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03/10/2009
PLANNING FILE COPY COMMISSION AGENDA March 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 1l 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. DIAI►IOND BAR Please refrain from smoking, eating or The City of Diamond ear 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: infoOci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, March 10, 2009 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2009-05 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice - Chairman Tony Torng, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. REORGANIZATION OF PLANNING COMMISSION: Selection of Chairman and Vice -Chairman. 3. 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 Sneaker's Card for the recording Secretary (Completion of this form is voluntarv). There is a five-minute maximum time limit when addressing the Planning Commission. 4. APPROVAL OF AGENDA: Chairman 5. 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: 5.1 Minutes of Regular Meeting: February 10, 2009. 5.2 Minutes of Regular Meeting: February 24, 2009. 6. OLD BUSINESS: None. 7. NEW BUSINESS: None. 8. CONTINUED 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 MARCH 10 2009 PAGE 2 PLANNING COMMISSION AGENDA 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. (Continued from February 24, 2009) Project Address: 3121 Steeplechase Property Owner: Arun and Indu Jain 1301 Glenthorpe Drive Walnut, CA 91789 Applicant: Pete Volbeda 615 E. Benson Ave., Unit D 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. 2008-18, Minor Variance No. 2008-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 10. STAFF COMMENTS/ INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects: 11. SCHEDULE OF FUTURE EVENTS: STATE OF THE CITY: CITY COUNCIL MEETING: Thursday, March 12, 2009 5:00 p.m. — 7:00 p.m. Diamond Bar Center, Grand Ballroom 1600 Grand Avenue Tuesday, March 17, 2009 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive MARCH 10 2009 PLANNING COMMISSION MEETING: PLANNERS INSTITUTE: PARKS AND RECREATION COMMISSION MEETING: 12. ADJOURNMENT: PAGE 3 PLANNING COMMISSION AGENDA Tuesday, March 24, 2009 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive March 25 — March 27, 2009, Marriott Hotel & Conference Center Anaheim, CA Thursday, March 26, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive J kx��ttt 3 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 10, 2009 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Vice Chairman Tony Torng, Chairman Steve Nelson. Absent: Commissioner Jack Shah was excused. 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: None. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of January 27, 2009. VC/Torng moved, C/Nolan seconded to approve Consent Calendar Item 4.1 as presented. 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. 7. PUBLIC HEARING: 7.1 Development Review No. 2007-25 — Under the authority of Diamond Bar Development Code Section 22.48, the applicant requested approval to FEBRUARY 10, 2009 ED DR AFS' PAGE 2 PLANNING COMMISSION 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 Adddress: 2706 Indian Creek, (Tract 23483, Lot 102 APN 8713-036-018) Diamond Bar, CA 91765 Property Owner: Basant Bhatia 17753 Via San Jose Rowland Heights, CA 91748 Applicant: Pete Volbeda 615 E. Benson Avenue, Unit C Upland, CA 91786 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review No. 2007-25 based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Nelson asked if there was discussion or consideration of recommending a variance to bring the home closer to the street to reduce the grading. SP/Laufenburger responded that in this particular case the applicant at first submitted a request to reduce the front yard setback. After proceeding through the design process with staff over a period of time the applicant concluded that the project could meet the front yard setback and still maintain the rear yard setback with the same improvements resulting in reduction of grading. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Pete Volbeda, applicant, explained the proposed design. He stated that he read staff's report and concurred with the conditions of approval. Chair/Nelson closed the public hearing. C/Lee moved, C/Nolan seconded to approve Development Review No. 2007-25, based on the Findings of Fact, and subject to the conditions of ®� FEBRUARY 10, 2009 PAGE 3 PLANNING COMMISSION approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 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 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 25, 2008, Senate Bill 1185 went into effect and automatically extended the expiration date on existing Vesting Tentative Maps for twelve (12) additional months past their expiration dates. The projected filing of the Final Map may be delayed beyond this 4year approval period. The time extension will provide an additional year until February 21, 2001, 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 No's: 8713-023-002, 8713-012-04, 8713-023- 005, 8713-023-004 and 8713-024-002. Property Owner: Millennium Diamond Road Partners, LLC 3731 Wilshire Boulevard, Suite 850 Los Angeles, CA 90010 ACDD/Gubman requested that at this time the Planning Commission continue this matter to the next meeting date of February 24, 2009, in order to allow staff an opportunity to properly re -notice the project. There were no ex parte disclosures. Chair/Nelson opened the public hearing. There was no one present who wished to speak on this matter. Chair/Nelson closed the public hearing. FEBRUARY 10, 2009 PAGE 4 PLANNING COMMISSION C/Nolan moved, VC/Torng seconded, to reopen the public hearing and continue the matter to February 24, 2009. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng thanked ACDD/Gubman and staff for providing him with information on the proposed NFL Stadium because it is an important matter for the City's consideration. He said he liked today's presentation that included photographs of the project from all sides. Chair/Nelson said he wished C/Shah a speedy recovery. 9. STAFF COMMENTSIIN FORMATIONAL ITEMS: 9.1 Planners Institute — March 25-27 2009 — Anaheim California ACDD/Gubman said that the City would pay for Commissioners to attend and Commissioners are requested to respond their intentions via email. 9.2 Public Hearing dates for future projects. ACDD/Gubman stated that in addition to consideration of Tentative Tract Map 53430, there will be two additional review applications for new single family homes within "The Country Estates," one on Steeplechase and one on Indian Creek. Chair/Nelson asked the status of the proposed AERA project. ACDD/Gubman responded that staff has had no communication with AERA Energy in almost a year. The applicant and the City reached an impasse on a number of issues and with the down turn in the economy the project may not be coming before the Commission any time soon. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda_ FEBRUARY 10, 2009 PAGE 5 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:17 p.m. The foregoing minutes are hereby approved this 10th day of March, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Chairman ®RAS T MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 24, 2009 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Tony Torng, Chairman Steve Nelson. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger, Senior Planner; Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of February 10, 2009. VC/Torng moved, C/Nolan seconded, to continue this item to the March 10, 2009, meeting. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None. None. Lee, Nolan, VC/Torng, Chair/Nelson None Shah None E DRAT T FEBRUARY 24, 2009 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARING: 7.1 One -Year Time Extension For Vesting Tentative Tract MAP 534301 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 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) yeartime period to record the final map. On July 25, 2008, Senate Bill 1185 went into effect and automatically extended the expiration date on existing Vesting Tentative Maps for 12 additional months past their expiration dates. The projected filing of the Final Map may be delayed beyond this four year approval period. The time extension will provide an additional year until February 21, 2010, 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 No's: 8713-023-002, 8713-012-04, 8713-023- 005, 8713-023-004 and 8713-024-002. PROPERTY OWNER: Millennium Diamond Road Partners, LLC 3731 Wilshire Boulevard, Suite 850 Los Angeles, CA 90010 SP/Laufenburger recommended thatthe Planning Commission continue this matter to a future date uncertain at this time, subject to re -notification. There were no ex parte disclosures. Chair/Nelson opened the public hearing. There was no one present who wished to speak on this matter. C/Nolan moved, VC/Torng seconded, to continue the matter to a date uncertain, subject to re -notification. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Shah, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None FEBRUARY 24, 2009 EWA, `F A i i. PAGE 3 PLANNING COMMISSION 8. PUBLIC HEARING(S): 8.1 Development Review No. 2008-18 and Minor Variance No. 2008-02 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.52, the applicant requested 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 MinorVariance was requested to allow the exposed height of retaining wall to be increased from six (6) feet to eight (8) feet. PROJECT ADDRESS PROPERTY OWNER: 3121 Steeplechase Diamond Bar, CA 91765 Arun and Indu Jain 1301 Glenthorpe Drive Walnut, CA 91789 APPLICANT: Pete Volbeda 615 E. Benson Avenue, Unit C Upland, CA 91786 SP/Laufenburger recommended that the Planning Commission continue this matter to March 10, 2009, to allow the applicant time to prepare the submittal items. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Pete Volbeda, Architect, stated that the applicant agreed with staff's recommendation for continuance. C/Lee moved, C/Shah seconded, to continue the public hearing to a date uncertain, subject to re -notification. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Shah, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None FEBRUARY 24, 2009 PAGE 4 PLANNING COMMISSION 8.2 Development Review No. 2008-19 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval to construct a two-story, 2859 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 Indian Creek Road, located to the west of 2112 Indian Creek Road (Tract 30093, Lot 14; APN 8713-041-004) Diamond Bar, CA 91765 PROPERTY OWNER: John Gasparian 2112 Indian Creek Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 615 E. Benson Avenue, Unit C Upland, CA 91786 SP/Laufenburger presented staff's report and referred the Commission to a letter from "The Country Estates" Homeowners Association indicating it disapproved the proposed design of the home. The letter also discusses lot lines, a matter that rests between the applicant and the HOA. The discussion regarding lot lines is not before the Planning Commission. this evening, only the development of a single family home on a legal lot. Staff recommended Planning Commission approval of Development Review No. 2008-19, based on the Findings of Fact, and subject to conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Pete Volbeda, Architect, explained the project, the house his firm previously designed in which the applicant is currently living, indicated that the property owner uses both lots and indicated that this project attempts to match the style of the current home to make the project blend in. He requested Planning Commission approval. DD RAF T FEBRUARY 24, 2009 PAGE 5 PLANNING COMMISSION C/Lee said he liked the design and wanted to know why "The Country Estates" did not approve the design. Chair/Nelson said he appreciated the question and was determined that the Planning Commission remain on legal ground. ACDD/Gubman stated that the decision before the Planning Commission this evening is whether or not to approve this project based on the development standards set forth in the City's Development Code and whether or not the Planning Commission can make the finding that the design is appropriate. The Planning Commission's approval is a stand alone action. At the same time, the property owner is also subject to the CC&R's and bylaws of "The Country Estates" Homeowners Association. The homeowner's obligation is to obtain approval from the Planning Commission as well as The Country Estates Homeowners Association. C/Lee insisted he wanted to know both sides so that he could make an informed decision. He asked ACDD/Gubman if it would be ok to ask the applicant to respond. ACDD/Gubman responded yes. Mr. Volbeda said that he has constructed numerous homes within The Country Estates and has always obtained Association approval. The applicant anticipates it will be successful in getting approval from the HOA. C/Lee asked if the opposition was legitimate and with foundation and Mr. Volbeda said he could not answer that question. He had previous opposition which he was able to overcome. He expects to receive approval in this instance. Gary Jackson, 675 Masters Circle, New Castle Construction said he was the builder of the original home for the property owner and was involved in the design of and planned to build the new home. Frank LeRoy, Chairman, Architectural Committee, The Country Estates Homeowners Association, said the Committee does not have a problem with the house and had requested more time to study the issue of breaking up the lots. Mr. LeRoy said an option to do a lot merge instead of a lot line adjustment was discussed which would allow one continuous estate. The Association is attempting to avoid problems down the line. C/Shah asked what type of problem Mr. LeRoy anticipated if there were two separate owners. Mr. LeRoy responded that there is not a lot of separation between the two dwellings and when one buys a home of this caliber in The FEBRUARY 24, 2009 Q ®RAF T PAGE 6 PLANNING COMMISSION Country Estates one would be giving up a lot of privacy. As the map indicates the street frontage is approximately half the size of the driveway. When there is a shared driveway there should be covenants that rest with each of the properties with respect to who maintains the shared driveway. John Gasparian, property owner, said that when he originally purchased the property it was two separate parcels that allowed two separate residences because he hoped one of his children would want to build a home next to him. Now it is just he and his wife who live there and he would like to get someone to live in to help him and his wife. Because he receives dialysis he would like to have a dialysis live-in expert to administer treatment every other day as required. He cannot understand why The Country Estates HOA would have objection to him building a separate residence on the separate property. The driveway is wide enough to accommodate two-way traffic. SP/Laufenburger responded to Chair/Nelson that the proposed project meets the development standards of the City of Diamond Bar, that in staff's opinion it is not adverse to the character of the neighborhood and there currently exists two separate legal lots and the lot line adjustment is a separate, ministerial matter that is outside of the Planning Commission's purview. C/Lee apologized for giving his opinion about the project before listening to testimony because he did not want to influence his colleagues in any way. Chair/Nelson closed the public hearing. C/Shah moved, C/Lee seconded to approve Development Review No. 2008-18 and Minor Variance No. 2008-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Nolan, VC/Torng, Shah, Chair/Nelson None None 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan said she would attend the Planning Commission Institute. �R.A r --T FEBRUARY 24, 2009 PAGE 7 PLANNING COMMISSION C/Lee commented that as a Commissioner he would like to have more information from the applicant and architect even if the responses do not relate to the project approval and felt he should be allowed to ask questions. C/Shah thanked his colleagues for their good wishes and concerns during his absence. He fell ill and then fell ill again and had to miss more than one meeting. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. ACDD/Gubman stated that on Thursday the City of Industry City Council is scheduled to take action on the NFL Stadium project. Staff and special legal counsel from Diamond Bar will be present. Staff expects that the Industry City Council will approve the project at some point in the future. Diamond Bar is prepared to move forward with a legal response to the decision should Industry elect to approve the project without addressing the numerous environmental issues and deficiencies in the EIR. The Diamond Bar City Website is updated on an ongoing basis to keep the public informed. VC/Torng said he received a flyer today encouraging support of the stadium. Included was a statement indicating that initially the site was approved as a commercial development. The flyer also states that daily traffic counts for a fully developed commercial center would be 67,000 cars and for the NFL Stadium it would result in 58 or 59,000 cars on a game day only. He asked if the flyer was correct. ACDD/Gubman said the flyer was misleading. The flyer refers to a reduction in the square footage that does not include the square footage of the stadium and stadium seating that encircles the field. This project is, in reality is approximately six million square feet. The traffic may have a different pattern but the statistics are highly misleading and disingenuous to say to the public that traffic impacts will be less for the stadium. ACDD/Gubman responded to C/Shah that staff is not aware that Walnut has filed a lawsuit againstthe project. The statute of limitations for filing a lawsuit is 30 days after the certification of the EIR is filed with the Los Angeles County Recorded or within 180 days following certification, if no filing is made with the County, neither of which has occurred. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. FEBRUARY 24, 2009 PAGE 8 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:41 p.m. The foregoing minutes are hereby approved this 10th day of March, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Chairman a DRAT T MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 24, 2009 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Tony Torng, Chairman Steve Nelson. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger, Senior Planner; Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of February 10, 2009. VC/Torng moved, C/Nolan seconded, to continue this item to the March 10,;. 2009, meeting. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Shah ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. FEBRUARY 24, 2009 8. PUBLIC HEARING(S): PAGE 3 PLANNING COMMISSION 8.1 Development Review No. 2008-18 and Minor Variance No. 2008-02 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.52, the applicant requested 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 was requested to allow the exposed height of retaining wall to be increased from six (6) feet to eight (8) feet. PROJECT ADDRESS PROPERTY OWNER: 3121 Steeplechase Diamond Bar, CA 91765 Arun and Indu Jain 1301 Glenthorpe Drive Walnut, CA 91789 APPLICANT: Pete Volbeda 615 E. Benson Avenue, Unit C Upland, CA 91786 S P/Laufenburger recommended that the Planning Commission continue this matter to March 10, 2009, to allow the applicant time to prepare the submittal items. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Pete Volbeda, Architect, stated that the applicant agreed with staff's recommendation for continuance. C/Lee moved, C/Shah seconded, to continue the public hearing to a date uncertain, subject to re -notification. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Shah, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None M FEBRUARY 24, 2009 PAGE 5 PLANNING COMMISSION C/Lee said he liked the design and wanted -to know why "The Country Estates" did not approve the design. Chair/Nelson said he appreciated the question and was determined that the Planning Commission remain on legal ground. ACDD/Gubman stated that the decision before the Planning Commission this evening is whether or not to approve this project based on the development standards_ set forth in the City's Development Code and whether or not the Planning Commission can make the finding that the design is appropriate. The Planning Commission's approval is a stand alone action. At the same time, the property owner is also subject to the CC&R's and bylaws of "The Country Estates" Homeowners Association. The homeowner's obligation is to obtain approval from the Planning Commission as well as The Country Estates Homeowners Association. C/Lee insisted he wanted to know both sides so that he could make an informed decision. He asked ACDD/Gubman if it would be ok to ask the applicant to respond. ACDD/Gubman responded yes. Mr. Volbeda said that he has constructed numerous homes within The Country Estates and has always obtained Association approval. .The applicant anticipates it will be successful in getting approval from the HOA. C/Lee asked if the opposition was legitimate and with foundation and Mr. Volbeda said he could not answer that question. He had previous opposition which he was able to overcome. He expects to receive approval in this instance. Gary Jackson, 675 Masters Circle, New Castle Construction said he was the builder of the original home for the property owner and was involved in the design of and planned to build the new home. Frank LeRoy, Chairman, Architectural Committee, The Country Estates Homeowners Association, said the Committee does not have a problem with the house and had requested more time to study the issue of breaking up the lots. Mr. LeRoy said an option to do a lot merge instead of a lot line adjustment was discussed which would allow one continuous estate. The Association is attempting to avoid problems down the line. C/Shah asked what type of problem Mr. LeRoy anticipated if there were two separate owners. Mr. LeRoy responded that there is not a lot of separation between the two dwellings and when one buys a home of this caliber in The ��R 7 FEBRUARY 24, 2009 PAGE 7 PLANNING COMMISSION C/Lee commented that as a Commissioner he would like to have more information from the applicant and architect even if the responses do not relate to the project approval and felt he should be allowed to ask questions. C/Shah thanked his colleagues for their good wishes and concerns during his absence. He fell ill and then fell ill again and had to miss more than one meeting. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. ACDDIGubman stated that on Thursday the City of Industry City Council is scheduled to take action on the NFL Stadium project. Staff and special legal counsel from Diamond Bar will be present. Staff expects that the Industry City Council will approve the project at some point in the future. Diamond Bar is prepared to move forward with a legal response to the decision should Industry elect to approve the project without addressing the numerous environmental issues and deficiencies in the EIR. The Diamond Bar City Website is updated on an ongoing basis to keep the public informed. VC/Torng said he received a flyer today encouraging support of the stadium. Included was a statement indicating that initially the site was approved as a commercial development. The flyer also states that daily traffic counts for a fully developed commercial center would be 67,000 cars and for the NFL Stadium it would result in 58 or 59,000 cars on a game day only. He asked if the flyer was correct. ACDD/Gubman said the flyer was misleading. The flyer refers to a reduction in the square footage that does not include the square footage of the stadium and stadium seating that encircles the field. This project is, in reality is approximately six million square feet. The traffic may have a different pattern but the statistics are highly misleading and disingenuous to say to the public that traffic impacts will be less for the stadium. ACDD/Gubman responded to C/Shah that staff is not aware that Walnut has filed a lawsuit against the project. The statute of limitations forfiling a lawsuit is 30 days after the certification of the EIR is fled with the Los Angeles County Recorded orwithin 180 days following certification, if no filing is made with the County, neither of which has occurred. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. 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: MEETING DATE: CASE/FILE NUMBER: ,. March 10, 2009 Development Review No. 2008-18 and Minor Variance 2008-02 PROJECT LOCATION: 3121 Steeplechase Lane, Diamond Bar, CA 91765 (Lot 3 of Parcel Map 292-36-37, Assessor Parcel No. 8713-017-112) APPLICATION REQUEST: 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 6 feet to 7.5 feet approximately 15 feet from the southerly property line. PROPERTY OWNERS APPLICANTS: Arun and Indu Jain 1301 Glenthorpe Drive Diamond Bar CA 91789 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 ("The Country") and fronts on Steeplechase Lane, which is a fully improved private street. The property is located on a curve and is an irregular shaped vacant lot containing 34,850 square feet (0.8 acres) of land area. The site is legally described as Lot 3 of Parcel Map No. 292-36-37, and the Assessor Parcel Number is 8713-017-112. B. Project Description: The applicant requests approval to construct a two-story, 9,654 square -foot single family residence with an attached 1,114 square foot garage. The proposed dwelling unit contains four (4) bedrooms and six (6) bathrooms. A minor variance is requested tq allow the retaining walls on the site to have an exposed height of up to a maximum of 7.5 feet at the south property line. 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 is one oak tree located along the southerly side property line on the adjacent property; this tree will be protected during construction. ANALYSIS: A. Review Authority (Diamond Bar Municipal Code, Chapter 22.48 and 22.52) New construction on a vacant lot requires Planning Commission approval of a Development Review application (DMMC 22.48). Increasing the exposed height of retaining walls by 25 percent requires approval of Minor Variance (DBMC 22.52.) B. Site and Surrounding General Plan,_ Zoning and Uses Page 2 DR 2008-18 and MV 2008-02 General Plan Designation Zoning District Land Use Site Rural Residential RR Vacant Land North Rural Residential RR Single Family Residential South Rural Residential RR Single Family Residential East Rural Residential RR Single Family Residential West Rural Residential RR Vacant Land Page 2 DR 2008-18 and MV 2008-02 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 & 12'-2" — north side 10 on the other side. 20'-10" — west side Yes Side yard minimum 25 feet 73" — north side between adjoining N/A — Vacant land to Yes structures west. Rear setback 25 feet from Building Pad 25 feet Yes Lot Coverage Maximum of 30% 18% Yes Building height limit 35 feet 30'-8" Yes Retaining Wall 6 feet Minor Variance Height H 7.5 feet request for 25% height increase Landscaping 50% of front yard 50% Yes Driveway Width Maximum 14 feet @ PL 14 feet Yes Parking 2 in fully enclosed garage Four (4) spaces in two Chapter 22.30 2 -car garages Yes 2. Site and Grading: The site steeply slopes down from the southeasterly portion of the lot to the building pad, with a descending slope at the rear of the pad; the north side of the building pad is at street level. The average slope of the site is 18.9%. The applicant indicates that the proposed project will require 377 cubic yards of cut, and 4,423 cubic yards of fill, resulting in 4,046 cubic yards of material to be imported to the site. 3. Elevations: The architectural style is a Spanish design with clay tile roof treatment, smooth stucco walls, wrought iron railings and doors, 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 Page 3 DR 2008-18 and MV 2008-02 Modification Plan requirements. The submitted preliminary landscape plan indicates that the future landscaping will comply with the Fire Department's regulations and guidelines. The applicant indicates that over 50% of the required front yard area will be landscaped with plant material. The tiered retaining walls and slopes on 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 Invasive Plant Council. D. Minor Variance The proposed development incorporates retaining walls, as is common when developing on a hillside to create a usable building and yard area. The Diamond Bar Development Code (DBDC) allows retaining walls up to 6 feet in height and permits up to a 30 percent increase in height (up to 8 feet) with the approval of a minor variance. The applicant is requesting a minor variance to allow a 7.5 foot high retaining wall approximately 15 feet from the south property line in order to reduce the amount of slope that has to be cut, preserving an existing oak tree located on the adjacent property near the property line, and increasing the size of the yard area. The portion of the wall that will be 7.5 feet in height is less than sixteen (16) linear feet in length and will not be visible to the street or neighboring views; the walls will only be exposed to the proposed residence. Given the fact that the increased height will protect an oak tree and that there will be little to no visibility impact on the surrounding neighborhood staff recommends the Planning Commission approve the requested Minor Variance. E. 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 cross sections to demonstrate that the proposed structure will comply with the City's maximum building height requirements. F. 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. Page 4 DR 2008-18 and MV 2008-02 NOTICE OF PUBLIC HEARING: The item was continued from the February 24, 2009, Planning Commission meeting to the March 10, 2009, meeting. Public hearing notices were mailed on February 13, 2009, 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. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Development Review No. 2008-18 and Minor Variance 2008-02 based on the findings set forth under Section 22.48.040 and 22.52.040 of the Development Code, subject to conditions. Prepared by: Reviewed by Katherine Lau en u 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 Page 5 DR 2008-18 and MV 2008-02 PLANNING COMMISSION RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2008-18 AND MINOR VARIANCE NO. 2008-02 FOR THE REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH 7.5 FOOT HIGH RETAINING WALLS AT THE SOUTH PROPERTY LINE ON LOT NO. 3 OF PARCEL MAP 292-363-37 LOCATED AT 3121 STEEPLECHASE LANE, DIAMOND BAR, CA (APN 8713-017-112) A. RECITALS The Planning Commission considered an application filed by Pete Volbeda, on behalf of the property owners, Arun and Indu Jain, requesting approval of plans to construct a new two-story, 9,654 square -foot single-family residence with an attached four -car, 1,114 square -foot garage. The location of the proposed project is 3121 Steeplechase Lane. 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 3 of Parcel Map 292-363-36, and the Assessor's Parcel Number is (APN) 8713-017-112. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and the Inland Valle) 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 March 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. 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 CEQA in accordance with the provisions of Planning Commission Resolution No. 2009- 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 of the Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence is consistent with the goals and objectives of the long-range planning policy documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and appearance of the surrounding existing development. The proposed project is an infill development that will complement the neighborhood residential character. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. 2 Planning Commission Resolution No. 2009- 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. MINOR VARIANCE f. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning district or creates an unnecessary and non self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. The Minor Variance request is to allow the retaining walls on the site to have an exposed height of up to a maximum of 7.5 feet at the south property line. The site steeply slopes down from the southeasterly portion of the lot to the building pad, with a descending slope at the rear of the pad, the north side of the building pad is at street level. Constructing retaining walls to maintain the slope at the southeasterly portion of the lot will allow the applicant to maintain the building pad at street level as is common for most of the neighboring properties and also allow for the protection of an oak tree located on the vacant property to the south. The Development Code would require cutting into the slope and potentially damaging the oak tree located near the property line. Many homes in the Country Estates have a series of retaining walls to create the pad, therefore, the project is consistent with the neighborhood. g. Granting the minor variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the minor variance is sought. Due to the combination of special circumstances applicable to the property, as described above in 3f, the strict application of the Development Code to the wall height denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts that creates an unnecessary and non -self 3 Planning Commission Resolution No. 2009- created hardship. As a result, granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought. h. Granting the minor variance is consistent with the general plan and any applicable specific plan. As stated in Item 3e, 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. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 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 99 Section 95303(a) (New Construction of one single-family residence) of the CEQA Guidelines. No further environmental review is required. 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 4 Planning Commission Resolution No. 2009- 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, placement and maintenance. The final landscape plan shall be submitted to the Fire Department for review and approval. (5) 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. (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 owners Mr. and Mrs. Arun Jain 1307 Glenthorpe Dr., Diamond Bar, CA 91789. APPROVED AND ADOPTED THIS 10TH DAY OF MARCH 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. , Chairman 5 Planning Commission Resolution No. 2009- 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 March, 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 6 Planning Commission Resolution No. 2009- t�S9� COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: DR 2008-18 and MV 2008-02 SUBJECT: New Single Family Residence and Minor Variance for Wall Height PROPERTY Arun and Indu Jain OWNER: 1301 Glenthorpe Drive Diamond Bar, CA 91789 APPLICANT: Pete Volbeda 180 N. Benson Ave Ste. D Upland, CA 91786 LOCATION: 3121 Steeplechase Lane, Diamond Bar, CA ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 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. 7 Planning Commission Resolution No. 2009- (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. 2008-18 and Minor Variance No. 2008-02, 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 commercial/institutional purposes, or otherwise used as a separate 8 Planning Commission Resolution No. 2009- 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 come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2008-18 and Minor Variance 2008-02 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. 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. 9 Planning Commission Resolution No. 2009- E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. 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 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. 6. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 7. Retaining walls shall not exceed an exposed height of 7.5 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 4.5 feet as delineated on Exhibit "A". 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. 10 Planning Commission Resolution No. 2009- 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. B. SOILS REPORT/GRADING/RETAINING WALLS Prior to grading plan submittal, a Geotechnical Engineer, licensed by the by the applicant for approval by the City. geotechnical 'report prepared by a State of California, shall be submitted 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 11 Planning Commission Resolution No. 2009- 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. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13. An as -graded geotechnical report shall be submitted for review and approval prior to releasing building permits for the foundation of the residential structure. 14. 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. 12 Planning Commission Resolution No. 2009- 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. OFF-SITE STREET IMPROVEMENTS (None) E. UTILITIES (None) F. SEWERS/SEPTIC TANK Applicant shall obtain connection permit(s) for the sewer lateral from the City and County Sanitation District prior to issuance of building permits. 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division. Sewer plans shall be submitted for review and approval by the City. 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. 13 Planning Commission Resolution No. 2009- 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. Specify 5/8" type X between the garage ceiling and the livable space above, and a 13/8" solid core self closing door between the house and garage. 9. A height survey may be required at completion of framing. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 11. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Each building square foot; b. Each building height; C. Type of construction; d. Each group occupancy; and e. Property line location in relation to each building (side yard) 12. 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 Diamond Bar, CA 91789 (909) 595-1261 13. Please submit a total of 5 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. 14. All balconies shall be designed for 1001b. live load. 15. Guardrails shall be designed for 201b. load applied laterally at the top of the rail. 16. Indicate all easements on the site plan. 17. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of 14 Planning Commission Resolution No. 2009- foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 18. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 19. 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. 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 24. 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: 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 the requirements of the fire zone. 2. All unenclosed under -floor areas shall be constructed as exterior wall. 3. 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. 15 Planning Commission Resolution No. 2009- 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 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"Y"'.' .r', f /`_•.- • y�.. 11:'f"'I ,IH"tl•ry �!y`t slt•IN:r TiM nN'. 00 v.1.4 r, - _ up�y,JVERY w�e4w'•` 1 ` �'� 1'HryhL l - - Y PI i'A`JI PFINTI N4iTH90 r]F PTYM1ICNT. : _�_ _.r � � 7 .• � j0:1 Evtx� Mal C«a rac r+• � � H C)+j -1 f � � � r' � 1 FROM PgppnwT e C to A •vS'} ;": i ; d.T �. i7 �i„- r"" - YA.LJ• T U% -� r _ CITY OF DIAMOND BAR. NOTICE OF PUBLIC MEETING ellinnfiat AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On March 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 March 5, 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 March 9, 2009, at Diamond Bar, California. Stella Marquez Community Development Department &\\affidavitposting.doc FOOrov by on ' and is ready to, PLANNING COMMISSION AGENDA FILE COPY March 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 Tomg 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 II 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: infoci.diamond-barca.us Next Resolution No. 2009-05 CITY OF DIAMOND BAR PLANNING COMMISSION t Tuesday, March 10, 2009 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice- Chairman Tony Torng, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. REORGANIZATION OF PLANNING COMMISSION: Selection of Chairman and Vice -Chairman. 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Planning Commission. 4. APPROVAL OF AGENDA: Chairman 5. 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: 5.1 Minutes of Regular Meeting: February 10, 2009. 5.2 Minutes of Regular Meeting: February 24, 2009. 6. OLD BUSINESS: None. 7. NEW BUSINESS: None. 8. CONTINUED 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 MARCH 10 2009 PAGE 2 PLANNING COMMISSION AGENDA 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. (Continued from February 24, 2009) Project Address: 3121 Steeplechase Property Owner: Arun and Indu Jain 1301 Glenthorpe Drive Walnut, CA 91789 Applicant: Pete Vol beda 615 E. Benson Ave., Unit D 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. 2008-18, Minor Variance No. 2008-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 10. STAFF COMMENTS / INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects: 11. SCHEDULE OF FUTURE EVENTS: STATE OF THE CITY: Thursday, March 12, 2009 5:00 p.m. — 7:00 p.m. Diamond Bar Center, Grand Ballroom 1600 Grand Avenue CITY COUNCIL MEETING: Tuesday, March 17, 2009 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive MARCH 10 2009 PAGE 3 PLANNING COMMISSION AGENDA PLANNING COMMISSION MEETING: PLANNERS INSTITUTE: PARKS AND RECREATION COMMISSION MEETING: 12. ADJOURNMENT: Tuesday, March 24, 2009 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive March 25 — March 27, 2009, Marriott Hotel & Conference Center Anaheim, CA Thursday, March 26, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 10, 2009 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Vice Chairman Tony Torng, Chairman Steve Nelson. Absent: Commissioner Jack Shah was excused. 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: None. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of January 27, 2009. VC/Torng moved, C/Nolan seconded to approve Consent Calendar Item 4.1 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Tomg, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING: 7.1 Development Review No. 2007-25 — Under the authority of Diamond Bar Development Code Section 22.48, the applicant requested approval to DRAFT FEBRUARY 10, 2009 PAGE 2 PLANNING COMMISSION 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 Adddress: Property Owner: Applicant: 2706 Indian Creek, (Tract 23483, Lot 102 APN 8713-036-018) Diamond Bar, CA 91765 Basant Bhatia 17753 Via San Jose Rowland Heights, CA 91748 Pete Volbeda 615 E. Benson Avenue, Unit C Upland, CA 91786 SP/Laufenburger presented staffs report and recommended Planning Commission approval of Development Review No. 2007-25 based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Nelson asked if there was discussion or consideration of recommending a variance to bring the home closer to the street to reduce the grading. SP/Laufenburger responded that in this particular case the applicant at first submitted a request to reduce the front yard setback. After proceeding through the design process with staff over a period of time the applicant concluded that the project could meet the front yard setback and still maintain the rear yard setback with the same improvements resulting in reduction of grading. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Pete Volbeda, applicant, explained the proposed design. He stated that he read staffs report and concurred with the conditions of approval. Chair/Nelson closed the public hearing. C/Lee moved, C/Nolan seconded to approve Development Review No. 2007-25, based on the Findings of Fact, and subject to the conditions of DDRAFT FEBRUARY 10, 2009 PAGE 3 PLANNING COMMISSION approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Tomg, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 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 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 25, 2008, Senate Bill 1185 went into effect and automatically extended the expiration date on existing Vesting Tentative Maps for twelve (12) additional months past their expiration dates. The projected filing of the Final Map may be delayed beyond this 4year approval period. The time extension will provide an additional year until February 21, 2001, for the applicant to file the Final Map. Project Address: Property Owner: Directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane APN No's: 8713-023-002, 8713-012-04, 8713-023- 005, 8713-023-004 and 8713-024-002. Millennium Diamond Road Partners, LLC 3731 Wilshire Boulevard, Suite 850 Los Angeles, CA 90010 ACDD/Gubman requested that at this time the Planning Commission continue this matter to the next meeting date of February 24, 2009, in order to allow staff an opportunity to properly re-notice the project. There were no ex parte disclosures. Chair/Nelson opened the public hearing. There was no one present who wished to speak on this matter. Chair/Nelson closed the public hearing. a DRAFT FEBRUARY 10, 2009 PAGE 4 PLANNING COMMISSION C/Nolan moved, VC/Torng seconded, to reopen the public hearing and continue the matter to February 24, 2009. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Tomg, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng thanked ACDD/Gubman and staff for providing him with information on the proposed NFL Stadium because it is an important matter for the City's consideration. He said he liked today's presentation that included photographs of the project from all sides. Chair/Nelson said he wished C/Shah a speedy recovery. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Planners Institute — March 25-27, 2009 — Anaheim, California ACDD/Gubman said that the City would pay for Commissioners to attend and Commissioners are requested to respond their intentions via email. 9.2 Public Hearing dates for future projects. ACDD/Gubman stated that in addition to consideration of Tentative Tract Map 53430, there will be two additional review applications for new single family homes within "The Country Estates," one on Steeplechase and one on Indian Creek. Chair/Nelson asked the status of the proposed AERA project. ACDD/Gubman responded that staff has had no communication with AERA Energy in almost a year. The applicant and the City reached an impasse on a number of issues and with the down turn in the economy the project may not be coming before the Commission any time soon. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ii RAFT FEBRUARY 10, 2009 PAGE 5 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:17 p.m. The foregoing minutes are hereby approved this 10th day of March, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Chairman r3 DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 24, 2009 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Tony Torng, Chairman Steve Nelson. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger, Senior Planner; Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of February 10, 2009. VC/Torng moved, C/Nolan seconded, to continue this item to the March 10,,, 2009, meeting. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None. Lee, Nolan, VC/Torng, Chair/Nelson None Shah None 6. NEW BUSINESS: None. DRAkr FEBRUARY 24, 2009 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARING: 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 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 25, 2008, Senate Bill 1185 went into effect and automatically extended the expiration date on existing Vesting Tentative Maps for 12 additional months past their expiration dates. The projected filing of the Final Map may be delayed beyond this four year approval period. The time extension will provide an additional year until February 21, 2010, 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 No's: 8713-023-002, 8713-012-04, 8713-023- 005, 8713-023-004 and 8713-024-002. PROPERTY OWNER: Millennium Diamond Road Partners, LLC 3731 Wilshire Boulevard, Suite 850 Los Angeles, CA 90010 SP/Laufenburger recommended that the Planning Commission continue this matter to a future date uncertain at this time, subject to re -notification. There were no ex parte disclosures. Chair/Nelson opened the public hearing. There was no one present who wished to speak on this matter. C/Nolan moved, VC/Torng seconded, to continue the matter to a date uncertain, subject to re -notification. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Shah, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ,ODRAFT FEBRUARY 24, 2009 PAGE 3 PLANNING COMMISSION 8. PUBLIC HEARING(S): 8.1 Development Review No. 2008-18 and Minor Variance No. 2008-02 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.52, the applicant requested 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 was requested to allow the exposed height of retaining wall to be increased from six (6) feet to eight (8) feet. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 3121 Steeplechase Diamond Bar, CA 91765 Arun and Indu Jain 1301 Glenthorpe Drive Walnut, CA 91789 Pete Volbeda 615 E. Benson Avenue, Unit C Upland, CA 91786 SP/Laufenburger recommended that the Planning Commission continue this matter to March 10, 2009, to allow the applicant time to prepare the submittal items. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Pete Volbeda, Architect, stated that the applicant agreed with staffs recommendation for continuance. C/Lee moved, C/Shah seconded, to continue the public hearing to a date uncertain, subject to re -notification. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Shah, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None RDRAFT FEBRUARY 24, 2009 PAGE 4 PLANNING COMMISSION 8.2 Development Review No. 2008-19 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval to construct a two-story, 2859 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 Indian Creek Road, located to the west of 2112 Indian Creek Road (Tract.30093, Lot 14; APN 8713-041-004) Diamond Bar, CA 91765 PROPERTY OWNER: John Gasparian 2112 Indian Creek Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 615 E. Benson Avenue, Unit C Upland, CA 91786 SP/Laufenburger presented staffs report and referred the Commission to a letter from "The Country Estates" Homeowners Association indicating it disapproved the proposed design of the home. The letter also discusses lot lines, a matter that rests between the applicant and the HOA. The discussion regarding lot lines is not before the Planning Commission this evening, only the development of a single family home on a legal lot. Staff recommended Planning Commission approval of Development Review No. 2008-19, based on the Findings of Fact, and subject to conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Pete Volbeda, Architect, explained the project, the house his firm previously designed in which the applicant is currently living, indicated that the property owner uses both lots and indicated that this project attempts to match the style of the current home to make the project blend in. He requested Planning Commission approval. RDRPT-T FEBRUARY 24, 2009 PAGE 5 PLANNING COMMISSION C/Lee said he liked the design and wanted to know why "The Country Estates" did not approve the design. Chair/Nelson said he appreciated the question and was determined that the Planning Commission remain on legal ground. ACDD/Gubman stated that the decision before the Planning Commission this evening is whether or not to approve this project based on the development standards set forth in the City's Development Code and whether or not the Planning Commission can make the finding that the design is appropriate. The Planning Commission's approval is a stand alone action. At the same time, the property owner is also subject to the CC&R's and bylaws of "The Country Estates" Homeowners Association. The homeowner's obligation is to obtain approval from the Planning Commission as well as The Country Estates Homeowners Association. C/Lee insisted he wanted to know both sides so that he could make an informed decision. He asked ACDD/Gubman if it would be ok to ask the applicant to respond. ACDD/Gubman responded yes. Mr. Volbeda said that he has constructed numerous homes within The Country Estates and has always obtained Association approval. The applicant anticipates it will be successful in getting approval from the HOA. C/Lee asked if the opposition was legitimate and with foundation and Mr. Volbeda said he could not answer that question. He had previous opposition which he was able to overcome. He expects to receive approval in this instance. Gary Jackson, 675 Masters Circle, New Castle Construction said he was the builder of the original home for the property owner and was involved in the design of and planned to build the new home. Frank LeRoy, Chairman, Architectural Committee, The Country Estates Homeowners Association, said the Committee does not have a problem with the house and had requested more time to study the issue of breaking up the lots. Mr. LeRoy said an option to do a lot merge instead of a lot line adjustment was discussed which would allow one continuous estate. The Association is attempting to avoid problems down the line. C/Shah asked what type of problem Mr. LeRoy anticipated if there were two separate owners. Mr. LeRoy responded that there is not a lot of separation between the two dwellings and when one buys a home of this caliber in The DRAFT FEBRUARY 24, 2009 PAGE 6 PLANNING COMMISSION Country Estates one would be giving up a lot of privacy. As the map indicates the street frontage is approximately half the size of the driveway. When there is a shared driveway there should be covenants that rest with each of the properties with respect to who maintains the shared driveway. John Gasparian, property owner, said that when he originally purchased the property it was two separate parcels that allowed two separate residences because he hoped one of his children would want to build a home next to him. Now it is just he and his wife who live there and he would like to get someone to live in to help him and his wife. Because he receives dialysis he would like to have a dialysis live-in expert to administer treatment every other day as required. He cannot understand why The Country Estates HOA would have objection to him building a separate residence on the separate property. The driveway is wide enough to accommodate two-way traffic. SP/Laufenburger responded to Chair/Nelson that the proposed project meets the development standards of the City of Diamond Bar, that in staffs opinion it is not adverse to the character of the neighborhood and there currently exists two separate legal lots and the lot line adjustment is a separate, ministerial matter that is outside of the Planning Commission's purview. C/Lee apologized for giving his opinion about the project before listening to testimony because he did not want to influence his colleagues in any way. Chair/Nelson closed the public hearing. C/Shah moved, C/Lee seconded to approve Development Review No. 2008-18 and Minor Variance No. 2008-02, 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: Lee, Nolan, VC/Torng, Shah, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan said she would attend the Planning Commission Institute. FEBRUARY 24, 2009 PAGE 7 PLANNING COMMISSION C/Lee commented that as a Commissioner he would like to have more information from the applicant and architect even if the responses do not relate to the project approval and felt he should be allowed to ask questions. C/Shah thanked his colleagues for their good wishes and concerns during his absence. He fell ill and then fell ill again and had to miss more than one meeting. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. ACDD/Gubman stated that on Thursday the City of Industry City Council is scheduled to take action on the NFL Stadium project. Staff and special legal counsel from Diamond Bar will be present. Staff expects that the Industry City Council will approve the project at some point in the future. Diamond Bar is prepared to move forward with a legal response to the decision should Industry elect to approve the project without addressing the numerous environmental issues and deficiencies in the EIR. The Diamond Bar City Website is updated on an ongoing basis to keep the public informed. VC/Torng said he received a flyer today encouraging support of the stadium. Included was a statement indicating that initially the site was approved as a commercial development. The flyer also states that daily traffic counts for a fully developed commercial center would be 67,000 cars and for the NFL Stadium it would result in 58 or 59,000 cars on a game day only. He asked if the flyer was correct. ACDD/Gubnnan said the flyer was misleading. The flyer refers to a reduction in the square footage that does not include the square footage of the stadium and stadium seating that encircles the field. This project is, in reality is approximately six million square feet. The traffic may have a different pattern but the statistics are highly misleading and disingenuous to say to the public that traffic impacts will be less for the stadium. ACDD/Gubman responded to C/Shah that staff is not aware that Walnut has filed a lawsuit against the project. The statute of limitations for filing a lawsuit is 30 days after the certification of the EIR is filed with the Los Angeles County Recorded or within 180 days following certification, if no filing is made with the County, neither of which has occurred. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. D AFT FEBRUARY 24, 2009 PAGE 8 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:41 p.m. The foregoing minutes are hereby approved this 10th day of March, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Chairman CIDRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 24, 2009 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Tony Tomg, Chairman Steve Nelson. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger, Senior Planner; Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of February 10, 2009. VC/Torng moved, C/Nolan seconded, to continue this item to the March 10,,, 2009, meeting. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None. Lee, Nolan, VC/Torng, Chair/Nelson None Shah None 6. NEW BUSINESS: None. ADRAFT FEBRUARY 24, 2009 PAGE 3 PLANNING COMMISSION 8. PUBLIC HEARING(S): 8.1 Development Review No. 2008-18 and Minor Variance No. 2008-02 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.52, the applicant requested 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 was requested to allow the exposed height of retaining wall to be increased from six (6) feet to eight (8) feet. PROJECT ADDRESS: 3121 Steeplechase Diamond Bar, CA 91765 PROPERTY OWNER: Arun and Indu Jain 1301 Glenthorpe Drive Walnut, CA 91789 APPLICANT: Pete Volbeda 615 E. Benson Avenue, Unit C Upland, CA 91786 SP/Laufenburger recommended that the Planning Commission continue this matter to March 10, 2009, to allow the applicant time to prepare the submittal items. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Pete Volbeda, Architect, stated that the applicant agreed with staffs recommendation for continuance. C/Lee moved, C/Shah seconded, to continue the public hearing to a date uncertain, subject to re -notification. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Shah, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PORk7-T FEBRUARY 24, 2009 PAGE 5 PLANNING COMMISSION C/Lee said he liked the design and wanted • to know why "The Country Estates" did not approve the design. Chair/Nelson said he appreciated the question and was determined that the Planning Commission remain on legal ground. ACDD/Gubman stated that the decision before the Planning Commission this evening is whether or not to approve this project based on the development standards set forth in the City's Development Code and whether or not the Planning Commission can make the finding that the design is appropriate. The Planning Commission's approval is a stand alone action. At the same time, the property owner is also subject to the CC&R's and bylaws of "The Country Estates" Homeowners Association. The homeowner's obligation is to obtain approval from the Planning Commission as well as The Country Estates Homeowners Association. C/Lee insisted he wanted to know both sides so that he could make an informed decision. He asked ACDD/Gubman if it would be ok to ask the applicant to respond. ACDD/Gubman responded yes. Mr. Volbeda said that he has constructed numerous homes within The Country Estates and has always obtained Association approval. The applicant anticipates it will be successful in getting approval from the HOA. C/Lee asked if the opposition was legitimate and with foundation and Mr. Volbeda said he could not answer that question. He had previous opposition which he was able to overcome. He expects to receive approval in this instance. Gary Jackson, 675 Masters Circle, New Castle Construction said he was the builder of the original home for the property owner and was involved in the design of and planned to build the new home. Frank LeRoy, Chairman, Architectural Committee, The Country Estates Homeowners Association, said the Committee does not have a problem with the house and had requested more time to study the issue of breaking up the lots. Mr. LeRoy said an option to do a lot merge instead of a lot line adjustment was discussed which would allow one continuous estate. The Association is attempting to avoid problems down the line. C/Shah asked what type of problem Mr. LeRoy anticipated if there were two separate owners. Mr. LeRoy responded that there is not a lot of separation between the two dwellings and when one buys a home of this caliber in The DRAFT FEBRUARY 24, 2009 PAGE 7 PLANNING COMMISSION C/Lee commented that as a Commissioner he would like to have more information from the applicant and architect even if the responses do not relate to the project approval and felt he should be allowed to ask questions. C/Shah thanked his colleagues for their good wishes and concerns during his absence. He fell ill and then fell ill again and had to miss more than one meeting. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. ACDD/Gubman stated that on Thursday the City of Industry City Council is scheduled to take action on the NFL Stadium project. Staff and special legal counsel from Diamond Bar will be present. Staff expects that the Industry City Council will approve the project at some point in the future. Diamond Bar is prepared to move forward with a legal response to the decision should Industry elect to approve the project without addressing the numerous environmental issues and deficiencies in the EIR. The Diamond Bar City Website is updated on an ongoing basis to keep the public informed. VC/Torng said he received a flyer today encouraging support of the stadium. Included was a statement indicating that initially the site was approved as a commercial development. The flyer also states that daily traffic counts for a fully developed commercial center would be 67,000 cars and for the NFL Stadium it would result in 58 or 59,000 cars on a game day only. He asked if the flyer was correct. ACDD/Gubman said the flyer was misleading. The flyer refers to a reduction in the square footage that does not include the square footage of the stadium and stadium seating that encircles the field. This project is, in reality is approximately six million square feet. The traffic may have a different pattern but the statistics are highly misleading and disingenuous to say to the public that traffic impacts will be less for the stadium. ACDD/Gubman responded to C/Shah that staff is not aware that Walnut has filed a lawsuit against the project. The statute of limitations for filing a lawsuit is 30 days after the certification of the EIR is filed with the Los Angeles County Recorded or within 180 days following certification, if no filing is made with the County, neither of which has occurred. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. 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: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS: APPLICANTS: STAFF RECOMMENDATION: 8.1 March 10, 2009 Development Review No. 2008-18 and Minor Variance 2008-02 3121 Steeplechase Lane, Diamond Bar, CA 91765 (Lot 3 of Parcel Map 292-36-37, Assessor Parcel No. 8713-017-112) 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 6 feet to 7.5 feet approximately 15 feet from the southerly property line. Arun and Indu Jain 1301 Glenthorpe Drive Diamond Bar CA 91789 Pete Volbeda 180 N. Benson Avenue Suite D Upland, CA 91786 Approval with Conditions BACKGROUND: A. Site Description: The site is located in the Diamond Bar Country Estates ("The Country") and fronts on Steeplechase Lane, which is a fully improved private street. The property is located on a curve and is an irregular shaped vacant lot containing 34,850 square feet (0.8 acres) of land area. The site is legally described as Lot 3 of Parcel Map No. 292-36-37, and the As.sessor Parcel Number is 8713-017-112. B. Project Description: The applicant requests approval to construct a two-story, 9,654 square -foot single family residence with an attached 1,114 square foot garage. The proposed dwelling unit contains four (4) bedrooms and six (6) bathrooms. A minor variance is requested to allow the retaining walls on the site to have an exposed height of up to a maximum of 7.5 feet at the south property line. 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 is one oak tree located along the southerly side property line on the adjacent property; this tree will be protected during construction. ANALYSIS: A. Review Authority (Diamond Bar Municipal Code, Chapter 22.48 and 22.52) New construction on a vacant lot requires Planning Commission approval of a Development Review application (DMMC 22.48). Increasing the exposed height of retaining walls by 25 percent requires approval of Minor Variance (DBMC 22.52.) B. Site and Surrounding General Plan, Zoning and Uses General Plan Zoning District Land Use Designation Site Rural Residential RR Vacant Land North Rural Residential RR Single Family Residential South Rural Residential RR Single Family Residential East Rural Residential RR Single Family Residential West Rural Residential RR Vacant Land Page 2 DR 2008-18 and MV 2008-02 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 Proposed Meets Feature Development Requirements Standards Front setback 30 feet 30 Feet Yes Side Setbacks 15 feet on one side & 12'-2" — north side Yes 10 on the other side. 20'-10" — west side Side yard minimum 25 feet 73" — north side between adjoining N/A — Vacant land to Yes structures west. Rear setback 25 feet from Building Pad 25 feet Yes Lot Coverage Maximum of 30% 18% Yes Building height limit 35 feet 30'--8" Yes Retaining Wall Minor Variance Height 6 feet 7.5 feet request for 25% height increase Landscaping 50% of front yard 50% Yes Driveway Width Maximum 14 feet @ PL 14 feet Yes Parking 2 in fully enclosed garage Four (4) spaces in two Yes Chapter 22.30 2 -car garages 2. Site and Grading: The site steeply slopes down from the southeasterly portion of the lot to the building pad, with a descending slope at the rear of the pad; the north side of the building pad is at street level. The average slope of the site is 18.9%. The applicant indicates that the proposed project will require 377 cubic yards of cut, and 4,423 cubic yards of fill, resulting in 4,046 cubic yards of material to be imported to the site. 3. Elevations: The architectural style is a Spanish design with clay the roof treatment, smooth stucco walls, wrought iron railings and doors, 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 Page 3 DR 2008-18 and MV 2008-02 Modification Plan requirements. The submitted preliminary landscape plan indicates that the future landscaping will comply with the Fire Department's regulations and guidelines. The applicant indicates that over 50% of the required front yard area will be landscaped with plant material. The tiered retaining walls and slopes on 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 noninvasive 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 Invasive Plant Council. D. Minor Variance The proposed development incorporates retaining walls, as is common when developing on a hillside to create a usable building and yard area. The Diamond Bar Development Code (DBDC) allows retaining walls up to 6 feet in height and permits up to a 30 percent increase in height (up to 8 feet) with the approval of a minor variance. The applicant is requesting a minor variance to allow a 7.5 foot high retaining wall approximately 15 feet from the south property line in order to reduce the amount of slope that has to be cut, preserving an existing oak tree located on the adjacent property near the property line, and increasing the size of the yard area. The portion of the wall that will be 7.5 feet in height is less than sixteen (16) linear feet in length and will not be visible to the street or neighboring views; the walls will only be exposed to the proposed residence. Given the fact that the increased height will protect an oak tree and that there will be little to no visibility impact on the surrounding neighborhood staff recommends the Planning Commission approve the requested Minor Variance. E. 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. The submitted grading plans include cross sections to demonstrate that the proposed structure will comply with the City's maximum building height requirements. F. 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. Page 4 DR 2008-18 and MV 2008-02 NOTICE OF PUBLIC HEARING: The item was continued from the February 24, 2009, Planning Commission meeting to the March 10, 2009, meeting. Public hearing notices were mailed on February 13, 2009, 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. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Development Review No. 2008-18 and Minor Variance 2008-02 based on the findings set forth under Section 22.48.040 and 22.52.040 of the Development Code, subject to conditions. Prepared by: Reviewed by Katherine Lau en Senior Planner Greg Gubman, AICP 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 2008-18 and MV 2008-02 PLANNING COMMISSION RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2008-18 AND MINOR VARIANCE NO. 2008-02 FOR THE REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH 7.5 FOOT HIGH RETAINING WALLS AT THE SOUTH PROPERTY LINE ON LOT NO. 3 OF PARCEL MAP 292-363-37 LOCATED AT 3121 STEEPLECHASE LANE, DIAMOND BAR, CA (APN 8713-017-112) A. RECITALS 1. The Planning Commission considered an application filed by Pete Volbeda, on behalf of the property owners, Arun and Indu Jain, requesting approval of plans to construct a new two-story, 9,654 square -foot single-family residence with an attached four -car, 1,114 square -foot garage. The location of the proposed project is 3121 Steeplechase Lane. 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 3 of Parcel Map 292-363-36, and the Assessor's Parcel Number is (APN) 8713-017-112. 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 March 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. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. 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 1 Planning Commission Resolution No. 2009 - 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 of the 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 in fill 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. 2 Planning Commission Resolution No. 2009 - 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. MINOR VARIANCE f. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning district or creates an unnecessary and non self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. The Minor Variance request is to allow the retaining walls on the site to have an exposed height of up to a maximum of 7.5 feet at the south property line. The site steeply slopes down from the southeasterly portion of the lot to the building pad, with a descending slope at the rear of the pad; the north side of the building pad is at street level. Constructing retaining walls to maintain the slope at the southeasterly portion of the lot will allow the applicant to maintain the building pad at street level as is common for most of the neighboring properties and also allow for the protection of an oak tree located on the vacant property to the south. The Development Code would require cutting into the slope and potentially damaging the oak tree located near the property line. Many homes in the Country Estates have a series of retaining walls to create the pad; therefore, the project is consistent with the neighborhood. g. Granting the minor variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the minor variance is sought. Due to the combination of special circumstances applicable to the property, as described above in 3f, the strict application of the Development Code to the wall height denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts that creates an unnecessary and non -self 3 Planning Commission Resolution No. 2009 - created hardship. As a result, granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought. h. Granting the minor variance is consistent with the general plan and any applicable specific plan. As stated in Item 3e, the proposed project is compatible with the scope, scale and appearance of the surrounding existing development. The proposed project is an in fill development that will complement the neighborhood residential character. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 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. 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 4 Planning Commission Resolution No. 2009 - complete list of the plant material to be avoided can be found at the following web address: www.calipc.orq. (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, placement and maintenance. The final landscape plan shall be submitted to the Fire Department for review and approval. (5) 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. (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 owners Mr. and Mrs. Arun Jain 1307 Glenthorpe Dr., Diamond Bar, CA 91789. APPROVED AND ADOPTED THIS 10TH DAY OF MARCH 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: , Chairman 5 Planning Commission Resolution No. 2009- 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 March, 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 6 Planning Commission Resolution No. 2009 - COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: DR 2008-18 and MV 2008-02 SUBJECT: New Single Family Residence and Minor Variance for Wall Height PROPERTY Arun and Indu Jain OWNER: 1301 Glenthorpe Drive Diamond Bar, CA 91789 APPLICANT: Pete Volbeda 180 N. Benson Ave Ste. D Upland, CA 91786 LOCATION: 3121 Steeplechase Lane, 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. 7 Planning Commission Resolution No. 2009- (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. 2008-18 and Minor Variance No. 2008-02, 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. Signed copies of Planning Commission Resolution No. 2009-)0( 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 commercial/institutional purposes, or otherwise used as a separate 8 Planning Commission Resolution No. 2009 - 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 1. The approval of Development Review No. 2008-18 and Minor Variance 2008-02 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 1. 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. 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. 9 Planning Commission Resolution No. 2009- E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. 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 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. 6. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 7. Retaining walls shall not exceed an exposed height of 7.5 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 4.5 feet as delineated on Exhibit "A". F. SOLID WASTE 1. 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. •0 Planning Commission Resolution No. 2009- 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 1. 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. B. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 11 Planning Commission Resolution No. 2009- 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. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13. An as -graded geotechnical report shall be submitted for review and approval prior to releasing building permits for the foundation of the residential structure. 14. 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. 12 Planning Commission Resolution No. 2009- 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. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. OFF-SITE STREET IMPROVEMENTS (None) E. UTILITIES (None) F. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) for the sewer lateral from the City and County Sanitation District prior to issuance of building permits. 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division. Sewer plans shall be submitted for review and approval by the City. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and 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. 13 Planning Commission Resolution No. 2009- 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 am. and 7:00 p.m. 8. Specify 5/8" type X between the garage ceiling and the livable space above, and a 13/8" solid core self closing door between the house and garage. 9. A height survey may be required at completion of framing. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 11. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Each building square foot; b. Each building height; C. Type of construction; d. Each group occupancy; and e. Property line location in relation to each building (side yard) 12. 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 Diamond Bar, CA 91789 (909)595-1261 13. Please submit a total of 5 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. 14. All balconies shall be designed for 1001b. live load. 15. Guardrails shall be designed for 20Ib. load applied laterally at the top of the rail. 16. Indicate all easements on the site plan. 17. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of 14 Planning Commission Resolution No. 2009 - foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 18. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 19. 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. 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 24. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Fire Department approval 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 the requirements of the fire zone. 2. All unenclosed under -floor areas shall be constructed as exterior wall. 3. 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. 15 Planning Commission Resolution No. 2009- 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 16 Planning Commission Resolution No. 2009 - Development Review 2008-18 & Minor Variance 2008-02 3121 Steeplechase Lane ( eYWtbir I/tvgOca--0-2- 8 PLANNING INDEX USE OF LAN D RESIDENCE S SITE PLAN G GRADING PLAN SS SITE SECTIONS A -B LS CONCEPTUAL LANDSCAPE PLAN 2 1ST FLOOR PLAN 3 2ND FLOOR PLAN 4 ROOF PLAN 5 ELEVATIONS 6 ELEVATIONS 15 SECTIONS OWNER MR AND MRS ARUN JAIN 1301 GLENTHORN WALNUT, CA. 91765 213-675 3232 ZONE R-1 40,000 APN 8713 017 012 PARCEL 3 PM 23382 DR 2008— GROSS LOT AREA 42,139 SQ FT NET LOT AREA 34,850 SQ FT OCCUPANCY R R/U1 TYPE OF CONSTRUCTION VN Average slope is 18.9 % Cut is 377 cu yds A Fill is 4423 cu yds MAIN HOUSE 1ST FLOOR 4130 SF 2ND FLOOR 2511 SF GAME ROOM 1063 SF TOTAL LIVING 7704 SF GARAGE AREA 1114 SF amnres or u.n. wow., wen. FRONT PORCH 129 SF REAR PATIO 1558 SF _J 2ND FLOOR BALC 263 SF CI_ FOOTPRINT HOUSE 6931 SF Lia LOT COVERAGE 198% C-7) sTEFTLE:cli4s LAN r. 16 CONCEPTUAL GRADING PLAN DESSN DATE PLAN CVECK PETE VOL3E3P PpgliiLgauF,E PIEIRHIFig re..7 Ovine, APPROvAL BD SFr RESIDENCE FOR JAIN s DATE 180 N BENSON AVE SUITE D, UPLAND, CA 91786 PARCEL 3 PM 23382 3121 STEEPLECHASE DB TEL 909 373 1150 FA. ._73 .2 ReRIS Val I :I, Z.7 I ••• :v • i• v 1 • r 1 f I. 1 9 UTE I I -77ER, PUTE VOLBEOPI PPghitigallP Pidlififig 0.1. BY i NO N BENSON AVE SUTE D. UPLAND, CA 91786 TEL 909 373 BO SITE SECTIONS a-C-CrED ',pomp I er7 RESIDENCE FOR JAIN 0.7,1 NIAOV, 60 SFr DAM OD PARCEL 3 PM 23382 STEEPLECHASE, DB PRELIMINARY PLANT LEGEND KEY BOTANICAL NAME COMMON NAME SIZE REMARKS TREES LANE rm.— CONCEPTUAL LANDSCAPE PLAN A SHRUBS CAM UN OSU PHR TOO PIT 110 PIT SMALL SHRUBS na°:Zot?"'ri-RU.P". OROUNOCOVER LAWN UILO rAVZ2Zr'pgVluz :=171 'Taxon., arbour OwarE AIOORH Alec amber. ;5 Mixed colors Owe. t..y at In. Nile LEW. 0 LO No 0 12-0. nrT'I'N TV. " 3-2X NA JAMS PA.1 9 63.4 [GARAGE 4.- " -TT 6.3.9• iDININ RM FIN GRADE BELIW FLOG — SHAACE ACCESS - PCit SELEVLSCA1 'FAMILY ROOM I 'PRAYER ROOM I PREFLSCE CONCRETE SLAB 21413 FLR WALL I 'OFFICE I 2NO FLR iii411.22! 100.° 'A67.4AOWTOLF:- COURT a -5- f' -143. - -10c".T I nnt::, DI AN SCALE INCH. 1 FT -00 I?E HE gEStriGSINAgDUDTM-INA?.15. ETAMEONISTO SUPPORTING FLOOR ABOVE CARACF. INCLUDING WALLS/SEAMS/COLUTANS/SUPPORTING II WOOD FRAME' WINDOW 254 1-- 4 IN CROWN MOULDING' 2k FRAmING DOOR EXTERIOR PLASTER - - - - DOOR AS OCCURS -2X6 WOOD FRAME WOOD FRAME WINDOW WINDOW 204 -204 I. --1 1 _ STUCCO h, 2X6 IN CROWN MOULDING DOOR 2% FRAUIRD EXTERIOR PLASTER DOOR JAMB DETAILS 12" RECESS AT DOOR STUCCO MICAL REAR YANDON/ DETAIL @FRONT WINDOW DETAIL FRONT WINDOW DETAIL DOOR JAMB DETAILS WINDOW JAMB DETAILS 12-11- 5.-4. 2-II•5.-4. SEE THIAU FIREPLACE 'GAME Room 1063 SO FT A NEw PLANAAND AND BUILDING DEPT REVIEW AND APPROVAL VAIL BE OBTAINED PRIOR TO Mist -RUCTION CHASE FOR FIREPLACE OPEN TO BELOW 'BEDROOM 3i RAILING HANDRAIL EDGE RAILING LA -k 2ND FLOOR PLAN 1=7-1 3 OF -VEFISTTAWON /300 FOR 'P3 TS OF ROOF NOTES 1 300030 STALL BE CLAY ROOFING TILES 'ACrE121CTELD DEEPER THAN - 'FAO 'LORNgyoNc HIRED DT OWNER ODE GALV SHEET 1-1 -FRONDE BASE FLASHING AT ALL CHIMNEYS AND ROOF WALL JUNCTURES 12 ALL INTERIOR SHEAR WALLS SHALL EXTEND THRU THE ATTIC TO THE ROOF SHEATHING 01=tlgL,L HAVE V4 INCH CORROSION RESISTANT METAL OPENINGS SHALL HAVE V4 MCH CORROSION RESISTANT METAL DESK COVERING ROOFPLAN SCALE 1/4 INCH. I FT - 0 IN TEMATON /300 FOR SPADESOI'laFgillrEhl'UvISIARTI'A 31' gi133nY,F,I'avotor33oEvISIANT[1;'A 3135 >-ceF-Z 0 Li 7: r - Z IX 0 Ld L., _1 LU w OLd Z aJ 0 I1] IN 9E21 RIME < 4,12 P SEDANT RIDGE RIDGE 1-- R/DGE HT 939 kmd SKYLIGHT SKYLIGHT WALL ON BEAM NORTH ELEVATION SCA. 1/1.. FT -0 IN SOUTH ELEVATION PLYNOCO 2% COTS SCALE I/ • I PP -0 IN CIP, ROOD DU - curreR PO CORBELS BALANCE OF RANO. NOT SOO -Ln PLASM OVER DX6 .0 DPI EPTERIOR PIASTER 11.70.1:100. EIZI311.111111111!"- wraRRtioo oxruac 915 60 WATT DICANDESCENT TYPICAL E U U a EI _— WEEP SCREED • 111• CZ KW EN WNWNI•LMIXICI CLAP RODE PLE US TILE CuSTOR BLIND SEE COLOR BOARD CUTTER STYLE. ITALIANATE _ ExtERIOR PLASTER LA HABRA STUCCO WEEP SCREED 35 FT HT ENVELOPE PLASPER OVER an — PLASTER OVER. FOAM TRIM SCALE 1/41- 616/ /41'616/ REAR ELEVATION WEST 1 1-. priir,- 1 �– _ •.ii HT ENVELOPE AT FIREPLACE HEIGHT ENVELOPE !I r. 11 T r--1 1 - I Mill • I. FRONT ELEVATTON FAT SCALE 1/4'1 L I I r 7.1 • J I1 1 !1 11 I IP o hr) 6TAFP •OO10.MOD 1.1.11.1.1.1111101.1 Er. EI • • r 'N' -------------------- RANG WALL R 30 'WET BAR' r— CEI CUE 6n GM 2 4 U, - ST °ORM I I OFFICE I [ENTRY I LIVING RN -63.9 FF 63.9 'BEDROOM 31 FF 63.9 SECTION -A SCALE IR. I FY -0 IN PL 15' -cD\ -F 7-- 1 SE ED 0100001.11310 NONTIN Nom I I.MCL ktikt 1 ril-Will•MAII —17AVRAIUNGS RETUIEINE WELL PLASTER OVER WNG WALL DORIC GOLIAINS MATCH ENTRY 11.7:-IIIla1111=1111.1111=4111,_-111=1111.,_IM- 1111:--771 E-1111-MORM11111-:-111------ E111F,=1111,-t- 1111=111-111E411-;-:.-111F,E11117-1=1._111--t--.1111L --- 1111;_ _ 1111=,1111=1111 11 1111:77]1111==11F-:=1111 :1111. 1111=-----1111,-- 1111Eri-IIIM1111:-, =1111=1111,- SECTION - 1111=1111, SECTION- B GARAGE ELEVATION BEHIND WING WALL gliF11/11111111111 -T 2 0 V) 2% RAFTERS SEE ROOF PLAN TOR STRUCT PLAN FOR SPACING STUDS 016. OS ONE WIT PO CORBEL TRELLIS REAMS 1 TCOLUM NS 'r— R30 INSOL TRUSSES IBREAKFAS Ilybiboo^ I GUEST BDRM NOOK CONCRETE FOOTING FF 63 9 Project Meeting Schedule CITY OF DIAMOND BAR March 10, 2009 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING COMMISSION REVIEW PROJECTS Project Locationpli 1 Case # 1 — — — - r- - - -- - -- - -- -T -„-c -F - CC -.:-.-cc- - PM Apcant --I- - : 3/10/09 1 3/17/09 13/24/09 14/7/09 ___ __ __ ___•===•7=_ _ i = __.. —_ _•–_ ' 4 =– _ --_. _ , _ _ =7= _ : __ _ _—_ _ -Th 3121 STEEPLECHASE DR 2008-18 KL 1 SCOTT WELLS (Two-stoa sirqe family residence) 1 NAN 2008-02 !PH I Cont. i• 1---LiJ- ___. = 7 --- --. -1- —1 – – – – 44141094 4/21/09_1 LEGEND PH = PUBLIC HEARING X = NON PUBLIC HEARING PM = PROJECT MANAGER PC = PLANNING COMMISSION CC = CITY COUNCIL ADMINISTRATIVE REVIEWS Protect Location Case # PM Applicant ! I T -1 -1 NONE PENDING PROJECTS Project Location Case # PMApplicant Status 22878 CANYON VIEW 1 DR 2007-38 DA BILLY CHUNG . APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING FOR ADDITIONAL INFORMATION I INITIAL STUDY RECEIVED. APPLICATION STILL INCOMPLETE DUE TO LACK OF INFORMATION PROVIDED BY APPLICANT CLEAR CREEK CYN/ TTM 06166 I KL I AKBAR OMAR MONUMENT CYN TM 2005-02 _(5 -lot single) family residenti_ 23655 FALCONS VIEW (Demo of and construction of new single farrlilyiedence)_ DR 2006-02 LDM CHIEN YEH I APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING FOR ADDITIONAL INFORMATION DR 2006-39 I DA 1 JAY WALIA Fi-WPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING. _._TE 2g6 -o2_ i ! FORADDITIONALINFORMATION DR 2007-33 LDM ; PINNACLE BUILDING I APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING i I STRUCTURE/ORTIZ 'FOR ADDITIONAL INFORMATION DR 2007-26 DA JOSE MORALES/LEE 1 APPLICATION WITHDRAWN 2461 INDIAN CREEK (New ng I LF rnAyResidence)_ 23135 RIDGELINE 23826 RIDGELINE Customer Cot Label 11-F, Apra 11110 1.1(1 1 1. 1111111 1 11 1• 111 11 a s Ell UNITED STATES poSTAL sERVICE Employee Sigatoture DELIVERY (POSTAL USE ONLY) Post Office To Addresse DAM 0 PM Mo. Day Delivery Attempt larva M Day DAM Employee Stenature Detivery Attempt Time 0 P Delivery Date Time 0 AM Employee Signature UITTS - - 1 ... lut-f•-o7.;.;,-'zi, F. i7r., .: - - — 13i:-:; - ,i'. -- - - - -' - — I. • il.' '•'.: PNAIVEit ..3(' SIGNATURE ty.t. row.: • t .... l., r..,• • y. 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".339 7C 3i, TO: PRONE T TIN.F.ArX Within '1 r n ci <- I or\ 7,5 —41 7a / ()riot; 4.) r r'Y'iAfl'f3 2i875 Ct.;PLFY D? DI All.',",; I) 3AP LA fac/e .14 L FOR PICKUP OR TRACKING: Visit www.usps.com or Call 1-800-222-1811 II•IIII E 11)11)111) 111111 1111.1 .11, EXPRESS MAIL UNITED SPITES pOSTAL SERV ICE Customer Cop) Label 11 April 200 Post OfficeTo Addressee Mo. 13, eistatrg (PosTAL seRvice USE ONLY) Day of Delivery Pe ga tl.xt n Zno f21 trif% Da Day $ • • .sloca Nt Return Receipt Foe t . ,that S Drle god Tat 'a C Ttit'vt A...7. it, it _ P.M ILS S t.l•117.ly ;tv,pt •,A f t.T ANS.: I it ::,,,:ca.;Gerr •DELIVERY (POSTAL USE ONL Delicacy Attempt Time DAM P DAM mployee Signature VDa: Nt pm Employee Signature E PM v ft; -WAIVER OF SIONNTI3IA4. t •.• ' (a• n Addiaionol meochonch.,e in•an,nro aloudvumer of eoynattare rogoe aid at: • o .togita . r 0., 1 :d) 4,4)-,n,'., ale • tx:, e• 4. It • I ••• re 14, t.1,1 etr ok> NO ocuvErty • w.ek., PO ZIP Code —6;1: Employee Signature Mo. Da Delavery Attempt Time St • VT Irataki,N1Y10141g: MEXtiOCI OF PAYMENT. &erase Mel Comerate FROM: (PLEASE PRIPM PHONE( b 3 I"•-• 1 CITY 31A -I, ) 5 rr3PLEY LA 5-4176 • -7'2 -2 FOR PICKUP OR TRACKING: Visit www.usps.com or CaIll-800-222-1811 TO: SPI PRINTS 4 / „pi A/1 (-7/ e- CITY OF DIAMOND BAR., 9W4 NOTICE OF PUBLIC MEETING eninneas AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On March 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 March 5, 2009, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA I declare under penalty of perjury that the foregoing is true and correct. Executed on March 9, 2009, at Diamond Bar, California. Stella Marquez Community Development Department g:\\affidavitposting.doc by 5fi\e.-47- and is ready for Rs