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HomeMy WebLinkAbout10/14/2008FILE COPY PLANNING COMMISSION AGENDA October 14, 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 lI 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. DI�1JIOND BAR mirpr�l x ` 11— „v,,, „u,,, a,,,un,,,y, Gdur„y Uf i ne uiry or 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 se are available(09 8 giving 7030 btice at least three etween 7 30 a.m. andusiness days in advance of the 5:30 p.m., Monday through Thursday, and 7:301 a.m. telephone ( ) and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(a),ci diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, October 14, 2008 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2008-30 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Tony Torng, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. 3 a 5. 6. 7. 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 APPROVAL OF AGENDA: Chairman 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: OLD BUSINESS: None. NEW BUSINESS: None. PUBLIC HEARING(S): September 23, 2008. 7.1 Development Code Amendment No. 2008-01 - Under the authority of Chapter 22.70 of the City of Diamond Bar Development Code, this is a request to amend Table 2-6 of Section 22.10.030 to allow limited educational uses in the C-3, Regional Commercial, zoning district. Applicant: Eden Dongsan Investments, Inc. 3751 N. Hermosa Pl. Fullerton, CA 92835 OCTOBER 14, 2008 9. PAGE 2 PLANNING COMMISSION AGENDA Environmental Determination: The City has determined that this project is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15061(b)(3) of the CEQA Guidelines (No potential for causing a significant effect on the environment), therefore, no further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Code Amendment No. 2008-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2008-16 — Under the authority of Chapter 22.48 of the City of Diamond Bar Development Code, this is a request to construct three new decks/balconies totaling 3,960 square feet on the rear of an existing 5,881 square foot single family located in the Rural Residential (RR) zone. Project Address: 2637 Blaze Trail Property Owner: Dipak and Harshila Doshi 2637 Blaze Trail Diamond Bar, CA 91765 Applicant: S&W Development 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 from the provisions of CEQA, as prescribed under Article 19 Section 15301(e)(2) of the CEQA Guidelines (Existing Facilities). Therefore, no further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2008-16, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. OCTOBER 14, 2008 PAGE 3 10. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: PARKS AND RECREATION COMMISSION MEETING: PLANNING COMMISSION MEETING: HALL OF HORRORS HAUNTED HOUSE: FALL FUN FESTIVAL (Games, Prizes, Costumes) TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 11. ADJOURNMENT: PLANNING COMMISSION AGENDA Tuesday, October 21, 2008 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, October 23, 2008 Government Center/SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, October 28, 2008 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Friday, October 30 01, 2008 6:00 p.m. to 9:00 p.m., Heritage Park 2900 S. Brea Canyon Road Friday, October 31, 2008 4:30 p.m. — 8:30 p.m., Heritage Park 2900 S. Brea Canyon Road Thursday, November 13, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive �j; MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 23, 2008 CALL 'TO ORDER: Chairman Nelson called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Torng led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah, Vice Chairman Tony Torng, and Chairman Steve Nelson. Also present: Greg Gubman, Planning Manager; Planning Consultant, David Meyer; 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 September 9 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: NOES: ABSTAIN ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: 7. PUBLIC HEARING: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS None None Nolan, Shah, Lee, Chair/Nelson None VC/Torng None 7.1 Development Review No 20087-40 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 requested approval of plans SEPTEMBER 23, 2008 PAGE 2 Q DRi AFT PLANNING COMMISSION 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 Diamond Bar, CA 91765 PROPERTY OWNER: Dr. and Mrs. Lawrence Ogbechie 2366 Clear Creek Lane Diamond Bar, CA 91765 APPLICANT: Pete Volbeda, AIA 615 N. Benson Avenue, Unit "C" Upland, CA 91786 PC/Meyer presented staff's report and verbalized the inclusion of a condition not noted in the draft resolution that prohibits the use of invasive plant materials in the project landscape plan as identified by the California Invasive Plant Council. PC/Meyer recommended Planning Commission approval of Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11, based on the Findings of Fact, subject to the conditions of approval as listed within the resolution including the additional condition articulated. C/Shah asked for clarification about the number of garage spaces indicated on the drawing and PC/Meyer responded that it was intended to be a five -car garage and the indication of a four -car garage in the staff report was in error. VC/Torng asked why the columns on the garage were so small. PC/Meyer explained that it was what the architect designed it for. Apparently, the architect felt this design owners. The Building will check he plans for safety and the architect can speak to that issue. Chair/Nelson thanked PC/Meyer for including St ff s reportandicatesive s that ing requirement in the conditions of approval Pepper is a protected tree res PC/Meyeand he hsand the Code le Pepper ad b he Peppeeen r atl from the list of protected L IJRAFT SEPTEMBER 23, 2008 PAGE 3 PLANNING COMMISSION a protected tree. PC/Gubman reiterated that it is still in the Code. Chair/Nelson stated that the Pepper tree does not belong on the protected tree list. Chair/Nelson asked how visible the grading "fan" would be to neighbors. PC/Meyer responded that it would be visible only to wildlife in the undeveloped area. Retaining walls are required to have some architectural treatment and that they are screened with landscaping to obscure the mass of the walls. There were no ex parte disclosures. Chair/Nelson opened the Public Hearing Pete Volbeda, Project Architect, said that one of the reasons for the remodel was to improve the aesthetics of the home. Currently, there is a garage facing the street so the existing garage will be converted to bedrooms with more appropriate windows and turning the new garage to face an uphill area so that it will not be visible to adjacent neighbors and to the street. There is a five car garage and he has the option of using tube steel or 12 -inch wide steel Hardy frame to fit in the remaining one foot -eight inch wide walls. There will be onsite fill to create a larger rear yard area. The hill will be rebuilt to prevent further cracks in the pool. Mr. Volbeda responded to C/Lee that usually a single car garage width can be nine or 10 feet. In this case it will be 12 feet to provide additional maneuvering room. C/Lee said he was not comfortable with the design. Mr. Volbeda stated that the Hardy frames are good for about 2000 pounds of horizontal load. They are using four Hardy frames that provides 8000 allowable pounds on 12 -inch Hardy frames. C/Lee said he was concerned about the width of the column because it seemed too small to him. He suggested that the single car garage be swung around and shrink the size a little and spin the outside column a bit to allow for easier access. Mr. Volbeda said he would not mind making that change to get a little more width in the columns. Chair/Nelson closed the Public Hearing. C/Lee moved, C/Nolan seconded, to approve Development Review No. 2008-07-40 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 resolution with the addition of a condition to redesign the elevation for the SEPTEMBER 23, 2008 PAGE 4 G GRAFT PLANNING COMMISSION garage to widen out the panels between the garage doors, and a condition to avoid invasive plant materials. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, ChaiNOES: COMMISSIONERS: None None ABSENT: COMMISSIONERS: 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 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 almum required setbacks. The subject contains in 59,677 quare feet f land area property is zoned RR (4040,000 ) an (1.37 acres). PROJECT ADDRESS: 22727 Ridge Line Road Diamond Bar, CA 91765 PROPERTY OWNER: Mr. & Mrs. Shah 22727 Ridge Line Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda, AIA 615 N. Benson Avenue, Unit C Upland, CA 91786 PC/Meyer presented staffs report and recommended Planning Commission approval of Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10, based on Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Nelson opened the Public Hearing. Pete Volbeda, Project Architect, explained the project and reason for the 20 -foot setback request for the addition. SEPTEMBER 23, 2008 PAGE 5 Chair/Nelson closed the Public Hearing PLANNING COMMISSION C/Nolan moved, VC/Torng seconded, to approve Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10, based on Findings of Fact, and subject to the conditions of approval as listed within the resolution with the addition of a condition to use non-invasive plants. AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 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 requested approval of plans to construct a new 10,414 square foot three- story single family residence with an attached three -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 contains 53,040 square feet of land area (1.33 acres). PROJECT ADDRESS PROPERTY OWNER APPLICANT: 23540 Mirage Lane Diamond Bar, CA 91765 Mr. and Mrs. Tengly Tan 3080 East 29th Street Los Angeles, CA 90806 Simon Shum, AIA S&W Development, Inc. 20272 Carrey Road Walnut, CA 91789 PC/Meyer presented staff's report and recommended Planning Commission approval of 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 resolution. L DnAFT SEPTEMBER 23, 2008 PAGE 6 PLANNING COMMISSION PC/Meyer showed C/Nolan the location of the proposed side yard setback on the plan. Charoperty to the west of the ect ite was vacant and r/NelsonPC/Meyer asker res if the ondedpthat he believed the propertyJwasssur surrounded by and PC/Meyer resp development. There were no ex parte disclosures. Chair/Nelson opened the Public Hearing. Simon Shum, AIA, Project Architect, thanked PC/Meyer for his assistance with the project and explained the design concept for what he felt was an excellent project. Chair/Nelson asked Mr. Shum where he expected to relocate the protected Walnut trees. Mr. Shum pointed out the location on the plan drawing. Chair/Nelson felt it would be beneficial to the project if Mr. Shum would discuss with the owners about placing additional trees to help compensate for those trees that would someday become too big and would have to be eliminated possibly with a small grove of trees. He said he would certainly like to replace the Pepper trees with Black Walnuts but anything additional would be a significant gesture and major step toward retaining the natural resources of the City. C/Shah complimented Mr. Shum on a fine project. Chair/Nelson closed the Public Hearing. S/Shah moved, C/Nolan seconded, to 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 resolution with the addition of a condition to provide for installation/replacement of only non-invasive species within the landscape palate. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None G SAF T SEPTEMBER 23, 2008 PAGE 7 PLANNING COMMISSION 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah, C/Lee, C/Nolan and Chair/Nelson welcomed VC/Torng back to the Commission. VC/Torng said he thanked God for his making it through his operation. He thanked City Council, staff and his colleagues for the prayers, cards, emails and flowers. It has been a difficult journey and appreciated everyone's support because it helped him at a very difficult time. Chair/Nelson asked if staff could provide a staff report about the status of removing the California Pepper tree from the list of protected trees. PM/Gubman said it could be done as a housekeeping item when staff presents a list of items for correction to the Commission. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future proiects PM/Gubman welcomed VC/Torng back to the dais and said that in her absence, CDD/Fong extended her well wishes to VC/Torng. The NFL Stadium Supplemental Environmental Impact Report review time period is open. The City has posted the entire document on the City's website along with instructions for submitting comments to the City of Industry. Staff and consultants are scrutinizing the document and preparing detailed comments with special emphasis on the traffic section of the SEIR. PM/Gubman reported that the landscape project in the shopping center at the corner of Golden Springs and Brea Canyon Road resumed today. PM/Gubman stated that there is a large container for donation of clothing and shoes at the Park 'n Ride lot on Diamond Bar Boulevard close to the Sunset Crossing exit. Staff asked Caltrans to remove the eyesore and believe it will be removed by the end of next week. PM/Gubman indicated that the Development Code cleanup is on staff's list and will be presented to the Commission in the future. He asked the SEPTEMBER 23, 2008 PAGE 8 Q [) R ,SFT PLANNING COMMISSION Commissioners to forward their comments, questions and suggestions to him or CDD/Fong. PM/Gubman responded to t the bank that intended to locate at the Target parking lot area has backed C/Shah said he noticed that during the past couple of years the attendants at the Park'n Ride lot had extended their living quarters and wondered if there was a limit. PM/Gubman responded that the agreement between the City and Caltrans called for allowing two caretaker facilities to ensure coverage on a 24/7 basis. He said he would look into whether they were encroaching beyond the scope of the original agreement. 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 8:14 p.m. The foregoing minutes are hereby approved this 14th day of October, 2008. Attest: Respectfully Submitted, Greg Gubman, Planning Manager 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: October 14, 2008 CASE'FILE NUMBER: Development Code Amendment 2008-01 PROJECT LOCATION: 20657 Golden Springs Diamond Bar, CA 91765 APPLICATION REQUEST: Code amendment to allow educational uses in the C-2 commercial zone. PROPERTY OWNERS: Eden Dongsan Investments Inc. 3751 N. Hermosa PI. Fullerton, CA 92835 APPLICANTS: Eugene Kim Eden Dongsan Investments Inc. 3751 N. Hermosa PI. Fullerton, CA 92835 STAFF RECOMMENDATION: Adopt the attached resolution recommending the City Council adopt Development Code Amendment2008-01. BACKGROUND: This proposed amendment to the Diamond Bar Development Code was initiated by the owners of the new two-story office/retail building at Golden Springs and Banning Way to allow limited educational uses in the C-3, Regional Commercial, zoning district. Presently, educational uses such as tutoring, art schools, music instruction, martial arts studios, etc., are prohibited in the C-3 zone. The proposed amendment would allow for such businesses as primary uses on the upper floors of buildings on C-3 zoned properties, and as ancillary uses to permitted businesses on the first stories of these buildings. The proposed amendment further requires such uses be subject to approval of a Conditional Use Permit to ensure that parking and compatibility issues are fully addressed. ANALYSIS: A. Review Authority (Chapter 22.701 According to Development Code Section 22.70 public hearings are required before the Planning Commission and City Council for proposed development code amendments. The Planning Commission is required to make a recommendation to the City Council on whether to approve, approve in modified form, or disapprove the proposed amendment. Development Code Amendments are legislative actions subject to approval by the City Council through the adoption of ordinances. B. Proposed Code Amendment The C-3 (regional commercial) zoning designation is applied to areas appropriate for large-scale commercial uses serving residents and businesses within the region. The C-3 designation is intended to provide a broader range of goods and services than the C-1 and C-2 zones, which are primarily intended to serve the needs of Diamond Bar residents. Higher traffic volumes are usually associated with C-3 zoned properties, which provide the opportunity for these sites to attract sales tax revenue -generating uses. Educational uses are not permitted in the C-3 zoning district because they are not generally considered regional uses. The proposed Code Amendment would allow for the consideration of educational uses in the C-3 zone under the following circumstances: • Educational classesitraining programs as the primary use (e.g. vocational school, computer training classes, etc.) shall be limited to the second floor and above. • Ancillary classes in conjunction with a permitted use on the first floor (e.g., music instruction at a musical instrument retail store) shall be limited to 15% of the gross leasable area occupied by a singe tenant, or 750 square feet, whichever is less. The proposed code amendment requires the establishment of educational uses in the C-3 zoning district to be subject to approval of a Conditional Use Permit (CUP). Page 2 DCA 2008-01 CUPs are already required for educational uses in the C-1, C-2 and I zones to enable the City to apply additional regulations to these uses in order to ensure that parking and compatibility issues area property addressed. Table 2-6 from Title 22 of the Diamond Bar Municipal Code has been amended to reflect the change in permitted uses, and is attached for reference. C. Citvwide Effect of Proposed Amendment A total of 20 properties in the City are currently zoned C-3, and will be subject to the proposed Development Code Amendment. The code amendment will positively impact current properties by providing the opportunity for multiple story buildings to expand the types of uses that can locate on the second floor and above. Upper floor retail spaces are commonly used as offices and other uses that draw a limited regional customer base. Permitting educational uses will allow property owners to expand their leasing options on upper floors, while maintaining the retail emphasis at the first floor, and thus preserving the intent of the C-3 zone. Allowing limited educational uses in the first floor, when appropriate, could enhance the retail components of these businesses. The properties in the City that are zoned C-3 are listed below: APN# I Address/Location Business Single StoLy.Buildin s 8281-024-052 150 S. Diamond Bar Blvd. Chevron Gas Station 8281-010-049 206 S. Diamond Bar Blvd. Shell Gas Station 8281-010-050 218 S. Diamond Bar Blvd. 8281-010-051 240 S. Diamond Bar Blvd Von's Center 8281-010-054 300 S. Diamond Bar Blvd. Mobil Gas Station 8281-010-057 8281-010-058 324 S. Diamond Bar Blvd. Save On Center 8763-007-003 20655 Golden Springs Drive Strip Mall 8763-007-027 21095 Golden Springs Drive Chevron/McDonalds 8673-007-028 8763-007-010 20955 Golden Springs Drive Coco's Restaurant 8673-007-011 8673-007-012 20965 Golden Springs Drive Jack in the Box 8763-007-013 8763-007-008 20885 Golden Springs Drive Office Building 8763-007-025 20801 G01der S rin s Drive LA Fitness Two-StoBuildin s 8763-007-022 20657 Golden Springs Drive Golden Plaza 8763-007-001 8763-007-004 20709 Golden Springs Drive Office Buildin 8763-007-026 20855 G01den S rin s Drive Office Building Page 3 DCA 2008-01 NOTICE OF PUBLIC HEARING: Public hearing notice was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15061(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment), therefore, no further environmental review is required. RECOMMENDATION: Staff recommends that gdment No. 2008-01 tto the Citytion Counc recommending approval of DevelopmentCode Ame Prepared by: "Kathe Laufenbu er Senior Planner Attachments: Reviewed by Greg Gubman, AICP Acting Community Development Director 1. Draft Resolution of Approval 2. Exhibit "A" — Amended Code Section 22.10.030 Table 2-6 Page 4 DCA 2008-01 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT NO. 2008-01 AMENDING TABLE 2-6 OF SECTION 22.10.030. A. RECITALS 1. On October 3, 2008, notice for this application was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation. On October 3, 2008, the City placed a one-eighth page display advertisement in the above mentioned newspapers of general circulation. All persons wishing to testify at the public hearing in connection with said amendment were heard, and said amendment was studied; and 2. On October 14, 2008, the Planning Commission held a duly noticed public hearing on the proposed amendment to the Diamond Bar Development Code; and 3. The Director of Community Development has determined that the proposed code amendment does not have the potential for causing a significant effect on the environment as outlined in Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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 Application identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3) of the California Code Of Regulations and guidelines promulgated there under, is exempt and further environmental review is not required. 3. Based on the findings and conclusions set forth above, the Planning ty ncil pt Commission hereby commenmendmentd Noah 2008 01 attachedhat the heretoheretodoas Development Code A Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADO HETED THIS 14th DAY OF CITY OF DIAMOND BAR.CTOBER 2008, BY THE PLANNING COMMISSION OF BY: Steve Nelson, Chairman I, Greg Gubman, 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 14th day of October, 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 2 Development Code Amendment No. 2006-01 § 22.10.030 DIAMOND BAR, CODE KEY TO PERMIT REQUIREMENTS Symbol Permit Requirement by Procedure is in Chapter P District hemical product manufacturing required (2) 22.46 MUP See Standards _ LAND USE 1 OP OB iii 22.56 Section, Conditional use, conditional use P permit required 22.58 Radio and television antennas and wireless Use not Allowed (see section 2.42.130 elecommunications antenna facilities (3) not listed) Utility lines P P KEY TO PERMIT REQUIREMENTS Symbol Permit Requirement Procedure is in Chapter P Permitted use, zoning clearance hemical product manufacturing required (2) 22.46 MUP Conditional use, minor condi- P ional use permit required (2) 22.56 CUP Conditional use, conditional use P permit required 22.58 Use not Allowed (see section 2.04.020(h) regarding uses not listed) Notes. (1) See article W for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for all uses. (3) Radio and television antennas and wireless telecommunications antenna facilities shall be permitted pursuant to the standards contained within. Ordinance No. 04(1999). (4) Use allowed only when accessory to an office use. (5) Shall be a minimum of 150 feet from any school. TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMM ERCIALAINDUSTRIAL ZONING DISTRICTS Supp. No. 14, Rev CD22:1 Permit Requirement by District LAND USE (1) C-1 MANUFACTURING & PROCESSING See Standards C-2 C-3 l h Section: hemical product manufacturing CUP Electronics, appliance, and equipment manufacturing P Fabric product manufacturing P Food and beverage manufacturing P Supp. No. 14, Rev CD22:1 DEVELOPMENT CODE Permit Requ LAND USE (1) C-1 C-2 miture and fixtures manufacturing, binet shops CUP ass product manufacturing andcraft industries sundry and dry cleaning plants ember and wood product CUP anufacturing UP etal products fabrication, CUP iachine/welding shops aper product manufacturing lastics and rubber product CUP ianufacturing 'rinting and publishing P tecycling-Reverse vending machines tecycling-Small collection facility P tesearch and development (R&D) See Small scale manufacturing Warehousing, wholesaling, and distribution & PUBLIC ASSEMBLY USES RECREATION, EDUCATION Adult oriented businesses Clubs, lodges, and private meeting CUP halls Community/cultural centers Computer services/network gaming CUP centers P ultural facilities, libraries and P museums F CUP C-3 CUP CUP CUP P by District jSee Standards 1p 'n Section: P He It fitn s^^ lines CUP Indoor amusement/entertainment CUP facilities CUP Outdoor recreation UP CUP CUP Religious places of worship Schools -Private CUP CUP Schools -Public P P chools-Specializededucation and, CUP CUP See Supp. No. 14, Rev CD22:2 P X22.42.020 CUP § 22.10.030 DIAMOND BAR, CODE lectric only Furniture, furnishings, and appliance tores General retail stores rocery stores Mobile: home and recreational vehicle ales Outdoor retail sales and activities Pet shops Plant nurseries and garden supply tores Restaurants Restaurants with outdoor dining Retail sales econd hand stores ervice: stations hopping center arehouse retail stores ERVICE USES mbulance services P P P UP P P r P P P P P P P P UP r- .42.080 CUP 2.16.070, _ 2.42.080 P P p CUP CUP CUP P —P-7— p Supp. No. 14, Rev CD22:3 Permit Requirement by District LAND USE 1 C-1 C-2 C-3 See Standards Section: tudios — Photograph, portrait, etc CUP CUP heaters, auditoriums, meeting halls CUP CUP RETAIL TRADE USES Icoholic beverage sales, off-site (3) P P p Icoholic beverage sales, off-site, in onjunction the sale of motor uel (3) CUP CUP CUP Icoholic beverage sales, on-site MUP MUP MUP rt, antique, collectable and gift sales P P p uto and vehicle sales/rental CUP uto parts sales P P uto sales, indoor only P Bakery, retail P P P Bars and night clubs CUP CUP CUP Building material stores P Certified farmers markets P onvenience stores P P P P Drive-in and drive-through sales Pialinri efnfinnc CUP o CUP n ---&u-P lectric only Furniture, furnishings, and appliance tores General retail stores rocery stores Mobile: home and recreational vehicle ales Outdoor retail sales and activities Pet shops Plant nurseries and garden supply tores Restaurants Restaurants with outdoor dining Retail sales econd hand stores ervice: stations hopping center arehouse retail stores ERVICE USES mbulance services P P P UP P P r P P P P P P P P UP r- .42.080 CUP 2.16.070, _ 2.42.080 P P p CUP CUP CUP P —P-7— p Supp. No. 14, Rev CD22:3 § 22.10.030 DIAMOND BAR, CODE Supp. No. 14 CD22:4 Permit Requirement by District ee Standards LAND USE (1) C-1 C-2 C-3 in Section: omated teller machines (ATMs) P P P Bks and financial services p P P J and breakfast inns CUP CUP siness support services P P P CUP CUP r wash CUP CUP CUP 2.42.040 ild day care centers CUP CUP CUP 2.42.050 ve in and drive-through services rental (construction CUP CUP CUP uipment uipment, etc.) ,tels and motels P p P ;dical services -Clinics and labs P P P sdical services -Hospitals CUP CUP CUP fir -Accessory to primary uses P P P fices-Business and professional P P P srsonal services P CUP P CUP P CUP — arsonal services -Acupressure, assage therapy, tattoo parlors sychic reader P P P P P P ublic safety facilities P P P P ublic utility facilities P P .epair services P P P P ervice stations P p 2.42.090 storage, outdoor P P storage, indoor P P P (ehicle services-Maintenance/minor epairs CUP P /ehicle services -Major repair/body vork CUP P Jeterinary clinics and animal hospitals & COMMUNICATIONS USES TRANSPORTATION CUP Heliports CUP CUP Parking 2.42.130 Radio and television antennas and wireless telecommunication antenna acilities ransit stations and terminals P P P P P Utility lines CUP CUP ehicle and freight terminals Supp. No. 14 CD22:4 Ll § 22.10.030 DIAMOND BAR, CODE KEY TO PERMIT REQUIREMENTS Symbol Permit Requirement Procedure is in Chapter P Permitted use, zoning clearance 22.46 required (2) MUP onditional use, minor 22.56 onditional use permit required CUP Conditional use, conditional 22.58 use permit required (2) Use not allowed (see section 2.04.020(h) regarding uses not fisted) Notes: (1) See article VI for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for all uses. (3) Shall be a minimum of 150 feet from any school. (4) Radio and television antennas and wireless telecommunications antenna facilities; shall be permitted pursuant to the standards contained within Ordinance No. 04(1999). :he second i permitted ccupied by (Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(1999), § 2, 3-2-99; Ord, No. 02(2000), 4-4-00; Ord. No. 02(2001), § 3, 11-6-01; Ord. No. 06(2002), §§ 1, 2, 5-7-02; Ord. No. 07(2003), 12-2-03; Ord. No. 04(2005), § B, 3-15-05) Sec. 22.10.040. Commercial/industrial district general development standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2- 7, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (Site Planning and General Development Standards). TABLE 2-7 COMM ERCIAUINDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Requirement by Zoning District Development Feature OPI OB (4) CO imam lot area (1) 6,000 sQ.ft. Supp. No. 14 CD22 : 5 required Minimum setbacks required for structures. see section 22.16.090 for etback measurement, allowed projections into setbacks, and Xreotions to setbacks. See chapter 22.30 for required parking CD22:6 No. 14 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: October 14, 2008 CASE /FILE NUMBER: Development Review No. 2008-16 PROJECT LOCATION: 2637 Blaze Trail Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of development plans to construct three new decks/balconies totaling 3,960 square feet on the rear of an existing 5,881 square foot single family residence. PROPERTY OWNERS: Dipak and Harshila Doshi 2637 Blaze Trial Diamond Bar, CA 91765 APPLICANTS: S&W Development 20272 Carrey Rd. Walnut, CA 91789 STAFF RECOMMENDATION: Conditional Approval B. Site and Surrounding General Plan Zoning and Uses C. Development Review 1. Residential District General Development Standards: The following Table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (20,000) Zone: Development General Plan Existing Zone District Development Code Standards Land Use Site Rural Residential R-1 20,000 RR Residential North Rural Residential R-1 20,000 RR Residential South Rural Residential R-1 20,000 RR Vacant East Rural Residential R-1 20,000 RR Residential West Rural Residential R-1 20,000 RR Residential C. Development Review 1. Residential District General Development Standards: The following Table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (20,000) Zone: Development Rural Residential Feature Development Proposed Meets Standards Requirements Side yard minimum between adjoining 25 feet (north side) Yes structures 55 feet (south side) Rear setback 20 feet Over 100 feet Yes Retaining Wall Maximum height of 4 feet at 4 feet building pad Yes Extension of Deck over top of slope 6 feet 6 feet Yes Height of Deck over a 3 feet slope 3 feet Yes Side setbacks for 5 feet 14 feet (north side yard) decks 55 feet (south side yard) 2. Architectural Design: The addition to the existing deck and new balconies are contemporary in design with glass railings and a barrel roof above the uppermost level balcony. Each new balcony will have a six foot area that cantilevers over the below balcony/deck. The new additions will not affect the front elevation or be visible to the public right-of-way. D. 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 deck and balconies are compatible with the existing residence and surrounding community. Page 3 DR 2006-16 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2008-16 FOR THE REQUEST TO CONSTRUCT THREE NEW DECKS/BALCONIES TO THE REAR OF AN EXISITNG SINGLE-FAMILY RESIDENCE LOCATED AT 2637 BLAZE TRAIL (8713-028-027) A. RECITALS 1. The Planning Commission considered an application filed by S&W Development, on behalf of the property owners, Dipak and Harshila Doshi, requesting approval of plans to construct a new three decks/balconies totaling 3,960 square feet to the rear of the existing single family residence at 2637 Blaze Trail. 2. The subject property is zoned R-1(20,000) and it contains 44,400 square feet (1.02 acres) of gross 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 145, Tract 30578, and the Assessor's Parcel Number is (APN) 871-028-027. 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 October 14, 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 finds that the Resolution is categorically exempt from the Environmental Quality Act (CEQA), under Artic Exemptions under Class 1 include the constri facilities. Furthermore, the categorical exeml judgment of the City of Diamond Bar. project identified above in this provisions of the California e 19 Section 15301 Class 1. ction of additions to existing tion reflects the independent pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planninq Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public (2) The maximum exposed face of any retaining wall shall not exceed four 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. b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant, S&W Development, 20272 Carrey Road, Walnut, CA 91789 and the property owners Dipak and Harshila Doshi, 2637 Blaze Trail, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 14TH DAY OF OCTOBER 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Greg Gubman, 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 14 thday of October 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 3 Development Review No. 2008-16 Efi DI HIND BAR 11) COMMUNITY DEVELOPMENT-.- f �i STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: DR 2008-16 SUBJECT: DeckIBalconV Addition PROPERTY Dipak and Harshila Doshi OWNER: 2637 Blaze Trail Diamond Bar, CA 91765 APPLICANT: S& W Development 20272 Carrey Road Walnut, CA 91789 LOCATION: 2637 Blaze Trail, Diamond Bar CA 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. 2008-16 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. 4 Development Review No. 2008-16 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. 2008-16 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 and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to the issuance of City permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition. 2. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 3. The project landscape plan shall avoid the use of invasive plant material as identified by the California Invasive Plant Council. A complete list of the plant material to be avoided can be found at the following email address: www.cal- ipc.org. 4. Retaining walls for the proposed deck shall not exceed an exposed height of four (4) feet as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stack stone, etc.) 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 6 Development Review No. 2008-16 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 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. 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. 9. 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. 10. 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. 11. 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 (Not Required) G. TRAFFIC MITIGATIONS (Not Required) 111 Development Review No. 2008-16 7. Please submit a total of seven full set plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 8- Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 9. All balconies shall be designed for 601b. live load. 10. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 11. Indicate all easements on the site plan. 12. 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. 13. All retaining walls shall be submitted to the Building & Safety and Public Works Departments for review and approval. 14. Submit grading plans showing clearly all finished elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 15. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 16. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 17. Specify location of tempered glass as required by code. 18. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) END 10 Development Review No. 2008-16 k.A* �t 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: October 14, 2008 CASE/FILE NUMBER: Development Review No. 2008-16 PROJECT LOCATION: 2637 Blaze Trail Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of development plans to construct three new decks/balconies totaling 3,960 square feet on the rear of an existing 5,881 square foot single family residence. PROPERTY OWNERS: Dipak and Harshila Doshi 2637 Blaze Trial Diamond Bar, CA 91765 APPLICANTS: S&W Development 20272 Carrey Rd. Walnut, CA 91789 STAFF RECOMMENDATION: Conditional Approval BACKGROUND: A. Site Description: The site is located in the Diamond Bar Country Estates ("The Country") and fronts on Blaze Trail, which is a fully improved private street. The property was developed in 1988 under Los Angeles County standards with a 5,881 square foot multiple story, single family residence on a 44,400 square foot parcel of land on a descending slope. The site is legally described as Lot 145 of Tract No. 30578, and the Assessor's Parcel Number is 8713-028-027. B. Project Description: The applicant is requesting approval of development plans for the construction of one new deck and two balconies totaling 3,960 to the rear of the existing residence. The new additions will provide outdoor living area as follows: ■ A 905 square foot balcony at the ground floor (top tier on the rear elevation); ■ A 1,263 square foot balcony at the basement, (second tier on the rear elevation); and ■ A 792 square foot deck that steps down 6 feet from the existing pool deck. ANALYSIS: A. Review Authority (Chapter 22.48) Ground floor/top tier Basement/ Second tier New deck stepped down from pool deck The construction of a residential project on a descending slope requires Planning Commission approval of a Development Review application. Page 2 DR 2008-16 B. Site and Surrounding General Plan, Zoninq and Uses C. Development Review 11. Residential District General Development Standards: The following Table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (20,000) Zone: Development General Plan Existing Zone District Development Code Standards Land Use Site Rural Residential R-1 20,000 RR Residential North Rural Residential R-1 20,000 RR Residential South Rural Residential R-1 20,000 RR Vacant E=ast Rural Residential R-1 20,000 RR Residential West Rural Residential R-1 20,000 RR Residential C. Development Review 11. Residential District General Development Standards: The following Table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (20,000) Zone: Development Rural Residential Meets Feature Development Proposed Requirements Standards Side yard minimum (north side) between adjoining 25 feet 55 feet (south side) Yes structures Rear setback 20 feet Over 100 feet Yes Retaining Wall Maximum height of 4 feet at 4 feet Yes building pad Extension of Deck 6 feet 6 feet Yes over top of slope Height of Deck over a 3 feet 3 feet Yes slope Side setbacks for 5 feet 14 feet (north side yard) decks 55 feet (south side yard) 2. Architectural Design: The addition to the existing deck and new balconies are contemporary in design with glass railings and a barrel roof above the uppermost level balcony. Each new balcony will have a six foot area that cantilevers over the below balcony/deck. The new additions will not affect the front elevation or be visible to the public right-of-way. D. 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 deck and balconies are compatible with the existing residence and surrounding community. Page 3 DR 2008-16 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 the 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: 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 from the provisions of CEQA, as set forth under Article 19 Section 15301(e)(2) (Existing Facilities) of the CEQA Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution approving Development Review No. 2008-16 based on the findings set forth under Section 22.48.040 of the Development Code, subject to conditions. Prepared by: Reviewed by Katherine Lau u er reg Gu man, AICP Senior Planner Acting Community Development Director Attachments: Aerial Photo Draft Resolution of Approval Exhibit "A" — site plan, floor plan, elevation sections, Page 4 DR 2008-16 A. 91 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY DEVELOPMENT REVIEW NO. 2008-16 FOR THE CONSTRUCT THREE NEW DECKS/BALCONIES TO THE EXISITNG SINGLE-FAMILY RESIDENCE LOCATED AT 263 (8713-028-027) RECITALS THE CITY OF APPROVING REQUEST TO REAR OF AN r BLAZE TRAIL 1. The Planning Commission considered an application filed by S&W Development, on behalf of the property owners, Dipak and Harshila Doshi, requesting approval of plans to construct a new three decks/balconies totaling 3,960 square feet to the rear of the existing single family residence at 2637 Blaze Trail. 2. The subject property is zoned R-1(20,000) and it contains 44,400 square feet (1.02 acres) of gross 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 145, Tract 30578, and the Assessor's Parcel Number is (APN) 871-028-027. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and the Inland Valles 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 October 14, 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. 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 finds that the project identified above in this Resolution is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Article 19 Section 15301 Class 1. Exemptions under Class 1 include the construction of additions to existing facilities. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 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 deck/balcony addition 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 dwelling units. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a designed and developed residential estate neighborhood. The proposed additions will not interfere with the use and enjoyment of neighboring development as the addition will be constructed on an existing residence which has been a part of the neighborhood since 1988. 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 deck and balconies are consistent with the goals and objectives of the long-range planning policy documents adopted by the City of Diamond Bar. The proposed project is an addition to the rear of an existing single family residence, therefore, will not have an impact on 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 additions design and use of construction material are consistent with the existing materials of the residence and will be located on the rear of the residence, therefore, will have no aesthetic impact on surrounding properties. 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 addition is consistent with the anticipated development 2 Development Review No. 2008-16 pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public (2) The maximum exposed face of any retaining wall shall not exceed four 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. b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant, S&W Development, 20272 Carrey Road, Walnut, CA 91789 and the property owners Dipak and Harshila Doshi, 2637 Blaze Trail, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 14TH DAY OF OCTOBER 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Greg Gubman, 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 14th day of October 2008, by the following vote: AYES: Commissioners.- NOES: ommissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 3 Development Review No. 2008-16 DI BION BAR IQ COMMUNITYDEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: DR 2008-16 SUBJECT: Deck/Balcony Addition PROPERTY Dipak and Harshila Doshi OWNER: 2637 Blaze Trail Diamond Bar, CA 91765 APPLICANT: S& W Development 20272 Carrey Road Walnut, CA 91789 LOCATION: 2637 Blaze Trail, Diamond Bar, CA 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. 2008-16 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. 4 Development Review No. 2008-16 (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. 2008-16, 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 individuals and businesses associated with this project shall obtain a Diamond Bar Business License, and those businesses located in Diamond Bar shall obtain zoning approval. 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 any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 8. Site, grading, roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, building, etc.,) or approved use has commenced, whichever comes first. 9. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 10. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required 5 Development Review No. 2008-16 shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. 2008-16 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 and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to the issuance of City permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition. 2. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 3. The project landscape plan shall avoid the use of invasive plant material as identified by the California Invasive Plant Council. A complete list of the plant material to be avoided can be found at the following email address: www.cal- ipc.org. 4. Retaining walls for the proposed deck shall not exceed an exposed height of four (4) feet as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stack stone, etc.) 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 6 Development Review No. 2008-16 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. 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. geotechnical report prepared by a State of California, shall be submitted 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. 7 Development Review No. 2008-16 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 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. 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. 9. 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. 10. 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. 11. 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 (Not Required) G. TRAFFIC MITIGATIONS (Not Required) 8 Development Review No. 2008-16 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 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. 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. 4. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 5. A height survey may be required at completion of framing. 6. 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) 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 Avenue Walnut, CA 91789 (909)595-1261 Prior to Building Permit issuance, Pomona School District fees must be paid. Please submit a full set of plans to the school district and pay appropriate fees. Pomona School District 800 S. Garey Avenue Pomona, CA 91766 9 Development Review No. 2008-16 7. Please submit a total of seven full set plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 8. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 9. All balconies shall be designed for 601b. live load. 10. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 11. Indicate all easements on the site plan. 12. 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. 13. All retaining walls shall be submitted to the Building & Safety and Public Works Departments for review and approval. 14. Submit grading plans showing clearly all finished elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 15. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 16. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 17.. Specify location of tempered glass as required by code. 18. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) END 10 Development Review No. 2008-16 Development Review No. 2008-16 Doshi Residence 2637 Blaze Trail „37 = gfo f g in I I ( m I x IA �z m� �N m m z DA A D ' PROPERTY L-I—NE mCopNZ0z PROPZ_ -- T I I cn _ I I I I I I I I I I I I la�� I I I m I l a -------r -- X I I S K M d w ? L I 8 $ 8 8 8 I i z 0 y p I NI �0 g _ --I x9 V l .... 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No. j FROM: (PLEASEPRINT) (� ,' TO: PHONE( =%)(d (PLEASE PRINT) PHONE ( 1 r r . ., : � J _ J L J CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On October 14, 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 October 10, 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 October 10, 2008, at Diamond Bar, California. Stella Marquez Community De opment Department g:\\affidavi'tposting.doc