisdiction when the residence was constructed is now considered nonconforming. The proposed addition will not further encroach into the nonconforming front and side yard setbacks. Nonconforming Findings (m). In accordance with Section 22.68.030, the Planning Commission hereby finds that the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: Incompatible with other structures in the neighborhood. The proposed addition will maintain the existing front yard setback and will continue the side yard setback of seven feet and will maintain the existing nonconforming separation between structures on neighboring properties. The distance will not alter the established neighborhood character, nor will the residence further erect into the setbacks. Approval would still promote a sensible building plan, and contribute to an attractive street scene. 2. Inconsistent with the General Plan or any applicable specific plan. The project site is an existing single-family residential developed under Los Angeles County. The nonconforming front and side yard setbacks with the approval of the Minor Conditional Use Permit are consistent with the General Plan and all applicable codes. 3. A restriction to the eventual/future compliance with applicable regulations of this Development Code. Approval of the Minor Conditional Use Permit, which will permit the continuation of a nonconforming front and side yard setback r. distances and the separation between structures on neighboring properties, will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations. 4. Detrimental to the health, safety and general welfare of persons residing in the neighborhood. Based on the conditions of approval regarding site design and improvements that must comply with the provisions of the Diamond Bar Development Code, the use will not have a negative impact on the health, safety or general welfare of persons residing in the neighborhood. 5. Detrimental and/or injurious to property and improvements in the neighborhood. The project site is an existing developed single-family residential surrounded by existing residential development. The proposed project will compliment the neighborhood. 5_ Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to site plan, floor plans, roof plan, elevations, demolition plan, and sections collectively labeled as Exhibit "A" dated September 9, 2008, as submitted and approved by the Planning Commission, and as amended herein; (b) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; PUBLIC WORKS DIVISION (c) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the walls and elevations of the top of wall/footing and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; 7 (d) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; (e) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits; BUILDING AND SAFETY (f) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (g) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval; (h) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Juan Conde, 469 Rock River Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 9th OF SEPTEMBER 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. MO Steve Nelson, Chairman .11 I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of September 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 01 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2008-06, and Minor Conditional Use Permit No. 2008-04 SUBJECT: Addition of 2,141 square feet to an existing 1,476 square foot Single Family Residence, and the continuation of the front and side yard nonconforming setbacks. PROPERTY OWNER: Mr. Juan Conde APPLICANT: Mr. Nathan Jones, Capital Construction LOCATION: 469 S. Rock River 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 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its 10 officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2008-06 and Minor Conditional Use Permit No. 2008-04 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 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. 2008-06 and Minor Conditional Use Permit No. 2008-04 at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2008 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 11 13 8_ Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. g. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 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 the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. FEESIDEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2008-06 and Minor Conditional Use Permit No. 2008-04 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 reference herein as Exhibit "A" including: site plans, floor plans, architectural elevations, landscaping on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office_ 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. 13 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 clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. 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 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. 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. 4. 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. 14 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load forwind in this area is 80 M.P_H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 5. "Separate permits are required for pool, spa, pond and tennis court" and shall be noted on plans. 6. A height survey may be required at completion of framing. 7. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 8. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system 15 e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 9. Verify adequate exit requirements. The distance between required exits shall be'/Z of the building diagonal. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. All balconies shall be designed for 601b. live load. 12. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 13. Indicate all easements on the site plan. 14. 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. 15. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 16. 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. 17. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 18. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 19. Specify location of tempered glass as required by code. 16 20. Specify 114"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 21. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Priorto the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 17 Mdress Large Trees Building M Page I of 1� http://gis/parcelview/Print/printview.aspx 9/4/2008 Street PavementV_Y Grod (86 loto Names Ol /I/ Large IA/ Pos{el - 551 Easements FaEod t0 10i ,*/ r7� (56 - 1p Private Str- Lot Numbers Large S_is .{11-251 Al ;-,rf�'Iwl. 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April 2004 IIII VIII VIII VIII VIII VIII IIIIIIIIIIIIIIIIIIIIIII I VIII IIIIII IIIIIIIIII EXPRESS MAIL i Post Office To Addressee l��ll EV 936612769 US UNITED STATES POSTAL SERVICE® 1• 1 • . • • • • • Time Employee Signature Delivery Attempt ❑ AM i• PO ZIP Cade Day of Delivery Postage ❑ PM 2na Del. Day ❑ Next 2nd P$ Mo. Day Employee Signature Delivery Attempt Time ❑ AM I Scheduled Date of Delivery Return Receipt Fee ❑ PM Date Accepted Month DaY $ Mo. Day Employee Signature Delivery Date Time El AM 1 Scheduled Time of Delivery COD Fee Insurance Fee Mo. Day Year $ $ ❑ PM Mo. 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No. TO: [PLEASE PRINT) PHONE i FROM: (PLEASE PRINT] PHONE( i r r = I i j J r Call 1-800-222-1811 n ff!O�RPICKUPORTRACKING: Visit WWW'USMS-COM o M II�IIIIIIII�InIIIIIIIIIIIVUIIInNllllllllllllllllluEV 87L470010 US Customer Copy Label 11-F, April 2004 10EXPRESS - MAIL UNITED STATES POSTAL SERVICE® Post OfficeTo Addressee ••IGIN (POSTAL SERVICE USE • •ELIVERY (POSTAL USE ONLY) PO 21P Code Day of DeliveryPostage Delivery Attempt Time ❑ AM Employee Signature I] Next I] 2nd I] 2M Del Day $ Mo. Da ❑ PM Label 11-F, April 2004 I IIIIIIIIIIIVIII IIIIIIIIIIIIIIIIIIIIIII Scheduled Date of Delivery Return Receipt Fee Delivery Attempt Time ❑ AM Employee Signature Data Accepted Month Day $ Mo. Day ❑ PM US Mo. Day Year Scheduled Time of Delivery ElN—❑ 3 PM COD Fee $ Insurance Fee $ Delivery Date o" Day Time ElAM ❑ PM Employee Signature Time Accepted El Am Military Total Postage 14ER OF SI GNA7URE(Oomestic Mail Onlyl Adtlttlonal merehantliselnsurancala Next LD2nd ❑ 2nd Del. 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No. a METHOD OF PAYMENT: `� ,r -. ... .. Postal service Acct. No. ', Express Mal Corporate A[:ct. No. TO: (PLEASE PRINT) PHONE .� FROM: [PLEASE PRINT) PHONE I 1 r r. - �-:. , „r 1 < C Call 1-800-222-1811 FOR PICKUP OR TRACKING: Visit WWW.USPS.COM or - Customer Copy Label 11-F, April 2004 I IIIIIIIIIIIVIII IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII 1111111 EXPRESS MAIL ee PostO fficeToAddress +� 11 EV 936612755 US UNITED STATES POSTAL SER VICE® • • • • a _. Delivery Attempt Time ❑ AM Employee Signature PO zip Code Day of Delivery Postage ❑ PM Next LD2nd ❑ 2nd Del. Dey $ Mo. Da Delivery. Attempt Time AM Employee Signature Scheduled Date of Delivery Return Receipt Fee ❑ PM Date Accepted Month Day $ Mo. Da Delivery Date Time ❑ AM Employee Signature II Scheduled Time of Delivery COD Fee Insurance Fee Mn. Day Year Time Accepted ❑AM ❑Noon ❑aPM $ $ Total PostageB Fees ❑ PM Mo:' Day .: "''wpryER OF SIGNATURE(Dameatte Meq Only)AtldNlotwl mercne Bleb craw aneeV, be made without oDiWnhq signa4ure Military voidHwaWer of signature Is regueeled.lw(eh delNery to or addressee's agent 11f delivery emDbyee Sea that a cde Pa It of severe, PM ❑ 2nd Dey ❑ and Day $ of addressee location) i,autnonzeeke delHe�ry aHmoiPiAaY �L e Flat Rate or weight I Int'( Alpha Country Code Acceptance Emp. Initials DELIand NO DELIVERY Weekend ' Oaawmar "+ A '� lbs, ozs. • • _ Federal Agency Acct. No. a METHOD OF PAYMENT: `� ,r -. ... .. Postal service Acct. No. ', Express Mal Corporate A[:ct. No. TO: (PLEASE PRINT) PHONE .� FROM: [PLEASE PRINT) PHONE I 1 r r. , „r 1 < C r � L _ L. CITY OF DIAMOND BAR,,; i-aw+v�n NOTICE OF PUBLIC MEETING pnentssa AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On September 9, 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 5, 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 8, 2008, at Diamond Bar, California. Stella Marquez Community Developrrient Department g:AAaffidavitposti ng. doc