The URL can be used to link to this page

Home My WebLink About02/24/2009PLANNING FILE COPY COMMISSION AGENDA February 7:00 24, 2009 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 Please refrain from smoking, eating or i he 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(a-7ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, February 24, 2009 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2009-04 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Tony Torng, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. 3 4. 5. 6 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 (Comr)letion of this form is voluntarv). 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. 7. CONTINUED PUBLIC HEARING(S): February 10, 2009. 7.1 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 Diamond Bar Municipal Code 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 FEBRUARY 24, 2009 A PAGE 2 PLANNING COMMISSION AGENDA time extension will provide an additional year, until February 21, 2011, for the applicant to file the final map. (Continued from February 10, 2009) 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 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 a future date not known at this time, subject to re -notification. PUBLIC HEARING(S): 8.1 Development Review No. 2008-18. Minor Variance No. 2008-02 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.52, the applicant is requesting approval to construct a two-story, 9,654 square -foot single family residence with an attached 1,114 square foot garage on an existing 42,139 square foot (0.96 Acre) Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR). The Minor Variance is requested to allow the exposed height of retaining walls to be increased from six (6) feet to eight (8) feet. Project Address: 3121 Steeplechase Property Owner: Arun and Indu Jain 1301 Glenthorpe Drive Walnut, CA 91789 FEBRUARY 24, 2009 PAGE 3 PLANNING COMMISSION AGENDA Applicant: Pete Vol beda 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 continued this matter to March 10, 2009, to allow the applicant time to prepare the submittal items needed for the Commission packets. 8.2 Development Review No. 2008-19 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant is requesting approval to construct a two-story, 2,859 square -foot single family residence with an attached 624 square -foot garage on a 1.16 acre Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR). Project Address: Vacant parcel of land fronting on Indian Creek Road, located to the west of 2112 Indian Creek Road, Diamond Bar, CA 91765 (Tract 30093, Lot 14; APN 8713-041-004) Property Owner: John Gasparian 2112 Indian Creek Road Diamond Bar, CA 91765 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. FEBRUARY 24, 2009 9. 10. 11 PAGE 4 PLANNING COMMISSION AGENDA Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2008-19, 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: 10.1 Public Hearing dates for future projects: SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: STATE OF THE CITY: 12. ADJOURNMENT: Thursday, February 26, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, March 3, 2009 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, March 10, 2009 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, March 12, 2009 5:00 p.m. — 7:00 p.m. Diamond Bar Center, Grand Ballroom 1600 Grand Avenue 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. ROLL CALL Present: Commissioners Kwang He 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. 2. 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: 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 Fir 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. L.J A F --- 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 simulations and the samples for the proposed artificial tree 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 count tomorrow night to which ACDD/Gubman responded that there 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 City's massage regulations 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 massage technician. He spoke about the business licensing process, upcoming legislation and zoning requirements to illustrate his iY r JANUARY 27, 2009 PAGE 4 PLANNING COMMISSION conclusion that a Conditional Use Permit would not be required under certain circumstances when massage 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 Februar�r, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Steve Nelson, Chairman CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 -- FAX (909) 861-3117 ITEM NO.: 7.1 DATE: February 24, 2009 TO: Chairman and Members of the Planning Commission FROM: Greg Gubman, AICP, Acting Community Development Director SUBJECT: Extension of time for Tentative Tract Map 54340, Conditional Use Permit 2002-01, Variance 2005-03 and Tree Permit 2005-10 ("Project"). 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. BACKGROUND The applicant had requested an extension of time for the Project due to the lengthy process that they have been going through with the Los Angeles County Public Works Department in order to obtain approval of on-site and off-site drainage improvement plans. Review of the drainage plans by the County has resulted in additional off-site improvement requirements that were not part of the original tentative tract map proposal and will required that the map be amended to incorporate them. The new off-site improvements will require the applicant to secure easements from adjacent property owners prior to submitting the amended map for review, as the City will not assist in obtaining the necessary easements. The improvements required by the County may require a revised tentative tract map submittal. Once the revised map has been received, staff will be able to determine what additional environmental review will be required. Any proposed amendments will come before the Planning Commission as a public hearing item. PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 -- FAX (909) 861-3117 ITEM NO.: 8.1 DATE: February 24, 2009 TO: Chairman and Members of the Planning Commission FROM: Greg Gubman, AICP, Acting Community Development Director SUBJECT: Development Review 2008-18 and Minor Variance 2008-02 PROJECT 3121 Steeplechase Lane LOCATION: RECOMMENDATION: Staff recommends that the Planning Commission continue this matter to March 10, 2009, to allow the applicant additional time to prepare the submittal items needed for the Commission packets. 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: 8.2 MEETING DATE: February 24, 2009 CASE/FILE NUMBER: Development Review No. 2008-19 PROJECT LOCATION: 2122 Indian Creek Road, Diamond Bar, CA 91765 (Tract 30093, Lot 14 APN 8713-041-004) APPLICATION REQUEST: Approval to construct a two-story, 2,859 square -foot single family residence with an attached 624 square foot garage on an existing 1.16 acre Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR). PROPERTY OWNERS: John Gasparian 2112 Indian Creek Road Diamond Bar, CA 91765 APPLICANTS: Pete Volbeda 180 N. Benson Avenue, Suite D Upland, CA 91786 STAFF RECOMMENDATION: Approve, subject to conditions BACKGROUND: A. Site Description: The site is located in the Diamond Bar Country Estates and is accessed from Indian Creek Road, which is a fully improved private street. A lot line adjustment (LLA 95-001) was approved in 1996 to adjust the lot line between the subject site and 2112 Indian Creek Road. The approved lot line adjustment provided access to the subject property via an ingress/egress easement across 2112 Indian Creek via a shared driveway. While the lot line adjustment was approved by the City, it was not recorded with Los Angeles County and has expired; therefore, a new lot line adjustment application is undergoing review with the Public Works Department. Pending approval of the Lot Line Adjustment, the site will be 1.16 acres. The site is legally described as Lot 14, Tract No. 30093, and the Assessor's Parcel Number is 8713-041-004. B. Proiect Description: The applicant requests approval to construct a two-story, 2,859 square -foot single family residence with an attached 624 square -foot garage on an existing 1.16 acre parcel. The proposed dwelling unit contains three bedrooms and four 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. There are two California Pepper trees located along the east side property line that will remain in place and be protected during construction. 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 2008-19 General Plan Designation Zoning District Land Use Site Rural Residential RR Vacant Land North Rural Residential RR Single Family Residential South Rural Residential RR Vacant Land East Rural Residential RR Single Family Residential West Rural Residential RR Single Family Residential Page 2 DR 2008-19 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 240 Feet Yes Side setbacks 15 feet on one side and 15-0" — east side Yes 10 feet on the other side. 45'-0" — west side Side yard minimum 75'-0" — west side between adjoining 25 feet 224'-0" - northeast of Yes structures the proposed residence. Rear setback 25 feet from building pad 25 feet Yes Lot coverage Maximum of 30% 6% Yes Building height limit 35 feet 26.5 feet Yes Retaining wall Maximum height 6 feet 3 feet Yes height Landscaping 50% of front yard 100% Yes Driveway width Maximum 14 feet @ PL 10 feet Yes Parking 2 spaces in fully enclosed Yes garage Chapter 22.30 One 2 -car garage 2. Site and Grading: The site steeply slopes down from the street with two level building pad areas, separated by a descending slope. The applicant indicates that the proposed project will require 23 cubic yards of cut, and 23 cubic yards of fill, resulting in no material being exported from the site. 3. Elevations: The architectural style is a Colonial Revival design with imitation slate roofing material, stucco walls, stone and brick 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 2008-19 shows the existing landscape currently in place and the future landscaping that will comply with the Fire Department's regulations and guidelines. Due to the configuration of the lot, the 30 -foot front setback area that is considered the front yard is currently fully landscaped and will remain that way, as the new home will sit back over 200 feet from the front property line. A limited amount of new landscaping is proposed, as the site is currently landscaped with lawn and trees, with little of this existing landscaping proposed to be removed. Two existing trees that are not on the protected species list will be relocated out of the construction area. All new plant types will be non-invasive plant species. A condition of approval has been added requiring the avoidance of invasive species as identified by the California Plant Council. This condition is not applicable to the California Pepper trees on the site as they are a protected tree in the City of Diamond Bar. 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(a)(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. 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 2008-19 RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Development Review No. 2008-19 based on the findings set forth under Section 22.48.040 of the Development Code, subject to conditions. Prepared by: Reviewed by Katherine Lau n ur r Greg Gubman, 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 4. Exhibit "B" — Proposed Lot Line Adjustment Page 5 DR 2008-19 PLANNING COMMISSION RESOLUTION NO.2009-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2008-19 FOR THE REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE ON LOT NO. 14 OF TRACT 30093 LOCATED AT 2122 INDIAN CREEK ROAD, DIAMOND BAR, CA (APN 8713-041-004) A. RECITALS The Planning Commission considered an application filed by Pete Volbeda, on behalf of the property owner, John Gasparian, requesting approval of plans to construct a new two-story, 2,859 square -foot single-family residence with an attached two -car, 624 square -foot garage. The location of the proposed project is 2122 Indian Creek Road. 2. The subject property is zoned Rural Residential (RR) and it contains 1.16 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 14 of Tract No. 30093, and the Assessor's Parcel Number is (APN) 8713-041-004. 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 the City's designated community posting sites. 5. On February 24, 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. 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 has determined the project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with the provisions of Article 19 Section 15303(a) of the CEQA Guidelines (New Construction of one single-family residence). 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. 2 Planning Commission Resolution No. 2009 -XX The design of the proposed single-family residence is consistent with the goals and objectives of the long-range planning policy documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and appearance of the surrounding existing development. The proposed project is an infill development that will complement the neighborhood residential character. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction 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) Prior to issuance of any permits the applicant shall obtain Public Works Department approval of a lot line adjustment and provide documentation to the Community Development Department that it has been recorded with the Los Angeles County Recorder. (3) The project landscape plan shall avoid the use of invasive plant materials as identified by the California Invasive 3 Planning Commission Resolution No. 2009 -XX Plant Council. A complete list of the plant material to be avoided can be found at the following web address: www.calipc.org._The existing California Pepper trees on site are excluded from this requirement. (4) 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. (5) 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, placement and maintenance. The final landscape plan shall be submitted to the Fire Department for review and approval. (6) 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. John Gasparian, 2112 Indian Creek Road, Diamond Bar, CA 91265. 4 Planning Commission Resolution No. 2009 -XX APPROVED AND ADOPTED THIS 24TH DAY OF FEBRUARY 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. IN 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 24th 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. 20D9 -XX DIA1110ND � i 4 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT M DR 2008-19 SUBJECT: New Single Family Residence PROPERTY John Gasparian OWNER: 2112 Indian Creek Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 180 N. Benson Ave Ste. D Upland, CA 91786 LOCATION: 2122 Indian Creek Road 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. 2008-19 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 Planninn ('.nmmi¢-inn RP�nlutinn No ?009- (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. 2008-19, 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 commerciallinstitutional 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 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2008-19 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. r;1 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 plan check submittal, a final landscapelirrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the retaining wall height. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a maximum height of 42 inches. 4. 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. 5. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 6. 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. F. SOLID WASTE T. 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. 9 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 for review and approval 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. B. SOILS REPORT/GRADING/RETAINING WALLS 1. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 2. 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. 10 3. 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. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. D. OFF-SITE STREET IMPROVEMENTS (None) E. UTILITIES Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. Any homeowner that installs a new septic tank system, repairs 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 prior to release of Building Permits. Please refer to City handouts. 3. SEPTIC TANK: The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department, California Water 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. Prior to the permit issuance of the new residence permits must first be obtained for the construction or demolition of the pigeon loft. 9. A height survey may be required at completion of framing. 10. 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 Ave Walnut, CA 91789 (909) 595-1261 12 Plo inn f nmmiscinn Resnhitinn No ?Ooq- 11. Please submit a total of five full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 12. Indicate all easements on the site plan. 13. 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. 14. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 15. 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. 16. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 17. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 18. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:' 19. 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 Very 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. 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 112 inch in any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 13 Plmnninn ('.nmmic !i n Racnh inn Nn ?nnq_ 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 14 Planning Commission Resolution No. 2009- ave _ IVU UNUNVIU )3JJK NVIONI Zi,IZ osu eye a 09 _ ° -- NVIdiVdSVD SNN (INV BIW 60J �ON3&SJN U .� 9B[l6 tlJ QNVldfl Q 311f1S "3AV AOSN3B N 09L � � � NVId 311S D/ /� w e FFk ROAD a�I!A A NRBMCE EXISTING .'� EXISTING ,�8g8gMg8 gp /1 h PAMNG Ffiffil J S r I, W a Z� t Q '! Ln #? u Q �3om q ' Iz}'i 0'• \ / W 7 ne Z - N S :�E 00 Z Z p Q < � W Q NW L Ln Z - O� Q Z Z LL dC7 W W JN 7 0 c z F p Q.() z W- Z V) (fl J NO f- c)< W O VI Z 3 Y d J W 0 0 0 I� J V) o LL W W O Z ! p N Z O_ Z � Z a a J d J a Ww U O O z oz a �a �a zz J a a _j V) a w W Z D d Z 00 0 a F a000J 0.UF=0J a U p> W W0 W Z Z W H O W O a J 0 Z (n UJ WAN 0- m m CEJ N �� O II U a ' U 0 d w a a o� z E a'Q �b� z Vm Nle oy `°� o ,ow voi�m Nn \ O N a w � A Fz lk 6 N 0 w 00 oco¢ wiZQz o 00 o ¢VOU� .,M E e-. z x�. O WFO V] .0.1x02 �� ¢01 Du 04 al a frF]UY6 E -z F'a� 00 �m 0.Ffa U zOF N Uri:. G..] S i s O 0. N 6 aVE UNCIVTVIKJ '>IJJIJJ NViGNI GIIC 0311 U0 606 131 NVINVdsVO saw aNV HVI Kd 30NMS]d 99116 V3 CNVI& (I DilrS 3AV NOSIa N 091 Md - JFK _ROAD ;RESIDENCE MTN, PAVING PH �w ------ ---- CL oME LL — — -6xry 911 VII 60 711 1 1 21V8ONG TO 'X33210 NVIGNI tiZ S 3AV 92A6 VD (3NV_ ldn I NVINVAVO qM ONV NW WA 3DIJ301S-� �; Egg! N011VA71-fzI L10124-11 X�j klvld 2IOCTJ Is[ —i --- -------- ------------- ---- - -------- FOFI'l LJLJLJ.❑I El F119 -1 -------------- T-1 7 7 F-71 'ol LO fi. ui I_I LU p < -r LU g_.g —i --- -------- ------------- ---- - -------- -------------- T-1 7 'ol LO fi. I_I -r g_.g BTH (31 ------ ---- —i i � —w 0911 CLC 606 T11 9QA6 VD QNV-l& 0 31rIS '3AV NOSN38 N OR 5UIWUUI -I 949I150TI HflEN9nfl 9 1 9-f 3 MISS rEll m lkikk\ cn NV@ GNOVWO')4:31210 NViONI,1L? NVIdVdSVO SM GNV 8H WJ 3ON30ISR C N 0 1 NV -1d � 0 0 -1 -,1 Cl N . ? MRS — I H .o se �FF LL] I 77 . ? MRS — _ ,dV8 CNOMIO ale, e3a.m 'N \ 1XIZIM , _ ~ NVId AOCa / ■ | : z / c \ z -- �_ . ., � . � . ■ | : z / c \ z SHEET 1 OF 1 SHEET EXHIBIT 'B' CITY OF DIAMOND BAR LLA NO. 08- ( PARCEL 'B' ) INDIAN CRE1 RoAD � G EK _ � 02 POINT 'A' ( PRIVATE STREET) / 1 o\ - A N D S Z 5GN N Elio � G.Q4- O �z UTILITY x\ �O" EASEMENT " U o z O \ oo / � m No. 5553 -4 ;D \� EXP. 6-30-09 \ \ A / �9T \� Lp 20' INGRESS AND EGRESS o0 \ h EASEMENT �, \ \ for �j J \ \ PARCEL 'B' 2112 I \ \ C\ \ AREA: criFoey- \ 2.668 AC. GROSS \ ` S7 3p0p E 2.651 AC. NET 70 .84, \ �5 ( PARCEL 'A' ) \ SCALE 1"=60' \ �(2L INrJIA+-J \ \ wo oo. Line Beaistance N 31'13'30"W 3in32.00' 2 S 26°54'38"E 32.00' 152E \ 3 S 6°00'00"E 31.81' \ 4 S 14°30'00"W 10.00' X615\ 5 S 72°30'00"E 32.00' Curve Delta Angle Radius Arc Tangent 1- \ 1 4°18'52" 300.00 22.59 11.30 2 4°18'52" 332.00 25.00 12.51 0 \ 3 57°00'00" 25.00 24.87 13.57 r'ox 4 13°54'38" 125.00 30.35 15.25 5 50°00'00" 55.00 48.00 25.65 6 69°30'01" 35.00 42.46 24.28 moo 7 42°30'00" 60.00 44.51 23.33 \ .oy � S.W. CORNER LOT 94� ? P.O.B. \_ Z W °- Of LLI m0 ❑ ~ Z Z Lu 02 2 0- 0 oLU W LL Ow U� Z D 2 2 0 U a z O Z W GO ER C7 z-�,WZ0J = U z z:.:] U?WZO m(-QZ> (Z�g� O. O a- n. U u Z u u u a-XadU rn (D C7 CD C9 U Z Z z Z 0C W W 1= H z I 0- V I I I C, U y z O 0 J Ud Z O Z O Z O CL IN Q Z Cl - Q Q Q J m J J d J 0- a za a a a U0 U W O j W W W ` M H LLJ F= O I- M U � � (L M 00 -jz �z M 2z 00 00 00 Uo U� a0 ao M LU Cr 0O 00 DO >0 DO 0 W Z W LL U Z LL W z LL W Z W Z 0 = UOO LL J LU �� -� LL� I_ UM OZ > 0 OZ OZ OZ z0 0U �0 �0 �0 Z~ �a Z1- Z~ Z~ O a� �-' a� a� a� 1- a Ud _ c2 2 2 o �Q Q� ❑ �a o �Q 0 �Q aN a d ~0 N ULL WO Z0 a0 a0 0-0 a aLL aLL aLL ¢LL a ❑U 00J U' N W U Q a 0~ 0 J 0 m - a u a U J 0 Cn LLJ Q ¢ F- J _� W a ¢ < 2:¢ m LU w� Z 0- O U } 0 Q U~ � LLJZ > W Q Z) zfl� LLJI -j � O C/ H 0- m Q U m � to 0- CO Y Y Y d a p Y 0 p p O M 00 N O CA r 00 M O N Cp O N O CA m M p M M CO N Vi a) co Cb 03 C� ti LO O CO Cc Cflti ti F i n O O O O O O N N N N O O O p 0 O O O O 0 0 O O O O WU) UN N N U U N N N N N N N X of0 S om oln� a w w o 0 a� W z O _ o o U) W "o LLC/) c c o °3 a) U o rn o o c c o U) ) J W -_ Q E Z E W w U J ° J W _ -0> Z N y U CU W 2 c YOf U o M KM i5 Z� 0: v I- U � �- Z `' >� N W= W W 0 U a) Uo CU w v o Ur= UE COc� �E Um Z ❑ z C9 o d a> p c n n c N 'uf f Q o LL p 0 2 d O W W H 0`� U c_ Z o W W Z Z W LL Oo o: y a z U �W 0 —011 �• o a— z o 0 �. LX) C) IW -o Cn cq rn Z � �y u p CO J O w O O O W 00 4 z 0 C��O N Cr (fl N M oONo Q. MF �~ Q Z a N 02 N_'Ui NZ N co z O Z W GO ER C7 z-�,WZ0J = U z z:.:] U?WZO m(-QZ> (Z�g� O. O a- n. U u Z u u u a-XadU i�wmm�mflu�aiii�iniu�i��uYiiiinfl EM 252432934 US PO ZIP Code Day of Delivery Postage Customer Cor Del Next D 2nd 0 2nd ,1 Cay$ Label 11 -F, April 2( Scheduled F -t- of -D.W.,Y -'fi.t.,n Receipt Fee Date Accepted Delivery Attempt Time Month Day $ Mo. Day Year Scheduled Time of 0 Insurance Fee Trn. Accepted DAM El Noon ❑ spm -Military = Time Total Postage & Fee. 0 PM -,,-17 S Flat Rate 0 or Weight El 2m Dy E] 3rd Day $ Delivery Date int'! Alpha Country Code Acceptance Emp. Initials lb. ozs. Employee Signature �<prew Mail Corporate Acct No X9 i7 206 Fed -VAcc No Postal CeAcct No or Y11 Customer Cor �EXPRESS Label 11 -F, April 2( M131L UNITED STATES POSTAL SERVICE® Post OfficeToAddresse Delivery Attempt Time El AM Employee Signature Me Day CITY LJ17 El P,,A D.I.—y Attempt Time 11 AM Employ.. Signature Mo.. Day -,,-17 S El Pm 4" Delivery Date Time El AM Employee Signature PHONE NO DI'LIVE PY �<prew Mail Corporate Acct No X9 i7 206 Fed -VAcc No Postal CeAcct No or Y11 Delivery Attempt FROM: (PLEASE PRINT) PHONE 90,9 13 9 71D 3Q TO: (PLEASE PRINT) Mo. Da I--] PM r Delivery Attempt PHONE Employee Signature CITY LJ17 11 Pm Delivery Date C, Employee Signature Mo Day ❑ PM -,,-17 S 4" FROM: (PLEASE PRINT) PHONE 4 1 � a39 7030 TO: (PLEASE PRINT) EM 252432917 US D Next D 2nd 0 2nd N1 Day $ Scheduled Date of Delivery Return Receipt Fee Date Accepted Month Day $ Mo. Day Year Scheduled Time of Delivery COD Fee Insura Time Accepted [:1 AM ❑No -n ❑ 3 P JGEXPRESS - MAIL UNITED STATES POSTAL SERVICEe J Customer Copy' Label 11 -F, April 2004 Post OfficeTo Addressee FOR PICKUP OR TRACKING- Visit WWW.UbP5.G0M or Call 1-800-222-1811 _7 9J17ff=4# Delivery Attempt Time E] AM Employee Signature Mo. Da I--] PM 140 DLLIVLIIY A Delivery Attempt Time EJ AM Employee Signature Mo. Day 11 Pm Delivery Date Time L1 AM Employee Signature Mo Day ❑ PM I FOR PICKUP OR TRACKING- Visit WWW.UbP5.G0M or Call 1-800-222-1811 _7 9J17ff=4# 140 DLLIVLIIY A x Express mail GrporateAoct No X 91 17 2 (11 Federal Agency Acct N or P=1 Se=A0,1, No FROM: (PLEASE PRINT) PHONE 4 1 � a39 7030 TO: (PLEASE PRINT) PHONE 4 -C U API, 0 P L Z-) lb J L FOR PICKUP OR TRACKING- Visit WWW.UbP5.G0M or Call 1-800-222-1811 _7 9J17ff=4# CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On February 24, 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 20, 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 20, 2009, at Diamond Bar, California. Stella Marquez Community Development Department g:\\affidavitposting.doc VOLUNTARY REQUEST TO ADDRESS THE PLANNING ISSION AGENDA ITEM * �Q Q _r� SUBJECT: CK5,f k DC"t•,p CC TO: Planning Commission Secretary DATE: 2 Z,A-- C� FROM:1��`f ADDRESS: G—(S MA,i T( -((3 - • @ ( •(Z t (jE - -ORGANIZATION: NV% ZA- `T Q� kIN SUBJECT: I would like to .address the Planning Commission on the above stated item. Please have the Commission Minuses reflect my name and address as printed above. NOTE: All persons may attend meetings and address the Planni n Cbmmusion. This form is intende+ to assist the Chairman in ensuring that all persons wishing to address the Commission will h2 -Ye the opportunity and to ensure correct spelling of names in the Minutes. February 20, 2009 �3al�ifdl {is +v..�.xew.klM.q,�asaiils '' IJ,•' Diamond Bar Country Estates Association 22615 Lazy Meadow Drive Diamond Bar, Ca. 91765 (909)861-4114 (909)861-2968 Fax TO: The City of Diamond Bar Planning Commission, Senior Planner for The City of Diamond Bar Katherine Laufenburger, The DBCEA General Manager, The DBCEA Board of Directors, Members of The DBCEA Architectural Committee FROM: The Diamond Bar Country Estates Architectural Committee RE: Request for Postponement; Hearing for Lots 13 & 14 / Tract 30093 of the Diamond Bar Country Estates Members of the Planning Commission: On February 12, 2009, the DBCEA Architectural Committee received for review, a plan submittal for the above properties, located at 2112 Indian Creek in the Diamond Bar Country Estates. Mr. John Gasparian is the property owner and the plans submitted for review were prepared by architect Pete Volbeda. The DBCEA Architectural Committee wishes to inform the Planning Commission that on February 12, 2009, the above project was marked as "Disapproved" and ordered returned to Mr. Gasparian. Until these plans were submitted to the DBCEA on 2/12/09, the DBCEA had no prior knowledge that Mr. Gasparian was seeking approval to adjust the lot lines for Lots 13 and 14. It appears the DBCEA was never advised that Mr. Gasparian intended to ask for a lot line revision whereby the lots would be split into legally separated 1 and 3 acre parcels with a home on each lot. The Architectural Committee originally approved the positioning and architectural plans for the current Gasparian residence with the understanding that the two lots were would be merged as one, in order to afford a more estate -like setting. The new submittal presented to us is for construction a new home of approximately 2500 sq ft, adjacent to Mr. Gasparian's current residence, on a newly defined and separate, irregular 1 acre parcel with a co -shared entrance and driveway easement. Due to the unique nature of the above proposed project, the DBCEA Architectural Committee requires additional time to review and consult with the Diamond Bar Country Estates Board of Directors, our professional management team, and with legal counsel. We believe there may be options available to the property owner that would differ from the proposal under consideration. We respectfully request that the City of Diamond Bar Planning Commission postpone the February 24, 2009 hearing for review and possible approval of Mr. Gasparian's project, until we have had sufficient time to thoroughly review and assess the proposal. Thank you for your consideration in this matter. Si eRoy,DBC Architectural Committee Chairperson t de fayieWed bY� Y for