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HomeMy WebLinkAbout02/10/2009F/LE COPY PLANNING COMMISSION AGENDA February 10, 2009 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. 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(c-b-ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, February 10, 2009 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2009-03 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 recordina 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: January 27, 2009. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None, 7. PUBLIC HEARING(S): 7.1 Development Review No. 2007-25 - Under the authority of Diamond Bar Development Code Section 22.48, the applicant is requesting approval to construct a three-story, 9,513 square -foot single family residence with an attached 1,802 square foot garage on an existing 1.06 acre Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR). Project Address: 2706 Indian Creek (Tract 23483, Lot 102 APN 8713-036-018) FEBRUARY 10, 2009 PAGE 2 PLANNING COMMISSION AGENDA Property Owner: Basant Bhatia 17753 Via San Jose Rowland Heights, CA 91748 Applicant: Pete Volbeda 615 E. Benson Ave. Unit C Upland, CA 91786 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15303(a) (New Construction of one single-family residence) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2007-25, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 One -Year Time Extension for Vesting Tentative Tract Map 53430, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 — Under the authority of DBMC Sections 21.20.050, the applicant has submitted a request for an extension of time to file the Final Map for Tentative Tract Map 53430. The tentative tract map was approved on February 21, 2006, with a three (3) year time period to record the final map. On July 15, 2008, Senate Bill 1185 went into effect and automatically extended the expiration date on existing vesting tentative maps for twelve additional (12) months past their expiration dates. The projected filing of the final map may be delayed beyond this 4 -year approval period. The time extension will provide an additional year, until February 21, 2011, for the applicant to file the final map. Project Address: Directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane, APN NOS. 8713-023-002, 8713-023-004, 8713-023-005, 8713-024-001 AND 8713- 024-002 Property Owner: Millennium Diamond Road Partners, LLC 3731 Wilshire Blvd., Suite 850 Los Angeles, CA 90010 FEBRUARY 10, 2009 8. 9. PAGE 3 PLANNING COMMISSION AGENDA Applicant: Charlie C. Liu Focus Engineering 25 Mauchly, Suite 317 Irvine, CA 92618 Environmental Determination: An Environmental Impact Report (EIR) was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). The EIR (SCH #2003051102) was certified on February 21, 2006, by the Diamond Bar City Council. No further environmental review is required to extend the tentative map expiration date. Recommendation: Staff recommends that the Planning Commission continue this matter to February 24, 2009, so that additional noticing can take place that includes entitlements associated with Tentative Tract Map 54340. The original noticing to property owners and the published legal notices did not include the extension of time request associated with the Conditional Use Permit, Variance and Tree Permit approved in conjunction with the Tentative Tract Map. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Planners Institute - March 25-27, 2009 — Anaheim, California 9.2 Public Hearing dates for future projects: 10. SCHEDULE OF FUTURE EVENTS: PRESIDENTS' DAY HOLIDAY: CITY COUNCIL MEETING: HOUSEHOLD HAZARDOUS AND E -WASTE ROUNDUP: February 16, 2009 — City offices will be closed in observance of Presidents' Day. City offices will re -open Tuesday, February 17, 2009. Tuesday, February 17, 2009 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Saturday, February 21, 2009 9:00 a.m. — 3:00 p.m., Gateway Corporate Center, 1300 Bridge Gate Drive Diamond Bar, CA FEBRUARY 10, 2009 PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 11. ADJOURNMENT: PAGE 4 PLANNING COMMISSION AGENDA Tuesday, February 24, 2009 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, February 26, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Thursday, March 12, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 27, 2009 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:04 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. 2. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Vice Chairman Tony Torng, Chairman Steve Nelson. Absent: Commissioner Jack Shah. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger, Senior Planner; and Stella Marquez, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of January 13, 2009. C/Lee moved, C/Nolan seconded to approve Consent Calendar Item 4.1 as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 5. OLD BUSINESS: None 6. NEW BUSINESS: None JANUARY 27, 2009 PAGE 2 7. PUBLIC HEARING: 2DRAFT PLANNING COMMISSION 7.1 Conditonal Use Permit No. 2008-04 and Development Review No. 2008-23 — Under the authority of Diamond Bar Municipal Code (DBMC) Sections 22.42.130, 22.48 and 22.58, Verizon Wireless submitted a request to establish a freestanding wireless telecommunications facility on the site of Walnut Valley Water District's Eastgate Reservoir. PROJECT ADDDRESS: PROPERTY OWNER: Walnut Valley Water District Eastgate Reservoir (Lot 14, APN 8701-006-900) Walnut Valley Water District 271 Brea Canyon Road Walnut, CA 91789 APPLICANT: Verizon Wireless 15505 Sand Canyon Ave, Bldg D 1St Flr Irvine, CA 92618 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2008-04 and Development Review No. 2008-23 based on Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Nelson asked if the tree was placed inside the enclosure and was not visible from the bottom looking up to which SP/Laufenburger responded affirmatively. She said there was a sufficient amount of existing vegetation on the site and the enclosure would not be visible, which was the reason staff was not concerned about conditioning the product for an all block wall enclosure. There are two existing towers at the site. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Michelle Felton, Corp Communications, Brea, representing Verizon Wireless, asked for Planning Commission approval to provide better coverage due to increased demand and expectation. At the request of C/Nolan, Ms. Felton showed the location and view of the facility and current and proposed coverage maps. JANUARY 27, 2009 PAGE 3 PLANNING COMMISSION C/Lee asked the terms and conditions of the lease. SP/Laufenburger explained that the Walnut Valley Water District holds the lease and Diamond Bar is not privy to the terms of the lease agreement. Ms. Felton explained that the terms of the lease are being negotiated at this time. On average a lease runs five to ten years. Chair/Nelson closed the public hearing. C/Nolan moved, VC/Torng seconded to approve Conditional Use Permit No. 2008-04 and Development Review No. 2008-23, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, VC/Torng, Lee, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah Chair/Nelson commended staff and the applicant for the visual simulation and the example of the project because he and his colleagues greatly appreciate the opportunity to actually see what is proposed as opposed to an architect's rendering. 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan asked if staff had a sufficient number of volunteers to conduct the homeless counttomorrow nighttowhich ACDD/Gubman responded thatthere were more than enough volunteers. VC/Torng wished everyone a Happy New Year. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 9.2 Update on Massage Regulations: ACDD/Gubman stated that after researching the matter of Massage Parlors and consulting with the City Attorney, staff concluded that by using current statutes the process could be made less onerous for certain businesses that wanted to add a message technician. He spoke about the business licensing process, upcoming legislation and zoning requirements to illustrate his conclusion that a Conditional Use Permit may not be required under certain DRAFT JANUARY 27, 2009 PAGE 4 PLANNING COMMISSION circumstances when message therapy is considered ancillary to the primary business conducted on the premises (e.g., hair salons/doctor's offices/ chiropractic offices). 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:34 p.m. The foregoing minutes are hereby approved this 10th day of February, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Steve Nelson, Chairman PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—PAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: February 10, 2009 CASE/FILE NUMBER: Development Review No. 2007-25 PROJECT LOCATION: 2706 Indian Creek Road Diamond Bar, CA 91765 APPLICATION REQUEST: Approval to construct a three-story, 9,513 square -foot single family residence with an attached 1,802 square foot garage on an existing 1.18 acre Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR). PROPERTY OWNERS: Basant Bhatia 17753'Via San Jose Rowland Heights, CA 91748-4168 APPLICANTS: Pete Volbeda 180 N. Benson Avenue Suite D Upland, CA 91786 STAFF RECOMMENDATION: Approval with Conditions BACKGROUND: A. Site Description: The site is located in the Diamond Bar "Country Estates" and fronts on Indian Creek Road, which is a fully improved private street. The property is located near the end of the street and is a rectangular shaped vacant lot containing 1.18 gross acres (51,401 sq. ft.) of land area. The site is legally described as Lot 102 of Tract No. 23483, and the Assessor Parcel Number is 8713-036-018. B. Project Description: The applicant requests approval to construct a three-story, 9,513 square -foot single family residence with an attached 1,802 square -foot garage on an existing 1.18 acre parcel. The proposed dwelling unit contains six bedrooms and seven bathrooms. The applicant indicated that upon approval of the proposed project, the plans will then be submitted to the Diamond Bar Country Estates Homeowners Association for review and consideration. The applicant submitted an arborist report that indicates the existence of one multi - trunk Black Walnut Tree described in the report as "EXTREE 3". The arborist evaluated and deemed it to be in "fair" to "good" health. The tree is 20 to 25 feet in height and has a canopy spread of 15 to 20 feet, with four to six trunks that range in diameter from four to six inches. The tree is located within the building pad area and is proposed to be removed. Diamond Bar Development Code Section 22.38.130 requires that the removed protected trees shall be replaced at a ratio of 3:1 and that the replacement trees shall be 24 -inch box. The removal of the Black Walnut tree on site will require replacement with three (3) new Black Walnuts, with a minimum box size of 24 inches. See the Analysis section of this staff report for further discussion of the proposed landscape plan. ANALYSIS: A. Review Authority (Diamond Bar Municipal Code Chapter 22.48) - New construction on a vacant lot requires Planning Commission approval of a Development Review application. B. Site and Surrounding General Plan, Zoning and Uses Page 2 DR 2007-25 General Plan Designation Zoning District Land Use Site Rural Residential RR Vacant Land North Rural Residential RR Vacant Land South Rural Residential RR Single Family Residential East Rural Residential RR Single Family Residential West Rural Residential RR Single Family Residential Page 2 DR 2007-25 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 RR Zone. Development Residential Meets Feature Development Proposed Requirements Standards Front setback 30 feet 30 Feet Yes Side Setbacks 15 feet on one side & 15'-0" — south side Yes 10 on the other side. 11'-0" — north side Side yard minimum 25 feet 40'-0" — south side between adjoining Vacant Lot to north Yes structures Rear setback 25 feet 25 feet Yes Lot Coverage Maximum of 30% 12% Yes Building height limit 35 feet 35 feet Yes Retaining Wall Maximum Height 6 feet 6 feet Yes Height Landscaping 50% of front yard 63% Yes Driveway Width Maximum 14 feet @ PL 14 feet @ PL Yes Parking 2 in fully enclosed garage One 2 -car garage and Yes Chapter 22.30 one 3 -car garage for a total of 5 spaces 2. Site and Grading: The site steeply slopes in an easterly direction. The proposed building pad is located at the top of the slope with a view of the surrounding area. The average slope of the site is 29%. The applicant indicates that the proposed project will require 2200 cubic yards of cut, and 900 cubic yards of fill, resulting in 1300 cubic yards of material to be exported from the site. 3. Elevations: The architectural style is a Mediterranean design with concrete tile roof treatment, smooth stucco walls, stone veneer, and multi -paned windows. The applicant has provided color samples which call for earth - toned shades for the exterior finish to soften the buildings visual impact and assist in preserving the hillside's aesthetic value. 4. Landscaping: The subject property is located within the Los Angeles County Fire Department "Very High Fire Hazard Severity Zone." Therefore, the proposed landscaping must comply with the Fire Department's Fuel Modification Plan requirements. The submitted preliminary landscape plan Page 3 DR 2007-25 indicates that the future landscaping will comply with the Fire Department's regulations and guidelines. The preliminary landscape plan indicates that 10 new trees will be planted on site. The size of the new trees will be 24 -inch box. In addition to the proposed trees, the applicant has proposed three (3) new 24 -inch box Black Walnut trees to replace the one proposed for removal. The applicant indicates that over 63% of the required front yard area will be landscaped with plant material. The tiered retaining walls and slopes at the rear of the property will be fully landscaped to screen the walls. Plant types proposed in these areas and throughout the front yard area are drought tolerant non-invasive plant species such as Star Jasmine, Day Lily, and Mock Orange. A condition of approval has been added requiring the avoidance of invasive species as identified by the California Plant Council. D. Compliance with Hillside Management Ordinance The proposed project has been reviewed for compliance with the City's Hillside Management Design Guidelines and regulations. Section 22.22.120(x)(1) of the Diamond Bar Municipal Code establishes a height limit of 35 feet as measured from the finished grade to the highest ridge beam. The submitted grading plans include several cross sections to demonstrate that the proposed structure will comply with the City's maximum building height requirements. E. 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 additions are compatible with the existing residence and surrounding community. 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 in accordance with the provisions of Article 19 Section 15303(a) (New Construction of one single-family residence) of the CEQA Guidelines. No further environmental review is required. Page 4 DR 2007-25 RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Development Review No. 2007-25 based on the findings set forth under Section 22.48.040 of the Development Code, subject to conditions. Prepared by: Reviewed by t1� Katherine Lau ur Greg mGuban, AICP Senior Planner Acting Community Development Director Attachments: 1. Draft Resolution of Approval 2. Aerial Photo 3. Exhibit "A" — site plan, floor plan, roof plan, elevations Page 5 DR 2DD7-25 A. PLANNING COMMISSION RESOLUTION NO.2009-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-25 FOR THE REQUEST TO CONSTRUCT A THREE-STORY SINGLE-FAMILY RESIDENCE ON LOT NO. 102 OF TRACT 23483 LOCATED AT 2706 INDIAN CREEK ROAD, DIAMOND BAR, CA (APN 8713-036-018) RECITALS 1. The Planning Commission considered an application filed by Pete Volbeda, on behalf of the property owner, Basant Bhatia, requesting approval of plans to construct a new three-story, 9,513 square -foot single- family residence with an attached four -car, 1,802 square -foot garage. The location of the proposed project is 2706 Indian Creek Road. 2. The subject property is zoned Rural Residential (RR) and it contains 51,401 square feet (1.18 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 102 of Tract No. 23483, and the Assessor's Parcel Number is (APN) 8713-036-018. 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 February 10, 2009, 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 has determined the project to be Categorically Exempt from the provisions of CEQA in accordance with the provisions of Article 19 Section 15303(a) (New Construction of one single-family residence) of the CEQA Guidelines. No further environmental review is required. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas, (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed single-family residence 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 existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed single-family residence will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence is consistent with the goals and objectives of the long-range planning policy documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and appearance of the surrounding existing development. The proposed project is an infill 2 Planning Commission Resolution No. 2009 -XX development that will complement the neighborhood residential character. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction material are consistent with other single-family residences in the surrounding neighborhood. e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed single-family residence is consistent with the anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing. (2) The project landscape plan shall avoid the use of invasive plant materials as identified by the California Invasive Plant Council. A complete list of the plant material to be avoided can be found at the following web address: www.calipc.org. (3) The applicant shall obtain the services of a licensed landscape architect to prepare the final landscape plans for the proposed project. The landscape plans shall include the design and selection of material for all hardscape, walls and fencing. The detailed landscape plans shall be submitted to the Community Development Director for review and approval, prior to issuance of building permits. (4) The required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan Guidelines in terms of plant selection, 3 Planning Commission Resolution No. 2009 -XX placement and maintenance. The final landscape plan shall be submitted to the Fire Department for review and approval. (5) The landscape plan shall include the in-kind replacement of all protected trees that are removed from the site in order to accommodate the proposed development. The ratio of the replacement trees shall be 3:1. The minimum size of the replacement trees shall be 24 -inch box. The plan shall delineate the location of all trees that will be removed and the location of all new plant material to include the location of the replacement trees. (6) A certified arborist shall be retained to supervise the installation of the protected tree replacement to insure the survivability of the replacement trees. A report shall be provided to the Director of Community Development for review and approval. (7) A maintenance agreement shall be provided to the City indicating the property owner's responsibility to insure that the replacement trees will be properly maintained for a period of not less than five (5) years. A security deposit as determined by the Director shall be posted with the City. (8) Prior to submittal of plans for Building Division plan check all retaining walls associated with the lot pad shall be revised so that the exposed height does not exceed four feet. (9) The maximum exposed face of any freestanding retaining wall not associated with the lot pad shall be limited to six feet in height. 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, Pete Volbeda, 180 N. Benson Ave., Suite D, Upland, CA 91786 and the property owner Mr. Basant Bhatia, 17753 Via San Jose, Rowland Heights, CA 91748. 4 Planning Commission Resolution No. 2009 -XX APPROVED AND ADOPTED THIS 10TH DAY OF February 2009, 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 10th day of February, 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 Planning Commission Resolution No. 2009 -XX III DWIOND ✓5 � ice.., jj COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: DR 2007-25 SUBJECT: New Single Family Residence PROPERTY Basant Bhatia OWNER: 17753 Via San Jose Rowland Heights, CA 91748 APPLICANT: Pete Volbeda 180 N. Benson Ave Ste. D Upland, CA 91786 LOCATION: 2706 Indian Creek Drive 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 1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2007-25 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 6 Planning Commission Resolution No. 20D9- (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-25, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License; and a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2009 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. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. 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 7 Pinnninn (:nmmiccinn RPCnititinn Mn- 2009- commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and 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 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. 2007-25 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 attached hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 8 Planning Commission Resolution No. 2009- 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Prior to issuance of any permits, the method of tree replacement shall be determined. Trees that will be replaced on site shall be plotted on the final landscape plan for the City's review and approval. 3. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the retaining wall height. 4. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. 5. Prior to the Planning Division's final inspection, a total of three Black Walnut trees shall be planted on site for the replacement of the one Black Walnut tree of good health being removed. 6. 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. 7. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 8. Retaining walls shall not exceed an exposed height of six (6) feet as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stacked stone, etc.) Retaining walls or fences located within the front yard setback shall not exceed an exposed height of 42 inches. 9 Plannina Commission Resolution No. 2009- F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. In addition, all construction equipment shall be properly muffled to reduce noise levels. 10 Planning Commission Resolution No. 2009- B. SOILS REPORT/GRADING/RETAINING WALLS Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 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. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 11 Planning Commission Resolution No. 2009- 10. 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. 11. Rough grade certifications by project soils and civil 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. 12. As -graded geotechnical report shall be submitted for review and approval prior to any issuance of building permits. Retaining wall permits may be issued with the grading permit. 13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. UTILITIES Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 2. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. E. SEWERS/SEPTIC TANK Any homeowner that installs a new septic tank system, repairs and existing septic tank or adds any plumbing fixture units or bedroom equivalents to the facility served by an existing septic system will need to submit a Notice of Intent (NOI) to the Regional Water Quality Control Board for Waste Discharge Requirements and submit a copy of the sent NOI and check to the City. Please refer to City handouts. 2. SEPTIC TANK: The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department, California Water 12 Planning Commission Resolution No. 2009- Control Board and the City's Geotechnical Engineer shall approve these plans prior to the issuance of any permits. The property owner shall be required to sign and record the City's Covenant for use of a septic system. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. The applicant shall submit a foundation and soils investigation report. 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 7. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 8. A height survey may be required at completion of framing. 9. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) 13 Planning Commission Resolution No. 2009- Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. Walnut Valley School District 880 S Lemon Ave Walnut, CA 91789 (909) 595-1261 10. Please submit a total of 5 full set of plans including the grading for review to the Building and Safety Division after the plans have been approved by the Planning Division/Commission. 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 and Safety and Public Work Departments for review and approval. 14. 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. 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. Private property sewerlseptic 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: Fire Department approval is required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in Veru High Severity Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. 14 Planning Commission Resolution No. 2009- b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction for fire protection and available pending completion of the required fire protection system. 5. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 15 Planning Commission Resolution No. 2009- t Y ; Yt J tit -aw _ q�, �[ �- t p "i''r£f- .yam, �'• A t .�+� '� Aji * ty .{,1. � 'ice" `� }• � tw 7<. �' �`�� 4. K I _ V [e � �'k �l 4rw m Imo. F07 eq' yY Ak h .{,1. � 'ice" `� }• � tw 7<. �' �`�� � � � a �'k �l 4rw m Imo. F07 m x ul (1) O =i FrI Z Z n m PETE VOLRE©R PppbiLgAupi; Plaimipg a 180 N BENSON AVE, WTE D LPLAND CA 9V86 r MR BHKM DRN 2007-25 CUP -14 Cn .,,,,.., A. .,— _ _ _ _ _ _ _ _ TEL 909 373 B50 FAX 909 373 B52 Sfl t I i �/ i• K Jim i' %��Q�J� k [ 16 �/� i .. NA i At��e.+�-t1ii ' I ..�, '•-moi.= 1-- � - m x ul (1) O =i FrI Z Z n m PETE VOLRE©R PppbiLgAupi; Plaimipg a 180 N BENSON AVE, WTE D LPLAND CA 9V86 r MR BHKM DRN 2007-25 CUP -14 Cn .,,,,.., A. .,— _ _ _ _ _ _ _ _ TEL 909 373 B50 FAX 909 373 B52 I I r I 1 I I I I I I I I I I 1 I I 1 I I 1 I I I I I 1 I I 1 � I 1 it P Y 1 I I 1 I I t I 1 I I 1 I I 1 I i I 1 I I I 1 I 2 i o 2 d o SITE SECTIONS PETE V®U®E®P 44d&Lwa Ply V) IMR BHA71A, ARORA bO N BBWN AVE. 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(909) 839-7030 - FAX (909) 861-3117 ITEM NO.: 7.2 DATE: February 10, 2009 TO: Chairman and Members of the Planning Commission FROM: Greg Gubman, AICP, Planning Manager SUBJECT: Extension of time for Tentative Tract Map 54340 PROJECT Directly south of Rocky Trail Road and Alamo Heights Drive and west of LOCATION: Horizon Lane, Assessor Parcel Numbers 8713-023-002, 8713-023-004, 8713-023-005, 8713-024-001 AND 8713-024-002 RECOMMENDATION: Staff recommends that the Planning Commission continue this matter to February 24, 2009 so that additional noticing', can take place that includes entitlements associated with Tentative Tract Map 54340. 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Day PM Delivery Attempt Time ❑ AM Employee Signature Me- Day ❑ PM Delivery Date Time ❑ AM Employee Signature Mc); Day ❑ plvl -r•WAIVCR OF SIONATURE:!v'i 6�'.',1 C•'Vl Additional morchdndlSemsurrmcoiv Void d,V.nvnr offiiii-tumi—ifiv •dnd.l.,e • d-_,vcr: faro,.-Wc'e'ho�nchtararil! •: c.,,rl•:r.,,,,,,,,; ., �, •Yhiv �ne fns.: •ird11 •.nr, y.xnry_ iir'r•. •�.i: w!..I-i ,- no u,r, flnr I n, 1..)tion.. if.,. ,lol�:^ry rmP'�J� ':. ,xp� �.nna• lin%aM1'ghd n«:cf uLdu'iurn NO DELIVERYWcu4enil r i Homay,y i I,ai f�' 4,, L I - Ce lurna S Pm Iffy Federal Agr-ACU No or Postel Sernce Acct No, TO: (PLEASE PRINT) PRONE ( I � r 1 TY ', �y / ,..�'1'tl -.�ACA 91769-4176�'r/ ..1` '_'.."/ frP..t�.'. CA' ressee -11 J w, CITY _0E-=ftNO` 5Ak P uQfn" NOTICE OF PUBLIC MtETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On February 10, 2009, 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 February 6, 2009, 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 February 9, 2009, at Diamond Bar, California. Stella Marquez Community Develop ent Department g:Uaffidavitposting.doc Fite reviewed' on , c by is ready for v snit