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HomeMy WebLinkAbout07/24/2007PLANNING FILE Copy URI=7_1 July 24, 2007 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865CODlev Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Nelson Tony Torng Kwang Ho Lee Osman Wei 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. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person i . n 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 The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar, The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department, Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The. service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(d-),ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, July 24, 2007 Next Resolution No. 2007-35 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman Tony Torng, Kwang Ho Lee, Kathleen Nolan, Osman Wei 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 Minutes of Regular Meeting: July 10, 2007. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit No. 2007-09, Development Review No. 2007-22 and Variance No .2007-05 — In accordance to Development Code Sections 22.58, 22.48, 22.54 and 22.42 — the applicant is requesting to install a telecommunications facility, #LA73XCO17. The installation consists of antenna attached to a faux elm tree commonly referred to as a "monoelm" and an equipment building to match existing park structures. A Conditional Use Permit approval is required to operate a cell site; Development Review approval is required for the design/architectural review; and the Variance approval is required for the 45 feet tall "i-nonoelm" which exceeds the 35 feet maximum height allowed for a structure. Project Address: Ronald Reagan Park, 2201 Peaceful Hills Drive JULY 24, 2007 Property Owner: City of Diamond Bar Applicant: Sprint Nextel 310 Commerce Irvine, CA 92602 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15303(d), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-09, Development Review No. 2007-22 and Variance No 2007-05, Findings of Fact, and conditions of approval as. listed within the draft resolution. 7.2 Development Review No. 2007-17 — In accordance to Development Code Section 22.48, the applicant is requesting approval of plans to demolish an existing dwelling unit and construct a new three-story 11,818 square foot single- family residence with an attached 3,180 -sq. ft. garage. The subject property is zoned R-1 (40,000) and it contains 57,934 gross square feet of land area. Project Address: 2488 Alamo Heights Road Property Owner: Mr. Wei An Wu 22110 Round Up Drive Walnut, CA 91789 Applicant: Mr. Ming K. Lan, Architect 2791 N. Saturn Street, Unit "C" Brea, CA 92821 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Sections 15303 and 15332, the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2007-17, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Development Review No. 2007-10 — In accordance to Development Code Section 22.48, the applicant is requesting approval of plans to demolish an existing dwelling unit and construct a new three-story 11,158 square foot single- family residence with an attached 2,093 -sq. ft. garage. The subject property is zoned R-1 (40,000) and it contains 49,429 gross square feet of land area. JULY 24, 2007 Project Address: Property Owner: [�OAGE 3 PLANNING COMMISSION AGENDA 22695 Shady Ridge Lane Mr. & Mrs. Rustom 23505 Grand Rim Lane Diamond Bar, CA 91765 Applicant: Mr. Sergio Antadze, xlArt Group, Inc. 17037 Chatsworth Street, Suite 207 Granada Hills, CA 91344 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Sections 15303 and 15332, the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2007-10, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.4 Development Review No. 2006-38 and Minor Variance No. 2007-06 — In accordance to Development Code 22.48, the applicant is requesting approval of plans to construct a new three-story 11,321 square foot single-family residence with an attached 1,350 sq. ft. garage. The subject property is zoned R-1 (40,000) and it contains 50,767 gross square feet of land area. Project Address: 22909 Ridgeline Road Property Owner: Mr. Paul Ghotra 24251 Delta Drive Diamond Bar, CA 91765 Applicant: Mr. Sam Bhogal, United Land Development Corp. 23415 Pleasant Meadow Diamond Bar, CA 91765 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Sections 15303 and 15332, the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-38 and Minor Variance No. 2007-06, Findings of Fact, and conditions of approval as listed within the draft resolution. JULY 24, 2007 PAGE 4 PLANNING COMMISSION AGENDA 1.1 4 7.5 Development Review No. 2006-25 and Variance No. 2006-01 — In accordance to Development Code -Section 22.481 _the applicant is requesting approval of plans to construct a new three-story 7,780 square foot single-family residence with an attached 1,069 sq. ft. garage. The subject property is zoned R-1 (40,000) and it contains 195,149 gross square feet of land area (4.48 - acres). Project Address: 1948 Flint Rock Road Property Owner: Christopher and Heidi Leu 2354 Arcdale Avenue Rowland Heights, CA 91748 Applicant: Mr. Pete Volbeda, Architect 615 N. Benson Avenue, Unit "C" Upland, CA 91786 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt pursuant to the provisions of Article 19 Sections 15303 and 15332 of the State CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission open the public hearing, receive public input and consider the project. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: MOVIES UNDER THE STARS: Wednesday, July 25, 2007 6:30 — 8:00 p.m., Sycamore Canyon Park 22930 Golden Springs Dr. Wednesday, July 25, 2007 — 8:30 p.m. (or immediately following Concert) Sycamore Canyon Park 22930 Golden Springs Dr. JULY 24, 2007 CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: PAGE 5 PLANNING COMMISSION AGENDA Tuesday, August 7, 2007 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, August 9, 2007 - 7:00 p.m. SAQMD/Government Center Hearing Board Room, 21865 Copley Dr. Tuesday, August 14, 2007 - 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, August 23, 2007 - 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 10, 2007 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 Nolan led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng and Chairman Steve Nelson. Also present: Nancy Fong, Community Development Director; and Stella Marquez, Senior Administration Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As Submitted. 4. CONSENT CALENDAR: , VC/Torng moved, C/Lee seconded to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Lee, Nolan, Wei, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARINGS: 7.1 Development Review No. 200514— In accordance with Development Code Section 22.66, the applicant requested a one-year extension of time of the Planning Commission's original approval of this project, which expires on June 28, 2007. The Planning Commission approval allows the construction of a three-story single-family residence with a two -car garage and balconies JULY 10, 2007 A FT PLANNING COMMISSION totaling approximately 5,187 square feet as well as, front, side and rear yard retaining walls not to exceed an exposed height of six feet. PROJECT ADDRESS: 1198 Chisholm Trail Diamond Bar, CA 91765 Mitchell Won 5719 Paramount Lane Pico Rivera, CA 90660 APPLICANT: Brent Hallam Westwood Design 133 E. Bonita Avenue, Suite 202 San Dimas, CA 91773 ODD/Fong presented staff's report and recommended Planning Commission approval of Development Review No. 2005-.14(1), Findings of Fact, and conditions of approval as listed within the draft resolution. There were no disclosures. Chair/Nelson opened the public hearing. Mitchell Won asked for approval of the one-year extension to give him time to address geological concerns. Chair/Nelson closed the public hearing. C/Nolan moved, C/Lee seconded, to approve Development Review No. 2005-14(1), Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS: Nolan, Lee, Wei, VC/Torng Chair/Nelson None None PLANNING COMMISSIONER COMMENTWIN FORMATIONAL ITEMS: None. 9. STAFF COMMENTS/INFORMATIONAL ITEMS. I IN JULY 10, 2007 PAGE 3 PLANNING COMMISSION 9.1 Public Hearing dates for future projects. CDD/Fong reported that there would be four or five public hearing items for the Commission to consider at its July 24 meeting. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 7:05 p.m. Attest: Respectfully Submitted, Nancy Fong, Community Development Director Steve Nelson, Chairman LANNING COMMISSION Off AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE. NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS: APPLICANT: 7.1 July 24, 2007 CUP 2007-09 DR 2007-22 VAR 2007-05 Ronald Regan Park 2201 Peaceful Hills Road Diamond Bar, CA 91765 To install and operate a telecommunication facility in a 40 foot tall faux elm tree and an equipment building. City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Sprint Nextel 310 Commerce Irvine, CA 92602 STAFF RECOMMENDATION: Conditionally Approve On May 16, 2006 City Council approved a lease agreement for Sprint Nextel to have a wireless facility with the approval of a Conditional Use Permit. Applicant, Sprint Nextel Corporation proposes to construct, operate and maintain an unmanned wireless telecommunications facility with an equipment building at Ronald Regan Park, located at the intersection of Pathfinder Road and Peaceful Hills Road. ANALYSIS: A. Review Authority (Section 22.48, 22.54, and 22.58) The proposed project involves three applications as followed: 1. Development Review to review the projects design and ensure compliance with the city's design guidelines and standards to minimize adverse effects on the surrounding properties and environment; 2. Variance to consider a height increase from the allowed 35 feet to 40 feet for the proposed mono elm. 3. A Conditional Use Permit approval is required for a telecommunication facility with multiple antennas and. co -location on the same site. The proposed project meets this criteriori-, hence a Conditional Use permit is required. B. Site and Surrounding General Plan, Zoning and Uses Page 2 Conditional Use Permit No. 2007-09 Development Review No. 2007-22 Variance No. 2007-05 General Plan Zone Uses Site RL RPD -10,000 Single Family Residential North RL RPD -10,000 Single Family Residential South RL RPD -10,000 Single Family Residential East RL RPD -10,000 Single Family Residential West Out of City Rowland Heights Single Family Residential Page 2 Conditional Use Permit No. 2007-09 Development Review No. 2007-22 Variance No. 2007-05 C. Development Review (Section 22.48) The City's development standards for wireless telecommunication antenna facilities were adopted in 1999 to insure the design and location of telecommunication and equipment are consistent with the General Plan, other Municipal Code Sections, and that the use's aesthetic appearance be unobtrusive and unsightly to protect property values. 1. Development Standards Development Feature DBIVIC-Standards 22.42.130 Proposed Meets Requirements Setbacks: Antenna: 202'-7" Yes Distance equal to height of antenna plus 20% from nearest residential lot line; Equipment 109'-10" from Yes Building: property line at Not addressed. Pathfinder and 188'-1" from property line at Peaceful Hills Height: Antennas/Structure: 401-011 No (Variance) 35 feet. Equipment 121-2" Yes Building: 13 feet Screening: Screen or Antenna/mono elm Yes camouflage to and mitigate visual equipment building impacts. Architectural Integrate with Equipment building: Yes Integration: design and color Slump Stone to match existing structures in Park Underground Utilities: All utilities and connection cables All cables to be underground Yes must be places I underground Page 3 Conditional Use Permit No. 2007-09 Development Review No. 2007-22 Variance No. 2007-05 Lighting: Artificial lighting shall be limited to mandatory safety and security None proposed Yes Go -location Applicant and Structurally Yes Property owner designed for future must consent to co -location future co-location(s) Landscape: Landscaping may Landscape around See be required for equipment building Conditions of screening purposes to minimize Approval I structure 3. Architectural Features The wireless telecommunication antenna will be a camouflage mono elm that is approximately 40 feet high with 3 panel antennas. Each panel shall contain 5 antennas, which vary in size. The proposed equipment building will house the ground equipment that is needed to operate the facility. The building materials will include Slump Stone block and cement tile roofing to match existing structures in the Park. 4. Landscape A final landscape plan must be submitted and approved by the Community Development Department and Community Services Department prior to the issuance of any city permits. 5. Facilitv Operational Characteristics The proposed telecommunication facility is unmanned and operates twenty-four hours a day, seven days a week, with routine monthly maintenance. A portable generator hook-up is being installed in case of a power outage. If a power outage occurs, a generator will be brought on site and used until the power outage is resolved. The noise level of this generator is a condition of approval. 6. FCC Guidelines FCC documentation is required for this project and is a condition of approval. These types of telecommunication projects are generally categorically excluded due to the unlikeness to cause exposure in excess of the FCC's guidelines or detrimental to the public health, safety or welfare of the community. Page 4 conditional Use Pen -nit No. 2007-09 Development Review No. 2007-22 Variance No. 2007-05 D. Conditional Use Permit (Section 22.42) A Conditional Use Permit approvalis required for a telecommunication facility with multiple antennas. The proposed project meets this criterion; hence a Conditional Use permit is required. E. Variance (Section 22.54 The maximum height of a structure in the RPD -10,000 zoning district is 35 feet. However, the proposed mono elm is 40 feet in height. According to the applicant the proposed mono elm will have a height of 35 feet; however, the stealth branches will extend 40 feet in height to create a more realistic appearance to this faux mono elm. Additionally, the City's Telecommunications facilities Map specifies public parks as a location where telecommunications facilities may be located. F. Additional Review The Public Works Department, Community Services Department, and the Building and Safety Division reviewed this project. Their comments are included in the resolutions as conditions of approval. G. General Plan, Design Guidelines and Compatibility with Neighborhood The proposed projects, which consist of the installation of a telecommunications facility, is consistent with the surround neighborhood in that the materials and colors used and design of the equipment buildings are consistent with homes in the neighborhood and the existing structures in the Park. The antennas camouflage as faux elm trees and will blend with the park vegetation. As a result, staff finds the proposed projects are compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. Public hearing notices were mailed to property owners within a 700 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEDA), Section 15303 (d). Page 5 Conditional Use Permit No. 2D07 -D9 Development Review No. 2007-22 Variance No. 2007-05 Staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-09, Development •Review No. 2007-22, and Variance No. 2007-05, Findings of Fact, conditions of approval and Standard Conditions, as listed within the attached resolution. A Prepared by: David Alvarez Planning Technician Attachments: I Nancy Fong, Al Community De) 1. Draft Resolution of Approval with required findings 2. Photo Simulation 3. Aerial 4. Exhibit "A" — Dated July 18, 2007 Page 6 Conditional Use Permit No. 2007-09 Development Review No. 2007-22 Variance No. 2007-05 PLANNING COMMISSION RESOLUTION NO. 2007 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO, 2007-09, DEVELOPMENT REVIEW NO. 2007-22 AND VARIANCE NO. 2007-05,. A REQUEST TO INSTALL A TELECOMMUNICATION FACILITY AT RONALD REGAN PARK LOCATED AT 2201 PEACEFUL HILLS ROAD (APN: 8765-015-900), DIAMOND BAR, CA A. RECITALS 1. The property owner, City of Diamond Bar and applicant, Sprint Nextel Corporation have filed an application for Conditional Use Permit No. 2007- 09, Development Review No. 2007-22, and Variance No. 2007-05 and categorical exemption for a telecommunication facility to be located at Ronald Regan Park, 2201 Peaceful Hills Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Variance and categorical exemption shall be referred to as the "Application." 2 On July 13, 2007, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On July 13, 2007, public hearing notices were mailed to approximately 188 property owners within a 700 -foot radius of the project site and public notice at the City's designated community posting sites. Furthermore, on July 13, 2007, the project site was posted with a display board. 3 On July 24, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 11•R1111• NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance to Section 15303 (d) of the CEQA Guidelines. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (a) Wireless telecommunication facilities may be allowed in the RPD - 10,000 zoning district in public parks. A Conditional Use Permit approval is required for a wireless telecommunication facility with multiple antennas and co -location on same site. The proposed project meets this criterion; hence a Conditional Use Permit approval. Additionally, the proposed project complies with other applicable provisions of the Development Code and Municipal Code with the exception of the height, which is discussed in the Variance section of this resolution. (b) The proposed project consist of the installation of a wireless telecommunication facility consistent with the surround neighborhood in that the materials and colors used and design of the equipment buildings are consistent with homes in the neighborhood and the existing structures in Ronald Regan Park. The antennas camouflage as a faux elm tree will blend with the park vegetation. As a result, staff finds the proposed project is compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. (c) The proposed wireless telecommunication facility's location is consistent with the City' Telecommunication Facility Map which identifies public parks as a location for this type of use. The antenna is camouflaged in a mono elm. The one building will house the ground equipment needed to operate the facilities. The building's colors and materials will compliment the existing structures in Ronald Regan Park and is consistent with homes in the neighborhood. The park is a total of 6.47 acres and can accommodate the proposed use. The proposed facility is unmanned and operates twenty-four hours a day, 2 Planning Commission Resolution No. 2007-X)( seven days a week, with monthly routine maintenance. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. (d) As referenced above in items (a) through (c), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (e) 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 Parks and Recreation 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. DEVELOPMENT REVIEW As discussed above in items (b) and (c), the design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) (g) As discussed above in items (a) through (d), the design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards (h) As discussed above in items (a) through (d), 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 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. (i) As discussed above in Items (a) through (d), the design of the proposed development will provide a desirable environment for its 3 Planning Commission Resolution No. 2007 -XX occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As discussed above in Items (a) through (d) and prior to 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 -Community Services 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. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. LT/Al : I FAIk' (k) Wireless telecommunications are accomplished by linking a wireless network of radio wave transmitting devices such as portable and car phones to the conventional telephone system through series of short- range, contiguous cells. Similar to a honeycomb pattern, a cellular system is composed of many neighboring and inter -connecting "cell site" or geographical areas. Each cell site within the system contains transmitting and receiving antenna that require an appropriate/clear line of sight. The maximum height of a structure in the RPD -10,000 zoning district is 35 feet. However, the proposed mono elm is 40 feet in height. According to the applicant the proposed mono elm will have a height of 35 feet; however, the stealth branches will extend 40 feet in height to create a more realistic appearance to the faux mono elm. Additionally, the City Telecommunication Facilities Map specifies public parks as a location where telecommunications facilities may be located. (1) Granting the Variance allows the proposed telecommunication facility to increasing number of subscribers. This wireless telecommunications systems will be an invaluable communications tool in the event of emergencies and natural disasters were normal land line communications are often disrupted or inaccessible during and after an event has occurred. Such facilities are a valuable tool in business communication and everyday personal use. Additionally, within the City of Diamond Bar there are other such facilities located within a residential zone. Futhermore, the City Telecommunication Facilities Map specifies public parks as a location where telecommunication facilities may be located. 4 Planning Commission Resolution No. 2007-)(X (m) As referenced in item (b) above, granting the Variance is consistent with the General Plan. There is no applicable specific plan for this area. (n) Before the issuance of any City permits, .the proposed project is required to comply with: all conditions set forth in the approving resolution; and the Building and Safety Division; Public Works Division; Fire Department requirements; and FCC approval. 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. (o) In accordance to the provisions of the California Environmental Quality Act (CEO -A), Section 15303 (d), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. General (1) The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled and referenced herein as Exhibit "A" dated July 24, 2007, as submitted to, amended herein, and approved by the Planning Commission. (2) Applicant shall comply with all Federal, State and City regulations. (3) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development Review shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 5 Planning Commission Resolution No. 2007 -XX (4) When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. (5) Applicant shall Comply with all lease terms executed. b. Planning Division (1) Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the screened wireless antenna. (3) No additional lighting shall be installed on the screened wireless antennas or associated equipment. (4) The site shall be ' maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 24 hours. In the event that the applicant does not remove all graffiti from the said structure, the city will remove all graffiti and shall be reimbursed for all expenses. (5) If the Department of Fish and Game determines that Fish and Game the City, within five days of this grant's approval, a cashier's check of $50.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. (6) The applicant must consent to the future co -location of facilities on the monoelm and in the equipment building unless technical considerations preclude that co -location. (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the telecommunications facility within 90 -days of notification by the City. (8) The applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months (9) Prior to the issuance of any City Permits, a final landscape plan shall be submitted for City's review and approval. (10) To ensure minimal visibility and reduce the chances of graffiti of the equipment building, 5 gallon size shrubs at 3 feet on center is subject 6 Planning Commission Resolution No. 2007 -XX to Community Development Department and Community Services Department review and approval. All cables and wiring for the telecommunication facility shall be underground. (12) All material and colors used for the equipment building shall match the existing structures located in Ronald Regan Park. (13) Damaged or broken fronds or leaves shall be replaced with 30 days from the date of damage. (14) Exposed tree trunk shall not be higher than 10 feet. (15) Prior to plan check submittal, the applicant shall provide for Planning Division review and approval a detailed cross section at two foot intervals for the tree and 2.6 branches per lineal whirl to ensure foliage density. c. Building and Safety Division Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. 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: Sprint Nextel Corporation, 310 Commerce, Irvine, CA 92602 7 Planning Commission Resolution No. 2007 -XX APPROVED AND ADOPTED THIS 24th DAY OF JULY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M - Steve Nelson, Chairman 1, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 24th day of July 2007, by the following vote: AYES: Commissioner: VC/Tomg; Nolan, Lee; Wei; Chair/Nelson NOES: ABSENT: ABSTAIN ATTEST: Commissioner: None Commissioner: None Commissioner: None Nancy Fong, Secretary 8 Planning Commission Resolution No. 2007 -XX PROJECT#: Conditional Use Permit No.2007-09, Development Review No. 2007-22, and Variance No. 2007-05 SUBJECT: Telecommunications Facility LOCATION: Ronald Rec Ian Park, 2201 Peaceful Hills Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY . TO YOUR PROJECT, APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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 Conditional Use Permit No.2007-09, Development Review No. 2007-22, and Variance No. 2007-05 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. 9 Planning Commission Resolution No. 2007 -XX (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 Conditional* Use Permit'No.2007-00, Development Review No. 2007-22 and Variance No. 2007-05, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2007 -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 infull 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. All site, grading, landscape, irrigation, and elevation plans 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. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 10 Planning Commission Resolution No. 2007 -XX 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 Conditional Use Permit No.2007-09, Development Review No. 2007-22 and Variance No. 2007-05 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to 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 I ' abeled and referenced herein as Exhibit "A" including: site plans,. floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. 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. 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property owner/occupant. 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 11 Planning Commission Resolution No. 2007 -XX owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide Collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 9]Z4jK a 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 between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP'.$). 2. Grading and/or construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 1 The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of- way. 2. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 3. 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. 4. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for 12 Planning Commission Resolution No. 2007 -XX erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 5. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antennas/monoelm and equipment building shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. The project shall be protected by a construction fence to the satisfaction of the Building Official. 6. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 13 Planning Commission Resolution No. 2007 -XXX Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. 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. 14 Planning Commission Resolution No. 2007 -XX MIMU Ronald Reagan Park LA73XCO17. 2201 Peaceful Hills Road Diamond Bar, CA 91766 Existing Mr�; II tl^ e• F Ronald Reagan Park LA73XCO17 2201 Peaceful Hills Road Diamond Bar, CA 91765 t� ��5 '���.Y�� �'Tell �yr �ny�7� itim � � -�,��'%{'�"`.�,y.R. tss�F y+� 'a' Y •rx {'� ""���,,.,. r 4 ; s � sr .�:; �• c.�,F„�, , �" � . t.5 � �a � . s R �' t '�"�k�.�r�rir���, �+�i+�i�r' e+ �rkj 7 t Existing Site Photographs Project site equipment building location looking southwest. td �m-''j�Y' ..� '""" ✓�'t£,`:�c r f4�+a�t1- aY .�>j ..+ t u � j%4 f Ij ., 1,, �rf, y�, hil a 4 c5 �V ' T� -It$'P p�t�t't3t �7'"T��� 4!y� µt''_,�`'' ,l nL.m,� n�l`� Zl��•I! n'ci��rltil��r�� t}�i li �.� �p��•�..y _ . �� t h 1 d +. s •:.,+•`'� .y l,i t� ."`� 1 1., i :T I n{ � f � (, t+^'r �,��+� ,�Y Z a '�.a � e } t9o.,�.. �-�=c�11 Ae•..[t^ �' :..a t -�,7r� lr r k,l , t"L � i���� }� ,n•v � t ,� �.f }mss Cta � ♦ �`0 s,.s-.. �t fJlt ��i Cr 5,., ItGLi� 1- �Y 1 �` �Y�I }y�, ik$G�. i v Ikti ra d sa z•u �` tj. t r }, J Z. r i.�r n 1� t f Y ,1 ; c +t•t �. � �`ut `1' "L r���' � 1 .11 ,. 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I }3 � �1/1•h}ir •5ry �i 54' 4 Sur ten_=.r=.-� �.. �Yt•..; t t � .bingf�y4 2, 7 air { j '`\ I t4 r ;.J."`flLi Lr' f'��r��7 I � �"`Z�kJ7Y.�hit .�+1•=fi�'l�� ti € `�• m �l/ S {�� I, i$^'�'J''i F � ) 'i. �sIM {Z• v g +1 g %I5t�•.� I ]j�� 2 -2 12' -2- P n c [on? Z y. '' �o e m= o g J C/) x g a 6 N. V �v'3 VZ IT; r c c E O § 2 � ".Em � �&��Y� �S �_� 2{ n 2 " E II P O Z op " £ 1 � e� ff Ino ffm� 1 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar-com MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: 7.2 July 24, 2007 Development Review No. 2007-17 2488 Alamo Heights Drive Diamond Bar, CA 91765 APPLICATION REQUEST: To construct an 11,818 square foot three-story single- family residence with an attached 3,180 square foot garage on a 57,934 square foot (1.33 acre) parcel of land. APPLICANTS: Wei An Wu 22110 Round Up Drive Walnut, CA 91789 Ming K. Lan, Architect 2791 N. Saturn St., #C Brea, Ca. 92821 STAFF RECOMMENDATION: Conditional Approval A. Proiect Description: The applicant is requesting approval of a Development Review Application to construct a, new three-story, 11,818 square foot single-family residence with an attached 3,180 square foot garage. The proposed project includes the following accessory structures: a gazebo, a swimming pool and an illuminated tennis court. B. Site Description: The site is located on the east side of Alamo Heights Drive at the intersection of Alamo Heights Drive and Steeplechase Lane. It is legally described as Lot 118, Tract 30578 and the Tax Assessor Parcel No. is APN 8713-028-003. The lot is 57,934 square feet (1.33 -acres) in size and currently undeveloped. It slopes upward from Alamo Heights Drive in an easterly direction. No information was provided regarding the average slope of the subject property. However, experience indicates that the site has an average slope in excess of 10%. Therefore, it is subject to the City's Hillside Management Development Standards (Chapter 22.22.) ANALYSIS: A. Review Authority (Section 22.48) The construction of a single family residence requires approval of a Development Review Application. B. Site and Surrounding General Plan, Zoning and Uses C. Development Review (22.48) 1. Residential District General development Standards: The following table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (40,000) RR Zone. Page 2 DR 2007-17 General Plan Zone Uses Site Single Family Residential R-1 (40,000) RR Vacant North Single Family Residential_ R-1 (40,000) RR Residential South Single Family Residential R-1 (40,000) RR Residential East Single Family Residential R-1 (40,000) RR Residential West Single Family Residential R-1 (40,000) RR Residential C. Development Review (22.48) 1. Residential District General development Standards: The following table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (40,000) RR Zone. Page 2 DR 2007-17 2. Site and Grading: The house is sited on a relative flat portion of the lot more than 180 feet from the street. Several retaining walls ranging from 3 feet to 6 feet high are needed for the pad areas containing the pool and spa and the tennis court. Approximately 1,060 cubic yards of cut and 850 cubic yards of fill will be required for the project. It appears that the grading will be balanced on-site and that no substantial import of fill material will be required. & Elevations: The proposed architectural style is contemporary with tile roof and stucco walls. It has an elaborate front entry design with stairs leading up to the foyer. The sides of the stairwell are treated with raised planter areas that soften the walls with landscaping. The character of the house is compatible with the eclectic montage of architectural styles within The Country. Page 3 DR 2007-17 R-1(40,000) RR — Meets Development Feature Development Proposed Requirements Standard Minimum lot area I Acre 1.33 acre. Yes Residential density I single-family unit per lot 1 single-family unit Yes Front setback 30 feet 185 feet Yes 15 feet on one side and 10 10 feet south side feet on the other & not less 15 feet north Ye Side setbacks than 25 feet between Structures on adjoining structures on adjoining Rarcels lots are >25' Rear setback 25 feet from property line Approximately 240 feet Yes Lot coverage 3.0% 20% Yes Retaining Wall Height6-ft. permitted 7 -ft. allowable by Director 6 -ft. high retaining walls Yes Building height limit 35 feet maximum 35 feet Yes Landscaping 50% of Front Yard 71% Yes one permitted Number of driveways If site has 70 -ft. of frontage, 1 driveway Yes two are permitted Parking 2 spaces fully enclosed 7 spaces fully enclosed Yes 2. Site and Grading: The house is sited on a relative flat portion of the lot more than 180 feet from the street. Several retaining walls ranging from 3 feet to 6 feet high are needed for the pad areas containing the pool and spa and the tennis court. Approximately 1,060 cubic yards of cut and 850 cubic yards of fill will be required for the project. It appears that the grading will be balanced on-site and that no substantial import of fill material will be required. & Elevations: The proposed architectural style is contemporary with tile roof and stucco walls. It has an elaborate front entry design with stairs leading up to the foyer. The sides of the stairwell are treated with raised planter areas that soften the walls with landscaping. The character of the house is compatible with the eclectic montage of architectural styles within The Country. Page 3 DR 2007-17 4. Landscaping: The subject property has several mature trees located in the proposed front yard. No information has been submitted regarding the removal of the existing trees. The applicant has indicated that 45 new 15 - gallon trees will be planted. In addition, seven new 24" box trees will be planted as well as a myriad of new shrubs. D. Compliance with Hillside Management Ordinance Because the house is placed on the portion of the lot that is relative flat, it minimizes grading for the house pad and can use the traditional slab on grade. The three- story house complies with the maximum 35 feet building height. It is set back more than 180 feet from the street, which reduces visually the size of the building. Retaining walls are used to create pads for rear yard and tennis court. Staff believes that the proposed project complies with the intent and purpose of the Hillside Management Ordinance. E. Additional Review The Public Works Department, the Building and Safety Division, and Fire Department reviewed this project. Their comments are included in both the report and the recommended conditions of approval. F. HOA Review The applicant has provided a copy of the development plans approved by the Diamond Bar County Estates Homeowners Association. G. 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. The proposed project will not negatively affect the existing surrounding land uses and the design is compatible with the existing neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) according to Sections 15303 and 15332 of the CEQA guidelines. Page 4 DR 2007-17 RECOMMENDATION: Staff recommends that approving Development attached resolution. Prepared by: David D. Meyer LDM Associates, Inc. Planning Consultant Attachments: the Planning Commission adopt a Resolution conditionally Review No. 2007-17 subject to the conditions set forth in the I 1. Draft Resolution of Approval with required findings; 2. Exhibit "A" — site plan, floor plan, and elevations. 0 'IT Page 5 DR 2007-17 13 I-0 PLANNING COMMISSION „J. RESOLUTION NO. 2007 -XX OR AF of A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-17 FOR THE REQUEST TO CONSTRUCT A THREE-STORY SINGLE-FAMILY RESIDENCE AND ACCESSORY STRUCTURES LOT NO. 118 OF TRACT 30578, LOCATED AT 2248 ALAMO HEIGHTS DRIVE - APN: 8713-028-003 RECITALS 1. The Planning Commission considered an application filed by Mr. Ming K. Lan, Architect, on behalf of the property owner, Wei An Wu, requesting approval of plans to construct a new three-story, 11,818 square foot single-family residence with an attached 3,180 square foot garage and an illuminated tennis court at 2248 Alamo Heights Drive. 2. The subject property is zoned R1-(40,000) RR and it contains 57,934 sq.. ft. of land area. 3. The subject property is legally described as Lot 118, Tract 30578 and the Assessor Parcel Number is (APN) 8713-028-003. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and 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 at three other locations within the project vicinity. 5. On July 24, 2007, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance to Sections 15303 and 15332 of the CEQA Guidelines. 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 and illuminated tennis court are 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 of the surrounding single-family dwelling units. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a designed and developed residential estate neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed single-family residence will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence and accessory structures is consistent with the terms and conditions of the long - 2 Planning Commission Resolution No. 2007-. 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 homes. The proposed project is an infill development that will complete the neighborhood residential character. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction material are consistent with other single-family residences in the neighborhood. e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed single-family. residence is consistent with the anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. (2) 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 and fencing. The detailed landscape plans shall be submitted to the Community Development Director for review and approval, prior to issuance of building permits. (3) The required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's 3 Planning Commission Resolution No. 2007- Fuel Modification Plan in terms of plant selection, placement and maintenance. (4) The proposed tennis court shall be illuminated with not more that eight lights having a maximum size of 1,000 wafts. The fixtures shall be properly shielded so as to eliminate glare. (5) A maximum of six (6) light standards shall be installed to illuminate the proposed tennis court. The maximum height of the light standards shall be 15 feet. (6) All light fixtures shall be properly shielded so as to eliminate glare. (7) The tennis court fencing shall be provided with black or green vinyl screening in a manner acceptable to the Director of Planning. b. Building and Safety Division (1) Fire Department approval is required. Please contact the Fire Department. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Applicant shall submit an application to the Walnut Valley Water District to obtain a "Will Service" certificate that will meet the domestic and Fire Flow requirements for the proposed project. Written verification shall be submitted to the Building and Safety Division prior to the issuance of building permits. C. 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 Mr. Wei An Wu, 22110 Round Up Drive, Walnut, CA 91789, and Ming K. Lan, Architect, 2791 N. Saturn St., #C, Brea, CA 92821. 4 Planning Commission Resolution No. 2007- APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 0 Steve Nelson, Chairman 1, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted; at a regular meeting of the Planning Commission held on the 24th day of July 2007, by the following vote: AYES: Commissioners: NOES: . Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 5 Planning Commission Resolution No. 2007-_ USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No: Development Review No. 2007-17 SUBJECT: Construction of a new 3 -story Single -Family Dwelling, Illuminated Tennis Court and Accessory Structures PROPERTY Wei An Wu OWNER: 22110 Round Up Drive Walnut, CA 92821 APPLICANT: Ming K. Lan, Architect 2791 N. Saturn St., #C Brea, CA 92821 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. 2006-34 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 6 Planning Commission Resolution No. 2007- reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-17, 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 Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2007-, Standard Conditions, and all environmental mitigations shall be included on the plans. 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7 Planning Commission Resolution No. 2007- 0 lei JU 11. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 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 comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. TIME LIMITS The approval of Development Review No. 2007-17 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. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations. 2. 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. 3. All roof mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. M Planning Commission Resolution No. 2007- 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 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. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material or fencing proposed in the front setback shall not exceed 42 inches maximum height. 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that any and all slope vegetation is in satisfactory condition. 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. 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 Applicant shall follow special requirements as required by the City Engineer for construction in a Restricted Use Area. No portion of the habitable structure shall be located in the Restricted Use Area and a Covenant and Agreement to construct in a Restricted Use Area shall be 9 Planning Commission Resolution No. 2007-. recorded and returned to the City prior to the issuance of any grading or retaining wall permits. 2. 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. 3. 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. 4. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 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. 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 10 Planning Commission Resolution No. 2007- 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 6 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. 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. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE 11 Planning Commission Resolution No. 2007- 1 Detailed drainage system information of the lot with careful attention to any floodhazard 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 (Not required) E. UTILITIES (Not required) F. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. G. TRAFFIC MITIGATIONS (Not required) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I Applicant must obtain a demolition permit for existing house with AQMD clearance for asbestos 2. Applicant must pay School fees prior to issuance of permit 3. Proposed sculpture, water fountain, retaining walls, pool/spa, BBQ area, gazebo, pond and tennis court shall be under separate permits 4. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 5. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit 12 Planning Commission Resolution No. 2007-. drawings and calculations prepared by a California State licensed Arch itect/Engineer with wet stamp and signature. 7. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 8. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 9. A height survey shall be required at completion of framing. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. All balconies shall be designed for 601b. live load. 12. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 13. Indicate all easements on the site plan. 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than. 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 15. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall . be issued prior to submitting a pad certification. 16. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 17. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 18. Specify location of tempered glass as required by code. 13 Planning Commission Resolution No. 2007- 19. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 20. 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WEI AN WU 2488 ALAMO HEIGHTS ROAD CarcyB Oiwi ASLA oa or=umin ar�oomr. °°r vu°e. asssr m�ss3nw Ua u a3atr 0 ° � BAR, CALIFORNIA 91765 31 1;lperi Mghw.7S-11 RID ow. m e $ DIAMOND n 6 az _ n - o F i.:arer n vrnrK, e�a,n ...nmar= n=noR.o 0 1 2488 ALAMO HEIGHTS ROAD aumraa.0 �=anst �rgx�n�r � o s DIAMOND BAR, CALIFORNIA 91765 ]uo E.Imp.woven^.r smS�eDa nE=+, C� - - ------------------------------ MATCH LINES SEC NEXT. OF MEVIC) SHEET ----- -•------ O N D N rt N *e 4.)t�000V*®O�Q 1 COCCOCCI N N D= ZAn =y 3 a ^ n b Ot D D D n 6 N11 10 � y n e- n n v n _ fi �r0 s Z N 0 ^ n n n P � fN4 n I N ry e n D a m a v n r M z grq >n� e � a o A rn o a s ti o 2 00 r^z z ON X ee _ A I`a �N � DDA o@ rAn� rTy zz� n, O {rny r ~ N nen -i X10 n O C'S -a _ - liN rn y O A c n b 0 N rn tr •+ ° v m O o n m e �v N n N .m D ° - S � fi Ci � LxO f=a o. nnn y 0 0 N i r n D o Z a � CP D D (f R ♦�Ee Q eo n 6 az _ n - o F i.:arer n vrnrK, e�a,n ...nmar= n=noR.o 0 1 2488 ALAMO HEIGHTS ROAD aumraa.0 �=anst �rgx�n�r � o s DIAMOND BAR, CALIFORNIA 91765 ]uo E.Imp.woven^.r smS�eDa nE=+, C� PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.3 MEETING DATE: July 24, 2007 CASE/FILE NUMBER: Development Review No. 2007-10 PROJECT LOCATION: 2695 Shady Ridge Lane Diamond Bar, CA 91765 APPLICATION REQUEST: To demolish existing dwelling unit and construct an 11,158 sq. ft. three-story family residence with an attached 2,093sq. ft. garage on a 49,429 square foot (1.13 -acre) parcel of land. PROPERTY OWNERS* Rita & Rustom Contractor 23505 Grand Rim Court Diamond Bar, CA 91765 APPLICANTS: XLART Group, Inc 17037 Chatsworth St., Suite 207 Granada Hills, CA 91344 STAFF RECOMMENDATION: Conditional Approval A. Project Description: The proposed project is to demolish an existing single-family residence and construct a new three-story, 13,251 square foot single-family residence with an attached 2,093 square foot garage. B. Site Description: The site is located on the west side of Shady Ridge Lane ,approximately 950 feet south of Braided Mane Drive. It is legally described as Lot 1, Tract 30092 and the Tax Assessor Parcel No. is APN 8713-036-020. The lot is 49,429 gross square feet in size and slopes downward in a westerly direction approximately 40%. Therefore, it is subject to the City's Hillside Management Ordinance (Section 22.22.) ANALYSIS: A. Review Authority (Section 22.48) The construction of a single family residence requires approval of a Development Review Application. B. Site and Surrounding General Plan, Zoning and Uses C. Development Review (22.48) 1. Residential District General Development Standards: The following table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (40,000) RR Zone: General Plan Zone Uses Site Single Family Residential R-1 (40,000) RR Residential North Single Family Residential R-1 (40,000) RR Vacant South County of Los Angelesl Residential Vacant East Single Family Residential R-1 (40,000) RR Residential West Single Family Residential R-1 (40,000) RR Residential C. Development Review (22.48) 1. Residential District General Development Standards: The following table compares the proposed project with the City's Development Standards for Residential Development in the R-1 (40,000) RR Zone: Page 2 DR2007-10 R-1(40,000) RR — Meets Development Feature Development Proposed Requirements Standard Minimum lot area I Acre 1.13 acres. Yes Residential density I single-family unit 1 single-family unit Yes Front setback 30 feet 30 feet Yes Page 2 DR2007-10 2. Grading:- The --applicant designed the house to fit the lot's topography by orienting the pad in the same direction as the natural grade. The design require the construction of numerous retaining walls however, they range from a height of 3 feet to 6 feet. The applicant indicates that the project will require 1,000 cubic yards of fill and cut and will balance on site. 3. Elevations: The proposed building design is a contemporary style with the roof, and stucco wall that is enriched with generous use of stone material. The design includes architectural elements such as arched windows, key stones, quoins and cornice treatment to roof eaves. 4. Landscaping: There are 12 existing mature trees on site, of which eight (8) are to be removed. The submitted landscape plan indicates that twenty-two (22) fifteen gallon trees and five (5) twenty-four inch box trees are to be planted. The applicant has indicated that approximately 88% of the required front yard will be landscaped. The Development Code requires that at least 50% of this area shall be landscaped. D. Compliance with Hillside Management Ordinance The house pad is oriented parallel to the natural grade. Although there is a series of retaining walls to create the pads, the majority of them are 3 feet in height and they follow the natural grade as so as to be sensitive to the lot's topography. In the rear elevation, the building is terraced to reduce the effective bulk. Staff believes that the proposed project complies with the intent and purpose of the Hillside Management Ordinance. Page 3 DR2007-10 15'- South side 15 feet on one side and 10 10'- North Side setbacks feet on the other Vacant lots either side- Yes 25 feet between structures No structures 25 feet from property line or buildable pad on a 25 feet minimum from Rear setback descending slope edge of buildable pad Yes whichever is applicable Lot coverage 30% 11.39% Yes Retaining Wall Height 6 -ft. permitted 7 -ft. allowable by Director 7 -ft. high retaining walls Yes Building height limit 35 feet maximum 35 feet Yes Landscaping 50% of Front Yard 88% provided Yes One permitted * Number of driveways If site has 70 ft. of frontage, driveway I driv Yes two are permitted Parking 2 spaces fully enclosed 4 spaces fully enclosed Yes 2. Grading:- The --applicant designed the house to fit the lot's topography by orienting the pad in the same direction as the natural grade. The design require the construction of numerous retaining walls however, they range from a height of 3 feet to 6 feet. The applicant indicates that the project will require 1,000 cubic yards of fill and cut and will balance on site. 3. Elevations: The proposed building design is a contemporary style with the roof, and stucco wall that is enriched with generous use of stone material. The design includes architectural elements such as arched windows, key stones, quoins and cornice treatment to roof eaves. 4. Landscaping: There are 12 existing mature trees on site, of which eight (8) are to be removed. The submitted landscape plan indicates that twenty-two (22) fifteen gallon trees and five (5) twenty-four inch box trees are to be planted. The applicant has indicated that approximately 88% of the required front yard will be landscaped. The Development Code requires that at least 50% of this area shall be landscaped. D. Compliance with Hillside Management Ordinance The house pad is oriented parallel to the natural grade. Although there is a series of retaining walls to create the pads, the majority of them are 3 feet in height and they follow the natural grade as so as to be sensitive to the lot's topography. In the rear elevation, the building is terraced to reduce the effective bulk. Staff believes that the proposed project complies with the intent and purpose of the Hillside Management Ordinance. Page 3 DR2007-10 The Public Works Department, the Building and Safety Division, and Fire Department reviewed this project. Their comments are included in both the report and the recommended conditions of approval. F. HOA Review The applicant has indicated that the Diamond Bar Country Estates Homeowners Association has reviewed and approved the proposed development plans. G. 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. The proposed project will not negatively affect the existing surrounding land uses and the design is compatible with the existing neighborhood. 10 [9111 D] 41156122 11 --] 01 [ON M 1 *111 N I ilk Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley 'Dail V Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance to Sections 15301, 15303 and 15332 of the CEQA guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution conditionally approving Development Review No. 2007-10 subject to the conditions set forth in the attached resolution. Prepared by: Revie d by 'Y &'U, v David D. Meyer N cy Fong ACP CP LDM Associates, Inc. Communitytevenment Director Planning Consultant Attachments: 1. Draft Resolution of Approval with required findings; 2. Aerial 3. Arborist's report 4. Exhibit "A" — site plan, floor plan, and elevations. Page 4 DR2007-10 PLANNING COMMISSION RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-10 FOR THE REQUEST TO CONSTRUCT A THREE-STORY SINGLE-FAMILY RESIDENCE ON LOT NO. 1 OF TRACT 30092, LOCATED AT 2695 SHADY RIDGE LANE,. APN: 8713-036-020 A. RECITALS 1. The Planning Commission considered *an application filed by XLART Group, Inc., on behalf of the property owners, Rita and Rustom Contractor, requesting approval of plans to demolish an existing dwelling unit and construct a new three-story, 11,158 square foot single-family residence at with an attached 2,093 square foot garage. 2. The subject property is zoned R1-(40,000) RR and it contains 49,429. ft. of land area. 3. The subject property is legally described as Lot 1, Tract 30092 and the Assessor Parcel Number is (APN) 8713-036-020. - 4. Public Hearing notification was published in the San Gabriel Valley Tribune and Inland Valley DaJy 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 at three other locations within the project vicinity. 5. On July 24, 2007, 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. 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 hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance to Sections 15301, 15303 and 15332 of the CEQA Guidelines. Planning Commission Resolution No. 2007- 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 of the surrounding single-family dwelling units. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a designed and developed residential estate neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed single-family residence will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence and accessory structure is consistent with the terms and conditions 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 homes. The proposed project is an infill development that will complete 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 2 Planning Commission Resolution No. 2007-. neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction material are consistent with other single-family residences in the neighborhood. e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed single-family residence is consistent with the anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. (2) 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. (3) The required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan in terms of plant selection, placement and maintenance. (4) The exposed face of all retaining walls shall be covered with masonry veneer approved the Director. The masonry shall be a ledger type stone, the color of which shall be selected by the project architect and approved by the Director. (5) The height of the proposed dwelling shall be surveyed before the rough framing inspection shall be made by the Building Department. A note to that effect shall be placed in a prominent location of the construction plans. 3 Planning Commission Resolution No. 2007- b. Building and Safety Division (1) Fire. Department approval is required. Please contact the Fire Department. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Applicant shall submit an application to the Walnut Valley Water District to obtain a "Will Service" certificate that will meet the domestic and Fire Flow requirements for the proposed project. Written verification shall be submitted to the Building and Safety Division prior to the issuance of building permits. C. 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 Rita and Rustom Contractor, 23505 Grand Rim Lane, Diamond Bar, CA 91765, and XI -Art Group, Inc., 17037 Chatsworth St., Suite 207, Granada Hills, Ca 91344 APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Steve Nelson, Chairman 1, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 24th day of July 2007, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 4 Planning Commission Resolution No. 2007- ATTEST: Nancy Fong, Secretary Planning Commission Resolution No. 2007-. . ....... 'DIAMOND BAR��• DEVELOPMENT DEPARTMEN STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW Ail -On • STRUCTURES PROJECT No: Development Review No. 2007-10 SUBJECT: Construction of a new 3 -story Single -Family Dwelling PROPERTY Rita & Rustom Contractor OWNER: 23505 Grand Rim Court Diamond Bar, CA 91765 APPLICANT: XLAret Group, Inc. 17037 Chatsworth St., Suite 207 Granada Hills, CA 91344 MIMI W1912arf am I 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. 2007-10 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 6 Planning Commission Resolution No. 2007- (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and .owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-10, 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 Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of thePlanning Commission Resolution No. 2007-, Standard Conditions, and all environmental mitigations shall be included on the plans. 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, land scape/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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 Planning Commission Resolution No. 2007- A C. L0 FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit(whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. UUMADOW 1 The approval of Development Review No. 2007-10 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. PIUCKMAMIA1021"I 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 referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Divisio n, the conditions contained herein, and the Development Code regulations. 2. 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. 3. All roof mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 1111*01g2mm 8 Planning Commission Resolution No. 2007-. a 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 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. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material or fencing proposed in the front setback shall not exceed 42 inches maximum height. 4. Prior to releasing occupancy, an inspection. shall be conducted by the Planning Division to determine that any and all slope vegetation is in satisfactory condition. 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 applicants obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. Applicant shall follow special requirements as required by the City Engineer for construction in a Restricted Use Area. No portion of the habitable structure shall be located in the Restricted Use Area and a Covenant and Agreement to construct in a Restricted Use Area shall be recorded and returned to the City prior to the issuance of any grading or retaining wall permits. 9 Planning Commission Resolution No. 2007- 2. 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. 3. 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. 4. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 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. 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. 10 Planning Commission Resoluflon No. 2007-_ 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 6 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. 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. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless 11 Planning Commission Resolution No. 2007- 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 (Not required) E. UTILITIES (Not required) F. SEWERS/SEPTIC TANK 1 Applicant shall obtain -connection permit(s) from the City and County Sanitation District prior to issuance of building permits. G. TRAFFIC MITIGATIONS (Not required) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Applicant must pay School fees prior to issuance of permit 2. Proposed sculpture, water fountain, retaining walls, pool/spa, BBQ area, gazebo, pond and tennis court shall be under separate permits 3. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California MechanicalCode, and the 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 4 Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 5. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 7. Submit Public Works Department approved grading plans showing clearly 12 Planning Commission Resolution No. 2007-. all finish elevations, drainage, and retaining walls locations. 8. A height survey shall be required at completion of framing. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. All balconies shall be designed for 601b. live load. 12. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 13. Indicate all easements on the site plan. 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 15. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 16. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 17. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 18. Specify location of tempered glass as required by code. 19. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 20. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 13 Planning Commission Resolution No. 2007- 14 Planning Commission Resolution No. 2007-_ ["Iustavo The Mart Group Inc 17037 Chatsworth St. Suite 207 Granada Hills, CA 91344 Dear Crustavo: St. Lic. 4763339 QR 10 I performed a tree evaluation at 2695 South Shady Ridge Lane, CA on April 19, 2006. The following is,-,, SUIllmary of my observations, with rec,ommendations. !'you have any cluestions Or reclUeSt additional information Ple' Else Pvc me a call. p -F ',MATTONIS OBSERVATIONS AIR Co jvPldFl grow-mg around the home. These trees are in fair to good Seven mature trees gr -g condition. please see attached site map and specifications table for all of trees. Sincerel Certified Arborist WE ')414 )414 A A an -4 G) a 0 t� r to le w iN — tj 0 CO -4 C) t) fu r ED 0 tq CD 0 A m -I. cri R 1, G) 1 1 f I I X X is 4v I'a to 5 CA inro FM i --to oil 0 0 01 0 01 0 0 :r iG fJ to —, L 0 c) 3 E7 fh Q 0, 0 0 0 m 0 ti d '�.: 'i• J 7 ti .9Y�• r rd • 9'.,M., �t � }1%t Y;s i t•�f'."; _�,�� r ' C.�", RA �,W-" �4' ^ „�-,�,'� ^-r,-`HT1• ,`^�t,�t�s�{, Y�{rt R.�� � it �, �� �!�t I•n'�,,.. 7` � � «4��r (t �t ;A {i� h ` a . TV ,(�, rbe� "fir e } �•� ,j�f" A•'1'� j e�'k ��� �r� } MIA .?l•,i*� 'P ��y r°'t4�n•` t n"4r t• �' r ltd � 1. ,tf.x r"tt M1 rJ77t�At SSI ; �. - v,r%r o t r•��jW*v. � •�lyy � iL l : , ! � 4 ¢.�� ;,�} tr•r . 11,�i1E 4x"3. � 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.4 MEETING DATE: -July 24, 2007 CASE/FILE NUMBER: Development Review No. DR 2006-38 & Minor Variance No. MV 2007-06 PROJECT LOCATION: 22909 Ridgeline Road Diamond Bar, CA 91765 APPLICATION REQUEST: To construct an 11,321 sq. ft. three-story single-family residence with an attached 1,350 sq. ft. garage on a 50,767 sq. ft. (1.16 -acre) parcel of land. Theapplicant is requesting relief from the required front setback and the maximum allowable height of retaining walls. PROPERTY OWNERS: APPLICANTS: Paul Ghotra 24251 Delta Drive Diamond Bar, CA 91765 Sam Bhogal 23415 Pleasant Meadow Diamond Bar, CA 91765 STAFF RECOMMENDATION: Conditional Approval A. Project Description: The applicant requests approval of a Development Review Application to construct a new 3 story, 11,321 square foot single-family residence with an attached 1,350 square foot garage, a swimming pool and a gazebo. The project includes a request to reduce the front yard setback from 30 feet to 24 feet and increase the allowable retaining wall height from 6 feet to 8 feet. B. Site Description: The site is located on the north side of Ridgeline Road approximately 450 feet west of Rocky View Road. It is legally described as Lot 30, Tract 30091 and the Tax Assessor Parcel No. is APN 8713-005-006. The lot is 50,767 gross square feet -in size and currently undeveloped. The site slopes downward in a northerly direction at an average slope in excess of 50%, therefore it is subject to the City's Hillside Management Ordinance (Section 22.22). ANALYSIS: A. Review Authority (Chapter 22.48) and (Chapter 22.52) The construction of a single family residence requires approval of a Development Review Application. The reduction of the front yard setback from the required 30 feet to 24 feet and the increase in retaining wall height from 6 foot to 8 feet requires approval of a Minor Variance. The Director is the review authority for Minor Variance; in this case, it is the Planning Commission. B. Site and Surrounding General Plan, Zoning and Uses C. Development Review (22.48) 1 Residential District General Development Standards: The following Table 2 compares the proposed project with the City's Development Standards for Residential Development in the R-1 (40,000) RR Zone: Development General Plan Zone Uses Site Single Family Residential R-1 (40,000) RR Vacant North Single Family Residential R-1 (40,000) RR Residential South Single Family Residential R-1 (40,000) RR Water Reservoir East Single Family Residential R-1 (40,000) RR 7 Residential West Single Family Residential R-1 (40,000) RR Residential C. Development Review (22.48) 1 Residential District General Development Standards: The following Table 2 compares the proposed project with the City's Development Standards for Residential Development in the R-1 (40,000) RR Zone: Development R-'1(40,000) RR — Meets Feature Development Proposed Requirements Standard Minimum lot area I Acre 1.16 -acre. Yes Page 2 DR 2006-38 Residential density 1 single-family unit 1 single-family unit Yes No Front setback 30 feet 24 feet Requires a Minor Variance 15 ft on one side and 10 ft on 26'-9" - West side Yes the other 17 ft- East side , a c Side setbacks e setbacks d s Sidee 25 ft between structures on 25 ft between structures adjoining parcels on adjoining parcels 25 ft from property line or 10 to 32 ft from edge of Yes cks a k setback Rear setback Rear e r s buildable pad on a descending buildable pad and rRetainlngWallHeight slope whichever is applicable average more than 25 ft Lot coverage 30% 12.5% Yes 4 -ft to create a building pad No 6 -ft. permitted 8 -ft. high retaining walls Requires a Minor 7 -ft allowable by Director Variance Building height limit 35 feet maximum 35 feet Yes No information provided Conditional Landscaping 50% of Front Yard Appears to comply approval One permitted Number of driveways If site has 70 ft. of frontage two 2 driveways Yes are permitted. Width of Drive 14 ft. maximum permitted 14 ft. Yes Approach Parking 2 spaces fully enclosed 6 spaces fully enclosed Yes 2. Site and Grading: The house pad is sited on the relative flat portion of the lot. A two tier terraced retaining walls are used to create a level pad from the edge of the house. Because of the steepness of the lot at the northeast side of the house, the rear yard pad closest point is 10 feet and the further point is 32 feet; however, the average rear yard is more than 25 feet. Staff believes it meets the intent of the setback. The applicant has used terraced retaining wall of 4 feet or less to create the house pad, which is allowed by Hillside Ordinance. The higher retaining wall of 6 to 8 feet is used to create the pad for the pool deck. This design solution is unique and can be considered necessary because of the site's topography. The applicant indicates that the project will require the import of 4,500 cubic yards of fill to create the building pad. 3. Elevations: The architecture is contemporary with the roof, stucco wall and a tower entry element with corithian columns and stained glass. The building design is further treated with elements such as arched and multi -pane windows, multiple corinthian columns and balustrades. The rear elevation is a three-story building plane with roof decks, which create bulk. The building mass at the rear elevation should be reduced by stepping the roof decks, Page 3 DR 2006-38 which would give the visual impression of terracing. A condition of approval is placed in the attached resolution to eliminate the roof deck at the second floor. 4. Landscaping: The applicant indicates that there are no existing mature trees within the proposed building site. The submitted landscape plan indicates that seventeen (17) Twenty-four inch box trees are to be planted as part of the proposed project. The Development Code requires that at least 50% of the required front yard setback be landscaped.' The applicant has not provided the requested calculations; however, it appears that the proposed project complies with this standard. Staff recommends that a condition of approval to require compliance with the standards for front yard landscaping. D. Compliance with Hillside Management Ordinance The house pad is sited on a relative flat portion of the lot and oriented parallel to the contours. It used a two-tier terraced retaining wall at 4 feet o r less to create the pad for the house as well as the rear yard. The house comply with the maximum height of 35 feet, however the rear elevation shows excessive bulk. With the condition of approval that eliminates the second story roof deck, the rear elevation would appear to be terraced. As such, staff believes that the project Would comply with the Hillside Ordinance. E. Minor Variance Review The applicant requests approval of a Minor Variance from the following development standards: 1. A 20% reduction of the required front yard setback from 30 feet to 24 feet. 2. An increase in the maximum allowable height of a retaining wall from 6 feet to 8 feet. In reviewing the request, staff found that the site's topography and it's shape are unusual that justified for the minor deviation from the development standards. F. Additional Review The Public Works Department, the Building and Safety Department reviewed this project. Their comments are included in both the report and the recommended conditions of approval. Page 4 DR 2006-38 G. HOA Review The applicant has been advised to submit the project plans to the Diamond Bar Country Estates Homeowners Association for review and approval. The City's file does not contain any information that this has been accomplished. The project architect has indicated that submittal to the HOA will be accomplished at a later date. H. 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 dwelling unit is compatible with the existing neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a - copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15303 and 15332 of the CEQA guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution conditionally approving Development Review No. DR 2006-38 and Minor Variance No. 2007-06 subject to the conditions set forth in the attached resolution. David D. Meyer LDM Associates, Inc. Planning Consultant Attachments: 1. Aerial 2. Draft Resolution of Approval with required findings 3. Exhibit "A" — site plan, floor plan, and elevations. Director Page 5 DR 2006-38 PLANNING COMMISSION RESOLUTION NO. 2007 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2006-38 AND MINOR VARIANCE NO. MV 2007-06 FOR THE REQUEST TO CONSTRUCT A THREE-STORY SINGLE-FAMILY RESIDENCE AND ACCESSORY STRUCTURES ON LOT NO. 30 OF TRACT 30091, LOCATED AT 22909 RIDGELIKE ROAD, - APN: 8713-005-006 A. RECITALS The Planning Commission considered an application filed by Mr. Sam Bhogal, on behalf of the property owner, Mr. Paul Ghotra, requesting approval of plans to construct a new three-story, 11,312 square foot single- family residence with an attached 1,350 square foot garage, a swimming pool and a gazebo at 22909 Ridgeline Road. 2. The subject property is zoned R1-(40,000) RR and it contains 50,767sq. ft. of land area. 3. The subject property is legally described as Lot 30, Tract 30091 and the Assessor Parcel Number is (APN) 8713-005-006. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and 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 at three other locations within the project vicinity. 5. On July 24, 2007, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited that from all interested individuals, and concluded said hearing on that date. O 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 hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance to Sections 15303 and 15332 of the CEQA Guidelines. 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 and accessory structures are 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 of the surrounding single-family dwelling units. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a designed and developed residential estate neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed single-family residence will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence and accessory structure is consistent with the terms and conditions 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 homes. The proposed project is an infill development that will complete the neighborhood residential character. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction material are consistent with other single-family residences in the neighborhood. 2 Planning Commission Resolution No. 2007-_ 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 a. There are special circumstances applicable to the property 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 districts 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 subject property has an average slope in excess of 50% and the buildable portion of the site is substantially reduced because of the natural lot configuration. In an effort to create a dwelling consistent with the size and mass of the . surrounding dwellings the project architect has requested that the front yard setback be reduced from 30 feet to 22 feet, and that retaining walls reaching a height of 8 feet be allowed. b. 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. The adjacent dwelling units were constructed in compliance with development standards that are no longer applicable in the City of Diamond Bar. The currentmorerestrictive development standards significantly impact the design alternatives available to the project architect. In an effort to meet the setback requirements the standard design solution would be to construct more terraced retaining walls. The additional retaining walls may reach a point of being cost prohibitive and the appearance of the numerous walls is contrary to the City's design objectives. C. Granting the minor variance is consistent with the general plan and any applicable specific plan. The granting of the setback variance and the increase in the allowable height of retaining walls will aid in achieving the design goals and objectives of the community. The use of additional retaining walls will require additional site grading and the import of substantially more fill material. 3 Planning Commission Resolution No. 2007-_ d. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The public welfare and safety would be enhanced by the reduction of grading of the portion of the site that will be left in a natural state if the setback and wall height variances are approved. -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 regarding this proposed project. (2) 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. (3) The required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan in terms of plant selection, placement and maintenance. (4) The exposed face of all retaining walls shall be covered with masonry veneer approve d the Director. The masonry shall be a ledger type stone, the color of which shall be selected by the project architect and approved by the Director. (5) The minimum depth of the front yard setback shall be 22 feet as measured from the private street easement. (6) The minimum depth of the rear yard setback may be at ten feet, however, the minimum average rear yard shall not be less than 25 feet. (7) The second story roof decks shall be eliminated. (8) The height of the proposed dwelling shall be surveyed before the rough framing inspection shall be made by the Building Department. A note to that effect shall be placed in a prominent location of the construction plans. (9) The maximum exposed face of any retaining wall shall not 4 Planning Commission Resolution No. 2007-, exceed eight feet. The retaining wall shall be constructed of decorative masonry material approved by the Director. All 5 Planning Commission Resolution No. 2007-, retaining wall shall be screen with approved landscape material. b. Building and Safety Division (1) Fire Department approval is required. Please contact the Fire Department. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Applicant shall submit an application to the Walnut Valley Water District to obtain a "Will Service" certificate that will meet the domestic and Fire Flow requirements for the proposed project. Written verification shall be submitted to the Building and Safety Division prior to the issuance of building permits. C. 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, Mr. Sam Bhogal, 23415 Pleasant Meadow, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. :-A Steve Nelson, Chairman 1, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 24th day of July 2007, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 6 Planning Commission Resolution No. 2007- COMMUNITY DEVELOPMENT DEPARTMENT USE PERMITS5 COMMERCIAL AND RESIDENTIAL NEW A11,11, REMODELED STRUCTURES PROJECT No: Development Review No. 2006-38 & Minor Variance No. MV 2007-06 SUBJECT: Construction, of a new 3 -story Single -Family Dwelling and Accessory structures PROPERTY Mr. Paul Ghotra OWNER: 24251 Delta Drive Diamond Bar, CA 91765 APPLICANT: Mr. Sam Bhoqa 23415 Pleasant Meadow Diamond Bar, CA 91765 LOCATION: 22909 Ridgeline Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS' 1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-38 and Minor Variance No. 2007-06 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any 7 Planning Commission Resolution No. 2007-_ 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. 2006-38 and Minor Variance No. 2007-06, 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 Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2007 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans. 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 8 Planning Commission Resolution No. 2007-. 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 comes 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. 2006-38 and Minor Variance No. 2007-06 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 referenced herein 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, and the Development Code regulations. 2. 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. 3. All roof mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 9 Planning Commission Resolution No. 2007- 2. 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, 3. Prior to the Planning Division's final inspection and/or Certificate of .Occupancy .issuance, ..the -.landscaping/irrigation -.shall be installed or replaced. Any dense plant material or fencing proposed in the front setback shall not exceed 42 inches maximum height. 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that any and all slope vegetation is in satisfactory condition. F. SOLID WASTE I The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste d ' isposal services shall be provided by the City franchised waste hauler to all parcelsllots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: F-mmoge-wk, 1 Applicant shall follow special requirements as required by the City Engineer for construction in a Restricted Use Area. No portion of the habitable structure shall be located in the Restricted Use Area and a Covenant and Agreement to construct in a Restricted Use Area shall be recorded and returned to the City prior to the issuance of any grading or retaining wall permits. 2. 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 10 Planning Commission Resolution No. 2007-_ incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. 3. 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. 4. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited -to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 11 Planning Commission Resolution No. 2007- C 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 Driveways h ' all 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. 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. 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. FI-11.1-31ZETEN 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 (Not required) 12 Planning Commission Resolution No. 2007- E. UTILITIES (Not required) F. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. G. TRAFFIC MITIGATIONS (Not required) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Applicant must pay School fees prior to issuance of permit 2. Proposed sculpture, water fountain, retaining walls, pool/spa, BBQ area, gazebo, pond and tennis court shall be under separate permits 3. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code,. California Mechanical Code, and the 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 4 Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 5. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 7. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 8. A height survey shall be required at completion of framing. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. All balconies shall be designed for 601b. live load. 12. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 13 Planning Commission Resolution No. 2007-_ 13. Indicate all easements on the site plan. 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for'the location of your property. If this project is located in 1771iqh Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 15. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 16. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 17. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 18. Specify location of tempered glass as required by code. 19. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 20. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 14 Planning Commission Resolution No. 2007- gra SITE PLAN - UNITED LAND DEVELOPMENT CORP` MR AND MRS PAUL GHOTRA RESIDENCE - 23415 PLEASANT MEADOW, DIAMOND BAR, CA. 91765 22909 RIDGE LINE LOT 30 TRACT 30091 DRC 20006-38 'PH 909 455 2320 b A� eV� o °a 47 ! 'I c �s rn 4 AeyoY _ i,lL.Ilptl q V y a Y -o M.IO,S .N '5oio m�lm Gli AWN-` �NNlo N XXOZ-'mD >.a fnmmoz� z.. OI mNp r mr y'ZOOONRmmoommX OO r D O . '. .Op02 nVZCO 'mnmm� 'O :drmm2%n •�'1. mr -oor .p'o >aC RI O D W ZyDD DZZ DZ Om00 Z Z. 111 y^... tim _ :n OW -8, N .0 2-0 SITE PLAN - UNITED LAND DEVELOPMENT CORP` MR AND MRS PAUL GHOTRA RESIDENCE - 23415 PLEASANT MEADOW, DIAMOND BAR, CA. 91765 22909 RIDGE LINE LOT 30 TRACT 30091 DRC 20006-38 'PH 909 455 2320 �� �1Q1Sd y K�fp c� Ell _,-•"��`,�~♦iad \ �,,,,�1_ w' URE RM RIVET pm /, ^--••-`� • . -"� --=� — ti fIRAIN PIPEWT �aRN B m �` 1 ��+.`..."' � :� .•_ � //G. ra i ENVELOPE AT UNE fl _...._.__ -L ENVELOPE AT UNE A apry oryc wn ♦ = �C, ROAD �SE F z z � $ k915fpSd. ¢ m a 6 a'e kms` gy3 a Fs � sig � Y g E Rug ¢: a s; iyagar� g� FSF Eg yap Y a ¢ dS� -41 ct e�, Vs, r 0 O O § 9 < oq9 O 4g S� Y T O f.E ¢ 3 F3, dg 6 aha 10 OT. ¢ z O$ a F e E$F' E=a 16, b la HEL'JHESt9EHCE' 'AGO m Y299981H6EI1gEBHAH pLIMfNG PLAN: e�w'owm�rs H99d9HH099,EA :. ' w Ya,,,,e, AHGHIiEC � gEWHE5IHFACE �� alp ; w. F: 22909 DIRGE LIVE Ron I'MIN6ptm BHW9ABBAA•CA eamw + AECHITEC u�r�aiw "� `v s 3p b I �Id5 Q 5 S .•Z as° Y \n LA m �• `BSc . 2 AF'A8TI3859898 ,. � gEWHE5IHFACE �� alp ; w. F: 22909 DIRGE LIVE Ron I'MIN6ptm BHW9ABBAA•CA eamw + AECHITEC u�r�aiw "� r ------- ----------i I I I � I � 1 i I � IA - I I i 1 L--.------- I G' 1 0I . i �, to Q N PEll i W -v 11 . gg I it -- ------------- U) " mz ... r ' D Z BASEMENT PLAN: o�.nnven UNITED LAND DEVELOPMENT CORP *s p MR AND MRsPAUL cHorna RESIDENCE a„ '°� f 23415 PLEASANT MEADOW, DIAMOND DAR, CA. 91765 " 22909 RIDGE LINE LOT 30. TRACT 30091" " : PH. 909 455 2320 IIF II � I I i 7 I _ / I 0o _ u a I. I 00 8 I I Y F 1 I MM v to I OI N'H 13N I i. Z ❑ i E i s I i � 1® I _ Z .. O Z i -1 . N b I ' r----' _ >r - - \y . '. O .. Y -Y �Y-tr 15-6• ,. r .. 99930091 Af1061ECTLAN LAND DEVELOPMENTA PvUNITED RESIDENCE ' ' w.vn.M''�' '�' '� 23415 PLEASANT MEADOW, DIAMOND' DAR; CA.91)65 TRACT. - -' PH -909 455 2320 I I j! I i •i .ilitI � m - EAST AND WEST ELEVATION§ i U) ..` - - = m - mr— m m !< co p O Z sioE ELEVATIONS u�ouser UNITED oeva.orm LAND DEVELOPMENT CORP CI)22909 23415 PLEASANT MEADOW, DIAMOND BAR, CA. 91765 PH 909 45555-2320 MR AND MRs' PAUL' OHOTRA REsioENCE - RIDGE LINE LOT 30 TRACT 30091 I I cc� b I I E O i a . 0 I.! 20 1 Il Y. Ll all _ i i It � GL v -L: UNITED.LAND DEVELOPMENT CORo�23415 ESiTE sEcTioNs PLEASANT MEADOW„DIAMOND BAR, CA91765 R ANDRS PAULPH 909.458 2320>2909 RIDGE UNE L0T 30, TRACT 30091 DRC 20006-38 Y� W7W� a �,jj\�j y •=fp , = i Mn -I i ��\j/,�% -��li ;� o . j j �-�'i if- I =m i �•ii i ° j rn E5 ztg I� it ��+•\'��.I'�/ `� i� ' �� I. 111 i it I-_- � �f ���� i I ... % ��� � C��II � � ➢ I.1 I III II ��j, j/ ,i N SITE SECTIONS UNITED LAND DEVELOPMENT CORP = ^m«R m� «� 23415 PLEASANT MEADOW, DIAMOND BAR, CA. 91765 MR AND MRS PAUL. GHOTRA RESIDENCE DRC 2006-38 „m.� -. N 22909 RIDGE LINE LOT 30; TRACT 30091 MT PH 909 455 2320 AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.5 MEETING DATE: July 24, 2007 CASE/FILE NUMBER: Development Review No. DR 2006-25 & Variance No. 2006-01 PROJECT LOCATION: 1948 Flint Rock Road Diamond Bar, CA 91765 APPLICATION REQUEST: To construct an 8,002 sq. ft. three-story single-family family residence with an attached 1,069 sq. ft. garage and an attached 1,470 sq. ft. second dwelling unit on a 4.81 -acre parcel of land. Applicant is requesting relief from: the required front yard and rear yard setbacks; maximum allowable retaining wall height; maximum allowable size of a second dwelling unit; and to exceed the allowable building height of 35 feet. PROPERTY OWNERS: Christopher and Heidi Leu 22458 Falconburn Way Diamond Bar, CA 91765 APPLICANTS: Pete Volbeda, AIA 615 N. Benson Avenue, Unit D Upland, CA 91786 STAFF RECOMMENDATION: Open the public hearing, receive public input and consider the project. On April 12, 2005, the Planning Commission approved Development Review No.:2004-12 for the construction of a new three-story house for the site. Based on additional geotechnical studies done in May 2006 by the applicant's team, it was found infeasible to construct the proposed house situated in the middle of a buttress fill. The applicant representing the property owner stated that a new design of the house is required to address the buttress fill. On June 19, 2006, the applicant submitted anew project for the site. Based on a review of the application and development plans, an incompleteness letter dated July 19, 2006, was sent to the applicant and property owner. The letter included a list of identified incompleteness items and code deficiencies with the purpose of assisting the applicant in the preparation and submittal of a complete development package. The applicant has submitted revised development plans five times and each time our Planning Consultant has responded with a letter. Each letter requested the applicant to provide additional information, clarify inaccuracies or request to address the identified issues. Attached are Exhibit "C"- a chronology of the review process for the project, and Exhibit "D" - incompleteness letters to the applicant. Staff and the planning consultant are frustrated that the applicant has not responded to the letters or recommendations to bring the proposed project into compliance with the City's Hillside Management Development Standards. Because the applicant and the property owner have requested the project to be heard by the Planning Commission, staff forwarded it for Planning Commission consideration. A. Project Description. The proposed project is to construct a new three-story, 8,002 Square foot single- family residence with an attached 1,069 square foot garage. The proposed project includes a 1,470 sq. ft. second dwelling unit (area is included in the livable area calculations). The applicant is also requesting Variances to reduce the required front yard setback from 30 feet to 22 feet, reduce the rear yard setback from 25 feet to 3 feet, increase the allowable retaining wall height from 4 feet to 8 feet, increase the allowable floor area for a second dwelling unit from 1,200 square feet to 1,470 square feet, and to increase the allowable building height from 35 feet to 38 feet. B. Site Description The site is located on the east side of Flint Rock Road approximately 560 feet south of Ridgeline Road. The site is legally described as Lot 97, Tract 30081. The Tax Assessor Parcel No. is 8713-032-025. The site contains 4.81 gross acres of land area. It is currently undeveloped and slopes steeply downward in an easterly direction. The subject property has an average slope in excess of 50% percent therefore the project is subject to the City's Hillside Management Standards. PAGE 2 DR 2006-25 C. Site and Surrounding General Plan, Zoning and Uses D. Review Authority (Chapters 22.22, 22.48, and 22.54) The construction of a single-family residence requires approval of a Development Review Application. Deviations from the development standards require Variances and they are as follows: Reduction of the minimum front yard setback from 30 feet to 22 feet. 2. Increase retaining wall height to 8 feet. 3. Reduction of the required 25 feet rear yard setback as measured from the edge of the building pad to 3 feet. 4. Increase in the allowable floor area of a second unit from 1,200 square feet to 1,470 square feet. 5. Increase the maximum allowable building height from 35 feet to 38 feet. E. Development Review (22.48 1 Residential District General Development Standards: The following table compares the proposed project with the development standards. of the R-1 (40,000) RR Zone. General Plan Zone Uses §Jte Single Family Residential R-1 (40,000) RR Vacant North Single Family Residential R-1 (40,000) RR Residential South Single Family Residential _ R-1 (40,000) RR Residential East Single Family Residential R-1 (40,000) RR Residential West Single Family Residential I.R-1(40,0,00)RR Residential D. Review Authority (Chapters 22.22, 22.48, and 22.54) The construction of a single-family residence requires approval of a Development Review Application. Deviations from the development standards require Variances and they are as follows: Reduction of the minimum front yard setback from 30 feet to 22 feet. 2. Increase retaining wall height to 8 feet. 3. Reduction of the required 25 feet rear yard setback as measured from the edge of the building pad to 3 feet. 4. Increase in the allowable floor area of a second unit from 1,200 square feet to 1,470 square feet. 5. Increase the maximum allowable building height from 35 feet to 38 feet. E. Development Review (22.48 1 Residential District General Development Standards: The following table compares the proposed project with the development standards. of the R-1 (40,000) RR Zone. PAGE 3 DR 2006-25 R-1(40,000) RR — Meets Development Feature Development Proposed Requirements Standard Minimum lot area 1 Acre 4.81 gross acres. Yes Residential density 1 single-family unit 1 single-family unit Yes No I second unit 1 second unit Variance Second Dwelling Unit maximum 1,200 sq. ft. 1,470 sq. ft. required No Front Setback 30 feet 22 feet Variance required PAGE 3 DR 2006-25 2. Code Deficiencies: The applicant must revise the plans to address and comply with the above development standards or the Planning Commission approves a Variance from the City's development standards if the required findings can be made. 3. Second Dwelling Unit (Chapter 22.42): The maximum size of a second unit is 1,200 square feet. The applicant plans noted 1,199 square feet. As staff calculated the area, the second unit is 1,470 square feet, which exceeds the maximum allowable size. The applicant has not provided accurately dimensioned floor plan that demonstrated the second unit is 1,200 square feet or less. 4. Elevations: The front elevation includes stone materials that provide enhancement to the building design. However, the stone material is not carried over to the rear and two sides' elevations, especially when the increase building mass created blank walls. Additional architectural elements should be provided to the front and sides elevations. E. Does the project meet the intent of the Hillside Management Ordinance? The lot is relative flat for about 30 feet in the front yard and then it drops in a descending slope at approximately 65 percent. The applicant proposed to orient the house on the descending slope that drops 30 feet (approximately between 1130 and 1100 contours) within a distance of 56 feet. The applicant proposed to use raised foundation, caissons and retaining walls up to 8 feet high to create a level building pad with a finished floor elevation of 1125 for the first floor. There is a basement with a finished floor elevation of 1112. As a result, it added building mass PAGE 4 DR 2006-25 15 feet /10 feet 10 feet - North side Side setbacks 25 feet between structures 15 feet - South side Yes 25' between structures 25 feet from property line or 3 feet from edge of No Rear setback buildable pad on a descending buildable pad Variance slope whichever is applicable required Lot coverage 30% 2.7% Yes 4 feet to create building pad No Retaining Wall Height 6 feet permitted 8 feet high retaining wall Variance 7 feet allowable by Director required No Building Height Limit 35 feet maximum 38 feet Variance required Landscaping 50% of Required Front Yard 52% Yes One permitted Number of driveways If site has 70 feet of frontage 2 driveways Yes two are permitted Parking 2 spaces fully enclosed 4 spaces fully enclosed Yes 2. Code Deficiencies: The applicant must revise the plans to address and comply with the above development standards or the Planning Commission approves a Variance from the City's development standards if the required findings can be made. 3. Second Dwelling Unit (Chapter 22.42): The maximum size of a second unit is 1,200 square feet. The applicant plans noted 1,199 square feet. As staff calculated the area, the second unit is 1,470 square feet, which exceeds the maximum allowable size. The applicant has not provided accurately dimensioned floor plan that demonstrated the second unit is 1,200 square feet or less. 4. Elevations: The front elevation includes stone materials that provide enhancement to the building design. However, the stone material is not carried over to the rear and two sides' elevations, especially when the increase building mass created blank walls. Additional architectural elements should be provided to the front and sides elevations. E. Does the project meet the intent of the Hillside Management Ordinance? The lot is relative flat for about 30 feet in the front yard and then it drops in a descending slope at approximately 65 percent. The applicant proposed to orient the house on the descending slope that drops 30 feet (approximately between 1130 and 1100 contours) within a distance of 56 feet. The applicant proposed to use raised foundation, caissons and retaining walls up to 8 feet high to create a level building pad with a finished floor elevation of 1125 for the first floor. There is a basement with a finished floor elevation of 1112. As a result, it added building mass PAGE 4 DR 2006-25 that varies between 5 to 15 feet where a two-story building looks like a three-story, and it exceeds the maximum allowable 35 -foot building height. The Hillside Management Ordinance states that structure shall conform to the natural topography and stipulate that the maximum height of a retaining wall to create a building pad cannot exceed four (4) feet. The code also allows an additional retaining wall due to unusual or extreme conditions but must be separated by 3 feet. Instead of making use of the natural grade to terrace the pad and the structure, the applicant's design added effective bulk and increased building height rather than reduce it. (See Exhibit "B" Section 22.22.10 diagram). The architectural guidelines of the Hillside Management requires the form, mass, and profile of the structures and architectural features be designed to blend with the natural terrain and preserve the character and profile of the natural, slope. A combination of split pads, stepped footings and grade separation should be used. The structure should avoid excessive downhill elevations. It states that the intent is to ensure that the development will complement the character and topography of the hillside area and a desire to apply the application of good hillside planning techniques. Based on the applicant's proposed design, staff believes that it does not meet the intent and the purpose of the Hillside Management Ordinance. G. Variance Requests The applicant has requested a Variance to reduce frontyard setback from 30feet to 22 feet; reduce the rear yard setback from 25 feet to 3 feet, increase the allowable retaining wall height from 4 feet to 8 feet, increase the habitable area of a second dwelling unit from 1,200 square feet to 1,470 square feet and to exceed the allowable building height of 35 feet. To approve a Variance, the Planning Commission must make all the findings as shown in Exhibit "E." Staff is of the opinion that the proposed size of the house is too big for the lot. Further staff believes that there are design solutions that would not require multiple Variances or reduce the number of require Variances. H. General Plan, Design Guidelines and Compatibility with Neighborhood To approve the proposed project, the Planning Commission must make the findings that the proposed project complies with the goals and objectives as set forth in the adopted General Plan and that the proposed project will not negatively affect the existing surrounding land uses and the design is compatible with the existing neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within, a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune newspaper. A PAGE 5 DR 2006-25 notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15303 and 15332 of the CEQA guidelines. R. X94JITIT IUA Nk I 171—Y I rem Staff recommends Option to deny proposed project as it fail to comply with the Development Standards and Hillside Management Ordinance. However, there are options that the Planning Commission could consider and they are as follows: 1. Close the public hearing and direct staff to prepare a resolution for consideration by the Planning Commission at its meeting of August 28, 2007 denying the project as submitted; or 2. Continue the public hearing to September 11, 2007 and direct the applicant to modify the submitted plans to comply with the development standards and Hillside Management Ordinance as set forth in the City's Development Code; or 3. Close the public hearing and direct staff to prepare a resolution for consideration by the Planning Commission at its meeting of August 28, 2007 conditionally approving the project as submitted and granting variances from the following development standards: Maximum allowable size of second dwelling units Minimum front yard setback Minimum rear yard setback Maximum allowable height of retaininq walls Maximum allowable building height, Prepared by: Reviewed by: " '4 David D. Meyer, AICP Nancy Fong, P— Al -�� LDM Associates, Inc. Community Deflopment Director Planning Consultant Attachments: 1. Aerial 2. Exhibit "A" - Site, grading and landscape plans, and elevations 3. Exhibit "B" — Excepts of the Hillside Management Ordinance Section 22.22 4. Exhibit "C" — Chronology of review process 5. Exhibit ".9" — Incompleteness letters to applicant 6. Exhibit "E" — Variance legal findings PAGE 6 DR 2006-25 § 22.20.090 DIAMOND BAR CODE Sec. 22.20.090. Authority to waive or modify requirements. The hearing officer may waive. or modify the requirements of this section in compliance with the provisions of chapter 22.56 (Minor Conditional Use Permits). (Ord. No. 02(1998), § 2, 11-3-98) CILAPTER 22.22. HILLSIDE MANAGEMENT Sec. 22.22.010: Purpose. This chapter establishes regulations for development within hillside areas to: (1) Preserve and protect the views to and from hillside areas in order to maintain the identity, image and environmental quality of the city; (2) Maintain an environmental equilibrium consistent with the native vegetation, animal life, geology, slopes, and drainage patterns; (3) Facilitate hillside preservation through appropriate development standards and guidelines of hillside areas. The guidelines are intended to provide direction and encourage development which is sensitive to the unique characteristics common to hillside properties, which include, slopes, land form,. vegetation and scenic quality. Innovation in design is encouraged as long as the end result is one which respects the hillside and is consistent with the purposes expressed in this section and in the goals and objectives of the general plan; (4) Ensure that development in the hillside areas shall be concentrated in those areas with the least environmental impact and shall be designed to fit the existing land form; (5) Preserve, where possible, significant features of the natural topography, including swales, canyons, streams, knolls, ridgelines, and rock outcrops. Development may necessarily affect natural features by, for example, .roads crossing ridgelines. There- fore, a major design criterion shall be the minimization of such impacts; (6) Provide a safe means of ingress and egress for vehicular and pedestrian traffic to and within hillside areas, with minimum disturbance to the undeveloped terrain; (7) Correlate intensity of development with the steepness of terrain in order to minimize the impact of grading, unnecessary removal of vegetation, land instability, and fire hazards; (8) Provide in hillsides alternative approaches to conventional flat land development practices by achieving land use patterns and intensities that are consistent with the natural characteristics of hill areas (e.g., slopes, land form, vegetation and scenic quality); and (9) Encourage the planning, design and development of sites that provide maximum safety with respect to fire hazards, exposure to geological and geotechnic hazards, Supp. No. 6 CD22:66 DEVELOPMENT CODE § 22.22.080 plan, and in compliance with the setback requirements of section 22.08.040 (residen- tial zoning district general development standards). For all lots subject to this chapter, building setbacks shall: be measured from the-edgie of the building pad: Figure 3-16 (7) Retaining walls associated with lot pads shall not exceed four feet in height. Where an additional retained portion is necessary due to unusual or extreme conditions, (e.g., lot configuration, steep slope, or road design) the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall be separated by a minimum of three feet with appropriate landscaping. Terraced retaining walls shall not be used as a typical solution within a development and shall be limited to the minimum required subject to approval of the director. (8) Lot lines shall be placed two feet beyond top of major slope areas within public view corridors to help ensure their maintenance by the downhill owner. Supp. No. 6 CD22:83 § 22.22.080 DIAMOND BAR CODE (c) Grading guidelines. (1) Where possible, graded areas should be designed with manufactured slopes located on the uphill side of structures, thereby hiding the slope behind the structure. (Figure 3-17) FIM smpa. should b. mwWod to pm%ids a mors a.hsml sppaar«ns. Lamm,narxCdskpas shotsM be t*Catsd on U0 UP M skim of fh* mbvctm m rmduos the .pp wjoe of prsdhV rmad.W —8- wr ba tmad. im Figure 3-17 (2) Terraced. retaining structures up to four feet in height maybe utilized when separated by a minimum of three feet and appropriate landscaping. (Figure 3-18) This Terraced retaining malls break-up mass and are easier to screen. Figure 3-18 Not This Single retaining wall makes a massive scar on hillside and is difficuft to screen. (3) On lots sloping with the street, and other configurations not discussed above, one retaining wall, not to exceed 42 inches in height, may be used in a side yard where necessary. Supp. No. 6 CD22:84 DEVELOPMENT CODE § 22.22.080 (4) Retaining walls that are an integral part of the structure may exceed four feet in height; however, their visual impact shall be mitigated through contour grading and landscape techniques. (Figure 3-19) ------------ f J t...... Figure 3-19 (5) The following factors shall be taken into consideration in the design of a project: a. When space and proper drainage requirements can be met with approval by the city engineer, rounding of slope tops and bottoms shall be accomplished. b. When slopes cannot be rounded, vegetation shall be used to alleviate a sharp, angular appearance. C. A rounded and smooth transition shall be made when the planes of man-made and natural slopes intersect. I When significant landforms are "sliced" for construction, the landforms shall be rounded to blend into natural grade. e. Manufactured slope faces shall be varied to avoid excessive "flat -planed" sur- faces. (Figure 3-15) Supp. No. 6 CD22:85 § 22.22.080 DIAMOND BAR CODE (6) No manufactured slope shall exceed 30 feet in height between terraces or benches (Figure 3-20) 30' Maximum =. .30', Maxim um Figure 3-20 (7) Where cut or fill conditions are created, slopes should be varied rather than left at a constant angle which may be unstable or create an unnatural, rigid, "engineered" appearance. (Figure 3-21) f V Z ' Not ThW- f` This Varying cut or fill slope creates more natural appearance. Figure 3-21 Supp. No. 6 CD22:86 § 22.22.110 Sec. 22.22.110. Site design. (a) Site design standards. The dimensions of a structure parallel to the direction of the slope shall be maximized in order to limit the amount of cutting and filling and to better fit the house to the natural terrain. (Figure 3-31) This Not This Terraced decks do not . . Overhanging decks increase building bupc make buildings seem Effective mora massive Bulk Building correctly fits' into the ground and • minimizes the effect on the hillside. use low level decks and side decks. Terracing reduces bulk. Smaller overhangs for indlvldual floors or windows help brerak _ up grass and protect against excessive sunlight. Effective - Bulk ' Effective .~ . Bulk Figure 3-31 Supp. No. 6 CD22:95 High profile buMng stands out on the hills"rde:. Avoid ''decks flanging from the downhill side_ Cantilever mars building apptartaller, mote gnonurnerttal. Excessive roof overhang results in additional visual bulk. 22.22.110 (b) Site design guidelines. (1) Design of building sites should be sensitive to the natural terrain. Structures should be located in ways as to minimize necessary grading and to preserve natural features (e.g., knolls or ridgelines). (Figure 3-32) a Figure 3-32 (2) Views of significant visual features as seen from both within and outside a hillside development should be preserved. The following provisions shall be taken into consideration: a. Dwellings should be oriented to allow view opportunities, even if views are limited. Residential privacy should not be unreasonably sacrificed. b. Any significant public vista or view corridor as seen from a secondary, collector, or major arterial should be protected and enhanced where feasible. C. Over -emphasized vertical structures disrupt the natural silhouette of the hill- side. Structures should fall below the top of ridge elevation. (Figure 3-33) Supp. No. 6 CD22:96 DEVELOPMENT CODE § 22.22.120 (3) Projects should incorporate variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents. This Stmcwty should tnU below top of ridge elevation. R >� n iEEEJ Figure 3-33 (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.22.120. Architecture. (a) Architecture standards. Not This 13 EEE us+i f , • �, Ovirt,.at�Mb*d Wdcal w4ucWras dsarupt uta lmwnd allwuWa of the tgbkfa- (1) The maximum structure height shall be 35 feet as measured from natural or finished grade at the front setback, extending towards the rear of the parcel. The maximum height at the side setback shall be 25 feet extending up to the center of the lot at a 45 degree angle to a maximum height of 35 feet as measured from natural grade or finished grade. (Figure 3-34) Downhill section i in is cv r, Figure 3-34 Street Eevation (2) Structures shall be terraced to follow the natural slope. (3) Architectural treatment shall be provided to all sides of the structure visible from a public street. Supp. No. 8 CD22:97 22.22.120 (4) Exterior structural supports and undersides of floors and decks not enclosed by walls shall be permitted provided fire safety and aesthetic considerations have been adequately addressed. (5) Exterior flood lighting for safety shall be located and shielded so as not to shine on adjacent properties. Decorative lighting to highlight a structure is allowed when properly shielded. (b) Architecture guidelines. The form, mass, and profile of the individual structures and architectural features should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Some techniques that should be considered include: (Figure 3-35) a. Split pads, stepped footings, and grade separations to permit structures to step up the natural slope. b. Detaching parts of a dwelling (e.g., garage). C. Avoid the use of gable ends on downhill elevations. The slope of the roof should be oriented in the same direction as the natural slope and should not exceed natural slope contour by 20 percent. This LJ=Jt P.Oe SCCHQC= to pamw a- Slope BuMng Sattemng of vm-acw sad*c�" . . ; MW6MWn He;qft Llnft Rct 7W% Ftkfid VerficM • Ekmiert Figure 3-35 (2) Avoid excessive cantilevers on downhill elevations. (3) Excavate underground or utilize below grade rooms to reduce effective bulk and to provide energy efficient and environmentally desirable spaces. However, the visible area of the structure shall be minimized through a combined use of regrading and landscaping techniques. Supp. No. 8 CD22.98 DEVELOPMENT CODE § 22.22.120 (4) Use roofs on lower levels for open space decks for upper levels. (Figure 3-36) This Not This Use of naf iraf materials and window placement in small increments create small scale patfarrw. Break up massing of structural elements to mon; closely approximate the natural slope. stone foundations and retaining walls relate to the ground. Figure 3-36 'C! Ej — Massive roof area is very visible in contrast,to the natural slope. Large facade of one material. (5) Use building materials and color schemes that blend with the natural landscape of earth tones and natural chaparral vegetative growth. (6) Minimize the width of a structure measured in the direction of the slope to limit the amount of cutting and filling and to better "fit" the structure to the natural terrain. (Figure 3-37) This Not This Building pulls back from steeper slopes and ravines on the hillside: Minor building protrusions perpendicular to' d e contours are as=eptable when inset in hiiWde. Building is parallel with the contours (Ord. No. 02(2001), § 20, 11-6-01) Figure 3-37 Supp. No. 8 CD22:99 Buddng is perpendicular to the contours_ § 22.22.130 DIAMOND BAR CODE Sec. 22.22.130. Fences and landscaping. (a) Fences. and landscaping standards. (1) Walls and fencing, not exceeding six feet in height, visible from roadways or public rights-of-way shall be visually open and non-opaque. The director may waive this requirement for noise impacted sites. (2) Privacy walls and fences, not exceeding six feet in height, are allowed adjacent to structures, in order to provide private outdoor areas. Walls and fences shall use materials and colors compatible with the structure's facade. (3) Native or naturalized plants or other plant species that blend with the landscape shall be utilized in all areas with required planting in compliance with section 22.24.050 (Landscape standards). (4) Fire retardant plant materials shall be utilized in compliance with section 22.22.140 (Fire protection standards). Plants selected as ground cover, shrubs, or trees shall be from a list approved by the city. (5) A permanent landscape and irrigation system, for purposes of establishing and maintaining required planting, shall be installed on all slopes. The emphasis shall be toward using plant materials that will eventually need minimal irrigation. Water and energy conservation techniques shall be utilized, including drip irrigation, reclaimed water, and Xeriscape. This Not This No effective bulk. Planting pockets on stepped retaining wall allow screen planting at several levels. Figure 3-38 No planting possible due to toe of retaining wall. Large concrete retaining wall surfaces can be seem for miles and take years to conceal with planting and trees. (6) Landscaping shall be used to screen views of down slope building elevations. When the structure height exceeds 20 feet from finished grade on a down slope, additional landscaping is required and a landscaping plan shall be submitted for review with the submittal package. Supp. No. 8 CD22:100 DEVELOPMENT CODE § 22.22.130 (7) Slopes with required planting shall be planted with informal clusters of trees and shrubs to soften and vary the slope plane. Where required by the city, jute netting shall be used to help stabilize planting and ininimize soil erosion. (8) Native vegetation shall be retained and supplemented within undeveloped canyons and along natural drainage courses as allowed by state and federal resources agencies (State Department of Fish & Game, U.S. Fish and Wildlife, U.S. Army Corps of Engineers). This Not This Planting Naturally Follows �. the Average Slope u Open See-Thru t Fencing Blends Into .. the Natural Environment Large Highly Visible Solid Walt;-=-� Retaining Walls Screening Required - 1 No Screening Clear Cut Separation Transition Area—/ Between Natural Condition and Developed Area With No Transition Figure 3-39 (b) Fencing and landscaping guidelines. (1) Use natural landform planting to soften manufactured slopes, reduce impact of development on steep slopes or ridgelines, and provide erosion control. (2) Maintain a revegetative backdrop by replanting with approved trees. The. vegetation should reduce the impact of the structures to the extent possible at maturity and preserve the appearance of the natural hillside. .!Skyline Typical Building Clustering Supp. No. 6 CD22:101 22.22.130 DLA -MOND BAR CODE (3) Use landform grading to replicate the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform -graded slopes are character- ized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, not linear in Plan view and varying slope gradients, and significant transition zones between man-made and natural slopes. Resultant pad configurations are irregular. (Figures 3-13 and 3-14) (4) Slope down -drain devices should be designed to either follow "natural" lines of the slopes or are tucked away in special swale and berm combinations in order to conceal the drains from view. Exposed segments in high visibility areas should be treated with natural rock. (5) Landscaping should become a "revegetation" process and be applied in patterns that occur in nature: Trees and shrubs are concentrated largely in concave areas, while convex portions are planted mainly with groundcovers. (Figure 3-42) Landform Planting Skyline Planting Conventional Planting trregLtIar visual plane in cross-section. Figure 3-41 Supp. No. 6 CD22:102 uniform visual ptam in cross-section. Chronology of Review Process Development Review No. 2006-25 1948 Flint Rock Page 1 Date Status/Comments 6/19/06 First submittal - New application and development plans 7/19/06 First Notice - Development plans deemed incomplete; letter sent to applicant identifying plan deficiencies. 8/15/06 Second submittal 9/6/06 Second Notice - Development Plans deemed incomplete; letter sent to applicant identifying plan deficiencies 9/18/06 Third submittal 10/18/06 Third Notice - Development Plans deemed incomplete, letter sent to applicant identifying plan deficiencies. (Four months lapse) 2/9/07 Notice of Project Review Termination - Letter to applicant indicating that the failure to submit revised plans indicates a lack of interest in the project. Applicant advised that when they were prepared to proceed - another application should be filed with the City. 2/13/07 Request for Extension - Applicant requested a 30 -day extension to allow for resubmittal of revised plans 2/27/07 'Extension Granted. Director granted an extension of the time limit to submit revised plans to March 30, 2007. 3/07 Fourth Submittal 4/13/07 Fourth Notice — Development Plans deemed incomplete, letter sent to applicant identifying plan deficiencies. 4/13/07 Project Meeting — Director met with project architect & plan check consultant to review plans and analyze deficiencies. 5/07 Extension Requested — Project architect requested another extension of time to revise plans. Director advised plan check consultant that an extension of time would be appropriate. 6/07 Fifth submittal pommr,'Ic 11 Chronology of Review Process Development Review No. 2006-25 1948 Flint Rock Page 2 6/25/07 Fifth Notice — None of the outstanding deficiencies were properly addressed by the revised plans. In an effort to conclude the City's review of the plans the applicant and property owner were notified that the project would be placed on the Planning Commission Agenda of July 24, 2007. Applicant notified that the staff would recommend denial of the project base on non-compliance with the City's minimum development standards LLDM Associates - Inc. Christopher and Heidi Leu 2354 Arcdale Avenue Rowland Heights, CA 91748 June 25, 2007 Pete Volb,eda 615 N. Benson Avenue, Unit C Upland, CA 91786 Subject: Development Review No. 2006-25 & Variance No. 2006-01 "Fifth Submittal" 1948 Flint Rock Road Diamond Bar, CA 91765 Zone: R-1 (40,000) Lot 97 of Tract 30091 APN 8713-032-025 LDM Associates Inc. has been retained by the City of Diamond Bar to provide planning consultant services and will be coordinating the review process for this project. I have been assigned to assist you throughout the review process. We have reviewed the revised plans for the fifth time and we have determined that the application is incomplete for processing. Attached is a list of items that need to be addressed prior to finding the application complete. Further processing of your application will begin once the listed items are submitted. In an effort to conclude the City's review of your project it is staffs intent to place this item on the Planning Commission Agenda of July 24, 2007. It is clear that you do not intend to follow the staffs suggestions and direction in order to ensure that the plans you wish to submit to the Planning Commission will fully comply with the City's development standards. Therefore, staff will provide the Planning Commission with the option to either conditionally approve the submitted plans or deny the application for non-compliance with the City's development standards. In order to complete the staff report in a timely manner the following items should be delivered to the City of Diamond Bar Planning Department by July 6, 2007: Without the requested information the project cannot be placed on the Planning Commission Agenda of July 24, 2007: Ensure that the property is correctly posted with the Planning Commission Public Hearing Date. The directions for posting can be obtained from the City of Diamond Bar Planning Department. Provide photographic evidence that the property has been posted by July 12, 2007. 2. Submit Fifteen (15) copies of the full scale plans folded to a size no larger than 11" x 17". 3. Submit One (1) set of plans reduced to 11" x 17". 4. Submit One (1) set of plans reduced to 8-1/2" x 11 5. Submit One (1) copy of the front elevation reduced to 11" x 17". 6. Submit Fifteen (15) copies of the colored front elevation reduced to 8-1/2" x 11 If you have any questions regarding the review process, or if we can be of further assistance, please contact me (909) 476-6006 ext. 102 or Ann Lungu, Associate Planner, City of Diamond Bar at (909) 839-7032, Monday through Friday 8:00 a.m. to 4:30 p.m. Sincer vi i D. M yer, Al cl P nning Consultan cc: Nancy Fong, Director of Community Development Ann J. Lungu, Associate Planner Kimberly Molina, Associate Engineer Dennis Tarango, Building Official rl--, LLDM Associates -Inc. Christopher and Heidi Leu 2354Aroda|eAvenue Rowland Me|gkte, CA 91748 April 12, 2007 Pete\/obeda O15N.Benson Avenue, Unit C Upland, CA 91786 Subject: Development Review No. 2006-25 & Variance No. 2OOO-01 "Fourth Submittal" 1948 Flint Rock Road Diamond Bar, CA 91765 Zone: R-1 /40'000\. Lot Q7ofTract 3OOS1 APN 8713-032-025 LDK8 Associates Inc. has been retained by the, City of Diamond Bar to 'de planning consultanteemioeaa--mi||becoondiO--' the revi pPooeos-forthiapa[Uou|a[prokeot. | have been assigned tn nd assist you throughout the review process We have reviewed the revised plans and we have determined thatthe application is incomplete for processing. Attached is a list of ' items that need to be addressed prior to finding the application complete. Further processing of your application will begin once the listed items are submitted We recommend that you address the issues on the attached list immediately to expedite the process. I addition, please submit five copies (folded to no larger than 11" x 17") of the revised plans to the Planning Division. An additional copy of the plans reduced to 11 " x 17" will be needed. A copy of the plans reduced to 8-1/2" x 11" is required for inclusion with the staff repot. The information and/or plans necessary to deem the application complete must be received within 60 -days from the date of this letter. Should you have any quostioDs regarding the review process, or J we can be of further assistance, ,mecJ�ana faa| fn�� to contact | (gOg) -8000 ext. 102 or Ann LuOgu. Associate Planner, City of Diamond Bar ed(SO9)839-7O32.Monday through Fhdoy8:OOa.nn.to4:3Op.m. Sincerely, David D. Meyer, AICP ' Planning Consultant cc: Nancy Fong, Director ofCommunity Development Ann J.Lungu.Associate Planner Kimberly Molina, Associate Engineer DennisTorango. Building Official 10722 Arrow Route, Suite 822 Rancho Cucamonga, California 91730 (909)476-6006Fax (909)476-6086 FILE NO.: Development Review No. 2006-25 & Variance No. 2006-01 PROJECT LOCATION: 1948 Flint Rock Road Diamond Bar, CA 91765 Project Description; Proposed Three-story, single-family residence and attached Second Dwelling Unit. Reduced Front Yard Setback required NOTE: This information is provided to assist in the preparation and submittal of a complete development package. Additional information or comments may be necessary based upon a more thorough analysis during the development review process. Comments from the Fire Department are to follow. I. Tips for a Successful Process: A. Address technical and design issues as early as possible B. Identify one person for overall coordination between your professional design team and to serve as the key contact person with city staff. C. The Development Code may be found on the City's web site (www.citvofdiamondbar.com) in the Municipal Code, Title 22. 11. Planning Division - (909) 839-7032 A. Technical Issues - The following preliminary technical issues are minimum code requirements which must be satisfied before the project can be recommended for approval to the Planning Commission. It is recommended that these issues be addressed in the revised plans. Building Height. From the information provided it appears that the proposed /I dwelling unit complies with the City's building height requirements. 2 Second Dwelling Unit: The maximum size of the attached second dwelling unit should not exceed 1,200 square feet. Please verify your calculations. The revised plans indicate that the second dwelling unit is 1,199 square feet. However, our calculations indicate that the unit approaches 1,400 square feet in size. Please provide verification that the proposed Second Dwelling Unit does not exceed 1,200 square feet in gross area measured to the exterior of the surrounding walls. 3- Retaining Walls. The retaining walls identified in the revised plans appear to meet the City's maximum height requirements. IN �10 'J�tok& Landscape PI The Landscape Plan appears tomeet the City's minimum t�4 standards. However, I T Q&se&any.Wfp,�� �Ia�Jap would comply with the L.A. County Fire Department's Fuel Modification Plan. 5. Easements. The titledidePt�edqU�eofeVvu�|�«easements on�e subject gaGeDle' should bep|o�edoOthe site plan and grading plan. property. ^ O. Restricted Use Easement. The engineering department has requested that you provide the recorded documents that vacated the Restricted Use Easement. Obtain approval from the County Estates � �' nl�a staQ0oedset ofH[V�ap plans to \�w - k �� the P|enOiD0 Division. The Tho �|aODinCommission�� `~~ | OS�Bf�P�th8��[�\�8Shg��n��pO[t��itvtOCO[DDl�Ot�r yOU[� '3Ct.|D|i8U is reluctant to review your �8 ° ' �-' of the approval ofthe HOAth8City has accepted g|etterhnmthe p[opedvOwner acknowledging his/her responsibility -to obtain oppPDvg\ from the HOA and that he/she understands that the HOA may have changes to the proposed plans that would require that the plans bBresubmitted tothe Planning Commission. |tviUbeinnpo�aOtduhOgthe plan check process tohave the name and address of the Property Owner onthe plans. You may wish toupdate " your plans with this information. The recorded Tract K88pindicates that the p[opedvline for the r^- arcel of land extends tothe nnidd|eofFlint Rock Road. Half ofthe street ject that ---the 'site fronts onisaneasement affecting the subject property. Therefore the n3So and Net Area of the SUhieCt property is not the same. You may wish to . \�~ recalculate the gross and net site area /�~\ Th�d�V8lO�eOtcode stipulates that not OOOFethat C, DO \��' development with impen/iouernaterio|. P|eaaeproVde Cn� ov/vv/ u/� /'m"x=."^".. the front yard ca|CU|8tiODSfV[landscaping and impervious material. ~ Section 22.1O.D8O(3)(c)ofthe Diamond Band Develoment 'Code allows stairs o intrude not more that 30 inches into the `= nq|��' side yard setback. You may wish toinclude -this inyour request for o variance. As a result of future review of the building plans additional cond.itions maV be imposed. The following comments have been made by the Engineering and Building Departments: Ill. Engineering Division - (909) 839-7040 /\nA!icaOt Sh8U follow special requirements as required by the City Engineer for CoDG[[UC�OD @ Restricted Use �[��. No portion of the — habitable StrUCtU[8 shall � O h �� � located in the Restricted Use Area and 8 3 Covenant and Agreement to construct in a Restricted Use Area shall be recorded and returned to the City prior to the issuance of any grading or retaining wall permits. 2. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures.. These, measures shall be, implemented during construction between October 1 stand April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMPs). 3. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 4. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 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. 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. 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. 61 I 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 (Not required) E. 'UTILITIES Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (If applicable) 2. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. 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. G. TRAFFIC MITIGATIONS (Not Required) IV. Building and Safety Division - (909) 839-7020 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 0 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage; and retaining walls locations. 6. Separate permits are required for pool, spa, pond and tennis court" and shall be noted on plans. 7. A height survey shall be required at completion of framing. 8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 9. Verify adequate exit requirements for the third floor. The distance between required exits shall be Yz of the building diagonal. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. All balconies shall be designed for 401b. live load. 12. Guardrails and handrails shall be designed for 20 load applied laterally at the top of the rail. 13. Indicate all easements on the site plan. 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. The project is located in High Hazard Fire Zone and it shall meet of requirements of the fire zone. a. All roof covering shall be "Fire Retardant". Tile roofs shall be fire stopped at the eavees to preclude entry of the flame or members under the fire. b. All unenclosed under -floor areas shall be constructed as exterior wall. c. 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 119 inch in any dimension except where such openings are equipped with sash or door. d. Chimneys shall have spark arrestors of maximum 1/2 inch screen. 15. All retaining walls shall be sub and to the Building & Safety and Public Work Departments for review approval. 16. Check drainage patterns with Engineering Department. Surface water must drain away from building at a 2% minimum slope. 17. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 18. Please provide exact living area square feet per floor clearly and accurately on each floor. 19. Provide window and door schedules. 20. All sleeping rooms must have windows that comply with egress requirements. 21. Smoke detectors shall be provided in conformance with the 2001 California Building Code. V. Fire Department 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 feet at all times during construction in accordance with Fire Department requirements. 2. 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. As a result of future review additional conditions may be imposed. EMIM I ILE LL DM Associates - Inc. February 27, 2007 Christopher and Heidi Leu 2354 Arcclale Avenue Rowland Heights, CA 91748 Subject: Notice of Project Review Extension Development Review No. 2006-25 1948 Flint Rock Rd., Diamond Bar, CA 91765 Dear Mr. & Mrs. Leu: The City of Diamond Bar received a request from the project architect for a 30 -day extension of the time needed to submit revised plans for the above mentioned project. As of this date the City of Diamond Bar has not received revised plans in response to its Notice of Incomplete Application dated October 18, 2006. Your failure to respond to previous written requests for needed information regarding the proposed project has left the City few alternatives. However, in an effort to facilitate your development program the Community Development Director has authorized the holding of the processing of your application in abeyance until March 30, 2007. When you are prepared please submit the revised plans to the City of Diamond Bar Planning Department. Should you have any questions regarding the review process, or if we can be of further assistance, please feel free to contact me (909) 476-6006 ext. 102 or Ann Lungu at (909) 839-7032, Monday through Thursday, 7:30 a.m. to 5:30 p.m. and Friday, 7:30 a.m. to 4:30 p.m. cc: Ann Lungu, Associate Planner, City of Diamond Bar Mr. Pete Volbecla, AIA, 615 N. Benson Avenue, Unit C, Upland, CA 91786 10722 Arrow Route - Suite 822 - Rancho Cucamonga a California 91730 (909) 476-6006 - Fax (909) 476-6086 LLDM Associates- Inc, Christopher and Heidi Leu 2354 Arcdale Avenue Rowland Heights, CA 91748 Subject: Notice of Project Review Termination Development Review No. 2006-25 1948 Flint Rock Rd., Diamond Bar, CA 91765 Dear Mr. & Mrs. Leu: February 9, 2007 LDM Associates Inc. has been retained by the City of Diamond Bar to provide plan check consultant services. We have been assigned the responsibility of reviewing and processing your application. As of this date the City of Diamond Bar has not received a response to its Notice of Incomplete Application dated October 18, 2006. Your failure to respond to previous written requests for needed information regarding the proposed project has left the City with no alternative but to terminate its review of this development application. When you are prepared to submit a complete application for review please obtain an application from the City of Diamond Bar Department of Community Development. Should you have any questions regarding the review process, or if we can be of further assistance, please feel free to contact me (909) 476-6006 ext. 102 or Ann Lungu at (909) 839-7032, Monday through Thursday, 7:30 a.m. to 5:30 p.m. and Friday, 7:30 a.m. to 4:30 p.m. Sincer I Ae Da id D. Meyer AICP Planning Consultant cc: Ann Lungu, Associate Planner, City of Diamond Bar Mr. Pete Volbecla, AIA, 615 N. Benson Avenue, Unit C, Upland, CA 91786 10722 Arrow Rpute - Suite 822 - Rancho Cucamonga u California 91730 (909) 476-6006 T Fax (909) 476-6086 Associates |nC. Christopher and Heidi Leu 2354A[Cd8|8Avenue Rowland Heights, CA9174d Subject: Development Review No. 2UO0-25& "Third Submittal" 1S48Flint Rock Road Diamond Bar, CA 91765 Zone: R-1 (40'000) Lot 97OfTract 3UU81 APN 8713-032-025 LOK8 Associates Inc. has been retained by the City services and will becoordinating the review process |this particular project. I have been assigned to assist you throughout the review process. October 18'2O08 Pet8Vo|b8d@ 815N.Benson Avenue, Unit C Upland, CA9178O nce No. 2006-01 [ Diamond Bar to provide planning CUDaUK8Ot \Nehave reviewed the revised plans and we have det4mined that the application is incomplete for 'Attached iS`8list ofitems that need [Obe addressed prior to finding the app """"".. complete. Further processing of your application will b Pgin once the listed items are submitted. We recommend ihat you address the issues on the att I ched list immediately to expedite the process. In addition, please submit five copies (folded to no 12 er than 11" x 17") of the revised plans to the Planning Division. The information and/or plans in�cessary to deem the application complete must be received within 60 -days from the date of this letter. Should you have any questions regarding the review please free tOcontact 0e (90476-6006OS\ 47�OO ext.' 'Diamond Bar ot/9OS\839-7O32'Monday through Fhd I Planning C,nsultant mz Nancy Fong, Director nfCommunity Development Ann J.Lungu.Associate Planner Kimberly Molina, Associate Engineer DennisTanango. Building Official �[Oc8sS.O[if wecan heOffurther assistance, ]2 or /\DO LUngU, /\SGOCat8 Planner, City of 10722 Arrow Route, Suite 822 Rancho Cucamonga, California 01730| (909) 476-6006 Fax (909) 476-6086 FILE NO.: PROJECT LOCATION: Project Description; MOM171=1 Im 1948 Flint Rock Road Diamond Bar, CA 917j65 & Variance No. 2006-01 Proposed Three-stor�rl single-family residence and attached Second Dwelling Unij NOTE: This information is provided to assist in t 11 I ie preparation and submittal of a complete development package. Additional information or ments may be necessary based upon a 0 n more thorough analysis during the development r;viewmprocess. Comments from the Fire Department are to follow. Tips for a Successful Process: A. Address technical and design issues a early as possible. B. Identify one person for overall coordinat on between your professional design team and to serve as the key contact person with city staff. C. The Development Code may be found on the City's web site (www.cityofdiamondbar.com) in the Mu iicipal Code, Title 22. 11. Planninq Division - (909) 839-7032 A. Technical Issues - The following pre iminary technical issues are minimum code requirements which must be satisfied before the project can be recommended for approval to the Planning Commission It is recommended that these issues be addressed in the revised plans. 1. Building Height. The proposed dwelling unit exceeds the maximum building height of 35 feet as measured fr�m the finished grade to the highest ridge beam. The South Building Elevation ex�eeds the allowable building height of 35 feet as measured from the finished gra0e. 2. Second Dwelling Unit The maximum size of the attached second dwelling unit is 1,200 square feet. The proposed SecondDwelling Unit is over 2,000 square feet in size. Please revise your drawings to meet the minimum code requirement. 3. Retaining Walls. We are prep z red to recommend approval of the 7 foot high retaining walls. The wall should be constructed of decorative masonry material and they should be screened fro -n view with landscaping. Please locate all of the retaining walls on the grading plan. 4. Landscape Plan. The Landscape Plan should include the symbol for the trees and shrubs and the quantity of ft e material that you are intending to plant on site. 2 .1 The number, size and speci�s of trees are of interest to the Planning Commission. Please insure thqt your landscape architect has prepared the planting schedule in compliance with the L.A. County Fire Department's Fuel Modification Plan. 5. Easements. The title report iden ified quite a few utility easements on the subject property. The easements should be plotted on the site plan and grading plan. 6. Restricted Use Easement. The rigineering department has requested that you provide the recorded documents that vacated the Restricted Use Easement. 1 7. Homeowners Association HOA . Obtain approval from the County Estates Homeowners Association and s omit a stamped set of HOA approved plans to the Planning Division. The ' Planning Commission WILL NOT REVIEW your plans before the HOA has had an op ortunity to comment on your project. 8. Contact Information. it will HOA portant during the plan check process to have the name and address of the Prroperty Owner. on the plans. You may wish to update your plans with this information. 9. Vicinity Map. it is very helpful t have a vicinity map on the cover sheet. Please revise your plans to include this information. 10. Proiect Legend. The installatioik, of a project legend on the cover page is most helpful. The legend should include the Zone, the APN Number, the Legal Description, the Gross and Net rea of the site, Gross floor area of the subject buildings to include the garage area, and the area of the covered patios and Z verandas. I have enclosed a sa ple for your use. 11. Front Yard Landscaping The I evelopment code stipulates that not more that 50% of the front yard can be cotered with impervious material. Please provide the front yard calculations to bel included in the staff report. FE NOTE: I have attached copies of the comme safety departments. Enaineering Division - (909) 8.39_-7040 A. GENERAL Applicant shall follow special req Engineer for construction in a Re,, habitable structure shall be locate Covenant and Agreement to constr 3 provided by the engineering and building and Jrements as required by the City Acted Use Area. No portion of the I in the Restricted Use Area and a ict in a Restricted Use Area shall be 2 3 51 2. 3. recorded and returned to the City retaining wall permits. An Erosion Control Plan shall be sut plan clearly detailing erosion control implemented during construction bel erosion control plan shall confdn Elimination System (NPDES) stand< Best Management Practices (BMP',,: The applicant shall comply with Sta Plan (SUSMP) requirements to the Grading and construction activities and materials and operation of heav, between the hours of 7:00 a.m. and Dust generated by grading and con watering the soil prior to and during South Coast Air Quality Managem Reclaimed water shall be used 1 construction equipment shall be prc or to the issuance of any grading or nitted concurrently with the grading ieasures. These measures shall be ieen October Vt and April 15th. The i to national- Pollutant 'Discharge -ds and incorporate the appropriate Urban Storm Water Mitigation ction of the City Engineer. ind the transportation of equipment grading equipment shall be limited to :00 p.m., Monday through Saturday. truction activities shall be reduced by he activities and in accordance with nt District Rule 402 and Rule 403. 'henever possible. Additionally, all )erly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS Prior to grading plan submittal, a Geotechnical Engineer, licensed I submitted by the applicant for appri Upon approval of the geotechnic; drainage and grading plans prepar( State of California, prepared in acco the City's review and approval. A check is available from the Public V\ fill) calculations shall be submitted t( plan. Finished slopes shall conform to All easements and flood hazard grading plan. 5. The grading plan shall show the to elevations of the top of wall/footing both sides of the retaining wall. C( shall be shown on the grading plan. geotechnical report prepared by a y the State of California, shall be val by the City. report, the applicant shall submit I by a Civil Engineer, licensed by the lance with the City's requirements for ist of requirements for grading plan )rks Department. All grading (cut and the City concurrently with the grading Code Section 22.22.080 -Grading. shall be clearly identified on the ration of any retaining walls and the �retaining and the finished grade on instruction details for retaining walls 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 area, including material stockpile ai enclosed within a 6 foot -high chain defense shall be locked whenever tf 7. Grading of the subject property shat Building Code, City Grading Ordinai and acceptable grading practices. located on the project site. Staging d equipment storage area, shall be link fence. All access points in the E) construction site is not supervised. be in accordance with the California ce, Hillside Management Ordinance 8. The maximum grade of driveways s rving building pad areas shall be 15 percent. In hillside areas driveway gr des exceeding .1 5 percent shall have parking landings with a minimum 1 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a I slope of 15 percent shall incorpqrate grooves for traction into the construction as required by the City I Engineer. 9. All slopes. shall be seeded per Ian( plan with native grasses or planted for erosion control upon completion method of erosion control shall be c( Engineer. Insert as required (and 2 installed.) 10. Prior to the issuance of building perr be held at the project site with the g grading inspector at least 48 he operations. 11. Rough grade certifications by proj prior to issuance of building permi structure. Retaining wall permits i certificate. 12. Final grade certifications by proje submitted to the Public Works Del project final inspections/certificate 1 C. DRAINAGE 1. Detailed drainage system informa any flood hazard area shall be su development shall be conveyed - scape plan and/or fuel modification pith ground cover,.shrubs, and trees of grading or some other alternative mpleted to the satisfaction of the City permanent irrigation system shall be its, a pre -construction meeting shall ading contractor, applicant, and city irs; prior to commencing grading ,t soils engineer shall be submitted for the foundation of the residential iy be issued without a rough grade soils and civil engineers shall be rtment prior to the issuance of any occupancy respectively. )n of the lot with careful attention to mitted. All drainage/runoff from the )m the site to the natural drainage course. No on-site drainage shall be onveyed to adjacent parcels, unless that is the natural drainage cot 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 I the City Engineer and Los Angeles Public Works Department. a result of future review additional conditions may be 3A IV. Buil - (909) 830 1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordin 3nces and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all I Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind ir this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commissiln. Kitchen and bathroom lights shall be fluorescent. r 5. 6. 7. 8. 9. Submit Public Works Department approved grading plans showing clearly I all finish elevations, drainage, and retaining walls locations. Separate permits are required for shall be noted on plans. A height survey may be required at Number of plumbing fixtures shall 29. , spa, pond and tennis court" and mpletion of framing. in compliance with CBC Appendix Verify adequate exit requirements for the third floor. The distance between required exits shall be Y2 of the building diagonal. I I V 15 Building setback from any slope (to i or top) shall meet Chapter 18 of the 2001 California Building Code. All balconies shall be designed for Guardrails shall be designed for 20 rail. Indicate all easements on the site Fire Department approval shall be rE to check the fire zone for the locati( located in High Hazard Fire Zone it zone. a. All unenclosed under -floor areas b. All openings into the attic, floor r. covered with corrosion -resistant more than 1/2 inch in any dimew equipped with sash or door. live load. applied laterally at the top of the uired. Contact the Fire Department i of your property. If this project is iall meet of requirements of the fire call be constructed as exterior wall. d/or other enclosed areas shall be ,ire mesh not less than 1/4 inch or )n except where such openings are All retaining walls shall be submitted to the Building & Safety and Public I Work Departments for review and approval. 16. Submit grading plans showing clea retaining wall locations. No buildi submitting a pad certification. M The project shall be protected by a with the NPDES & BMP requiremet Check drainage patterns with Engi shall drain away from building at a: Specify location of tempered glass Specify 1/4"M slope for all flat ! proofing material. Also, provide spacing, etc.). Private property sewer/septic sysi Angeles County Health Departmet Board. Fire Department M all finish elevations, drainage, and permits shall be issued prior to nstruction fence and shall comply (sand bags, etc.). :ring Department. Surface water minimum slope. required by code. faces/ decks with approved water uardrail connection detail (height, 9 shall be approved by the Los and the California Water Control 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. 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 pendidg completion of the required fire protection system. 1 3. All required fire hydrants shall be installed and tested and accepted prior to I construction. Vehicular access must be provided and maintained serviceable throughout construction. I Associates Inc. July 19, 2006 Christopher and Heidi Leu Pete Volbeda 2354 Arcclale Avenue 615 N. Benson Avenue, Unit C Rowland Heights, CA 91748 Upland, CA 91786 Subject: Development Review No. 2006-25 & Variance No. 2006-01 1948 Flint Rock Road Diamond Bar, CA 91765 Zone: R-1 (40,000) Lot 97 of Tract 30091 APN 8713-032-025 Dear Applicant and Property Owner: LDM Associates Inc. has been retained by the City of Diamond Bar to provide planning consultant services and will be coordinating the review process for this particular project. I have been assigned to assist you throughout the review process. We have reviewed the application and determined it to be incomplete for processing. Attached is a list of items needed prior to finding the - application complete, e.g., non - conformities with development standards., design issues, etc. Further processing of your application will begin once the listed items are submitted. We recommend that you address the issues on the attached list immediately to expedite the process. In addition, please submit five copies (folded to no larger than 11" x 17") of the revised plans to the Planning Division. At a later date additional copies of the plans will be needed prior to the Planning Commission public hearing. The information and/or plans necessary to deem the application complete must be received within 60 -days from the date of this letter. Should you have any questions regarding the review process, or if we can be of further 10722 Arrow Route, Suite 822 Rancho Cucamonga, California 91730 (909) 476-6006 Fax (909) 476-6086 assistance, please feel free to contact me (909) 476-6006 ext. 102 or Ann Lungu, Associate Planner, City of Diamond Bar at (909) 839-7032, Monday through Friday 8:00 a.m. to 4:30 p.m. We look forward to working with you. Sinc I ICP Dpi id y Planning on..s'ultant Enclosure Cc: Nancy Fong, Director of Community Development Ann J. Lungu, Associate Planner Kimberly Molina, Associate Engineer Dennis Tarango, Building Official PA FILE NO.: Development Review No. 2006-25 & Variance No. 2006-01 PROJECT LOCATION: 1948 Flint Rock Road Diamond Bar, CA 91765 Project Description; Proposed Three-story, single-family residence NOTE: This information is provided to assist in the preparation and submittal of a complete development package. Additional information or comments may be necessary based upon a more thorough analysis during the development review process. Comments from the Fire Department are to follow. Tips for a Successful Process: A. Address technical and design issues as early as possible. B. Identify one person for overall coordination between your professional design team and to serve as the key contact person with city staff. C. The Development Code may be found on the City's web site (www.citvofdiamondbar.com) in the Municipal Code, Title 22. 11. Planning Division - (909) 839-7032 A. Technical Issues - The following preliminary technical issues are minimum code requirements which must be satisfied before the project can be recommended for approval to the Planning Commission. It is recommended that these issues be addressed in the revised plans. Side Yard Setback. The side yard setback requirements for the R-1 40,000 (RR - -Rural Residential) zoning district are 10 feet on one side and 15 feet on the other side with a minimum separation of 25 feet between structures on adjoining parcels. The submitted plans indicate side yard setbacks of only 10 feet. As a result of moving the building forward and reducing the required front setback, the side yard setbacks have also been affected. The distance between the proposed building and the existing adjoining buildings appear to be substandard. 2. Neighboring Structures. Identify all structures on adjoining parcels that are within 25 feet of the subject site's property lines and indicate their distance from the property lines. 3. Cross -Section Plans. The submitted Cross -Section Plans are representative of the originally approved project (DR 2004-29) and they are inconsistent with the revised Site Plan and Grading Plan. The plans incorrectly show the property lines in relation to the newly proposed location of the structure. 4. Street Improvements. —Revise the site plan to reflect the existing street conditions to include right-of-way, edge of pavement, curbs and gutters, etc. 5. Building Height. Section C -C, Sheet SS indicates a building height of 42 . feet. The maximum building height is 35 feet. Please revise your plans. 6. Driveway. Provide the dimensions for that portion of the driveway within the front setback area (width not to exceed 14 feet) and indicate the grade of the driveway at both entrances (not to exceed 15%). 7. Retaining Walls. If retaining walls are to be installed as part of this project, . the maximum exposed height of retaining walls is six (6) feet although a retaining wall may be approved with a maximum height of seven (7) feet in consideration of varying topographical features if approved by the Director of Community Development. 8. Tree Permit. A tree removal permit may be required. Please provide a complete Tree Preservation Statement and submit. to the Planning Division. 9. Title Report. Please submit a recent title report. 10. Renderings. Please provide a color rendering to illustrate the proposed project. 11. Homeowners Association (HOA). Obtain approval from the County Estates Homeowners Association and submit a stamped set of HOA approved plans to the Planning Division. 12. Landscaping. Revise the landscape plan to provide for 24 inch box trees in the front yard landscaping. In addition, provide screening of the proposed retaining walls. Please note that the landscape plan complies with the L.A. County Fire Department's Fuel Modification Plan. 13. Lot Coverage. The maximum amount of the site that can be covered with impervious material is 30%. Please provide the lot coverage calculation on the cover sheet. 0 14. Contact Information. Please provide the contact information for the property owner on the plans. As a result of future review of the building plans additional conditions may be imposed. Enqineering Division - (9Q9) -912:Z94-0 A. GENERAL Applicant shall follow special requirements as required by the City Engineer for construction in a Restricted Use Area. No portion of the habitable structure shall be located in the Restricted Use Area and a Covenant and Agreement to construct in a Restricted Use Area shall be recorded and returned to the City prior to the issuance of any grading or retaining wall permits. 2. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October Vt and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMPs). 3. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 4. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS Prior to grading plan submittal, a geotechnical 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 5 check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 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. Insert as required (and a permanent irrigation system shall be installed.) 10. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 11. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 12. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE 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. As a result of future review additional conditions may be imposed. IV. Building and Safety iivision.- (909) 839-7020 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy commission. Kitchen and bathroom lights shall be fluorescent. 5. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Separate permits are required for pool, spa, pond and tennis court" and shall be noted on plans. 7. A height survey may be required at completion of framing. 8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 9. Verify adequate exit requirements for the third floor. The distance between required exits shall be'/2 of the building diagonal. 10. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 11. All balconies shall be designed for 601b. live load. 12. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 13. Indicate all easements on the site plan. 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 15. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 16. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 17. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 18. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 19. Specify location of tempered glass as required by code. 20. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 21. Private property sewer/se ptic system shall be approved by the Los Angeles County Health Department and . the California Water Control Board. As a result of future review additional conditions, may be imposed. V. Fire Department 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. 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. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. MIRM I § 22.52.040 DIAMOND BAR CODE b. 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; C. Granting the minor variance is consistent with the general plan and any applicable specific plan; d. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city; and e. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). (2) Findings for off-street parking reductions. A minor variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made: a. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and b. A parking permit is approved in compliance with section 22.30.050 (Reduction of off-street parking requirements for shared uses). (Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05) Sec. 22.52.050. Conditions of approval. In approving a minor variance, the director may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.52.040 (Findings and decision), above. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.52.060. Post approval procedures. Procedures relating to appeals, issuance of a building permit, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a minor variance application. (Ord. No. 02(1998), § 2, 11-3-98) CHAPTER 22.54. VARIANCES Sec. 22.54.010. Purpose. The purpose of this chapter is to allow for adjustment from the development standards of this Development Code. The adjustment may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this development code denies the Supp. No. 14 CD22:242 DEVELOPMENT CODE § 22.54.030 property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. Approved variances shall be subject to conditions that will ensure that the variances do not constitute a granting of special privilege(s) inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.54.020. Applicability. An application for a variance may be filed with the department in compliance with chapter 22.44 (Applications, Processing, and Fees). A public hearing is required for all variances, which shall be considered by the commission. The commission may grant a variance from the requirements of this development code governing only the following development standards, unless otherwise specified in this development code: (1) Dimensional standards. Dimensional standards including distance -separation require- ments, parcel area, building site area/coverage, fence and wall requirements, land- scape and paving requirements, lighting, parcel dimensions, off-street parking areas, loading spaces, open space, setbacks, structure heights, etc. (2) Off-street parking and loading. Number of off-street parking spaces, loading spaces, landscaping, etc. (3) Signs. Sign regulations (other than prohibited signs); (4) Exceeds limits for minor variance. Any development standard specified in section 22.54.020 (applicability), where the requested adjustment exceeds the maximum limits for a minor variance; and (5) Other standards. Other standards including dust, glare, hours of operation, landscap- ing, light, noise, number of employees, parking, etc. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.54.030. Application filing, processing, and review. (a) Filing. An application for a variance shall be completed, filed, and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.54.040 (Findings and decision), below. (b) Project review procedures. Each application shall be an by the department to ensure that the application is consistent with the purpose and intent of this chapter. Supp. No. 14 CD22:243 § 22.54.030 DIAMOND BAR CODE (c) Notice and hearings. An application for a variance will be scheduled for a public hearing once the department has determined the application complete. Noticing of the public hearing will be given in compliance with chapter 22.72 (Public Hearings). (Ord. No. 02(1998), § 2, 11-3-98) See. 22.54.040. Findings and decision. Following a public hearing, the commission shall record the decision in writing with findings on which the decision is based, in compliance with state law. The commission shall not approve a variance application with or without conditions unless all of the following findings can be made: (1) General findings. a. 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 districts or creates an unnecessary, and non -self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; b. Granting the 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 variance is sought; C. Granting the variance is consistent with the general plan and any applicable specific plan; d. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and e. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). (2) Findings for off-street -parking reductions. A variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made: a. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and b. A parking permit is approved in compliance with section 22.30-050 (Reduction of off-street parking requirements for shared uses). (Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05) Supp. No. 14 CD22:244 A 1N(1-0 3Hi 'GVOb )DON iNFU 2t761. 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N U U� N • �------ _—._ ------- -------- Customer Copy Label 11-F, April 2004 (IIII I I IIS I I III I III IIII III EXPRESS / VI/�1,� EV 876469904 US Pos•tOfficeTOAddressee LINITEDSTQTESPOSMSERVICE ® " U 9 PO ZIP Code- a _ •O Delivery Attempt a Time ": `❑ AM " �n Employee Signature 0 • Day of Delivery Postage ❑ Noxt ❑ 2nd ❑ 2nd D& Day `P Mo. Da Scheduled Date of Delivery Return Receipt Fee Delivery Attempt Time ❑ AM .Employee Stgnature ". Date Accepted ". $ Da ❑ PM :Month Day Scheduled Time of Delivery COD Fee insurance Fee- Mo. - Del)very Date Time ❑ AM Employee Signature Mo. Day-, Year . Time Accepted ❑ AM ❑Noon ❑ a PM Military Total Postage Fees •{vlcp Day - . ❑ PM t• r I k1T4 i of r� i a3 9 n e f u tub t8k r yri)§ trf S't •. W%tlVEtR OFSIONANRgiOl esrfe Mali Only Additions morc andiso insurance lanIIC a+ ) ❑PM El 3rd Day d W vold.lf waivor of slgnaturets roquosted lwlsh deltver}ltobe'madewithotVt obtalnlrjg sign3�ure {_ Si of eddresseeof addressee segentQfdehvery employee jodg�that arNc4e can belo(t In securer t wL. recons{Itutes valid proafofdaltUery'r+7 tD ,l,�J - " Flat Rate ❑ or Weight. - 2nd Day Int'l Alpha Country Code Acceptance Em Initials p p� location)andiauthadze that delivery empioye�-s�IVn� " r ho 'DE a ?,i" q.:,Custgptd(Sfgnatum.,,;{jt)'I[t-,t 31];!J.„rill lbs. Oza. METHOD OF ENT: ( r.y I f a? { �j b - Federal Agency Acct. No. or Express MaT Corporate MCL No. Postal Sarvke Accl. No. FROM: (PLEASE PRINT) ) - 70: (PLEASE PRINT) "PHONE/( rr,• PHONE( -1; 7 rf,/'tJ .. I f Sir {' i' +, Jr II + t r ' t i t.i �r _ , r rl • p r (j / / fm ^ / / �� ,r fJ f I Customer Cop Label 11-F, April 20 Illi VIIi VIII iII VIIi Ili I I IIIIIIIAIIIiIIllllllllllll � EXPRESS . � ...111111111111111 _ MIL '. EV US .826469833 UNITED STATES POSTAL SERVICE® wostGiffICeTbAddresse 0..• :.0 , l� O � � ,• '1 s� " z��t � tinks." U. � I O O r�i`a'S .. y "�. ._ 9��Yr' ' PO ZIP Code Day of Delivery Postage Delivery Attempt Time AM Employee. Signature' 2nd Next OScheduleOd Da ❑ PM i Date of Return Receipt Fee Delivery ry Attempt Time E AM Employee Signature Date Accepted Month Day $ Mo. Day E PM Mo. Day Year Scheduled Time of Delivery COD Fee Insurance Fee - DeliveyDate Time ❑ AM Employee Signature _ Time Accepted AM -� - $ ❑Noon 3 PM $ title r Day E PM Military - - Total Postage & Fees I' ^ � AIVER OF SIGNATURE - t t � t t t r•^ t it a 7r P. <;1 12 �Iri4 (Oomesf7c all Only) Additional m rcfiapolso is j go tbf OPM ❑2nd Day $ v'id ii i rot ig ire is ii d.I vrish delry addressee oTresses agent (d delivery emploFlat Rate❑or Weight DayE3rd Alpha CountryCOde Acceptance Emp. InitialsERY eint'1 Weokond Holllbs. ozs.atuMETHOD OF PAYMENT:,t :S- t _ �� L3 Fedem(Agency Acct. No.'Express Mat Comorate A=L No. Postal Service Acc.No. FROM: (PLEASE PRINT) TO:(PLEASE PRINT) PHONE (r� PHONE(- i 1-14 r J , 14 i 0111M 011 Customer CorLabel 11-F, April 2( Illlllllll 1111111111111111111111111Illlllllllll Illlllllllll ������ EV,876469855' USUNITED Post OfflCeTOAc9c0reSSe STATES POSTAL SERVICE® PO ZIP Code Day of Delivery. Postage Delivery Attempt Time AM Employee5lgnature ❑ Next O 2nd O 2nd Dei. Dy $ Mo. . Day PScheduled Date of Delivery Return Receipt Fee Delivery Attempt Time ❑ ANI _Employee Signature Date Accepted Mo. Da❑PM ..y$ Month Da (very COD Time of Del Fee Insurance Fee InTime Delivery Date Time EScheduled Mo. .Day Year Accepted ❑Noon ❑ a PM $ . $Total O AM Military Posta a 8& Fees g rWWEFV9 FSIGNATanQPM.d.v.r"r..I_rofa . is ro estedilyish dekvaryto ba madeviifho$ E'2nd Day: ❑ani Day'.. oare ordessFiat location) end (adthodzthat deliveemployee s;ignatyre comitIntli Rate ❑ or Weight Alpha Country Code AcceptanceEmp. Initialslbs. Ozs.METHOD OF PAYMENT: :j '� �l•f•, .: Federdtcor EpressMat Corporaate Acct. No.Postact.TO: FROM:(PLEASE Pam (PLEASE PRINT) PHONE PHONEjr..'t:: �. s • r r '"r.; ._ .Pn..�fr' F.:.ON— J L r Customer Copy -Label 11-F, April 2004 i I III II I I III I III I I VIII I I I II I II (II III I I II I (_ -� EXPRESS nPOSTAL EV 876469816 US PosiOfficeToAddressee UNITED STATES SERVICEo Ing . PO ZIP Code . , Day of Delivery, Postage... Delivery Attempt Time EI:AM Employee Signature ❑ Next 0 2n ❑ 2nd Del. Day `p Mo. Day PM .. " Scheduled Date of Delivery Return Receipt Fee Delivery Attempt. Time El AM Employee Signature Date Accepted -d� Month Day $ `. Mo. Day ❑ PM Mo. Day Year Scheduled Time of Delivery COD Fee Insurance Fee Delivery Date Time El AM Employee Signature ... i Time Accepted ❑ AM ❑ Noan ' ❑ 3PM $ $ Mp Day ❑ PM Military ..Total Postage &.FeesT- , .ti r• r.:.; n 11 t I 1 n `t i 1� `i. -r r i ff J r --r mJ� r Ost i �t trL lfrtt{' i n. WAIVER OF SIGNATURi:,(Domestfc,lAa/(OnfyJ Additnal m6Tphandis, InsuCano Is it I ❑PM 0 ❑ g i void llvrulvor otetgnatum(s reguo••ted,1vilshdelivery td:'be made aiittipGtabtaiRingrsighature TT till, I„I i. of addressee oT edtlressee s'egenk td611very employeefudges thatedlclocan 66,1,01 in secure br �� Flat Rate ❑ or Wel ht. 9 ❑ 2nd OaY 3rd O6Y. Int'I Alpha Country Code Acceptance Emp. Initials I t -I� I .--atlon)and l 6utho ize that deli ery empipyepssi nmNvc nstitute v Iidproel (d: 11 ery aJS lF k 1 ' ' I��S+ i i ,p•��� j !r •{• r �,r-�+ JQIO DEUVERYuWe6kend ,i uHotida�r5i/-� . - I lbs. ozs. .. . {i..: ° ,. Custom4'r,Signature {ttfgaii: iw'i..il1t+ SJ��ilf,fli METHODOFPAYMENT: tiff ppeep Federel Agency AceL No. w . i Express Mall Corporate A=L N¢ ' - - . . Postal SerWce Acct. No. a•'1 5 1i' •) . FROM: , (PLEASE PRIER) .. •� PHONE ( . TO: (PLEASE PRIM) PHONE ( ) (r -i r l f 7. i o• .• o s :ee _._.__ ---'------- Customer Copy Label 11•F, Apri1200' I II I I III IIII VIII I I III I III I I ILII III II I II III I EXPRESS. -� 876469820: -SUS ” PostotficeToAddresseE EV UNITEDSTQTESPOSTQLSERVICE® ', PO 'ZIP Code' '. • Day oflDelivery ., P@@ostage Delivery Attempt Tme , 'Q AM Employee Signature . ❑ Next ❑ 2nd ❑ 2nd Del. Day `p Mo. Da ❑ PM Scheduled Date of,Dellvery Return Receipt Fee Delivery Attempt Tme � AM Employee Signature I Date Accepted - $ -' Mo. Da ❑ PM I ... - Month Day Scheduled Tme pf DelWery COD Fee Insurance Fee Debvery Date Em io ee Signature . Tme El AM P y . 1 Mo. Day Year Tme Accepted ❑ AM Noon ❑ 3 PM $ Mllltary. Total Postage &Fees Mo DaY ❑ PM Sr—FIrr i T fy, i Is,. tra i t ALJ WgIVER OF SIGNATURE prr{ast7c Mal01)Addfg6nal morc�xandisolnsura{{r+ca (•Jai . ❑PM $. y'ntd ifwalvar pf signature Ldr ested AVrish(de7�etyfdb, ma to yilttjoufnblaiNngclghatur6 ,�^ -s of adtlresseepr addressee sego 1t deltyorX,mpleyeejudges th,t ahic�e can be lett in secure rtr � _ d,l(yer)a Flatflate ❑ or Weight ❑2hd Day ❑Brd Day -.16callon)andleuthodze ihatdelive emptoyeo dsignattfTd �sgtutes valid prootnT '•r r '+y p s' Ix + tE ,r '.NO Holiday �-,., I �`�} +1) t,4'kr<�t dn�7 � t ' Country Code Acceptance Emp. Initials Int'I Alpha (r ,�A•�-r.:�,__,y t g; �, DELNF�i� Weeko�n4tl i < C stomal Sig �. Zati"V.II{�.i � ..I r METHOD OF PAYMENT:. W "� j; ,� y-;,: ,'.1 Federal Agency Acct. No. or Postal Service Atcl. Na. .Express Mail Corporate Aad. No. FROM: (PLEASE PRINT) PHONE (. 1 TO: (PLEAsEPRiNT)" PHONE ( 1 ro t:I t � 1 L s e :1Bill -- ---- Customer Cop Label 11-F, April 20 EXPRESS `s�r�cseav(ce® EV 876469881: US PostOfficeToAddresse UNITED srArE . PO ZIP Code Day of Delivery Postage Delivery Attempt Time � AM Employee Signature ❑ Next [j2nd E) 2nd Det. Day .. D. Scheduled Date of Delivery Return Receipt Fee Delivery Attempt Time ❑.AM Employee Signature Date Accepted Month: .. Day •p - Mo. Day ❑ PM Scheduled Time of Delivery COD Fee Insurence Fee Delivery Date Time ❑ AM Employee Signature _ Mo. Day Year ❑ Na-n ❑ a PM . 4r W El Pr" .ivld Day . Time Accepted ❑ AM - �'. Military � Total Postage &Fees rr,�y r r� ly i FaT -t 1 a, 3i ANER OF SIGNATURE (Ogmosrlc.Mall Only) Atltlltonal m rcFiand(se Insuranco is l,' ", wlthoul )t t (i`r ❑ PM F1 2nd Day El3rd Day dd.. W .'void Ir iv r of ton w is r q st d l h deliveryy 01 meds ohtatning'sig0a(ure t b(eddressee or•eddresseesagegt Cf delivery§mploy�gju gasihat arllcie can be lett In secure (� t r , ssiAte c nstitutes,Qalid proof~of ilellvery d y Flat Rate ❑. or Weight Acceptance Emp. initials location) end I authorize that delivery employee " 7 i1. n �✓�, ✓ t ;'' f��5 ' . 3 NO DELIVERYaWeekand �Hoilday it rt xS [ .t�.tl.irr; 1�i `+• 1•�,.•Y t � 1 i Int'I ACountry Alpha Ctry Code II lbs. ozs: ei I • . METHOD OF PAYMENT: '; 1_ tt iy^,. Federal Agency A.cl, No. or � .. - .. Fx(xess Ma�7 Corporate Acct No. .. _ Postal...Acct No.: .. .. FROM: (PLEASE PRINT) PHONE i ) TO: (PLEASE PRINT) - PHOt1E I) ' r r _ r, ` l J 2 ' ; r`1C �i= l,r:r�i7 j J` L i e• �. o e :oa I IIIIIII Customer - on, III ILII A IIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIII IIIIIIIII --, EXPRESS Label „-F, April EV ; 876469895 I US. ®� e D • • a UNITEDSTATESPOSTALSERilli ' Post OfficeToAddreSsee D I' PO ZIP Code. Day of Delivery-. Posta.. - :e IFIR t k 1 "' `'' ,✓ 1 Customer Cop• Lebec 11-F, April 201 EXPRESS EV 876469864 " US ll/I/.11L - UNITED STATES POSTAL SERVICE® Post OfficeTo Addressei �'©• 1 I � i . �.. ' •a o hd• "•u PO ZIP Cdde Day of Delivery ' ❑Nazi ❑ 2nd 0 2n Del. Day Postage - W Date Accepted Mo. Day Year Scheduled Date of Delivery Month Day Return Receipt Fee Scheduled Time of Delivery E]N­❑ 3 PM COD Fee dd�� W Insurance Fee dd.. $ Time Accepted ❑ AM -- ❑PM. Military ❑ 2nd Day ❑ 3rd Day Total Postage & Fees Flat Rate ❑ or Weight lbs. ozs. • Ipt'I Alpha Country Code Acceptance Emp. Initials NOR NEEMO I METHOD OF PAYMENT:. ,h. rY L -J. sr hl .•�y. r, ...r.. .. '..` FederalAgency Aat No. Delivery Attempt : - TimeAM Employee Signature Mo. Da 1-1 PM F DeliveryAttempt Time ❑ AM Employee Signature •t,:.. Mo. Day El Pm -i r Delivery Date Time AM Employee Signature - - -Mo... Day . ❑ PMio .. �tl� 7 •r r r, r:- 11717 t_ WAIVEFibFSIONQIURE(DomesticMaliOniyj�dditionnlmerchandlaeinstirencels 'gold -waiver btslgnaturolsrequested.I wish delWe lobo i7 madq wlthdut obfNning slgnature�f faddressee raddre.dowd gent(Ifd.1'X raps yes Judg that adide caP beleff��..Insecure t tl�+ tiocaflon) and lauthodze {hat delivery employee s slgnatu onslitutesvaiidPyodt'of tlellvey i t , r ' NO DELIVEitY Weekond. Hogdny - r,i•. , 73j +' . r f, T tnl; �� r�l''rrt �,t ;:;. :<(.� ..;r,a,. ..,.:.r ,,,. .;. Custo'er Sign�tu{e .yl❑t;l"(.. nitr:fo{,?S:a:: ... I METHOD OF PAYMENT:. ,h. rY L -J. sr hl .•�y. r, ...r.. .. '..` FederalAgency Aat No. F;press Mail Corporate Acct. No. Postal Service P.ce No. F FROM: (PLEASE PRINT) PHONE( ) TO: (PLEASE PRINT) PHONE ( ) r -i r i.: 'ly 7C.. � / t /�_• 1/} �"_ rl Ls� i ,.�3ri irn' L .±G�1 �.. ( Customer Copy J Label 11-F, April 2004 illlll IIS I I III I Ili VIII I I III I I I I III I I I I VI I I V II IEXPRESS S/L EV 876469878 .US'a UNITED STATES POSTAL SERVICE ® Post OfficeTo Addressee e• •o D 's- d D •0 PO ZIP Code Day of Delivery~Postege. Delivery Attempt Time ❑ AM Employee Signature ❑ Next ❑ 2nd ❑ 2nd DeL Day $ Mo. Da ❑ PM Scheduled Date of Delivery Return Receipt Fee Delivery Attempt Time ❑ AM Employee Signature Date Accepted. . ,. .,..: '. .. I Month Day $ Mo. Day PM Mo. Day Year Scheduled Time of Delivery COD Fee Insurance Fee Delivery Date Time AM Employee Signature' Time Accepted ❑ AM ❑. Noon ❑ 3 PM $ I Da y ❑ PM J Military Total Postabe & Fees ❑ WAIVER OFSIGNATURE.(Domestic ed On y) _ AddWarial mere andise ineuranco is g I '0 PM $. void lLwaivorotsignatuPe is ro:gii'.asted swish daiNeryto bemadewllha(It obtain ng slgnaiure ' j ; can be left in (Flat Rate ❑or We(ht'.. 9 ❑2nd Day ❑3b [lay. Inti Alpha Country Code Acceptance Emp. Initials of add(esaeeor addresseesagent.(ifdellveyempioyeoJutlges:that article secure t+{ localIon)and Yeutboriza that delivery empi aig UIN nstitutesrialid pfootat dellvaM} r,Y), J �� I ✓ I .• t -. 4 t '_� :w,NO DELIVERY WaakPnd IV Hoildayl� Ott �L {, '1.tP '' f ? "...+ k t kt {ik-�'n .. ' S. ozs: METHOD OF PAYMENT: ]. f c? ,.r... _ Fede,at Agency AaLNo. or. Express Matt Corporate AccL No, Postai Service AccL No. ii FROM: (PLEASE PRINT] .PHONE( j TO: (PLEASE PRINT) PHONE ( )• r -•I r / -I c � 7 �.� ✓ 'i:--tS/'� .a: t. t, 1L (''t . .1 ... n; 3rj ., ,li.a��.j G_.C..{� �2' I f WIT Customer Copy Label 11-F, ApH1200, II�IIIIIII�IIIIIII IIIIIIIIIIII l I I I ILMI EXPRESS _ EV. 87.64698:47 U S Post OfficeTO AddreSSeE UNITED STATES Posw SERVICE® o. .g PO ZIP Code Day of Delivery Postage Delivery Attempt Time ❑ AM" Employee Signature ❑ Next ❑ 2nd ❑ 2nd Del. Day $ Mo. Da ❑ PM i- Scheduled Date of Delivery Return Receipt Fee Delivery Attempt Time ❑ AM Employee Signature. .z;� Date Accepted _ $ Day ❑ PM Month Day Mo. Delivery Date Time ❑ AM Employee Signature Scheduled Time of Delivery COD Fee Insurance Fee Mo. Day Year f - 1 Time Accepted ❑Noon 3PM $ $ 6 Day, - ❑PM .. I DAM ❑ AM Military" Total Postage &Fees 9 +1 v 7 tH�1-{tart 7 1 `WAIVER OF SIGNATURE (Oorpest�c.MallOnly)Add(ti nalmerbtiandi elnsuranca'Is QPM ,. vojd if watvor of signaturq (s requested I�wlshideliverytgbomada �iltiout obtaining signafGre ba left In Flat Rate O or Weight ❑ 2nd•Day ❑ 3rd Day 1 �j - Emp. Initials o(¢ddressee of tiddressoa s ogent (If delivery employee judges that articio can secure i Vocalton) andel oulholizo that delivery employee s.}I�qa uits.cone�ittriea 4ailtl pmol of tlelivery ' - Irit�YAlpha Country Code Acce tancc p itJO DELIVERY t . I ` lbs, ozSr .. S':� ! Custbajer.¢79nalure, i .mliStrirl . :t..}sir.t�t METHOD OF PAYMENT: Federal Agency AceL No. or " Express Malt Corporate Acca. No, Postal Sernce Acct. No. FROM: (PLEASE PRINT) PHONE TO: (PLEASE PRINT) PHONE - I ) -. rr i T it r J 1 ' ' ' L '.�' f . ti..J 8 +• • • :or AIWARIAWWW"I 1,71-1 NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On July 24,2007, 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. 1, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On July 20, 2007, 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 July 20, 2007, at Diamond Bar, California. Stella Marquez Community Del gA\affidavitposflng.doc ment Department ;a G a hi * M rD En W (D , (D (D CU rD rD tn M > > E , z M —Ln . CL Lo zz rD 0 IV '-4 (D rD U) 0 r) rD U) (D rD m (D $o- 0. 0 (D M ::3 0 h m X 0 \ U DM U) ( o r) ■S. 'a m :j z f3 0 m C: 0 tj z o 0 0 =r =3 hi 0 0 (D M CD < 0 M :E (D z o m M --1 .4 0 C z M— P -4 ni m to = 3 0 CL 6 LM m M W fD 0 a) w Z r) to 0 /0 6 m z Ul ,mow ki TO: Property Owners within a _700400tot radius of subject site FROM: Diamond Bar Planning Commission NOTICE IS HEREBY GIVEN, pursuant to State law and Diamond Bar's Municipal Code, -(DBMC),, a public hearing will beheld by the Diamond Bar Planning Commission to determine whether or not the subject r6quest-shall be approved, DATE AND TIME OF HEARING: Tuesday, July 24, 2007 7:00 P -M, (MAS SOON THEWFTERTMrTHE VArrER CAN BE HEARD) PLACE OF HEARING: South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765 Conditional Use Perm . it No. 2007_6010eve lopftibn, Revid 'N—o. SUBJECT: 2007-22/Variance No. 2007-05 PROPERTY ADDRESS: 2201 Peace . ful Hills Road (Ronald Reagan Park), Diamond Bar, CA 91765 ASSESSOR PARCEL NO.: APN: 8765-015-900 PROPERTY OWNER, City of Diamond Bar 31 o Commerce, Irvine, CA 92602 APPLICANT: Sprint Nextel, REQUEST: Conditional Use Permit No, 2007-0911DOV910loment Review No. 2007-22[Variance No. z ul-uo nifacility, (pursuant to Code Sections 22.58, 22.48, 22.54 and 22.42 –these applications request a telecOMMU icatiQhs #LA73XC01 7, installation consisting of antenna attacheto a faux elm tree commonly referred to asa �'mono elm" and h existing park structures,d A Conditional Use Permit approval is tequl�edtd'bperate a an equipment building to match approval is required for the design/architectural review; and the 'Vari6nce approval is cell site; Development Review a oelm" which exceeds the 35 feet maximum height allowed for & structure. required for the 45 feet tell "mon s of the California Environmental Quality Act.-,(CEQA), ENVIRONMENTAL DETERMINATION* Pursuant to the provision Section 15301(d), the City has determined that this project is categorically exempt. if you'.are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar Community Development Department at the address given below. To preview case materials or for further information on this subject please contact the city of Diamond Bar Community Development Department at (909) 839-7030, if you challenge this application and project in court, you may be limited to raising only those issues You or someone else raised at the public hearing described in this notice, or In written I correspondence diNivered to the Planning commission at, or prior to, the public hearing, CASE MATERIALS are available for review between 7:30 a.m. and 5:30 p,m., Monday -Thursday, and 7:30 a.m. to 4:30 p.m., Friday, at the city of Diamond Bar Community Development Department, 21825 Copley Drive, Diamond Bar, CA 91765 (inside the SCAQMD building), AREA MAR (nOttOsO8)6)!UiJ1: T Wt North 30 c S' 641 ct Site 4--4 7U jf m * C (D rD th rD * m rt M =- (D CSD rD > CL > rD z M Zz SZ Ln to (D mi rD (D •fir) Ln rD (D CLO C:L 0 Z P (D NO Ln O_ (D 0 <. FD (D MD 0 m Dq z , -1 f< 3 (D co En '-4 0 rt c C: C LE M (D C (D M :1. D 21 (D ID z < RD ZZ =r M 0 — 0P 0 0 4 l Fw' 0 "a fD 0 Ln < 0 m r) to C z 0 Ih co 0 m M. z ct ul 0 CD mo� i NOTICE OF PUBLIC HEARING ---------- City of Diamond Bar, 21825 Copley Ori ve, Diamond Bar,.CA 91765. o -foot TO: Property Owners within a _70 radius of subject site FROM: Diamond Bar Planning commission NOTICE IS HEREBY GIVEN, pursuant to State law and Diamond Bar's Municipal Code (DBMC), a public l b hearing will be held by the Diamond Bar Planning Commission to determine whether or not the subject request shat e approved. DATE AND TIME OF HEARING: Tuesday, July 24-. 2007 7:00 P.M. (mA6sooNwmamRTmTTKmAmRcANBEHEw) South Coast Air Quality Management District/Government Center PLACE OF HEARING: South 21.865 Copley Drive, Diamond Bar, CA 91765 Conditional Use Permit No. 2007-0910eVelopftibrit Revid W6. SUBJECT: 2007-22/Variance No. 2007-05 PROPERTY ADDRESS: 2201 Peaceful Hills Road (Ronald Reagan Park), Diamond Bar, CA 91765 ASSESSOR PARCEL NO.: APN: 8765-015-900 PROPERTY OWNER: city of Diamond Bar APPLICANT: Sprint Nextel, 310 Commerce, Irvine, CA 92602 REQUEST: Conditional Use Permit No. 2007-091DOMplo j2ment Review No. 2007-221vtarinng-A He (pursuant to Code Sections 22.58, 22.48, 22.54 and 22.42 — these applications request a telecommunications facility, consisting of antenna attached to a faux elm tree commonly referred to as a "monoelm" a-hd #LA73XC017, installation cons required to operate a an equipment building to match existing park structures, A Conditional Use Permit approval is approval is required for the design/architectural review', and the Variance approval is cell site; Development Review a ds the 35 feet maximum height allowed for a structure., required for the 45 feet tall "monoelm" which excee N: Pursuant to the provisions of the California Environmental Quality Act (CEQA), ENVIRONMENTAL DETERMINATION: Section 15301(d), the City has determined that this project is categorically exempt. if you. are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar Community Development Department at the address given below. To preview case materials or for further information on this subject please contact the city of Diamond Bar Community Development Department at (909) 839-7030, if you challenge this application and project in court, you may be limited to raising only those issues you or someone else .raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing, CASE MATERIALS are available for review between 7:30 a.m. and 5:30 p.m., Monday -Thursday, and 7:30 a.m, to 4:30 p , m,, Friday, at the city of Diamond Bar Community Development Department, 21825 Copley Drive, Diamond Bar, CA 91765 (inside the SCAQMD building), AREA MAP: (not to scale) North Sub ct Site ;a * C: N * M (D U) W e(D C (D M > > CDz M )-( P zz ��\07 ;a rD rD 6 -0 r) C: C) m = J(D r) r -t- 1 Ln (D (D (D \M CL— CL p (D 0 " C) rA M M z Ln M M x 5' z m e -I Ln 0 X Lo M Lom0 m z m p0 \�6 z 0 M p 0 /� ��\ NJ 0- m7Ul (D M oj toZ n z Z IW p o 0 0 4 IV c2 =r CD 0 TO: Property Owners within a 70040-0t radius of subject site FROM: Diamond Bar Planning Commission NOTICE IS HEREBY GIVEN N, pursuant to State law and Diamond Bar's Municipal Code DMC), a public hearing will be held - by the'DBar Planning I Commission to determine whether or not the subject request shall be approved. Tuesday, July 24, 20 7:00 P.M. I.A6sOON-MEPBMRTMTTKMATMCANBEHMDI DATE AND TIME OF HEARING: PLACE OF HEARING, South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765 1 SUBJECT: Conditional Use Permit No. 2007-6910ev'eloptW6rit Review 0. 2007-22/Va.riance No. 2007-05 PROPERTY ADDRESS: 2201 Peaceful Hills Road (Ronald Reagan Park), Diamond Bar, CA 91765 ASSESSOR PARCEL NO.: APN: 8765-015-900 PROPERTY OWNER, city of Diamond Bar APPLICANT. Sprint Nextel, 310 Commerce, Irvine, CA 92602 REQUEST: Conditional Use Permit No. 2007.09/Develo meat Review No. 2007.991varlan-- — ------U0 — (pursuant to Code Sections 22.58, 22,48, 22.54.and 22.42 – these applications request a telecommunications facility, #LA73XCO 17, installation consisting of antenna ' attached to a faux elm tree commonly referred to as a "monoelm" and ru an equipment building to match existing park structures. A Conditional Use Permit approval is required to operate a cell site; Development Review approval ls.:raquIred for the designiarchitectural review', and the Variance approval is required for the 45 feet tall "monoelm" which exceeds the 35 feet maximum height allowed for a structure. ENVIRONMENTAL DETERMINATION: Pursuant t6 the provisions of the California Environmental Quality Act (CEQA), Section 15301(d), the City has determined that this project is categorically exempt, if you. are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar Community Development Department at the address given below. To preview case materials or for further information on this subject please contact the City of Diamond Bar Community Development Department at (909) 839-7030, if you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or In written correspondence delivered to the Planning commission at, or prior to, the public hearing. CASE MATERIALS are available for review between 7:30 a.m. and 5:30 p.m., Monday -Thursday, and ,.7 Bar Community :30 a.m. to 430 P.m,, Friday, at the City of Diamond' B I Development Department, 21825 Copley Drive., Diamond Bar, CA 91765 (inside the SCAQMD, building), AREA MAP: 00"0scale) North Subject Site x * a W$ M (D (A W (D - M m (D (D 0) k Q CD " z > V) zz CL to 0 rD=r rD m th 0 6 M = Ln rD r)r-r En m m (D rD o- 6/§ - CL Z = ;;: 0 — (D (D r 0 =3 = U-) me 0, (D 0 4. =" e& - M M (1) 0 r) * S' "a m37.ƒ\ 3 CD z 0 hj C) /�\'-4 rD (D 0 m z m M 70 0 0 0 /so\2 3 0 = 0 1.4 W R 6 tA X Ln M M m S M 0 EG DJ Z m r) 0 0 Fj 0 44 6 mz Lin m r ig .j I TO: Property Owners within a _700.foot radius of subject site FROM: Diamond Bar Planning Commission NOTICE IS HEREBY GIVEN, pursuant to State law and Diamond Bar's Municipal Code (DBMC), a public hearing will be held bytheDiamond Bar Planning Commission to determine whether or not the subject request shall be approved, DATE AND . TIME OF HEARING: Tuesday, July 24, 2007 7:0.0 P.M. (---oN1-EwFER TmT THE wT"R cAN BE Hum) PLACE OF. HEARING: South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, .CA 91765 Ve' - SUBJECT: Conditional Use Perzi007 No. 2007-Oglcie' l!opfiient Revid 2007-22/Variance No -05 PROPERTY ADDRESS' 220 1 1 Peaceful Hills Road (Ronald Reagan Park), Diamond Bar, CA 91765 ASSESSOR PARCEL NO.: APN: 8765-015-900 PROPERTY OWNER' City of Diamond Bar APPLICANT: Sprint Nextel, 310 Commerce, Irvine, CA 92602 REQUEST: Conditional Use Permit No. 2007-091IDevelo ment Review NO, 2007-221Variance (pursuant to Code Sections 22.58, 22.48, 22.54 and 22.42 — these applications request a telecommunications facility, #LA73XC01 7, installation consisting of antenna attached -to a faux elm tree commonly referred to required to operate a as a "monoelm" and an equipment building to match existing park structures, A Conditional Use Permit approval Is cell site; Development Review approvawhich exceeds the 35 feet/maximum is required for the design/maximum height al reviewowed foe thVariance a structure. approval is required for the 45 feet tall "monoelm" r ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(d), the City has determined that this project is categorically exempt. AREA MAP- (not to 608)0) North 30 Pt Site If you.are unable to attend the public hearing, but wish to send written comments, please write to the city of Diamond Bar Community Development Department at the address given below. To preview case materials or for further information on this subject please contact the city of Diamond Bar Community Development Department at (909) 839-7030, if you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or In written correspondence delivered to the Planning Commission at, or prior to, the public hearing, CASE MATERIALS are available for review between 7:30 a.m. and 5:30 p.m., Monday -Thursday, and 7*,30'a,m. to 4:36 p.m,, Friday, at the City of Diamond Bar Community Development Department, 21825 Copley Drive, Diamond Bar, CA 91765 (inside the SCAQMD building), a x$aNC M m FA FJ m 2y%<4 %% (D\> ■ nJ @R2 m z m - Ln �\ sok ��k§(D DJ �rD/§2 § = ul § r) Ln \ § \ ) / \ %. 0/ 0 p 2 / k m m g /0 ®§ E/q oe 2#-n coZ �§ � 0.\.P § / W =:N tj / �k6 .¥ .@ \�r)ƒM 2gm�« /0 70 c \e§\2 �/�/ CL LM M �c«< E\ m ) / t \ /0 § §/ n§ 0 qc � � 6k ¢ , �. I � ,6 ;jjl. E � N TICE OF PUBLIC HEARING 0 ,- 0 , '. . City of Diamond. l3ar, T0,. Property Owners within'a .700 -foot rad * I.Lis of subject site FROM: Diamond Bar Planning Commission NOTICE IS HEREBY GIVEN, pursuant to State law and Diamond Bar's Municipal Code (DBMC), a public g 'mission to determine whether or not the subject request shall be hearing will be held by the Diamond Bar Planning Corn approved. DATE AND TIME OF HEARING: Tuesday, July 24. —20-0--7, 7:00 P.M. tmAs soom THemm TaTTK mArmR cAN BE Hmo) I PLACE OF HEARING: South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley,Drive, Diamond Bar, CA 91765 - . oq/De' lopftibrit Revid SUBJECT: Conditional Use Pe ' emit No. 2007- Ve 2007-22/Variance No. 2007-05 PROPERTY ADDRESS: 2201 Peaceful Hills Road (Ronald Reagan Park), Diamond Bar, CA 91765 ASSESSOR PARCEL NO.: APN: 8765-015-900 . PROPERTY OWNER: city of Diamond Bar Commerce, Irvine, CA 92602 APPLICANT: Sprint Nextel, 310 REQUEST: Conditional Use Permit No. 2007-09fDeve 63ment Review NO, 2007-22/VarianeO NO. ZUUI'UD (pursuant to Code Sections 22.58, 22,48, 22.54 and 22.42 —'these applications request a telecommunications facility, O..a faux elm tree commonly referred to as a "monoelm" and #LA73XCO 17, installation consisting of antenna attached t al Is required to operate a an equipment building to match existing park structures, A Conditional Use Permit approv is cell site; Development Review approval is required for the design/architectural review', and the Variance approval required for the 45 feet tall "monoelm" which exceeds the 35 feet maximum height allowed for a structure. ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California ironmental Quality Act (CEQA), Section 15301(d), the City has determined that this project,is categorically exempt.Env AREA MAP- Oct to $0818) North 30 ct Site, if you'. are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar Community Development Department at the address given below. To preview case materials or for further information on this subject, please contact the city of Diamond 96r Community Development Department at (909) 839-7030. if you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in, this notice, Or In written correspondence delivered to the Planning Commission at, or prior to, the public hearing, CASE MATERIALS are available for review between 7:30 a.m. and 5:30 p.m., Monday -Thursday, and 7:30 a.m. to 4:30 p,m,, Friday, at the city of Diamond Bar Community Development Department, 21825 Copley Drive, Diamond Bar, CA 91765 (inside the SCAQMD building), :G (D N fD rt N fDN M CD rt > nrt n M 0 N Z Z CL Lo C 0 -Vi =fDD O - p N = O O O (D 07 Di V O Cm O V n 0 nLnn fD (D N m ( C rr IM 0Z N (D LnOtD rr-n M(DM •o � M c ON O Z � O � O M N 0 0 N p O @ E V RDI 6 N v zDro° O—r7 Zo fD N oO CL O � tN0 Vy rt R O � W � G G 0 tD Ort m 01 � U2C Z O 0 N O � rt �Er no Qv � O Z n cn -< o CD _ I. � TQ: property owners within a _7004001 radILISS of subject site FROM: i Diamond Bar Planning Commission NOTICE IS HEREBY GIVEN, pursuant toCommis iD11-- D1 hd Bar Planning sion to determine. whether or not, the subject request shall be hearing will be held by the Diamond approved. DATE AND I TIME OF HEARING: Tuesday, July 24,20017z 7:00P.M. {On AS SOON 'MEWFER THATW MAMR CAN BE HM) PLACE OF HEARING: South Coast Air Quality Management District/Governmerit Center . Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765 e llopffblnt Revid 'N 6. Conditional use Permit No. 2007-6904 ve SUBJECT: Conditional No. 2007-05 PROPERTY ADDRESS' 2201 Peaceful Hills Road (Ronald Reagan Park), Diamond Bar, CA 91765 ASSESSOR PARCEL NO.: APN: 8765-015-900 PROPERTY OWNER, city of Diamond Bar APPLICANT: Sprint Nextel, 310 Commerce, Irvine, CA 92602 REQUEST: Conditional Use Permit No. 2007-09110leveloOrnent Review No. 2007-22Nariance No 2007.05 -- (pursuant to (pursuantto Code Sections 22.58,22,48,22.54 and 22.42 — these applications request a telecommunications facility, #LA73XC01 7, installation consisting of antenna attached to a faux elm tree pproval tructures. A ConditionalUse Permit Is required to operate a an equipment building to match existing park s cell site; Development Review approval is required for the design/architectural review; and the Variance approval is ds the 35 feet maximum height allowed for a structure. required for the 45 feet tali "monoelm" which excee ENVIRONMENTAL DETERMINATIO N: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(d), the Cit; has Idetermined that this project is categorically exempt. 't if you, are unable to attend the publichearing, but wish to send written comments, please write to the City of Diamond Bar Community Development Department at the address given below. To preview case materials or for further information on this subject. please contact the city of Diamond Bar Community Development Department at (909) 839-7030, if you challenge this application and project in court, you May be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or In w . ritten co I rrespondence delivered to the Planning commission at,.or prior to, the public hearing. CASE MATERIALS are available for review between 7:3-0 a.m. and 5:30 p.m., Monday -Thursday, and 730 a.m. to 4i,350 p.m,, Friday, at the city of Diamond Bar Community Development Department, 21825 Copley Drive, Diamond Bar, CA 91765 (inside the SCAQMD building), AREA MAP: (nut to scale) ,' North SuboCt Site X*CNC 2 7 � ® e cyT«% m @ n ƒ P n 2 M - CL/ - ( c � 6 -0 M \ Ln § n o• $ \/)// .p / § 0 / ■ / k G m g / r [ E ¥ X R v e IfD 05 /m 0RLU � �/ 2/°N ��6 r c E2 n o « / 0 7 ƒ 1 13 _O �&02/ / § aomƒ: �cm«< / m m § k / : 0 ¢� � _ c kE /m a 0 2' � 8 m r � 4o , TO: property Owners within a _7004001 radius of subject site FROM: Diamond -Bar Planning Commission NOTICE IS HEREBY GIVEN, pursuant,to State law and Diamond Bar's Municipal Code (DBMC), a public g Commission -to determine whether or not the subject request shall be hearing will be held- by the Diamond Bar Plannin approved, DATE AND TIME OF HEARING' Tuesday, July 24 2007 7:00 P.M. cmaSOON TEREAFrERTHATTHE MATTER CANBE HEARD) PLACE OF HEARING, South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765 Ve' SUBJECT: Conditional Use Permit No. 2007-69/De* lopftibrit Review 0.- 2007-22/Variance No. 2007-05 PROPERTY ADDRESS' 2201 Peaceful Hills Road (Ronald Reagan Park), Diamond Bar, CA 91765 ASSESSOR PARCEL NO.: APN: 8765-015-900 PROPERTY OWNER: City of Diamond Bar APPLICANT, Sprint Nextel, 310 Commerce, Irvine, CA 92602 REQUEST: Conditional Use Permit No. 2007-09IDevelo ment Review No, 2007-2211sariance NO. 1uut-U0 - (pursuant to Code Sections 22,58, 22.48, 22.54 and 22.42 — these applications request a telecommunications facility, #LA73XCO1 7, installation consisting of antenna attached to a faux elm tree commonly referred to as a "monoelm" and an equipment building to match existing park structures. A Conditional Use Permit approval is required to operate a cell site; Development Review approval is required for the design/architectural review', and the Variance approval is required for the 45 feet tall "monoelm" which exceeds the 35 feet maximum height allowed for a structure. ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the Calffomia Environmental Quality Act (CEQA), Section 15301(d), the City has determined that this project is categorically exempt, if you.are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar Community Development Department at the address given below. To preview case materials or for further information on this subject. please contact the city of Diamond Bar Community Development Department at (909) 839-7030. if you challenge this application and project in court, you May be limited to raising only those issues you or someone else raised at the public` hearing described in this notice, or In written correspondence delivered to the Planning -Commission at, or prior to, the public he , aring, CASE MATERIALS are available for review between 7:30 a.m. and 5:30 p.m., Monday -Thursday, and 7:30 a.m. to 4:30 p,,,n,, Friday, at the City of Diamond Bar Community Development Department, 21825 Copley Drive, Diamoqd Bar, CA 91765 (inside the SCAQMD building), AREA MAP - 00' , tO $0818) .,;41 ;41 North Subct Site ;a :E a N * MM (D M tn W rD .0 < WT (D (DM > rD n o M z Ln P27 CL to ��0 (D Lvj (D r) M Ln (D M (D -It < (D "n = M — 0 Z /2§2 P (D M to Ln rr 0 co 0," M 6 E/§< w o n * S. "a Z m W 3 L4 D P �k/Z '14 m I =, t1i C) N oio = W_ 0 L"a \(� < El CD Er o m z m , C /0 0 z :,:r fD h P Cl %,4 M m 3 N/ 6 X M M M_-<:5 . SU m M 0 0) a) Z m to a) /0 6 m z Ul < 0 fD E Im 5-1 TO: Property Owners within a 700 -foot radius of subject site FROM: Diamond Bar Planning Commission NOTICE IS HEREBY GIVEN, pursuant to ommcipal Code (DBMC), a public is on to determine whether ore law and Diamond Bar's inot the subject request shall be hearing will be held by the Dlamond Bar Planning approved. DATE AND TIME OF HEARING: Tuesday, July 24, 2047 7:00 P.M.(OR ASSOON THUaFmRTHATTHS AMR CAN BEHEARD) PLACE OF HEARING: South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765 SUBJECT: Conditional Use Permit No. 2007-00!®e' lopftient ReVid o. " 2007-22/Variance No. 2007-05 PROPERTY ADDRESS: 2201 Peaceful Mills Road (Ronald Reagan Pack), Diamond Bar, CA 91765 ASSESSOR PARCEL NO.: APN: 8765-015-900 PROPERTY OWNER: City of Diamond Bar APPLICANT: Sprint Nextel, 310 Commerce, Irvine, CA 92602 IVariance o. REQUEST: Conditional Use Permit X8°'22 54 and 22.42 these applications reReview No. quest a?elecornmunieatioOs facility, (pursuant to Code Sections 22.58, , an equipment installation Goch eIng of antennarrattached t uses. A Conditional #ree commonly referred Use Permit approval is required to operate a an equipment building to match existing p Variance cell site; Development Review approvawhich exceeds the 35 feet/maximum height aarchitectural llowed for; a structurepprova! is required for the 45 feet tall monoelm ENVIRONMENTAL DETERMINATION: Pursuant to the provisions oftheClif rniaexeEnvironmental t ironmental Quality Act (CEQA), Section 15301(d), the City has determined that this prof s categorically If you.are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar Community Development Department at the address given below. To preview case materials or for further information on this subject please contact the City of Diamond Bar Community Development Department at (909) 839-7030. if you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or In written correspondence delivered to the Planning Commission at, or prior to, the public hearing. CASE MATERIALS are available for review between 7:30 a.m. and 5:30 p.m., Monday -Thursday, and 7:30 a.m, to 4:30 p.m„ Friday, at the City of Diamond Bar Community Development Department, 21825 Copley Drive, Diamond Bar, CA 91765 (inside the SCAQMD building). AREA MAP: (not to scale) North Sub ct Site � O O Oj :i C N ( ro m (D ( D If N m v m (D ..� � ®. n � �. 2 p �D CL Lo z • c C n- ONS C7 v fD V O ;a (D O V ®c ro to O 5 w n 'O q p ' q', M ao Q rt n O O = oN boa 21 p,� O - -„ tXD tOG� (D (D ro o •3 * -;- ' ZLn rt W G3 �• O= N o Z r Ln t�D 0' ~ :3N � o rt N o O N V X �g <(D = Otl (D_ Lo cp � Er Z nM C = G o 0 O 1 O V � O N 0 V rt oro n W N G C OC1 Ont y to O O 0 N 0o n� O v rn a. L" -ZG o ro — TO: Property Owners within a _700400t radius of subiect site FROM: Diamond Bar Planning Commission NOTICE IS HEREBY GIVEN, pursuant to State law and Diamond Bar's Municipal Code (DBMC)' a public _b the Diamond Bar Planning Commission to determine whether or not the subject request shall be hearing will be held y approved. July 24, 7:OOP.M. MRAS SOON -MoWmWTW� WAMRW BE HMO) DATE AND TIME OF HEARING: Tuesday, PLACE OF HEARING, South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765 . ­ - ..­. .. - - ----- ­...... -- lopftieint Review'146. SUBJECT: Conditional Use Permit No. 2007-og/Deve 2007-22/Variance No. 2007-05 PROPERTY ADDRESS: 2201 peaceful Hills Road (Ronald Reagan Park), Diamond Bar, CA 91765 ASSESSOR PARCEL NO.: APN: 8765-015-900 PROPERTY OWNER' City of Diamond Bar APPLICANT: Sprint Nextel, 310 Commerce, Irvine, CA 92602 mn gnn7.n5 -- REQUEST: REQUEST: Conditional Use Fermis Mo. (pursuant to Code Sections 22.$8j 22,48, 22.54 and 22.42 — these applications request a telecommunications facility, #LA73XCO 17, installation consisting nsisting of antenna attached to a faux elm tree commonly referred to as a I'monoelm" and an equipment building to match existing park structures. A Conditional Use Permit approval is required to operate a cell site, Development Review approval is required for the designiarchitectural review; and the Variance approval is required for the 45 feet tali "monoelm" which exceeds the 35 feet maximum height allowed for a structure. ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(d), the City has determined that this project is categorically exempt. if you. are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar community Development Department at the address given below. To preview case materials or for further information on this subject please contact the City of Diamond Bar Community Development Department at (909) 839-7030. if you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or In w . ritten correspondence delivered to the Planning Commission at, or prior to, the public hearing. CASE MATERIALS are available for.review between 7:30 a.m. and 5:30 p.m., Monday -Thursday, and 7:30 a.m. to 4:30 p.m., Friday, at the City of Diamond Bar Community Development Department, 21825 Copley Drive, Diamond Bar, CA 91765 (inside the SCAQMD building), AREA MAP, (n0t tO $0818) North Sub ct Site From: Emerson Chen Re: Strong against the request conditional use permit no. 2007- 09/development review no. 2007-22/variance no. 2007-05 1. The telecommunitions facility just right in the center of residence area. 2. The telecommunitions facility just right in the Ronald Reagan Park. This is one opular park in our Diamond Bar community. In the 60 Q y 22, 2007, there were about 150 - . U3 people/75 cars in the park. Please see the attached 18 print photos and 56 digital photos in CD. Emerson Chen Diamond Bar Planning Commission City of Diamond Bar Community Development Department 21825 Copley Drive Diamond Bar, CA 91765 July 24, 2007 Subj. Conditional Use Permit No. 2007-09/Development Review No. 2007-22/Variance No. 2007-05 Location: 2201 Peaceful Hills Road (Ronald Reagan Park), Diamond Bar, CA 91765 We strongly oppose to building a new cellular tower at Ronald Reagan Park. Ronald Reagan Park, a public park where residents come to relax and participate all kinds of recreation activities is definitely not the proper place for a technology which could endanger health and well being. No one is saying not to have cell phones and towers but to make them safer. We do not have to let these cell towers go anywhere and everywhere the industry wants them. We simply do not know at this time what the possible health consequences of long term, low level exposure to RF of the type used by cellular tower antenna will be. Also, once a cell tower is erected, it has proved very difficult to verify the radiation is within legal limits. There are no safety measures in place to ensure that the towers are not emitting higher radiation levels than legally allowed. Property values have also been known to drop once a cell tower is erected, due to the perceived risk of negative health effects. Protection of citizens' health and property rights should be foremost in the responsibilities of local government. We urge our elected officials to protect the health and welfare of the citizens who live here. Sincerely, Fei Ho & Hsiaoling Tsao 20832 High Country Drive Walnut, CA 91789-4054 APN: 8765-016-025 7/23/07 To : The City of Diamond Bar Community Development Department Subject: COnditional Use Permit No. 2007-09/Development Review No. 2007-22/Variance No.2007-05 Comments: Disagree with Subject. 44. APN:8765-015-003 Sang K am 20815 Quail Run Dr. Diamond Bar CA 91789-4033 Date; 7/23/07 Page 1 of 1 Stella Marquez From: Michael D. Park [mdp2156@gmail.com] Sent: Monday, July 23, 2007 9:14 PM To: Stella Marquez Subject: Fwd: public hearing re: Ronald Reagan Park ---------- Forwarded message ---------- Froin: Michael D. Park <mdp2156 mail.com> Date: Jul 23, 2007 9:12 PM Subject: public hearing re: Ronald Reagan Park To: stella.marquez o,ci.diamond-bar.ca.us To Whom It May Concern, July 23, 2007 Since I will be unable to attend the public hearing on Tuesday, July 24th due to a prior engagement, I would like to go on record as being opposed to the potential placement of a communications tower in Ronald Reagan Park. I have signed a petition which some of my neighbors have been circulating and will present at the hearing. 7/24/2007 Michael D. Park 20787 E. Rim Lane Diamond Bar, CA 91789 (909)839-0965 Page 1 of I Stella Marquez . .... ...... ...... .... .... .. From: Michael D. Park [mdp2156@gmail.com] Sent: Monday, July 23, 2007 9:14 PM To: Stella Marquez Subject: Fwd: public hearing re: Ronald Reagan Park ---------- Forwarded message ---------- From: Michael D. Park <Mdp 1.56@9 ail-COIW> Date: Jul 23, 2007 9:12 PM Subject: public hearing re: Ronald Reagan Park To: stella.inarquez o ci.diamond-ba�rxaxs. To Whom It May Concern, July 23, 2007 Since I will be unable to attend the public hearing on Tuesday, July 24th due to a prior engagement, I would like to go on record as being opposed to the potential placement of a communications tower in Ronald Reagan Park. I have signed a petition which some of my neighbors have been circulating and will present at the hearing. 7/24/2007 Michael D. Park 20787 E. Rim Lane Diamond Bar, CA 91789 (909) 839-0965 ;a * aw fD (A * W rD M .0 < -WI M rD O tn fD M > A: > rD Z M 0-1 0 �; z = . 0 Z Ln CL Lo - 0 . (D (D ;a rD ID r) U) 0 rD fD M (D fD M M rt 0 0 r) C, -0 C) = Z O M o (D M O U-) -0 X M 0 6 0 m fD Z 3 P O E T r -r O. m 2. FD- 2 U, X co M. 6 LO Z o m 0 a m m 20 m o 0 0 0 R 6 Er M O fD0 Z �j c Er o O Z Ln 0 CD 0 01 ;a * aw fD (A * W rD M .0 < -WI M rD O tn fD M > A: > rD Z M 0-1 0 �; z = . 0 Z Ln CL Lo - 0 . (D (D ;a rD ID r) U) 0 rD fD M (D fD M M rt 0 0 r) C, -0 C) = Z O M o (D M O U-) -0 X M 0 6 0 m fD Z 3 P O E T r -r O. m 2. FD- 2 U, X co M. 6 LO Z o m 0 a m m 20 m o 0 0 0 R 6 Er M O fD0 Z �j c Er o O Z Ln 0 CD 0 TO: Property Owners within a,700 -foot radius of subject site FROM: Diamond Bar Planning Commission NOTICE IS HEREBY GIVEN, pursuant to State law and Diamond Bars Muninotthe subjcipal Code ect (DBMC)request shall , a pubbe lic hearing will beheld bythe-Diamond BarPldnning Commission to determine whether or approved. DATE AND TIME OF HEARING: Tuesday, Jul 24 2007.7:00 P.M. tORAS SOON THEMMSTHATTHE MkT(ER CAN BE 'fM) PLACE OF HEARING: South Coast Air Quality Management DistriBaGovern917ment65 Center Auditorium, 21865 Copley Drive, Diamond CA conditional Use Permit No. 2007-69lOeVelopftibnt Review'N�0- SUBJECT: 2007-22/Variance No. 2007-05 PROPERTY ADDRESS, 2201 Peaceful Hills Road (Ronald Reagan Park), Diamond Bar, CA 91765 ASSESSOR PARCEL NO.: APN: 8765-015-900 PROPERTY OWNER- city of Diamond Bar APPLICANT: Sprint Nextel,,' 310 Commerce, Irvine, CA 92602 REQUEST: Conditiontions 22.101to,0258, 22.48, 22.54 and 22.42— thesapplications request atelecommunications facility, (pursuantto Code Seisting of antenna attached to a faux elm tree pproval t"#LA73XC017, installation cons existing parkstructures. A Conditional Use Permit is required to operate a an equipment building to match ired for the design/architectural review; and the Variance approval is cell site; Development Review apprexceeds the 35 feet maximum height allowed for a structure. required for the 45 feet tall "monoelm" oval is rewhich ENVIRONMENTAL DETERMINATION- Pursuant to the pp ovisions of the California Environmental Quality Act (CEQA), Section 15301(d), the City has determined that sroject is categorically exempt. AREA MAR (not to scats) North SuiTlect Site if you'.are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar Community Development Department at the address given below. To preview case materials or for further information on this subject. please contact the City of Diamond Bar Community Development Department at (909) 839-7030, if you challenge this application and project in court, You MBY be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or In written correspondence delivered to the Planning Commission at, or prior to, the public hearing, CASE MATERIALS are available for review between 7:30 a.m. and 5:30 p.m., Monday -Thursday, and 7:30 a.m. to 4:30 p.m,, Friday, at the city of Diamond Bar community Development Department, 21825 Copley Drive, Diamond Bar, CA 91765 (inside the SCAQMD building), ells i �S VON . 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ApplicarIV relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 4. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK 1 Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. Any homeowner that installs a new septic tank system, repairs and existing septic tank or adds any plumbing fixture units or bedroom equivalents to the facility served by an existing septic system will need to submit a Notice of Intent (NOI) to the Regional Water Quality Control Board for Waste Discharge Requirements and submit a copy of the sent NOI and check to the City. Please refer to City handouts. 3. 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. 4. SEPTIC TANK: The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department, California Water Control Board and the City's Geotechnical Engineer shall approve these plans prior to the issuance of any permits. The property owner shall be required to sign and record the City's Covenant for use of a septic system. G. TRAFFIC MITIGATIONS 1 A Traffic Impact Analysis Report shall be submitted for review and approval by the City. Such report shall address on-site circulation and parking requirements. 2. All traffic mitigations shall be implemented and constructed in accordance with the Traffic Report Dated and Conditions of project approval for the insert project number prior to issuance of the certificate of occupancy. 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., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 7/24/2007 11 VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION Z4a AGENDA rI'FM SUBJECT: �I t j� TO: Planning Commission Secretary DATE: r? 2 o FROM: ADDRESS: 2-2.2-cl 0 cl i2 c �)Xq, _ .ORGANIZATION: SUBJECT: Ts1 tr-t� r�Aa I would like to .address the Planning Commission on the above stated item. Please have the Commission Minures reflect my name and address as printed above. Signature . NOTE: All persons may attend meetings and address the Planning Commis.sion. This form is intender to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * SUBJECT: NEX0- ` - TbwGrz IN PoNpq D t�N-IAI, TO: Planning Commission Secretary DATE: FROM: o u+'i ADDRESS: 2 D 7 ( 2) L. M lL-�- Ll .) W KIN-U.'TT. , C,4 -,q L�j- � .ORGANIZATION: " P� L o Ot� T SUBJECT: l w bu c (:t��-c � �1-( ivy y V't-wS 4 a r rs"sv�1 S 4 I would like to address the Planning Commission on the above stated item. Please have the Commission Minures reflect my name and address as printed above. / 'gnature NOTE: All persons may attend meetings and address the Planning Commission. This form is intender to assist the Chairman in ensuring that all persons wishing to address the Commission wilt have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUFST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * ! i / SUBJECT: TO: Planning -Co'mn iss-i-`on Secretary FROM: --ORGANIZATION: DATE: �% '1-1169 / r I would like to .address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature . NOTE: All persons may attend meetings and address the Planner Commission. This form is intender to assist the Chairman in ensuring that all persons vrishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * �° SUBJECT: �� /�`f ® �,�P `ems- 4'. Ij TO: Planning Commission Secretary BATE: �� `aZ t.J '"I FROM:�°��i �= �' 04 V1_5 ADDRESS; .ORGANIZATION: SUBJECT: I would like to .address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature . NOTE: -A11 persons may attend meetings and address the "Planning Commission. This foi.-m. is intender to assist the Chairman in ensuring that all persoias - fishing to address the CommisS ion -vffk have the opportunity and to ensure correct spelling of names in. the IV notes,