HomeMy WebLinkAbout11/26/2002 PLANNING F�E �oPY
COMMISSION
A �ENDA
November 26 , 2002
7 : 00 P.M.
Suuth Coast Air Quality Management District '
Auditorium
21865 East Copley Drive
Diamond Bar, CA
Chairman Joe Ruzicka
Vice Chairman Steve Tye
Commissioner Steven Nelson
Commissioner Dan Nolan
Commissioner Jack Tanaka _
Copies of staff reports or other written documentation relating to agenda items are on file in the Planning
Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are
available tor public inspection. If you have questions regarding an agenda item, please call (909) 396-5676
during regular business hours.
In an effort to comply with the requirements of Title ll of the Americans with Disabilities Act of 1990, the City of
Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community &
Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting.
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Please refrain irom smoking, eating or The City of Diamond Bar uses recyGed paper
drinking in the Auditorium and encourages you to do the same
City of Diamond Baz
Planning Cominission
MEETING RULES
PUBLICINPUT
The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may
address the Comrnission on the subject of one or more agenda items and/or other items of which aze 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 Lbe 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 rsquesting 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 azises 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 Coaunission meetings aze prepared by the Planning Division of the
Community and Development Services 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 casse[te tapes and duplicate tapes aze available for a
nominal chazge.
ADA REOUIREMENTS
A cordless microphone is available for those persons with mobility impairments who cannot access the public
speaking area. The service of the wrdless microphone and sign language interpreter services are available by
giving notice at least three business days in advance of the meeting. Piease telephone (909) 396-5676 between
7: 30 a.m. and 5 : 30 p.m. , Monday through Thursday, and 730 a.m. and 430 p.m. , Friday.
HELPFUL PAONE NUMBERS
Copies of Agenda, Rutes of the Commission, Cassette Tapes of Meetings (909) 396-5676
Computer Access to Agendas (909) 860-LINE
General Agendas (909) 396-5676
email: info@ci .diamond-bar.ca.us
Next Resolution No. 2002-46
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, November 26, 2002
AGENDA
CALL TO ORDER : 7: 00 p . m .
PLEDGE OF ALLEGIANCE : '
1 . ROLL CALL: COMMISSIONERS : Chairman Joe Ruzicka, Vice-Chairman
Steve Tye , Steve Nelson , Dan Nolan , and Jack Tanaka.
- � 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 recordinq Secretary (Completion of this form is voluntary )
There is a five-minute maximum time limit when addressina the Planninq Commission
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3. APPROVA� 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 : November 12 , 2002 .
5. OLD BUSINESS : None .
6. NEW BUSINESS : None .
7. CONTINUED PUBLIC HEARING(S):
7. 1 Develoament Review No. 2002-03 (pursuant to Code Sections 22 .48. 020.A. )
is a request to construct a two-story office buiiding of approximately 25 ,000
square feet on a vacant lot within Gateway Corporate Center. (Continued from
October 22 , 2002)
Project Address : 2i671 E . Gateway CenterDrive
Diamond Bar, CA 91765
November 26 , 2002 Page 2 PLANNING COMMISSION
Property Owner: Acbar Omar
222 N . Sunset Avenue
West Covina, CA 91790
Applicant: Southwest Design
720i Haven Avenue , Suite E-309 ,
Alta Loma, CA 91701
Environmental Determination : Pursuant to the provisions of the California
Environmental Quality Act (CEQA) , Section 15070, the City has determined that
a Negative Declaration is required for this project. Negative Declaration No.
" 2002-RS has been prepared . The Negative Declaration' s review period began
October 1 , 2002, and ended October 20, 2002.
Recommendation: In accordance with appiicanYs request, staff recommends
that the Planning Commission continue Development Review No. 2002-03 to
December 10, 2002 ,
8. PUBLIC HEARING(S):
8. 1 Development Review No. 2002-30/Minor Conditionai Use Permit
No. 2002-15 (pursuant to Code Sections 22 .48 .020 , 22.56, and 22 . 68j is a
request to remodel and add approximately 842 square feet to an existing 1 ,690
square fieet fegal non-confiorming single famiiy residence with two car garage.
Additionally, the applicant requests approval of a Minor Conditional Use Permit
to allow for the continuation of a legal nonconforming 7'4" side yard setback
distance .
Project Address : 21216 Cold Spring Lane (Lot 3 , Tract 25985)
Diamond Bar, CA 91765
Property Owner: Hone-Man Le
21216 Coid Spring Lane
Diamond Bar, CA 91765
Applicant: Bao L. Nguyen
21216 Cold Spring Lane
Diamond Bar, CA 91765
Environmental Determination: Pursuant to the provisions of the California
Environmental Quality Act (CEQA) , Section 15301 (e) , the City has determined
that this project is Categorically Exempt.
November 26 , 2002 Page 3 PLANNING COMMISSION
Recommendation : Staff recommends that the Planning Commission approve
Development Review No . 2002-30/Minor Conditionai Use Permit No . 2002- 15 ,
Findings of Fact, and conditions of approval as listed within the draft resolution.
9. PLANNING COMMISSION COMMENTS :
10. INFORMATIONAL ITEMS :
1U.1 Public Nearina dates for future proiects.
11 . SCHEDULE OF FUTURE EVENTS: '
THANKSGNING HOLIDAY: In observance of the 7hanksgiving
Holiday, City offices will be closed
Thursday, November 28, and
Friday, November 29 , 2002 .
City offices will reopen on Monday,
December 2, 2002
HOLIDAY RIDE : November 29 2002 - January 2 , 2003
Free io afl residents 1 S years and oider
(children under 18 must be accompanied
by an adult.) Please call 1 -800-578-6555
for pick up
CITY COUNCIL MEETING : Tuesday, December 3 , 2002 — 6 :30 p. m .
AQMDfGovt. Center Auditorium
21865 E. Copley Drive
ADMINISTRATfVE REVIEW : 'fuesday, December 10, 2002 — 6 : 00 p. m .
AQMD/Govt. Center Auditorium
21865 E. Copley Drive
PLANNING COMMISSION Tuesday, December 10, 2002 — 7:00 p .m.
MEETING : AQMD/Govt. Center Auditorium
21865 E. Copley Drive
TRAFFIC AND Thursday, December 12 , 2002 — 7:00 p. m .
TRANSPORTATiON AQMD/Govt. Center Hearing Board Room
COMMISSION MEETING : 21865 E. Copley Drive
November 26 , 2002 Page 4 PLANNING COMMISSION
WINTER SNOW FEST: Saturday, December 14 2002 -
10: 00 a. m . to 4 : 00 p. m .
Pantera Park, 738 Pantera Drive
PARKS AND RECREATION Thursday, December 19 , 2002 — 7:00 p . m .
COMMISSION MEETING : AQMD/Govt. Center Hearing Board Room
21865 E. Copley Drive�
CHRISTMAS HOLIDAY: In observance of the Christmas Holiday,
City offices will be closed Tuesday,
_ December 24 , 2002 , and Wednesday,
- December 25 , 2002 . City offices will reopen
on Thursday, .December 26 , 2002 .
NEW YEAR'S HOLIDAY: In observance of the New Year's Holiday,
City offices will be closed Wednesday,
January 1 , 2003 . City offices will reopen on
Thursday, January 2, 2002 .
CHRISTMAS TREE December 26 , 2002 , through January 10 ,
RECYCLING PROGRAM : 2003 . Piace tree at curbside on regular trash
pick up day for disposal .
CITY-SPONSORED December 26, 2002, to January 17, 2003 -
ELECTRONIC WASTE Free removal of TV's , VCR Monitors, CD
PICK UP: Players , Telephones , Radios , etc. Cali
1 -800-449-7587
12. ADJOURNMENT:
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NIINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLAIVNING COMMISSION
NOVEMBER 12, 2002
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 7 :01 p.m. in the South Coast Air Quality
ManagemenUGovemment Center Auditorium, 21865 East Copley Drive, Diamond Baz, California
91765 . ,
PLEDGE OF ALLEGIANCE : '
Vice Chairman Tye led the pledge of allegiance.
1. ROLL CALL :
Present: Chairman Joe Ruzicka, Vice Chairman Steve Tye, and '
Commissioners Steve Nelson, Dan Nolan and Jack Tanaka.
Also Present: 7ames DeStefano, Deputy City Manager, Ann Lungu, Associate
Planner, Linda Smith , Development Services Assistant, Stella
Marquez, Administrative Assistant; Dave Meyer and Milan Gazrison,
LDM Associates.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS : None Offered.
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR: -
4.1 Minutes of Study Session of November 12, 2002.
C/`I'anaka moved, C/Nolan seconded, to approve the Study Session Minutes of
October 8 , 2002, as presented. Without objection, the motion was so ardered.
4.2 Minutes of Regular Meeting of October 22, 2002.
C/Nolan moved, C/T'anaka seconded, to approve the Regular Meeting minutes of
October 22, 2002. as presented. Without objection, the motion was so ordered.
5. OLD BU5INESS : None
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NOVEMBER 12, 2002 Page 2 PLANNING COMMISSION
6. NEW BUSINESS :
6.1 Presentation by Barbara Shutl, Executive Director of the Fair Housing
Foundation — Overview of Services — Continued to a future date to be determined.
7. PUBLIC HEARING(S):
71 Develonment Review No. 2002-09, Minor Conditional Use Permit 2002-09, and
Tree Permit No. 2002-07. Pursuant to Chapters 22.48 , 22. 56 and 2238 of the
Diamond Bar Development Code, the applicant has requested approval of plans to
remodel and construct an approximate 4,743 squaze foot addition to an existing 4,902
square foot three (3) story single-family resident to total 9,645 squaze feet of
combined gross floor azea (including covered porches, balconies, patios and a 5-car
garage) . The project also includes a detached covered patio structure, swimming
pool , tennis court and retaining walls with a maximum exposed height of six feet.
Additionally, the applicant requests approval of a Minor Conditional Use Permit to
allow for the continuation of a legal nonconforming 22-foot front yard setback
distance, and a ten foot high tennis court fence. The applicant is also seeking
approval of a Tree Pernvt to remove and replace a protected tree species.
PROJECT ADDRESS : 2909 Wagon Train Lane (APN 8713-014-011 )
Diamond Bar, CA 91765
PROPERTY OWNER: Ezzat Seif
2909 Wagon Train Lane
Diamond Bar, CA 91765
APPLICANT: Pete Volbeda
615 N. Benson Avenue, Unit D
Upland, CA 91786
PC/Garrison presented staff' s report. Staff recommends Planning Commission
approval of Development Review No. 2002-09 and Tree Permit No. 2002-07, the
Findings of Fact, and conditions of approval as listed within the resolution .
C/Nelson asked staff to correct the tree preservation statement to reflect thaC there are
protected trees on-site.
Responding to C/Nelson, Mr. Garrison explained that during staff' s review , it was
discovered that the site contained protected trees. Subsequently, the applicant filed a
Tree Permit application . An Arborist was called in to provide a report that was
received after Commission packets were distributed. Staff reviewed the report and
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NOVEMBER 12, 2002 Page 3 PLANNING COMMISSION
recommended that the five trees would have to be removed in order to accommodate '
the tennis court. The Arborist report indicated that the trees that are being removed
aze not acceptable to relocation. In accordance with the City' s Development Code,
staff recommended repiacement at a 3 : 1 ration with 24-inch box trees . A final
landscape plan must be submitted as part of the approval. At that time staff would '
deternurie whether alternate replacement tree sizes would be appropriate. Upon such
a finding, the matter would then be returned to the Planning Commission for
approval.
Chair Ruzicka asked if it would be appropriate to increase the ratio to 4: 1 or 5 : 1 if
15- gallon trees were recommended.
PC/Garrison believed that a 3 : 1 ratio would be acceptable for either 15-gallon or
24-inch box . Since this is a discretionary approval, the Commission may choose to
require a great replacement ratio.
Pete Volbeda, applicant, said he read staff' s report and concuned with the conditions '
of approval . He pointed out that the 24-foot setback applies only to the garage
portion of the structure.
Chair Ruzicka opened the public hearing.
There being no one present who wished to speak on this matter, Chair Ruzicka closed
the public hearing.
VC/Tye asked C/Nelson to express his thoughts on the proposed tree replacement
ratio.
C/Nelson said that the younger the tree the better able it is to adapt to new
environments. He is not an expert on Walnut Trees . However, DR. Ronald Quinn of
CalPoly has conducted a signiFicant amount of restoration research. In speaking with
Dr. Quinn, he indicated that the best long-term prospects come from planting seeds.
Obviously, that is not an alternative in this case. Therefore, he agreed with Chair
Ruzicka about substituting number for size because the objective is to create biomass
to contribute to replacement on-site. Accordingiy, more of the smaller trees are
required to equal the biomass of a large tree. He suggested that staff contact
Dr. Quinn about providing decision-making guidelines for tree replacement.
C/Nelson moved, VC/'I'ye seconded, to approve Development Review No. 2002-09
and Tree Permit No. 2002-07 , Findings of Fact, and conditions of approval as listed
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NOVEMBER 12, 2002 Page 4 PLANNING CONIMISSION
within the resolution with the additional condition that the Planning Commission be
allowed to review and approve the final landscape plan for this project. Motion
carried by the following Roll Call vote:
AYES : COMNIISSIONERS : Nelson, V/C Tye, Nolan, Tanaka,
Chair Ruzicka
NOES : COMIVIISSIONERS : None
ABSENT: COMMISSIONERS : None
7.2 Development Review No. 2002-28 Pursuant to Code Section 22.48.020.A. this is a
request to construct a first and second story addition of approximately 914 square feet
to an existing single family residence of approximately 1 ,722 square feet.
PROJECT ADDRESS : 1808 S . Fem Hollow Drive (I.ot 20Q Tract No. 28579)
Diamond Bar, CA 91765
PROPERTY OWNER/ Juan A. and Maria S . Vidal
APPLICANT: 1808 South Fern Hollow Drive
Diamond Bar, CA 91765
AssocP/Lungu presented staff' s report. Staff recommends Planning Commission
approve Development Review No. 2002-28 , the Findings of Fact, and conditions of
approval as listed within the resolution.
Maria Vidal , owner/applicant, said she read staff' s report and concurs with the
conditions of approval as listed.
Chair Ruzicka reopened the public hearing.
There being no one present who wished to speak on this matter, Chair/Ruzicka closed
the public hearing.
C/Nolan moved, C/Tanaka seconded, to approve Development Review No. 2002-28,
the Findings of Fact, and conditions of approval as listed within the resolution.
AYES : COMMISSIONERS : Nolan, Tanaka, Nelson, VC/Tye,
Chair/Ruzicka
NOES : COMMISSIONERS : None
ABSENT: COMMISSIONERS : None
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7.3 Tree Permit No. 2000-01(1) Pursuant to Code Sections 22.66 .060 and 22.38 this
applicant is a request to change an approved project by pernutting the removal and
replacement of preserved and protected Walnut Trees .
PROJECT ADDRESS : 2515 Crowfoot Drive (Lot 62, Tract No. 30577)
Diamond Bar, CA 91765 '
PROPERTY OWNER/ Mark and Tara Kuo
APPL.ICANT: P.O. Box 5406
Diamond Bar, CA 91765
DSA/Smith presented staff' s report. Staff recommends Planning Commission
approve Tree Permit No. 2000-01 ( i ), the Findings of Fact, and conditions of
approval as listed within the resolution.
In response to C/Nelson, DSA/Smith indicated that staff has asked for Sycamore,
Arroyo Wiilow or Oak to be proffered as repiacement trees .
DSA/Smith responded to C/Nolan that according to the Arborist' s report the tree loss
did not occur as a result of grading, it was merely lack of water due to drought
conditions .
VC/Tye asked if the construction debris piled azound the tree could have had
something to do with its demise to which DSA/Smith said it likely would have
contributed.
Mark Kuo, property owner and applicant, said he had no objections to staff' s
conditions.
C/Nelson asked Mr. Kuo if there were provisions made during construction to have
the tree fenced or flagged to which Mr. Kuo responded there was a fence around the
tree during a portion of the construction. There was no construction debris thrown
underthe tree.
Chair/Ruzicka opened the public hearing.
There being no one who wished to speak on this item, Chair/Ruzicka closed the
public hearing.
VC/T'ye moved, C/Nelson seconded, to approve Tree Pernut No. 2000-01 ( 1 ),
Findings of Fact, and conditions of approval as listed within the resolution. Motion
carried by the following Roll Call vote:
NOVEMBER 12, 2002 Page 6 PLANPTING CONIMISSION
AYES : COMIVIISSIONERS : VC/Tye, Nelson, Nolan, Tanaka,
Chair/Ruzicka
NOES : COMMISSIONERS : None
ABSENT: CONIMISSIONERS : None
7.4 Development Review No. 2002-26 and Minor Conditional Use Permit
No. 2002-11 Pursuant to Code Sections22.48 .020.A. , 22.20 and 22. 52, this
application is a request to demolish an existing two-story single family residence of
approximately 4,000 square feet and construct a two-story single family residence
with a basement, five-caz garage, balconies, and patio for a total of approximately
14,800 square feet. Additionally, the request includes a swimming pool/spa, gazebo
with barbecue, tennis court with fencing and lighting and retaining walls with a
maximum exposed height of six feet within the front, side and rear yards.
Development Review is an architecturaUsite design review. The Minor Conditional
Use Pernvt is for tennis court fencing taller than six feet. The Minor Variance is for a
20 percent reduction in reaz yazd setback far the tennis court.
PROJECT ADDRESS : 23980 Falcons View Drive (I.ot 20 of Tract No. 30577)
Diamond Bar, CA 91765
PROPERTY OWNER: Dr. and Mrs. Chuahan
23980 Falcons View Drive
Diamond Bar, CA 91765
APPLICANT: Jerry Yeh
Horizon Pacific
2707 Diamond Bar Boulevard, #202
Diamond Bar, CA 91765
AssocP/Lungu presented staff' s report. Staff recommends Planning Commission
approve Development Review No. 2002-26, and Minor Conditional Use Permit
No . 2002- 11 , the Findings of Fact, and conditions of approval as listed within the
resolution.
Jerry Yeh, applicant, stated he reviewed staff' s report and concurs with the conditions
of approval. He asked that the Commission approve the tennis court setback as
proposed.
Mr. Yeh responded to Chair/Ruzicka that the applicant wants to acquire a limousine.
The applicant will not be conducting business at the site.
NOVEMBER 12, 2002 Page 7 PLANNING COMMISSION
Chair/Ruzicka opened the public hearing.
There being no one present who wished to speak on this item, Chair/Ruzicka closed
the public hearing.
C/Nolan moved, VC/Tye seconded, to approve Development Review No. 2002-26 , '
and Minor Conditional Use Pernut No. 2002- 11 , the Findings of Fact, and conditions
as listed in the resolution.
AYES : COMNIISSIONERS : Nolan, VC/Tye, Nelson, Tanaka,
Chair/Ruzicka
NOES : COMNIISSIONERS : None
ABSENT: CONID�IISSIONERS : None
7.5 Conditional Use Permit No. 2002-13 Variance No. 2002-OS and Administrative
Development Review No. 2002-21 Pursuant to Code Sections 22.58 .020, 22.54.020,
and 22.48 .020 is a request to add a portable classroom at the rear of the shopping
center proposed be used for the Montessori Academy' s computer lab for an unlimited
period of time. The Variance is a required far a retaining wali of varying height of up
to 13 feet.
PROJECT ADDRESS : Diamond Bar Village Shopping Center
367 Diamond Bar Boulevard
Diamond Bar, CA 91765
PROPERTY OV�NER: The Abbey Company
12383 L.ewis Street, #200
Garden Grove, CA 92840
APPLICANT: Diamond Bar Montessori Academy
23555 Palomino Road
Diamond Bar, CA 91765
DSA/Smith presented staff' s report. Staff recommends that the Planning
Commission approve Conditional Use Pernvt No. 2002- 13 , Variance No. 2002-OS
and Administrative Development Review No. 2002-21 , Findings of Fact, and
conditions of approval as listed within the resolution.
Chair/Ruzicka was concemed about including an "unlimited" period of time.
Tige Licato, Co-owner, Montessori Academy, said he read staff' s report and concurs
with the conditions of approval. Schoo] officials considered the proposed ]ocation to
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NOVEMBER 12, 2002 Page 8 PLANNING CONfMISSION
be the best for the students and least intrusive for the neighboring residents. In
addition, existing precious playground area would be preserved.
Mr. Licato responded to C/Neison that a chain link fence is located about 100 yards
above the school . When the school first opened they were concemed about vehicles
coming'off of the freeway down into the school area. Since the school opened, there
had been no such incident. Such an occunence would equally affect the cuttent
school, playground and mobile unit.
C/Nelson felt that some type of barrier should be installed between the freeway and
the site.
Mr. Licato said that he would absolutely explore the possibility of installing a barrier �
to protect the safety of the children even though it would be a financial burden to the
school.
DCM/DeStefano was uncertain if staff took that safety issue into consideration.
From a staff perspective, what would an appropriate design be to attempt to protect
structures from vehicles leaving the freeway. Perhaps the applicant could work with
CalTrans engineers to determine an appropriate design .
Mr. Licato pointed out that the property is adjacent to a freeway on-ramp and not
adjacent to the main thoroughfaze. It is a fairly long distance from the freeway to the
school.
DCM/DeStefano responded to VC/Tye that the current property owner also owns the
portion upon which the trailer is proposed to reside. The CalTrans right-of-way
begins at about the on-ramp. CalTrans wouid not necessarily be involved in the
actual design but could be involved as a consultant.
VC/Tye asked Mr. Licato how many computer stations the mobile is proposed to
house. Mr. Licato responded that the schooPs objective is to house as many
computer workstations as possible, up to 15 or 16, depending on the fire
department' s approval. The ingress/egress area is completely secure within the gated
facility. The unit was designed to provide a direct benefit to the current student body.
Enroliment will not be increased.
C/Nolan observed that the on-ramp veers away from the school property toward the
freeway. It seemed to him that it would be difficult for a vehicle to reach the school
property from the throughway.
NOVEMBER 12, 2002 Page 9 PLANNING COMMISSION
Chair/Ruzicka asked that the record reflect the Commission ' s primary concem for the
safety of the children and the fact that it noted the remote possibility that an
automobile or flying object could move from the freeway to the school building and
cause injury.
Chair/Ruzicka opened the public hearing.
Christy Licato spoke in support of the Diamond Bar Montesorri Academy' s proposed
project and respectfully requested Commission approval. The proposal addresses the
best interest of the students and the community.
Manny Gonzales, 4031 Zion Court, Chino, has two children that currently attend
Montessori Academy. He supported the project. He felt the computer lab would
benefit his children and would be a positive addition to the schooL
Michele Cambrono, 620 Skycourt, spoke in support of the proposed project. As a
faculty member of the Coast Community College District, she was definitely aware
of the importance of computer technology as a part of the curriculum.
Chair/Ruzicka closed the public hearing.
VC/'I'ye commended Mr. Licato on his successful business venture evidenced by his
wish to expand. He recalled that his most important concern in kindergarten was a
blanket and cookies. Now kids are concerned with greater issues such as whether to
_ bring a floppy disk or compact disk. _
VC/Tye moved, C/'1'anaka seconded, to approve Conditional Use Permit
No. 2002- 13 , Variance No. 2002-OS and Administrative Development Review
No. 2002-21 , Findings of Fact, and conditions of approval as ]isted within the
resolution . Motion approved by the following Roll Call vote:
AYES : COMMISSIONERS : VC/Tye, Tanaka, Nelson, Nolan,
Chair/Ruzicka
NOES : COMMISSIONERS : None
ABSENT: COMMISSIONERS : None
Chair/Ruzicka reiterated his concern for approving an "unlimited" time for use of the
building.
7.6 Conditional Use Permit No. 2002-12 Pursuant to Code Section 22.58 , this
proposed project is a request to install an exercise facility for women identified as
"Curves" in an existing shopping center.
NOVEMBER 12, 2002 Page 10 PLANNING COMMISSION
PROJECT ADDRESS : Diamond Bar Village Shopping Center
367 Diamond Bar Boulevard
Diamond Bar, CA 91765
PROPERTY OWNER: DBV Staz, LLC
11747 Valley
El Monte, CA 91732
APPLICANT: Geraldine Conley
' 15189 Palisade Street
Chino Hill, CA 91709
AssocP/Lungu presented staff' s report. Staff recommends approval of Conditional
Use Pernut No. 2002- 12, the Findings of Fact, and conditions of approval as listed
within the resolution.
Gerry Conley said she read staffls report and concurred with the conditions of
approval as stated.
Chair/Ruzicka opened the public hearing.
There being no one who wished to speak on this item, Chair/Ruzicka closed the
public hearing.
AssocP/Lungu responded to VC/Tye that this is a simple and quick low-impact
exercise program that does not require shower facilities.
C/Nelson moved, VC/Tye seconded, to approve Conditional Use Permit
No. 2002- 12, the Findings of Fact, and conditions of approval as listed within the
resolution . Motion carried by the following Roll Call vote:
AYES : COMIVIISSIONERS : Nelson, VC/Tye, Nolan, Tanaka,
Chair/Ruzicka
NOES : COMNIISSIONERS : None
ABSENT: COMMISSIONERS : None
S. PLANNING COMMISSION CONIIVIENTS : VC/TyepraisedtheCityCouncil
for their recognition of Veterans. Even though he never served in the armed farces, he
considered it a privilege to stand for a photograph with his fellow Commissioners Nolan and
Tanaka and Chair/Ruzicka who did serve in the military.
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NOVEMBER 12, 2002 Page 11 PLANNING COMMISSION
9. INFORMATIONAL ITEMS : DCM/DeStefano reported that earlier this evening
during the Administrative Review process, he approved two homes for construction. On
November 21 there will be a meeting with the developer and residents living adjacent to the
Walnut Valley Trailer Park property for the purpose of discussing the proposed Extended
Stay America project in greater detaiL
Chair/Ruzicka felt he might not be able to attend the meeting because of prior commitments.
DCM/DeStefano said it would not be necessary for the Commissioners to attend the meeting
and that staff would provide a detailed report to the Commissioners at the December 10
meeting.
10. SCHEDULE OF FUTURE EVENTS :
As presented in the agenda.
ADJOURNMENT:
There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned
the meeting at 8 :45 p.m.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Chairman Joe Ruzicka
INTEROFFICE MEMORl�P7DUM
TO : Chairman and Planning Commissioners
FROM : Ann J . Lungu , Associate Planner q��
V
SUBJECT : Agenda Item 7 . 1 - Development Review No . 2002 - 03
located at 21671 E . Gateway Center Drive , Diamond
Bar , CA 91765
DATE : November 14 , 2002 '
The referenced project was presented to the Planning Commission on
October 22 , 2002 at a duly noticed public hearing . At that time ,
the Planning Commission received staff ' s report , opened the public
hearing and discussed the project . The Planning Commission
continued the public hearing to November 26 , 2002 in order to allow
the applicant additional time to prepare a traffic impact analysis
report .
In a correspondence dated October 31 , 2002 , the applicant requested
the project be continued to December 10 , 2002 due to a scheduling
conflict .
RECOMMENDATION :
Staff recommends that the Planning Commission continue this
project ' s public hearing to December 10 , 2002 .
Attachment :
Correspondence dated October 31 , 2002 from Southwest Design Group .
City of Diamond Bar
PLANNING COMMISSION
Staff Report
AGENDA ITEM NUMBER: �6 • 1
REPORT DATE : November 19 , 2002
MEETING DATE : November 26, 2002
CASE/FILE NUMBER: Development Review No . 2002-30/Minor Conditional Use
Permit No. 2002- 15
APPLICATION REQUEST: A request to remodel and add approximately 842 square '
feet to an existing 1 ,690 square feet legal nonconforming
singie-family residence including the two car garage
PROPERTY LOCATION : 21216 Cold Spring Lane (Lot 3 , Tract No . 25985 )
PROPERTY OWNER: Hong-Man Le, 21216 Cold Spring Lane, Diamond Bar, CA
91765
APPLICANT : Bao L. Nguyen , 21216 Cold Spring Lane, Diamond Bar, CA
91765
BACKGROUND :
The property Owner, Hong-Man Le, and Applicant, Bao Nguyen , are requesting approval
of an Application to remodel and add approximately 842 square feet to an existing 1 ,690 _
square feet legal nonconforming singie-family residence including the two car garage .
The projecYs address is 21216 Cold Spring Lane (Lot 3 , Tract No. 25985), Diamond Bar.
It is a rectangular shaped lot, approximately . 17 gross acres , with an existing one story
legal nonconforming single-family residence permitted in 1966. An existing 420 square feet
patio cover in the rear will be demolished to allow the proposed construction .
The project site is zoned R- 1 -7 , 500 for single-family residence. Its General Plan Land tJse
designation is Low Density Residential (RL), maximum 3 dwelling units/acre. Generally, the
R- 1 -7 , 500 zone surrounds the subject site .
1
REVIEW AUTHORITY
Per the City's Development Code, Section 22 .48 .020(A)( 1 ), Development Review is
required for projects involving a building permit for reconstruction and additions to
structures which are equal to 50 percent or greater of the floor area of the existing
structures on the site. The Assessors records indicate that 1 ,300 is the existing structure's
- livable square footage , and the Application's garage plan scales 385. 5 square feet for a
total of 1685. 5 . Fifty percent of the floor area would be 842 . 75 square feet. Per
Development Code Section 22 .01 .040(F), it has been determined that the more stringent
Development Review is applicable.
The purpose of the Development Review process is to establish consistency with the
General Plan through the promotion of high aesthetic and functional standards to
complement and add to the economic, physical , and social character of the City. The
process will also ensure that new development and intensification of existing development
yields a pleasant living , working , or shopping environment and attracts the interest of
residents , workers, shoppers and visitors as the result of consistent exemplary design . The
City's Design Guidelines and City's Development Code standards are used to promote
development that respects the physicai and environmental characteristics of the community
and the site.
The applicant is also seeking a Minor Conditional Use Permit to allow the continuation of
a legal nonconforming 7 feet 4 inch west side yard setback distance. Properties zoned R- 1 -
7 , 500 require a minimum five feet on one side and 10 feet on the other, as well as 15 feet
between structures on adjoining parcels . The nonconformity is on the west side .
The addition , enlargement, extension , reconstruction, relocation or structural alteration of
a nonconforming structure may be allowed with Minor Conditional Use Permit approval , in
compliance with Chapter 22 . 56 . The Planning Director or his designee may approve
proposed projects of less than 50°/a provided that the total site coverage is no more than
40 percent, that the project conforms to applicable provisions of the Development Code ,
and the exterior limits of new construction do not exceed the applicable height limit or
encroach further into the setbacks than the comparable portions of the existing structure
where the nonconformity exists.
This proposed project conforms to applicable provisions of the Development Code, the site
coverage is less than 40 percent, and it meets the required height limitations and does not
encroach further into the setbacks than the existing structure . However, the proposed
project is more than 50 percent of the existing square footage . A public hearing by the
Hearing O�cer and approval of a Minor Conditional Use Permit and findings are required .
Pursuant to Development Code Section 22 .48 . 030, the highest levei of authority shall
make concurrent processing . The Planning Commission shall hear both Applications .
2
ANALYSIS :
DEVELOPMENT REVIEW/MINOR CONDITIONAL USE PERMIT
• General Plan and Design Guidelines
_ The General Plan has two strategies relating to compatibility within the Land Use Element:
1 . Strategy 1 .2 .4 - Maintain residential areas which provide ownership for single-family
housing and .require that new development be compatible with the prevaiiing
character of the surrounding neighborhood ; and
2 . Strategy 2 .2 . 1 - Requires that new developments be compatible with surrounding
land uses . '
The City's Design Guidelines state that compatibility with adjacent uses is a primary
objective. Projects should be designed to minimize negative impacts on surrounding uses.
Compatibility equates to the Development Code standards induding setbacks, height, on- .
site parking, site coverage, site planning , lot and pad size, mass/bulk, architectural design ,
landscaping , and the impact to other properties, etc. Just because a structure is larger
does not mean it is incompatible with the surrounding single-family residences. Projects
brought before the Planning Commission are analyzed on a case by case basis and the
evaluation takes all the above into consideration .
The proposed Application is one of the largest single-family residences in the area of Cold
Spring Lane , Bronco Lane, and Trigger Lane of the Heritage Park neighborhood. However,
in the following discussions staff endeavors to show how this project conforms to the
General Plan , Design Guidelines, and the Development Code when considering all the
elements described above and when compared to the other properties in the vicinity.
. Developmenf Standards
The following is a comparison of the City's development standards and the project's
ro osed develo ment standards :
Cit 's Develo ment Standards Pro'ecYs Develo ment Standards
1 . Setbacks (main structure): 1 . Setbacks (main structure) :
• Front yard-20 feet from property line • Front yard- 24 feet from property line
• Side yards-5 feet & 10 feet minimum . Side yards- 5 feet and 7 feet 4 inches
from property line , and 15 feet from property line , and meets 15 feet
between structures on adjoining between structures on east side, 11 feet
parcels 4 inches and Minor Conditional Use
Permit approval on west side
• Rear yard-20 feet from property line • Rear yard-approximately 30.37 feet from
ro ert line
3
2 . Building Height: 2 . Building Height:
Maximum 35 feet • One sto includin chimne 18 feet
3 . Parking : Minimum two-car garage 3 . Parking : Existing two car garage 19 feet
with each ba minimum 10 feetX20 feet WX20 . 5 feet L lus drivewa ,
4. Site Covera e- maximum 40% 4 . Site Covera e-A roximatel 33%
- The above analysis indicates the proposed reconstruction/remodel meets Development
Code Standards, except for the legal nonconforming status of the existing west side and
the distance between structures on adjoining parcels discussed below. There are a total
of three bedrooms plus the potential of the den and the study as bedrooms with the two
car garage and driveway. Staff anticipates adequate parking for this remodel .
• Site Planning
A guiding principal for good site planning is that the siting and design of structures and
landscaping should ensure that all blend into the terrain and do not dominate the landform
as seen from lower elevations. Cold Spring Lane and the surrounding streets' elevations
gradualiy slope upward from Castle Rock Road to Brea Canyon Road with two-three feet
change in elevation between the level pads. The Application's addition of square footage
is in the rear. The Application has a rear setback of 30 feet; ten feet more than required
by Code . The structure fo�lows the line of the existing structure at 7 feet 4 inches and
maintains the twelve plus feet beiween structures on adjoining parcels on the west side.
The site coverage is approximately 33 percent of the . 17 acre site. The siting of the
structure follows the guiding principal and does not dominate the landform as seen from
other elevations .
• Size, Mass, and Bulk of fhe Structure
The Application proposes approximately 2 , 532 gross square feet and a livable of 2 , 142 .
The livable square footage of the homes in the Heritage Park area generally built in the
1960's range from 1 ,252 to 1 ;907 square feet (excludes garage, decks , patios , porches ,
etc. ) 1 They are one story structures .
The mass of the addition of square footage for this Application is not on the street. It is a
one story reconstruction/remodel . The lot is rectangular-shaped and the reconstruction/
remodel is located on the existing pad .
• Architectural Features and Colors
The proposed single-family residence's contemporary architectural style is maintained .
1 Information for square footage comes from the Citys Assessor information . This square footage is a livable
calculation and does not include, decks, patios, garages, balconies, or accessory structures. The
Development Code requires that gross square footage be calculated for applications and site coverage
criteria, which includes the above.
4
Colors of the composition roof, stucco, and trim will be maintained . The proposed projecYs
architectural trim and palette are compatible with the architectural style of bther homes
within the tract.
• Floor P/ans
_ The proposed single-family structure is one story. This addition enlarges the existing family
room/dining room/kitchen area and converts an existing bedroom to a den . It adds the
pantry, study, and master bedroom , with walk in closet and bath .
Any Home Base Business use requires a Zoning Clearance per Development Code
Section , 22 .42 . 070 . This requirement is in the conditions of approvai .
• Landscaping
Front yard landscaping is often destroyed during a remodel of this magnitude. Therefore ,
a front yard landscape/irrigation plan is required as a condition of approval. The plan is
required to delineate the type of planting materials , color, size , quantity and location . It is
a requiremenfi that the landscaping/irrigation be installed or replaced per the plan prior to
the Planning Division's final inspection . Additionally, it is noted for the Owner that any walls,
gates, fountains, etc. that may be proposed within the front setback shall not encroach into
the street's dedicated easement; nor, shall any such structure or dense plant material
proposed within the front setback exceetl a maximum height of 42 inches .
• Covenant and Agreement
As with many approvals , a condition of approval has been added that the Owner is
required to complete and record a "Covenant and Agreement to Maintain a Single-family
Residence" on a form to be provided by the City (sample attached). The covenant must be
_ completed and recorded with the Los Angeles County Recorder's Office prior to the �
issuance of a building permit.
• Continuation of Legal Nonconforming West Side Yard Setback
The existing structure was approved using the Los Angeles County Code in 1966 and met
the required setbacks of that Code prior to the City's incorporation .
Development Standards Comparison
Los Angeles County Code Diamond Bar Development Code
Front 20 feet Front 20 feet
Sides 5 feet on sides Sides 5 feet on one side , 10 feet on
the other, and 15 feet between
structures on adjoining parcels
Rear 15 feet Rear 20 feet
5
Heiqht Average Finish Grade no more Heiqht Shall not exceed 35 feet from
than 35 feet the finish grade at any exterior wall of
the structure to the highest point of the
roofline
Note that the setback standards have changed from the Los Angeles County Code. In this
case the west setback is 7 feet 4 inches, not the 10 feet required and the distance between
structures on adjoining parcels for the west side does not meet Diamond Bar's
Development Code. This Application is considered a nonconforming structure per
Development Code Section 22 .68. Nonconforming structures are defined as any parcel or
structure that was legal�y created or constructed prior to the adoption of the current
Diamond Bar Development Code adopted November 3, 1998, and which does not conform
to current Code provisions/standards prescribed for the zoning district in which the use is
located .
The applicant seeks a Minor Conditional Use Permit to allow for the continuation of the
legal nonconforming west side yard setback distance. The R- 1 -7 ,500 zone requires a
minimum west side yard setback area of 10 feet. The yard setback dimension is measured '
from the property line to the wall of the building. The purpose of this development standard
is to create an open side yard area proportionate to the lot size that will promote a sensible
building plan , and contribute to an attractive street scene.
The proposal is to maintain the existing west side yard setback of 7 feet 4 inches . The
Development Code Section 22 .68 . 030(B ) allows for the continuation of a legal
nonconforming yard setback provided a Minor Conditional Use Permit is approved , and the
improvements conform to applicable provisions of the Oevelopment Code and the exterior
limits of new construction do not exceed the applicable height limit or encroach further into
the setbacks than the comparable portions of the existing structure.
The Minor Conditional Use Permit is required to determine whether the proposed use
should be permitted by weighing the public need for and the benefit to be derived from the
use against the impact, which it may cause . Additionally, this discretionary approval
proeess aims to ensure that the proposal is consistent with the Citys General Plan land
use policies and zoning standards; provide for quality site design , layout and architecture;
and promote a rational design transition with adjacent properties.
The appiicant is requesting approval of a 2 . 66-foot reduction . Based on the submitted
design , the maintenance of the existing west side yard setback distance wili not alter the
established neighborhood pattern or character or result in a haphazard layout.
It is staff' s opinion that the reduced west side yard setback would not substantially block
the view or degrade the light and open space area of the adjacent development.
Additionaliy, given the existing development pattern of the neighborhood , consisting of lots
with various siope percentages , the intent of the Code to respect and compliment the west
side yard setback area of adjacent properties will not be compromised . Therefore, staff is
6
of the belief that the deviation would not be detrimental to the public health , safety or
welfare of the community nor would it dispel the goal of the ordinance.
SITE WORK
The subject reconstruction/remodel is on the existing pad . No grading or retaining walls are '
- anticipated . Should it be necessary to work more than 50 cubic yards of earth , the Pubiic
Works Division will require a grading/drainage plan .
Best Management Practices requirements (BMP's) are not required to be incorporated into
the project plans . However, the BMP's must be implemented for the construction activities '
on site to comply with the National Pollutant Discharge Elimination System (NPDES)
regulations per the Public Works Division . ,
PRESERVED/PROTECTED TREES
Per Development Code 22 .38 .060(H ), parcels of '/2 acre or less are exempted from
Preserved and Protected Tree regulations . Therefore, the subject parcel at . 017 acres is
exempt.
VIEW IMPACT
The Application is for one story structure . The neighboring parcels are single-family
residences of one story. By maintaining the height limits of the Development Code , the
proposed remodel is not considered an impact to the view corridor of surrounding
properties .
COMPATIBILITY TO THE SURROUNDING AREA
Taking into consideration the above elements ; such as , development standards, site
pianning, lot and pad size , mass of structure , architectural design , landscaping, site work, �
and view impact, staff believes this project is compatible to its neighbors and the
surrounding area .
ADDITIONAL REVIEW
The Public Works Division and the Building and Safety Division reviewed this project. Their
comments are included in both the report and the conditions of approval .
NOTICE OF PUBLIC HEARING :
On November 13 , 2002 , 64 property owners within a 500-foot radius of the project site
were notified by maii . On November 15, 2002 , notification of the public hearing for this
project was made in the San Gabriel Vallev Tribune and Inland Vallev Dailv Bulletin
newspapers ; and a notice of public hearing on a display board was posted at the site and
7
displayed for at least 10 days before the public hearing ; as well as three other posted
within the vicinity of the Application .
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act (CEQA) , the City has
determined that the proposed project is Categorically Exempt pursuant to the guidelines
of the California Environmental Quality Act of 1970 (CEQA), Section 15301 (e).
RECOMMENDATIONS :
Staff recommends that the Planning Commission approve Development Review No. 2002-
30/Minor Condftional Use Permit No. 2002-15, Findings of Fact, and conditions of approval ,
as listed within the attached resolution .
REQUIRED DEVELOPMENT REVIEW FINDINGS :*
1 . 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 area (e.g. , theme areas, specific plans, community
plans, boulevards , or planned developments);
2 . 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,
3 . The architectural design of the proposed development is compatible with the
characteristics of the surrounding neighborhood and wiil maintain and enhance the
harmonious orderly and attractive development contempiated by Chapter 22 .48 , the
General Plan , City Design Guidelines , or any applicable specific plan ;
4 . 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;
5 . The proposed project wiil 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; and
6 . The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
REQUIRED NONCONFROMING STRUCTURES FINDINGS :*
The addition , enlargement, extension , reconstruction , relocation or structural alteration of
the nonconforming structure would not result in the structure becoming :
1 . Incompatible with other structures in the neighborhood ;
2 . Inconsistent with the General Plan or any applicable specific plan ;
3 . A restriction to the eventual/future compliance with the applicable regulations of this
Development Code ;
8
4 . Detrimental to the health , safety, and general welfare of persons residing in the
neighborhood ;
5 . Detrimental and/or injurious to property and improvements in the neighborhood .
REQUIRED MINOR CONDITIONAL USE PEMIT FINDINGS :*
1 . The proposed use is allowed within the subject zoning district with the approval of a
Minor conditional Use Permit and complies with all other applicable provisions of this
Development Code and the Municipal Code ;
2 . The proposed use is consistent with the General Plan and any applicab�e specific plan ;
3 . The design , �ocation , size and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity;
4 . The subject site is physically suitable for the type and density/intensity of use being
proposed including access, provisions of utilities, compatibility with adjoining land uses,
and the absence of physical constraints,
5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest,
health , safety, convenience or welfare , or materially injurious to persons , property or
improvements in the vicinity and zoning districts in which the property is located , and ;
6 . The proposed project has been reviewed in compliance with the provisions of the
Califomia Environmental Quality Act (CEQA).
Prepared by: Linda Kay Smith , Development Services Assistant
ATTACHMENTS :
1 . Draft Resolution of Approval with above (*) Findings ;
2 . Applications ;
3 . Tree Statement;
4 . Sample Covenant and Agreement;
5 . Site Photos,
6 . Aeriai ;
7 . Exhibit "A" - site plan , fioor plan , elevations , dated November 26 2002 . -
D: WORD-LINDA/PLANCOMM/PROJECTS/DR 02-30 21216 Cold Spring/REPORT DR 02-30 21216 . . . '�
9
DRAFT RESOLUTION
ATTACHMENT " 1 "
PLANNING COMMISSION
RESOLUTION NO. 2002-xx
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
- DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO . 2002 -
30/MINOR CONDITIONAL USE PERMIT NO. 2002-15 AND
CATEGORICAL EXEMPTION 15301 (e), A REQUEST TO REMODEL
AND ADD APPROXIMATELY 842 SQUARE FEET TO AN EXISTING
1 ,690 SQUARE FEET LEGA� NONCONFORMING SINGLE-FAMILY
RESIDENCE INCLUDING A TWO CAR GARAGE. THE PROJECT SITE
IS LOCATED AT 21216 COLD SPRING LANE (LOT 3 , TRACT NO .
25985), DIAMOND BAR, CALIFORNIA.
A. RECITALS ,
1 . The property Owner, Hong-Man Le, and Applicant, Bao Nguyen , have filed
an application to approve Development Review No . 2002-30/Minor
Conditional Use Permit No . 2002- 15 and Categorical Exemption , for a
property located at 21216 Cold Spring Lane (Lot 3 , Tract No. 25985 ),
Diamond Bar, Los Angeles County, Califomia , as described in the title of this
Resolution . Hereinafter in this Resolution , the subject Development
Review/Minor Conditional Use Permit and Categorical Exemption shall be
referred to as the "Application . "
2 . On November 13 , 2002, 64 property owners within a 500-foot radius of the
project site were notified by mail . On November 15, 2002 , notification of the
public hearing for this project was made in the San Gabriel Valiev Tribune '
and Inland Vallev Dailv Builetin newspapers ; and a notice of public hearing
on a display board was posted at the site and displayed for at least 10 days
before the public hearing ; as well as three other posted within the vicinity of
the application .
3 . On November 26 , 2002 , the Planning Commission of the City of Diamond
Bar conducted and concluded a duly noticed public hearing on the
Application .
B . RESOLUTION
NOW , THEREFORE , it is found , determined and resolved by the Planning
Commission of the City of Diamond Bar as follows
1 . The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals , Part A, of this Resolution are true and correct.
DRAFT RESOLUTION
ATTACHMENT " 1 "
2 . The Planning Commission hereby determines that the project identified
above in this Resolution is categorically exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA) and guidelines
promulgated thereunder. This is pursuant to Section 15301 (e) of Article 19
of Chapter 3 , Title 14 of the California Code of Regulations .
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 wild life 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 upon the findings and conclusions set forth herein , this Planning
Commission , hereby finds as follows:
(a) The project relates to a parcel at 21216 Cold Spring Lane (Lot 3, Tract
No. 25985), Diamond Bar, California . It is a rectangular shaped lot,
approximately . 17 gross acres , with an existing one story legal
nonconforming single-family residence.
(b) The General Plan Land Use designation is �ow Density Residential
(RL), maximum 3 dwelling units/acre. The project site is zoned Single-
family Residence , R- 1 -7 ,500 .
(c) Generally, the R- 1 -7 , 500 Zone surrounds the subject site.
(d ) The Application is a request to remodel and add approximately 842
square feet to an existing 1 ,690 square feet legal nonconforming
single-family residence including the two car garage .
DEVELOPMENT REVIEW
(e) The design and layout .of the proposed development are consistent
with the General Plan , development standards of the applicable
district, design guidelines , and architectural criteria for specialized
area (e.g. , theme areas , specific plans, community plans , boulevards ,
or planned developments.
The project site, currently developed with a one story, single-family
residence, was established before the adoption of the City's General
Plan and current Development Code. The adopted General Plan of
2
DRAFT RESOLUTION
ATTACHMENT " 1 "
July 25, 1995, has a land use designation of Low Density Residential
(RL) (maximum 3 dwelling units/acre). The Application complies with
the City's General Plan objectives and strategies related to
maintaining the integrity of residential neighborhoods and open
space, the current Diamond Bar Development Code, and with the
City's Design Guidelines. There is no specific plan.
The proposed project conforms to applicable provisions of fhe
Development Code, the site coverage is /ess than 40 percent, is
eomparab/e with the existing neighborhood, it meets fhe required
height limitations and does not encroach furfher into the setbacks
than the original structure.
This is a one story home. The neighboring parcels are single-family
residences and by maintaining the height limits of the Development
Code, the proposed remodel is not considered an impact to the view
corridor of surrounding properties. �
(fl The design and layout of the proposed development will not intertere
with the use and enjoyment of neighboring existing or future
development, and wili not create traffic or pedestrian hazards .
Diamond BarBoulevard, Brea Canyon Road and Cold Springs Lane
adequately serve the project site. These streets are designed to
handle tra�c created by residential development.
The project site is currently developed wifh a one story single-family
residence. The proposed reconstruction/remodeling does nof change
the existing use of a single-family residence. A/though the proposed
- addition enlarges the existing residence, it meets the 35 feef height "
limitation per the Development Code. Additionally, the Application has
a style consistent with surrounding properties. The structure is not
expected to unreasonably interfere with the use and enjoyment of
neighboring exisfing or future development with regard fo view or
traffic.
(g) The architectural design of the proposed development is compatible
with the characteristics of the su�rounding neighborhood and will
maintain and enhance the harmonious , orderly and attractive
development contemplated by Chapter 22 .48, the General Pian , City
Design Guidelines , or any applicable specific plan .
The proposed single-family residence 's modem architectural sfy/e is
maintained at the streetscape. Colors of the composition roof, stucco,
and trim will be maintained. The proposed project's architectural trim
and palette are compatible with the architectural style of other homes
3
DRAFT RESOLUTION
ATTACHMENT " 1 "
within the tract. The Applicafion design is consistent with the General
P/an, City's Design Guidelines and Developmenf Code. There is no
speci�c plan.
(h) 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 colors, materials, and fextures proposed are the same as existing
and are complimentary to the existing homes within ihe area while
offering variety and low levels of mainfenance.
(i) The proposed project will not be detrimental to the public health ,
safety, or weifare or materially injurious (e.g . , negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Structural plan check, City permits, inspections, Fire Department
approvals and possibly a soils report are required for construction.
These processes will ensure that the finished project will nof be
defrimenta/ to the public health, safety, or we/fare, or materially
injurious to the properties or improvements in the vicinity.
Additionally, a Covenant and Agreement is required and runs with the
land to maintain a sing/e-family residence.
Q ) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmenta/ evaluation shows that the proposed project is
categorically exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15301 (e).
NONCONFROMING STRUCTURES
(k) The addition , enlargement, extension , reconstruction , relocation or
structurai alteration of the nonconforming structure would not result
in the structure becoming incompatible with other structures in the
neighborhood .
As stated in Item (g), the proposed project is compatible with other
structures in the vicinity. Other one story structures in the vicinity have
remodeled and added increased square foofage.
(I ) The addition , enlargement, extension , reconstruction , relocation or
structural alteration of the nonconforming structure would not result
4
DRAFT RESOLUTION
ATTACHMENT " 1 "
in the structure becoming inconsistent with the General Plan or any
applicabie specific plan .
As stated in /tems (e) and (g), the proposed project is consistent with
the City's General Plan objectives and strategies, Chapter 22. 48 of '
- the Development Code, and City Design Guidelines.
(m) The addition , enlargement, extension , reconstruction , relocation or
structural alteration of the nonconforming structure would not result
in the structure becoming a restriction to the eventual/futu �e
compliance with the applicable regulations of this Development Code .
The existing parcel is . 17 acres approved by Tract Map No. 25985.
The existing structure was complefed under the Los Angeles County
Code in 1966 and met the required sefbacks of that Code prio� to the
City's incorporation. The distance between structures on adjoining
parcels on the sides has changed from the Los Angeles County Code
of 10 feet to 15 feet. The application maintaining the existing 12 feet
4 inches is considered a nonconforming parcel and structure. A
nonconforming structure is defined as any parcel or structure that was
legally created or constructed prior to the adopfion of the cur�ent
Diamond Bar Development Code adopted November 3, 1998, and
which does not conform to current Code provisions/sfandards
prescribed for the zoning district in which the use is located. The
proposed project coniorms to the ofher applicable provisions of this '
Development Code and the exterior limits of the new construction do
not exceed the applicable height limit or encroach further into the
setbacks than the comparable portions of the existing structure in the
front and side where the nonconformity exists. No further
- nonconforming status of this parcel is anticipated. -
(n ) The addition , enlargement, extension , reconstruction , relocation or
structural alteration of the nonconforming structure would not result
in the structure becoming detrimental to the health , safety, and
general welfare of persons residing in the neighborhood .
Structural plan check, City permits, inspections, Fire Department
approvals and possibly a soils report are required for construction.
These processes will ensure that the finished project will not be
detrimental to the public health, safety, or welfare, or materially
injurious to the properties or improvements in the vicinity.
Additionally, a Covenant and Agreement is required and runs with the
land to maintain a single-family residence.
(o) The addition , enlargement, extension , reconstruction , relocation or
structural alteration of the nonconforming structure would not result
5
DRAFT RESO�UTION
ATTACHMENT " 1 "
in the structure becoming detrimental and/or injurious to property and
improvements in the neighborhood .
As stated in Items (e-h), the architectura/ design of the proposed
deve/opment is compafible with the characteristics of the surrounding
neighborhood and will maintain the harmonious, orderly and attractive
developmenf contemp/ated by Chapter 22. 48, the General Plan, City
Design Guidelines, or any applicab/e speci�c plan.
Also, as stated in Item (i), City permits, inspecfions and soils reports
are required for construction and wil/ ensure fhat the finished project
will not be detrimenfal to the public health, safety, or welfare, or
materially injurious to the properties or improvements in the vicinity.
MINOR CONDITIONAL USE PERMIT
(p) The proposed use is allowed within the subject-zoning district with the
approval of a Minor Conditional Use Permit and complies with ail
other applicable provisions of this Development Code and the
Municipai Code.
As state in Items (e-o), the proposed use is a/lowed within the zoning
district and complies with al/ other applicabie provisions of the
Development Code and Municipa/ Code.
(q) The proposed use is consistent with the General Plan and any
applicable specific plan .
As stated in Item (e), fhe proposed use is consistenf with the General
Plan and any there is not applicable specific plan.
(r) The design , location , size and operating characteristics of the
proposed use are compatible with the existing and future land uses
in the vicinity.
As stated in Ifems (e-o), the design, location, size, etc, is compafible
with the existing and future land uses in the vicinity.
(s) The subject site is physically suitable for the type and density/intensity
of use being proposed including access , provisions of utilities,
compatibility with adjoining land uses , and the absence of physical
constraints .
6
DRAFT RESOLUTION
ATTACHMENT " 1 "
As stated in Items (e-o), the subject site is physically suitable for the
type and density/intensity of use being proposed including access,
provisions of utilities, compatibility with adjoining land uses, and the
absence of physical constraints.
(t) Granting the Minor Conditional Use Permit will not be detrimental to
the public interest, health , safety, convenience , or weifare , or
materially injurious to person , property or improvements in the vicinity
and zoning districts in which the property is located .
Structural p/an check, City permits, inspections, Fire Department
approvals and possibly a soils report are required for construction.
These processes will ensure that fhe finished project will not be ,
detrimenta/ to the public health, safefy, or welfare, or materially
injurious to the properties or improvements in the vicinity.
Additionally, a Covenant and Agreement is required and runs with the
land to mainfain a single-family residence.
The addition of square footage to the main sfructure follows the line
of fhe existing one story structure in the bofh fhe front and side, and
maintains a 35 feet height; therefore, the proposed application has no
negative affect or impact to the view corridor of surrounding
properties.
Additionally, the colors and materials utilized are compatible with the
homes within the surrounding area.
(u ) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
categorically exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Sections 15301 (e).
5 . Based upon the findings and conclusion set forth above , the Planning
Commission hereby approves this Appiication subject to the following
conditions :
(a ) The project shall substantially conform to site plan , floor plans , and
elevations collectively labeled as Exhibit "A" dated November 26 ,
2002 , as submitted to , amended herein , and approved by the
Planning Commission .
(b) The subject site shall be maintained in a condition that is free of
debris both during and after the construction , addition , or
implementation of the entitlement granted herein . The removal of ali
7
DRAFT RE50LUTION
ATTACHMENT " 1 "
trash , debris, and refuse, whether during or subsequent to
construction , shall be done only by the property owner, applicant or
by 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 utilized has obtained permits from the City of Diamond Bar
to provide such services .
PUBLIC WORKS •
(c) The Best Management Practices (BMP's) requirements stiall be
implemented for the construction activities on site to ccmply with the
National Pollutant Discharge Elimination System (NPDES )
regulations .
(d) If applicable, the applicant shail comply with Standard Urban Storm �
Water Mitigation Ptan requirements to the satisfaction of the City
Engineer.
BUILDING AND SAFETY
(e) The applicant shall provide temporary sanitation facilities while under
construction .
(f) A permit for demolition shall be obtained from the South Coast Air
Quality Management District.
(g ) The singte-family structure shall meet the 2001 California Codes:
Uniform Building Code , Uniform Plumbing Code, Uniform Mechanical
Code , and the 2001 National Electrical Code requirements .
(h ) The single-family structure requires Fire Department approval and is
located in "Hiah Fire Zone" and shall meet the following requirements
of that fire zone:
( 1 ) All roof covering shall be "Fire Retardant, Class A"; tile roofs
shall be fire stopped at the eaves to preclude entry of the
flame or members under the fire ;
(2) All enclosed under-floor areas shail be constructed as exterior
walis;
(3) All openings into the attic, floor, and/or other enclosed areas
shall be covered with
corrosion-resistant wire mesh not less than '/4 inch nor more
than YZ inch in any dimension except where such openings are
equipped with sash or door;
8
DRAFT RESOLUTION
ATTACHMENT " 1 "
(4) Chimneys shall have spark arresters of maximum '/z inch
screen .
(i) This single-family structure shall meet the State Energy Conservation
Standarda '
(j) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure . -
(k) Smoke detectors shail be provided in all sleeping rooms .
(i ) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approvaL '
(m ) Appiicant shall submit a soils report if required for the proposed
improvements to be reviewed and approved by the City.
(n) The applicant shali comply with the requirements of the Fire
Department; City Planning; Building and Safety, and Public Works
Divisions .
PLANNING
(o) A landscape/irrigation plan for the front yard shall be submitted to the
Planning Division for review and approval prior to Building Permit
issuance . The plan shall delineate the type of planting materials ,
color, size, quantity and location . The landscaping/irrigation shall be
installed or replaced in the front yard prior to the Planning Division 's
final inspection . Any walls, gates , fountains, etc. , that may be -
proposed within the front setback shall not encroach into streeYs
dedicated easement or exceed a maximum 42 inches in height.
(p) Drainage pattem shall be reviewed and approved by the Public Works
Division ; surface water shali drain away from the building at a 2 %
minimum slope.
(q ) The single-family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental
setting of the residential site to levels of dust, glare/light, noise, odor,
traffic, or other disturbances to the existing residential neighborhood
and shall not result in significantly adverse effects on public services
and resources . The single-family residence shall not be used for
commerciai/institutional purposes , or otherwise used as a separate
dweiling. The property shali not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood .
9
DRAFT RESOLUTION
ATTACHMENT " 1 "
(r) The Owners/Applicants shall complete and record a "Covenant and
Agreement to Maintain a Single-family Residence" on a form to be
provided by the City. The covenant must be completed and recorded
with the Los Angeles County's Recorder's Office prior to the issuance
of a bui�ding permit.
(s) Prior to any Home Base Business use in proposed office , the
Owners/Applicants shall obtain a Zoning Clearance subject to the
standards outlined in Development Code Section 22 .42 .070 .
(t) This grant is valid for two (2 ) years and shall be exercised
(i .e. , construction} within that period or this grant shall expire. A one-
( 1 ) year extension may be approved when submitted to the City in
writing at least 60 days prior to the expiration date . The Deputy City
Manager wi�l consider the extension request at a duly noticed public
hearing in accordance with Chapter 22 . 72 of the City of Diamond Bar
Development Code.
(u ) This grant shall not be effective for any purpose until the permittee
and owners of the property involved (if other than the permittee) have
filed , within fifteen ( 15) days of approval of this grant, at the City of
Diamond Bar Community and Development Services Department,
their affidavit stating that they are aware and agree to accept ail the
conditions of this grant. Further, this grant shail not be effective until
the permittee pays remaining City processing fees.
(v) If the Department o# Fish and Game determines that Fish and Game
Code Section 711 .4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this granYs
approval , a cashier's check of $25.00 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 .
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 Owner, Hong-Man Le , and Applicant, Bao Nguyen , 21216 Cold
Spring Lane , Diamond Bar, CA 91765.
10
DRAFT RESOLUTION '
ATTACHMENT " 1 " '
APPROVED AND ADOPTED THIS 26th DAY OF NOVEMBER 2002 , BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
- Joe Ruzicka , Chairman
i , James DeStefano, 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 26th day of November 2002, by the following vote:
AYES : Commissioner. '
NOES : Commissioner.
ABSENT: Commissioner:
ABSTAIN : Commissioner. �
ATTEST:
James DeStefano, Secretary
11
APP�ICATIONS �
, CITY OF DIAMOND BAR � �
COMMUNITY AND DEVELOPMENT SERVICES
' DEPARTMENTIPianning Division Case # � ZoO� -3p
i„ ' ' � i 1 a 21825 E. Copley Drive Deposit $ 000.00
Diamond Bar, CA 91765 Receipt #
Phone (909)396-5676 Fax (909)861 -3117 BY
Date Rec'd
l` ❑ ADMINISTRATIVE DEVELOPMENT REVIEW FORCITYUSE
\+eB�o �DEVELOPMENT REVIEW APPUCATION '
Record Owner Applicant ApplicanYs Agent
Name Lk��-1 � (�,L: .. �'; HIV (�i (:tiJ4p �� , i5 ��:, c,
(Las name first) (Last name first) (Last name first)
Address � IZI �.. C :_ i. � ; � �: iN �' � /s-I�Oi= , i: : ; H �� �..
City � I I`j :b� uv�� � I� 1'�/ � (c;c �. ..
i' -7 ' � .
Zip Ca'� � � 1 �� 1 � u«
Phone (/Q"1 �i-�+�+ ( - � � Phone ( ) } •-{ �-� � Phone (��� � U �' � �J / �-
� ( �M �li J
Faz ( 1�<i I / � � �%�t� Fax ( ) l�i' �: � � Fax ( ) \
�
An application fee in accordance with Section 22.44.040 of the Municfpal Code must accompany this Application. The application fee is
either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit
amount for this appiication is indicated above. If it is a deposit, the applicant shail pay any processing costs that exceed the amount of
the deposit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid.
NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the
processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of inembers of � .
partnerships, joint ventures, and directors of corporations.) �
Consent of Owners: 1 certify that 1 am the ownei of the herein-described property and permit the applicant to fife
this request.
Print Name / L { �� �' �- rl� t"� t"�
(All recortl owners)
Signed 1 �� �� " `-
l,lti��l Date I - � " �
(AII remrd ners ) � .
Certification ot Applicant: l, the undersigned, hereby certify under pena/ty o/ perjury that [he information herein
provided is correct to the best o/ my know/edge.
� �_ . � ^
PrintName �+ � i l. � yj- � i '� �'? � ( _
,( rant or gent) '
Signed � .- i�- -c ; J'� �. Date 'r , , � , . �_ '
(ApplicantorAgent) � � _ _ .
, �
Location �' i i � i� r' � f (- L ri r� � - � � j� _'.; = ti� ; _ f�i '� i. 4 ' t � � _ �
(Street address or tract and lot number) �
Zoning House Numbering Map/aeria� Previous Cases
Present Use of Site ; ' � ' ' �' � a � `i M � ' � �—
Use applied for 'j � � � '�� U' �l `+ H ' � t' ------
1
�1
�
CITY OF DIAMOND BAR
COMMUNiTY AND
� DEVELOPMENT DEPARTMENT Case # M 7�Z�rS
pianning Division Deposit 5
' (,: � � � 1 � 21825 E. Copley Dnve Receipt #
Diamond Bar, CA 91765 � BY
Phone (909 ) 396-5676 Fax (909) 8613117 IDate Rec'd
I FOR CITV USE
���M�� � ❑ COWDITtONAL USE PERMIT
'�B' }�(MINOR CONDITIONAL USE PERMIT
Record Owner Applicant ApplicanYs Agent
Name -.
' i� cr,i- . ,'��a I� N ��-': i y ��=(�- �'
h f''`�- �-
J (Last name firs[) (Last name first) (�ast name first)
Address - � L :
L � 1, Il.� � _ � � � ( � � � I1 : P't. ML' ) a. �_�:. ..;
Clry
� I i1 !ti cN j� `� Fy, � . , \ . ,
Zip , _
�._ r, t � : '7 � ,. _
Phone ( ) - Phone ( ) ~� F'hone ( ) ^
` � - i - ` G.4.- i '_ 'i � � ._ �. �
Fax ( ) �`_ � ;).� � �ti —� 4 Fax ( ) Fax ( )
� �
M application fee in secordance with Sectio� 22.44.040 of the Municipal Code must accompany this
Application. The application fae is aither a flat fee or a deposit ptus payment of tfie City's processing
costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated
above, lf it is a depostt, the applicant shatl pay any processing costs that excead the amount of the
deposit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid.
NOTE: 4t is the appticanYs responsibiliry to notify the City in writing of any change of the principats involved dunng the
processing of this case . (Attach separate sheet, if necessary, including names, addresses, and siqnatures of inembers o!
paMecships, yoirt ventures, anC directors ot co�pocatwns.)
Consentr 1 eertl/y that 1 am the owner ol tha hemin-desc�Vbed property and permie the appliunt fo /!le tAis
request.
Signed �"� , �. "� , �� k � , � " Oate ' . .
iat rema w�an �
Grtlflufion : 1, ths untl�nipnW, h�roby c�rtl/Y undK o�n�lty o/ p�Nury th� t th� lnlnrmir�on hetirn �rc� ��d-C � s
conect to �he best o/ my know/Wpe.
' Print Name
, , � ; � „ , � r � „
(ApOhcantorAgBnt) - - .
S�gned " � Date
(Mv���nt o� Agenp
Location of project
, , r • - �. �� � p- � r � �
(Street address or vaa antl lot numceq
Zoning Numbering Map
Previous Cases
1
ATTACHMENT "3"
TREE STATEMENT
TREE PRESERVATION STATEMENT
{�Y The sub}ect psoperty is '1: acre or {ess and is exempt from Tree
� � Preservation Requirements .
- [ ] The subject property contains no native oak, walnut, sycamore , wiliow, or
naturalized Califomia Pepper trees .
[ ] The subje,ct property contains one or more oak, wainut, sycamore, willow,_
or naturalized California Pepper trees. The appficant anticipates that no
activity (grading and/or construction) wiil take piace within five (5) '
feet of the outer dripiine of any oak, walnut, sycamore, willow, or ,
naturalized California Pepper tree .
[ ) The subject property contains one or more oak, walnut, sycamore, willow, ,
or naturalized California Pepper trees. The applicant states that activity �
(grading and/or construction) will take ptace within five (5) feet of the
outer dripline of any oak, walnut, sycamore, willow, or naturalized
Galifornia Pepper tree . A Tree Permit has been or wi{I be app{ied for prior
to any activity taking place on the property.
�--�,
y `� �_ � ,ti � t� - �-1 ? •� 1 �
(AppficanPs Signatur�. � � (Date)
D:WORD-tINDA\FORMS\TftEE STATEMENT
ATTACHMENT "4"
SAMPLE COVENANT
& AGREEMENT
RECORDING REQUEST BY:
City of Diamond Bar
WHEN RECORDED MAIL TO :
City of Diamond Bar
21825 E. Copley Drive
- Diamond Bar, CA 91765
Space Above line For Recorder's Use Oniy
COVENANT AND AGREEMENT TO
MAINTAIN A SINGLE FAMILY RESIDENCE
The undersigned hereby certify that
are the owner(s) of the hereinafter described real property located at
in the City of Diamond Bar, County of Los Angeles, State of California ,
commonly known as
�egally described as Lot Tract Maq Na '
Assessor's Book and Parcel Number
And , I/we do hereby covenant and agree for ourselves , heirs , assigns ,
transferees and successors , with the City of Diamond Bar (hereinafter "City') that the
above described property shall be used for single family residential purposes only, and
that no portion of the structure(s) or property shall be rented , leased or sold separate '
and apart from any remaining portions of the property or structure(s).
This covenant and agreement shall run with the land and shall be binding upon
ourselves , future owners , their heirs, and successors and assignees and shall continue
in effect until and unless approved otherwise by the City of Diamond Bar is specifically -
intended that the benefits and burdens of this covenant run with the land .
If the City is required to bring legai action to enforce this covenant, then the city
sha�l be entitled to its attorney fees and oourt costs .
By
By
DATED :
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On this day of , 200 before me the undersigned Notary
Public in and for said State, personally appeared
personaliy known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that executed the same in authorized capacity(ies) ,
and that by signature(s) on the instrument the person (s) or the entity
upon behaif of which the person(s) acted , executed the instrument.
WITNESS my hand and official seal .
Notary Public in and for said State
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CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DIAMOND BAR ) '
On November 26 , 2002, at 7 :00 P.M. , the Diamond Bar Planning Commission will hold a
Study Session and regular meeting at the South Coast Quality Management District, 21865 East
Copley Drive, Diamond Bar, California.
Items for consideration are listed on the attached agenda.
I, Stella Marquez, declare as follows :
I am employed by the City of Diamond Bar, Community and Development Services
Department. On November 21 , 2002, I posted a copy of the Notice for the Study Session and
Regular Meeting of the Diamond Bar Planning Commission, to be held on November 26 , 2002, at
each of the following locations :
South Coast Quality Management Heritage Park
District Auditorium 2900 Brea Canyon Road
21865 East Copley Drive Diamond Bar, CA 91765
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and conect.
Executed on November 21 , 2002, at Diamond Bar, California.
�
Stella Marquez
Community and Development Services Dept.
g:\\a�davitposting.doc
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DIAMOND BAR )
I , Stella Marquez, declare as follows :
On July 9 , 2019 , the Diamond Bar Planning Commission will hold a Regular
Meeting at 6 : 30 p . m . at City Hall , Windmill Community Room , 21810 Copley Drive ,
Diamond Bar, California .
I am employed by the City of Diamond Bar. On July 5 , 2019 , a copy of the Planning
Commission Agenda was posted at the following locations ,
South Coast Quality Management Heritage Park '
District Auditorium 2900 Brea Canyon Road
21865 East Copley Drive Diamond Bar, CA 91765
Diamond Bar, CA 91765
Diamond Bar Library City of Diamond Bar - City Hall
21800 Copley Drive 21810 Copley Drive
Diamond Bar, CA 91765 Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 5 , 2019 , at Diamond Bar, California .
Stella Marquez
Community Development Dept.
CD:�zstella\affidavitposting.doc